Real Estate Case Solution & Answer

Real Estate Case Solution

Situation 1

A non-exclusive listing is a contract between a real estate agent and a seller. By entering the stock exchange, the seller acknowledges that the broker has the right to advertise and sell real estate. The terms of the contract are binding on the seller, and have binding financial consequences. These terms and conditions include the obligations of the agent and what the seller can do if the agent fails to meet his obligations.

Traditionally, the terms and conditions include:

  • The amount of the commission (usually 5-6 percent of the proceeds from the sale),
  • The exclusive right to sell the house, within the duration of the contract.
  • A security clause protecting the agent after the date of sale.
  • Time frame and specific facts, such as: sales rights, and whether others have property rights, agency responsibilities, and licenses, and, in some cases, dispute settlement clauses.

A non-exclusive stock exchange agreement can be beneficial to the seller, because if the seller is dealing with the sale of the house, he does not have to pay a commission to the broker. For example, if you informally find a buyer for your home, on your own then you do not have to pay a commission to a non-exclusive broker when they sell.

Non-exclusive stock exchange agreements allow the sellers to publish houses with many brokers, and only the brokers who actually sold the apartments, would have to pay commissions. The disadvantage of non-exclusive exchange transactions is that although agents cannot be guaranteed to receive a commission; they cannot aggressively (or not) sell the exclusive property.

In an exclusive stock exchange agreement; the stock exchange agent will manage the real estate transaction. No matter who finds the right buyer; the publishing agent will receive a sales commission. In some cases, there are two agents who can share the prizes. Exclusive rights are usually limited by the terms of the contract, and during that time an experienced broker can effectively promote the house or apartment. If the listing or contract expires and the broker has not yet sold the house and the seller is dissatisfied with the broker’s efforts; the seller may try to find another broker.

Who is Responsible for the Commission?

It includes one agent who works with the buyer until the contract is exchanged. As the buyer was unable to obtain financing, the sale was unsuccessful. The second agent then deals with the same buyer, presents him to the creditor, signs the contract and settles. The first agent filed a complaint, but was fired because finance was the bulk of the sale. At the first agent, the buyer is neither willing nor is he able.

In some cases, the agent does not have to take any steps to prove the reason for the sale. For example, a few years ago; a broker placed a sign outside a rural property. Someone passed by and noticed the lights, but there was no time for questions. A few months later, when the house was withdrawn from the market; the same person returned, stopped, knocked at the front door and asked if the property was still up for sale. Then a private transaction was executed. The Civil and Administrative Court of New South Wales ruled that the agent was the reason for the sale, because if it were not for the agent’s sign; the buyer would have never know that the agent is selling the house.

In contrast, a successful claim can result in a lot of work. For example, if you have real estate for three months, go through 100 people, deal with a tough seller, make many serious offers, get one for $ 1.2 million, and then sell it to a second agent. If you sell to the same buyer for $ 1.2 million in two weeks, you could be in a very good position.

Thorough records must be kept in all areas of practice. The lawyer can then review your documents and provide clear legal advice on your complaint. It’s not enough to record a conversation, because there’s no “say, say” for actual sales reasons. Keep copies of all notes, quotes and responses. When you deliver to the seller, contact them to confirm the content of the dispute in writing and ask them to receive a written response.

Proof of a court sale is based on facts, so it is necessary to prove the intention to buy. The more connections you have with the potential buyers who ask related questions, the better would be the evidence.

  • Do you have money?
  • Do you need a pest and building inspection report?
  • Need more details?

These emails should prove that the buyer has a strong interest in the property, and will not lose their trust. It can be problematic, but as Sarah said, careful recording is essential.

Also, if they are an outgoing agent, usually write to the newly appointed supplier or agent wishing them luck, but also list one or two serious buyers who have a definite offer and a contract. If the seller later sells the property to these people; it is solid evidence and can make a proper claim. If they bring this to the seller’s attention; they can discuss with incoming and outgoing agents how best to handle the situation (if one buyer buys the property) and this applies to everyone.

In this case, Galbraith has been informed by Johnson in a writing that the he will be taking the farm off the market. So, Galbraith has no right for the sales commission, as the client has viewed the property and has dealt with Paterno.

Situation 2

A contingent loan is a written clause in a home purchase agreement. If certain conditions are not met, the clause will invalidate the sale. If the buyer is unable to obtain mortgage financing, this clause is usually added to protect the buyer and seller. The mortgage forecast also determines when a formal mortgage approval is required. The date may vary, but is usually one week before the scheduled end date…………..

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