SC BAR

The Real Estate Practices Section Council met on August 2, 2006, via conference call. Participating members included Robert L. Buchanan Jr., Charles E. Hedgepath, William O. Higgins, Lynn G. Stevens and Donald B. Wildman. Representing the Bar staff was Tara Smith.

 

Chairperson Stevens called the meeting to order.

 

The first item of business was approval of the minutes from the April 6, 2006, meeting. Mr. Higgins moved approval of the minutes. Mr. Wildman seconded the motion, and it was approved.

 

The next item of business was discussion on the Real Estate Practices Intensive Workshop that was held on July 27-28, 2006. It was reported that the program was well attended and that the Section received positive feedback from the attendees.

 

Next was discussion on the 2007 Bar Convention. It was reported that the Section CLE was scheduled for Saturday, January 27, 8:30 – 11:45 a.m. Ms. Smith announced that the appropriate forms were to the CLE Division.

 

Next, Ms. Stevens reviewed the proposed FY2006-2007 Section Goals. The Council approved the following goals:

1. Continue to update members on information pertaining to seminars, legislative updates, etc., through the Section listserve and Web site.

2. Present an informative CLE program at the 2007 Bar Convention.

3. Continue to conduct CLE seminars on commercial and residential real estate issues.

4. Continue to monitor ongoing legislation, relevant appellate cases and report the information to the members through the Section listserve.

5. Propose guidelines regarding best practices for real estate closing attorneys.

In the next item was discussion on the standardized real estate forms. Ms. Stevens reported that she had completed the comparison chart, which outlined the major differences among the statewide forms.  She was to e-mail Ms. Smith the chart, along with a letter to the Section members requesting feedback in her effort to prepare a generic form.

After continued discussion, it was suggested that the standardized form provide alternative provisions based on geographic locations and a supplemental checklist.

 

Next, Mr. Higgins discussed upcoming legislation. He reported that the Section’s recommendations on H.4877, mortgages/liens and H.4892, real estate licensee were approved by the Board of Governors. Mr. Higgins noted that the bills did not pass the legislature and would have to be re-filed for the upcoming legislation session.

 

Mr. Higgins provided an update on the disbursement of funds. He reported that the Board of Governors approved the subcommittee’s recommendations to allow the disbursement of funds by residential real estate practitioners. However, after an action was filed by Desa Ballard, the Bar had to file an amicus brief. Mr. Higgins announced that he would continue to monitor and reiterated the Bar’s support.  

 

In closing, Mr. Wildman discussed an article that was written in the Home Builders Journal regarding copyright infringement. Ms. Smith reported that at the last Council meeting she was asked to contact the Intellectual Property and Unfair Trade Practices (IPUT) Committee for comments on the issue. She noted that the information was e-mailed to the IPUT Committee but that she had not receive any feedback.

 

There being no further business, the meeting was adjourned.