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YOUR RIGHTS AS a HOMEBUYER OR SELLER Your Rights As a Homebuyer Or Seller
Wisconsin REALTORS® Association YOUR RIGHTS AS A HOMEBUYER OR SELLER Your Rights as a Homebuyer or Seller Congrats on your decision to pursue homeownership! Buying or selling a home is an important life event that requires many important decisions. This booklet explains the services you may expect from a licensed real estate agent and the duties these professionals owe to you under the law. Wisconsin law provides strong protections for all real estate consumers. For more real estate information designed for you, the consumer, visit the WRA’s Downloadable Consumer Brochure page online at www.wra.org/dcb. What’s a real estate agent? that the buyer has the insurance binder and a certified check for A real estate agent is a professional licensed by the state of payment. Wisconsin to help you buy or sell your home. The agent’s job Not all real estate licensees provide the same services, nor do is to bring buyers and sellers together and help them reach an they charge the same fees. To ensure that you are getting the agreement. An agent also provides other services. best value for your money, ask the real estate agents in your community what services they provide, what they charge, and what A real estate agent may assist both parties in negotiating the additional services are recommended or are necessary to complete purchase contract and in filling out certain legal contract forms. the transaction. It is always recommended that you consider the Forms such as the offer to purchase and counter-offer are typically services of an experienced real estate attorney as early in the used during a real estate transaction. -
A Sellers' Market: Anticipated Legal Challenges
A Sellers’ Market: Anticipated Legal Challenges By David S. Bright, Esq. Mediator, West Coast Resolution Group (619) 238-7282 (scheduling) [email protected] The current residential sales market is experiencing historic escalating sales prices which this author has not seen in over forty-six years as a practicing real estate litigator, and now as a full-time mediator for West Coast Resolution Group in San Diego, California. During those four plus decades of practice, I represented buyers, sellers, and real estate agents and brokers (collectively “agents”) in more than 600 cases before the Superior Court, in arbitration, in many cases defending agents before an administrative law judge in license revocation and other disciplinary proceedings, and in both residential and commercial transactions. The potential for litigation, including arbitrations, arising out of the frenzied sellers’ market cannot be underestimated. This article discusses some of the potential yet foreseeable disputes that sellers, buyers, agents, attorneys, and mediators can expect. Many sellers are joyful over the buying frenzy of residential real estate, receiving offers containing prices far exceeding their wildest expectations. Offers in excess of listing prices are common. Multiple and backup offers for a residence are typical. Inventory of homes for sale is inadequate to meet the demand. One pundit noted that there are more real estate agents than homes for sale. As a result, buyers often abandon reason in making offers. So, from a seller’s perspective, what is the problem? Sellers often focus on price only. Their disclosure obligations are often ignored or downplayed. The concern is that these sellers may think that robust disclosures about their properties are somehow less important than required. -
Flow of Real Estate Transactions (In the Case of an Individual Purchasing a Home)
Flow of Real Estate Transactions (in the case of an individual purchasing a home) Real estate transactions can be broadly divided into those conducted for self-use purposes (actual demand) and those for earning purposes (investment). Here is the flow of real estate transactions summarized as a flowchart, assuming the case of an individual purchasing a home, as an example of actual demand. Flow of Real Estate Transactions (in the case of an individual purchasing a home) ●●●Property for Sale by Owner/Builder and Property for Sale by Broker ●●● The form of selling homes can be broadly divided into properties for sale by owner/builder and properties for sale by broker. The flow of purchase differs depending on this. (1) Property for sale by owner/builder A property purchased directly from the real estate company that is the seller. (There are also cases of purchase via a real estate company entrusted by the seller to act as a sales agent.) In general, newly-constructed condominiums and large groups of newly-constructed detached homes are properties for sale by owner/builder. (2) Property for sale by broker A property purchased through a real estate company acting as broker at the request of the seller. In general, small groups of newly-constructed detached homes and existing properties are properties for sale by broker. Brokerage fees payable to the real estate company may arise in the case of properties for sale by broker. ◆◆◆Property for Sale by Owner/Builder (in the case the seller is a real estate company) Planning by seller (real estate -
Commercial Vs Residential Transactions the Complexities & Needed Due Diligence
A Division of American Surveying & Mapping, Inc. Commercial vs Residential Transactions The Complexities & Needed Due Diligence National Marketing Director Service Provider to the David Herrin, Fidelity National Title Group Cindy Jared, SVP, Major Accounts Family of Companies Thank You Thank You • Thank you to ALTA and to Fidelity National Title Group for sponsorship of this Webinar and the opportunity to present to ALTA members • My name is David Herrin the National Marketing Director of National Due Diligence Services (NDDS) • NDDS is a Division of American Surveying & Mapping, Inc. • We are a national land surveying and professional due diligence firm • Established in 1992 with over 25 years of service • One of the nation's largest, private sector, survey firms • Staff of 150 dedicated & experienced professionals ® 2 Commercial vs Residential Transactions • Residential Transactions – Systematic and Regulated • Commercial Transaction – Complexities • Commercial - Due Diligence Phase – ALTA Survey – Related Title Endorsements • Other Commercial Due Diligence Needs – Environmental Site Assessments – Property Condition Assessments, – Seismic Risk Assessments (PML) – Zoning ® 3 Subject Matter Expert Speakers may include: David Herrin, National Marketing Director, NDDS Mr. Herrin offers over 35 years real estate experience including 10 years as a Georgia licensed Real Estate Broker (prior GRS & CCIM designates), regional manager for a national title insurance company & qualified MCLE instructor in multiple states. Brett Moscovitz, President, -
Top News Extended Eviction Moratorium and Emergency Rental
WRA Legal News Weekly January 11, 2021 Top News: • Extended Eviction Moratorium and Emergency Rental Assistance • Increase Diversity with Partnership for Success • Legal Hotline Available on Sunday Afternoons Legal Hottips: • Criteria for protected buyers • Repair of RECR defect • Discriminatory covenants • Condominium executive summary • Possible material adverse facts Top News Extended Eviction Moratorium and Emergency Rental Assistance In the latest COVID-19 relief act, Congress extended the Centers for Disease Control and Prevention (CDC) imposed eviction moratorium through January 31, 2021, and established a $25 billion fund to assist those who have missed rent or utility payments due to the pandemic. Grant money may be used to pay current and past due rent, utilities, home energy costs and other housing expenses incurred due to COVID-19. The Emergency Rental Assistance Program prioritizes assistance for households that have income totaling less than half the area median household income or where an individual has been unemployed for more than 90 days. Individuals who have qualified for unemployment benefits, experienced a reduction in household income, had other financial hardship due to COVID-19, or can demonstrate a risk of homelessness or housing instability can also apply. Any assistance received will not be treated as income. The act allows landlords and owners to assist renters in seeking grant money and allows the landlords to apply on behalf of a renter in their dwellings. If a landlord submits an application, the landlord must obtain the tenant’s signature either wet or electronic, provide the tenant a copy of the application and use any payments received to satisfy the tenant’s rental obligations. -
Unrepresented Buyer Acknowledgement
UNREPRESENTED BUYER ACKNOWLEDGEMENT This Unrepresented Buyer Acknowledgement (the “Acknowledgement”) is made by ____________________________________________________________________________ (“Buyer”) regarding the property located at _________________________________________________________ ______________________________________________________________________ (the “Property”). Redfin Corporation (“Redfin”) represents the seller of the Property. 1. BUYER IS UNREPRESENTED. Buyer is not currently represented by, or otherwise working with, a real estate agent. 2. REDFIN REPRESENTS SELLER ONLY, NOT BUYER. Redfin does not represent Buyer or Buyer’s interests. Redfin solely represents the interests of the seller of the Property. 3. NO AGENCY RELATIONSHIP WITH REDFIN. There is no agency relationship between Buyer and Redfin. In the course of representing the seller of the Property, Redfin may perform several real estate activities including, without limitation, the following: ● Answer questions about the Property; ● Hold open houses of the Property; ● Conduct tours of the Property; and ● Transcribe a prospective buyer’s offer terms into contract form (although Buyer agrees it remains Buyer’s sole responsibility to review, complete, understand, and sign such contracts). Neither those activities nor this Acknowledgement create an agency relationship between Buyer and Redfin. If, at a later date, Buyer would like to be represented by a Redfin agent in Buyer’s efforts to purchase this Property or a different property, then Buyer will enter an agency agreement with Redfin at that time. Unless and until Buyer enters an agency agreement with Redfin, Buyer understands and agrees that Redfin does not represent Buyer’s interests in the purchase of this Property or any other property. 4. OPPORTUNITY TO CONSULT WITH AGENT. Buyer understands that real estate transactions are complex and that real estate agents can provide valuable services in guiding their clients through the real estate transaction process. -
Residential Real Estate Conveyancing
BEST PRACTICE MANUAL Residential Real Estate Conveyancing The material is this manual is for illustration purposes only and is not to be copied or shared. Some of the information is compiled from the following sources: Continuing Legal Education Society Law Society of British Columbia of British Columbia Practical Legal Training Course Conveyancing Deskbook Real Estate Practice Manual The Society strongly recommends that its members subscribe to the CLE course materials noted above. ENCOURAGING BEST PRACTICE FOR BC NOTARIES 1 April 2009 Index RESIDENTIAL REAL Estate CONVEYANCING ................................................... 4 Introduction ..................................................................................................................4 Relying on Staff.............................................................................................................5 Talking to your Client .....................................................................................................5 Taking Instructions ........................................................................................................6 Scope of the Retainer ...................................................................................................7 Multiple Clients .............................................................................................................8 Consent/Conflict of Interest ..........................................................................................8 Independent Legal Advice ..........................................................................................11 -
Updated Requirements for Pre-Foreclosure Sales (PFS) and Deeds in Lieu (DIL) of Foreclosure
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC 20410-8000 ASSISTANT SECRETARY FOR HOUSING- FEDERAL HOUSING COMMISSIONER July 10, 2014 Mortgagee Letter 2014-15 To All FHA-Approved Mortgagees Servicing Single Family Mortgages Subject Updated Requirements for Pre-Foreclosure Sales (PFS) and Deeds in Lieu (DIL) of Foreclosure Purpose This Mortgagee Letter sets forth the Department’s policies on Pre-Foreclosure Sales and Deed In Lieu transactions. This Mortgagee Letter also describes: Requirements for real estate agents and brokers participating in PFS transactions; An initial listing period requirement for PFS transactions; Updated sample language for the PFS Addendum; Documentation requirements for verifying assets, income, and expenses; Use of the Deficit Income Test (DIT); The elimination of the financial hardship/deficit income PFS requirement for a servicemember who has received Permanent Change of Station (PCS) Orders; Validation requirements for appraisals; The criteria under which the Department will permit non-arms-length PFS transactions; and The minimum marketing period for all PFS transactions. Effective Date Mortgagees must implement the requirements in this Mortgagee Letter for all new Approvals to Participate (ATPs) no later than October 1, 2014. Affected Policy This Mortgagee Letter supersedes in its entirety Mortgagee Letter 2013-23, Updated Pre-Foreclosure Sale (PFS) and Deed in Lieu (DIL) of Foreclosure Requirements, published on July 9, 2013. The policies set forth in this Mortgagee Letter also supersede, where in conflict, Mortgagee Letters 2013- 34, 2008-43, 2002-13, and 2000-05. All other requirements of Mortgagee Letters 2008-43, 2002-13, and 2000-05 remain in effect. Priority Order If none of FHA’s loss mitigation home retention options are available or of PFS and DIL appropriate, the mortgagee must evaluate the borrower for a non-home retention option. -
Flat Fee / Limited Service Disclosure / Limitation Of
FLAT FEE / LIMITED SERVICE DISCLOSURE / LIMITATION OF LIABILITY Flat Fee Discount Realty, Real Estate Brokerage is offering a Limited Service Listing, the following services will/will not be provided: *Comparative Market Analysis (CMA) will be provided upon request. *Your property will be listed in the Multiple Listing Service (MLS) with an Exclusive Right to Sell Listing Agreement. The MLS will not allow multiple Brokers to post the same property in the MLS at the same time. You will be exclusively listed with us. *Cooperating Brokers (Realtors) have permission and authority to make appointments and ask questions directly with you. Your private contact information will be posted in the MLS for only Realtors to view using their password. Once your property is posted in the MLS system, that data automatically downloads into other Realty websites including Realtor.com. How the information is ultimately posted on other websites is beyond our control. Realtor.com (& other Real Estate websites) sell zip codes to local Buyer Representatives (Realtors) in your area, so Buyer inquiries will go directly to that Realtor. The MLS guidelines prohibit private information from being posted on their website (MLS). If a Buyer is interested in your property, the Buyer will contact their Realtor so the Realtor can use their password to look up your private contact information in the MLS. Our ultimate goal is to have Realtors help bring you a qualified Buyer. *You name the price, terms and commission; you advertise and show yourself. Obtain your own buyer and pay no selling commission. * Flat Fee Discount Realty is available to accept delivery of Offers to Purchase your property, submit Counteroffers, provide a Seller’s Closing Cost Estimate and answer any questions relating to Real Estate transactions that are presented by a Buyer’s Realtor (Selling Broker) upon request. -
Wb-1 Residential Listing Contract - Exclusive Right to Sell
Approved by the Wisconsin Real Estate Examining Board Page 1 of 6, WB-1 7-1-16 (Mandatory Use Date) WB-1 RESIDENTIAL LISTING CONTRACT - EXCLUSIVE RIGHT TO SELL 1 SELLER GIVES THE FIRM THE EXCLUSIVE RIGHT TO SELL THE PROPERTY ON THE FOLLOWING TERMS: 2 ■ PROPERTY DESCRIPTION: Street address is: ______________________________________________________ 3 _______________________________________________________________________________________________ 4 in the _________________ of ________________________________, County of _____________________________, 5 Wisconsin. Insert additional description, if any, at lines 303-308 or attach as an addendum per lines 309-310. 6 ■ INCLUDED IN LIST PRICE: Seller is including in the list price the Property, all Fixtures not excluded on lines 12-14, 7 and the following items: ___________________________________________________________________________ 8 _______________________________________________________________________________________________ 9 _______________________________________________________________________________________________ 10 _______________________________________________________________________________________________ 11 ______________________________________________________________________________________________. 12 ■ NOT INCLUDED IN LIST PRICE: __________________________________________________________________ 13 _______________________________________________________________________________________________ 14 ______________________________________________________________________________________________. -
EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT SELLER AGENCY TRANSACTION-BROKERAGE Date
The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (LC50-6-19) (Mandatory 1-20) DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE BUYER AGENCY, SELLER AGENCY OR TRANSACTION-BROKERAGE. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT SELLER AGENCY TRANSACTION-BROKERAGE Date: 1. AGREEMENT. Seller and Brokerage Firm enter into this exclusive, irrevocable contract (Seller Listing Contract) and agree to its provisions. Broker, on behalf of Brokerage Firm, agrees to provide brokerage services to Seller. Seller agrees to pay Brokerage Firm as set forth in this Seller Listing Contract. 2. BROKER AND BROKERAGE FIRM. 2.1. Multiple-Person Firm. If this box is checked, Broker (as defined below) is the individual designated by Brokerage Firm to serve as the broker of Seller and to perform the services for Seller required by this Seller Listing Contract. If more than one individual is so designated, then references in this Seller Listing Contract to Broker include all persons so designated, including substitute or additional brokers. The brokerage relationship exists only with Broker and does not extend to the employing broker, Brokerage Firm or to any other brokers employed or engaged by Brokerage Firm who are not so designated. 2.2. One-Person Firm. If this box is checked, Broker (as defined below) is a brokerage firm with only one licensed. References in this Seller Listing Contract to Broker or Brokerage Firm mean both the licensed person and brokerage firm who shall serve as the Broker of Seller and perform the services for Seller required by this Seller Listing Contract. -
Code of Colorado Regulations
F. Use of Commission Approved Forms F-1 Permitted and Prohibited Form Modifications (a) No modifications shall be made to a Commission-approved form by a broker except as provided in rules promulgated by the Commission and as set forth in this Rule F-1 through F-7. For purposes of Rule F-1 through F-7, the term “Commission-approved form” means any form promulgated by the Commission; the term “broker” shall also include brokerage firm. (b) A broker may add its firm name, address, telephone, e-mail, trademark or other identifying information on a Commission-approved form. (c) A broker may add initial lines at the bottom of a page of any Commission-approved form. (d) Any deletion to the printed body of a Commission-approved form, or any “Additional Provision” or “Addenda” which by its terms serves to amend or delete portions of the approved language, must result from negotiations or the instruction(s) of a party to the transaction and must be made directly on the printed body of the form by striking through the amended or deleted portion in a legible manner that does not obscure the deletion that has been made. (e) Blank spaces on a Commission-approved form may be lengthened or shortened to accommodate the applicable data or information. (f) Provisions that are inserted into blank spaces must be printed in a style of type that clearly differentiates such insertions from the style of type used for the Commission-approved form language. (g) A broker may omit part or all of the following provisions of the “Contract to Buy and Sell Real Estate” , or corresponding provisions in other Commission-approved forms, if such provisions do not apply to the transaction.