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A real estate agent must be competent in the following 3 areas:
Knowledge of property transfers, market conditions, and how to market real estate
Farm area (in real estate)
Geographic area or a specific type of residential property where the associate collects data and education of that particular area or type of property
Selecting a farm area allows a sales associate to…
Focus and target to better align their business in one area, rather than trying to take on too much information
Special purpose property meaning and some examples
Properties that require repurposing or a knowledge of the consumer's desires in order to sell (one-of-a-kind types of properties). Examples include schools, churches, nursing homes, post offices, and hospitals
Absentee owners
Persons who own, but do not reside in the property
Property manager agreement
A document that is signed by a property manager and the owner of the property that outlines the specific duties that the property manager agrees to complete
Fiduciary
A person having a duty to act primarily for another's benefit. Involves duties such as good faith, trust, special confidence, and candor
What makes a community association manager (CAM) different from a property manager?
A CAM is licensed through the state to manage the functions of an association of 10+ units or that has an annual budgeter of over $100,000
What must a property manager agreement include? (10)
-Name of address of the property owner
-Name of address of the property manager and brokerage
-Address and legal description of the property
-Start and end date of the agreement (must have both)
-Specific services to be rendered
-Extent of the property manager's authority
-Procedures for reporting on the status of the property
-Method and schedule of compensation
-Signature of the property owner
-Signature of the property manager/broker
-Name of address of the property manager and brokerage
-Address and legal description of the property
-Start and end date of the agreement (must have both)
-Specific services to be rendered
-Extent of the property manager's authority
-Procedures for reporting on the status of the property
-Method and schedule of compensation
-Signature of the property owner
-Signature of the property manager/broker
What are the 4 types of maintenance that a property manager must be familiar with conducting to keep the property pristine?
-Preventative maintenance
-Routine maintenance
-Repair maintenance
-Construction maintenance
-Routine maintenance
-Repair maintenance
-Construction maintenance
Preventative maintenance
Work done to maintain the property routinely, such as caulking windows and doors, adding oil and fluids to machinery and elevators, spot painting, rust removal, and changing air conditioning filters
Routine maintenance
Consists of lawn mowing, cleaning, inspections, pool cleaning, and other day-to-day tasks that keep the property prepared for tenancy
Repair maintenance
Involves the hiring of a specialist (plumber, electrician, heating, ventilation, and HVAC) to perform repairs beyond the preventative and routine maintenance that do not require a trade license
Construction maintenance
A total remodel or addition, such as adding a clubhouse or pool to help the property become more competitive in the market
Does a property manager have a fiduciary relationship with the tenant of the property?
No
What is the primary responsibility of any property manager?
To protect the owner's investment and maximize the owner's returns on their investment
Appraisal
An estimation of value, performed by a licensed appraiser, using specific techniques and criteria
What is the purpose of an appraisal?
To obtain a loan, obtain insurance value, obtain a divorce settlement, or determine capital gains on a soon-to-be-sold property
What are the 3 levels of appraisers for the State of Florida?
-Registered Trainee Appraiser (works under the guidance of a certified appraiser)
-Certified Residential Appraiser (may appraise residential properties only)
-Certified General Appraiser (may perform any type of residential or commercial appraisal)
Can a Florida licensed real estate broker, sales associate, or broker associate who is not a Florida certified or licensed real estate appraiser provide valuation services for compensation?
Yes, as long as they do not represent themselves as a certified appraiser and that they use the Uniform Standards of Professional Appraisal Practice (USPAP) as their guide
How must an appraiser be paid?
On a fee-per-job basis, not a percent of the value of the property
Broker price opinion
A quick opinion as to the value of a property based on recent sales in the market. Generally requested of a local expert who collects data and provides it in a specific format to the bank
Comparative market analysis (CMA)
A method to value homes based on recent home sales, homes currently on the market, and homes that were listed but did not sell. Usually used to determine things like listing price, offer price, and overall compare the value of one house by comparing it to similar others
What are some of the financing sources available to a buyer? (6)
-Banks
-Savings and loans
-Credit unions
-Mortgage bankers and mortgage brokers
-Insurance companies
-Private lenders (hard money lenders)
-Savings and loans
-Credit unions
-Mortgage bankers and mortgage brokers
-Insurance companies
-Private lenders (hard money lenders)
All mortgage loan originators, lenders, and those who bring lenders and consumers together (mortgage brokers) must be registered with what organization?
The Consumer Financial Protection Bureau (CFPB)
Counseling (in real estate)
A real estate service for a fee where a customer is advised through the couselor's analysis of trends for projects, providing advice based upon their knowledge of the real estate business. This requires extensive knowledge and expertise in the areas of advice
What are the steps that a develop must complete before the land development project can bre realized? (6)
-Land acquisition (purchase)
-Planning and conservation (through the local and state law requirements)
-Subdivision (includes recording of the plat map)
-Creating roads and utilities
-Development
-Construction
-Planning and conservation (through the local and state law requirements)
-Subdivision (includes recording of the plat map)
-Creating roads and utilities
-Development
-Construction
Assemblage
Assembling several small pieces of land to create a large piece
Subdividing
Creating smaller areas of land for different purposes
Subdivision plat map
A visual drawing of where each lot and block will be located, as well as streets, parks, and utilities. This is then submitted to the local planning department for consideration
Dedication
A developer or builder "dedicates" real property toward public use. Examples include parks, schools, hospitals, etc.
What are the 3 ways that residential construction may be created depending upon the builder's criteria
-Speculation or "spec" homes
-Tract homes
-Custom homes
-Tract homes
-Custom homes
Speculation ("spec") homes
New, move-in ready homes, built to show a builder's use of space and quality and without a specific buyer in mind
Production home
A special type of spec home, where if the buyer has some requirements, the builder will add those to the production within a community. For example, a buyer choosing a style, elevation, or different layout to their liking
Tract homes
Built to a certain set of guidelines used for a particular subdivision. Very similar in design to other homes in the subdivision and usually vary only nu the color of paint, carpet, etc. Often called "cookie cutter" homes
Custom home
A home built for a specific buyer using an architect's drawings as the foundational and building plans. These tend to be quite expensive as they are more "art" than building and also take longer to build
Role of local government in real estate (7)
-Zoning laws
-Occupancy permits
-Taxation of real property
-Business permits for professional offices and services based upon zoning
-Planning (the authority set to control growth, water, and roads)
-Building codes and oversight of plans
-Court records of communities, plats, condos, cooperatives, and HOAs Declarations and covenants
-Occupancy permits
-Taxation of real property
-Business permits for professional offices and services based upon zoning
-Planning (the authority set to control growth, water, and roads)
-Building codes and oversight of plans
-Court records of communities, plats, condos, cooperatives, and HOAs Declarations and covenants
Role of state government in real estate (5)
-Taxes for recording of deed, transfers of property
-Estate taxes and rules regarding inheritance
-Conservation guidelines specific to the state
-Overall building codes (overseen by the state and mandated for local building municipalities to follow)
-Professional licensing (for all individuals and entities whose business involves public trust in their skills or occupation and/or trades)
-Estate taxes and rules regarding inheritance
-Conservation guidelines specific to the state
-Overall building codes (overseen by the state and mandated for local building municipalities to follow)
-Professional licensing (for all individuals and entities whose business involves public trust in their skills or occupation and/or trades)
Role of federal government in real estate (4)
-Federal agencies such as: the Department of Housing and Urban Development (HUD), the Federal Housing Administration (FHA), the Consumer Financial Protection Bureau (CFPB), the Federal Reserve (FED), and the Department of Veteran's Affairs (VA)
-Laws such as Federal Fair Housing, the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act, Americans With Disabilities Act, Consumer Telecommunications Protections Act (TCPA), Can SPAM Act, Sherman Anti-Trust and Clayton Acts, and Environmental Protection Act (EPA)
-Taking of land for national parks wildlife, and wetland areas
-Federal taxes that may attach to property
-Laws such as Federal Fair Housing, the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act, Americans With Disabilities Act, Consumer Telecommunications Protections Act (TCPA), Can SPAM Act, Sherman Anti-Trust and Clayton Acts, and Environmental Protection Act (EPA)
-Taking of land for national parks wildlife, and wetland areas
-Federal taxes that may attach to property
NAR Certified International Property Specialist (CIPS)
Individuals who desire to work with foreign investors and commercial properties to include apartments, warehouses, land, and businesses
NAR Graduate Realtor Institute (CRI)
Showcases the understanding of real estate practices in residential and commercial listings, sales, and property management. Includes taking courses for this designation to be awarded
NAR C2EX--Commitment to Excellence
A program provided through NAR to supplement their commitment to fair housing, ethics, quality service, and leadership
NAR CRE--Couselors of Real Estate
For commercial REALTORS with 10 years of experience. Members may also be nominated for membership by their peers
NAR Green Resource Council
Supports environmentally friendly buildings and developments
NAR Real Estate Business Institute (REBI), formally REBAC
Oversees training and education for REALTORS to ensure that qualifications meet current business trends and changes
NAR Residential Real Estate Council (RREC)
Oversees residential specialization for the industry
NAR Realtors Land Institute (RLI)
Endorses and supports REALTORS who wish to specialize in land sales
NAR SRES Council
Oversees the Senior Real Estate Specialist program and protects the rights of those over a certain age and the supporting agencies in education
NAR Women's Council of REALTORS
National, state, and local membership and education and networking designed to enhance women's leadership in real estate. Although they advocate for women's leadership, they are open to all sexes
American Real Estate Society (ARES)
A think tank society that encourages processes to improve the real estate industry. They are more aligned for higher education studies of real estate for real estate college and legal students
Association for Real Estate License Law Officials (ARELLO)
This international organization works as a trade association of many state real estate regulators
Real Estate Education Stakeholders (REEA)
Includes instructors, trainers, regulators, schools, authors, and others in the real estate education industry. Continually provides the latest tools and techniques for effective adult real estate education
An agriculture property in Florida is a property that has more than ____ acres
10
A seller who finances more than one home in a two-year period may be required to register as a _________________
Loan originator
Mission statement of the DBPR
To "license efficiently and regulate fairly"
Division of Real Estate
Part of the DBPR; responsible for the oversight of examination, licensing, and regulation individuals, corporations, real estate schools, and instructors while verifying the integrity of real estate salespersons and brokers
Florida Real Estate Commission (FREC)
Enforcer of real estate rules and laws through applied discipline and education
Who appoints members of the Florida Real Estate Commission
The governor
Caveat emptor
Latin for "let the buyer beware" and reflects an as is buying style that applies to individuals who buy and sell real estate without a licensed professional
Chapter 20 Florida Statute
Created the organizational structure for the state to support its residents by authorizing the DBPR
Chapter 120 Florida Statute
Provides rulemaking authority to components of the DBPR and extends that authority to the FREC