Purchase and Sale Flashcards

(17 cards)

1
Q

What are the 4 methods of Sale

A
  1. Private Treaty
  2. Formal Tender
  3. Informal Tender
  4. Auction
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2
Q

What legislation governs the sale of Real Estate?

A

The Estate Agents Act 1979
- set out rules which should be followed when marketing/selling properties

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3
Q

What are CPRs and BPRs?

A

Consumer Protection Right and Business Protection Rights
- these are to do with misselling products or property
- these are offences in marketing
- replace the property misdescriptions act which was repealed in 2013

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4
Q

What are suspensive conditions?

A

Conditions laid out in the agreed terms between parties when selling property. These allow the purchaser to resile from the contract if the conditions are not met eg if a development cannot get planning permission

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5
Q

Which RICS documents are relevant to purchase and sale?

A

Real estate agency and brokerage 3rd edition
Uk commercial real estate agency 1st edition

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6
Q

What is an abnormal?

A

A unexpected cost associated with development

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7
Q

What can be classed as an abnormal?

A
  • Contaminated ground
  • Mineshaft stabilisation
  • Mineral Consolidation
  • Piled foundations for houses
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8
Q

What are suspensive conditions?

A

Contractual conditions agreed during heads of terms which allow parties to resile if conditions have not been met.

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9
Q

What are examples of suspensive conditions?

A
  • completion date
  • planning permission
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10
Q

Types of funding

A

SPV - special purchase vehicle
JV - joint venture
REIT - real estate investment trust

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11
Q

Advantages of Auction

A
  • Best price available is secured
  • Quick and Transparent
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12
Q

Cons of Auction

A
  • Fees are higher
  • All info is disclosed
  • Failures to sell can blight the property
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13
Q

Pros of Private Treaty

A

Increased flexibility
Inexpensive
Obligation until contracts exchange
Confidential

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14
Q

Cons of Private Treaty

A

Pulling out may mean abortive costs
Asking price may be over or under stated
Can be slower than other methods

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15
Q

Types of Agency

A

Sole Agency
Joint Sole Agency
Multi Agency

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16
Q

What are sole selling rights

A

Who ever introduces the purchaser, the agent gets their fee as they have the sole rights to sell

17
Q

Sole Agency

A

If purchaser is introduced by agent then they get their fee. If introduced by the seller than the fee is not due.