It lets the seller know what has to happen in order to deliver to the buyer marketable title, which is a requirement under most standard residential real estate contracts (see the «Title Evidence» section
of your real estate contract which is usually the first paragraph under the part of the contract called the «Standards For Real Estate Transactions»).
Not exact matches
People will own and trade small digital slices
of everything from
real estate, to cars, to houses, to patents, to stocks, to artwork — many
of which may programmatically pay out dividends via software - defined «smart»
contracts.
Pending home sales in March,
which measure signed
contracts, not closings, fell more than expected, with
real estate agents blaming a severe lack
of listings, especially in more affordable price ranges.
ShelterZoom will enable people to make and accept offers on
real estate via the use
of smart
contracts,
which will eliminate the tediousness
of paperwork and improve the transparency
of buying and selling.
Examples
of these risks, uncertainties and other factors include, but are not limited to the impact
of: adverse general economic and related factors, such as fluctuating or increasing levels
of unemployment, underemployment and the volatility
of fuel prices, declines in the securities and
real estate markets, and perceptions
of these conditions that decrease the level
of disposable income
of consumers or consumer confidence; adverse events impacting the security
of travel, such as terrorist acts, armed conflict and threats thereof, acts
of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets; breaches in data security or other disturbances to our information technology and other networks; the spread
of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment
of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount
of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion
of our assets pledged as collateral under our existing debt agreements and the ability
of our creditors to accelerate the repayment
of our indebtedness; volatility and disruptions in the global credit and financial markets,
which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance
contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss
of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price
of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times
of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements for crew members and other employee relation issues; the continued availability
of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in
which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings by the Company with the Securities and Exchange Commission.
One
of the defined ways in
which a marriage
contract can be solemnized in New York is by «written
contract» witnessed and acknowledged before a judge «in the manner required for the acknowledgment
of a conveyance
of real estate.»
NYPIRG has a breakdown
of GOP gubernatorial nominee Carl Paladino's campaign contributions,
which his Democratic opponent, Andrew Cuomo, has cast as pay - to - play donations that helped land the Buffalo businessman lucrative state
real estate contracts.
The indictment accused Skelos
of wielding his considerable political influence as the Senate's top member to benefit environmental technology company AbTech,
which landed a $ 12 million
contract for a stormwater - remediation system in Skelos» home base
of Nassau County, and Glenwood Management, a prominent New York
real estate development company with ties to AbTech.
She is accused
of demanding an interest in a major
real estate development in her village in exchange for giving the
contract for the project to a particular
real estate company,
which was actually run by an undercover FBI agent.
Empire State Development had been providing much
of SUNY Poly's funding for economic development projects, but it was the college's nonprofit
real estate arms —
which are not subject to the same checks and balances as state agencies — that negotiated
contracts and paid vendors.
«In fact, there may be diseconomies
of scale for larger public pension plans because
of the complexity
of implementing their investment strategies,
which include
contracting out for external experts — a practice that has become increasingly popular, with plans investing more in non-traditional assets such as
real estate, infrastructure, and private equity,» said the report.
Here's what I've learned: A) when the deposition includes a buyer or seller vs. a Realtor, from day one, the Realtor is usually already way behind in the eyes
of the court, B) even if «Mother Theresa» wrote the
real estate contract, a good attorney for the plaintiff can generally tear it and her to bits... and that usually comes from the buyer or seller saying, «I don't remember «that» (whatever «that» is) being explained to me»...
which brings us to «short sales» and all that go with them and what will surely follow.
Once a property is selected, a
real estate attorney will negotiate and draft your
contract of sale,
which should ensure your interests are protected and that you fully understand any inherent risks in the transaction.
Exclusive Right - to - Sell
Contract A listing contract in which the seller gives the real estate broker the sole right to sell; the person receives a commission, regardless of who produces th
Contract A listing
contract in which the seller gives the real estate broker the sole right to sell; the person receives a commission, regardless of who produces th
contract in
which the seller gives the
real estate broker the sole right to sell; the person receives a commission, regardless
of who produces the buyer.
In New South Wales all
contracts for
real estate must be in writing and there is no
contract until they have been exchanged, that is signed by both parties although typically each party signs a different copy
of the
contract which is then exchanged.
Or what if you said that your 15 years
of experience allows you to recognize
which elements
of a
real estate contract are most negotiable, and
which lawyers know their stuff?
An association,
which regrouped several syndicates
of co-owners, concluded a property management
contract with a
real -
estate professional.
Connected with the right people: being an established firm in Northampton we have strong relationships with other professionals including financiers, bankers, accountants, surveyors and agents
which means that we can connect quickly with the right people at the right level
of experience to develop the best deals and agreements needed to help businesses flourish, whether that is
real estate deals, commercial
contracts, corporate deals, intellectual property rights, trade marks, disputes or personal legal matters.
You can buy permanent life insurance (
which combines elements
of insurance and savings into one
contract), you can buy term insurance (
which is pure death benefit protection) and use some other financial product to help you accumulate savings (e.g. mutual funds inside a 401 (k)-RRB-, or you can buy permanent insurance and also buy other financial products, like stocks, mutual funds,
real estate or anything else you think would make you money.
People will own and trade small digital slices
of everything from
real estate, to cars, to houses, to patents, to stocks, to artwork — many
of which may programmatically pay out dividends via software - defined «smart»
contracts.
It works on developing «a cross-industry open standard for distributed ledgers»
which would prompt the use
of blockchain in many areas, including manufacturing, banking, insurance,
real estate contracts, energy trades, marriage licenses and the Internet
of Things.
KEY ACHIEVEMENTS • Singlehandedly created a directory
of 3000 possible leads for timeshare selling, 70 %
of which materialized into business giving clients • Minimized rescission decisions by effectively monitoring
contract processing procedures • Successfully developed and gave a presentation on all possible timeshare opportunities within the state at the National
Real Estate Conference in 2015 • First person to create a sales gallery and model (virtual) tour
of available timeshare properties within the State
of Vermont
So in 2008, I approached the state
of Michigan and received approval to teach an «Alternate Financing Boot Camp» to
real estate agents for continuing education credits through The Real Estate Education Professionals of Michigan Inc., which is sponsored by Land Contract One LLC, a company I cofounded in 2008 to teach real estate professionals about temporary seller - created financ
real estate agents for continuing education credits through The Real Estate Education Professionals of Michigan Inc., which is sponsored by Land Contract One LLC, a company I cofounded in 2008 to teach real estate professionals about temporary seller - created fina
estate agents for continuing education credits through The
Real Estate Education Professionals of Michigan Inc., which is sponsored by Land Contract One LLC, a company I cofounded in 2008 to teach real estate professionals about temporary seller - created financ
Real Estate Education Professionals of Michigan Inc., which is sponsored by Land Contract One LLC, a company I cofounded in 2008 to teach real estate professionals about temporary seller - created fina
Estate Education Professionals
of Michigan Inc.,
which is sponsored by Land
Contract One LLC, a company I cofounded in 2008 to teach
real estate professionals about temporary seller - created financ
real estate professionals about temporary seller - created fina
estate professionals about temporary seller - created financing.
In its most advanced form,
real estate e-commerce is a Web - based transaction in
which all aspects
of a sale, from the signing
of the
contract to the ordering and posting
of the appraisal to the processing
of the mortgage, are managed online, most likely over a password - protected Web site.
The straightforward and outspoken fashion in
which she expressed her concerns about how to complete brokerage
contracts at a meeting
of the provincial
real estate association, OACIQ, attracted the attention
of a director
of a Royal LePage corporate office.
Prior to her
real estate career, she held executive - level positions in banking,
which has given her the business acumen,
contract negotiation, and finance skills needed to advise her clients through every step
of any
real estate transaction.
Are you prepared to take the stand and testify that (a) you intended to take title to the property
which you agreed to purchase, (b) you did not intend to use that
contract as a tool for facilitating a sale
of real estate of another with the intent
of receiving a commission or fee, (c) your intent in dealing with the seller was not to facilitate the sale
of his
real estate to another, (d) your intent with dealing with the buyer was not to facilitate the sale
of the
real estate of another to the buyer, (e) that the sale
of real estate would have occurred regardless
of your
contract assignment, (f) that you performed your obligations pursuant to the
real estate contract before you assigned it, creating ascertainable rights
of ownership, (g) that you did not receive a commission or fee for assigning that
contract, (h) that the subject matter
of the
contract was not
real estate, (i) that the assignment
of your purchase
contract did not facilitate a sale
of real estate you did not own for a fee that you collected?
In 1997, the Property Manager received a five - year
contract extension from the President
which contained similar terms but now stated that the Property Manager would receive a 10 % commission from all sales
of the Company's Florida
real estate holdings.
All
contracts, options, or other devices not based upon a substantial consideration, or that are otherwise employed to permit an unlicensed person to sell, lease, or let
real estate, the beneficial title to
which has not, in good faith, passed to such party for a substantial consideration, are hereby declared void and ineffective in all cases, suits, or proceedings had or taken under this chapter; however, this section shall not apply to irrevocable gifts, to unconditional
contracts to purchase, or to options based upon a substantial consideration actually paid and not subject to any agreements to return or right
of return reserved.»
Consumers should inquire about the cost
of title insurance before signing a
real estate contract which provide that they pay for title charges.
The brokerage / team
contract must state the team name, that the team members agree to work together on the team as one designated agent and identify
which team members can sign a
real estate service agreement (i.e. SDBA) on behalf
of all other members on the team.
Buck v. Cimino (243 A.D. 2d 681)- broker is procuring cause
of sale where broker set in motion the chain
of circumstances
which proximately led to the sale; not necessary for broker to have been involved in the negotiations
of sale where lack
of involvement is attributable to buyer, a licensed
real estate broker, who used her knowledge as a broker to affirmatively mislead broker into believing she lacked any interest in the property; broker is proximate link where broker introduced buyer to the property, brought buyer to the property, the buyer and seller engaged in minimal negotiations and the
contract of sale was executed soon after broker's introduction
of buyer to the property (approx. 10 days).
Coldwell Banker Village Green Realty v. Pillsworth (32 A.D. 3rd 568 [3rd Dept.]-RRB-- Order
of the Supreme Court granting broker's motion for summary judgment affirmed; in the absence
of an agreement to the contrary, the broker's right to a commission is not contingent upon performance
of the underlying
real estate contract, receipt by the seller
of the sale price, transfer
of title, or even a formal execution
of a legally enforceable sales
contract; seller could not utilize the provisions
of a subsequently executed sales
contract wherein seller agreed to pay broker's commission «if and when title closes» as a bootstrap to avoid her obligation to the broker under the clear and unambiguous provisions
of the listing agreement as such language was contained in the
contract of sale prepared by counsel and to
which broker was not a party; provisions in listing agreement that seller would accept a binder or purchase
contract contingent upon purchaser's ability to obtain conventional financing and provided any other contingencies in the binder or purchase agreement are acceptable to the seller speak only to the type
of purchase offer that seller was obligated to accept and does not alter or otherwise qualify broker's right to a commission
Schuckman Realty, Inc. v. Cosentino (294 A.D. 2d 484)-- broker fails to establish tortious interference with
contract where defendant submitted sufficient proof by affidavit
of its director
of real estate which averred that it did not intentionally seek the procurement
of the breach
of contract and where broker failed to present sufficient evidence to raise triable issues
of fact
Brokerage agreements are legal
contracts between a
real estate brokerage and their clients
which outline the roles and responsibilities
of both parties, including the services owed, obligations, the duration
of the working relationship, the use and distribution
of the clients» information, and how much the brokerage will be compensated for their work.
Kling
Real Estate, Ltd. v. DePalma (306 A.D. 2d 445)- summary judgment motion dismissing broker's complaint affirmed; broker's suit for commission based upon two binder agreements fails where unilateral modification
of the proposed
contracts of sale by the prospective purchasers constituted a counter offer
which the seller rejected; no cause
of action exists for commission against buyer in second transaction where sellers agreed to pay the brokerage commission
Corp. (184 A.D. 2d 763) verdict for balance
of real estate commission affirmed, where broker procured 10 year lease pursuant to oral
contract which was made after expiration
of 1 year written exclusive agency agreement.
Using or promoting the use
of any
real estate listing agreement form,
real estate sales
contract form, or offer to purchase
real estate form
which fails to specify a definite termination date;
Williams
Real Estate Co., Inc. v. 130 William LLC (284 A.D. 2d 261)- broker prevails in obtaining commission award in the absence
of a definite agreement or
contract with landlord upon the basis
of quantum meruit; broker's recovery was properly reduced in light
of representations made by broker as to the air conditioning requirements
of the prospective tenants,
which representations were in material respects inaccurate and damaging to landlord
Listing
Contract An agreement whereby an owner engages a
real estate company for a specified period
of time to sell a property, for
which, upon the sale, the agent receives a commission.
Here's what I've learned: A) when the deposition includes a buyer or seller vs. a Realtor, from day one, the Realtor is usually already way behind in the eyes
of the court, B) even if «Mother Theresa» wrote the
real estate contract, a good attorney for the plaintiff can generally tear it and her to bits... and that usually comes from the buyer or seller saying, «I don't remember «that» (whatever «that» is) being explained to me»...
which brings us to «short sales» and all that go with them and what will surely follow.
79 DOS 99 Matter
of DOS v. Pagano - disclosure
of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice
of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof
of proper service; DOS has jurisdiction after expiration
of respondents» licenses as acts
of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for
which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions
of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half
of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part
of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice
of law in preparing
contracts for purchase and sale
of real estate which did not contain a clause making it subject to the approval
of the parties» attorneys and were not a form recommended by a joint bar /
real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales
contract which purported to change the terms
of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using
contracts of sale
which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit
of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope
of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof
of payment
of sum
of $ 2,000.00 plus interests for deposits unlawfully retained
In light
of the impending end
of the
contract between
real estate website Zillow and ListHub, a leading syndicator
of online listing data, Move Inc., operator
of realtor.com ®,
which owns the syndication business, detailed the terms that ListHub proposed to Zillow before the third - party portal announced in January that it would halt negotiations with ListHub.
As an independent I could share several stories about relocation: one
of which was when Nortel was alive and actively relocating employees all over the world, I was blessed with many Nortel
contracts; even so, Nortel was under
contract with a major national
real estate organization.
Choosing a
real estate professional you're comfortable with is an important piece
of the puzzle when it comes to putting your home on the market, but anyone going through the buying or selling process needs to be aware
of the different types
of listing
contracts available — and
which suits them best.
I made an appointment with a
real estate attorney to discuss legistics and develop a tailored
contract,
which I got the referral from the 1st meeting
of the REIA I just joined and plan to interview a title company or 2 tomorrow and then I should almost be ready to start handling leads and solidifying deals, right after I meet with the REIA for lunch tmrw and build my buyers list:).
Last Update: 02/24/16 Florida
real estate contracts have lots
of paragraphs and provisions — what many consider to be boilerplate language —
which are seen in purchase
contract after purchase
contract related to buying or selling
of Florida
real estate.
The
Real Estate Council has developed the following lists
of additional activities
which may and may not be performed by an unlicensed person employed or
contracted by a brokerage licensed to provide strata management services.
The «standard form»
Contract of Purchase and Sale (the «CPS») 1 available for the use
of real estate board members in relation to common residential trades contains pre-printed wording
which identifies a wide variety
of acceptable forms
of deposit.
A copy
of the May 2013 Legally Speaking published by the British Columbia
Real Estate Association,
which analyzes this decision and identifies the changes to the «standard»
contract, can be found online here.