TRUSTS IN GENERAL:
What are they?
Trusts in themselves are not legal entities which can own, manage or sell property. A trust operates through one or more trustees, who usually are individuals but may be corporations. It is these trustees who hold legal title to the property for the benefit of the beneficiaries of the trust.
What is a survey?
A real property survey is a report that indicates the location of improvements relative to the boundaries of a property. A real property survey report generally contains an illustration of the physical features of the property and a written report detailing the surveyor’s opinions and concerns.
What are some reasons why we have to have a survey?
An endorsement is something that changes the terms of the coverage in the title policy to the buyer or lender’s benefit. It is an attachment to the policy that generally offers more coverage from what is included in the basic policy.
One of the endorsements that adds extra and important coverage for the buyer is the T19.1 endorsement.
What does the T19.1 do and what should an agent tell their client about the coverage?
I. WHY DOES IT MATTER IF A PROPERTY IS HOMESTEAD IN A REAL ESTATE TRANSACTION?
PRIVATE TRANSFER FEE: WHAT IS IT?
A private transfer fee is a fee that must be paid each time a property is sold. In general there can be two types of transfer fees assessed. The most common fee is the transfer fee that the homeowner’s association management company charges to handle the transfer from the seller to the buyer. That is not the fee type discussed below.
RIGHT OF FIRST REFUSAL: WHAT IS IT?
A right of first refusal (ROFR) is a contract that gives one party (we’ll call them the “ROFR holder”) the right to be the first allowed to purchase a specific property if it is offered for sale before that property can be sold to anyone else. There can be different styles of ROFR but the most important thing to note is that a seller may not sell their property on the open market without addressing the ROFR.
This month we wanted to focus on answering more questions that we are frequently asked. Below are a few of the most popular ones we’ve received recently.
WHAT IS THE EFFECTIVE DATE AND WHAT DATE SHOULD I PUT FOR THE EFFECTIVE DATE ON MY CONTRACT?
In a TREC contract the effective date is determined by the final date of acceptance by all parties. This date, when all parties have come to agreement and signed the contract, is when the contract becomes binding between the parties. To have final acceptance we must have four items:
If you’ve ever received a title commitment back from your title company showing a requirement related to a divorce for your client you’ve likely wondered why there are additional requirements being made on your Schedule C. In order for a title company to rely on a client’s divorce decree the decree itself must contain some very important language. If the decree is incomplete a warranty deed from the ex-spouse can be required which often results in an unhappy experience for your clients. The article below discusses a few scenarios that can create delays in getting to closing.
This month we wanted to focus on answering the questions that we get asked often.