Property Management Overview

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Questions and Answers

Match the type of property ownership with its characteristic:

Sole proprietorship = Most common form of business entity Business syndicate = Group of investors pooling capital Corporation = Ownership through stock shares Limited liability company (LLC) = Protects personal assets from business debts

Match the type of business with its feature:

Sole proprietorship = Unlimited liability Business syndicate = Common types include LLC and trusts Corporation = Dividends distributed to shareholders Limited partnership = Some partners have limited liability

Match the term with its definition:

Unlimited liability = Owner's personal liability for business debts Syndicator = Organizer of an investment syndicate Articles of incorporation = Document establishing a corporation Closely-held corporation = Company with few shareholders

Match the advantage or disadvantage with the property ownership type:

<p>Sole proprietorship = Complete control over operations Business syndicate = Access to more expensive properties Corporation = Limited control and privacy LLC = Personal assets protected</p> Signup and view all the answers

Match the following business types with their liability characteristics:

<p>Sole proprietorship = Unlimited liability General partnership = Each partner responsible for debts Limited liability company (LLC) = Limited liability for members Corporation = Shareholder liability limited to investment</p> Signup and view all the answers

Match the following terms with their definitions:

<p>Special agent = An agent who has limited authority to do a specific thing or conduct a specific transaction Fiduciary = A person who stands in a special position of trust and confidence in relation to someone else Independent contractor = A person hired to perform a task and use his own judgment in completing it Trustee = A person who holds legal title to property on behalf of beneficiaries</p> Signup and view all the answers

Match the following fiduciary duties with their descriptions:

<p>Care and skill = Performing duties with competence and attention Loyalty = Putting the interests of the principal above one’s own Obedience = Following the lawful instructions of the principal Disclosure of material facts = Revealing important information that could affect the principal's decision</p> Signup and view all the answers

Match the following terms with their corresponding roles:

<p>Employee = A person hired to perform tasks under close supervision Fee manager = A property manager who usually works as an independent contractor Principal = The person who delegates authority to the agent Agent = A person authorized to act on behalf of the principal</p> Signup and view all the answers

Match the following responsibilities with their applicable roles:

<p>Property manager = To manage the financial and physical aspects of a client's property Trustee = To hold and manage property on behalf of beneficiaries Employer = To supervise and control the work of an employee Agent = To act within the scope of their authority as delegated by the principal</p> Signup and view all the answers

Match the following types of agents with their characteristics:

<p>General agent = Has broad authority to act on behalf of the principal Special agent = Has limited authority for specific tasks or transactions Universal agent = Has the authority to perform any acts on behalf of the principal Specific agent = Authorized only for particular tasks outlined by the principal</p> Signup and view all the answers

Flashcards

Sole Proprietorship

A business entity solely owned by one person. It offers a simple and cost-effective way to set up a business.

Unlimited Liability

When a business owner is personally responsible for all the business's debts and obligations, even if it exceeds their personal assets.

Business Syndicate

A group of investors who combine their capital to invest in a property. They usually establish a business entity to hold the title.

Corporation

A business structure where ownership is divided into shares (stock) and individuals who purchase shares are called shareholders.

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Closely-Held Corporation

A corporation with few shareholders, often family-owned or private.

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Special Agent

An agent with limited authority to perform specific tasks or conduct specific transactions.

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Fiduciary

A person in a position of trust and confidence, obligated to act in the best interest of another.

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Independent Contractor

A person hired to perform a specific task and use their own judgment in completing it. They are not controlled by the employer.

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Employee

A person hired to perform a task under the employer's supervision and control. They are controlled by the employer.

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Trustee

The legal title to a property is held by a trustee who manages it on behalf of the beneficiaries. Usually occurs within a financial institution.

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Study Notes

Learning Objectives

  • Students will be able to contrast ownership, liability, and management characteristics of business entities employing a property manager
  • Students will be able to explain the agency relationship between a property manager and client, and list fiduciary duties
  • Students will be able to distinguish between independent contractors and employees
  • Students will be able to explain the steps involved in developing a management proposal
  • Students will be able to describe property manager's responsibilities and property owner's obligations in a property management agreement
  • Students will be able to discuss manager's obligations in establishing and maintaining a system for client records and reports
  • Students will be able to analyze what happens when a management agreement is terminated naturally or prematurely by a party

Suggested Lesson Plan

  • Students should review Exercise 3.1 and the previous chapter, "The Economics of Real Estate Investment"
  • Students should receive an overview of Chapter 3, "Working with Management Clients," and a review of chapter learning objectives

Types of Property Owners

  • Sole Proprietorship: Owned by one individual, easy to form. Advantages: low administrative and legal costs, complete control. Disadvantages: limited resources, unlimited liability.
  • General Partnerships: Two or more owners. Advantages: Relatively easy to set up. Disadvantages: unlimited liability
  • Corporations: An entity separate from its owners. Advantages: limited liability. Disadvantages: double taxation, more complex to set up.
  • Limited Partnerships: Two or more partners. General partners actively participate, limited partners have limited liabilities.
  • Limited Liability Companies (LLCs): Combines advantages of corporations and general partnerships, with limited liability and relative ease of formation.
  • Trusts: Managed by trustees, for the benefit of beneficiaries. One or more owners.
  • Joint Ventures: Temporary business arrangements for a specific project. May be similar to partnerships.
  • Agency relationship: Exists when one person authorizes another to represent him in dealings.
  • Employment status: The way the property manager is employed (e.g., contractor, employee).
  • Trustee: Holds legal title to property, responsible for management on behalf of beneficiaries.

Key Concepts

  • Fiduciary Duty: Duty of utmost good faith, loyalty, and confidentiality toward the principal.
  • Principal: The party who authorizes the agent.
  • Agent: The party who acts on behalf of the principal.
  • Third Party; Not involved in agency relationship but may deal with one of the parties

Working with a New Client

  • Developing a Management Proposal
  • Identifying Client Goals
  • Evaluating the Property
  • Preparing a Management Proposal

Management Agreement

  • Contract between property owner and manager. Defines the working relationship. Contains terms and conditions.
  • Includes manager compensation, responsibilities, and owner obligations
  • Includes a definite termination date
  • Discusses what occurs if management agreement expires or terminates.

Communicating with the Client

  • Reports; Required by agreement, frequency depends on client's involvement.
  • Keeping in touch; via email, phone, or in-person meetings.
  • Consultation and Decision Making; involving client on non-routine decisions

Terminating a Manager-Client Relationship

  • Handover process
  • Returning keys.
  • Transfer of records and financial accounts.
  • Addressing potential damages or breaches.
  • Contractual agreements defining expiration or termination.

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