Malcolm Waring

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“We Have Other Offers”


“We have other offers” By James L. Goldsmith, Esquire This, or something like it, is a frequently heard refrain.  You hear it when you tell a listing agent that your buyer’s offer is forthcoming. Is it true? … Read more

To Attend or Not?


To attend or not? James L. Goldsmith, Esq.  August, 2015 Here’s the scene. An inspection of the on-site sewage disposal system reveals a failure. The sewage enforcement officer (SEO), a man from the septic repair company, the… Read more

Working Inside the Box – Establishing the Box (2 of 2)


Working Inside the Box – Establishing the Box James L. Goldsmith, Esquire What is your agreement with your broker? A recurring question to the Hotline is “what is my broker’s obligation to pay me when I have… Read more

Working Outside of the Box (1 of 2)


Working outside of the box James L. Goldsmith, Esquire  Real estate salespersons often have second jobs. Should a broker care? All in unison: “it depends.” Issues relating to profitability and productivity of a salesperson aside, a broker… Read more

Use Restrictions – How Do You Find Out?


Use restrictions – How do you find out? James L. Goldsmith, Esquire  You’ve experienced it. A prospective buyer wants to know if they can have horses or other animals on the property; a psychologist wants to know… Read more

Who Controls My Fee?


Who controls my fee? James L. Goldsmith, Esquire Broker fees are all over the place.  And I am not referring to listing commissions.  Rather, I am referring to the many documents that refer to the “fees” to… Read more

It’s Not Too Early – Renewal Time Approaches


It’s not too early – renewal time approaches. Time is relative so whether May 31 is fast approaching or is way far out is for you to decide. What I can tell you is that by the… Read more

Terminating the Agreement of Sale


Terminating the agreement of sale James L. Goldsmith, Esquire Terminating an agreement of sale falls into one of three categories: 1) termination based on law; 2) termination based on a contractual right; and 3) termination unsupported by… Read more

Myths We Just Can’t Shake


Myths we just can’t shake By James L. Goldsmith, Esquire There is a lot of fake news out there!  And there is a lot of fake news about news that is claimed to be fake that isn’t… Read more

Your Seller May Not Have a Dime’s Worth of Recourse!


Your seller may not have a dime’s worth of recourse! By James L. Goldsmith, Esquire   Who remembers when the pages of the agreement of sale came sandwiched with carbon paper?  For the youngsters in the group,… Read more