What Consumers Need to Know When Buying Real Estate in Alabama

Don’t Be Afraid–Be Aware

Representation

First and foremost the consumer needs to know for sure that they have a qualified Realtor® to represent them whether they are buying or selling. Don’t take this relationship for granted; know for certain. Agency relationships that establish representation cannot be assumed or implied. They must be in writing. Let me explain a few reasons why the consumer needs to be represented by someone.

First, buying and selling real estate is very technical in the sense that certain processes must be completed and in a particular order. Buying and selling real estate is also very legalistic. Most real estate transactions close without any major complications either prior to, or after closing. It is the exceptions to that rule when the consumer finds out just how technical and legalistic real estate sales can be. After- market conflicts are seldom settled between buyers and sellers. Tempers flare, distrust and disbelief sets in, accusations are made toward everyone involved in the transaction. Finally law suits are filed to settle the dispute.

Law suits create a need for both parties to hire legal counsel. In preparation of the case it is determined that you the consumer, was not represented by the Realtor® that you worked with. At the time you began looking at homes you didn’t want to sign any type of contractual agreements. In this situation, according to Alabama law, the Realtor® was working as a Transaction Broker and was limited to the duties they could perform for you. A Transaction Broker is a licensee who assists one or more parties in a contemplated real estate transaction without being an agent or fiduciary or advocate for the interest of that party to a transaction. In order to have been represented in Alabama you would have had to sign a Single Agency Agreement with a brokerage firm. Remember, agency relationships can’t be assumed or implied. They must be in writing. After the fact is a bad time to learn that your best interest was not represented when you made the largest investment of a life-time.

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What Consumer’s Need To Know

Questions Need Answering

This information is specific to what consumer’s need to know when buying or selling real estate in Alabama. Even more specifically, what consumers need to know when working with a real estate broker? Especially since Alabama is a Caveat Emptor state which places total responsibility on the buyer to do their due diligence in inspecting every aspect involved with a property prior to closing on a sale.

For years the seller has known who represents him when selling real estate but who represents the buyer? Who looks out for the buyers best financial interests? Some agents think the liability is too great when representing a buyer, largely due to the Caveat Emptor law; therefore they want to assist the buyer as a transaction broker to limit their liability. That being the case, many times, the poor buyer is left to fend for themselves without being told what they need to do prior to closing so they can protect their legal recourse options. The State of Alabama understands the precarious situation the buyer  is in when buying in Alabama so they provide

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Gratification of A Real Estate Career

Gratification is the reward beyond income

earned by a real estate agent for providing consumers quality service. I believe gratification to be an intangible, internal feeling of accomplishment for helping someone beyond fiduciary duties. More times than not, the consumer don’t even realize the magnitude of service you have provided because it wasn’t openly discussed. For example, people I have represented in the sale of their property that were financially distressed. They were head over heels in debt, couldn’t make their monthly payments, and were exponentially getting deeper in debt with the passing of every day. Helping them get released from their financial obligations and get into a position to reestablish their credit rating was gratifying to me. [Read more…]

“Caveat Emptor” Buyer Beware

Don't be afraid--Be aware

If you understand the title of this blog, chances are you are in a real estate related business. When buying real estate in Alabama the words “Caveat Emptor” is of utmost importance.  Let’s take a look at the meaning of the term and how it affects Alabama real estate buyers.

Caveat emptor (ˌkæviːɑːt ˈɛmptɔr) is Latin for “Let the buyer beware.”Generally, caveat emptor is the property law doctrine that controls the sale of real property after the date of closing. Under the doctrine of caveat emptor, the buyer could not recover from the seller for defects on the property that rendered the property unfit for ordinary purposes. The only exception was if the seller actively concealed latent defects or otherwise made material misrepresentations amounting to fraud.

Before statutory law, the buyer had no warranty of the quality of goods. In many jurisdictions now, the law requires that goods must be of “merchantable quality.” However, this implied warranty can be difficult to enforce and may not apply to all products. Hence, buyers are still advised to be cautious.

Not all states are Caveat Emptor states. [Read more…]

Creating A Business Plan (Part Three)

How's Your Business Plan Progressing

Today we will continue building our business plan by honestly evaluating our past work habits, personalities, and job performance during the last year so we can realize the things we need to improve upon in the coming year. For those reading this article that reside outside Alabama, please keep in mind that Alabama law differs from surrounding states because Alabama is a “Caveat Emptor” state which places responsibilities on the purchaser to research all aspects of a property before purchasing.  This article is written specific to Alabama even though most parts of the business plan will apply to anyone, regardless where you live and work.

When working with buyers or sellers in Alabama, it is mandated by Alabama License Law, and regulated by the Alabama Real Estate Commission , that upon initial contact with a prospective buyer or seller, the agent must disclose and explain the various possible agency relationships available through their agency. This is referred to as RECAD which is an acronym for Real Estate Consumers Agency and Disclosure Act. The law states this disclosure is to take place upon initial contact, as soon as reasonably possible, and before any confidential information is exchanged. [Read more…]

Real Estate Training Classes

ALReal Estate Classes and Continuing Education

Start planning your next Real Estate Education experience on the Alabama Gulf Coast now! Contact James Anderson for more information.The Alabama Real Estate Institutes provides extensive Training Classes for major real estate company’s across the State of Alabama. Intensified and explosive Training Classes provide more thorough explanation of the topic being taught so as to improve the overall performance of day-to-day activities of the professional real estate person. These classes focus on “real-life” situations as it relates to common, daily practices of real estate agents that help improve retention of the material. These Training Classes are very educational but are equally motivational. After attending one of the classes, the agents is motivated, edified, educated, and possesses more confidence in their own ability.

Alabama Real Estate Institute is licensed through the Alabama Department of Post-Secondary Education and through the Alabama Real Estate Commission to provide various types of educational needs to all licensees in Alabama. Our Staff of Instructors are prominent figures in the real estate industry that have years of actual experience. Our guest speakers are leaders within their industry that are considered to be ranked in the top of their field. It is our goal to become the top educational source for all licensees practicing real estate in Alabama.

Training Classes range from one hour to all day 8-hour sessions; Determined by the Company representative that setup the class. We also hold motivational type sales meetings for various companies upon request. Topics vary to meet the needs of the company at that particular time and would benefit their agents the most.   An example of some of the topics are as follows:

  • Effective communication
  • Business Plans Build Success
  • Staying out of Court
  • The First 90-Days in Real Estate 
  • Real Estate Financing
  • Appraisals of Real Estate & Valuation
  • Validity of Comparable Market Analysis
  • Understanding Commercial Real Estate
  • Truth in Lending Practices
  • Establishing Agency Relationships
  • Agency Disclosure Issues
  • Creating & Handling Liability
  • Writing Contracts
  • Trust Funds-Federal & State Laws
  • Pinpointing Environmental Issues
  • Negotiating Techniques
  • Listing/Buyer Presentations
  • Writing and Presenting Offers
  • Marketing Yourself
  • The use of Public Records
  • Farming Real Estate
  • Disecting Alabama License Law
  • Staying out of legal trouble
  • Case Studies involving RECAD

To set up a training class in your office call James Anderson (251) 979-2530.