Is percolating groundwater which seeps into an aquifer conveyed with the land when a mortgage holder forecloses on a parcel of real estate?
Sandton Agriculture Investments III, LLC v. 4-S Ranch Partners, LLC
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Category: Buyers and Sellers
The exclusive employment obligations of a broker
Learn the obligations of a seller and their broker under an exclusive seller representation agreement and whether a buyer is ready, willing and able to buy when submitting an offer to purchase.
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The MLS environment
Review the historical and current practice of a buyer broker to earn and be paid their fee on a transaction when representing a buyer-client.
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Lessons from the Field: Incomplete TDS
An agent, retained by a seller of property, has a duty to have the seller-client enter their truthful responses to property conditions itemized on a Transfer Disclosure Statement (TDS).
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Reading the legal tea leaves — the parallel need to conform tenant representation to new buyer representation rules for commercial transactions
The new buyer representation rules have an application which may surprise some brokers – the negotiated, written representation of commercial tenant clients.
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Letter to the Editor: What happens to buyer representation agreements and fees when an agent changes brokers?
A buyer representation agreement runs with the broker, not the agent.
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Form-of-the-Week: Seller’s Net Sheet, and Buyer’s Cost Sheet — Forms 310 and 311
Demonstrate to your buyer and seller clients how broker fees are paid in RPI Forms 310 and 311.
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Form-of-the-Week: Request for Notice of Mello-Roos Assessment — Form 137
A seller agent uses RPI Form 137 to request information from the Improvement District Office about Mello-Roos on a property listed for sale.
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Counteroffers — practice dictated by buyer representation agreements
Learn how to counter an offer with a purchase agreement calling for the buyer to pay the broker fee and avoid claims of tortious interference.
Read More![Form-of-the-Week: Purchase Agreement — for One-to-Four Residential Property — with Buyer Broker Fee Provision [RPI Form 150]](https://journal.firsttuesday.us/wp-content/uploads/purchase-agreement-1-627x376.jpg)
Form-of-the-Week: Purchase Agreement — for One-to-Four Residential Property — with Buyer Broker Fee Provision [RPI Form 150]
A buyer agent uses RPI Form 150 when preparing an offer for their buyer to purchase one-to-four unit residential property with a fee provision for disbursing the buyer broker fee from the purchase price.
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California’s turnover rate ice cold in 2024
California’s homeowner turnover rate is the lowest it’s been in years, showing just how frigid California’s housing market is in 2024.
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Buyer Representation Agreements: The end of the “gold standard”
With new California legislation, it’s now mandatory practice for a buyer broker to enter into an employment agreement with buyer-clients before a purchase agreement is submitted.
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NAR’s long-established compensation model finally evolves
After years of lawsuits, NAR® has finally agreed to a settlement relegating cooperative compensation to the history books.
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Form-of-the-Week: The Counteroffer, and Counteroffer Addendum — Forms 180 and 180-1
The seller responds to a buyer’s offer Typically, a buyer submits a purchase agreement offer to a...
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New advertisement law requires all fees be disclosed upfront — with implications for real estate
With authorities cracking down on misleading advertising, brokers and MLOs will be wise to take this opportunity to ensure their adverts are in compliance.
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Form-of-the-Week: Authorizations to Prepare an NHD, and a Structural Pest Control Operator Report — Forms 131 and 132
A sellers agent uses Forms 131 and 132 to order out a Natural Hazard Disclosure (NHD) report and a Structural Pest Control (SPC) report.
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Form-of-the-Week: The option to buy and its variations — Forms 161, 161-1 and 161-2
A leasing or sales agent uses RPI Forms 161, 161-1 and 161-2 when arranging an option to purchase property.
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Is a buyer entitled to a reduction from the fair market value (FMV) of a property acquired from a city when their purchase agreement included a below-market leaseback agreement?
290 Div. (EAT) v. City and County of San Francisco
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The liquidated damages provision and the breaching buyer’s deposit when prices decline
Agents need to be aware of the maximum dollar amount the seller is entitled to receive upon a buyer’s breach – especially when home prices are falling.
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