Recover Money, Not the Property
See the three categories of money losses a buyer may recover from a breaching seller in lieu of ownership of the property in this latest episode.
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Category: Video
Preview the latest videos from our 20+ hour real estate video library.
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firsttuesday Video
Economic Motives in a Rising Market
In a “hot” real estate market, a seller’s desire to capitalize on soaring prices can motivate them to wrongfully cancel an existing contract in pursuit of a higher offer. See what happens in the second episode of this series!
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Failure to Act and Act Timely
In this series, we break down the critical steps every buyer agent must take to protect their buyer. From enforcing specific performance to calculating recoverable money losses, you’ll see how to navigate a seller’s breach with confidence and precision.
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When and How to Pay for Investigative Property Reports
See how the broker and their agent engineer a greater likelihood of a successful closing – and increase transaction transparency – by offsetting the fee earned on a sale by the amount of the seller’s cost of third-party investigative reports.
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The Seller’s Motivation to Sell
Watch how a seller’s willingness and financial ability to fund fundamental property disclosures serves as a critical indicator of their motivation to sell – and significantly impacts the agent’s risk of a failed transaction during the representation period.
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Staging Sets a Buyer’s Expectations
See how a buyer’s enforceable expectations about property conditions are set at the time a purchase agreement is entered into, and how buyer agents gravitate towards properties offered with investigative third-party reports and seller disclosures in a complete marketing package.
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The Seller’s Costs to Properly Market their Property for Sale
See how third-party investigative reports transform the marketability of your seller’s property by taking the “what ifs” out of real estate.
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Placing Signs Off-Site
Placing real estate signs on private or public property without permission is a misdemeanor public nuisance in California, making the broker liable for local government enforcement and penalties under the Penal Code. Knowledge of the rules is your reputation – and money – saved.
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Reasonable Restrictions on the Placement of “For Sale” Signs
While California law and the First Amendment generally protect a property owner’s right to display “For Sale” signs, these rights are subject to reasonable government and HOA regulations regarding safety, dimensions and placement in common areas.
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Real Estate Sign Placement – It Matters
The first episode of our new series dramatizes how to properly display a “For Sale” sign on a property on behalf of the seller to advertise the property for sale, and understand when permission is needed to advertise a property with a “For Sale” sign in a common interest development (CID).
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Resolving a Seller’s Dual Liability when Changing Brokers
The final episode of our new series dramatizes the representation dilemma created for the seller when the retainer period under a new representation agreement overlaps a safety clause period in an expired representation agreement with a prior broker.
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Due-on clause exceptions and waivers
This article covers exceptions and waivers to the enforceability of the due-on clause present in all trust deeds and enforced on sales only during a cycle of rising long-term fixed rate mortgage rates.
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A closer look at the due-on clause
This article covers an owner’s use of property rights which allows a mortgage holder to capitalize on the due-on clause to extract further profit by calling the mortgage due and payable, or waiving the call to modify the interest rate and payment schedule at current market rates.
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Price Paid is Different from the Seller’s Asking Price
The fourth episode of our new series answers the critical question of what happens when a registered buyer purchases property during the safety period for less than the asking price sought under the expired representation.
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(Re)introducing the due-on clause
This multimedia article explains when due-on clauses become used in the economic cycle and under which sale and leasing arrangements.
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Procuring Cause when the Representation Lacks a Safety Clause
The third episode of our new series applies the procuring cause theory to an exclusive seller representation agreement which lacks a safety clause – and illustrates how a safety clause in a properly structured representation agreement is always the best practice.
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Disclosure of a Prior Occupant’s Affliction and Death: firsttuesday Halloween Special
Grab your buttered popcorn for the two-part firsttuesday Halloween Special covering the disclosure of a death on a property. You’ll scream — you’ll laugh — you’ll learn!
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Safety Clause vs. Procuring Cause
The second episode of our new series presents a separate safety clause scenario contrasted against the procuring cause theory used to limit an earned fee to completing a transaction.
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Real Estate Runs with the Labor Force Participation (LFP) Rate
California’s labor force participation rate — which includes both the employed and job-seeking unemployed — is a crucial indicator of overall job levels, providing the fundamental economic basis for all real estate activity.
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A Fee Earned After the Retainer Period Ends
The first episode in our new five-part series depicts how a safety clause in an exclusive representation agreement establishes your right to a fee earned after the retainer period ends.
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