From the February issue: During the real estate boom, it was common and even encouraged for brokers to buy units in the new development buildings they were marketing. After all, what endorsement could be better than a six-figure down payment? But now that buyers are scarce, a number of problems with brokers purchasing units have surfaced, from unethical dilemmas with flipping to price inflation to whether brokers can be considered “bona fide” purchasers. These issues often went unnoticed when prices were roaring upward, but can threaten a condo development’s very existence in today’s litigious environment. “In the past, there was absolutely no issue because these buildings were sold out, and who cares what the broker did?” said Anne Salisbury, an attorney in the real estate litigation group at Guzov Ofsink. “Now that you’ve got empty units, it can become an issue.” For years, marketing firms urged their brokers to buy units in the new development buildings they were tasked with selling. “It’s a sort of stamp of approval for the building,” said Jennifer Lee, the director of new business development at aptsandlofts?.com, who noted that the brokerage encourages its agents to purchase property. [more]