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Real Estate is anything related to the construction and development of land and buildings either commercial or residential. This seems to be a very simple concept, but there are many legal disciplines included. Real Estate Law governs who may use an own the land or buildings.

Some terms to note in the Real Estate Law:

• The title is the official legal term which describes the owner of the property

• The mortgage is lending money at interest in exchange of title on the debtor’s property. After the successful completion of the debt payment, the conveyance of the title becomes void.

• Foreclosure is the term used if the lender takes control of the house or any property used for mortgage if the debtor fails to pay back the amount

• The official meeting for transferring the ownership of the land or property is termed as closing

• Escrow is the term used for money or property withheld with the third party for safekeeping

• Real Estate Agent is the person licensed for negotiating and conducting real estate transactions

The much awaited regulation in the realty sector has been announced by the Government of India last year, which is the introduction of the RERA Act (Real Estate Regulatory Act). Under the act the home builders have to deposit about 70% of the amount in the Escrow account. This will ensure the buyers that the amount is not diverted to some other projects.

Benefits of the RERA Act:

• As mentioned earlier, the builder will divert 70% of the amount taken from the buyers to Escrow account and this will ensure the buyers that their amount is only being used for this project and safe as well without being transferred to other projects.

• With the introduction of this new act the buyers doesn’t have to pay for the area over the carpet area. It is one of the important things to remember.

• All the clearances both from the buyer and the builder should need to be made before selling. The builder needs to disclose the information regarding the apartment.

The builders are allowed to sell the property only after getting proper clearances
RERA, is the central law, but as Real Estate is subjected to state, the state governments have a major role in implementing this act. However the various other related practice area to the Real Estate law include Tax Law, Landlord Tenant Law, Accidents and Injuries, Estate Planning, Insurance Law.

Whether you are buying or selling a property, choosing a real estate agent may be the most important decision you make. Good real estate agents can save you a substantial amount of time and money. They can also ensure that the buying or selling process is an enjoyable and memorable experience. Here are some tips for choosing a real estate agent:

1. Ask Friends/Family for Referrals
Ask family and friends for their advice on local agents. This way you will be sure to find an agent with a good reputation.

2. Consider More than One Agency
There is an array of agents that will kill for your business. That is why you should interview as many agents as you can. Compare agents with regard to their knowledge of the area, experience and qualifications. Also, ask for references from previous clients.

3. Choose an Agent that Knows the Importance of Customer Care
While interviewing different agents you will be able to establish their level of customer care or how far they will go to satisfy the customer. Look at things like their attitude towards returning phone calls and their willingness to meet with you.

4. Choose an Agent that Handles Homes in Your Price Range
When you opt for an agent that deals with homes in your price range, you will be sure to end up with an agent that will give his or her best effort. Some agents deal only with high-end properties and are used to high commissions. They are more likely to attend to these properties first.

5. Choose an Agent that Respects Your Time Schedule
If you will not be able to view properties during office hours, you need to find an agent that is willing to do business after hours or over weekends.

6. Look for an Agent that You Can Communicate With
Communication is vital when buying or selling real estate. Make sure that you choose an agent that understands your needs and that communicates them well. You will be best off if you choose and agent that registers a high level of comfort with you or with whom you are compatible with.

7. Choose an Agent that Provides Multiple Services
It will be a bonus if you can find an agent that can handle the buying/selling process as well as other additional services like arranging property inspections or who can refer you to a trustworthy real estate attorney.

8. Choose an Agent That Can Negotiate
Negotiating skills is an essential quality of a good real estate agent. Make sure you choose and agent with impeccable and proven negotiating skills.

9. Choose an Agent with Lots of Resources
Ask agents where your property will be advertised. Make sure that the agency uses print advertising (newspaper/magazines) as well as other promotional material such as brochures. Also check if the agency makes use of the Internet for advertising their listings.

10. Follow Your Instinct
Choose an agent that makes you feel comfortable and whom you trust. You level of comfort and satisfaction will let you know if you’ve met the right agent.

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!

Even with the recession, real estate is a billion dollar market in all the major developed and developing countries. What do you think is the first thing people see when scouting around to buy property? The answer would be the pictures of the property in question. Human beings respond better to visual stimulation.

Therefore, quality and interesting photography matters a lot and if you are a property photographer you should take it seriously. Why? Because your livelihood depends on it! If you are trying to sell real estate photographs to realtors and they are not worth the dollars the realtor pays, your effort goes to waste.

Real Estate Photography Tip #1: Capturing the Best Images

The intention is to sell the property so your photography should definitely be appealing to the people who view them. Try to highlight the best features of the house; the features that potential buyers will like to see matter the most. The photography also depends on the nature of the property – residential or commercial. Actually the pictures should showcase your talent and skill. While searching for realtors to see the images, sometimes you need to provide samples so capturing the best of images will greatly help to clinch the deal.

Real Estate Photography Tip #2: Selling the Images

To earn a living in this type of photography professionally, give yourself 1-2 years of time for creating a solid base of clients. You can set up a professional website with your portfolio, current projects (if any), specialization, skills, and lots of high-definition clear pictures for prospective buyers to see. Of course, you need to do a lot of marketing for getting the clients. Begin by scouting the area you are living in and any others that you have easy access to. Contact the realtors in the area, show them sample images and if luck is on your side, you will land your first deal soon!

Real Estate Photography Tip #3: Getting High Profile Clients

Getting high profile realtor clients who will buy your pictures is not easy because there are always better photographers around you and also you lack experience in the beginning. So after working for a year or two with local realtors, think of migrating towards getting high profile clients. The pay rate is definitely higher but you need to have real skill and knowledge to get an edge over others. Question yourself – what is there in you that sets you apart from other real estate photographers? Once you answer this, build on that aspect for better projects.

Of course, getting the high profile clientele is not easy. Be prepared for sample photo shoots as part of a personalized sales pitch.

Real estate investing is all about perception. Your perception of where the market is going, in conjunction with where it’s actually going. The aim, as always is to buy low and sell high.

You want to buy a cheap tract of dirt and sell it as a high priced piece of developed real estate, after it’s appreciated enough to turn a tidy profit. Selling the property is an art in and of itself.

Buying an initial tract of dirt lends itself to some solid, rational guidelines:

First, look at trend lines for housing prices in your area. While most housing markets are in decline (and the housing markets in Florida and California are adjusting from more than a decade of over-valuation), there are markets where the housing prices are going up. This is a decent leading indicator that there’s a market for expansion.

Second, look for job related news. Home purchases require a steady source of income. New employers moving into a city, or a government branch office opening up are a strong indicator that good, well paying jobs are likely to come up. Where well paying jobs roost, home purchases follow.

Related to this, talk to your local city planning office. Are there recent purchases of “right of ways” to lay down sewer lines? Is the local telephone cable making plans to run out fiber optic lines – a “must have” trend in new home construction. These things point to areas where home growth is immanent. Other big tip offs are school bond issues (found in your local news paper) and new parks being opened up.

Before you look at the land, check out the adjacent commercial real estate usage. Look for “family friendly” or “residential friendly” commercial properties: Houses that are close to grocery and clothes shopping tend to fetch a higher price than ones that are farther away. If there’s a movie theater nearby, or plans for an elementary or middle school, factor that into the size of the homes you build, and what their amenities will be; buyers looking for those features are looking for “mover upper” homes – with a bit more floor space, and two (or three) bedrooms for the kids. Other spots to look for are anchor stores, like Wal-Mart and Best Buy. These companies spend millions on surveys of purchasing patterns before buying a store location; if they’re buying a plot of land, you’ve got about a year to a year and a half window to look into nearby real estate for single family residential and rental residential properties.

You can even flip this on its side – if you can talk to a group of commercial real estate investors, building a shopping center as the nucleus for home development is also a viable combined strategy. This also applies to highly urban areas. Many downtown areas that have been abandoned by businesses can be converted to apartment buildings, and some of the older housing projects are being torn down for mixed-use spaces with combined commercial and residential areas. In particular, you can often get block grants to help with the financing on projects like this, and there are programs from HUD that can help out a great deal with “urban renovations”.

Another source to investigate is the demographics in your area. Look at the US Census figures (and local county figures) for median age, and median birth rate per capita. You want to invest in areas where the population is growing already. High skews in the ’40s and ’50s indicate that you’ve got a bunch of people who are going to retire soon, and retirees are highly prone to selling properties off. Places to watch carefully are most of the urban parts of California, and great swaths of the rural Midwest, where demographic trends have been changing entire towns since the 1950s as the country’s population has shifted to urban areas.

If there’s a local planning council, or urban development council, make it a point to get the minutes of all the meetings from the past year. The city council offices will have them on file as a matter of public record. Also try to get into the next range of meetings as an observer. Discuss with the city and county managers where they see housing and construction trends moving. What you’re looking for is real estate that will be desirable in two to three years; look at road planning atlases, and look for all the data you can find. Also look for real estate that will be scenic – lake front property is as close to a guaranteed bet as you can get in real estate investing, particularly if there’s a lake that’s at the “far end” of a development axis. Likewise, if there’s land that the city council is looking to acquire for parks, buying the adjacent lots now means you’ll be able to sell them later.

Lastly, talk to the professionals in your communities. Talk to architects who can tell you if they’re busy or not. Maintain professional contacts with engineers, bankers and attorneys. They will usually know about projects well before the general public. Also make a habit of reading the local newspaper’s business section. Often times, the first clue that a business may move in to your area is buried at the bottom of a column on page 8.

Using the guidelines suggested above will help you to find “sleeper” raw land properties. These “sleeper” properties are perfect for the buy low, sell high strategy used by successful commercial real estate investors.

Creative Financing

When a Commercial Real Estate Investor is looking to purchase income producing property utilizing any number of creative financing methods, one of the most important keys to their success is that their ability to provide adequate, verifiable proof of funds – P.O.F.- to both the seller and the lender. The verification of funds can enhance the investors credibility with the seller as well as satisfy the lenders requirement to know that the borrower has necessary funds to complete their transaction.

Proof of Funds

There are a few ways acceptable to lenders and sellers to show P.O.F. to close your Commercial Real Estate transaction:

• Bank Statements or Bank Verification
• Brokerage Account Statements or Verification
• Escrow Account Verification

“Bank Verification” This is the most acceptable and widely used method to confirm the investors can complete the proposed deal. As such money must be put into a bank account and confirmed by statements or letter from the banker.  This is a “hard” (versus soft) method of verification, because money are deposited in an account in the buyers name to serve as proof the buyer can complete the transaction.

“Brokerage Account Verification” Similar to bank accounts, brokerage accounts show acceptable means to complete a purchase transaction. Likewise, statements or letter from the brokerage house representative will meet the requirement to prove adequate financial strength. This is also a “hard”  method.

“Escrow Account Verification” This is the one method that can be hard or soft evidence of necessary assets as the escrow agent simply needs to write a letter of confirmation attesting that the borrower has finances available to complete the transaction. It becomes hard when money is transferred  into an escrow waiting for the closing.

Companies

Finally, there are companies whose sole purpose is to provide evidence of the financial ability of Commercial Real Estate Investors to complete their transactions. Many of them provide “Proof of Funds” and Transactional Financing. P.O.F. is necessary at the beginning of the deal and Transactional Financing is for the day of closing only. Both of these methods are a necessary part of an investors arsenal when utilizing creative financing.