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Sale of Real Estate. Direct Sales FSBO Builders Resort Properties Sales by Brokers Realtors Sales by Dealers Portfolio Flipping. Two Types of Agents. Broker A broker is licensed to act on their own behalf and hire and supervise others in business
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Sale of Real Estate • Direct Sales • FSBO • Builders • Resort Properties • Sales by Brokers • Realtors • Sales by Dealers • Portfolio • Flipping
Two Types of Agents • Broker • A broker is licensed to act on their own behalf and hire and supervise others in business • Sales Person (Real Estate Agents) • Licensed but must work for a broker
Missouri Real Estate License • Be 18 years of age • Be of good moral character • Satisfactory completion of a course of study in real estate from a school accredited by the commission • Course of study requires 60 hours of classroom instruction on designated topics
Where Do Buyers Come From? • In town buyers • Agents – 50% • Yard Signs – 17% • Newspaper Ads – 12% • Other – 21% • Out of town buyers • Agents – 61% • Yard Signs – 15% • Newspaper – 11% • Other - 13%
For Owners Selling Property • Used only an agent to sell home – 70% • First tried to sell themselves but then used agent – 9% • Sold home themselves without agent – 14% • First listed with an agent then sold property themselves – 5% • Other purchase options – 2%
Agency • Designated Agency Law • Sept 1st 1997 • Allows different types of agency • Agent can be: • Buyers Agent • Sellers Agent • Dual Agent • Transaction Agent
Brokers Obligations • Tell the truth • Disclose all material facts • If they knowingly make false statements or conceal a material fact that is considered misrepresentation and can be sued under fraud statutes
Fair Housing Act of 1968 • Bars any form of discrimination applies to landlords, sellers, brokers and agents: • Law covers race, religion, color, national origins and sex/gender. • Added recently age, #of children and disability.
Broker Commissions • Changed since 70’s • All brokers use to charge the same commission • Real Estate Board set commissions • Federal Trade Commission stepped in and sued the boards for price fixing. • Today commissions are negotiable • Sliding Scale (Time or Price) • Flat Fee
Listing Contracts • Open Listing • Exclusive Agency • Exclusive Right to Sell • Net Listing • Net Profit = Price – Commission(Price) – Closing Cost • Auction
Mortgage Financing • TWO KEY DOCUMENTS • Promissory Note • Deed of Trust • Advantage to having two instruments gives lender more options that they can take against the borrower.
Mortgages Cont. • Mortgage – Transaction between lender and borrower • Deeds of Trust – 3rd party transactions: Borrower, Lender and Trustee • Provides greater protection for lender • Conveys title of property to a trustee, who holds it as security for the debt • Empowers trustee to foreclose on your house • Deed of Release – Recorded by trustee when loan is paid off, showing debt has been paid
Mortgage Controversies • Pre-payment Penalties • Lender charges 2 – 5% fee if mortgage is paid off early • Due On Sale Clauses • In every deed of trust and mortgage • If you sell the property you must pay the loan
FNMA Covenants • Escrow Deposit • Borrower Must Insure Property • Borrower Must Maintain Property • Inspections • Negotiated Covenants
Types of Mortgages • Conventional • Open-end • Package • Blanket • Budget • Government Sponsored • FHA • VA
FHA Characteristics • Low Down Payment • Higher Risk Borrowers • 2.25% Insurance Premium • Monthly Insurance Premium • Interest Rate Varies with Market • Most are fixed rate mortgages • Loaned Monies come from Financial Institutions • Loan Limits • Assumable
VA Characteristics • Guaranteed by Veterans Administration • Created in 1944 • Guaranteed no Insured • No Insurance Premiums • No Down Payment • Fixed Rate and ARMs • Entitlement Capped
PMI • Private Mortgage Insurance • If only have 5 – 10% down payment • Started in 1920’s • Stopped during Great Depressions due to defaults • Until 1957 no PMI • Mortgage Guarantee Insurers Corp started it back up in Wisconsin
Special Types of Mortgages • Home Equity Lines of Credit • Wrap Around • Blended Rate • Rollover Mortgage • Graduated Payment • Growing Equity • Shared Appreciation (SAM) • Adjustable Rate (ARM) • Reverse Annuity (RAM) • Bi-Weekly • 15 Year
Mortgage Termination • Mortgage Satisfaction • Mortgage Default • Lender Options • Refinance • Voluntary Sale • Deed in Lieu • Foreclosure
Mortgage Markets • Mortgage Banker • Mortgage Broker • Markets • Primary • Secondary • Transaction Types • Direct Sale Program • Mortgage Backed Securities