© 2008 by South-Western, Cengage Learning Chapter 26 Charles J. Jacobus Thomas E. Gillett.
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Transcript of © 2008 by South-Western, Cengage Learning Chapter 26 Charles J. Jacobus Thomas E. Gillett.
© 2008 by South-Western, Cengage Learning
Chapter 26Chapter 26
Charles J.Jacobus
Thomas E.Gillett
© 2008 by South-Western, Cengage Learning
Georgia Real EstateGeorgia Real EstateAn Introduction to the Profession An Introduction to the Profession
Seventh EditionSeventh Edition
Chapter 26Chapter 26
Georgia PracticeGeorgia Practice
© 2008 by South-Western, Cengage Learning
Georgia PracticeGeorgia Practice
Client: represented by a broker“work for”
Customer: not represented by a broker“work with”
Brokerage engagement: written contract creating a client relationship
© 2008 by South-Western, Cengage Learning
Georgia PracticeGeorgia Practice
Ministerial acts: do not require professional judgment or skill
Material fact: fact a party does not know, could not reasonably discover, and would reasonably want to know
Fiduciary: extraordinary skill, knowledge, & ability
reasonable care
© 2008 by South-Western, Cengage Learning
Georgia PracticeGeorgia Practice
1. Duties descried in the brokerage engagement
2. Seek buyer, tenant, or property suitable for client at acceptable price & terms
3. Timely present all offers
4. Disclose material facts
© 2008 by South-Western, Cengage Learning
Georgia PracticeGeorgia Practice
5. Advise to seek expert advice beyond the broker’s expertise
6. Timely account for all money
7. Reasonable skill & care
8. Keep requested info confidential
© 2008 by South-Western, Cengage Learning
Georgia PracticeGeorgia Practice
Seller financing or loan assumptionMust disclose:
Buyer’s financial ability to perform
Buyer's intent to occupy as principal residence
© 2008 by South-Western, Cengage Learning
Georgia PracticeGeorgia Practice
1. Adverse material facts
2. Adverse neighborhood conditions within one mile
Not liable for false info if:Did not know info was false
Source of info is given
© 2008 by South-Western, Cengage Learning
Georgia PracticeGeorgia Practice
Terminates in one year if no expiration date
Duty to not give false info prevails over confidentiality
© 2008 by South-Western, Cengage Learning
Georgia PracticeGeorgia Practice
1. Types of agency available
2. Existing brokerage relationships in conflict
3. Compensation & if compensation will be
shared
4. Obligation to keep info
confidential
© 2008 by South-Western, Cengage Learning
Georgia PracticeGeorgia Practice
Compensation does not create agency
Informed written consent
ConflictFull disclosure vs. confidentiality
Voluntary consent
© 2008 by South-Western, Cengage Learning
Georgia PracticeGeorgia Practice
One broker with 2 clientsTwo associates
Not a dual agency
Represents no one
Performs ministerial facts Discloses adverse material
facts
© 2008 by South-Western, Cengage Learning
Georgia PracticeGeorgia Practice
Single Agency Seller Agency
Broker represents only the seller
Never represents the buyer
© 2008 by South-Western, Cengage Learning
Georgia PracticeGeorgia Practice
Single Agency Buyer Agency
Broker represents only the buyer
Never represents the seller
© 2008 by South-Western, Cengage Learning
Georgia PracticeGeorgia Practice
Single Agency Co-opRepresents both buyers and sellers but never in the same transaction
Dual AgencyOne associate represents both buyer & seller
© 2008 by South-Western, Cengage Learning
Georgia PracticeGeorgia Practice
Designated Agency
Two associates from the same firm
One represents the buyer
One represents the seller
© 2008 by South-Western, Cengage Learning
Georgia PracticeGeorgia Practice
Sub-Agency Co-opTwo brokers represent the seller
Listing broker is the primary agent for the seller
Selling broker is the agent of listing broker
Subagent to the seller
© 2008 by South-Western, Cengage Learning
Georgia PracticeGeorgia Practice
Transaction BrokerageBroker has no client
Ministerial acts
© 2008 by South-Western, Cengage Learning
Working with SellersWorking with Sellers
ProspectingFSBO
Telephone solicitation“Do Not Call” lists
Email solicitation“Can Spam Act”
Sphere of influence
Meet & greet
© 2008 by South-Western, Cengage Learning
Working with SellersWorking with Sellers
Listing PresentationLoan information
Age of improvements
Property condition
Survey
Warranty deed
Seller’s motivation
Seller’s expectations
© 2008 by South-Western, Cengage Learning
Working with SellersWorking with Sellers
1. Why professional marketing?
Build rapport
Benefits
2. Marketing benefits of our company
Match company assets & seller needs
© 2008 by South-Western, Cengage Learning
Working with SellersWorking with Sellers
3. My marketing benefits
Agent’s strengths and seller’s needs
Testimonials
Statistics
Resume
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Working with SellersWorking with Sellers
4. Marketing planCommunication
Exposure of property
CMASold properties
Active listings
AgencyCo-op
© 2008 by South-Western, Cengage Learning
Working with SellersWorking with Sellers
5. PaperworkSeller’s net worksheet
MLS data profile sheet
Loan information letter
Listing agreementPower of attorney
Corporate resolution
Partnership
© 2008 by South-Western, Cengage Learning
Working with SellersWorking with Sellers
Seller’s Disclosure Form
“as is”
Latent defects
Georgia Stigmatized Property Act
AIDS
© 2008 by South-Western, Cengage Learning
© 2008 by South-Western, Cengage Learning
Working with BuyersWorking with Buyers
Duties:Advocate for buyer
Full disclosure
Maintain confidentiality
Higher potential liability
© 2008 by South-Western, Cengage Learning
Working with BuyersWorking with Buyers
Must represent:Yourself
Buyer requiring anonymity
Current clients
© 2008 by South-Western, Cengage Learning
Working with BuyersWorking with Buyers
Should represent:Former client
Referral from former client
Friends & relatives
Business associates
© 2008 by South-Western, Cengage Learning
Working with BuyersWorking with Buyers
Need representation:First-time homebuyers
Relocating buyers
Should not representUnmotivated buyers
Unrealistic buyers
© 2008 by South-Western, Cengage Learning
Working with BuyersWorking with Buyers
Should not representUnqualified buyers
Buyer who presents a conflict with a seller client
Buyer with unethical or illegal expectations
© 2008 by South-Western, Cengage Learning
Working with BuyersWorking with Buyers
Interview/consultationBroker’s office
Buyer’s Home
Neutral site
Client vs. Customer?Brokerage agreement
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Working with BuyersWorking with Buyers
© 2008 by South-Western, Cengage Learning
Working with BuyersWorking with Buyers
Cannot draft legal formsSpecial stipulations
Legal descriptionVoid
Method of paymentClear & definite
© 2008 by South-Western, Cengage Learning
Working with BuyersWorking with Buyers
Conflicting informationHandwritten controls typed
Typed controls preprinted
Last statement controls
© 2008 by South-Western, Cengage Learning
Working with BuyersWorking with Buyers
Conflicting informationBest evidence rule
Written over verbal
Vague wording construed against party who wrote it
Blank lines N/A
© 2008 by South-Western, Cengage Learning
Working with BuyersWorking with Buyers
Exhibit, addendum, riderCross-reference
AssignmentCaution!
Offer presentation
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Working with BuyersWorking with Buyers
CounterofferStrike, initial, date, & time
Counteroffer form
Communication of acceptance
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Contract to ClosingContract to Closing
Contract Explain & maintain communication
Copies
ContingenciesTime limit
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Contract to ClosingContract to Closing
Home InspectionStructural defect & wood infestation
Due diligence period
Termination
Repairs
© 2008 by South-Western, Cengage Learning
Contract to ClosingContract to Closing
Loan Application
Local lenders
© 2008 by South-Western, Cengage Learning
Contract to ClosingContract to Closing
Coordination of the closingContract
Seller’s payoff
Tax receipt
Buyer’s insurance
Scheduling
Blank documents
Cost & net worksheets
Length of closing
© 2008 by South-Western, Cengage Learning
Contract to ClosingContract to Closing
Good Faith Estimate
“Settlement Cost: A HUD Guide”
HUD-1
Kickbacks prohibited
© 2008 by South-Western, Cengage Learning
Contract to ClosingContract to Closing
Broker or salesperson attend closing
Only an attorney can conduct a closing!
© 2008 by South-Western, Cengage Learning
Property ManagementProperty Management
1. Identify property
2. Term & conditions
3. How income will be remitted
Reporting of income & expenses
© 2008 by South-Western, Cengage Learning
Property ManagementProperty Management
4. What expenses paid by broker
Payments
5. Terms & amount of compensation
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Property ManagementProperty Management
6. Security deposits and prepaid rent
7. Beginning & ending date
8. Termination
9. Signatures
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Property ManagementProperty Management
Agreement does not survive sale
Property maintenance Custodial: day to day
Preventive: extend economic life
Corrective: as-needed repairs
© 2008 by South-Western, Cengage Learning
Property ManagementProperty Management
Marketing: Expose to:
right people
right time
effective & efficient manner
© 2008 by South-Western, Cengage Learning
Property ManagementProperty Management
Market analysis Maximize net income &
economic life of property Incentives?
Lease rates?
Home buying incentives?
New buildings?
Demographics
© 2008 by South-Western, Cengage Learning
Property ManagementProperty Management
Certified Property Manager
Accredited Residential Manager
Institute of Real Estate Management
© 2008 by South-Western, Cengage Learning
Property ManagementProperty Management
Budgeting: 2 categories
Income GRI + other sources
V&C
GPI
GEI
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Property ManagementProperty Management
Expenses
Fixed
Variable
Reserves for replacement
© 2008 by South-Western, Cengage Learning
Property ManagementProperty Management
Tenant selection Credit report
References
Former landlords
Verify employment & banking info
Fair Housing
© 2008 by South-Western, Cengage Learning
Property ManagementProperty Management
Negotiating the lease Statue of fraud Forms
Rent collection Late fees Fair Housing
Retaining tenants
© 2008 by South-Western, Cengage Learning
Georgia Real Estate FinanceGeorgia Real Estate Finance
Promissory note: creates the obligation
Interest: “rental charge”
Simple interest: based on loan
balance
© 2008 by South-Western, Cengage Learning
Georgia Real Estate FinanceGeorgia Real Estate Finance
Security deedLegal title to the lender
Defeasible upon payment
Borrower retains equitable title
Satisfaction of debtSign satisfaction & recordExecute & record cancellation
© 2008 by South-Western, Cengage Learning
Georgia Real Estate FinanceGeorgia Real Estate Finance
Importance of real estate to the economy
100% Loans with secondary financing
Sales Price $150,000 $150,000
1st Loan 120,000
80/10/10 80/20
120,000
2nd Loan 15,000 30,000
Down paymt. 15,000 0
© 2008 by South-Western, Cengage Learning
Georgia Real Estate FinanceGeorgia Real Estate Finance
Security deed allows non-judicial foreclosure
Power of saleDemand Letter
Advertised 4 consecutive weeks
Public auction
1st Tuesday of each month
© 2008 by South-Western, Cengage Learning
Georgia Real Estate FinanceGeorgia Real Estate Finance
Short sale
Lender accepts less than amount owed
Deficiency judgment
© 2008 by South-Western, Cengage Learning
Community Association Community Association ManagementManagement
Community Association43-40-1(4.1)
Mandatory owner organization
Community Association Management
43-40-1(4.2)
© 2008 by South-Western, Cengage Learning
Community Association Community Association ManagementManagement
Community Association
History
No Association
Voluntary Association
Mandatory
© 2008 by South-Western, Cengage Learning
Community Association Community Association ManagementManagement
Property owners are members
Elect board of directors
Officers elected
Functions of a managerBudgetsRecord keepingCollecting assessmentsPaying bills
© 2008 by South-Western, Cengage Learning
Community Association Community Association ManagementManagement
Functions of a managerInteract with accountants & attorneysMeetingsHiring contractorsRepairs & maintenanceInsuranceSecurityEnforcing rulesArchitectural controls
Minutes of meetings
© 2008 by South-Western, Cengage Learning
Community Association Community Association ManagementManagement
CAM License18 years old
Georgia resident
High school graduate or equivalency
25 hour course
State Exam
© 2008 by South-Western, Cengage Learning
Community Association Community Association ManagementManagement
CAM License
May not list,sell, lease, option or exchange
License with a Broker
Any licensee may act as a CAM
© 2008 by South-Western, Cengage Learning
Community Association Community Association ManagementManagement
Georgia Property Owner’s Association Act
Voluntary
Enforcement of liens, penalties, & late fees
Automatic liens
Association must respond within 5 days or lien is invalid
Jointly & severally liable
Association may foreclose
© 2008 by South-Western, Cengage Learning
Anti-Trust LawsAnti-Trust Laws
Sherman Anti-Trust ActActivities which endanger competition
Real Estate is a trade
DOJ
© 2008 by South-Western, Cengage Learning
Anti-Trust LawsAnti-Trust Laws
Price fixingTwo or more brokers
Pricing set by the firm
Violations occur without formal agreement or intent
© 2008 by South-Western, Cengage Learning
Anti-Trust LawsAnti-Trust Laws
BoycottingRefusing access to materials or information
MonopoliesEliminate competition
Tie-in Agreements2nd contract is required as condition for entering the 1st
© 2008 by South-Western, Cengage Learning
Anti-Trust LawsAnti-Trust Laws
Violation is a felony
PenaltiesIndividual: $350,000
& up to 3 years in prison
Corporation: $100,000,000
© 2008 by South-Western, Cengage Learning
Fair Business Practices ActFair Business Practices Act
Consumer protection law
Primarily covers advertising
Transaction must take place
Must impact more than one consumer
© 2008 by South-Western, Cengage Learning
Uniform Deceptive Trade Uniform Deceptive Trade Practices ActPractices Act
Deceptive statement or unfair practices
Easier to apply
Only one consumer
No actual transaction
© 2008 by South-Western, Cengage Learning
FBPA & UDTPAFBPA & UDTPA
PenaltiesFines up to $25,000
Injunction
Treble damages
Loss of license
Law suit
© 2008 by South-Western, Cengage Learning
TimesharesTimeshares
Use & possession divided
Vacation ownership
Fee ownership
Long term lease
© 2008 by South-Western, Cengage Learning
TimesharesTimeshares
Georgia Time-Share ActPublic offering statement
Trust funds in escrow
Licensed brokers
7 day right of rescission
FBPA
© 2008 by South-Western, Cengage Learning
TimesharesTimeshares
Exchange Programs Name & address of company
Voluntary, mandatory or projects affiliation with the program
Exchange procedure
Fees
© 2008 by South-Western, Cengage Learning
Key TermsKey Terms
Boycotting
BRRETA
CAM
Commercial Real Estate Broker Lien Act
Good faith estimate
HUD-1
Listing presentation
Monopoly
Price fixing
Property Owners’ Association Act
RESPA
Tie-in agreement
Time-Share Act