Title vesting refers to the legal manner in which an individual or entity holds ownership rights to a piece of real property. It is a crucial aspect of property transactions, as it determines the rights, Read more...
Title vesting refers to the legal manner in which an individual or entity holds ownership rights to a piece of real property. It is a crucial aspect of property transactions, as it determines the rights, interests, and privileges of the property owners and how the ownership is transferred or inherited in the event of a sale, gift, or death. Understanding title vesting is essential for anyone involved in real estate transactions, as it impacts decision-making, estate planning, and dispute resolution, ultimately shaping the rights and obligations of all owners.
I’m sure you remember this if you took my real estate license course, but real estate agents should never give their clients advice on title vesting methods for several reasons:
Lack of expertise: Real estate agents are not licensed attorneys, and their expertise lies in facilitating property transactions, marketing, and negotiating deals. Title vesting involves complex legal concepts and ramifications that require a thorough understanding of property and estate law. Providing advice without the necessary legal knowledge can result in misinformation, potentially causing financial and legal issues for clients.
Legal liability: A real estate agent may inadvertently assume a legal duty of care to their clients by offering advice on title vesting methods. If the advice turns out to be incorrect or causes harm to the client, the agent may be liable for damages through a negligence or malpractice claim.
State licensing regulations: Most states have laws prohibiting real estate agents from engaging in activities reserved for licensed attorneys, such as providing legal advice on title vesting methods. Violating these regulations can result in disciplinary actions, including fines, suspension, or revocation of the agent's real estate license.
Client's best interest: Real estate agents have a fiduciary duty to act in their clients' best interests. By refraining from advising on title vesting methods, agents ensure that clients consult qualified legal professionals who can provide accurate, tailored advice that aligns with the clients' unique circumstances and objectives.
It’s important to remember that I’m writing this article to help folks trying to pass the real estate exam. This article also should not be viewed as tax or legal advice.
Real estate agents should avoid advising on title vesting methods to protect their clients' interests, maintain professional boundaries, comply with licensing regulations, and avoid legal liability. Instead, agents should recommend clients consult a qualified attorney to obtain accurate and appropriate guidance on title vesting matters.
Even though real estate agents can’t advise their clients on how to vest, aspiring real estate professionals preparing for the real estate license exam must have a solid understanding of various property ownership types, especially joint tenancy and tenancy in common. I wanted to compare the pros and cons of these co-ownership forms, highlighting their differences and significance in real estate law.
With the help of ADHI Schools’ online real estate classes and resources, candidates pursuing a California real estate license can enhance their knowledge of these key concepts but this article will serve as a good starting point even if you aren’t already enrolled.
Joint Tenancy
Joint tenancy is a popular title vesting method in real estate, allowing two or more individuals to own property with unique rights and protections. This section explores the concept of joint tenancy, its characteristics and provides an example of joint tenancy ownership to illustrate its practical application in real estate transactions.
Understanding Joint Tenancy
Joint tenancy is a form of co-ownership in which two or more individuals hold an undivided interest in a property. It is characterized by the presence of the "four unities": time, title, interest, and possession. To help you prepare for the real estate license exam, you can remember this by the acronym TTIP.
This means that all joint tenants acquire their interests in the property simultaneously (TIME), from the same deed or document (TITLE), with equal ownership shares (INTEREST), and have equal rights to possess and use the entire property (POSSESSION).
One key feature that sets joint tenancy apart from other forms of co-ownership is the "right of survivorship." When one joint tenant dies, their interest in the property automatically passes to the surviving joint tenants, typically bypassing probate and avoiding potential delays and costs associated with the probate process.
Example of Joint Tenancy Ownership
Consider a married couple, John and Jane, who decide to purchase a home together. They opt for joint tenancy as their title vesting method. As joint tenants, they each hold an undivided 50% interest in the property and have equal rights to use and occupy the entire home.
The right of survivorship plays a crucial role in their ownership arrangement. If John were to pass away unexpectedly, his interest in the property would automatically transfer to Jane, making her the home's sole owner. This transfer occurs outside of the probate process, providing Jane with immediate, uninterrupted access to the property.
As joint tenants, John and Jane must make unanimous decisions regarding the property's management, maintenance, and any potential sale. This consensus requirement helps ensure that both parties' interests are considered and respected.
Conclusion
Joint tenancy is a widely used title vesting method in real estate, offering unique benefits to co-owners, such as the right of survivorship and equal ownership interests. Understanding the concept of joint tenancy and its implications is essential for individuals considering this form of co-ownership, as it directly impacts their rights, obligations, and estate planning strategies. By examining the example of John and Jane's joint tenancy ownership, we can better understand this title vesting method's practical application and advantages in real-life scenarios.
Pros and Cons of Joint Tenancy
Pros:
1. Right of survivorship: Joint tenancy comes with the right of survivorship, meaning that when a joint tenant dies, their interest in the property passes automatically to the surviving tenants. This avoids probate, saving time and expenses. This could be a benefit to joint tenancy.
2. Equal ownership: All joint tenants hold equal ownership interests and possess the same rights, ensuring fairness among co-owners.
3. Simplified decision-making: As all joint tenants have equal rights and interests, decision-making related to the property's management and use is more straightforward.
Cons:
1. Limited control: Joint tenants cannot independently sell, transfer, or encumber their share of the property without affecting the entire ownership structure.
2. Potential disagreements: Equal ownership rights and interests may lead to disputes among joint tenants, as all decisions must be unanimous.
3. Inflexible ownership shares: Joint tenancy requires equal ownership shares, which might not suit all co-owners' preferences or financial situations.
Tenancy in Common
Tenancy in common is a prevalent title vesting method in real estate that enables two or more individuals to own property together while retaining separate and distinct interests. In this section of this article I wanted to delve into the concept of tenancy in common, its characteristics and provides an example of tenancy in common ownership to demonstrate its practical application in real estate transactions.
Understanding Tenancy in Common
Tenancy in common is a form of co-ownership in which two or more individuals hold separate and distinct interests in a property. Unlike joint tenancy, tenancy in common does not require the presence of the "four unities" – time, title, interest, and possession. This means that tenants in common may acquire their interests in the property at different times, through different documents, or in unequal shares. However, all tenants in common have equal rights to possess and use the entire property, regardless of their ownership shares.
A critical difference between tenancy in common and joint tenancy is the absence of the "right of survivorship" in a tenancy in common when a tenant in common dies, their interest in the property passes to their heirs or designated beneficiaries, as outlined in their will or state intestacy laws, rather than automatically transferring to the surviving co-owners.
Example of Tenancy in Common Ownership
Consider three friends, Alice, Bob, and Carol, who decide to invest in a vacation property together. They choose tenancy in common as their title vesting method due to its flexibility in ownership shares. Alice contributes 50% of the purchase price, while Bob and Carol each contribute 25%. While not required, their ownership interests in the property reflect their respective contributions:
Alice owns a 50% interest, while Bob and Carol each own a 25% interest.
Since there is no right of survivorship in a tenancy in common, if Alice were to pass away, her 50% interest in the property would not automatically transfer to Bob and Carol. Instead, her interest would pass to her designated beneficiaries or heirs according to her will or state laws covering the property of a deceased when they die with no will - also called intestate.
As tenants in common, Alice, Bob, and Carol must collaborate on property management, maintenance, and potential sales decisions. However, each tenant in common has the freedom to sell or transfer their interest in the property without the consent of the other co-owners.
Conclusion
Tenancy in common is a widely used title vesting method in real estate, offering unique benefits to co-owners, such as flexible ownership shares and the ability to transfer interests independently. Understanding the concept of tenancy in common and its implications is crucial for individuals considering this form of co-ownership, as it directly impacts their rights, obligations, and estate planning strategies. By examining the example of Alice, Bob, and Carol's tenancy in common ownership, we can better understand the practical application and advantages of this title vesting method in real-life scenarios.
Pros and Cons of Tenancy in Common
Pros:
1. Flexible ownership shares: Tenancy in common allows co-owners to hold unequal property shares, making it a more flexible option for parties with differing financial capacities or preferences.
2. Independent control: Tenants in common can more easily sell, transfer, or encumber their share of the property without the consent of other co-owners compared to a joint tenancy vesting.
3. Customizable estate planning: Tenancy in common enables co-owners to choose their property share's beneficiaries, offering greater freedom in estate planning.
Cons:
1. No right of survivorship: Tenancy in common lacks the right of survivorship, which means that a co-owner's share of the property passes through probate upon their death, potentially causing delays and expenses.
2. Complex decision-making: As tenants in common may hold unequal shares, decision-making related to property management and use can be more complicated, especially if there are disagreements among co-owners.
3. Potential partition risks: In case of disputes or a desire to sell, tenants in common may face the risk of court-ordered partition, which can lead to a forced sale or physical division of the property.
In preparation for the real estate license exam, it is essential to understand the pros and cons of joint tenancy and tenancy in common and their legal implications. Our real estate classes for obtaining a California real estate license can provide you with the necessary knowledge to navigate these critical co-ownership concepts on the real estate test confidently.
Love,
Kartik
TLDR: Title vesting determines the ownership rights and transfer of property in real estate transactions, and it's important to understand the different methods available. Real estate agents should avoid giving advice on title vesting due to lack of legal expertise, legal liability, state licensing regulations, and the clients' best interests. Two common co-ownership forms are joint tenancy and tenancy in common. Joint tenancy offers the right of survivorship, equal ownership, and simplified decision-making, but limited control and potential disagreements. Tenancy in common allows for flexible ownership shares, independent control, and customizable estate planning, but lacks the right of survivorship, has complex decision-making, and potential partition risks. It's important to understand the pros and cons of these methods and their legal implications for the real estate license exam
|
Getting your real estate license is the first step to becoming a successful agent. While many agents dream of selling luxury real estate and catering to an affluent clientele, it takes dedication, hard Read more...
Getting your real estate license is the first step to becoming a successful agent. While many agents dream of selling luxury real estate and catering to an affluent clientele, it takes dedication, hard work, and the right strategies to break into this competitive market. This article will guide you on your journey to becoming a luxury real estate professional, offering tips on gaining confidence, staying relevant, and thriving in the industry.
Step 1: Obtaining Your Real Estate License and Preparing for the Luxury Market
If you aim to work in California, you must familiarize yourself with the state's real estate license requirements California has specific regulations that govern real estate professionals, and understanding these rules will ensure you're well-prepared to succeed in the luxury market.
Applicants must be at least 18 years old and a legal resident of the United States. If you are an out-of-state candidate, the good news is that California residency is not a prerequisite.
Candidates must complete 135 hours of pre-license education from a California-approved real estate school like ADHI Schools. The coursework consists of three 45-hour courses: Real Estate Principles, Real Estate Practice, and an elective course.
Once the pre-license education is complete, candidates must submit their application for the exam and license with the required fees. The state exam costs $100, and a four-year license costs $350.
If you take and fail the real estate license exam, you can retake it by paying another $60 fee to the state. This is one of the many reasons you want to enroll with ADHI Schools to increase your chances of passing the first time!
Why ADHI Schools is the Premier Choice
ADHI Schools is considered the premier choice for obtaining a California real estate license based on several factors:
Comprehensive Curriculum: ADHI Schools offer a thorough and engaging curriculum covering all the required California real estate licensing courses. The courses are designed to prepare students for success in both the licensing exam and their real estate careers.
Flexible Learning Options: ADHI Schools provides various learning options, including online courses, physical textbooks, live classes, and hybrid programs, allowing students to choose the most convenient and suitable format for their needs.
Expert Instructors: The instructors at ADHI Schools are experienced professionals with in-depth knowledge of the real estate industry. They are dedicated to helping students understand complex concepts and prepare for the challenges of a real estate career. Our newest instructor has been teaching for over ten years.
Exam Preparation: ADHI Schools offers comprehensive material and resources to ensure students are well-prepared for the California real estate salesperson examination. This includes practice exams, study guides, and personalized support from instructors.
Student Support: The staff at ADHI Schools is committed to providing exceptional support and guidance throughout the licensing process. Students can rely on ADHI Schools for assistance and encouragement from enrollment to exam preparation and beyond.
ADHI Schools has established itself as the premier choice for aspiring real estate agents seeking a California real estate license by offering a comprehensive curriculum, flexible learning options, expert instructors, and outstanding support.
Step 2: Gaining Confidence in the Luxury Real Estate Markets
Now that you have your California real estate license, the next step is to enter the luxury real estate world.
If you want to break into the luxury market, it’s important to remember that the brokerage you work with matters. I know you might have an uncle or cousin who is a real estate broker, and they are offering you a “good split.” Still, the truth is that working with an established luxury brokerage provides you with invaluable access to a network of other experienced luxury agents and brokers. As a new agent, you can benefit greatly from the mentorship, guidance, and support of seasoned professionals who have navigated the unique challenges and opportunities within the luxury market. This can help you accelerate your learning curve, avoid common pitfalls, and develop the confidence and expertise necessary to thrive in the competitive luxury niche.
Second, a brokerage with a well-regarded luxury brand will often have an extensive client base and a steady flow of high-end listings. By joining such a company, you gain immediate credibility and exposure to potential clients and other industry professionals. This can help you build your reputation, establish trust, and attract the affluent clientele essential for success in luxury real estate.
Furthermore, a luxury-focused brokerage is more likely to invest in the specialized resources and tools necessary to excel in this niche market. This includes advanced marketing strategies, cutting-edge technology, and high-quality support services, which can enhance your ability to market and sell luxury properties effectively. By leveraging these resources, you can deliver a superior experience to your clients and set yourself apart from the competition.
Networking with luxury professionals
Networking with experienced luxury real estate agents and brokers can provide invaluable connections, insights, and mentorship opportunities. Attend industry events, conferences, and local gatherings to build relationships that can help you gain confidence and knowledge.
It’s also critical to stay informed about market trends. Keep updated with the latest luxury real estate trends, news, and developments. This will help you gain confidence in your understanding of the market and provide essential information that can benefit your clients and potential leads.
Learn From Top Producers
As a new Realtor aiming to break into the luxury real estate market, learning from top producers and observing their strategies is critical in accelerating your growth and success. Top producers have navigated the challenges of the luxury market and honed their skills, allowing them to achieve exceptional results consistently. By studying their approaches, you can glean valuable insights and adopt proven techniques to thrive in this competitive niche.
One key aspect of learning from top producers is understanding their marketing strategies. Luxury real estate demands a tailored approach that effectively showcases the properties' unique features and appeals to the discerning tastes of affluent clientele. Watch how successful agents utilize high-quality photography, videography, and virtual tours to present properties in their best light. Additionally, take note of their branding, storytelling, and targeted marketing efforts across various platforms, including social media, print advertising, and digital channels. By adopting and adapting these strategies, you can enhance your marketing campaigns and attract the attention of prospective luxury clients.
Another critical element to consider is the exceptional level of customer service that top producers provide. Luxury real estate clients often have high expectations, and successful agents are adept at meeting and exceeding those demands. Pay close attention to how top producers communicate, negotiate, and problem-solve and how they anticipate and address clients' needs.
Emulating their strong interpersonal skills and commitment to client satisfaction will help you build lasting relationships and a reputation for excellence in the luxury market.
Moreover, top producers are often well-versed in industry trends, market data, and luxury clients' specific needs and preferences. By staying informed and maintaining a deep understanding of the luxury market, you can position yourself as a knowledgeable resource and trusted advisor to your clients. Learn from successful agents by following their lead, consistently updating your knowledge, and staying ahead of market shifts and trends.
Step 3: Staying Relevant as a Luxury Real Estate Professional
To stay relevant as a luxury real estate agent, it’s important to remember that the real estate industry is constantly evolving, and staying ahead of the curve is crucial for success. Participate in online real estate classes, workshops, and seminars to keep your skills sharp and your knowledge current.
Don’t be beholden to the old ways of doing things. It’s often said, "What got you here won’t get you there.”
Embrace new technologies and tools that can streamline your workflow, improve your marketing efforts, and provide a better experience for your clients. From virtual property tours to advanced customer relationship management software, staying technologically savvy will help you remain relevant in the luxury market.
Finally, a strong personal brand is essential for standing out in the luxury real estate market. Invest in professional photography, create a polished website, and develop a consistent presence on social media to demonstrate your expertise and commitment to the luxury market.
Final word
Breaking into the luxury real estate market takes dedication, persistence, and a willingness to learn. By obtaining your real estate license, gaining confidence through networking and market knowledge, and staying relevant with continuous education and technology, you'll be well on your way to becoming a successful luxury real estate professional.
Your first step in starting a career in real estate begins with the right real estate school. Enroll online at www.adhischools.com or call us at 888 768 5285.
Love,
Kartik
|
As a real estate license school in Rancho Cucamonga, California, we are vested in local developments and how they impact the surrounding community. Recently, IKEA's announcement of abandoning its initial Read more...
As a real estate license school in Rancho Cucamonga, California, we are vested in local developments and how they impact the surrounding community. Recently, IKEA's announcement of abandoning its initial plans to construct a colossal retail store in Ontario and opting for a distribution warehouse piqued my interest. Furthermore, the city's reaction to this planned shift carries significant implications and is worth observing closely. I wanted to write about this specifically because there are so many lessons here for the new real estate agent or the person studying for their real estate license exam. Among these lessons are exploring the role of cities in dictating land use, how the economy has changed post-pandemic, and how that has influenced this potential new location.
Public records reveal that in 2019, IKEA purchased at least five parcels just north of the 10 freeway in Ontario, encompassing around 25 acres of land. Reporting indicates that IKEA initially planned to build a 330,000-square-foot retail store on Inland Empire Boulevard, across from the Ontario International Airport. This was undoubtedly a massive decision for IKEA as the company only has around 50 stores in the entire United States and there is already a massive retail showroom in Covina - only about 15 miles west of the proposed new location. Reporting also suggests that due to the pandemic, the company pivoted its business model and wanted to build a distribution warehouse instead of a full retail location.
In the same reporting, the Daily Bulletin reports that this proposal to change the site from a retail showroom to a distribution center did not sit well with the city of Ontario. It appears that the city is going to block IKEA’s proposal according to additional reports.
Questions remain as to what IKEA will now do with the around 25 acres that they own and whether they will be able to come to some compromise with the city of Ontario.
From your Real Estate Principles course, you might remember that in urban planning, general and specific plans serve as two distinct yet related tools for guiding land use, development, and growth within a city or a county. Both plans help ensure that development occurs in a well-organized and sustainable manner, addressing various aspects of land use, zoning, transportation, housing, and environmental concerns.
General Plan
A general plan, or a comprehensive plan or master plan, is a comprehensive, long-range policy document that establishes the overall vision, goals, and objectives for a city or county's future growth and development. It provides a framework for land use, circulation, housing, conservation, open space, safety, noise, and other elements crucial to the community's well-being. The general plan guides decision-making regarding zoning, capital improvements, public services, and other land use matters.
The general plan consists of several elements, each addressing a specific community development aspect. These elements are usually interrelated and should be consistent with one another. State laws often dictate the minimum required elements for a general plan, but local governments may include additional elements as they see fit.
Specific Plan
On the other hand, a specific plan is a more detailed planning document that focuses on a smaller, well-defined area within the jurisdiction. It serves as a bridge between the general plan's broader policies and the actual development projects that will take place within the specific plan area.
Specific plans outline precise development standards, land use designations, zoning regulations, infrastructure requirements, and implementation measures for the targeted area. They are tailored to address the unique needs and characteristics of the area in question, ensuring that development occurs in accordance with the community's vision and the general plan's goals.
In summary, while the general plan provides a comprehensive, long-range vision for the entire city or county, the specific plan offers a more detailed and focused approach to land use and development within a particular area. Both types of plans work together to ensure that growth and development occur in a well-planned and sustainable manner, reflecting the needs and aspirations of the community.
The Post-Pandemic Economy and IKEA's Decision
The COVID-19 pandemic has significantly impacted the global economy, forcing businesses to adapt and change their strategies. One major shift has been the growth of e-commerce and the need for more efficient distribution channels. IKEA's decision to attempt to build a distribution warehouse instead of a traditional retail store is a clear reflection of this trend.
As a real estate license school, we must stay updated on such trends and share our insights with our students and community. The evolving economy post-pandemic, the impact on businesses like IKEA, and the importance of cities' role in land use are all valuable lessons for aspiring real estate professionals.
Ontario's IKEA distribution center dilemma is a prime example of how the post-pandemic economy, land use regulations, and city planning intersect in real estate. As a real estate school, we strive to provide relevant, timely, and informative content for our students and community.
Stay tuned to our ADHI Schools blog for more local developments and real estate news updates and if you are interested in getting your real estate license visit www.adhischools.com or call us at 888-768-5285.
Love,
Kartik
|
For most people, purchasing a home is one of the most significant financial decisions an individual can make in their lifetime. Given the considerable investment involved, homebuyers need to ensure that Read more...
For most people, purchasing a home is one of the most significant financial decisions an individual can make in their lifetime. Given the considerable investment involved, homebuyers need to ensure that the property they are buying is structurally sound and free from potential problems. A critical step in achieving this is getting a home inspection before closing escrow. I wanted to write an article discussing a home inspection, why buyers should get home inspections, the typical costs associated with home inspections, and the process involved.
This is especially important reading for the licensee who just passed the real estate exam and completed real estate school because this topic isn’t really tested on the state licensing exam in California.
What is a Home Inspection?
A home inspection should be a comprehensive assessment of a property's physical structure, systems, and overall condition, carried out by a qualified professional - a home inspector. The primary goal of a home inspection is to identify any existing or potential issues that may affect the value, safety, or functionality of the home. The inspection typically includes visually examining the property's foundation, roof, plumbing, electrical systems, heating and cooling systems, insulation, ventilation, and other essential components. Upon completion, the home inspector provides the buyer with a detailed report outlining their findings and recommendations for any necessary repairs or improvements.
Who Licenses Home Inspectors in California?
Despite the lack of a licensing requirement for home inspectors in California, it is still highly advisable for buyers to seek a home inspection before purchasing a property. A home inspection performed by an experienced and reputable inspector offers invaluable insights into the condition of a house and helps buyers make informed decisions about the transaction.
The absence of a licensing requirement raises concerns about the quality and reliability of home inspections in the state. Licensing home inspectors would ensure minimum competence and knowledge, thereby providing greater protection to consumers. It would also help maintain industry standards and create a more level playing field for professionals. With a formal licensing process, home inspectors would be required to undergo training, demonstrate expertise, and adhere to ethical guidelines, ultimately resulting in better service and more reliable outcomes for home buyers - but that’s not the case as of the time of this writing. Home inspection companies aren’t required to be licensed in California.
By implementing a licensing system, the state would help ensure home inspectors are held accountable for their work, promoting transparency and giving buyers peace of mind.
Despite not needed to be licensed, home buyers should still obtain a home inspection before purchasing a property.
Why Buyers Should Get Home Inspections
1. Identifying Hidden Issues: A home inspection allows buyers to uncover potential problems that may not be immediately apparent during a casual walk-through or from the seller's disclosures. This could include structural damage, water damage, mold, or outdated electrical systems, which could be costly to repair or pose safety hazards.
2. Negotiating Power: A thorough home inspection gives buyers valuable information that they can use to negotiate the purchase price or request repairs from the seller before closing. If significant problems are discovered, the buyer may be able to either renegotiate the price or request that the seller address the issues.
3. Planning for Future Expenses: The home inspection report can help buyers plan for future maintenance or repair costs. By understanding the home's current condition and its systems, buyers can better budget for necessary expenses and avoid surprises.
4. Peace of Mind: A home inspection provides buyers with confidence and reassurance, knowing they have made a well-informed decision about their purchase. It reduces the likelihood of post-purchase regrets or discovering serious issues after moving in.
Risks of Not Obtaining a Home Inspection
Safety and Health Risks
Skipping a home inspection can lead to unexpected financial burdens down the road. If a significant problem is discovered after the close of escrow the buyer may have to cover the cost of repairs or replacements out of pocket. In some cases, these expenses can be substantial, causing financial strain and potentially forcing a buyer to take out loans or tap into their savings to cover the costs. Furthermore, if the property is sold in the future, unresolved issues can decrease the resale value, resulting in a lower return on investment.
Another critical aspect of a home inspection is ensuring the safety and health of the property's occupants. Inspectors (although unlicensed) should be trained to identify potential hazards, such as mold, asbestos, radon, and lead paint, which can pose serious health risks if not addressed. Skipping a home inspection can leave a buyer exposed to these dangers, potentially resulting in long-term health consequences and expensive remediation efforts.
Typical Costs of a Home Inspection
The cost of a home inspection varies depending on the property's size, age, and location. On average, home inspections in the United States range from $400 to over $1,000 with larger or older homes potentially costing more due to the additional time and complexity involved. It is essential to remember that while a home inspection may seem like an added expense, it is a small price compared to the potential costs of unforeseen repairs or disputes with the seller.
The Home Inspection Process
The home inspection process typically begins with the buyer hiring a home inspector. On the day of the inspection, the inspector will arrive at the property and conduct a thorough examination, which may take anywhere from two to four hours, depending on the size and complexity of the home. The buyer is often encouraged to accompany the inspector during the inspection, as it provides an opportunity to ask questions and better understand the home's condition. Once the inspection is complete, the inspector should compile a detailed report, including photographs and descriptions of any issues found. The buyer can then review the report and decide whether to request repairs, renegotiate the purchase price, or proceed with the purchase as-is.
The Home Inspection As A Negotiating Tool
One of the key benefits of a home inspection is the ability to use the information gathered to negotiate with the seller. If the inspection reveals issues that need to be addressed, buyers can request that the seller make the necessary repairs or provide a credit towards the cost of fixing the problems. With a home inspection, you can take advantage of the opportunity to negotiate a better deal, potentially leaving you to cover the costs of any issues discovered after the purchase to ensure that the property is the wonderful investment you and your client believe it to be.
Love,
Kartik
|
In recent years, California has experienced a significant boom in the real estate industry. With a thriving housing market and a diverse population, it is no surprise that many individuals are pursuing Read more...
In recent years, California has experienced a significant boom in the real estate industry. With a thriving housing market and a diverse population, it is no surprise that many individuals are pursuing careers as real estate agents in the Golden State. After over 20 years in the real estate business
|
Los Angeles is currently grappling with a significant homelessness crisis, and city officials are searching for ways to address this pressing issue. One idea that went into effect recently is the so-called Read more...
Los Angeles is currently grappling with a significant homelessness crisis, and city officials are searching for ways to address this pressing issue. One idea that went into effect recently is the so-called “mansion tax”, a controversial policy that has generated considerable debate among residents. While some argue that the tax is necessary to alleviate the city's housing crisis, others contend that it unfairly punishes wealthy property owners and successful individuals. I wanted to write an article that delves into the complexities surrounding the mansion tax, exploring both the benefits of the tax in addressing homelessness and the concerns about its potential negative consequences.
Most of our real estate classes are now on Zoom and done virtually, but I taught at a couple of real estate schools on the Westside of Los Angeles for many years and several of our students wanted to break into luxury real estate and I’m curious to know what you think.
Understanding the Mansion Tax
On April 1, 2023, a so-called “mansion tax” was enacted in Los Angeles. The tax applies to property sales at or over $5,000,000, with an increased rate for sales of $10,000,000 and above.
The tax was approved by voters in November 2022 as a city-wide tax, implementing a 4% tax on properties that sell for $5 million or more and 5.5% on properties that sell for $10 million or more. The mansion tax aims to raise about $900 million yearly for affordable housing, homelessness programs, and other related initiatives. However, the tax has faced criticism from real estate brokers, developers, and property owners.
Arguments for the Mansion Tax
Proponents of the mansion tax argue that it is a much-needed source of revenue to address the affordable housing crisis and homelessness in Los Angeles. The tax is expected to generate millions of dollars earmarked for subsidized housing, housing acquisition and rehabilitation, rent assistance, and homelessness-related programs. Advocates say the tax will help bridge the gap between the rich and the poor and provide resources for those in need. A 2022 UCLA study found that the mansion tax's potential impacts on new construction would be minimal, suggesting that the tax will not significantly deter developers from building new properties in Los Angeles.
The mansion tax in Los Angeles, despite its drawbacks, offers several benefits that could potentially help address the city's homelessness problem:
1. Generating Revenue for Affordable Housing and Homelessness Programs: The mansion tax is estimated to raise about $900 million annually, which can be directed towards various initiatives focused on tackling the housing crisis and homelessness. This additional funding can support the construction and preservation of affordable housing units and provide rent assistance to those in need. It can also help fund comprehensive homelessness programs, such as emergency shelters, permanent supportive housing, mental health services, and job training programs, essential in addressing the root causes of homelessness.
2. Progressive Taxation: The mansion tax is a form of progressive taxation, as it targets high-end property sales and wealthier individuals who can afford to pay a higher tax rate. This approach can help reduce income inequality and bridge the gap between the rich and the poor. By imposing a higher tax on luxury properties, the city can allocate more resources to support vulnerable and low-income residents, often disproportionately affected by the housing crisis.
3. Encouraging Efficient Use of Land: The mansion tax might encourage more efficient land use in Los Angeles. Luxury properties often occupy large plots of land, and the mansion tax could motivate property owners to either downsize or sell their land to developers who might build more affordable housing units in its place. This could ultimately increase the overall housing supply, alleviating the pressure on the city's housing market and potentially reducing homelessness.
4. Increased Awareness and Involvement: Implementing the mansion tax has generated significant public debate, raising awareness of the homelessness crisis in Los Angeles. This increased attention could lead to greater involvement from residents, businesses, and other stakeholders in finding long-term solutions to the housing crisis. This collective effort could result in developing more effective policies, initiatives, and partnerships to address homelessness in the city.
5. Demonstrating Commitment to Social Responsibility: The mansion tax conveys that Los Angeles is committed to addressing its homelessness problem and working towards a more equitable city. By using tax revenue from luxury property sales to fund affordable housing and homelessness programs, the city demonstrates its dedication to social responsibility and the welfare of all its residents.
The mansion tax in Los Angeles presents several potential benefits that could help alleviate the city's homelessness problem. By generating additional revenue for affordable housing and homelessness programs, promoting progressive taxation, encouraging efficient land use, raising awareness, and demonstrating a commitment to social responsibility, the mansion tax might contribute to creating a more equitable city and ultimately reducing homelessness.
Arguments Against the Mansion Tax
Critics of the mansion tax argue that it may slow the number of new apartment complexes built in the city. The tax applies not only to mansions but also to apartment complexes, retail and industrial buildings, and other structures. Real estate brokers and developers, including those with real estate licenses from real estate school and those who have passed the California real estate exam, warn that the tax will disincentivize developers from building new housing.
Moreover, the tax has faced backlash from wealthy homeowners, including celebrities, who rushed to sell their properties before it went into effect. Some critics argue that the tax may depress property values and force sellers to cut prices to complete deals before the deadline. Additionally, opponents of the tax are concerned about the transparency of how the revenue will be spent, and they argue that the tax may dissuade people from moving to Los Angeles.
Higher Costs: Wealthy individuals considering purchasing a luxury property in Los Angeles might be deterred by the additional costs associated with the mansion tax. In comparison, other cities or states without such a tax might become more attractive for high-end property buyers, leading them to choose alternative locations for their investments. For example, a prospective buyer might opt for a luxury property in Miami, Florida, with no state income tax or mansion tax, making it a more financially appealing option.
Reduced Investment: Investors might also be less inclined to purchase properties in Los Angeles subject to the mansion tax, as it could potentially reduce the profit margin on their investments. This could result in a decline in the city's overall demand for luxury properties, further impacting the real estate market and potentially leading to reduced property values. Consequently, the city could experience a slowdown in real estate investments, which could negatively affect the local economy and limit available resources to address homelessness and other social issues.
Impact on Business and Talent Attraction: Businesses, particularly those in the entertainment and technology industries, often attract high-income employees and executives who might consider purchasing luxury properties. However, implementing the mansion tax could discourage some individuals from moving to Los Angeles. In turn, this could make it more difficult for the city to attract new businesses and retain existing ones and limit its ability to draw in top talent across various industries.
Celebrity Exodus: Los Angeles is known for being home to numerous celebrities who often own high-end properties. The mansion tax could potentially prompt some of these high-profile individuals to sell their properties and relocate to areas with lower taxes, as seen in the backlash from wealthy homeowners who rushed to sell their properties before the tax went into effect. This exodus could further contribute to the decline in property values and negatively impact the city's image, tourism, and the overall economy.
In conclusion, implementing Los Angeles' mansion tax has stirred a significant debate in the city's real estate market. Advocates argue the tax will generate much-needed revenue to address the city's affordable housing crisis and homelessness issues. However, opponents contend that the tax will dissuade property development, negatively impact non-luxury properties, and ultimately harm the real estate industry in Los Angeles. As real estate professionals with real estate licenses from real estate schools, and those studying for the California real estate exam, monitor the situation, the long-term implications of the mansion tax on the city's real estate market remain uncertain. Time will tell whether this tax proves to be an effective solution to Los Angeles' housing challenges or an obstacle to the city's real estate growth.
As always if you are interested in getting your real estate license, visit www.adhischools.com or click here for a real estate exam crash course. Or if you’re old school - call us at 888-768-5285.
Love,
Kartik
|
Maybe you thought this day would never come! But it’s clear that your hard work and dedication have paid off and you’ve earned your first real estate commission!
You already passed the real estate Read more...
Maybe you thought this day would never come! But it’s clear that your hard work and dedication have paid off and you’ve earned your first real estate commission!
You already passed the real estate license exam, chosen an office to work for and now have your first commission in your hand!
Now the big question is - what to do with all that money?!
First piece of advice - please don’t go out and blow all of it at a casino in Vegas. Remember that the real estate sales business is a marathon and not a sprint. I know too many Realtors who got off to a great start but because of improper money management were unable to stay in the business.
I wanted to write this article because even if you are just considering getting your real estate license or researching how to pass the real estate exam at some point you’re probably going to think about all the money you can make in real estate and what you might do with it all!
Here are some options below:
Option 1:
Payoff any credit card or other high-interest debt you have.
Paying off a credit card can be a good idea for several reasons, including avoiding high interest charges: Credit cards typically charge high interest rates, which can add up quickly if you carry a balance. By paying off your credit card, you can avoid paying interest charges and save money over time.
Also, don’t forget that paying off credit card debt can improve your credit score. A good portion of your credit score is based on something known as your “credit utilization”. The more available credit you have the higher your credit score generally becomes.
Another intangible benefit to carrying less debt is your financial will be reduced. I think we all know that carrying debt can be stressful - especially credit card debt. In the process of paying off your credit cards you’ll reduce financial stress and improve your overall financial well-being.
Option 2:
Invest in additional education or real estate coaching.
Real estate coaching (be careful there’s a lot of scammers out there) is supposed to help develop new skills and refine existing ones. Critical know-how like sales, marketing, and negotiation learned through coaching can help agents become more effective in their roles and better serve their clients.
Another big benefit to a real estate coach is a heightened sense of accountability. A good real estate coach will help agents stay accountable for their actions and progress, which can be particularly helpful for those who aren’t on a team and work independently. Coaches can provide feedback, support, and guidance to help agents stay on track and achieve their goals.
Finally, real estate coaches can help with goal setting. A good coach will help agents set clear and achievable goals, as well as create action plans (and accountability as mentioned above) to reach those goals. This can help agents stay focused and motivated toward their progress.
A word of caution about real estate coaching, however. Be aware of long-term coaching contracts that are difficult or impossible to get out of.
Option 3:
Just good old-fashioned save it!
In an industry like real estate sales which can be up and down nothing beats having a large cash bankroll.
Saving money is a good idea for several reasons, including building an emergency fund. An emergency fund is important to cover unexpected expenses, such as medical bills or car repairs and can help you weather a storm in our business if you run up against a dry spell. Having cash reserves can help you avoid going into debt or relying on credit cards to cover these expenses.
Also, if you’ve taken one of my live lectures, you know that the real money in our business is not made through sales commissions but in the acquisition of real estate. Saving money can help you take advantage of investment opportunities when they arise like a great deal on a flip or other real estate you can acquire below market. Investing is a whole lot easier when you have the cash ready to deploy whenever opportunity strikes.
Option 4:
Invest in the stock market
If you are going to invest in the stock market it’s important to remember that stocks have risk and can (and do) go down on occasion. Don’t forget that when the economy enters a recession or experiences slow growth, companies may struggle to generate profits and investors may become pessimistic about the future, leading to a decline in stock prices.
Remember that in the 2008 financial crisis the stock market experienced a sharp decline as a result of the housing market collapse and a series of bank failures - Both the stock market and the real estate market really took it on the chin during these times.
More recently, in early 2020, the stock market experienced a significant decline as a result of the global COVID-19 pandemic and its impact on the economy.
The market rebounded after both of these crises but lots of investors experienced heartburn during these years.
With that being said, the stock market has historically provided long-term growth potential, with an average annual return of around 10% over the past century in a highly liquid investment - meaning that it is relatively easy to buy and sell stocks quickly and efficiently and convert the asset into cash.
Option 5:
Invest in real estate
It would not be right to omit the mention of investing in real estate if you are a real estate agent. Real estate is a sure path to wealth creation and can provide a number of potential benefits, including long-term appreciation, rental income, diversification, tax benefits, and a hedge against inflation.
What lots of real estate investors like about this asset class is that real estate investments provide a tangible asset that can be leveraged for financing, used for collateral, or sold if needed. Real estate investors like the fact that real estate can be felt, experienced and touched. Not to mention the tax benefits, such as depreciation deductions and the ability to defer capital gains taxes through a 1031 exchange.
Whatever you decide to do with your first real estate commission just remember to be responsible. In the real estate industry agents have to work for every deal - and the next one isn’t promised.
With that said - if you feel that you need to blow your first check in Vegas - be my guest but don’t say I didn’t warn you. :)
If you still need to take real estate classes visit us at ADHI Schools or call 888 768 5285.
Love,
Kartik
|
Preparing for your real estate exam involves looking at a number of concepts that are likely to be on your exam. Financing is one such topic that is worth directing some of your time to. The DRE says Read more...
Preparing for your real estate exam involves looking at a number of concepts that are likely to be on your exam. Financing is one such topic that is worth directing some of your time to. The DRE says that 9 percent of the exam covers financing and a financing concept that is commonly tested is “amortization”.
Amortization of a loan refers to the process of paying off a debt with regular and fixed payments over a specified period of time. Each payment includes a portion allocated to both principal and interest.
Principal is the amount of each payment that actually goes to reducing the amount owed. Interest is the fee that is charged for borrowing the money.
The word "amortization" comes from an Old French word "amortir," which means "to kill" or "to deaden." This is rooted in medieval times and idea was that each payment would "kill off" a portion of the debt, reducing it gradually until it was fully paid off.
The modern financial meaning of the term, which refers to the gradual repayment of a loan through regular payments that include both principal and interest, evolved from this earlier usage.
Example: You borrow $800,000 to buy a house and pay off the loan over the 30 year term. At the end of the 30 years, the loan has been “fully amortized”.
In simple terms, amortization breaks the loan into smaller and more manageable payments over a set period. As an example, in the case of a car loan the time to “fully amortize” or “kill” the loan is typically 4-7 years. In the case of a home mortgage, the loan term is usually either 15 or 30 years.
Every loan has an amortization schedule which outlines the amount of the payment and shows the portion of each payment that goes towards paying off the principal and interest.
Because amortization “kills” the loan, each payment made during the amortization period reduces the outstanding balance of the loan by some amount. In the early part of the payment schedule, most of the payment goes towards interest, but as the loan progresses, more of the payment goes towards reducing the principal.
Over time, the amount of interest paid decreases, while the amount of principal paid increases. At the end of the loan term, the full amount borrowed is “amortized”, and the borrower owns the property outright.
Not all loans are full amortized. For example, there is another type of loan known as a straight note or interest-only loan. In this arrangement, the borrower makes interest-only payments and none of the payment goes to actually reduce the principal balance.
Straight notes may be used in certain situations, such as when a borrower expects to have a large amount of cash available at a future date to pay off the principal balance, or when a borrower needs lower monthly payments in order to afford the property.
However, straight notes can be risky for borrowers because they may result in higher overall interest costs, larger future payments, and potentially owing more on the loan than the value of the property. As a result, straight notes are generally less common than fully amortized loans in the mortgage industry.
So which loan is better?
Whether a fully amortized loan or a straight note is better depends on the specific circumstances of the borrower and their financial goals.
A key benefit to the fully amortized product is that it results in the loan being completely paid off at the end of the loan term. This type of loan provides predictability and stability in terms of payment amounts and a clear path toward paying off the debt.
As mentioned earlier, a straight note requires the borrower to pay only interest on the loan for a set period of time. This type of loan can result in lower monthly payments and may be beneficial for borrowers who need more flexibility in their monthly budget. However, because the principal balance is not being paid down during the interest-only period, the borrower will need to make larger payments or refinance the loan to pay off the principal at the end of the interest-only period.
In general, a fully amortized loan may be a better choice for borrowers who want to build equity in their property and pay off the debt over a set period of time, while a straight note may be a better choice for borrowers who need lower monthly payments in the short term but are willing to take on the risk of potentially higher payments in the future. Ultimately, borrowers should carefully consider their financial goals and the terms of each loan option before making a decision.
There is another type of even riskier loan product common before the financial crisis of 2008 is known as negative amortization. It’s called negative amortization because instead of the loan balance going down, in negative amortization the loan balance actually goes up.
The reason the balance rises in negative amortization is because the payments are not sufficient to cover the interest owed on the loan, resulting in the interest being added to the principal balance. This means that the borrower's loan balance actually increases over time rather than decreasing as it would with a fully amortized loan.
Negative amortization typically occurs with certain types of loans that have adjustable interest rates, such as option adjustable-rate mortgages (ARMs), or payment option loans. These loans offer a low initial payment, often resulting in a payment that is less than the interest that is accruing on the loan, causing the unpaid interest to be added to the loan balance.
Although the payment on a negative amortization loan is much lower compared to even a straight-note, this type of loan has several horrific consequences for borrowers, including increased interest costs over the life of the loan, larger payments in the future, and potentially owing more on the loan than the original amount borrowed. Therefore, borrowers should carefully consider the terms of their loan and ensure that they can afford the payment amount both currently and in the future.
Because of all these risks associated with the negative amortization product, when Arnold Schwarzenegger was governor, California passed legislation actually banning new negative amortization loans.
Federally the Truth in Lending Act (TILA) requires lenders to disclose the terms of a loan, including the payment schedule, interest rate, and total cost of the loan over its term. Additionally, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 includes provisions that require lenders to evaluate a borrower's ability to repay the loan, which has led to tighter regulations on certain types of loans, including those with negative amortization.
If you are reading this article and want practice questions related to real estate finance to prepare you for your real estate exam, I’d recommend checking out our exam prep website for tons of practice questions and updated content.
At the end of the day, fully amortized loans can offer several benefits for borrowers, including:
Predictable payments: With a fully amortized loan, the borrower knows exactly how much they will need to pay each month and over the life of the loan. With an interest only loan, on the other hand, there may be a balloon payment at the end of the loan or a variable rate after some fixed period. Full amortized loans can make budgeting and financial planning easier and more predictable.
Reduced interest costs: By design, fully amortized loans are created so that the borrower pays off the loan balance over a set period of time. Because of this borrowers will typically pay less in interest costs over the life of the loan compared to other types of loans, such as interest-only or balloon loans.
Equity buildup: As time goes on and the borrower makes payments on a fully amortized loan, the loan balance gradually decreases, resulting in an increase in equity in the property. Combine this with expected appreciation of the home and equity can start to build quickly- no doubt an important factor for homeowners who plan to sell the property in the future or use it as collateral for another loan.
Lower financial risk: Fully amortized loans offer a lower level of financial risk for owners because the loan balance is gradually paid down over time, reducing the risk of owing more on the loan than the property is worth.
Potential tax benefits: In some cases, the interest paid on a fully amortized loan may be tax-deductible, which can result in additional savings for the borrower.
Overall, fully amortized loans offer borrowers a stable and predictable path towards paying off their debt, with lower overall interest costs and reduced financial risk. Much of the real estate industry (and society at large) learned their lesson in 2008 when borrowers got risky adjustable rate and interest only loans in the few years prior.
As always if you are interested in taking real estate classes with our school and for in-depth instruction to help you pass the real estate exam visit www.adhischools.com.
Love,
Kartik
|
Real estate can be a challenging career for some, but whether it "hard" or not depends on a variety of factors, including your strengths, experience, market conditions, and overall dedication to the profession. Read more...
Real estate can be a challenging career for some, but whether it "hard" or not depends on a variety of factors, including your strengths, experience, market conditions, and overall dedication to the profession.
Remember that real estate sales is a highly competitive field, with many agents and brokers vying for clients and listings in the same market area.
Considering how much money a real estate agent can make, real estate has a very low barrier to entry. Think about other lucrative careers like becoming a doctor or lawyer - real estate sales has the potential to make just as much money but becoming a licensed real estate agent requires much less by way of time and money. Our real estate courses are as little as $199 and can be completed in 54 days. The result is that a lot of folks get licensed and end up competing for the same clients and listings.
This sense of competition is especially heightened in a limited inventory market. When the supply of homes for sale is limited there may be more agents and brokers than there are available listings, making it even more competitive to win new business.
Your journey in starting a real estate career will be much easier if you remember that market conditions can change rapidly. Because the real estate market is constantly evolving, changes in interest rates, economic conditions, and local regulations all affecting the demand for housing. Successful real estate professionals need to stay on top of these changes and adapt their strategies accordingly.
Another tip to ease the transition into the market is to remember that building a successful real estate career requires a significant amount of time and effort invested in networking, marketing, and prospecting.
Networking is a crucial part of building a successful career in real estate and I wanted to share some tips for effective networking in the industry:
Attend industry events: Conferences, trade shows, and networking events are great places to meet other real estate professionals and build relationships. Look for events that are relevant to your niche or market, and come prepared with business cards and a clear elevator pitch.
Join professional organizations: There are many industry associations and organizations that offer networking opportunities, as well as education and training programs. Consider joining groups such as the National Association of Realtors (NAR), the Women's Council of Realtors, or a local real estate investment club.
Participate in online communities: Social media platforms like LinkedIn and Facebook can be great tools for building professional relationships and staying connected with other real estate professionals. Look for groups or forums where you can share your expertise, ask questions, and connect with other industry insiders.
Collaborate with other agents: Consider partnering with other agents or brokers on transactions or marketing initiatives. This can help you expand your network and build relationships with other professionals who may refer business to you in the future.
Provide value: Finally, it's important to remember that networking is a two-way street. Offer your expertise, knowledge, and connections to others in the industry, and be generous with your time and resources. This will help you build a reputation as a valuable member of the real estate community and strengthen your professional relationships over time.
As you consider whether or not a career in real estate is right for you (and how difficult it may be) bear in mind that real estate is cyclical. It is cyclical because our industry is heavily influenced by the broader economic and financial cycles that affect the economy.
The real estate market is influenced by the overall health of the economy. When the economy is strong, people have more money to spend on housing, which can lead to increased demand for real estate. When the economy is weak, people may have less money to spend on housing, leading to lower demand.
Another thing to keep in mind is that interest rates play a significant role in real estate cycles. When interest rates are low, it can be easier for people to obtain financing and afford a home, resulting in increased demand. When interest rates are high, it can be more difficult for people to obtain financing, leading to lower demand. The couple of years of the pandemic were great for the real estate industry and a large part of this had to do with interest rates being so low during this period.
Another fundamental truth about the real estate market is that it is subject to the basic laws of supply and demand. When there is more demand for housing than there is supply, prices tend to rise. When there is more supply than there is demand, prices tend to fall.
These factors, and others, all contribute to the cyclical nature of real estate and can impact how “hard” the business is for you as you get started. As economic and financial conditions change over time, so do the patterns of supply and demand in the real estate market. Understanding these cycles is crucial for real estate professionals who want to stay ahead of the curve and succeed in the industry.
Another challenge that real estate agents face it that we often work irregular hours, including evenings and weekends in order to accommodate clients' schedules. Here are a few reasons why:
Client availability: Many real estate transactions take place outside of regular business hours, when clients are available to view properties, attend open houses, or meet with their agent. This means that agents may need to be available evenings and weekends to accommodate their client's needs.
Flexibility: Real estate agents often have some degree of flexibility in their schedules, which can be a big perk of the job. However, this flexibility may also mean that agents need to be available outside of regular business hours to meet with clients, attend inspections, or negotiate deals.
Competition: Real estate is a highly competitive industry, and agents who are available and responsive to their clients are often the most successful. This can mean working irregular hours in order to stay ahead of the competition.
Administrative tasks: In addition to client-facing work, real estate agents also have a variety of administrative tasks to manage, such as paperwork, marketing, and bookkeeping. These tasks can often be done outside of regular business hours, which may contribute to a more irregular work schedule.
All of the above being said, many people find real estate to be a rewarding and fulfilling career that allows them to help clients achieve their goals and build their own businesses. Success in real estate often requires a combination of knowledge, skill, hard work, and a passion for the industry.
As always, if you are interested in getting your real estate license our real estate school is here to help!
Love
Kartik
|
Part of preparing for the real estate exam involves studying as much vocabulary as possible. One vocabulary word that is worth reviewing is the word “lien”. The purpose of this article is to go over Read more...
Part of preparing for the real estate exam involves studying as much vocabulary as possible. One vocabulary word that is worth reviewing is the word “lien”. The purpose of this article is to go over a few different examples of liens that are commonly tested on the real estate exam. You might have already read my article on encumbrances - if not that link is worth reading once you are done with this more specific article.
While reading this, bear in mind that liens are quite common and don’t always need to be viewed as scary or fatal to the title to real estate.
Simply put, a lien is a claim or legal right that a creditor has against a property to secure payment of an obligation or other debt by the property. If the debt is not paid, the creditor may have the right to sell the property through foreclosure.
Some liens can affect all property of a debtor. These are called “general” liens and are so called because they affect everything that a debtor might own. Examples of general liens might include judgements and income tax liens.
Other liens are known as “specific” and only affect one particular property. As an example, a mortgage lien is a specific lien because the lien only pertains to the property on which the loan is placed. Imagine you have two houses, one in Los Angeles and another in San Diego. If you refinance your house in San Diego and put a mortgage on it the lien only relates to the San Diego home and not the house in Los Angeles - hence mortgage liens are “specific”.
There are several other types of liens that can be placed on real estate and I’ve outlined some of the most common below. These are worth memorizing and understanding so you have context for the state exam. You might remember a lot of this from real estate school but this article is worth it as a refresher.
Property Tax Liens: As the name suggests, property tax liens are filed by the government to secure payment of delinquent property taxes. If the taxes are not paid, the government may have the right to foreclose on the property. The lien is typically recorded in the county where the property is located and becomes a part of the public record.
If a property tax lien is filed against a property, it may impact the ability of the owner to sell or refinance the property until the taxes are paid or the lien is removed. Again, in some states, the government may have the right to sell the property at a tax sale if the taxes remain unpaid for a specified period of time.
Income tax liens: Like property tax liens, income tax liens can have a significant impact on real estate. An income tax lien is a claim made by the government to secure payment of delinquent income taxes owed by an individual or a business. If an individual or a business fails to pay their income taxes, the government may place a lien on real property to secure payment of the taxes owed.
The income tax lien is recorded at the county in which the property is located and becomes part of the public record. The lien provides the government with a legal claim to the property and gives them the right to foreclose on the property if the taxes remain unpaid. The specific requirements for filing an income tax lien vary by state, so it is important for property owners to be aware of the laws in their jurisdiction.
Mechanics Liens: No - this lien doesn’t have anything to do with leaving your car too long at the mechanic. A mechanics lien is a claim by a contractor, subcontractor, or supplier to secure payment for work performed or materials supplied for the improvement of real property.
A mechanics lien provides a legal claim to the payment for work performed or materials supplied on a property and allows the contractor, subcontractor, or supplier to potentially foreclose on the property if the debt is not paid. The mechanics lien is typically filed with the local government and recorded in the county where the property is located.
In order for a mechanics lien to be valid, certain requirements must be met, such as proper notice to the property owner, the use of proper forms, and timely filing of the lien.
If a mechanics lien is filed against a property, it may impact the ability of the property owner to sell or refinance the property until the debt is paid or the lien is removed. It is important for property owners to monitor any liens that may be filed against their property and to take steps to resolve any liens in a timely manner.
Judgment Liens: A judgment lien is a claim by a creditor to secure payment of a debt that has been awarded in a court of law. This type of lien can be filed against a property if the debtor loses a lawsuit and is ordered to pay.
The judgment lien is typically filed with the local government and recorded in the county where the property is located.
Homeowner Association Liens: A homeowner association (HOA) lien is a claim by a homeowner association to secure payment of delinquent HOA fees or assessments owed to the association. If the fees or assessments are not paid, the homeowner association may have the right to foreclose on the property.
This type of lien is filed by a homeowner association to collect unpaid fees for common area maintenance, landscaping, security, and other services provided to homeowners in the association.
It is important for real estate owners to understand the liens that may be placed and to take steps to prevent or resolve any liens that may be filed against their property. This may involve paying any delinquent debts or taxes, negotiating with creditors, or consulting with a real estate attorney.
In conclusion, liens are a way for creditors to secure payment of a debt or obligation related to a property. Liens can have a significant impact on the ownership and value of a property and it is important for real estate owners to understand the liens that may be placed on their property and to take steps to prevent or resolve any liens that may be filed against their property.
As always - if you are interested in taking real estate classes with our school reach out at www.adhischools.com
Love,
Kartik
|
