the residential real estate sales process

76
THE RESIDENTIAL SALE BUSHARI GROUP REAL ESTATE

Upload: bushari

Post on 09-Feb-2017

714 views

Category:

Real Estate


0 download

TRANSCRIPT

Page 1: The Residential Real Estate Sales Process

THE RESIDENTIAL SALEBUSHARI GROUP REAL ESTATE

Page 2: The Residential Real Estate Sales Process

TEXT

ACCREDITED BUYER’S REPRESENTATIVE

Through REBAC, real estate professionals can hone their skills in representing the needs of home buyers in real estate transactions and earn the coveted Accredited Buyer’s Representative (ABR®) designation. In addition to providing comprehensive training in buyer representation, REBAC helps its members maintain their superior skills and develop their business opportunities through continuing real estate education, updates on issues and trends, marketing tools, membership events, consumer awareness campaigns and more.

Page 3: The Residential Real Estate Sales Process

HOME PURCHASE OVERVIEW

INITIAL INTERVIEW

PRE-APPROVAL

PREVIEW PROPERTIES

OFFER TO PURCHASE

ACCEPTED OFFER

DUE DILLIGENCE

READY FOR P&S

NEGOTIATIONS

CREDIT CHECK

ISSUES

PURCHASE & SALE

LOAN APPLICATION

APPRAISAL

TITLE & DEED REVIEW

LOAN APPROVAL

CLEAR TO CLOSE

COMMENCEMENT

UNDERWRITING

NEGOTIATIONS

$

$

$

THE SEARCH PHASE THE PURCHASE PHASE

Page 4: The Residential Real Estate Sales Process

INITIAL INTERVIEW

THE INITIAL INTERVIEW - OVERVIEW

OBJECTIVES ADVANCE THE SALES FUNNEL

QUALIFY THE BUYER: READY, WILLING AND ABLE

SET EXPECTATIONS

ASSESS NEEDS AND WANTS

ESTABLISH RELATIONSHIP

BUILD RAPPORT

ASK FOR REFERRALS

FOR BUSHARI AGENTS ONLY

Page 5: The Residential Real Estate Sales Process

INITIAL INTERVIEW

MANDATORY CONSUMER LICENSEE RELATIONSHIP DISCLOSURE

WHEN? FIRST FACE TO FACE MEETING

BEFORE DISCUSSING A SPECIFIC PROPERTY

WHY? 70% OF SELLERS SAID AGENT REPRESENTS THEM

70% OF BUYERS SAID AGENT REPRESENTS THEM

CONSUMER PROTECTION

ESTABLISHES THE NATURE OF RELATIONSHIP & FIDUCIARY OBLIGATIONS

Page 6: The Residential Real Estate Sales Process

INITIAL INTERVIEW

FIDUCIARY OBLIGATIONS

PRINCIPAL CLIENT BROKER OF RECORD

FIDUCIARY DUTIES ARE THE HIGHEST DUTIES RECOGNIZED BY THE LAW. AS A FIDUCIARY, A REAL ESTATE BROKER WILL BE HELD UNDER THE LAW TO OWE CERTAIN SPECIFIC DUTIES TO HIS PRINCIPAL (CLIENT), IN ADDITION TO ANY DUTIES OR OBLIGATIONS SET FORTH IN A LISTING AGREEMENT OR OTHER CONTRACT OF EMPLOYMENT.

AGENT SALESPERSON OWES FIDUCIARY OBLIGATIONS TO PRINCIPAL

YOU BECOME AN AGENT THROUGH THE EXECUTION OF A WRITTEN AGREEMENT, OR BY A COURSE OF CONDUCT!

Page 7: The Residential Real Estate Sales Process

INITIAL INTERVIEW

FIDUCIARY OBLIGATIONS

“AGENCY” OBEDIENCE

LOYALTY

DISCLOSURE

CONFIDENTIALITY

ACCOUNTING

REASONABLE CARE AND DILIGENCE

EASY TO REMEMBER ACRONYM: OLD CAR

Page 8: The Residential Real Estate Sales Process

INITIAL INTERVIEW

FIDUCIARY OBLIGATIONS

OBEDIENCE AN AGENT IS OBLIGATED TO OBEY PROMPTLY AND EFFICIENTLY ALL LAWFUL INSTRUCTIONS OF HIS PRINCIPAL.

DOES NOT INCLUDE AN OBLIGATION TO OBEY ANY UNLAWFUL INSTRUCTIONS.

Page 9: The Residential Real Estate Sales Process

INITIAL INTERVIEW

FIDUCIARY OBLIGATIONS

LOYALTY UNDIVIDED LOYALTY.

ACT AT ALL TIMES SOLELY IN THE BEST INTERESTS OF HIS OR HER PRINCIPAL TO THE EXCLUSION OF ALL OTHER INTERESTS, INCLUDING THE BROKER’S OWN SELF-INTEREST.

AVOIDS CONFLICT OF INTEREST.

CAN ONLY BE LOYAL TO ONE SIDE IN ONE TRANSACTION.

Page 10: The Residential Real Estate Sales Process

INITIAL INTERVIEW

FIDUCIARY OBLIGATIONS

DISCLOSURE FULL DISCLOSURE.

AN AGENT IS OBLIGATED TO DISCLOSE TO HIS PRINCIPAL ALL RELEVANT AND MATERIAL INFORMATION THAT THE AGENT KNOWS AND THAT PERTAINS TO THE SCOPE OF THE AGENCY.

MUST DISCLOSE TO THE SELLER ANY INFORMATION THAT MIGHT AFFECT THE SELLER’S ABILITY TO OBTAIN THE HIGHEST PRICE AND BEST TERMS IN THE SALE OF HIS PROPERTY.

MUST DISCLOSE TO THE BUYER ANY INFORMATION THAT WOULD AFFECT THE BUYER’S ABILITY TO OBTAIN THE PROPERTY AT THE LOWEST PRICE AND ON THE MOST FAVORABLE TERMS.

MUST DISCLOSE MATERIAL FACTS TO NON-PRINCIPAL.

MATERIAL FACT IS A FACT WHICH EXPRESSION (CONCEALMENT) WOULD REASONABLY RESULT IN A DIFFERENT DECISION

Page 11: The Residential Real Estate Sales Process

INITIAL INTERVIEW

FIDUCIARY OBLIGATIONS

CONFEDINTIALITY AN AGENT IS OBLIGATED TO SAFEGUARD HIS PRINCIPAL’S CONFIDENCE AND SECRETS.

MUST KEEP CONFIDENTIAL ANY INFORMATION THAT MIGHT WEAKEN HIS PRINCIPAL’S BARGAINING POSITION IF IT WERE REVEALED.

CONFIDENTIALITY IS THE ONLY OBLIGATION THAT DOESN’T END AT THE CLOSING!

Page 12: The Residential Real Estate Sales Process

INITIAL INTERVIEW

FIDUCIARY OBLIGATIONS

ACCOUNTING AN AGENT IS OBLIGATED TO ACCOUNT FOR ALL MONEY AND PROPERTY BELONGING TO HIS PRINCIPAL THAT IS ENTRUSTED TO HIM.

SAFEGUARD ANY MONEY, DEEDS, OR OTHER DOCUMENTS ENTRUSTED TO HIM THAT RELATE TO HIS CLIENT’S TRANSACTIONS OR AFFAIRS.

PERFORM NET SHEET FOR SELLERS.

CALCULATE MORTGAGE PAYMENTS FOR BUYERS.

CALCULATE RETURN ON INVESTMENT FOR INVESTORS.

Page 13: The Residential Real Estate Sales Process

INITIAL INTERVIEW

FIDUCIARY OBLIGATIONSREASONABLE CARE

AND DILIGENCE AN AGENT IS OBLIGATED TO USE REASONABLE CARE AND DILIGENCE IN PURSUING THE PRINCIPAL’S AFFAIRS.

STANDARD OF CARE IS OF A COMPETENT REAL ESTATE BROKER.

DUTY TO USE HIS SUPERIOR SKILL AND KNOWLEDGE.

OBLIGATION TO AFFIRMATIVELY DISCOVER FACTS AND INVESTIGATE.

DUTY SIMILAR TO THE DOCTOR’S OR LAWYER’S DUTY TO THEIR CLIENTS.

DUTY TO PROTECT THE CLIENT’S PROPERTY, EVEN WITHOUT THE CLIENT’S PERMISSION.

LACK OF DILIGENCE IS THE MAIN REASON FOR LAW SUITS!

Page 14: The Residential Real Estate Sales Process

INITIAL INTERVIEW

TYPES OF RELATIONSHIPS

SELLER / BUYER AGENT FIDUCIARY OBLIGATIONS TO SELLER / BUYER (CLIENT)

DUTY TO TREAT ALL PERSONS HONESTLY AND FAIRLY

SKILL AND EXPERTISE

MUST DISCLOSE MATERIAL FACTS

FACILITATOR NO FIDUCIARY OBLIGATIONS (CUSTOMER)

DUTY TO TREAT ALL PERSONS HONESTLY AND FAIRLY

REASONABLE SKILL AND EXPERTISE, ACCOUNTING

Page 15: The Residential Real Estate Sales Process

INITIAL INTERVIEW

TYPES OF RELATIONSHIPS

DUAL AGENCY OFFICE ALL AGENTS REPRESENTING ALL OFFICE’S CLIENTS

AGENTS HAVE IMPLIED KNOWLEDGE ABOUT ALL TRANSACTIONS

LOW LEVEL OF REPRESENTATION

BROKER OF RECORD HAS IMPLIED KNOWLEDGE

DESIGNATED AGENCY OFFICE BROKER DESIGNATES AGENT TO REPRESENT SPECIFIC CLIENT

OTHER AGENTS DON’T HAVE IMPLIED KNOWLEDGE

HIGH LEVEL OF REPRESENTATION

Page 16: The Residential Real Estate Sales Process

INITIAL INTERVIEW

TYPES OF RELATIONSHIPS

BROKER OF RECORD

AGENT A AGENT B

SELLERS BUYER SELLERS BUYER

IMPLIED KNOWLEDGE: A LEGAL CONCEPT THAT HOLDS AS A COMMON UNDERSTANDING THAT A MATERIAL FACT OR INFORMATION KNOWN BY A PRINCIPAL HAS BEEN PASSED ON TO AND THEREFORE IS KNOWN BY AN AGENT, AND VICE VERSA.

Page 17: The Residential Real Estate Sales Process

INITIAL INTERVIEW

TYPES OF RELATIONSHIPS

BROKER OF RECORD

SELLER’S AGENT BUYER’S AGENT

SELLERS BUYER

DUAL AGENCY

Page 18: The Residential Real Estate Sales Process

INITIAL INTERVIEW

TYPES OF RELATIONSHIPS

BROKER OF RECORD

SELLER’S AGENT BUYER’S AGENT

SELLERS BUYER

DESIGNATED AGENCY

Page 19: The Residential Real Estate Sales Process

INITIAL INTERVIEW

MANDATORY CONSUMER LICENSEE RELATIONSHIP DISCLOSURE

Page 20: The Residential Real Estate Sales Process

INITIAL INTERVIEW

MANDATORY CONSUMER LICENSEE RELATIONSHIP DISCLOSURE

Page 21: The Residential Real Estate Sales Process

INITIAL INTERVIEW

MANDATORY CONSUMER LICENSEE RELATIONSHIP DISCLOSURE

Page 22: The Residential Real Estate Sales Process

INITIAL INTERVIEW

MANDATORY CONSUMER LICENSEE RELATIONSHIP DISCLOSURE

Page 23: The Residential Real Estate Sales Process

INITIAL INTERVIEW

MANDATORY CONSUMER LICENSEE RELATIONSHIP DISCLOSURE

Page 24: The Residential Real Estate Sales Process

INITIAL INTERVIEW

MANDATORY CONSUMER LICENSEE RELATIONSHIP DISCLOSURE

Page 25: The Residential Real Estate Sales Process

INITIAL INTERVIEW

CONSENT TO DESIGNATED AGENCY

WHEN? FIRST FACE TO FACE MEETING

BEFORE SHOWING AN “IN-HOUSE” LISTING

WHY? GIVE PERMISSION FOR THE OTHER AGENT TO REPRESENT THE OTHER SIDE.

GIVE PERMISSION FOR YOU TO REMAIN THE CLIENT’S AGENT AND TO ACT AS IF THE OTHER AGENT IS FROM ANOTHER OFFICE.

ELEVATES THE RELATIONSHIP WITH YOUR CLIENT

Page 26: The Residential Real Estate Sales Process

INITIAL INTERVIEW

CONSENT TO DESIGNATED AGENCY

Page 27: The Residential Real Estate Sales Process

INITIAL INTERVIEW

CONSENT TO DESIGNATED AGENCY

Page 28: The Residential Real Estate Sales Process

INITIAL INTERVIEW

NOTICE OF DESIGNATED AGENCY

WHEN? AT OR BEFORE AN “IN-HOUSE” PREVIEW

MUST BE SIGNED BY BUYER, SELLER, AND BOTH AGENTS

WHY? WHEN THE CONSENT WAS GIVEN, IT WAS A HYPOTHETICAL SCENARIO, NOW IT’S REAL.

BUYER OR SELLER MUST KNOW THAT THE BROKER OF RECORD WON’T BE ABLE TO REPRESENT THEM IN THIS PARTICULAR TRANSACTION, SHOULD THEY DECIDE TO MOVE FORWARD WITH AN OFFER.

A REMINDER TO THE CLIENT.

Page 29: The Residential Real Estate Sales Process

INITIAL INTERVIEW

NOTICE OF DESIGNATED AGENCY

Page 30: The Residential Real Estate Sales Process

INITIAL INTERVIEW

NOTICE OF DESIGNATED AGENCY

Page 31: The Residential Real Estate Sales Process

INITIAL INTERVIEW

CONSENT TO DUAL AGENCY

WHEN? FIRST FACE TO FACE MEETING

BEFORE SHOWING YOUR LISTING TO YOUR BUYER

WHY? OWING FIDUCIARY OBLIGATIONS TO BOTH PARTIES IS A REAL CONFLICT.

PROTECTS BOTH CLIENTS FROM SHARING UNNECESSARY INFORMATION WITH YOU.

THIS IS ONE OF THE MAIN REASONS FOR BROKERS TO LOSE THEIR LICENSE.

THIS IS A HUGE LEVERAGE AGAINST YOUR COMMISSION.

Page 32: The Residential Real Estate Sales Process

INITIAL INTERVIEW

CONSENT TO DUAL AGENCY

Page 33: The Residential Real Estate Sales Process

INITIAL INTERVIEW

CONSENT TO DUAL AGENCY

Page 34: The Residential Real Estate Sales Process

INITIAL INTERVIEW

NOTICE OF DUAL AGENCY

WHEN? AT OR BEFORE A PREVIEW AT YOUR LISTING, WITH YOUR BUYER

MUST BE SIGNED BY BUYER, SELLER, AND AGENT

WHY? WHEN THE CONSENT WAS GIVEN, IT WAS A HYPOTHETICAL SCENARIO, NOW IT’S REAL.

BUYER OR SELLER MUST KNOW THAT YOU, THEIR AGENT, WON’T BE ABLE TO REPRESENT THEM IN THIS PARTICULAR TRANSACTION, SHOULD THEY DECIDE TO MOVE FORWARD WITH AN OFFER.

A REMINDER TO THE CLIENT.

Page 35: The Residential Real Estate Sales Process

INITIAL INTERVIEW

NOTICE OF DUAL AGENCY

Page 36: The Residential Real Estate Sales Process

INITIAL INTERVIEW

NOTICE OF DUAL AGENCY

Page 37: The Residential Real Estate Sales Process

INITIAL INTERVIEW

BUYER’S REPRESENTATION AGREEMENT

WHEN? AS SOON AS POSSIBLE, IDEALLY AT THE FIRST MEETING

SCOPE OF WORK IS OUTSIDE OF MLS

WHY? MEET THE LEVEL OF COMMITMENT

LIMITS THE AGENT’S RESPONSIBILITIES

TAKE A STEP FURTHER IN THE SALE’S FUNNEL

PREVENT OTHER REALTORS FROM INTERFERING

FOR BUSHARI AGENTS ONLY

Page 38: The Residential Real Estate Sales Process

INITIAL INTERVIEW

BUYER’S REPRESENTATION AGREEMENT

Page 39: The Residential Real Estate Sales Process

INITIAL INTERVIEW

BUYER’S REPRESENTATION AGREEMENT

Page 40: The Residential Real Estate Sales Process

INITIAL INTERVIEW

BUYER’S REPRESENTATION AGREEMENT

Page 41: The Residential Real Estate Sales Process

INITIAL INTERVIEW

BUYER’S REPRESENTATION AGREEMENT

Page 42: The Residential Real Estate Sales Process

PRE APPROVAL

PRE APPROVAL

WHEN? BEFORE PREVIEWING PROPERTIES

AS EARLY AS POSSIBLE

WHY?

SHOULD HAVE PRIOR TO PRESENTING AN OFFER

DETERMINE PRICE RANGE

YOU WON’T SHOW PROPERTIES TO UNQUALIFIED BUYERS

MIGHT HAVE TIME TO FIX CREDIT ISSUES

REALTORS MUST VERIFY BUYERS’ PURCHASE ABILITY PRIOR TO SUBMITTING AN OFFER (CODE OF ETHICS VIOLATION)

Page 43: The Residential Real Estate Sales Process

PRE APPROVAL

PRE APPROVAL VS. PRE QUALIFICATION

PRE APPROVAL ACCURATE ESTIMATE OF WHAT THE BUYER CAN AFFORD

FULL CREDIT CHECK

PRE QUALIFICATION

STRENGTHENS OFFER

INACCURATE ESTIMATE OF BUYER’S PURCHASING POWER

ONLY A VERBAL DISCUSSION

MOST LIKELY TO BE REJECTED BY A SELLER

Page 44: The Residential Real Estate Sales Process

PREVIEWING PROPERTIES

PREVIEWING PROPERTIES

OBJECTIVES FIND THE RIGHT PROPERTY TO PURCHASE

BUILD RAPPORT

EDUCATE THE BUYERS

GET THE BUYER’S COMMITMENT

GET REFERRALS FROM THE BUYER

FIND LISTINGS OPPORTUNITIES

FOR BUSHARI AGENTS ONLY

Page 45: The Residential Real Estate Sales Process

PREVIEWING PROPERTIES

PREVIEWING PROPERTIES

WHERE TO LOOK MLS

LINK

FSBO, MAKE ME MOVE

EXPIRED AND CANCELED LISTINGS

DIRECT MAILERS

WORD OF MOUTH (WHEN YOU CALL YOUR COI)

FOR BUSHARI AGENTS ONLY

Page 46: The Residential Real Estate Sales Process

PREVIEWING PROPERTIES

PREVIEWING PROPERTIES

STEPS FIND THE PROPERTIES

SCHEDULE THE APPOINTMENT WITH THE SELLER’S AGENT

SEND A CONFIRMED SCHEDULE TO THE BUYERS

PRINT THE DESCRIPTIONS AND BRING TO THE MEETING

GET FEEDBACK FROM BUYERS (COMPARE TOP TWO)

ALWAYS BE CLOSING

FOR BUSHARI AGENTS ONLY

Page 47: The Residential Real Estate Sales Process

OFFER TO PURCHASE

OFFER TO PURCHASE

WHAT IS AN OFFER? BINDING, LEGAL AGREEMENT TO PURCHASE REAL ESTATE

THE INITIATION OF A NEGOTIATION ON A PROPERTY

A WRITTEN AGREEMENT

A TIME SENSITIVE AGREEMENT

IN REAL ESTATE, A CONTRACT MUST BE IN WRITING IN ORDER TO BE BINDING!

Page 48: The Residential Real Estate Sales Process

OFFER TO PURCHASE

OFFER TO PURCHASE

COMPONENTS DESCRIPTION OF THE PROPERTY

PRICE

TIMING

AMOUNT OF DEPOSITS

CONTINGENCIES

TERMS (CONCESSIONS, MONEY BACK, LEASE BACK)

Page 49: The Residential Real Estate Sales Process

OFFER TO PURCHASE

STEPS BEFORE MAKING AN OFFER

BUYER’S AGENT CMA

OBTAIN SELLER’S FINANCIAL MOTIVATION

OBTAIN SELLER’S TIME MOTIVATION

EVALUATE BUYER’S NEEDS FOR CONTINGENCIES

SIGN LEAD PAINT DISCLOSURE

PREPARE BUYERS FOR EARNEST MONEY DEPOSITS

FOR BUSHARI AGENTS ONLY

Page 50: The Residential Real Estate Sales Process

OFFER TO PURCHASE

EARNEST MONEY AND ESCROWWHERE DOES THE

MONEY GO? WHAT IS ESCROW ACCOUNT?

WHO IS THE ESCROW AGENT?

HOW CAN THE EARNEST MONEY BE RELEASED?

WHEN IS EARNEST MONEY DUE?

WHAT IS EARNEST MONEY IS USED FOR?

WHY IS EARNEST MONEY NECESSARY? (BIND A CONTRACT)

MASSACHUSETTS’ LAWS ARE EXTREMELY STRICT REGARDING ESCROW FUNDS AND HOW THE ARE HANDLED.

Page 51: The Residential Real Estate Sales Process

OFFER TO PURCHASE

OFFER TO PURCHASEWHAT TO THINK

ABOUT? TIMELINE OF THE TRANSACTION

WHAT IS INCLUDED IN THE SALE? (FIXTURES VS. PERSONAL)

WHAT IS EXCLUDED FORM THE SALE?

WHAT CONTINGENCIES WILL THE BUYER NEED?

DOES THE BUYER NEED TO MOVE IN BEFORE THE CLOSING?

DOES THE SELLER NEED TO MOVE OUT AFTER THE CLOSING?

OUR OBJECTIVE IS TO PROTECT THE BUYER’S EARNEST MONEY, AND THEN THE TRANSACTION. THIS IS YOUR TIME TO SHINE!

FOR BUSHARI AGENTS ONLY

Page 52: The Residential Real Estate Sales Process

OFFER TO PURCHASE

CONTINGENCIESWHAT ARE

CONTINGENCIES? IMPORTANCE OF CONTINGENCIES

BACK DOOR

CAN THE BUYER USE CONTINGENCIES TO GET OUT OF A DEAL?

TYPES OF CONTINGENCIES

SETS THE BOUNDARIES OF THE TRANSACTION

LIMITS FINANCIAL EXPOSURE

Page 53: The Residential Real Estate Sales Process

OFFER TO PURCHASE

INSPECTION CONTINGENCY

WHY? SETS A LIMIT ON THE BUYERS FINANCIAL EXPOSURE ON REPAIRS

BACK DOOR

CAN THE BUYER USE CONTINGENCIES TO GET OUT OF A DEAL?

MUST BE DONE BY A DULY LICENSED MA INSPECTOR

COSTS $300-$700, PAID AT THE TIME OF INSPECTION

Page 54: The Residential Real Estate Sales Process

OFFER TO PURCHASE

MORTGAGE CONTINGENCY

WHY? PROTECTS THE EARNEST MONEY

NO FINANCING, NO DEAL

SETS THE EXPECTATIONS

CAN IT BE REMOVED?

Page 55: The Residential Real Estate Sales Process

OFFER TO PURCHASE

CONDO DOCUMENTS CONTINGENCY

WHY? KNOW WHERE YOU’RE BUYING

REVIEW HOW THE ASSOCIATION IS ESTABLISHED

REVIEW THE ASSOCIATION’S BUDGET

REVIEW THE ASSOCIATION’S MEETING MINUTES

WHAT TO BE AWARE OF? (LAW SUITS, MAJOR REPAIRS, NEIGHBORS)

REVEALS HOW THE ASSOCIATION IS OPERATING

Page 56: The Residential Real Estate Sales Process

OFFER TO PURCHASE

TRID ADDENDUM

WHY? NEW RESPA - TILA INTEGRATION ACT

AUTOMATIC EXTENSION IF CREDITOR FAILED TO GIVE NOTICE

SETS EXPECTATIONS

NOT A CONTINGENCY

Page 57: The Residential Real Estate Sales Process

OFFER TO PURCHASE

PROPERTY TRANSFER NOTIFICATION (LEAD PAINT)

WHY? PROTECTS UNBORN AND CHILDREN UNDER 6

PROPERTIES THAT WERE BUILT PRIOR TO 1978

BEFORE AN OFFER IS ACCEPTED

CANNOT BE WAIVED

SELLER’S RESPONSIBILITY

LIABILITY

WHEN?

MASSACHUSETTS’ LAWS ARE EXTREMELY STRICT REGARDING LEAD PAINT LAWS

OTHER CONSIDERATIONS

Page 58: The Residential Real Estate Sales Process

OFFER TO PURCHASE

OTHER CONSIDERATIONSTHINK OUT OF THE

BOX OPTION TO EXTEND

MOUNTED TV, BUILT IN SPEAKERS

COMMISSION PROTECTION CLAUSES

ACCESS PROVISIONS

SELLING AND BUYING SIMULTANEOUSLY, U&O

NEW CONSTRUCTION

WHEN IN DOUBT, PUT IT IN WRITING - ASSUME NOTHING!

FOR BUSHARI AGENTS ONLY

Page 59: The Residential Real Estate Sales Process

OFFER TO PURCHASE

WRITING AN OFFER

FORMS AGENCY DISCLOSURE

PRE APPROVAL / PROOF OF FUNDS

OFFER TO PURCHASE

CONTINGENCIES ADDENDUM & CONDO DOCS ADDENDUM

TRID ADDENDUM, ADDITIONAL ADDENDUM

LEAD PAINT DISCLOSURE

DEPOSIT CHECK (MAKE A COPY)

Page 60: The Residential Real Estate Sales Process

WRITING AN OFFER

OFFER TO PURCHASE REAL ESTATE

Page 61: The Residential Real Estate Sales Process

WRITING AN OFFER

OFFER TO PURCHASE REAL ESTATE

Page 62: The Residential Real Estate Sales Process

WRITING AN OFFER

CONTINGENCIES ADDENDUM

Page 63: The Residential Real Estate Sales Process

WRITING AN OFFER

CONTINGENCIES ADDENDUM

Page 64: The Residential Real Estate Sales Process

WRITING AN OFFER

CONDOMINIUM DOCUMENTS ADDENDUM

Page 65: The Residential Real Estate Sales Process

WRITING AN OFFER

TRID ADDENDUM

Page 66: The Residential Real Estate Sales Process

WRITING AN OFFER

TRID ADDENDUM

Page 67: The Residential Real Estate Sales Process

WRITING AN OFFER

PROPERTY TRANSFER NOTIFICATION (LEAD PAINT)

Page 68: The Residential Real Estate Sales Process

WRITING AN OFFER

PROPERTY TRANSFER NOTIFICATION (LEAD PAINT)

Page 69: The Residential Real Estate Sales Process

DUE DILIGENCE

WHAT IS DUE DILIGENCE?

WHEN? BETWEEN OFFER AND PURCHASE AND SALE AGREEMENT

REASONABLE STEPS TAKEN BY A PERSON IN ORDER TO SATISFY A LEGAL REQUIREMENT, ESPECIALLY IN BUYING OR SELLING SOMETHING.

WHAT? FINANCIAL EXPOSURE LIFESTYLE MEDICAL CONCERNS (SMOKING, ETC.)

YOU MUST KNOW YOUR CLIENT’S NEED WELL IN ORDER TO PROPERLY CONDUCT DUE DILIGENCE

Page 70: The Residential Real Estate Sales Process

DUE DILIGENCE

INSPECTION

WHAT TO LOOK FOR? STRUCTURAL DEFECTS (FOUNDATION, ROOF, SIDING, ETC.)

ELECTRICAL CONDITION (CODE, GROUND, SAFETY)

PLUMBING (CODE, FIXTURES, LEAKS)

HVAC (TYPE, CONDITION)

APPLIANCES (CONDITION)

ONGOING MAINTENANCE & LEARNING OPPORTUNITY

REAL ESTATE AGENTS MUSTN’T RECOMMEND AGAINST HOME INSPECTION!

FOR BUSHARI AGENTS ONLY

Page 71: The Residential Real Estate Sales Process

DUE DILIGENCE

CONDO DOCS, BUDGET AND MEETING MINUTES

WHAT TO LOOK FOR? RULES AND REGULATIONS

HIGH EXPENSES

EXPENSES THAT WERE NOT BUDGETED FOR

ASSOCIATION LOANS (USUALLY FOR MAJOR IMPROVEMENTS)

FUTURE ASSESSMENTS (VOTED OR UN-VOTED)

NEIGHBORS’ COMPLAINTS

ALWAYS SEND BUSHARI’S “QUESTIONS TO SELLER / MANAGER” FORM AFTER THE OFFER WAS ACCEPTED

FOR BUSHARI AGENTS ONLY

Page 72: The Residential Real Estate Sales Process

DUE DILIGENCE

REAL ESTATE ATTORNEY

WHY? ATTORNEY IS CRUCIAL DURING DUE DILIGENCE PHASE

ATTORNEY WILL WRITE THE P&S

THE OTHER SIDE WILL HAVE ONE

MORTGAGE COMPANY WILL REQUIRE ONE ANYWAY

VERY LOW COST

USUALLY FLAT FEE

REAL ESTATE AGENTS MUST NOT RECOMMEND AGAINST THE USE OF A REAL ESTATE ATTORNEY!

FOR BUSHARI AGENTS ONLY

Page 73: The Residential Real Estate Sales Process

PURCHASE AND SALE

PURCHASE AND SALE AGREEMENT

WHAT? FINAL PRICE AND TERMS

WAIVES CONTINGENCIES (NOT MORTGAGE)

LARGE EARNEST MONEY DEPOSIT

WRITTEN BY AN ATTORNEY

TIME IS OF THE ESSENCE

VERIFY THAT ALL OF THE SPECIAL PROVISIONS WERE ENTERED INTO THE P&S, DON’T TRUST THE ATTORNEY!

FOR BUSHARI AGENTS ONLY

Page 74: The Residential Real Estate Sales Process

MORTGAGE PROCESS OVERVIEW

PRE-APPROVAL

LOAN APPLICATION

LOAN ESTIMATE

LOAN APPROVAL

CLEAR TO CLOSE

COMMENCEMENT

UNDERWRITING

PHASE DOCUMENTS & TRIGGERSCREDIT CHECK, INITIAL INTERVIEW WITH CREDITOR

NAME, INCOME ADDRESS, VALUE, SSN, LOAN AMOUNT

CREDITOR MUST PROVIDE LOAN ESTIMATE WITHIN 3 BUSINESS DAYS

APPRAISAL, DOCS REVIEW, REQUEST FOR MORE DOCS

CLOSING DISCLOSURE ISSUED & DELIVERED 3 DAYS PRIOR TO COMMENCEMENT

LOAN IS FUNDED

TRANSACTION COMPLETED

Page 75: The Residential Real Estate Sales Process

FINALIZING THE TRANSACTION

WALKTHROUGH

WHEN? THE DAY OF, OR THE DAY BEFORE THE CLOSING, SOMETIMES EARLIER

VERIFY THAT THE PROPERTY IS IN THE SAME CONDITION

ALL SELLER’S BELONGINGS ARE CLEARED

ALL PUNCH LIST REPAIRS ARE COMPLETE

ALL APPLIANCES WORK

NOTHING IS MISSING (IF PERSONAL ITEMS WERE INCLUDED)

WHAT?

FOR BUSHARI AGENTS ONLY

Page 76: The Residential Real Estate Sales Process

FINALIZING THE TRANSACTION

COMMENCEMENT

WHERE? REGISTRY OF DEEDS, ATTORNEY’S OFFICE

BE THERE TO SUPPORT THE CLIENT

COLLECT YOUR COMMISSION

REQUEST A CLOSING DISCLOSURE

GIVE A CLOSING GIFT

ASK FOR REFERRALS

WHAT TO DO?

FOR BUSHARI AGENTS ONLY