Category: Fundamentals

Form-of-the-Week: Purchase Agreement with Short Sale Contingency, and Deed-in-Lieu of Foreclosure — Forms 150-5 and 406

Alternative methods to a foreclosure sale on mortgaged property include a short sale and a deed-in-lieu of foreclosure. RPI Form 150-5 allows a buyer to purchase a property when the mortgage holder agrees to take a reduced payoff to satisfy the debt and clear title. RPI Form 406 allows an owner to deed their property directly to their mortgage holder.

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Referral fees to transaction agents from third-party providers prohibited

Learn to identify impermissible fees for your referral of a transaction participant to a third-party provider as a duplicate charge and a prohibited kickback and establish broker-owned services and refer clients to use them to capture legally entitled profit from transactional services otherwise received by third-party providers.

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Form-of-the-Week: Designated Officer Employment Agreement, and Real Estate Team Agreement — Forms 511 and 512

A corporate broker uses RPI Form 511 to establish a corporate broker-officer’s duties and fee schedule for earnings as designated officer of the real estate corporation and licensees held under the same broker use RPI Form 512 to form a real estate team and establish each team member’s responsibilities and fee sharing. 

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Form-of-the-Week: Natural Hazard Disclosure Statement and Fire Hardening and Defensible Space Disclosure Statement — Forms 314 and 314-1

A seller agent uses the Natural Hazard Disclosure Statement to disclose the existence of natural hazards on the sale of any type of real estate to a prospective buyer and the Fire Hardening and Defensible Space Disclosure Statement when the property is in a high fire hazard severity zone to disclose retrofits, local vegetation management ordinances and fire hardening measures the buyer is to consider.

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Form-of-the-Week: Modification of Representation Agreement and Release and Cancellation of Employment Agreement — Forms 120 and 121

After entering into a representation agreement with a client, an agent uses the Modification of Representation Agreement to change the terms of the employment without canceling it and to terminate the authorization to represent, an agent uses the Release and Cancellation of Representation Agreement.

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