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In the United States, there are well – over, one – million, licensed real estate professionals, although, only a relatively, small percentage of them, are responsible for, the vast – majority, of closed – transactions. Therefore, whether, you seek to sell you home, or are a potential, qualified buyer, it is wise, to carefully, choose, your agent, based on, your personal, best – interests, and, after interviewing them, feeling, they have the combination of attitude, aptitude, skills, persistence, professionalism, and expertise, to serve your needs, goals, and priorities! After, over 15 years, as a Real Estate Licensed Salesperson, in the State of New York, I strongly, believe, these 6 things, you must demand, of the individual, you hire. With that in mind, this article will attempt to, briefly, consider, examine, review, and discuss, what this means, and represents, and, why it matters.

1. Integrity: The real estate professional, you choose, must, consistently, exhibit, absolute integrity! To serve and represent you, you need, and deserve, someone, you feel confident, you can, consistently, trust, in good – times, or less!

2. Allegiance: Nearly every state, as well as Realtor Board’s, include a Code Of Ethics, regarding, the conduct, required by a realtor, to his clients, and customers, etc! One of the key components is, owing a client, complete allegiance, and protecting their privacy, etc. Your chosen professional must put – you – first, consistently, and never provide, any information, which might harm or compromise, your interest (however, that does not mean, violating the law, and/ or, providing any material misstatements!)

3. Tell what they need to know: My service – marked, slogan, is, I will always tell you what you need to know, not, just, what you want to hear. You need, and deserve, someone, who will inform you, in a realistic manner, rather than, wearing, rose – colored, glasses!

4. Prepare a client: Agents owe their clients, a readiness, and willingness, to thoroughly, consistently, prepare them, for potential, possibilities, in order to make this process, as stress – free, as possible! When one prepares his clients, properly, the transaction period, becomes, an easier one!

5. Negotiating expertise: One of the reasons, to hire, a specific agent, is their degree of negotiating expertise, in order to achieve the best price, in the shortest period of time, with a minimum of hassle! This requires the individual, to thoroughly, understand, and know the local, real estate market, etc.

6, Handling details: The transaction period, is, often, full of challenges, and requires, handling the details, effectively, and efficiently, on a consistent basis!

Since, for most, the value, of their house, is their single – biggest, financial asset, doesn’t it make sense, to do, whatever, possible, to ensure, you protect it, and make the best decisions, and take the smartest actions! Consider these 6 things, when you hire your real estate agent!

Heck of a year, to say the least. In the interest in brevity, let me keep it short n’ sweet. Here’s my 2021 predictions.

The Plague
The very obvious question is if there will be a negative impact on real estate because of the Covid-19/Coronavirus. Short answer, Yes. Long answer, Yes again. This especially so in the shopping center retail space. Restaurants are dependent on the residual income of an affluent society. America is an affluent society. The per capita for nearly every societal accoutrement is off the charts. The overabundance of restaurants, gyms, spas, grocery stores, and even tire repair shops pale in comparison to other societies, and even Western Democracies. Ergo, America has suddenly realized it doesn’t need as many restaurants as it thinks it needs, when you consider eating at home is more economically sane – in a time of uncertainty.

My informational sources, such as quarterly reports from Deloitte & Touché and the CCIM (Certified Commercial Investment Managers), all indicate that office space (for very obvious reasons), retail, multi-family are in for a rough patch the next 18 months to mid-2022. But for industrial and warehouse space, life is exceptional great. The need to stockpile resources and provisions for consumers is fairly apparent.

On a miscellaneous note, home sales – which is not connected to commercial real estate, but is residential real estate, is doing exceptionally well. This robust disposition is a result of many Americans with abundant resources (and job stability), that enables the purchase of homes and/or an upgraded home. This is also part-and-parcel in a fear of raising interest rates; the need for ownership, personal space and solitude; and likely a bunker mentality – wherein existentially some fear that hordes of people will desperately roam for food in a Dawn of the Dead fake realism (and from the overload of cable news) – but superficially there is no threat, but only in one’s own psyche. It’s important to keep in mind, that despite the chaos, the unemployment rate is still only 6.7% as of November 2020.

Interest Rates
As I correctly predicted last year, rates hit a new low, spurring an increase in market activity. Based on the economists’ predictions I’ve read for 2021 – because there is some dissension within their mindsets, interest rates will fluctuate back and forth, but should be about a fifth of a point lower then where they were at year end 2020. That calculates to about 2.90% for the 30 year fixed rate.

Sellers’ Market
In most localities in the US, it will be a Sellers’ market, which has an inverse relationship with demand. Meaning, when you have higher buyer demand, it will result in an increase in house prices, which will result in a Sellers’ market.

Broker Productivity
This revelation is actually dear and near to my heart, given I was previously a commercial real estate broker dating back twenty years ago before I started to buy homes on my own account. The fusion of technology for residential brokerage has been in the making for a long time and will see a more efficient – perhaps proficient as well, number of brokers emerge as the number of closed transactions is expected to increase in 2021. This is due in part as a result of technology advances. As a contrast, in 2019 the average number of sold homes per residential brokerage was 50.7 homes. In 2021, there is expected to be marked improvement on that number, with in addition the average broker taking less time to close transactions.

At the present time, in the United States, there are more real estate agents, than houses! However, the reality is, all of them, are not, created equal! Since, there’s no – such thing, as a born salesperson/ agent, several factors, and characteristics, differentiate, between individuals! In addition, someone, who may be, great, for someone else, may not be, the one, for you, so, the best path, if you hope to either, purchase, or sell a home, is to thoroughly, interview, potential candidates, and hire, the one, which might best suit, your specific combination of skills, attitude, and other factors, which make you, most comfortable, and satisfied, with your choise! With, that in mind, this article will attempt to, briefly, consider, examine, review, and discuss, 6 key things, which, matter, to many people, and may be significant, for you, as – well.

1. Listens to you, to learn, and understand, your needs, goals, priorities, and perceptions, etc: When you interview, observe, whether, a specific person, prioritizes, listening to you, and addressing your concerns, and situation, rather than, immediately, speaking, and reciting, how much, he can do for you! There will be, plenty – of – time, to discuss that, but, first, it’s essential, to hire someone, who, puts – you – first!

2. Local knowledge: Each area, region, and locality, is different, in certain ways! Seek someone, with considerable, local knowledge, who, is ready, willing, and able, to fully – explain, to your satisfaction, how those nuances, may impact/ determine, the smartest strategies!

3. Integrity: Unless/ until, you feel, someone, has, consistent, absolute integrity (instead of, merely, when it is convenient), you will, probably, find it, challenging, to feel, truly, comfortable, with that person! Seriously, consider, someone’s quality of character, from the onset!

4. Common sense: Unfortunately, although, many take it, for – granted, common sense, is, often, quite – rare! Have a discussion about a variety of scenarios, and possibilities, to learn, as much, as possible, about, who you hire, before, doing – so! Since, for most, the value of their house, represents, their single – biggest, financial asset, doesn’t that, make sense?

5. Understands pricing: A listing and selling price, may, often, differ, so, be careful, to avoid the temptation, to be, bought – by – a suggested, listing price! Be certain, to select, an agent, who, thoroughly, understands, the nuances, and realities, of the current market’s pricing, and is capable, of explaining, why!

6. Negotiating skill: Just, as, it relates, to any other business – related, skill, real estate professionals, need, a high degree of relevant, developed, negotiating skill, and self – confidence, in this area!

When you choose a person, to represent, you, focus on, a variety of factors, and select the individually, carefully, and thoughtfully/ thoroughly! Be a wiser consumer!

In any Listing Agreement there is a point in time when the agency relationship ends.

A Listing Agreement, as it is widely known, is none other than a contract between the rightful titleholder of an interest in land (the ‘Principal’) and a duly licensed real estate firm (the ‘Agent’), whereby the firm stipulates and agrees to find a Buyer within a specified timeframe who is ready, willing and able to purchase the interest in land that is the subject matter of the contract while acting within the realm of the authority that the Principal confers onto the Agent, and wherein furthermore the titleholder stipulates and agrees to pay a commission should the licensee ever be successful in finding such Buyer.

As in all contracts, there is implied in a Listing Agreement an element which is commonly know at law as an ‘implied covenant of good faith and fair dealings’. This covenant is a general assumption of the law that the parties to the contract – in this case the titleholder and the licensed real estate firm – will deal fairly with each other and that they will not cause each other to suffer damages by either breaking their words or otherwise breach their respective and mutual contractual obligations, express and implied. A breach of this implied covenant gives rise to liability both in contract law and, depending on the circumstances, in tort as well.

Due to the particular nature of a Listing Agreement, the Courts have long since ruled that during the term of the agency relationship there is implied in the contract a second element that arises out of the many duties and responsibilities of the Agent towards the Principal: a duty of confidentiality, which obligates an Agent acting exclusively for a Seller or for a Buyer, or a Dual Agent acting for both parties under the provisions of a Limited Dual Agency Agreement, to keep confidential certain information provided by the Principal. Like for the implied covenant of good faith and fair dealings, a breach of this duty of confidentiality gives rise to liability both in contract law and, depending on the circumstances, in tort as well.

Pursuant to a recent decision of the Real Estate Council of British Columbia (http://www.recbc.ca/) , the regulatory body empowered with the mandate to protect the interest of the public in matters involving Real Estate, a question now arises as to whether or not the duty of confidentiality extends beyond the expiration or otherwise termination of the Listing Agreement.

In a recent case the Real Estate Council reprimanded two licensees and a real estate firm for breaching a continuing duty of confidentiality, which the Real Estate Council found was owing to the Seller of a property. In this case the subject property was listed for sale for over two years. During the term of the Listing Agreement the price of the property was reduced on two occasions. This notwithstanding, the property ultimately did not sell and the listing expired.

Following the expiration of the listing the Seller entered into three separate ‘fee agreements’ with the real estate firm. On all three occasions the Seller declined agency representation, and the firm was identified as ‘Buyer’s Agent’ in these fee agreements. A party commenced a lawsuit as against the Seller, which was related to the subject property.

The lawyer acting for the Plaintiff approached the real estate firm and requested that they provide Affidavits containing information about the listing of the property. This lawyer made it very clear that if the firm did not provide the Affidavits voluntarily, he would either subpoena the firm and the licensees as witnesses to give evidence before the Judge, or he would obtain a Court Order pursuant to the Rules Of Court compelling the firm to give such evidence. The real estate firm, believing there was no other choice in the matter, promptly complied by providing the requested Affidavits.

As a direct and proximate result, the Seller filed a complaint with the Real Estate Council maintaining that the information contained in the Affidavits was ‘confidential’ and that the firm had breached a duty of confidentiality owing to the Seller. As it turned out, the Affidavits were never used in the court proceedings.

The real estate brokerage, on the other hand, took the position that any duty of confidentiality arising from the agency relationship ended with the expiration of the Listing Agreement. The firm argued, moreover, that even if there was a duty of continuing confidentiality such duty would not preclude or otherwise limit the evidence that the real estate brokerage would be compelled to give under a subpoena or in a process under the Rules Of Court. And, finally, the realty company pointed out that there is no such thing as a realtor-client privilege, and that in the instant circumstances the Seller could not have prevented the firm from giving evidence in the lawsuit.

The Real Estate Council did not accept the line of defence and maintained that there exists a continuing duty of confidentiality, which extends after the expiration of the Listing Agreement. Council ruled that by providing the Affidavits both the brokerage and the two licensee had breached this duty.

The attorney-client privilege is a legal concept that protects communications between a client and the attorney and keeps those communications confidential. There are limitations to the attorney-client privilege, like for instance the fact that the privilege protects the confidential communication but not the underlying information. For instance, if a client has previously disclosed confidential information to a third party who is not an attorney, and then gives the same information to an attorney, the attorney-client privilege will still protect the communication to the attorney, but will not protect the information provided to the third party.

Because of this, an analogy can be drawn in the case of a realtor-client privilege during the existence of a Listing Agreement, whereby confidential information is disclosed to a third party such as a Real Estate Board for publication under the terms of a Multiple Listings Service agreement, but not before such information is disclosed to the real estate brokerage. In this instance the privilege theoretically would protect the confidential communication as well as the underlying information.

And as to whether or not the duty of confidentiality extends past the termination of a Listing Agreement is still a matter of open debate, again in the case of an attorney-client privilege there is ample legal authority to support the position that such privilege does in fact extend indefinitely, so that arguably an analogy can be inferred as well respecting the duration of the duty of confidentiality that the Agent owes the Seller, to the extent that such duty extends indefinitely.

This, in a synopsis, seems to be the position taken by the Real Estate Council of British Columbia in this matter.

Clearly, whether the duty of confidentiality that stems out of a Listing Agreement survives the termination of the contract is problematic to the Real Estate profession in terms of practical applications. If, for instance, a listing with Brokerage A expires and the Seller re-lists with Brokerage B, if there is a continuing duty of confidentiality on the part of Brokerage A, in the absence of express consent on the part of the Seller a Realtor of Brokerage A could not act as a Buyer’s Agent for the purchase of the Seller’s property, if this was re-listed by Brokerage B. All of which, therefore, would fly right in the face of all the rules of professional cooperation between real estate firms and their representatives. In fact, this process could potentially destabilize the entire foundation of the Multiple Listings Service system.

In the absence of specific guidelines, until this entire matter is clarified perhaps the best course of action for real estate firms and licensees when requested by a lawyer to provide information that is confidential, is to respond that the brokerage will seek to obtain the necessary consent from the client and, if that consent is not forthcoming, that the lawyer will have to take the necessary legal steps to compel the disclosure of such information.

Realty and personal property terms have often been confused as to what they exactly mean. Here we will clear that right up for you. We will look at the terms personal property, realty, land, real estate, and lastly real property.

Let’s begin with personal property. Personal property also known as chattel is everything that is not real property. Example couches, TVs things of this nature. Emblements pronounced (M-blee-ments) are things like crops, apples, oranges, and berries. Emblements are also personal property. So when you go to sell your house, flip, or wholesale deal, you sell or transfer ownership by a bill of sale with personal property.

Realty.

Realty is the broad definition for land, real estate, and real property.

Land

Land is everything mother nature gave to us like whats below the ground, above the ground and the airspace. Also called subsurface (underground), surface (the dirt) and airspace. So when you buy land that’s what you get, keep in mind our government owns a lot of our air space.

Real Estate

Real estate is defined as land plus its man made improvements added to it. You know things like fences, houses, and driveways. So when you buy real estate this is what you can expect to be getting.

Real property

Real property is land, real estate, and what’s call the bundle of rights. The bundle of rights consist of five rights, the right to possess, control, enjoy, exclude, and lastly dispose. So basically you can possess, take control, enjoy, exclude others, and then dispose of your real property as you wish as long as you do not break state and federal laws.

Lastly there are two other types of property we should mention.

Fixture

Fixture is personal property which has been attached realty and by that now is considered real property. So you would ask yourself upon selling to determine value “did you attach it to make it permanent?” The exceptions to this rule are the garage door opener and door key, these are not considered fixtures.

Trade Fixtures

Trade fixtures are those fixtures installed by say a commercial tenant or can be the property of the commercial tenant.

I hope this clears up some misconceptions about personal property, realty, land and real estate and now fixtures and trade fixtures!