SlideShare a Scribd company logo
By- Chaim Citronenbaum
WELCOME
The real estate business is more than just houses. As this
chapter says, “Real estate is big business,” and includes
commercial properties, condominiums, and open land in
addition to single-family homes.
Introduction to the Real Estate
Business
1 Introduction to the Real Estate Business
Learning Objectives
Identify the various careers available in real estate,
and the professional organizations that support them
Describe the five categories of real property
Explain the operation of supply and demand in the
real estate market
Distinguish the economic, political and social factors
that influence supply and demand
1 Introduction to the Real Estate Business
A Business of Many Specializations
Brokerage
Appraisal
Property management
Financing
Subdivision and development
Home inspection
Counseling
Education
1 Introduction to the Real Estate Business
Types of Real Property
Residential
Commercial
Industrial
Agricultural
Special Purpose
1 Introduction to the Real Estate Business
The Real Estate Market
Supply and Demand
Factors Affecting Supply
Factors Affecting Demand
Many types of property define real estate’s “product.”
Land is one of the fundamental concepts of real estate, as
well as “improvements” in the form of houses and
outbuildings. The fence suggests the limits of ownership.
Real Property and the Law
2 Real Property and the Law
Learning Objectives
Identify the rights that convey with ownership of real
property and the characteristics of real estate
Describe the difference between real and personal
property, and the various types of personalty
Explain the types of laws that affect real estate
Distinguish among the concepts of land, real estate
and real property
2 Real Property and the Law
Land - The earth’s surface extending downward to
the center of the earth and upward to infinity,
including permanent natural objects
Real Estate - Land at, above and below the
earth’s surface, plus all things permanently attached
to it, whether natural or artificial
Real Property - The interests, benefits and rights
that are automatically included in the ownership of
land and real estate
2 Real Property and the Law
Bundle of Legal Rights
2 Real Property and the Law
2 Real Property and the Law
Real Property Rights
Surface Rights
Subsurface Rights
Air Rights
Water Rights
2 Real Property and the Law
Personal Property
All property that does not fit the definition of real property
Manufactured Housing
Plants
Fixtures
Intent
Method of annexation
Adaptation to real estate
Agreement
Trade Fixtures
2 Real Property and the Law
Characteristics of Real Property
Economic Characteristics
Scarcity
Improvements
Permanence of investment
Location
Physical Characteristics
Immobility
Indestructibility
Uniqueness
2 Real Property and the Law
Laws Affecting Real Estate
Contract law
General property law
Agency law
Real estate license law
Federal regulations
Federal, state and local tax laws
Zoning and land use laws
Federal, state and local environmental regulations
A variety of housing types are available under the general
heading of “home ownership”: single family, small
multifamily residences, and high-rise condos.
Concepts of Home Ownership
3 Concepts of Home Ownership
Learning Objectives
Identify the various types of housing choices
available to home buyers
Describe the issues involved in making a home
ownership decision
Explain the tax benefits of home ownership and the
provisions of recent changes to the Tax Code
Distinguish the various types of homeowner’s
insurance policy coverage
3 Concepts of Home Ownership
Types of Housing
Apartment Complex
Condominium
Cooperative
Planned Unit Development (PUD)
Retirement Community
3 Concepts of Home Ownership
Types of Housing
Highrise Development
Converted-use Property
Manufactured Housing
Modular Homes
Time-share
3 Concepts of Home Ownership
Housing Affordability
Mortgage Terms
Ownership Expenses and Ability to Pay
Investment Considerations
Tax Benefits
3 Concepts of Home Ownership
Homeowner’s Insurance
Coverage and Claims
Basic vs. Broad-form Policies
Liability
Coinsurance Clause
National Flood Insurance Program
Real estate is an industry about property, but it’s also an
industry about people. The concept of agency is entirely
about people, and relationships between and among them.
Agency
4 Agency
Learning Objectives
Identify the various types of agency relationships
common in the real estate profession and the
characteristics of each
Describe the fiduciary duties involved in an agency
relationship
Explain the process by which agency is created and
terminated and the role of disclosure in agency
relationships
Distinguish the duties owed by an agent to his or
her client from those owed to customers
4 Agency
4 Agency
4 Agency
Real Estate Agency
Common-law history
Definitions:
Agent
Subagent
Principal
Agency
Fiduciary
Client
Customer
Nonagent
4 Agency
Fiduciary Duties of an Agent
Care
Obedience
Loyalty
Disclosure
Accounting
Confidentiality
4 Agency
Creation
Express Agency
Implied Agency
Creation and Termination of Agency
Termination
Completion, performance
or fulfillment
Death or incapacity
Destruction or
condemnation of the
property
Expiration
Mutual agreement
Breach
Operation of law
4 Agency
Limitations on Authority
Universal Agent
Empowered to do
anything the
principal could
do personally
General Agent
Represents the
principal in a
broad range of
matters related
to a particular
business or
activity
Special Agent
Authorized to
represent the
principal in one
specific act or
business trans-
action under
detailed
instructions
4 Agency
Types of Agency Relationships
Single Agency
Subagency
Seller Representation
Buyer Representation
Owner as Principal
4 Agency
Types of Agency Relationships
Dual Agency
Disclosed Dual Agency
Designated Agency
Undisclosed Dual Agency
Disclosure Laws
Nonagency
Agency Statutes
4 Agency
Customer-Level Services
Reasonable care and skill in performance
Honest and fair dealing
Disclosure of all facts the licensee knows (or
should be expected to know) that materially
affect the value or desirability of the property
State law may require additional services or
disclosures
4 Agency
Puffing
Exaggeration of a
property's benefits
Misrepresentation
Fraud: Intentional
misrepresentation of a
material fact to harm or
take advantage of another
Negligent Misrepresentation:
Broker should have known a
statement was false
4 Agency
Property Conditions
Latent Defect
A hidden structural defect that would not
be discovered by ordinary inspection
Stigmatized Property
Properties branded “undesirable” because
of actual or rumored criminal, tragic or
scandalous events that occurred on the
property
A real estate brokerage is more than a room full of desks.
It’s a hive of activity, dependent on people, information,
and technology to keep the business running.
Real Estate Brokerage
5 Real Estate Brokerage
Learning Objectives
Identify the role of technologies, personnel and
license laws in the operation of a real estate business
Describe the various types of antitrust violations
common in the real estate industry, and the penalties
involved with each
Explain how a broker’s compensation is usually
determined
Distinguish employees from independent
contractors and explain why the distinction is
important
5 Real Estate Brokerage
Brokerage
The business of bringing parties together.
Real Estate Broker
A person licensed to buy, sell, exchange or
lease real property for others and to charge a
fee for these services.
5 Real Estate Brokerage
Broker-Salesperson Relationship
A real estate salesperson is licensed to
perform real estate activities on behalf of a
licensed real estate broker
Employee – broker may require employee to
follow rules for hours, attendance, etc.
Independent Contractor – broker cannot
require specific office hours, attendance, etc.
5 Real Estate Brokerage
Technology
Computers and Laptops
Internet, Web Sites, E-mail
Cell Phones, Digital Cameras, PDAs
Internet Advertising
Security
Electronic Contracting
5 Real Estate Brokerage
Broker’s Compensation
Commission is always negotiable
Commission is usually earned when
a completed sales contract has been executed by
a ready, willing and able buyer
the contract is accepted and executed by the
seller
copies of the contract are in the possession of all
parties
5 Real Estate Brokerage
Broker’s Compensation
Procuring cause
broker started a chain of events that resulted in a
sale
Ready, willing and able buyer
one who is prepared to buy on the seller’s terms
and ready to take positive steps toward
consummation of the transaction
5 Real Estate Brokerage
Salesperson’s Compensation
Amount and method of compensation is set by
agreement between the broker and the salesperson
Fixed salary
Share of commission
100% Commission Plan
Graduated Commission Split
5 Real Estate Brokerage
5 Real Estate Brokerage
Antitrust Laws
Price-fixing
Group boycotting
Allocation of customers or markets
Tie-in agreements
Penalties
5 Real Estate Brokerage
Recent Issues
Fee-for-Services
Minimum Level of Service
Do-Not-Call Registry
THANK YOU

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Chaim citronenbaum | A Brief Introduction of Real Estate

  • 2. The real estate business is more than just houses. As this chapter says, “Real estate is big business,” and includes commercial properties, condominiums, and open land in addition to single-family homes. Introduction to the Real Estate Business
  • 3. 1 Introduction to the Real Estate Business Learning Objectives Identify the various careers available in real estate, and the professional organizations that support them Describe the five categories of real property Explain the operation of supply and demand in the real estate market Distinguish the economic, political and social factors that influence supply and demand
  • 4. 1 Introduction to the Real Estate Business A Business of Many Specializations Brokerage Appraisal Property management Financing Subdivision and development Home inspection Counseling Education
  • 5. 1 Introduction to the Real Estate Business Types of Real Property Residential Commercial Industrial Agricultural Special Purpose
  • 6. 1 Introduction to the Real Estate Business The Real Estate Market Supply and Demand Factors Affecting Supply Factors Affecting Demand
  • 7. Many types of property define real estate’s “product.” Land is one of the fundamental concepts of real estate, as well as “improvements” in the form of houses and outbuildings. The fence suggests the limits of ownership. Real Property and the Law
  • 8. 2 Real Property and the Law Learning Objectives Identify the rights that convey with ownership of real property and the characteristics of real estate Describe the difference between real and personal property, and the various types of personalty Explain the types of laws that affect real estate Distinguish among the concepts of land, real estate and real property
  • 9. 2 Real Property and the Law Land - The earth’s surface extending downward to the center of the earth and upward to infinity, including permanent natural objects Real Estate - Land at, above and below the earth’s surface, plus all things permanently attached to it, whether natural or artificial Real Property - The interests, benefits and rights that are automatically included in the ownership of land and real estate
  • 10. 2 Real Property and the Law
  • 11. Bundle of Legal Rights 2 Real Property and the Law
  • 12. 2 Real Property and the Law Real Property Rights Surface Rights Subsurface Rights Air Rights Water Rights
  • 13. 2 Real Property and the Law Personal Property All property that does not fit the definition of real property Manufactured Housing Plants Fixtures Intent Method of annexation Adaptation to real estate Agreement Trade Fixtures
  • 14. 2 Real Property and the Law Characteristics of Real Property Economic Characteristics Scarcity Improvements Permanence of investment Location Physical Characteristics Immobility Indestructibility Uniqueness
  • 15. 2 Real Property and the Law Laws Affecting Real Estate Contract law General property law Agency law Real estate license law Federal regulations Federal, state and local tax laws Zoning and land use laws Federal, state and local environmental regulations
  • 16. A variety of housing types are available under the general heading of “home ownership”: single family, small multifamily residences, and high-rise condos. Concepts of Home Ownership
  • 17. 3 Concepts of Home Ownership Learning Objectives Identify the various types of housing choices available to home buyers Describe the issues involved in making a home ownership decision Explain the tax benefits of home ownership and the provisions of recent changes to the Tax Code Distinguish the various types of homeowner’s insurance policy coverage
  • 18. 3 Concepts of Home Ownership Types of Housing Apartment Complex Condominium Cooperative Planned Unit Development (PUD) Retirement Community
  • 19. 3 Concepts of Home Ownership Types of Housing Highrise Development Converted-use Property Manufactured Housing Modular Homes Time-share
  • 20. 3 Concepts of Home Ownership Housing Affordability Mortgage Terms Ownership Expenses and Ability to Pay Investment Considerations Tax Benefits
  • 21. 3 Concepts of Home Ownership Homeowner’s Insurance Coverage and Claims Basic vs. Broad-form Policies Liability Coinsurance Clause National Flood Insurance Program
  • 22. Real estate is an industry about property, but it’s also an industry about people. The concept of agency is entirely about people, and relationships between and among them. Agency
  • 23. 4 Agency Learning Objectives Identify the various types of agency relationships common in the real estate profession and the characteristics of each Describe the fiduciary duties involved in an agency relationship Explain the process by which agency is created and terminated and the role of disclosure in agency relationships Distinguish the duties owed by an agent to his or her client from those owed to customers
  • 26. 4 Agency Real Estate Agency Common-law history Definitions: Agent Subagent Principal Agency Fiduciary Client Customer Nonagent
  • 27. 4 Agency Fiduciary Duties of an Agent Care Obedience Loyalty Disclosure Accounting Confidentiality
  • 28. 4 Agency Creation Express Agency Implied Agency Creation and Termination of Agency Termination Completion, performance or fulfillment Death or incapacity Destruction or condemnation of the property Expiration Mutual agreement Breach Operation of law
  • 29. 4 Agency Limitations on Authority Universal Agent Empowered to do anything the principal could do personally General Agent Represents the principal in a broad range of matters related to a particular business or activity Special Agent Authorized to represent the principal in one specific act or business trans- action under detailed instructions
  • 30. 4 Agency Types of Agency Relationships Single Agency Subagency Seller Representation Buyer Representation Owner as Principal
  • 31. 4 Agency Types of Agency Relationships Dual Agency Disclosed Dual Agency Designated Agency Undisclosed Dual Agency Disclosure Laws Nonagency Agency Statutes
  • 32. 4 Agency Customer-Level Services Reasonable care and skill in performance Honest and fair dealing Disclosure of all facts the licensee knows (or should be expected to know) that materially affect the value or desirability of the property State law may require additional services or disclosures
  • 33. 4 Agency Puffing Exaggeration of a property's benefits Misrepresentation Fraud: Intentional misrepresentation of a material fact to harm or take advantage of another Negligent Misrepresentation: Broker should have known a statement was false
  • 34. 4 Agency Property Conditions Latent Defect A hidden structural defect that would not be discovered by ordinary inspection Stigmatized Property Properties branded “undesirable” because of actual or rumored criminal, tragic or scandalous events that occurred on the property
  • 35. A real estate brokerage is more than a room full of desks. It’s a hive of activity, dependent on people, information, and technology to keep the business running. Real Estate Brokerage
  • 36. 5 Real Estate Brokerage Learning Objectives Identify the role of technologies, personnel and license laws in the operation of a real estate business Describe the various types of antitrust violations common in the real estate industry, and the penalties involved with each Explain how a broker’s compensation is usually determined Distinguish employees from independent contractors and explain why the distinction is important
  • 37. 5 Real Estate Brokerage Brokerage The business of bringing parties together. Real Estate Broker A person licensed to buy, sell, exchange or lease real property for others and to charge a fee for these services.
  • 38. 5 Real Estate Brokerage Broker-Salesperson Relationship A real estate salesperson is licensed to perform real estate activities on behalf of a licensed real estate broker Employee – broker may require employee to follow rules for hours, attendance, etc. Independent Contractor – broker cannot require specific office hours, attendance, etc.
  • 39. 5 Real Estate Brokerage Technology Computers and Laptops Internet, Web Sites, E-mail Cell Phones, Digital Cameras, PDAs Internet Advertising Security Electronic Contracting
  • 40. 5 Real Estate Brokerage Broker’s Compensation Commission is always negotiable Commission is usually earned when a completed sales contract has been executed by a ready, willing and able buyer the contract is accepted and executed by the seller copies of the contract are in the possession of all parties
  • 41. 5 Real Estate Brokerage Broker’s Compensation Procuring cause broker started a chain of events that resulted in a sale Ready, willing and able buyer one who is prepared to buy on the seller’s terms and ready to take positive steps toward consummation of the transaction
  • 42. 5 Real Estate Brokerage Salesperson’s Compensation Amount and method of compensation is set by agreement between the broker and the salesperson Fixed salary Share of commission 100% Commission Plan Graduated Commission Split
  • 43. 5 Real Estate Brokerage
  • 44. 5 Real Estate Brokerage Antitrust Laws Price-fixing Group boycotting Allocation of customers or markets Tie-in agreements Penalties
  • 45. 5 Real Estate Brokerage Recent Issues Fee-for-Services Minimum Level of Service Do-Not-Call Registry