Real Estate Broker and Agent Representation
As a real estate broker, you are faced with legal issues dailey and are legally responsible for the actions of your
agents. We have extensive experience in creating and maintaining liability reduction programs for real estate companies that
can involve creating a legal resource for your managers or agents for all of their legal questions and situations; educating
your agents and managers through seminars, news letters and email updates; providing representation at Ethic Hearings, for
Commerce Department Investigations, Fee Arbitrations and other disputes; creating an internal arbitration/mediation system
for your company to resolve disputes between agents and to provide general consulting on the numerous legal, regulatory and
statutory challenges that you face every day.
Defense of the Department of Commerce's Action Against First American Affiliate Title Owners
In February of 2007 the Minnesota Department of Commerce announced a settlement with First American Title Company relative
to their affiliated title companies. Pursuant to the Consent Order, First American agreed (without admiting guilt) to the
following:
1. to pay a $500,000.00 civil penalty to the state of Minnesota;
2. to close down its 35 affiliated businesses;
3. to provide educational material regarding title insurance for the Department of Commerce web site.
On March 22, 2007 the DOC began sending out letters to the individual owners of the variuos First American affiliated title
companies alleging that each owner accepted kickbacks, solicited the sale of title insurance without a license, a failure
to act in the best interests of their clients and that they failed to accurately disclose their affiliated business arrangement.
Enclosed with the letter is a proposed Civil Penalty and Agreement whereby the recipient admits to the charges and agrees
to pay a fine somewhere between $1,000.00 and $3,000.00 (we have heard rumours of a $5,000.00 fine but have not been to verify
the same). Each recipeint has only 10 days from the reciept of this letter to decide whether to admit guilt and pay the fine
or fight the charges.
The DOC's actions have sent shockwaves through the real estate community. While it appears that they have only sent out
25 such letters, they have apparently indicated to some of the recipients that they expect to send out over 700 hundred more
such letters, that they are sending them out in waves.
Since it is difficult, if not impossible, to fight these charges alone, we have undertaken the task of putting together a
defense group to challenge these charges. Together the past and present First American affiliate title company owners can
amass enouhg resources and strength to fight for a fair resolution of this situation. Individually nobody has the resources
or strength to fight.
Some of the dangers of signing the Agreement and paying the fine are as follows:
1. You are admiting guilt to these charges (even though First American did not in their settlement);
2. The admission to guilt is a public record for all to see;
3. The proposed settlement does not include HUD who can go after each owner on the very same charges (First American's settlement
included HUD);
4. The proposed settlement with the admission of guilt may open you up to a civil lawsuit and/or ethic complaints.
If you are a present or past owner of a First American affiliate title group and are interested in more specific background
as to what is happening, what are are the pro's and con's of settling, how the group defense would work and how to join the
group, please click the link below:
Information Regarding DOC Enforcement Action Against Past and Present First American Title Affiliate Owners
If you would like more information about the First American settlement and the class action lawsuit against Coldwell Banker
Burnet relating to their title company and their agent preferal practices, see the link below:
The following link is to a recent article appearing in RESPAnews.com that looks at the DOC's enforcement action and the response
around the country.
RESPAnews.com Article Regarding DOC Enforcement Action
Seminars
The law firm has provided speakers for individual real estate companies and/or offices and has hosted its own seminars.
We have the ability to provide seminars for real estate education credit. Even if we don't provide the seminar specifically
for your office we will host a seminar close to your office for the convenience of your agents.
If you would like for us to speak at your office or provide a seminar for real estate education credits, we can design a
program that meets your needs and addresses the issues that your agents face every day. The advantage we have over other
seminar providers is that our real estate knowledge is based not only on the law but also on what is actually happening in
the marketplace. We represent hundreds of brokers and agents and other real estate professionals. We know the struggles
you are facing as a broker/agent and can help you achieve success, avoid trouble and deal with it if it arises.
E-Mail Newsletter
Each month we send out an E-mail Newsletter to over 3000 real estate professionals. The newsletter addresses real estate
issues facing real estate broker/agents. We encourage readers to send to us topics that they would like addressed.
If you would like to scan a sample of past Nash & Lodge Real Estate E-Mail Newsletter articles, click the following link:
Nash & Lodge E-mail Newsletter Articles