Mucci v. Munsey Park Assoc. (231 A.D. 2d 501)- broker not entitled to commission; commission agreement provided that broker would only be entitled to a commission in the event that buyer exercised an option to
purchase subject property and take title thereto; buyer neither exercised said option nor acquired title to the property; unavailing that purchaser had the same principals; broker's claim for recovery in quasi-contract fails where there is a valid and enforceable written contract governing the particular subject matter.
Ms. Balint's conduct included accepting phone calls inquiring about the subject property and directing or assisting in the procuring of a prospective buyer to
purchase the subject property.
And that is to meet, greet and connect with prospective buyers who may or may not be interested in or even qualify to
purchase the subject property.
Based on my assessment of these items, [Client Name] has been approved for a [Type of Home Loan] to
purchase the subject property at the offer price of [$ $ $, 000] and terms listed in the purchase contract.
If funds were borrowed to
purchase subject property, those funds must be repaid and reflected on the HUD - 1 Settlement Statement for the refinance transaction.
The executed HUD - 1 Settlement Statement from the purchase transaction must evidence that no financing secured by the subject property was used to
purchase the subject property.
VERISTONE DEALSHEETLOAN AMOUNT: $ 139,000 FINAL SALES PRICE: $ 249,900 LOAN DATE: November 2012 to May 2013LOCATION: Fircrest, Pierce County - ResidentialLOAN TYPE: Fix & Flip Loan, 6 Month Term DETAILS: The borrower
purchased the subject property in November 2012 for $ 139,000.
Not exact matches
For non - EU / EEA buyers
property purchases are
subject to the approval of the Land Transfer Commission.
Jason specializes in
purchasing properties «
subject - to» and has
purchased millions of dollars worth of
property using none of his own cash or credit.
Currently portfolio
purchases by
property funds are
subject to stamp duty at 4 percent where the aggregate value is over # 500,000, even if the values of the individual
properties are below this # 500,000 threshold.
According to Dinani and other realtors, any
purchase of a Metro Vancouver
property by a foreign national (excluding the treaty lands of the Tsawwassen First Nation) that closes on or after August 2, 2016, will be
subject to the tax.
That's because any land or
property that is not considered your primary residence is
subject to capital gains tax in Canada (and it doesn't matter where you decide to
purchase / build your next vacation
property).
The new mortgage loan amount can not exceed the actual documented amount of the borrower's initial investment in the
purchase of the
property plus all closing costs,
subject to maximum LTV restrictions.
Lenders consider all of the following situations to be a transfer of ownership: the
purchase of a
property «
subject to» the mortgage, the assumption of the mortgage debt by the
property purchaser, and any exchange of possession of the
property under a land sales contract or any other land trust device.
Conditional Offer: An offer to
purchase property that is
subject to specified conditions, for example, the arrangement of a mortgage.
«Surprisingly, we're having more sales via the web where people actually turn in a
purchase contract
subject to an in - person inspection within 10 days,» Wood said, adding it's important to see the
property in person at some point before the deal closes.
>> Tip: If you're selling a
property within a year of
purchase, you'll be
subject to a higher tax rate than if you hold the
property for over a year.
can claim GST credits on your
purchases that relate to selling the
property (
subject to the normal rules on GST credits)-- such as the GST included in a real estate agent's fees.
When
purchasing real estate in Vancouver or its surrounding suburbs, foreign nationals are
subject to the same
property tax and
property transfer tax as Canadians.
Equity, for sure, a
property with a good interest rate in case we wan na assume the mortgage or
purchase it
subject to the existing mortgage, that type of thing.
The client has used a BC realtor to make an offer to
purchase with
subjects on a residential
property in BC.
The relationship between the condominium corporation and condominium owners is created when a person
purchases property subject to the management by such a corporation.
In the Autumn Statement last month, the Government proposed that
purchases of additional residential
properties in England, Wales and Northern Ireland should be
subject to an extra 3 % Stamp Duty Land Tax (SDLT) on top of the standard SDLT rates.
Other work included assisting Enfield Council with the
purchase of multiple
properties subject to compulsory
purchase orders, and advising Newham Council on replenishing its housing stocks.
The precise terms of this arrangement, for example whether the
property is held on trust, whether the occupying parent will contribute financially to the
purchase or running costs of the
property, whether the
property will become the children's rather than reverting to the paying parent, can be the
subject of negotiation or order by the court.
The sister sold her home, and some of those sale proceeds went to pay for the entire
purchase price of the
subject property.
Theadora had
purchased the
property that was the
subject of the appeal (the «Flos Road
property»), but the sale had not yet closed when she made her new will.
For uninsured motorist
property damage coverage, the limits
purchased by the named insured shall be
subject, for each insured, to an exclusion of the first one hundred dollars ($ 100.00) of such damages.
According to a tax guidance memorandum from the agency's Taxpayer Guidance Division dated 5th December (hat tip Marco Santori), digital currencies are a type of «intangible
property» and, as such, are not
subject to a sales tax when
purchased.
The only time inheritance may be
subject to division is when a couple decides to divorce or if inheritance funds were shared or used to
purchase marital
property during the marriage.
If the
property was
purchased with marital assets during the marriage, the
property will likely be considered part of the marital estate and
subject to division, regardless of whose name is on the title.
Since
property tax and title transfer laws are set by states, a couple who get married in Illinois but
purchase property in Florida will be
subject to Florida's tax laws, since that state doesn't recognize same - sex marriages.
(Peterborough, Ontario region), that they had their eyes on a
property listed at $ 242,900, and that over a period of a week, I negotiated a
purchase for them on that particular
subject property for $ 193,000.
The
property was listed at $ 689,000 and the after some serious negotiations, a Contract of
Purchase and Sale was signed by the parties for $ 675,000 —
subject to the purchasers being able to get a first mortgage of $ 325,000, and
subject to a satisfactory final inspection to be carried out by the purchasers and / or their agents.
The Brokerage would receive a specified commission if the Buyer
purchased a
property which was not otherwise listed for sale by the sellers, and specifically identified the Hazelton dairy farm as being
subject to the terms of the agreement.
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?
The Buyer filed a lawsuit seeking performance of the
purchase contract as well as filing a notice of lis pendens against the
property (this provides notice to potential purchasers that the
property is
subject to litigation).
You will be
subject to recapture on depreciation which is why I recommend at least
purchasing a replacement
property although your depreciation is very minimal.
Some «coming soon» advertisements involve unlisted
properties which may or will be listed with a broker in the near future, while others relate to
properties that are
subject to listing agreements where
property is available to potential purchasers only through the listing broker and not available, temporarily or indefinitely, for showing or
purchase through other MLS participants.
Teruya also entered into an agreement with Times to
purchase two parcels of
property from Times, with that agreement stating that «
purchase will be
subject to a 1031 four party exchange».
We thoroughly inspect all major components of the
subject property to expose unknown defects and advise you about future maintenance about your home once the
purchase is complete.
Although not a professional fee incurred during the
purchase of a residential
property, a buyer needs to bear in mind that homeowner association fees are also
subject to VAT.
If you are
purchasing a home, the
subject property is the address of the home you are buying.
As the close date for the sale of your
subject property gets closer (~ 2 weeks) and especially if it's a slam - dunk transaction (i.e., the buyer is bringing cash to close / no financing), you might want to take the risk and execute those
purchase and sale contracts sooner.
Helmsley - Spear, Inc. v. Kupferschmid (301 A.D. 2d 442)-- no commission was due where sale of the
subject property and broker's commission were contingent upon the satisfaction of the condition which went unsatisfied through no fault of the seller; broker failed to produce a buyer ready, willing and able to
purchase the
property on terms acceptable to the seller where the «marked - up» contract returned to seller by the buyer's lawyer constituted a counteroffer which seller did not, and was not in good faith obligated to, accept.
Steven G. Walther, Inc. v. Taranto (16 A.D. 3d 1076) buyers procured by broker remained ready willing and able to complete the
purchase pursuant to the terms of the
purchase contract thereby entitling broker to its commission where
purchase and sale contract addendum made the offer contingent upon the sale of buyer's existing residence; pursuant to the addendum, seller received another
purchase offer, he was entitled, upon notice to the buyers, to accept the offer and cancel the contract with the buyers unless they removed the sale and transfer of title contingency within three days after receiving such notice; buyers could remove the contingency by demonstrating in writing that they had accepted a mortgage loan commitment which does not require the sale and transfer of title of their
property as a condition of the mortgage loan funding; buyer complied with such requirement, even though mortgage loan commitment was
subject to additional conditions not prohibited by the contract; judgment for broker.
Lynn Pineda: Excellent way in which to describe a true comparable home, in that, if the
subject property wasn't available for sale, would a Buyer consider
purchasing one of the comparable homes as a replacement.
Would a buyer consider
purchasing the «comp» if the
subject property was not available?
In other words, if the
subject property was not available for sale, would a buyer consider
purchasing one of the comps as a replacement?
Buying
properties «
subject to» the existing financing has the potential for being a low - risk method for
purchasing properties, while achieving high returns, from motivated sellers.