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4 Real Estate Transactions

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Presentation on theme: "4 Real Estate Transactions"— Presentation transcript:

1 4 Real Estate Transactions
A real estate sale can include: Listing agreement Buyer’s representation agreement Financing instruments Escrow agreement Inspections Title insurance, and more

2 Elements of a valid contract
Parties with legal capacity Offer made and accepted Lawful object Consideration In writing, if required by Statute of Frauds

3 Other contract facts Counteroffer rejects original offer
Statute of limitations sets time for enforcement Contract can be discharged by Performance Rescission Release Novation Reformation Assignment Breach (but other party may sue for specific performance)

4 Requirements for Valid Deed
Must be in writing and describe the parties and the property Grantor must be legally capable of executing the deed and there must be a granting clause Deed must be signed by grantor and delivered to and accepted by grantee

5 Types of Deeds Grant deed Quitclaim deed Warranty deed
Bargain and sale deed Trust deed Reconveyance deed Sheriff’s deed Tax deed

6 Recording Acknowledgment of grantor’s signature entitles document to recording Recording of document serves as notice to the world of the transfer of title Recorded deed places grantee in the chain of title to the described property

7 Lease Agreements Lessor (landlord) is property owner Lessee (tenant) is party acquiring right of use of the property Fair housing laws protect tenant’s rights

8 Lease Agreements Commercial property may be subject to Gross lease
Net lease Escalator clause Percentage lease


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