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1 ARE 306 Unit 11 Real Property: Acquisition & Disposition.

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Presentation on theme: "1 ARE 306 Unit 11 Real Property: Acquisition & Disposition."— Presentation transcript:

1 1 ARE 306 Unit 11 Real Property: Acquisition & Disposition

2 2 Contracts for the sale of land l Options l Preemptive rights l Contracts for sale - interim l Contracts for sale - long-term

3 3 Options l Must have all elements of a contract l Optionee not bound to purchase l Counteroffers do not extinguish option l Record to give priority l Must be in writing

4 4 Preemptive rights (Right of First Refusal) l Owner not bound to sell l Rule against perpetuities l Reasonable pricing mechanism

5 5 Real estate sales contracts (interim) l Statute of frauds l Remedies for breach l Parol evidence

6 6 Real estate sales contracts (Long-term) l Financing device l Transfer of deed after last payment

7 7 Deeds l General warranty l Special warranty l Quitclaim (nonwarranty)

8 8 General warranty deed l Indefeasible estate (seisin and right to convey) l Free from encumbrances (except those listed) l Seller will defend title

9 9 Special warranty l Free from defects & encumbrances that may have arisen since seller acquired title

10 10 Quitclaim deed l No warranties

11 11 Security interests l Mortgage l Deed of trust

12 12 Methods of sale l Private agreement l Broker/agent l Auction l Sealed bid

13 13 Broker/agent l Buyer agency l Seller agency l Dual agency

14 14 Listings l Open l Exclusive agency l Exclusive right-to-sell l Multiple

15 15 Merchantable title l Abstract l Defects l Title insurance Lenders Owners


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