Thursday 25 March 2010

property law hour two

new
unconscionable contract terms
rationale
fair for seller has read it
subagent tries to bind broker agent
sales person appropriate person
granted fm seller point of view
argument against
in fairness

signature earned acceptance
179 case
broker not entitled
nice try no cigar

procuring
break in the chain of events
prospective buyer a house
promissory estoppel

reliance reasonable
today oral listing reliance unlikely
http://en.wikipedia.org/wiki/Estoppel
higher the sales price higher the commision

buyer wants lowest price
less comission
so the worst deal you get me---the more money you make!!!

incentivize deal
2% at listing
3% if at below listing price
win-win

brokers net listing
to peers look like an idiot
some will because
  . . .
ethical problems in the listing
multiple listing service
as another kind of listing

what it really is is a service provided by the local real estate board
MLS
celebrity
high end
re:burglars, nosy neighbors

trust account
advertising expense
whatever agreed upon in attempting to market property
advanced fee addendum
p 188
becoming common
http://www.real-estate-investment.net/advance-fee-addendum.html
an option is a contract
buyers who would be speculators
exercise independent appraisal
preemption
rt of first refusal
connections of listings
option of purchasing the property at the agreed upon price
agreed fair market value
buying your property!!!!
price favorable to me!!!

disclose problems as well
first tuesday

split commissions
stat of frauds
pers
prop
service contract
if takes more than a year
year and a day
co-op agmt not in writing
RE purchase contract

residential and joint escrow
an offer from
the buyer
the seller is inviting offers
some buyers think it is
acceptance is paragraph thirty three

no pest control inspection
county tax lower than city
often pays both but its negotiable
HOA
unless negotiable.

Megan's Law offender disclosure
call # or website disclosure.

illegal redlining.
hold law los angeles
assemblyperson sponsored.

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