Real Estate Professional
Assistant Course
1
Classroom Guidelines
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All phones, beepers and recorders—OFF
Periodic breaks
Course outline
Participatory class
Questions encouraged
Glad you are here!
2
Meet Your Neighbor!
• 2 minutes
• Introduce yourself
to as many people
as you can!
• READY
• GO!
3
Learning Objectives
• Provide clerical support in preparation of
kits, contracts, net sheets and MLS data
• Identify due dates, deadlines and
termination dates in listing agreements
and contracts
• Organize follow up and support activities
4
Learning Objectives
• Identify day-to-day operations of the real
estate business.
• Recognize terminology used in real estate
• Organize procedures for listing and selling
real estate
• Recognize specific activities performed by
licensed and unlicensed REPA’s
5
You Will Learn To:
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Present yourself professionally
Identify high risk situations
Provide support
Develop systems
Be a team player
Be successful as a Real Estate
Professional Assistant
6
REPA Statistics
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21% of REALTORS® use assistants
48% are unlicensed
50% are employed part-time
57% work exclusively for one REALTOR®
7
Chapter 1
Working in the World of Real Estate
1
8
In This Chapter…
1. Present yourself professionally
2. Learning, communicating and
working as a professional
9
Professional Appearance
• Represent employer
• Dress professionally
• To feel professional
dress the part
• Dress for Success!
• How is this lady
doing?
10
Learning as a Professional
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Learn employer’s routines
Learn office routines
Write everything down
Keep a notebook
– Spiral is best
– No sticky notes
– Good reference
11
Communicating as a Professional
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You are on the service end of the line
Satisfy person on the other end
Patience and tolerance
Your professionalism impacts referrals and
return business
• Sense of humor
• Courteous, patient and helpful
12
Working as a Professional
• Accurate Phone Messages
– Taken correctly and completely
– Delivered promptly
– Date and time clearly noted
– Include a return phone number
• Get return number
– Look it up yourself if necessary
• Promptly return all messages
13
Confidentiality
• Respect confidential
nature of information
• Legal consequences
• Repeat NOTHING!
Three can keep a secret if two of them are dead.
Benjamin Franklin
14
Organization
• Keep data up to date
• Back up regularly
• Have information
readily available
• Keep files in order
• Organize work space
15
Numbers Exercise
16
Honest Answers and
Overcoming Rejection
“I don’t know but
I will find out.”
Keep a
positive attitude!
Be sure to get back
to them with the
correct answer
There is always the
next transaction
and a new client to
serve.
17
Professional Interview
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First impression
Arrive early
Be prepared
Provide resume
Letters of reference
Highlight special skills
18
Professional Interview
Ask questions: shows you are interested
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Is this a new position?
What computer and software do you use?
Why is the position available?
Will there be formal job training?
What qualities are needed to excel here?
If I am extended a job offer, how soon
would you like for me to begin?
19
At End of Interview
• Thank interviewer for the opportunity
• Express your interest in the job
• Send a follow-up thank you letter within 24
hours of interview
20
A Real Estate Professional Assistant
Reliable
Enthusiastic
Positive Attitude
Always Professional
21
Chapter 2
Understanding the Business of Real Estate
22
In This Chapter…
1.
2.
3.
4.
5.
6.
7.
8.
Federal and state regulations
Types of licenses
Licensed and unlicensed REPA’s
Legal issues
Transaction participants
REALTOR® Professional Associations
Multiple Listing Service
Code of Ethics & Professional Courtesies
23
State Regulatory Agencies
• Services of Real Estate
– SALE
– PURCHASE
– EXCHANGE
– AUCTION
– LEASING
– PROPERTY MANAGEMENT
24
Set Standards
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Licensing
Disciplining
Education
Training
CE for renewal
Related services
– Appraisers
– Time shares
25
Federal Regulatory Agencies
• Do not regulate agent licensure
• Require disclosures
• Lead-based paint
26
Discussion Question
• You hold active licenses in New York and
New Jersey.
• Is it lawful to simultaneously hold licenses
in more than one state?
• Under federal laws, in what other states
may you practice real estate?
Real Estate
License
27
Licenses
BROKER
SALESPERSON
BROKER
SALESPERSON
28
Broker
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Licensed broker operates an agency
Owns company listings
Responsible for all staff and salespersons
All commissions go through broker
All agent gifts go through broker
No tipping to unlicensed persons
29
Salesperson
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Performs services of real estate
Works under supervision of a broker
May not operate their own company
May manage for a broker
30
Broker-Salesperson
• Holds license as a broker
• Chooses to work for another broker
• Must work as a salesperson only
31
How Agents are Paid
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All fees are paid to broker
No “standard” commissions
All commissions are negotiable
Usually nothing paid until transaction closes
Must be licensed to share in commission
Commission, flat fee, referral fee, consulting fee
or salary
• Accepting commission does not necessarily
create agency
32
Gifts
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Pass through broker
No referral gifts
No tips for referrals
Thoughtful note good
Bonus’s allowed
33
Group Question
Why would a licensee
want to work as a
Real Estate Professional Assistant?
34
Licensed REPA
• License must be active
• Perform all services of real estate
• Can be of greater assistance to employer
35
Statistics on Personal Assistants
48%
52%
Licensed
Unlicensed
Source: 2003 National Association of REALTORS® Member Profile, (National
Association of REALTORS®, 2003).
36
Unlicensed REPA
• MAY NOT:
– Provide access or show a listed property
– Demonstrate property features
– Offer subjective comments about property
– Negotiate or assist in negotiations
– Provide subjective advice
– Collect a commission, split, or referral fee
37
Discussion Question
38
Class Exercise
• Design the Perfect Work Day
39
Legal Issues
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Licensing laws are strictly enforced
If REPA is licensed, must be active
Must be registered with supervising broker
Must complete continuing education
requirements
• Keep track of license expiration date
• Provide reminders to employer
40
Antitrust
• Important legal issue in real estate
• Easy to violate if not aware
• Let’s read ‘Just Another Day at the Office’
41
Group Question
What did the REPA say
wrong during this
conversation?
42
Sherman Antitrust Law
1. Conspiracy to set prices
– REPA implied a conspiracy when she said
Tom Williams was the only one with his fee
structure and he did not belong to the Board
of REALTORS®
2. Conspiracy to boycott a competitor
– She said other agents would not show his
listings at that commission level.
43
Participants in a R.E. Transaction
• Lenders
• Mortgage Brokers
• Home and Termite
Inspectors
• Other Inspectors
• Attorneys
• Closing Agent
• Title Company
44
Lenders
• Application
• Credit Report
• Property surveyed,
inspected & appraised
• Sent to underwriter
• Loan Commitment
• Loan packet for closing
45
REPA Responsibilities
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Track loan progress
Time period for loan application
Time period for loan commitment receipt
Loan NOT approved until receipt of loan
commitment
46
Mortgage Brokers
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Serves all buyers
Special financing requirements
Less than perfect credit
Shop lenders for best loan package
May offer different qualifying benchmarks
Buyer may have to pay higher interest
May shop for highly qualified buyer
47
Home Inspectors
• Before or after contract is signed
• Time frames for completion
• Contract defines what is to be
inspected
• Contract defines remedies
• Selection by client/customer
• Post inspection follow-up
48
Termite Inspectors
• Very important in certain parts of country
• Deals with more than termites
• Wood destroying organisms, carpenter
ants, fungus or wood destroying mold
• Contract defines remedies
• Post inspection follow-up
49
REPA’s Role
• Work done on timely basis
• Copies of reports to buyer
and seller
• Confirm work completion
• Work done according to
contract terms
50
Attorneys
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Contract preparation and closing
Consult on contract terms and language
May review contract prepared by an agent
After binder, attorney may write contract
Title search and title policies
May also serve as closing agent
51
Closing Agent
• When an attorney is not required
• Closing agent arranges for title search,
title commitment and title insurance
• Does not have to be an attorney
• Paralegal is often used
• Choice of closing agent is negotiated
52
Title Company
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Handle real estate closings
Conduct title searches
Issue title insurance policies
Attorneys on staff
Agent for the lender
Act as closing agent
53
Insurance Agent
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Buyer must show proof of insurance
Transaction cannot close without it
May be difficult to purchase
Natural disasters and mold have caused
prices to increase
54
National Association of REALTORS®
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NAR members adhere to Code of Ethics
Unlimited resources
Continuous training
Largest trade organization in world
Legislative and governmental activities
Federally registered membership marks
Only NAR members called REALTOR®
55
Professional Designations
• Through institutes, societies and councils
• REBAC offers ABR® and ABRM®
56
State Association of REALTORS®
• Education and legislative support
• Work closely with state legislators and
state administrative divisions
• Provide standard forms for listing and
contracts
57
Local Association of REALTORS®
• Professional, legislative and social activities
• Appoint representatives to state and
national associations
• Raise funds for RPAC
• Mediate or arbitrate disputes
• Educational opportunities
• REPA will track membership due dates
58
Multiple Listing Service
• Database of active, expired and sold listings
• Provides data for Comparative Market
Analysis (CMA)
• MLS may be owned by local board
• User pays a fee over and above board dues
59
Code of Ethics
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Sets clear ethical practices
Working with public or one another
NAR members bound by the code
REPA’s should be familiar with the code
Soliciting listings and advertising property
60
Professional Courtesies
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Pathways to Professionalism
Use on a voluntary basis
Working with colleagues from other firms
Working with all real estate professionals
Professional courtesy guidelines
61
Discussion Question
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Dick and Jane exploring classifieds
See two agents advertising
Joe Joseph, REALTOR®
John Johnson, licensed salesperson
Are both licensed?
What is difference between the two?
Are both called REALTORS®?
62
Chapter 3
Finding Listings and Clients
63
In This Chapter…
1.
2.
3.
4.
5.
6.
7.
8.
Types of Listings
Agency Relationships
Buyer Representation
Client Confidentiality
Buyer and Seller Markets
Farming
Do-Not-Phone, Fax, Email laws, FACT Act
Listing Kits
64
Types of Listings
Exclusive Right
To Sell
Greatest Control
Exclusive Agency
Owner may sell without
paying a commission
Open Listing
Broker selling property
gets the commission.
Owner may sell
without paying a commission.
65
Listing Agreement Facts
• To be enforceable, must be in writing
• Seller should promptly receive a copy of
the listing agreement signed by broker
• Verify that person signing is the owner
• Specific term
• Cannot be automatically renewed
• May be for rental or sale of property
66
Agency Relationships
• Broker liability
– Responsible for actions of all agents in office
– Responsible for employees and REPA’s
– Liability runs 24/7, 365 days a year
• One form of agency for any one listing
• Each agent in office bound by type of
agency shown on listing agreement
• Customer and Client
67
Customer and Client
Customer: not represented in transaction
You work WITH a customer
Client: has representation in transaction
You work FOR a client
68
Buyer Representative Agreements
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ABR enhances buyer representation skills
Working for buyer’s best interest
Home Buyers Kit and marketing brochures
Searchable database
Buyer representation agreement between
client and broker
• Retainer may be required
69
Other Forms of Representation
Single Agent
Represent buyer or
seller
Never both in same
transaction
Dual Agent
Limited representation
Full disclosure
Informed consent
Transaction Broker
Non-representation
relationship
Designated Agent
Appointed by broker to
represent buyer
70
Definitions
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Single Agent
Buyer’s Agent
Seller’s Agent
Transaction Broker
Designated Agency
Dual Agent
71
Client Confidentiality
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Listing information
Staff meetings
Office chatter
Previous offers
Details of current offer
June 1, 2005, federal law requires
destruction of all information taken from
credit/consumer reports before throwing in
garbage
72
Buyer’s or Seller’s Market
• Seller’s Market
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Few properties
High demand
Command higher price
Command better terms
• Influenced by:
– New industry
– Interest rates
• Buyer’s Market
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Many properties
Low demand
Lower price
Less desirable terms
• Influenced by:
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Economic trends
Industry closings
Interest rates
World events (9/11)
73
Farming
• Process by which an agent finds
properties to list
• Specialize within a certain part of town
• Known as ‘farm area’
• Small towns, entire town is farm area
• Refer business outside farm area
74
Working a Farm Area
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For Sale By Owner
Expired Listings
Referrals
Direct Mail
Web sites
75
Web Sites—The Electronic Farm
• Tech-savvy agents maintain Web sites
designed to generate leads from both
buyers and sellers.
• keep the content updated
• respond to e-mail messages and Webgenerated inquiries
• real-time responses (within 24 hours or
less) to e-mails
76
Farming Dos and Don’ts
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Must you be licensed to make phone calls?
NAR Code of Ethics Article 16
Non-solicitation lists
You may call:
– In response to a direct request
– In connection with an existing debt or contract
– Prior or existing business relationship
77
Fax, Phone and Email
Need permission
before calling, faxing,
e-mailing
78
Listing Kit
• Items to include:
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Listing agreement
CMA
Disclosure forms
Estimated Net Sheets
MLS data input form
Property disclosure
Sample advertisements
NAR’s Code of Ethics
References
79
Chapter 4
Listing Agreements
80
In This Chapter…
46
1.
2.
3.
4.
5.
6.
7.
Completing a listing agreement
Processing the listing
MLS Input
Verifying data
Preparing the listing file
Marketing
Fair Housing laws and guidelines
81
Key Items in Listing Agreements
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Legal names
Term of agreement
Legal Description of property
Personal property to remain
Occupancy
Price and terms
Disclosure of defects
82
Key Items in Listing Agreements
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Compensation
Broker Protection Period
Permissible Use
Retained Deposit
Cooperation with other Brokers
Non-Cooperation
Fair Housing Notification
83
Key Items in Listing Agreements
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Code of Ethics
Conditional Termination
Dispute Resolution
Signatures, Dates and
Contact Information
84
Processing the Listing
Six Steps
1.
2.
3.
4.
5.
6.
MLS Input
Verify the data
Prepare Listing File
Marketing
Fair Housing Laws
Other procedures
85
MLS Input
• Enter information from listing appointment
• Local rules determine Open Listing access
• Exclusive Right to Sell and Exclusive
Agency listings are preferred
MLS
Rules
86
Verify Data
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Make a printout from MLS system
Check for accuracy
Simplest error may deter showing
Re-check everything
Information used for offers/buying decisions
If inaccurate, legal claims may be made
87
Verify Data
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1
2
Always use new data
Carefully compare input sheet with printout
Avoid exaggeration in remarks section
Be extremely accurate
Track expiration dates
88
Listing File
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Signed Listing Agreement
Required disclosure forms
Contact log
Property log
Showing log
Showing instructions
89
Marketing: For Sale Sign
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Yard sign installation
Local ordinances
Owner permission
Keep in good repair
90
Advertising
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Write initial ad copy
Employer and Broker approval
Different media, different layout, text, style
License law requirements
91
Fair Housing Laws
• Must comply in all areas of real estate
– Customers in the office
– Properties shown and not shown
– Rental property and property for sale
– Enforced through lawsuits
– Compensatory and punitive damages
– Testers
92
Fair Housing Quiz
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Must a tester be a legitimate buyer?
Must a tester always tell the truth?
Are adults a protected class?
Are married people protected?
Are students protected?
Are alcoholics currently in rehab protected?
93
Fair Housing = Fresh Corn
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F-amilial Status
R-ace
ES-ex
H-andicapped
C-olor
OR-eligion
N-ational Origin
EO=Equal Opportunity
94
May NOT Discriminate
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Sale or rental of housing or rental units
Advertising the sale or rental of housing
Financing of housing
Provision of real estate brokerage services
95
Equal Professional Service Model
1
2
3
Procedures?
Information?
Has my
customer
set the
limits?
No
No
No
Do I Use
Systematic
Do I Have
Yes
Objective
Yes
4
Yes
Have I
offered a
variety of
choices?
No
Source: At Home with Diversity, National Association of REALTORS®, 2005
96
Fair Housing Violations
• Refuse to sell or rent to anyone in a
protected class
• Misrepresent housing availability
• Steering
• Provide different services or facilities
• Indicate preferences in advertising
• Refuse loan based on protected classes
97
Fair Housing Violations
• Different terms or conditions on loan
• Denied or imposed different terms on
property insurance
• Used protected class when appraising
• Harassed, coerced, intimidated or
interfered with anyone exercising or
assisting someone with fair housing rights
98
Can You Ask?
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Do you have a disability?
Have you ever used drugs or alcohol?
Have you ever suffered a serious illness?
Have you ever sold illegal drugs?
Have you been in a drug treatment
program?
• Have you been convicted of the illegal
manufacture or distribution of a controlled
substance?
99
Fair Housing Advertising
In all advertising
Describe the property
Not the people!
100
Advertisement Quiz
Mark the mistakes you find.
101
Presenting the Offer
102
Chapter 5
Showing Property
103
In This Chapter…
1.
2.
3.
4.
5.
6.
7.
Showing Instructions
Making Appointments
Property Tours
Lock boxes
Open Houses
Caravans
Property Terminology
104
Showing Instructions
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Database or spreadsheet
Showing Information
Well organized
Easily accessible
Fosters efficiency
Update weekly
105
Sample Listing Sheet
MLS#
Property BR/BTH
Location
Price
F?
Lister
Showing
123456
119
Park Dr.
2/2.5
160,000
F
JQP
Vacant
Lockbox
987654
2116
Boris
Pike
3/3.5
227,000
U
BBK
Call 1st
Instructions
555-1234
Key at
front desk
106
Listing Sheet Advantages
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Prepared to make appointments
Increased efficiency = repeat calls
Answer basic questions
If licensed, handle prospect inquiries
Answer questions and make appointments
107
Making Appointments
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MLS printout
Who to call for appointment
Office number first
Listing agent’s cell or home number
Showing instructions
Make appointment
Give employer written copy of instructions
108
Scheduling Property Tours
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Map out location
Make tour logical
Plan lunch break
Prepare tour sheet
Copy of MLS printout
Pick up the keys
109
Lock Boxes
• Secure device
• Holds keys
• Security code
updated regularly
• Record data
– Time
– Date
– Person
• Do not borrow or lend
110
Open Houses
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Guest book
Weekends or holidays
Sign ordinances
Owner should leave
Eliminate clutter
Turn on lights
Secure property
111
Caravan Tours
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Familiarize agents with new listings
Scheduled on weekdays
Be present if your listing on tour
Previewing for buyers
Wednesday’s
Caravan
Schedule
112
Property Terminology
Explore Terminology with Instructor
Let computer rest
Thank You!
113
Chapter 6
Contract for Sale and Purchase
114
In This Chapter…
1.
2.
3.
4.
5.
6.
7.
REPA’s Role
Contract Terms
Association Approvals
Credit Reports
Time Frames
Right to Rescind
Sales Kits
115
REPA’s Role
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Track deadlines, dates, tasks
Track rescission period
Receipt of additional deposit
Condominium or homeowner’s approval
process
• Track deadlines for buyer clients
• Track, track, track
116
REPA’s Role
• Contracts clean and legible
• Words and numbers crystal clear
• Sales file has signed copies of all documents
and originals where needed
• Original, signed copies to all parties of final
contract
• Photocopies are clear and legible
• Have five original signed copies of contract
117
Contract Terminology
Examine each term
with instructor
118
Property Disclosure
• Varies by state
• Disclose to the buyer the property condition
• Seller must usually disclose any known
problems
• Important for decision-making on price/terms
• Failure to disclose could be misrepresentation
• There are federal, state and local disclosures
• Forms available for uniform disclosure
119
Association Approvals
• Associations make rules, collect
maintenance fees and manage complex
• May require prior approval for sale
• Must work within their rules & procedures
• Certificate of Approval may be required
• Certificate is filed with deed
• Approval may be a contract contingency
120
Association Approvals
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•
Fee for processing application
May be paid by either buyer or seller
Made payable to the association
Letters of recommendation
Personal interview
Complete process as soon as possible
121
Credit Reports
• Written permission of applicant REQUIRED
• Three national credit reporting companies
– Experian
– Equifax
– Transunion
122
Time Frames
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•
•
Variations apply
Contract to contract/locality to locality
Critical to know system that applies
Remind parties of obligations based on
time frames in contract
123
Right to Rescind
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•
•
Canceling a contract
Period following execution of contract
Rescission period varies from state to state
REPA is to have all required documents
available
• Dated acknowledgement from buyer that
documents were received
• Keep employer posted until conclusion
124
Sales Kits
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•
Contract or binder form
Disclosures requiring seller signatures
Seller’s Estimated Net Sheet
Standard clauses
Blank addendum form
125
Sales Kits
• Specific Property
– Copy of tax record
– Copy of MLS printout
– Contact information for the buyer and seller
126
Chapter 7
Working with the Signed Contract
127
In This Chapter…
1.
2.
3.
4.
5.
6.
7.
Role of REPA
Document the transaction file
Seller’s Estimated Net Sheet
Tracking milestones
Closing statement
Buyer’s walk through
What happens at closing
128
Role of REPA
• Guarantee steps completed with the terms
of the contract
• Track each task and milestone
• Document efforts to meet requirements
• Create comprehensive paper trail
– Starts with good listing kit
– Becomes working
transaction file
129
Document the File
• Document every action!
• Protection against future claims
• A comprehensive transaction file should
answer any question regarding the
transaction
• Well-documented transaction file is
employer’s best defense
130
Transaction File Contents
• Telephone log
• Copies of:
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–
–
–
–
phone messages
Correspondence
Memos
Faxes
Emails
• Fax cover sheets
• Copies of:
– Mortgage commitment
– Inspection reports
– Receipts for work done
for buyer or seller
– All required paperwork
for association approval
• Association Certificate
of Approval
131
Seller’s Estimated Net Sheet
Every offer or counter-offer
requires a new
Seller’s Estimated Net Sheet.
A copy should be kept in the Transaction
File whether or not the offer
becomes a contract.
132
Tracking Milestones
•
•
•
•
•
•
General information
Deposits
Financing
Rescission
Inspections
Attorneys and Closing
Agents
• Title insurance
commitment
• Homeowner or
condominium
association approval
• Preparing for closing
• The closing
Develop a system to track these milestones!
133
Buyer’s Walk Through
• Purpose: Make sure the property is the
same as on the day when the contract was
signed
• Check repairs are completed
• Not the time for a property inspection
134
Closing Statement
• Known as HUD-1
• Reflects all charges and credits to buyer
and seller
• Copy should come to employer 24-48
hours before closing
• REPA may check for charges or credits
• Employer will verify all charges
• Signed copies provided at closing
135
What Happens at Closing?
•
•
•
•
•
•
•
Occurs at title company or attorney’s office
All documents are signed
Deed is transferred from seller to buyer
Buyer receives the keys to the house
Buyer signs mortgage papers
Transfer taxes, if any are paid
Down payment given to closing agent
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What Happens at Closing?
• Check from lender for balance of price
given to closing agent
• Payments and expenses between buyer
and seller are reconciled
• Funds are disbursed
• Buyer should know the amount needed at
closing so he can bring certified check
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Class Exercise:
Estimated Seller’s Net Sheet
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Class Exercise:
Offer and Acceptance
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Chapter 8
Conclusion
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In This Chapter…
Secrets to Success
As a Real Estate Professional Assistant
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23 Secrets to Success
#23. Look and act professional at all times.
#22. Perform a wider range of services.
#21. If unlicensed, don’t cross the line.
#20. Know about Antitrust and Fair Housing.
#19. Work congenially.
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23 Secrets to Success
#18. Know local MLS rules.
#17. Keep listing kits and sales kits ready.
#16. Know the difference between buyer &
seller representation.
#15. Develop a “rolodex” and keep it handy.
#14. Design marketing materials that work!
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23 Secrets to Success
#13. Obtain complete info from call-ins.
#12. Type and proofread carefully.
#11. Develop listing and showing instruction
spreadsheets.
#10. Keep a list of deadlines & time frames.
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Congratulations!
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