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Real Estate Matters, 2nd Edition
Licensee Conduct
Chapter 1: The licensee acts as principal
No duty to disclose the license
Chapter 2: Brokerage activities: agent of the agent
For, on behalf of and in place of
Chapter 3: Real estate's low-level management of human resources
The entry and exit of sales agents
Chapter 4: "For Sale" sign regulations
Property owners can display
Chapter 5: The home inspection report
Transparency by design
Property Disclosures
Chapter 6: The listing agent and the prospective buyer
General duty to voluntarily disclose
Chapter 7: Condition of property disclosure exemptions
The common-law duty to disclose remains
Chapter 8: Safety standards for improvements
Disclosing noncompliant improvements
Chapter 9: Prior occupants's use, affiction and death
When and when not to disclose
Chapter 10: Fire safety programs
Smoke detectors, security bars and safety information
Chapter 11: Natural hazard disclosures by the listing agent
A unified disclosure for all sales
Chapter 12: Lead-based paint disclosures
Crystal clear transparency
Conditions of Purchase
Chapter 13: Contingency provisions
Conditioning the close of escrow
Chapter 14: Arbitration: the independent beast
Lost rights to correct a decision
Chapter 15: Time to perform
Default and cancellation
Buyer Alternatives
Chapter 16: Real estate purchase options
An irrevocable offer to sell
Chapter 17: The right of first refusal
A buyer's preemptive right to purchase
Chapter 18: An owner's residenece in foreclosure
The equity purchase sales scheme
Chapter 19: The breaching buyer's liabilities
First, there must be money loss
Legal Aspects
Chapter 20: Community property
The broker's role
Chapter 21: The right of survivorship among co-owners
Vesting is always estate planning
Chapter 22: Securities aspects of LLC syndication
Excludes the economic risks of real estate
Chapter 23: Automatic and declared homesteads
Equity protection aganst judgment
Chapter 24: Encroachments - crossing the line
Boundaries violated and hardships balanced
Property Management
Chapter 25: Other amounts due under 3-day notices
Know what the judge will allow
Chapter 26: Recovery of residential turnover costs
The security deposit plays no role
Chapter 27: Security deposits and pre-termination inspections
Requirements for residential and nonresidential landlords
Chapter 28: Accepting parital rent
Rights of residential and nonresidential landlords
Chapter 29: Changing terms on a month-to-month tenancy
Landlord's 30-day notice
Chapter 30: Notices to vacate
Termination of periodic tenancies
Chapter 31: Dangerous on-site and off-site activities
Duty to all to remove on-site dangers
Financing
Chapter 32: Rates affecting real estate
The influence of federal reserve policies
Chapter 33: A lender's loan commitment
No responsibility for oral or conditional promises
Chapter 34: Equity purchase sale-leasebook
The home equity sales scheme
Chapter 35: Special provisions for a promissory note
Beyond fundamental debt obligations
Chapter 36: Due-on-sale regulations
Rising interest rules will bring lender interference
Chapter 37: Late charges and grace periods
Unrelated costs and earnings
Chapter 38: Converting nonrecourse papaer into recourse paper
Substituting or eliminating the security
Chapter 39: The deficiency in recourse loans
Set by the value of the security
Chapter 40: Alternative security devices
Creative financing vs. creative chaos
Chapter 41: Usury and the private lender
Use a broker and aviod usury limitations
Income Taxes
Chapter 42: The all-inclusive promissory note and trust deed rider
Negotiating interest rates and payments
Chapter 43: An installment sale coupled with a §1031
Profits: tax exempt and tax deferred
Chapter 44: The principal residence profit exclusion
Tax-free sale up to $250,000 per person
Chapter 45: Deduction of points by homebuyers
Prepaid intrest write-off exception
Chapter 46: Short payoffs on recourse and nonrecourse loans
Discount reported as income or as a cost reduction
Chapter 47: Tiered tax rates on profit
The batching and taxing of gains
Chapter 48: Commingling rental losses and other income
The part-time landlord
Chapter 49: Interest earned on delayed §1031 transactions
Limits on early receipt
Chapter 50: Home office tax deductions
The expenses and uses that qualify
Chapter 51: Tax partners or independent co-owners
§1031 fractional ownerships
Chapter 52: Intra-family transfers avoid reassessment
Exclusion for gifts and sales