Podcast
Questions and Answers
What is the minimum age required to obtain a real estate license?
What is the minimum age required to obtain a real estate license?
Which type of contract involves promises for promises?
Which type of contract involves promises for promises?
What is the primary purpose of an appraisal?
What is the primary purpose of an appraisal?
Which article of the REALTOR Code of Ethics deals with duties to customers?
Which article of the REALTOR Code of Ethics deals with duties to customers?
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What type of mortgage has an interest rate that can change over time?
What type of mortgage has an interest rate that can change over time?
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What is the term for the process of gradually paying off a debt?
What is the term for the process of gradually paying off a debt?
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What is a common type of encumbrance on a property?
What is a common type of encumbrance on a property?
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What is the primary purpose of disclosure in a real estate transaction?
What is the primary purpose of disclosure in a real estate transaction?
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Study Notes
Real Estate Law
-
Licensing Requirements:
- Age: 18 years old
- High school diploma or equivalent
- 63 hours of approved pre-licensing education
- Pass the state exam
-
Brokerage Relationships:
- Types: transaction broker, single agent, no brokerage relationship
- Disclosure requirements
-
Real Estate Contracts:
- Types: listing agreements, purchase agreements, lease agreements
- Essential elements: offer, acceptance, consideration, capacity
-
Property Rights:
- Types: fee simple, life estate, easements
- Encumbrances: mortgages, liens, encroachments
-
Real Estate Taxes:
- Types: ad valorem, non-ad valorem
- Tax implications for buyers and sellers
Contracts
-
Elements of a Valid Contract:
- Offer
- Acceptance
- Consideration
- Capacity
- Legality
-
Types of Contracts:
- Bilateral: promises for promises
- Unilateral: promise for an act
- Executory: promises for future performance
- Executed: fully performed
-
Real Estate Contract Provisions:
- Deposit requirements
- Financing contingencies
- Inspection contingencies
- Closing procedures
-
Contractual Rights and Obligations:
- Seller's obligations: disclosure, warranties
- Buyer's obligations: payment, inspection
Appraisal
-
Appraisal Methods:
- Sales Comparison Approach
- Cost Approach
- Income Approach
-
Appraisal Process:
- Inspection
- Data collection
- Analysis
- Report preparation
-
Appraisal Report:
- Contents: property description, value opinion, limitations
- Types: oral, written, self-contained
-
Appraisal Standards:
- USPAP (Uniform Standards of Professional Appraisal Practice)
Ethics
-
REALTOR Code of Ethics:
- Preamble: professionalism, fairness, integrity
- Articles: duties to clients, duties to customers, duties to REALTORS
-
Ethical Obligations:
- Confidentiality
- Disclosure
- Loyalty
- Accounting
-
Ethical Dilemmas:
- Conflict of interest
- Dual agency
- Misrepresentation
-
Penalties for Unethical Behavior:
- License suspension or revocation
- Fines
- Legal action
Financing
-
Types of Mortgages:
- Fixed-rate
- Adjustable-rate
- Government-backed (FHA, VA, USDA)
- Jumbo loans
-
Financing Options:
- Conventional financing
- Owner financing
- Hard money lending
-
Mortgage Process:
- Application
- Processing
- Underwriting
- Closing
-
Financing Terminology:
- Amortization
- APR (Annual Percentage Rate)
- PITI (Principal, Interest, Taxes, Insurance)
Real Estate Law
- To become a real estate agent, you must be at least 18 years old, have a high school diploma or equivalent, complete 63 hours of approved pre-licensing education, and pass the state exam.
- There are three types of brokerage relationships: transaction broker, single agent, and no brokerage relationship, which require specific disclosure requirements.
Contracts
- A valid contract must have five essential elements: offer, acceptance, consideration, capacity, and legality.
- There are four types of contracts: bilateral, unilateral, executory, and executed contracts.
- Real estate contracts include listing agreements, purchase agreements, and lease agreements, which require specific provisions like deposit requirements, financing contingencies, and inspection contingencies.
Appraisal
- The three main appraisal methods are the Sales Comparison Approach, Cost Approach, and Income Approach.
- The appraisal process involves inspection, data collection, analysis, and report preparation.
- An appraisal report includes a property description, value opinion, and limitations, and can be oral, written, or self-contained.
Ethics
- The REALTOR Code of Ethics is a set of principles for real estate professionals, including a preamble and articles outlining duties to clients, customers, and other REALTORS.
- Ethical obligations include maintaining confidentiality, disclosing relevant information, and being loyal to clients.
- Ethical dilemmas may arise from conflicts of interest, dual agency, and misrepresentation, and can result in penalties like license suspension or revocation, fines, and legal action.
Financing
- There are several types of mortgages, including fixed-rate, adjustable-rate, government-backed, and jumbo loans.
- Financing options include conventional financing, owner financing, and hard money lending.
- The mortgage process involves application, processing, underwriting, and closing, and requires an understanding of financing terminology like amortization, APR, and PITI.
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Description
Test your knowledge on real estate law, covering licensing requirements, brokerage relationships, contracts, and property rights.