Training Course
Syllabus:
This seminar is designed for those with experience in the use of real estate contracts and also for those who are relatively new to the business of real estate transactions. It will cover the fundamental issues of real estate contract law and transactions specific to New York law.
Seminar highlights:
- Method of sale and purchase
- Personal property and condition exclusions
- Escrow agreements
- Ethics: Conflicts of interest
9:00 a.m. - 10:30 a.m.
I. Pre-Contract
A. Method Of Sale
B. Method Of Purchase
C. Essentials Of The Sale
D. Inspections
E. Information Needed By Attorney
F. Pitfalls
10:30 a.m. - 10:45 a.m.
Break
10:45 a.m. - 12:45 p.m.
II. Contract
A. Binder (As Contract)
B. Who Prepares
C. Sit Down Or Mail
D. Number Of Copies
E. Plain English Statute
F. Mandatory Riders (Lead Paint, VA, FHA)
G. Real Property Disclosure Act Statement
H. Personal Property And Condition (As Is, Working Order Replacement) Exclusions
I. Date Of Physical Condition And Property On Premises (Now, Presently, Date Of Inspection, Date Of Closing)
J. Date Of Contract If By Mail
K. Post-Closing Possession Agreement
L. Mortgage Contingency (Waiver, Number Of Applications, Owner Occupied)
M. Termite (Definition, Active, Damage, Cap, When Inspect)
N. Ordering Title Report (Municipal, Sewer, Judgment, Lien)
O. Payment Of Transfer Tax
P. Sales Price, Downpayment, Concessions
Q. Lead Paint, Asbestos, Radon, Oil Tank, Alarm, Winter Closing
R. Certificate Of Occupancy Clause (Survey, Plans, Exclusions, Assessment Records, Cap)
S. Form Of Payment (Cash, Personal Check, Bank Checks, Attorney Checks)
T. 1031 Exchanges (Rental Property)
U. Liquidated Damages
V. Working Order And Roof Free Of Leaks
W. Duty To Repair
X. Right To Inspect Before Closing
Y. Downpayment Escrow Clause (Disclose Bank, IOLA, Interest)
Z. Pitfalls
12:45 p.m. - 1:45 p.m.
Lunch (On Your Own)
1:45 p.m. - 3:15 p.m.
III. Closing
A. Clearance With Title Company
B. Clearance With Mortgage Company
C. Clearance With Bank Attorney
D. Time Of The Essence
E. Survey Inspection (CO Report, Plans)
F. Use And Approval Of Power Of Attorney (Absence, Disability)
G. Form Of Payment At Closing
H. Title Documents
I. Mortgage Documents
J. Recording Documents (Transfer Tax, Equalization, Deed, Tax Payment For Out-Of-State Residents)
K. Mortgage Payoff Letters (Short Payoffs)
L. Form Of Ownership On Deed
M. Title Escrow Agreement
N. Lender Escrow Agreement
O. Closing In Escrow
P. Patriot Act – Proof Of Party
Q. Delivery Of Possession – Keys
R. Oil And Water Readings
S. Switching Gas And Electric
T. Distributions Of Proceeds (Parties, Brokers)
U. Settlement Of Post-Closing Disputes (Merger, Agreements)
V. Notice To Tenants
W. Post-Closing Evictions
3:15 p.m. - 3:30 p.m.
Break
3:30 p.m. - 4:30 p.m.
IV. Ethics
A. Conflicts Of Interest
B. Duty To Disclose
C. Disclaimer Agreements
D. Pro Se Parties
E. Escrowee
F. Deceptive Practice
G. Downpayment
H. Other
|