Century 21 Strand Group is a full - service real estate brokerage firm on the Grand Strand and committed to assist you in your real estate
transaction as a buyer or a seller.
If you've ever participated in a real estate
transaction as a buyer or seller, you know what an asset a knowledgeable, professional REALTOR ® can be in closing the sale.
Not exact matches
After reaching an agreement with a
buyer or seller for the acquisition
or disposition of a business, we are subject to satisfaction of pre-closing conditions
as well
as to necessary regulatory and governmental approvals on acceptable terms, which, if not satisfied
or obtained, may prevent us from completing the
transaction.
There can be no net change in demand
as a result of such a
transaction, and,
as discussed in previous posts, the price effect will be determined by whether the
buyer (Wong)
or the
seller (Chang) is the more motivated.
Allow me to address what is referred to
as double - ending,
or representing both
seller and
buyer in a sales
transaction.
Closing Costs: Fees paid at the closing of a real estate
transaction by the
buyer and
seller, including fees from your lender
or third parties for services involved in the transfer of property, such
as appraisals, inspections and title searches.
Agents need to be mindful that if they have knowledge of a defect, patent (obvious)
or latent (hidden), this information needs to be «disclosed» in the actual listing; the listing agent needs to draw to the attention of his
seller, making the
seller aware that his agent «knows,» whatever he knows,
or surmises, has seen with his own eyes,
or has been made aware by his
seller — sometimes surreptitiously, (by agent's putting the information confirmation in writing and has advised the
seller the need for disclosing), directing his
seller to get «fix - it» quotes, repair before going to market,
or offer a rebate to his
buyer for the dollar amount involved, and advise the
seller that this information if known by his agent,
or by the
seller, «must» be disclosed in some manner, in writing, so
as to prevent the
seller and all the agents involved (including «team members), both buying and selling sides, from lawsuits,
or possible resultant non-closing of
transactions, not just even non-removal of conditions, (failing which clauses, conditional clauses — condition precedent, not condition subsequent — self destruct) during which lag time the subject property is theoretically off the market wasting valuable market time, which could prove especially financially disastrous in any sort of turbulent down - turning market.
Earnest Money Money given by a
buyer to a
seller as part of the purchase price to bind a
transaction or assure payment.
VA broadly defines
seller concessions
as «anything of value added to the
transaction by the builder
or seller for which the
buyer pays nothing additional and which the
seller is not customarily expected
or required to pay
or provide.»
As a leader in the home inspection industry, AmeriSpec helps
buyers,
sellers and real estate professionals feel more confident about real estate
transactions and helps to reveal possible repairs
or unforeseen costs.
An investment dealer operates
as an agent when it acts on behalf of a
buyer or a
seller of a security and does not itself own title to the securities at any time during the
transactions.
The
seller must deliver to the
buyer and obtain the
buyer's written signature to a written agreement
or offer to purchase designating
as the date of the
transaction the date on which the
buyer actually signs and containing the following under the conspicuous caption:
When you place a market order, the purchase
or sale occurs almost immediately so long
as there is a willing
buyer or seller on the other side of the
transaction.
Our debt finance group is supported by members of other subgroups within the Business Department, including mergers and acquisitions (for all sizes of
transactions, for public and private clients, and on both the
buyer and
seller sides), investment management (for clients with investment management divisions and matters), small business investment companies (for clients looking to form SBICs, obtain SBIC funding,
or conduct portfolio financing
transactions), securities (for public clients, particularly with respect to public and Rule 144A debt offerings), tax (including for cross-border
transactions), ERISA / employee benefits and international (for clients with international operations and assets),
as well
as other practice groups within the Firm, including Cleantech & Renewables, Patent, Trademark, Copyright & Unfair Competition practices and the Labor and Employment practice.
If the contract is avoided and if, in a reasonable manner and within a reasonable time after avoidance, the
buyer has bought goods in replacement
or the
seller has resold the goods, the party claiming damages may recover the difference between the contract price and the price in the substitute
transaction as well
as any further damages recoverable under article 74.
From the taxation point of view, this means that when the
buyer pays with bitcoins buying goods
or services, an article of the EU's VAT Directive will be applied to the price of bitcoin at the time of the
transaction,
as documented by the
seller.
In this way P2P
transactions between the
seller and the
buyer is fastened
as there would always be pending orders to buy and sell respectively awaiting just response from users who intend to buy
or sell.
As a result, many
sellers try to remove the words «sole and absolute discretion», from home inspection condition clauses
or include additional language that if the amount to correct all deficiencies is less than $ 1,000, then the
seller has the right to correct the deficiencies and the
buyer has to close the
transaction.
Whether working with
buyers or sellers,
as soon
as an offer is accepted Sally faxes the documents to Cindi, her Virtual
Transaction Coordinator.
In this seventh in the series about real estate commission rates, allow me to address what is referred to
as double - ending,
or representing both
seller and
buyer in a sales
transaction.
In the 1990s states began adopting legislation that established the designated and disclosed dual agency models and outlined the duties of practitioners based on the role they were assuming, such
as seller's agent,
buyer's agent, dual agent,
or transaction facilitator.
Consider the following quote made recently here on REM, by the alias known
as: Hard Working Realtor: «In fact, the
transaction is almost always more about managing emotions and guiding
sellers and
buyers than it is about the stats
or numbers.»
This is a
transaction where the
seller (usually a corporation who also occupies the property), sells their property to a
buyer (such
as an institutional investor
or a real estate investment trust) and immediately rents the property back from the
buyer.
The purchase contract stated that his agent would disburse his deposit by applying it to the purchase price when the
transaction closed, returning it to the
buyer if the
seller failed to perform,
or paying the
seller if the
buyer failed to perform
as stipulated in the purchase contract.
It may also mean that anyone that's non-realtor, the public can sell / buy real estate (
or who set up their website business and get lead / traffic from your detailed MLS datas) by doing real estate
transaction directly with / for the
buyer /
seller lead, illegal
transactions,
or extracting referral fees from all parties, all without being licensed and paying all those hefty fees
as realtors do....
Agents need to be mindful that if they have knowledge of a defect, patent (obvious)
or latent (hidden), this information needs to be «disclosed» in the actual listing; the listing agent needs to draw to the attention of his
seller, making the
seller aware that his agent «knows,» whatever he knows,
or surmises, has seen with his own eyes,
or has been made aware by his
seller — sometimes surreptitiously, (by agent's putting the information confirmation in writing and has advised the
seller the need for disclosing), directing his
seller to get «fix - it» quotes, repair before going to market,
or offer a rebate to his
buyer for the dollar amount involved, and advise the
seller that this information if known by his agent,
or by the
seller, «must» be disclosed in some manner, in writing, so
as to prevent the
seller and all the agents involved (including «team members), both buying and selling sides, from lawsuits,
or possible resultant non-closing of
transactions, not just even non-removal of conditions, (failing which clauses, conditional clauses — condition precedent, not condition subsequent — self destruct) during which lag time the subject property is theoretically off the market wasting valuable market time, which could prove especially financially disastrous in any sort of turbulent down - turning market.
If a
buyer broker has a contract with his
buyer, that spells out how he will be paid — and seeks no compensation through the
transaction from the
seller, regardless of the co-op amount offered — does the listing agent keep the whole six percent,
or five
or whatever the full amount is / the total pts noted on the listing, INCLUDING what amount
as offered in co-op?
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.
That's a blanket statement that is true in some parts of the country but untrue in others, such
as Florida and Colorado, where
transaction brokerage is the default and under which there is no fiduciary duty to either the
seller or buyer.
Here is my submission to that end regarding dual agency
transactions: Another Realtor of local stellar repute (not from the chosen Realtor's brokerage but whom the
buyer's and
seller's mutual Realtor would recommend to his / her respective
buyer /
seller clients for their approval) would oversee / facilitate the negotiation process once an offer —
or offers — has / have been announced
as being on the table.
It's also the perfect time to create a takeaway for potential clients, such
as a lead - capturing eBook that triggers an email course that walks
buyers (
or sellers) through a real estate
transaction.
The case noted in the current REM article is atypical, but is concurrent with relocation
transactions, with estate sales, and some matrimonial situations, and
as stated, a forced sale, wherein no agency contracts are with «the real
sellers or buyers» directly.
Your goals
as a
buyer or seller are unique to you, and we approach each home and each
transaction with an individual plan of action.
The law requires real estate licensees to perform the following basic duties when dealing with any real estate
buyer or seller as customers: present all offers in a timely manner, account for money
or other property received on your behalf, provide an explanation of the scope of services to be provided, be fair and honest and provide accurate information, provide limited confidentiality, and disclose «material adverse facts» about the property
or the
transaction which are within the licensee's knowledge.
Industry member # 3 could act
as the designated agent of the
buyer without being an impartial
transaction facilitator
as long
as there is no sharing of the confidential information of either the
buyer or the
seller among industry member # 3 (who represents the
buyer), industry member # 1 (who owns the property), and /
or industry member # 2 (who represents the
seller).
For example, licensees who are drafting complex sales documents (for example, in the sale of a business
or in the sale of a condominium requiring extensive remediation work), giving advice to
sellers or buyers as to how to structure a
transaction,
or expressing an opinion
as to the sufficiency of the terms of a Contract of Purchase and Sale to the
buyer or seller, may be giving legal advice, and therefore, practising law contrary to sections 1 (1) and 15 of the Legal Profession Act.
For example, a brokerage,
or in the case of designated agency a designated agent who is representing a
buyer in a
transaction where the brokerage had previously represented the
seller when they purchased the property in question, can not disclose to the current
buyer any confidential
or personal information about the
seller received
as a result of providing services to the
seller (in the previous relationship).
This is why a common - law brokerage that represents a
buyer and a
seller in a single
transaction must limit their duties to each party, employing
transaction brokerage
or treating one party
as a customer.
Buyer acknowledges that
Seller intends to perform a tax - deferred exchange
transaction pursuant to Section 1031 of the Internal Revenue Code and Section 1.1031 of the Treasury Regulations and that
Seller's rights, title and interest (but not obligations) pursuant to this [Insert Name of Purchase and Sale Agreement
or Sales Contract
or Escrow Instructions] will be assigned to Exeter 1031 Exchange Services, LLC,
as Seller's Qualified Intermediary, for the purpose of completing
Seller's 1031 Exchange
transaction.
Realty Investors of USA, Inc. v. Bhaidaswala (254 A.D. 2d 603)- order dismissing broker's complaint reversed; listing agreement entitling broker to a commission in the event that broker procures a purchaser on terms specified therein
or any other terms acceptable to owner not dependent upon the execution of a legally enforceable sales contract, so long
as the
seller and
buyer have come to a meeting of the minds on the essential terms of the
transaction.
Seller acknowledges that
Buyer is completing a tax - deferred exchange
transaction pursuant to Section 1031 of the Internal Revenue Code and Section 1.1031 of the Treasury Regulations and that
Buyer's rights, title and interest (but not obligations) pursuant to this [Insert Name of Purchase and Sale Agreement
or Purchase Contract
or Escrow Instructions] will be assigned to Exeter 1031 Exchange Services, LLC,
as Buyer's Qualified Intermediary, for the purpose of completing
Buyer's 1031 Exchange
transaction.
Transaction Brokerage Disclosure - The information which a dual associate must disclose and explain to both
buyer or a
seller when he
or she is acting
as a dual associate.
Seller acknowledges that
Buyer is completing a Reverse 1031 Exchange
transaction, pursuant to Section 1031 of the Internal Revenue Code, Section 1.1031 of the Treasury Regulations, and IRS Revenue Procedure 2000 - 37, and that
Buyer's rights, title and interest (but not obligations) pursuant to this [Insert Name of Purchase and Sale Agreement
or Purchase Contract
or Escrow Instructions] will be assigned to a new limited liability company formed by Exeter Reverse 1031 Exchange Services, LLC,
as Buyer's Exchange Accommodation Titleholder, for the sole purpose of completing
Buyer's Reverse 1031 Exchange
transaction.
Even in a cash
transaction where no lender is involved, the
buyer and
seller may have to deal with all sorts of complications, such
as removing any clouds on title (like satisfying any outstanding mortgages
or paying any tax liens)-LSB-...]
Even in a cash
transaction where no lender is involved, the
buyer and
seller may have to deal with all sorts of complications, such
as removing any clouds on title (like satisfying any outstanding mortgages
or paying any tax liens)
or satisfying any municipal violations (for things like overgrown grass
or excessive trash on the property).
This amendment was a legislative reaction to the Court of Appeals holding in J.L. Holding Company v Reis (240 N.Y. 424) interpreting the fee splitting provisions of Section § 442
as not prohibiting a real estate broker from paying a portion of its fee to a
buyer or seller in a
transaction as such
buyer or seller was not required to be licensed to provide service, help
or aid in relation to the
transaction to which they were a party.
«
Transaction broker» means a broker who provides limited representation to a buyer, a seller, or both, in a real estate transaction, but does not represent either in a fiduciary capacity or as a si
Transaction broker» means a broker who provides limited representation to a
buyer, a
seller,
or both, in a real estate
transaction, but does not represent either in a fiduciary capacity or as a si
transaction, but does not represent either in a fiduciary capacity
or as a single agent.
As - is — Refers to a
transaction where the property is transferred to the
buyer in its current state, without any requirements for additional disclosures
or any recourse available for the
buyer against the
seller.
«Single agent» means a broker who represents,
as a fiduciary, either the
buyer or seller but not both in the same
transaction.
However, for the real estate agents involved in the deal, along with the title agents
as well
as any real estate lawyers hired by either
buyer or seller, closing on real estate is a familiar
transaction, filled with all sorts of tasks and to - do lists (some of these tasks require spending money, like for inspections, title searches, survey and lien search, etc.) before the sale of the property is completed.