Common Commercial Real Estate Contract Contingencies

Common Commercial Real Estate Contract Contingencies

Just like residential real estate contracts, Dallas commercial real estate contracts have their share of contingencies. In short, contingencies are found in most real estate contracts and are essentially escape clauses for both the buyer More »

Real Estate Agent As The Key To Success In Real Estate Property Buying And Selling

Real Estate Agent As The Key To Success In Real Estate Property Buying And Selling

It is very important to remember that when you want to be successful in dealing with real estate market, you should work hand in hand with a real estate agent. Whether you are buying or selling, this person will be your helpful guide More »

Create A Real Estate Agent Profile On Property Hookup And Successfully Promote Yourself

Create A Real Estate Agent Profile On Property Hookup And Successfully Promote Yourself

Are you a professional real estate agent with tons of market knowledge but not getting the business traffic you deserve? Are you struggling to keep up with the new fashions and technology associated with online promotion? Are More »

 

Real Estate and Motivation vs. Inspiration

7uu7uu.info1My life is thriving in balance with purpose- Is yours? Do you find yourself fighting to stay motivated- putting things off- wasting time- lost without a purpose? If you said yes to any of these, there is still hope.
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How would you like to be that person that is always motivated- always getting things done- always enjoying life- always fulfilled? If so, here are some time tested principals that, if you apply them, will take you to that next level-

Motivation vs. Inspiration

Many people believe that motivation is the “engine” that drives you to success. Most seeking motivation attend seminars to hear others as they share success stories and strategies. These events cause us to feel good and challenge us to get moving. However, when you face the real world, it seems to just burn out on the extra mile- Have you ever felt that way too?

That is because “motivation” as Napoleon Hill says “is like fuel to a vehicle.” So what exactly is the “engine” that drives you to success? If motivation is just an external portion that helps build momentum, where does the power lie? Now inspiration, on the other hand, is internal and comes from realizing your purpose- The problem with most people is that their purpose is unclear and much smaller than was intended.

The reason why many lose motivation and quit before ever reaching the next level is because their purpose is smaller than themselves. However, what would happen if your purpose was bigger than you? I’m glad you asked-

Imagine you want to build a home, and just the thought of all the work makes you lose your motivation, but as you begin to think of the fact that in this “home” you will live with your spouse, raise your children, and have your grandchildren visit. You are now inspired and compelled to fulfill the vision of building your “home” no matter what the cost- Don’t you deserve a life of inspiration?

Define your purpose

“Why?” is the first question you must ask yourself personally and in business. If your “home” wanted to discover why it was built who would it ask, the neighbor, the mail man, or its builder? I think you get the picture. So visualize your purpose by writing it down. Once your “Why” is bigger than your “How” you will get inspired and the “How’s” will automatically aligning themselves.

Break through

You can’t fight what you don’t know exists. Answer this question, “What is holding me back from fulfilling my purpose?” The most popular answer is fear. Whatever your answer may be realize that you must conquer your obstacles or they will conquer you. If while building your “home” you find there are problems with the foundation you must do what it takes to strengthen what holds it all together. When you get weary, don’t worry its normal. Remember the foundation is the reason “why” you are paying the price. Break free!

Assemble your Power Team

As you press toward the next level you will find that you can’t do it on your own. Take the time to pick the right people that will empower you to keep moving forward in your journey. For example, a few things you might need to build your “home” are a developer, an architect and a construction crew. What kind of team do you need to build your vision? A team that balances out all your weaknesses- So when you run across problems that seem impossible seek answers from those who have them.

Grow in balance

True success can be measured by how balanced your life is. Balance can be like the fence that protects your “home.” It is vital to grow in every area of your life to experience the type of fulfillment that comes to those who grow in discipline- So decide to live balanced today and reap the benefits.

Enjoy the journey

When you are taking action, every day takes you one step closer to fulfilling your purpose. Just like you would get exited about your “home” taking shape with each new day, so too should you enjoy traveling your path to success. So get exited!!! Every day you are one step closer to fulfilling your vision.

REMEMBER-Though your “home” that took so much work is very valuable, nothing compares to the lives shaped by it. So empower others to do the same by passing on these tools that enabled you to build your own. Rick Melero and the Board of Advisors of America’s #1 Real Estate Network have completed 100s of real estate transactions with over $100M completed. Invest with the group and learn more about HIS Network’s  real estate buying group

Smart Tips For Finding Homes

7uu7uu.info2Real Estate – Picking the Right Agent to Help You Out

If you want to be successful in any real estate endeavor, choosing the right agent to meet your needs is very important. Even though all of them are capable to help you carry out your transactions, there are some of them who are best suited for your specific needs. You have to watch out as well for a few signs that will signify that you have the best agent at your side.

When choosing a real estate agent, you have to consider the type of real estate transaction, such as homes for sale, homes for rent or lease, etc. You could be interested with a specific type of home as part of your investment so you need to choose an agent who specializes in dealing with these types of properties. It is essential to not just choose an agent but you need to find one who specializes on the kind of property that you are looking for. He will have several connections that can help you obtain the property that you really need.

You have to consider the qualifications of a real estate agent before making an agreement to work with him. He should be a member of an association for realtors to let you know that he has the licensed required to work with clients. Make certain that he also follows the code of ethics by having a certification from the association. This will indicate that he holds a high stand that is required by the law.

The qualifications of a real estate agent don’t matter at all if he does not work hard to satisfy the needs of his clients. It is one good idea to find an agent who is referred by most people you know. When the person you are talking to is someone you trust and he had a good experience with a specific agent, there is a good chance that you will have a good experience as well if you have that agent at your side. Think about that good agents stay in business for the reason that they work to satisfy their clients so you ought to do business with someone who has a proven track record.

Once you don’t know anyone who can refer a good agent, have time to research for an agent who is good with his job. The internet has lots to offer and you can find many websites that give you ideas concerning agents and the services they provide to meet your needs. Research their profiles to be aware of their qualifications and experience and see if you can work well with them. You can read customer testimonials regarding them so you will be aware what other people are saying about them. These are necessary tips prior to making your final decision regarding an agent to help you.

 

Tips to Follow While Buying Property

7uu7uu.info3The process of buying property can be very strenuous at times and it requires a lot of thinking while doing so. Thus as a property buyer you must make sure that you do all your research on the property you are buying and follow a few useful tips. These tips can help you a lot in the long run.

• Drainage sufficiency

You must mandatorily check the levels and whereabouts of the external drains. You must also make sure that the drains are accessible and are also completely functional. Water logging can be a very long term problem at times of rains. Thus by keeping in mind your long term requirements, you must check whether your area has sufficient drainage or not.

• The significance of the area

The place where you are buying your property might be having something that makes it popular. You must make sure that you notice all the ups and downs of this place before you carry on with the entire process. The area might be popular for having a pub or a bar or a kebab shop also.

• Is the place big enough for you

There is no pint investing in a property that does not satisfy all your needs and requirements. Having said that you must make sure that the property you are investing in is big enough to accommodate all the members in a very comfortable manner. This will not only give you a lot of comfort in the long run but you will also be able to live with a complete peace of mind.

• Is the structure of the building sound

The building must be structurally sound. It must have the capability of withstanding horrendous external forces like storms and tornadoes. This will increase the life span of the property and also its retail value. The structure of the property is also its foundation. If its structure is sound, you are making a very good investment. Otherwise you must think about it.

• Electricity

The electricity supply of that area must also be taken into consideration. The cost of electricity also varies from one place to another and you must take all these costs into consideration as well. In order to do so, you must enquire with the concerned people and gain as much as information as possible before proceeding with your investment.

Before purchasing the property, you must analyze whether you see yourself living there or not. This is the most important thing.

The Duty Of Confidentiality In Real Estate

In any Listing Agreement there is a point in time when the agency relationship ends.

A Listing Agreement, as it is widely known, is none other than a contract between the rightful titleholder of an interest in land (the ‘Principal’) and a duly licensed real estate firm (the ‘Agent’), whereby the firm stipulates and agrees to find a Buyer within a specified timeframe who is ready, willing and able to purchase the interest in land that is the subject matter of the contract while acting within the realm of the authority that the Principal confers onto the Agent, and wherein furthermore the titleholder stipulates and agrees to pay a commission should the licensee ever be successful in finding such Buyer.

As in all contracts, there is implied in a Listing Agreement an element which is commonly know at law as an ‘implied covenant of good faith and fair dealings’. This covenant is a general assumption of the law that the parties to the contract – in this case the titleholder and the licensed real estate firm – will deal fairly with each other and that they will not cause each other to suffer damages by either breaking their words or otherwise breach their respective and mutual contractual obligations, express and implied. A breach of this implied covenant gives rise to liability both in contract law and, depending on the circumstances, in tort as well.

Due to the particular nature of a Listing Agreement, the Courts have long since ruled that during the term of the agency relationship there is implied in the contract a second element that arises out of the many duties and responsibilities of the Agent towards the Principal: a duty of confidentiality, which obligates an Agent acting exclusively for a Seller or for a Buyer, or a Dual Agent acting for both parties under the provisions of a Limited Dual Agency Agreement, to keep confidential certain information provided by the Principal. Like for the implied covenant of good faith and fair dealings, a breach of this duty of confidentiality gives rise to liability both in contract law and, depending on the circumstances, in tort as well.

Pursuant to a recent decision of the Real Estate Council of British Columbia (http://www.recbc.ca/) , the regulatory body empowered with the mandate to protect the interest of the public in matters involving Real Estate, a question now arises as to whether or not the duty of confidentiality extends beyond the expiration or otherwise termination of the Listing Agreement.

In a recent case the Real Estate Council reprimanded two licensees and a real estate firm for breaching a continuing duty of confidentiality, which the Real Estate Council found was owing to the Seller of a property. In this case the subject property was listed for sale for over two years. During the term of the Listing Agreement the price of the property was reduced on two occasions. This notwithstanding, the property ultimately did not sell and the listing expired.

Following the expiration of the listing the Seller entered into three separate ‘fee agreements’ with the real estate firm. On all three occasions the Seller declined agency representation, and the firm was identified as ‘Buyer’s Agent’ in these fee agreements. A party commenced a lawsuit as against the Seller, which was related to the subject property.

The lawyer acting for the Plaintiff approached the real estate firm and requested that they provide Affidavits containing information about the listing of the property. This lawyer made it very clear that if the firm did not provide the Affidavits voluntarily, he would either subpoena the firm and the licensees as witnesses to give evidence before the Judge, or he would obtain a Court Order pursuant to the Rules Of Court compelling the firm to give such evidence. The real estate firm, believing there was no other choice in the matter, promptly complied by providing the requested Affidavits.

As a direct and proximate result, the Seller filed a complaint with the Real Estate Council maintaining that the information contained in the Affidavits was ‘confidential’ and that the firm had breached a duty of confidentiality owing to the Seller. As it turned out, the Affidavits were never used in the court proceedings.

The real estate brokerage, on the other hand, took the position that any duty of confidentiality arising from the agency relationship ended with the expiration of the Listing Agreement. The firm argued, moreover, that even if there was a duty of continuing confidentiality such duty would not preclude or otherwise limit the evidence that the real estate brokerage would be compelled to give under a subpoena or in a process under the Rules Of Court. And, finally, the realty company pointed out that there is no such thing as a realtor-client privilege, and that in the instant circumstances the Seller could not have prevented the firm from giving evidence in the lawsuit.

The Real Estate Council did not accept the line of defence and maintained that there exists a continuing duty of confidentiality, which extends after the expiration of the Listing Agreement. Council ruled that by providing the Affidavits both the brokerage and the two licensee had breached this duty.

The attorney-client privilege is a legal concept that protects communications between a client and the attorney and keeps those communications confidential. There are limitations to the attorney-client privilege, like for instance the fact that the privilege protects the confidential communication but not the underlying information. For instance, if a client has previously disclosed confidential information to a third party who is not an attorney, and then gives the same information to an attorney, the attorney-client privilege will still protect the communication to the attorney, but will not protect the information provided to the third party.

Because of this, an analogy can be drawn in the case of a realtor-client privilege during the existence of a Listing Agreement, whereby confidential information is disclosed to a third party such as a Real Estate Board for publication under the terms of a Multiple Listings Service agreement, but not before such information is disclosed to the real estate brokerage. In this instance the privilege theoretically would protect the confidential communication as well as the underlying information.

And as to whether or not the duty of confidentiality extends past the termination of a Listing Agreement is still a matter of open debate, again in the case of an attorney-client privilege there is ample legal authority to support the position that such privilege does in fact extend indefinitely, so that arguably an analogy can be inferred as well respecting the duration of the duty of confidentiality that the Agent owes the Seller, to the extent that such duty extends indefinitely.

This, in a synopsis, seems to be the position taken by the Real Estate Council of British Columbia in this matter.

Clearly, whether the duty of confidentiality that stems out of a Listing Agreement survives the termination of the contract is problematic to the Real Estate profession in terms of practical applications. If, for instance, a listing with Brokerage A expires and the Seller re-lists with Brokerage B, if there is a continuing duty of confidentiality on the part of Brokerage A, in the absence of express consent on the part of the Seller a Realtor of Brokerage A could not act as a Buyer’s Agent for the purchase of the Seller’s property, if this was re-listed by Brokerage B. All of which, therefore, would fly right in the face of all the rules of professional cooperation between real estate firms and their representatives. In fact, this process could potentially destabilize the entire foundation of the Multiple Listings Service system.

In the absence of specific guidelines, until this entire matter is clarified perhaps the best course of action for real estate firms and licensees when requested by a lawyer to provide information that is confidential, is to respond that the brokerage will seek to obtain the necessary consent from the client and, if that consent is not forthcoming, that the lawyer will have to take the necessary legal steps to compel the disclosure of such information.

Luigi Frascati is a Real Estate Agent based in Vancouver, British Columbia. He holds a Bachelor Degree in Economics and maintains a weblog entitled the Real Estate Chronicle where you can find the full collection of his articles on Real Estate Economics and Finance. Luigi is associated with the Sutton Group, the largest real estate organization in Canada, and is based with Sutton-Centre Realty in Burnaby, BC.

Luigi is very proud to be an EzineArticles Platinum Expert Author. Your rating at the footer of this Article is very much appreciated. Thank you.

 

Understanding Real Estate Terminology

Purchasing a home can be a complicated and confusing process, especially for first-time buyers. Throughout the process, first-time home buyers will encounter a variety of unfamiliar real state terms. There are several key terms associates with purchasing real estate that are helpful to learn.
For example, many buyers confuse the terms broker and salesperson. A broker is a properly licensed individual, or corporation, who serves as a special agent in the purchase and sale of real estate, a salesperson is an individual employed or associated by written agreement by the broker as an independent contractor. The salesperson facilitates the purchase or sale of real estate.
Once you decide to purchase, a salesperson will prepare a sales contract to present to the seller along with your earnest money deposit. The sales contract is the document through which the seller agrees to give possession and title of property to the buyer upon full payment of the purchase price and performance of agreed-upon conditions. The earnest money is a buyer’s partial payment, as a show of good faith, to make the contract binding. Often, the earnest money is held in an escrow account. Escrow is the process by which money is held by a disinterested party until the terms of the escrow instructions are fulfilled.
After the buyer and seller have signed the contract, the buyer must obtain a mortgage note by presenting the contract to a mortgage lender. The note is the buyer’s promise to pay the purchase price of the real estate in addition to a stated interest rate over a specified period of time. A mortgage lender places a lien on the property, or mortgage, and this secures the mortgage note.
The buyer pays interest money to the lender exchange for the use of money borrowed. Interest is usually referred to as APR or annual percentage rate. Interest is paid on the principle, the capital sum the buyer owes. Interest payments may be disguised in the form of points. Points are an up-front cost which may be paid by either the buyer or seller or both in conventional loans.
In general, there are two types of conventional loans that a buyer can obtain. A fixed rate loan has the same rate of interest for the life of the loan, usually 14 to 30 years. An adjustable rate loan or adjustable rate mortgage (ARM) provides a discounted initial rate, which changes after a set period of time. The rate can’t exceed the interest rate cap or ceiling allowed on such loans for any one adjustment period. Some ARMs have a lifetime cap on interest. The buyer makes the loan and interest payments to the lender through amortization, the systematic payment and retirement of debt over a set period of time.
Once the contract has been signed and a mortgage note obtained, the buyer and seller must legally close the real estate transaction. The closing is a meeting where the buyer, seller and their attorneys review, sign and exchange the final documents. At the closing, the buyer receives the appraisal report, an estimate of the property’s value with the appraiser’s signature, certification and sporting documents. The buyer also receives the title and the deed. The title shows evidence of the buyer’s ownership of the property while the deed legally transfers the title from the seller to the buyer. The final document the buyer receives at closing is a title insurance policy, insurance against the loss of the title if it’s found to be imperfect.
Buyers should plan on a least four to twelve weeks for a typical real estate transaction. The process is difficult and at times, intimidating. A general understanding of real estate terminology and chronology of the transaction, however, will help any real estate novice to confidently buy his or her first home.

Another Price Hike For Sellers In Real Estate – More To Come

The summer is here and sellers will be warming to the fact that July has seen another spike in house price levels across West Vancouver and Greater Vancouver in general. Yes, once again house prices have peaked, giving homeowners in West Vancouver an opportunity to make hay while the sun is shining on the real estate market.

In the month of June 2014, house prices across Greater Vancouver rose by 6.2 percent year on year. Furthermore, these figures are calculated by leaving out some of the more expensive mansions priced up in West Vancouver. So if one were to include the high-end luxury homes in the equation that figure might even be higher still.

The burning question for sellers is – has the latest bubble in the housing market reached its zenith and will we see a burst in the very near future? Is this summer a good time to sell and relocate or should a seller be holding on and wait it out to see what the market does?

The real issue with the real estate market in West Vancouver is that is does not follow the same trend as the rest of Canada. Index prices for West Vancouver detached homes has reached just over $2 million, that’s double the amount of index prices from the less opulent North Vancouver district.

It’s also worth noting that West Vancouver and British Columbia as a whole has benefited from the influx of immigration from around the world, particular Asia. It has boosted an already-vibrant economy and helped to bolster the housing market. Investors from China have helped to push up the price of luxury real estate in a way never seen before. You have to understand there’s something of a revolution in China and its economy and back in the 20th century making money behind the bamboo curtain was something exclusive only to a few Communist Party bigwigs. Now such an opportunity to become wealthy in the world’s most populous country has become easier for millions more. Much of this wealth is used on buying luxury real estate in places like California, Florida and West Vancouver.

The future is very bright is we rely on the investment of Chinese and Asian property investors and all that comes despite the tightening controls implemented by both Canadian and Chinese authorities implemented to stem to rising tide of overseas investment in Canada (and the United States) as a whole.

Florida Cash Home Buyers Details How to Sell Fast With No Hassle and No Fees

FOR IMMEDIATE RELEASE

FORT LAUDERDALE, Fla. — Florida Cash Home Buyers, South Florida’s leading home buying service, launched at a new public awareness campaign. With many homeowners in the southern part of the state looking to take advantage of a relatively strong market and convert their homes into cash, the company’s new initiative will help spread awareness as to an especially accessible and quick way to do so. Having processed over $22 million in transactions since the company’s 2011 founding, Florida Cash Home Buyers has met the needs of dozens of South Florida homeowners by providing fast, fair, reliable cash purchasing services, with no commissions, fees, or repairs needed. The company’s new public awareness campaign will help more people throughout South Florida understand just how easy and rewarding it can be to take advantage of this option.

“Even while the economy in the area continues to improve, some homeowners will inevitably run into unexpected difficulties,” Florida Cash Home Buyers co-owner Omer Reiner said, “For the past five years, we’ve been working every day to provide the support and options that so many South Florida homeowners need. As a result, we have become one of the state’s leading home buying services and have learned many important things. Over the course of our new public awareness campaign, we’re going to be reaching out to homeowners all over South Florida and educating them as to their options. Even when life suddenly becomes more challenging, we are here to help.”

With the statewide real estate market having strengthened greatly through 2015 compared to the year before, 2016 has so far been a time of retrenchment. With the double-digit sales growth typical of last year no longer in evidence, homeowners encountering financial difficulties or otherwise needing to sell quickly have become increasingly concerned about their options.

As the new Florida Cash Home Buyers public awareness campaign will show, however, people throughout South Florida have access to an excellent source of assistance when such needs arise. Driven by the core values of fairness, honesty, and dependability, Florida Cash Home Buyers has since the company’s 2011 founding enabled over $22 million in fast, no-hassle home sales. By focusing on creating mutually rewarding, win-win options for every client, the company has grown quickly to become one of the region’s busiest and most highly regarded of its kind.

As is detailed at that success has also contributed to the missions of many charities in the area and elsewhere in the country, with Florida Cash Home Buyers donating a generous 10% of all gross profits to worthy causes. Standing out from the competition by consistently respecting each individual customer and giving back to the community in these ways, Florida Cash Home Buyers does the same by consistently delivering home-buying solutions that are tuned to each homeowner’s situation and needs.

The company’s new public awareness campaign will help more homeowners and families throughout South Florida recognize and appreciate the value of this option. As part of the campaign, a number of new articles have been published at the Florida Cash Home Buyers website at and the company’s co-owners and other team members will be available to answer questions.

About Florida Cash Home Buyers:
Putting fairness, honesty, and dependability above all else, Florida Cash Home Buyers works with South Florida homeowners to overcome their unique challenges with fast, no-hassle home buying services.

 

The Secrets Behind Bank Repossessed Real Estates

Last year 2005’s round for banks repossessing real estate had turned down slowly. But banks started to regain their activity in repossessing real estates in the year 2006. In fact, a lender further said that this year may be another successful turn for real estate investors.

You must hire a professional real state agent or broker if you are planning to buy a bank repossessed real estate. However, do not loose hope if you are hearing bad rumors from the other agents about these bank repossessed real estates. They may tell you that it is not that easy and practical to invest on these types of real estates. Mind you, there are many brokers or real estate agents. Don’t limit yourself to one agent.

On the other side, you might be thinking of spending few dollars to listing services. These listing services may send to you the list of bank repossessed real estates through mail. Don’t be blinded by these services. It will just be a waste of money. The truth is, the real estates might have been sold the moment the mail listing arrives.

Also, you might see the schedules of various banks with specializations in bargaining real estates. Most banks bid their repossessed real estates at low prices. However, there are some policies, conditions and availabilities that you need to confirm. These have something to do with the reselling and financing of these banks’ real estate owned (REO) properties.

Many banks repossess real estates just because they want to, while others lend them. Ask a favor to give you in-house terms to have good financing. Make a visit to your target bank and ask any bank authority for information on how they market their repossessed real estates.

Many of these banks will give their website where you can find the listing of their repossessed real estates. Also, establish rapport with your broker or real estate agent so he or she may inform you immediately whenever a new repossessed real estate is added on the listing.

Repossessed real estates are good opportunities for you if you are a first time real estate investor. But you or your broker must make the first move to get in touch with the bank to show that you are really interested to their real estate. Have your final decision before you contact the bank.

These days, brokers are using the Multiple Listing Service (MLS) to check the new and unsold real estates. So you or your broker must check the MLS regularly. You may call the listing agent if you or your broker found a new item on the list. But bear in mind that bargaining with the bank which owns the repossessed real estate may weaken if there’s an involved listing agent.

However, you have to make practical moves to communicate directly to the foreclosing bank if there is no listing agent involve. Be aware that selling real estates is not the main business of banks. So you have to do your thing on how to find the department or authority in-charge to the repossessed real estates from the MLS. When you’ve found the right department, be patient enough until your transaction is successfully accomplished.

Bank repossessed real estates can be good sources and nice starting points of your investment. Investing on these can be your career, too.

For listings of repossessed real estates, please visit http://www.real-estate-foreclosed-home.info