Sentences with phrase «sellers of real estate contracts»

The requirements are intended to protect sellers of real estate, not sellers of real estate contracts.

Not exact matches

Remember that everything in a real estate transaction is negotiable, so you and the seller can always discuss increasing the amount of your deposit as part of the contract.

LISTING AGENT: Advise seller, in writing, to seek advice from a real estate lawyer and / or a litigating lawyer who understands real estate contract law (before submitting the listing to MLS); not all are experts in all areas of law (many real estate lawyers do not do litigation and have to refer their file), immediately, if seller is deciding not to follow his listing agent's (magic word) «written» advice.

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.

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 thContract 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 thcontract 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.

Listing Agent: A real estate professional who has a contract with the seller of a house to advertise the property for sale and represent the seller when offers are made.

Real estate purchase contract: Also known as an agreement of sale, a legally binding agreement between buyer and seller stipulating the terms and conditions of the sale of a real estate propeReal estate purchase contract: Also known as an agreement of sale, a legally binding agreement between buyer and seller stipulating the terms and conditions of the sale of a real estate propereal estate property.

The purchase and sale contract or an affidavit stating its material terms and stating that it is still effective, or both, could be recorded in the real estate records of the county where the property was located prior to closing, but it would be highly usual to do so absent a clear indication that a breach was imminent (because it is very rare for this to happen since the consequences are clear and it is so often an open and shut case) but it could come up if the seller believes that a condition under the original contract was breached and the buyer disagreed.

The most basic way of transferring ownership is through a Bill of Sale, a legal document that represents the contract between the buyer and the seller stipulating an exchange of property (real estate) for currency.

His experience includes representing providers and purchasers of construction services and materials in matters involving construction defects, contracts, and liens; representing buyers, sellers, owners, lessors, and tenants of real estate in land and lease disputes; representing owners, directors, officers, and employees in business and employment disputes; and representing individuals and entities in a broad array of other litigation matters.

Deal with Buyers and Sellers, one on one, in a professional manner.SUPPORT STAFF To the Chairman of the Board, Account Executives and the Customer Service Department.ADMINISTRATOR of CONTRACT PROCESSING CHANNELRECEPTIONIST / SWITCHBOARD OPERATOREducationGraduated High SchoolReceived Real Estate LicenseReceived Real Estate License

Responsible for facilitating the hold and transfer of funds for buyers, sellers and lenders, including reviewing real estate contracts, loan applications and deeds - as well as assisting buyers secure real estate financing.

Quebec brokers are now able to electronically sign mandatory and recommended real estate transaction forms offered through OACIQ, including among others, the promise to purchase, the brokerage contract, the declarations by the seller of the immovable form and the notice of disclosure documents.

My goals are to first get a job, and once I have some money to work with, use it to start marketing once I find a source of motivated sellers, and to find a real estate attorney I can see for free or cheap about creating legally sound purchase agreement and assignment contracts that work for me.

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 financreal 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 finaestate 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 financReal 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 finaEstate 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 financreal estate professionals about temporary seller - created finaestate professionals about temporary seller - created financing.

The seller's estate sued the real estate licensees who acted on seller's behalf in the sale of his property for breach of contract and breach of fiduciary duty.

I spoke with a real estate attorney regarding the matter and was informed of the Home Equity Sales Act (in California) and that additional contracts are required that disclose your sellers right to cancel the contract (within 5 days I believe).

a) The governing contract between a seller and real estate broker for the payment of commission is the Listing Ccontract between a seller and real estate broker for the payment of commission is the Listing ContractContract.

The Globe stories alleged real estate agents and speculators are making millions of dollars in extra fees and profits by assigning contracts before closing, for prices that are higher than what the original seller receives in the end.

As of May 16, the government requires contracts prepared by real estate licensees to include clauses stating that the contract can not be assigned without the written consent of the seller, and that any profit from an assignment goes to the initial seller.

Nearly 30 years ago when I started my real estate sales career, the purchase contract was almost (but not quite) one page long; there were few, if any, seller disclosures; financing was your choice of fixed, fixed, or fixed rate; and radon was something you sprayed on ants in the kitchen before final inspection.

What ethical, honest and knowledgeable real estate listing sales person or brokerage would not have been already using a clause of this nature in their own sellers contracts for decades in BC?

He then claimed to have asked the Real Estate Council of B.C. about disclosure and indicated their response implied «that it's only the «EXTRA» income beyond our contracted fee with our seller that we must declare — not as you just put it in your article, and what we were first led to believe, that all fees are to be declared to everyone.

For example, when high interest rates in the 1980s put real estate in a slump, we persuaded sellers to offer land contracts or other forms of seller financing that would help buyers who couldn't handle the 18 - plus percent interest rates.

LISTING AGENT: Advise seller, in writing, to seek advice from a real estate lawyer and / or a litigating lawyer who understands real estate contract law (before submitting the listing to MLS); not all are experts in all areas of law (many real estate lawyers do not do litigation and have to refer their file), immediately, if seller is deciding not to follow his listing agent's (magic word) «written» advice.

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?

Real estate licensee Tanja Adams («Adams») of Realty Executives («Brokerage») had an oral $ 130,000 listing contract for a property owned by Big Z Properties, LLC («Seller»).

An unrecorded deed or a fully performed real estate contract would serve the purpose as well, but good luck getting any one of those from your seller.

The seller's real estate agent testified to her business practices of «always» providing the disclosure statement before a contract to purchase was signed.

In 1981 the Court of Appeals of Ohio addressed whether the drafting of a real estate sales contract by a broker constituted the unauthorized practice of law, thus voiding a contract and relieving the seller from paying a commission.

The buyers sued the sellers and the real estate licensees who represented them, alleging fraud and breach of contract because the sellers had known about the possibility of a sewer assessment.

The Supreme Court of Rhode Island has decided whether a purchaser can bring a lawsuit against a seller of real estate and its representatives when the purchaser discovers, following the closing, that a purchase contract contingency could not be met.

Ask yourself when the last time was that a buyer or seller inquired about the type of real estate license you carried before submitting an offer or signing a listing contract.

A walkthrough of the home Before the closing, your real estate agent and possibly the sellers and their agent, will walk through the property to ensure the condition is as it should be and as specified in the contract.

A California statute states that a real estate professional who has entered into a contract with a seller to locate a buyer has a duty to disclose all facts «materially affecting the value or desirability» of the property to the buyer that an investigation of the property would reveal.

The British Columbia Real Estate Association standard form Multiple Listing Contract contains the limitations that permit licensees to conduct business with multiple sellers and buyers concurrently without being in breach of their duties to their clients.

Time was, when both listing and selling real estate Agents primarily represented the interests of the owners of property because the Listing contract was the only binding document and it was signed by the Seller!

Whether you are the buyer or the seller in a seller leaseback, it is recommended that you safeguard your rights by stipulating the terms and conditions of the rental agreement in a residential real estate contract.

The «standard form» Exclusive Buyer's Agency Contract available through real estate boards states in clause 4B that «Prior to the Buyer making an offer to purchase a property, the Buyer's Brokerage will advise the Buyer of the total amount of remuneration offered by the seller and the listing brokerage to be paid to the Buyer's Brokerage for assisting in obtaining a buyer for that property.»

on If a real estate contract makes time of the essence, is it necessary for the seller to give the buyer an opportunity to close after the closing date has passed?

According to the case law as of the date of this article, a provision in a real estate contract that requires a seller to deliver at closing a report from a licensed pest control company showing the property free of termites does not require a seller to repair termite damage.

According to Florida case law as of the date of this article, when a real estate contract contains a time is of the essence provision, it is not necessary for a seller to give notice to a buyer or give a buyer an opportunity to close after a buyer's failure to perform on the closing -LSB-...]

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

Shepherd Real Estate v. Ferguson (204 A.D. 2d 392) judgment granting defendant's motion for summary judgment and dismissing complaint affirmed; broker failed to produce buyer ready, willing and able; buyer and seller were unable to meet agreement on inclusion of clause in contract (regarding unlimited access to property prior to closing).

Namazi Real Estate Corp. v. Johnson (243 A.D. 2d 396)-- broker's motion for summary judgment denied and defendant's cross-motion for summary judgment dismissing the complaint affirmed; broker failed to establish they produced a buyer ready, willing and able to purchase the property at terms set by sellers; parties were not in agreement as to the closing date, the clause entitling defendants to terminate the contract unconditionally, and the date when the defendants would vacate the premises; broker failed to establish that sellers wrongfully or arbitrarily prevented completion of a deal.

It seems she found some of our innovative real estate marketing videos online and spent about 20 minutes interviewing me and also talking to one of my sellers where the video helped get their home under contract in -LSB-...]

Real estate transactions vary across the United States, so there's no one list of «typical» steps that can be used to prepare buyers and sellers for the progression from contract to closing.

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

Century 21 Volpe Realty v. Jhong Kim (231 A.D. 2d 667)- broker entitled to real estate commission where seller entered into a valid and enforceable contract for sale of property and then willfully breached the agreement, causing the failure of the transfer of title to the property; agreement satisfies statute of frauds.