Since the inception of its waiver of anti-flipping rules, FHA cites the approximate value of 42,000 FHA mortgages arising from sales by
sellers holding properties less than 90 days at $ 7 billion.
Not exact matches
The equipment becomes the
property of the purchaser on delivery, but the
seller holds a mortgage claim against it until the amount specified in the contract is paid.
Ithaca Capital Partners, a real estate investment management company, is pleased to announce the execution of a binding agreement between a
holding company (the «Buyer») and Caribbean
Property Group (the «
Seller»), for the acquisition (the «Transaction») of a portfolio of Hotel assets (the «Portfolio»).
In this post we examine sales of single family homes in the District to see how long
sellers in the District
held on to their
property before selling and whether the gains realized by
sellers depend on how long they
held their
property.
Let's say, for example, that a long - lost relative of the
seller turns up with indisputable evidence that the relative - and not the
seller -
holds legal title to the
property.
Seller financing, in which the person selling the house creates and
holds the note on the
property, is one such strategy.
Each month that you
hold the
property with money going out to cover carrying costs and no money coming in you will gradually turn into the classic «motivated
seller» other buyers are looking to take advantage of.
Seller financing,
holding rentals (using a
property manager), private lending, etc. fall into this category.
Step 3: advance the proceeds
held for the exchange to purchase replacement
property from a third party
seller; and
Back in November, I posted about
Seller Property Information Statements («SPIS «-RRB- and a case in which a vendor was found to have misrepresented the answer to a question on the SPIS and was
held to be liable.
A firm of conveyancers has been
held liable by the High Court for a # 500,000
property fraud perpetrated by their client, in a landmark decision defining obligations owed by a
seller's solicitor to a purchaser.
My best bet is that this would be a good buy and
hold property for the are it's in but only if the
seller / wholesaler comes down on the price significantly.
If the defect is proved to have existed prior to selling the
property but the
seller didn't know about it (perhaps the defect didn't appear while the
seller owned the
property), then the
seller can't be
held liable, even innocently.
With those definitions and articles from the «Trading Act» how can a company that
holds itself out as being available to trade in real estate through offering «professional services», posting
properties for sale on websites and by providing helpful packages which include the «Offer Maker for the «private
seller» and that in the words of Dale «By partnering together, PropertyGuys.com and Realtysellers will be uniquely positioned to deliver the broadest range of professional services...» be exempt from governance by these laws?
• Deed: The county recorder's office will keep this original document, which details how you
hold title, the names of the
sellers giving you title and the
property's legal description.
A few months later, several meetings were
held between the
seller, an adjacent
property owner, the licensee, and a new purchaser.
Tired of seeing Realtor.ca listing
held by a Regina broker for
property on Vancouver Island and needing to call Regina to find out the
seller will not pay a buyers agent commission and in fact doesn't like Realtors (but sure likes the access to OUR Realtor.ca)
Contract for deed: A sales contract in which the buyer takes possession of the
property but the
seller holds title until the loan is paid.
Therefore, a Realtor
holding an open house may hopefully gain more than one sale due to winning over visitors as buyer clients whilst the subject
property may never sell during the contract period with the
seller.
There have more been somewhat more often complaints from other Realtors that
properties have been sold before they were able to bring their buyers in however I've always believed it may not in the best interests of a
seller to
hold off an offer today for a buyer that may appear tomorrow.
In the instance where the
seller of the
property currently has an outstanding bond, the bank
holding the bond would instruct a bond cancellation attorney to attend to its termination.
These are not typical flips or buy &
hold properties and will cost MUCHO to restore, so carefully evaluate you motives for even thinking of them and be sure you have a viable exit (one that works for your the
seller & the buyer) plan BEFORE you even make your offer.
Just because some / a small minority of open houses result in sales does not mean that
sellers should expect that their particular
properties will sell due to the
holding of open houses.
Re: part of your second paragraph to Alan, beginning with «To me, and to any reasonably lucid homeowner, it is obvious that the main purpose of such marketing...» (
holding open houses) ``... is to expose the
seller's
property to the buying public, which happens to be the same purpose for newspaper and internet advertising.»
P.S.: To Alan's query: Did you / do you disclose up front to open house
sellers that open houses are regularly used by Realtors to acquire buyer clients and that open house subject
properties are seldom sold via
holding open houses?
But in my experience, the vast majority of my
sellers typically ask ME if I plan to
hold them for their
property.
The trial judge came to the conclusion that the
sellers were not forthright but rather were dishonest in not disclosing defects on the
property and
held the
sellers liable.
He
held that «the obligation is to disclose possibilities of which the
sellers are aware if those possibilities are potentially dangerous or if they might render the
property unfit for habitation».
However, there are some stumbling blocks that are
holding up the listing of available
property stock, the biggest being resistance from
sellers when it comes to providing the required Financial Intelligence Centre Act (FICA) documentation before a
property can be listed on the market.
A South Carolina court ruled that a buyer who learned from an inspection report that there were signs of water damage on the
property can't later
hold a broker or
seller liable for failing to disclose those problems.
The Buyer acknowledges that it is his responsibility to do his own due diligence regarding any anomalies that may be associated with the subject
property, such as but not limited to: the location of half - way houses, group homes, child molesters, grow houses, sewage treatment plants, plans for highway expansions, road widenings, locations of fire hydrants, proposed plazas or other retail
property, proposed dump sites and such other issues that may impact future value (s) of the subject
property, beside, behind, in the foreground of, or in any position that may impact value (s), including but not limited to: any change or increase in taxes due to Current Market Value Assessment alterations or changes of any sort, brought about by such situations that may affect the subject
property now or in the future, and the Buyer acknowledges that said situations are totally outside the control of the Realtor (s) involved in the transaction, and the Buyer agrees to
hold harmless Carolyne Realty Corp. its owners, directors and staff regarding any such findings, and in particular if they have not been disclosed by the
Seller or the Listing Agent / Company.
I bet that neither Mr. Robbins here, nor those who will take his advice, will ever during a listing presentation, let the
seller know that the Realtor's purpose behind the open house they're offering to
hold is to bring in more
sellers for the Realtor and it is not to market their
property.
Although the time - honoured saying «buyer beware»» still
holds, in law the
seller has a legal obligation to disclose what are considered «latent» defects in the
property that are related to certain physical conditions or amenities.
I'm not sure I can get the
seller to
hold a note as the
property is bank - owned and I am giving a very low offer.
What they are essentially saying to the
seller is that they are going to buy their
property for 875k, but if the
seller is willing to
hold that note for 875k (or maybe less depending on if they also give the
seller cash as a downpayment which could sweeten the deal) then with the interest paid over the term, they will effectively be netting a higher profit than 875k on the
property because they also made money from the interest on loaning the money.
One clue might be that the
seller is the financial institution that
holds the mortgage on the
property.
Regarding agency by receipt of commission, the court
held that such receipt did not turn Zoda from purchaser into «selling agent» of the house, as she was not under control of the
seller, could not have sold
property to anyone else, and did no more than any other purchaser of a home.
The Massachusetts Appellate Court
held that a buyer was entitled to rescission of a purchase contract where the defendant /
seller disclosed certain soil contamination on the
property but did not disclose groundwater contamination.
A buyer who learned from an inspection report that there were signs of water damage on the
property can't later
hold a broker or
seller liable for failing to disclose those problems, ruled a South Carolina court.
A 1996 Kansas case had a very favorable outcome for real estate practitioners,
holding that they «may protect themselves from negligent misrepresentation actions by disclaiming knowledge of the
property's defects and having a
seller acknowledge such disclaimer.»
Smitha warns that American buyers who fails to withhold 10 percent from the purchase price of foreign - owned
properties to remit to the Internal Revenue Service may be
held liable for a U.S. tax that foreign
sellers are supposed to pay.
If there is a subsequent sale of the
property and the licensee, who is the principal shareholder of ABC Mortgage Corporation which
holds the mortgage registered against the
property, is not providing trading services to the
seller and buyer of the
property and has no knowledge of the sale, that licensee would not be required to make disclosure in accordance with section 5 - 9 of the Rules.
Between speaking engagements and mentoring other investors, Larry oversees the daily operations of his investing business that wholesales
properties,
seller finances
properties and
holds properties for investment.
Anderson, South Carolina: Bernie Bastian and John Powell, CCIM of NAI Earle Furman represented the
seller, 3B & V Properties, LLC, in the sale of a 7,000 SF retail
property located at 134 North Main Street to Rogue
Holdings, LLC.
The same licensee would also be required to disclose the potential conflict of interest as required by section 3 - 3 (1)(j) of the Rules if the licensee was representing the buyer or
seller or both and was at the same time
holding a mortgage against the
property either personally or through a corporation.
A Warranty Deed is where the grantor (
seller) guarantees that he or she
holds clear title to a
property and has the right to sell the
property.
When you sell real estate or personal
property that will be part of a 1031 exchange and you carry back an installment note (
seller carry back financing) to facilitate the sale of the asset, the installment note must also be included as part of the tax - deferred exchange account
held by the Qualified Intermediary in order to defer all of your income tax liabilities.
This means that the
seller's mortgage remains in place but the investor actually
holds the deed to the
property.
2d 651)
holding that no cause of action exists under the
Property Condition Disclosure Act; court finds buyer entitled to $ 500.00 credit under RPL § 465 (1) where
seller delivered an incomplete
Property Condition Disclosure Statement;
seller failed to perform the duty to deliver a Disclosure Statement pursuant to the PCDA when the statement was incomplete; cause of action exists under RPL § 462 (2) for willful failure to perform the requirements of the PCDA where (i) a deliberate misstatement or misstatements in a fully completed and timely delivered PCDS regarding the defective condition complained of (ii) that would tend to assure a reasonably prudent buyer that no such condition existed, and (iii) which a professional inspector might not discover upon an inspection of the premises that would meet generally accepted standards in the trade; definition of «willful failure to perform» acknowledges legislative intent not to alter the respective burdens of the buyer and
seller in the transactions; statutory cause of action replaces buyer's burden of having to plead and prove the
seller's active physical concealment of the condition with proof that the misstatement about the condition on the PCDS was deliberate
THIRD PARTY DISPUTES (
SELLER»S DUTY TO DEFEND): In the event of an arbitration claim or lawsuit arising out of alleged actions or omissions of Seller against or in any way involving Broker that seeks payment of a commission or money damages in connection with the sale or attempted sale of the Property, Seller agrees to indemnify, defend, and hold Broker harmless from, and provide a full defense and aid to Broker with respect to any such claim or lawsuit («Duty to Defend&ra
SELLER»S DUTY TO DEFEND): In the event of an arbitration claim or lawsuit arising out of alleged actions or omissions of
Seller against or in any way involving Broker that seeks payment of a commission or money damages in connection with the sale or attempted sale of the Property, Seller agrees to indemnify, defend, and hold Broker harmless from, and provide a full defense and aid to Broker with respect to any such claim or lawsuit («Duty to Defend&ra
Seller against or in any way involving Broker that seeks payment of a commission or money damages in connection with the sale or attempted sale of the
Property,
Seller agrees to indemnify, defend, and hold Broker harmless from, and provide a full defense and aid to Broker with respect to any such claim or lawsuit («Duty to Defend&ra
Seller agrees to indemnify, defend, and
hold Broker harmless from, and provide a full defense and aid to Broker with respect to any such claim or lawsuit («Duty to Defend»).