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#74404 - 05/05/05 08:21 PM Re: Legal definition of commission?
RealDealer Offline
Veteran Member

Registered: 10/29/04
Posts: 794
I see what you're your saying. The same thing could be said about any given agent, even top producers sell only a small number of the total.

Now let me give you my statistics using Stratford as an example because it's mentioned in your signature and some of my associates own properties there.

mls.ca currently shows 144 homes for sale. If I dealt directly with those sellers, 30-40 would be interested in what I have to offer, after discussing terms 15 would be worth flipping, and about 5 of those I would be willing to hold myself.

The above is using Lease Purchasing. I don't yet have reliable numbers for the free listing service I mentioned a few weeks ago, but since more sellers want less cash now over more cash later, I expect the interest to be much higher.

I don't think conducting business with 10% of the market is marginal, but maybe that's just my opinion?

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#74405 - 05/06/05 05:00 AM Re: Legal definition of commission?
Canadave Offline
Member

Registered: 01/26/05
Posts: 313
Loc: Ontario Canada
 Quote:
Originally posted by RealDealer:
I see what you're your saying. The same thing could be said about any given agent, even top producers sell only a small number of the total.
That’s exactly my point.

And neither could be considered a “trend”.

If you believe the industry is in transition, and your goal is to understand and reposition yourself you have to take as broad a view as possible. See what the big players are doing, where they are going and what changes they are making.


 Quote:
Originally posted by RealDealer:
Now let me give you my statistics using Stratford as an example because it's mentioned in your signature and some of my associates own properties there.

mls.ca currently shows 144 homes for sale. If I dealt directly with those sellers, 30-40 would be interested in what I have to offer, after discussing terms 15 would be worth flipping, and about 5 of those I would be willing to hold myself.

The above is using Lease Purchasing. I don't yet have reliable numbers for the free listing service I mentioned a few weeks ago, but since more sellers want less cash now over more cash later, I expect the interest to be much higher.

I don't think conducting business with 10% of the market is marginal, but maybe that's just my opinion?
For the record hypothetical conjecture should not be presented as statistical data
_________________________
Watch the real estate market .. http://www.ChomzTV.com


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#74406 - 05/06/05 07:59 AM Re: Legal definition of commission?
RealDealer Offline
Veteran Member

Registered: 10/29/04
Posts: 794
LOL you win Dave. Whether you think you can or think you can't you're right either way.

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#74407 - 05/07/05 07:53 AM Re: Legal definition of commission?
Anonymous
Unregistered


Okay Realdealer here's a court ruling on fees and commissions for dealers or brokers.

http://www.6thcoa.courts.state.tx.us/opinions/HTMLopinion.asp?OpinionID=7418.

 Quote:
The fee for handling the sale of property consisting in part of real estate is considered a real estate commission. Id. at 588; Gibson, 780 S.W.2d at 834. Additionally, the definition of real estate broker is so broad that it covers compensation labeled as "finder's fee." Terry v. Allied Bancshares, Inc., 760 S.W.2d 45, 47 (Tex. App.—Fort Worth 1988, no writ); see Tex. Occ. Code Ann. § 1101.002 (Vernon 2004). Swor expected to be compensated for assisting in a transaction contemplating a sale of real estate. Therefore, the Real Estate License Act applied to Swor, as a broker
 Quote:

The Texas Legislature requires that a real estate dealer secure a license from the Texas Real Estate Commission. Tex. Occ. Code Ann. § 1101.351. It is a criminal offense to engage in the business of a real estate broker, or salesperson, without having procured such license. Tex. Occ. Code Ann. § 1101.756 (Vernon 2004); Hall, 335 S.W.2d at 589. In addition, Section 19 of the Real Estate License Act denies the use of the courts to real estate brokers for the recovery of a commission unless the broker seeking recovery alleges and proves that he or she was a duly licensed real estate broker, or salesperson, at the time the alleged cause of action arose.
 Quote:

The burden was on the dealer or broker to prove that no real estate was included in the transaction. Hall, 335 S.W.2d at 588. Hence, Swor could recover a commission only by showing that he "was not employed to procure prospects or property for the purpose of effecting a transaction that involved any real estate." See Gibson, 780 S.W.2d at 834. It is clear Swor failed to demonstrate he was not employed to procure any real estate.
Fee is by any other name is a commission. But needs to be in writing and real estate must be part of the transaction. A real estate license is needed unless it can be proven that no real estate was part of the transaction.

What do you think? I think it's clear that anybody can charge a fee if no real estate is in the picture.

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#74408 - 05/07/05 08:03 AM Re: Legal definition of commission?
RealDealer Offline
Veteran Member

Registered: 10/29/04
Posts: 794
I think by that definition the only thing that a non-licensed, non-principal cannot do is be paid to show the property. They can be paid for advertising, qualifying prospective buyers, paperwork and closing. So it would be a simple matter to offer "FREE Open House!" while being paid for everything else.

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#74409 - 05/07/05 08:17 AM Re: Legal definition of commission?
Anonymous
Unregistered


 Quote:
Originally posted by RealDealer:
They can be paid for advertising, qualifying prospective buyers, paperwork and closing. So it would be a simple matter to offer "FREE Open House!" while being paid for everything else.
Keep in mind there are other regulations that can come in play. loan broker licensing. escrow/closing licensing. A clear in real estate doesn't exempt in other areas. But yes free open house is one way to beat the re requirement.

As Dave had mentioned re agents group different
activties to add value to the transaction but now the industry is changing that these "value added" services can be done by the owner.

As agents we will have to find ways to increase the value for our time. But as innovators we also have to recognize that many of the value added services are no longer needed.

Ebay was able to beat the auction licensing laws in every state by calling themselves a platform for owners/principles to transact.

Get ready for this to happen in real estate.

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#74410 - 05/07/05 03:55 PM Re: Legal definition of commission?
pikes peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2744
Loc: CO
I don’t see the general public doing these things that we are licensed to do: Prepare receipts & options, Deeds, Promissory notes, Deeds of Trust, Mortgages, Releases of encumbrances, Leases, Notice Terminating Tenancies, Demand to Pay Rent or Vacate and Giving explanations or advice as to the legal effects.
Granted, not all states allow this, because it might constitute practicing law there, but here (CO.)we can.

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#74411 - 05/07/05 04:40 PM Re: Legal definition of commission?
Anonymous
Unregistered


How often do you do ALL these things in the same transaction? You make it sound like EVERY sale involves all those forms. and yep in many state's it's also illegal for agents to do them. There are people that can do these things too, both legally and efficiently.

Just as REALTORS can fill in the blanks I would imagine an online form can get a lot done increasing the number of fsbos on the market.

Think online tax filing and thats what we can look forward to. Turbotax has done a fine job at turning pages and pages of paperwork and instructions manual into a step by step tax filing in 30 minutes or less.

The market is no longer just fsbos or agents now it's a mix of the two. This is good for realtors and good for consumers.

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#74412 - 05/07/05 04:45 PM Re: Legal definition of commission?
RealDealer Offline
Veteran Member

Registered: 10/29/04
Posts: 794
Agents shouldn't be allowed to do any of that either unless they're also a lawyer, or at least a paralegal specializing in real estate. I've known far too many lawyers (even real estate lawyers) who were totally incompetant to advise clients on many of the items you mentioned, the last thing we need is agents with virtually no training in those areas doing so as well. I'm shocked CO allows it!

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#74413 - 05/07/05 05:05 PM Re: Legal definition of commission?
Anonymous
Unregistered


That reminds me. I once dated a real estate attorney. She had her assistant do all the work applying her signatures when needed. We used to discuss real estate at length and it frightens me that she's out doing what she's doing.

REALTORS And legal forms that frightens me even more. I wonder if E&O cover errors on legal forms drafted by agents?

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