Real Estate Investing: Government Regulations

June 23, 2009 by Kenny Santos  
Filed under Real Estate Investing

As real estate investment continues to dominate in the financial world, there are incidents of frauds in the market. With the growing number of real estate agencies, the Government has woken up to the need of laws to regulate the real estate transactions. All the states as well as the District of Columbia have enforced laws for licensing, regulating, and code of conduct for the real estate agents. The real estate industry has strongly supported real estate licensing law.

Objectives of the Laws:

Prevention of fraudulent practices is the major objective of the real estate laws. The real estate world is vulnerable to abuses. Hence, the court has made it mandatory for the real estate sellers to disclose all the essential information to the buyers for consumer protection. This document containing all the facts is called public report.

Codes of Law:

On August 4, 1943, a legislative power of the Department of Real Estate (DRE) was categorized as two Parts of the Division 4 catering to the Business and Professions Code. Part 1 is now known as Sections 10000 to 10580. It is titled, ?Licensing of Persons? and can be quoted as the Real Estate Law. Part 2 is called Sections 11000 to 11200. It is titled, ?Regulation of Transactions? and can be quoted as the Subdivided Lands Law.

The Requirement of A Real Estate License:

Under the Sections 10131, 10131.1, 10131.2, 10131.3, 10131.4, 10131.45, and 10131.6 of the Real Estate Law, the activities of the broker are defined. Under Sections 10131 (d) and 10240, et seq. of the Real Property Loan Law, the activities of the mortgage loan broker are defined. In the absence of a license, no compensation will be given to a person for carrying out any of the acts stated within the scope of a licensed broker. The law enforces penalties for an individual claiming to be a real estate broker without having a license. Any real estate broker who compensates a person without license for carrying out activities that call for a real estate license may be fined by the Commissioner. Further, a person who is found compensating an individual without license for services requiring a license shall be fined by the court and be found guilty of a crime under Sections 10138, 10139, 10139.5 of the Code.

Before going into a real estate transaction, it is better to get familiar with the rules and regulations pertaining to real estate. The buyer should know his or her rights to avoid sellers taking undue advantage. A well-informed buyer is able to get a fair deal from the real estate agents, and may even go to the court in case the agent strays from the law.

Alexander Gordon is a writer for http://www.smallbusinessconsulting.com - The Small Business Consulting Community. Sign-up for the free success steps newsletter and get our booklet valued at $24.95 for free as a special bonus. The newsletter provides daily strategies on starting and significantly growing a business.

Business Owners all across the country are joining “The Community of Small Business Owners? to receive and provide strategies, insight, tips, support and more on starting, managing, growing, and selling their businesses. As a member, you will have access to true Millionaire Business Owners who will provide strategies and tips from their real-life experiences.

Real Estate Investing: Government Regulations

June 19, 2009 by Kenny Santos  
Filed under Real Estate Investing

As real estate investment continues to dominate in the financial world, there are incidents of frauds in the market. With the growing number of real estate agencies, the Government has woken up to the need of laws to regulate the real estate transactions. All the states as well as the District of Columbia have enforced laws for licensing, regulating, and code of conduct for the real estate agents. The real estate industry has strongly supported real estate licensing law.

Objectives of the Laws:

Prevention of fraudulent practices is the major objective of the real estate laws. The real estate world is vulnerable to abuses. Hence, the court has made it mandatory for the real estate sellers to disclose all the essential information to the buyers for consumer protection. This document containing all the facts is called public report.

Codes of Law:

On August 4, 1943, a legislative power of the Department of Real Estate (DRE) was categorized as two Parts of the Division 4 catering to the Business and Professions Code. Part 1 is now known as Sections 10000 to 10580. It is titled, ?Licensing of Persons? and can be quoted as the Real Estate Law. Part 2 is called Sections 11000 to 11200. It is titled, ?Regulation of Transactions? and can be quoted as the Subdivided Lands Law.

The Requirement of A Real Estate License:

Under the Sections 10131, 10131.1, 10131.2, 10131.3, 10131.4, 10131.45, and 10131.6 of the Real Estate Law, the activities of the broker are defined. Under Sections 10131 (d) and 10240, et seq. of the Real Property Loan Law, the activities of the mortgage loan broker are defined. In the absence of a license, no compensation will be given to a person for carrying out any of the acts stated within the scope of a licensed broker. The law enforces penalties for an individual claiming to be a real estate broker without having a license. Any real estate broker who compensates a person without license for carrying out activities that call for a real estate license may be fined by the Commissioner. Further, a person who is found compensating an individual without license for services requiring a license shall be fined by the court and be found guilty of a crime under Sections 10138, 10139, 10139.5 of the Code.

Before going into a real estate transaction, it is better to get familiar with the rules and regulations pertaining to real estate. The buyer should know his or her rights to avoid sellers taking undue advantage. A well-informed buyer is able to get a fair deal from the real estate agents, and may even go to the court in case the agent strays from the law.

Alexander Gordon is a writer for http://www.smallbusinessconsulting.com - The Small Business Consulting Community. Sign-up for the free success steps newsletter and get our booklet valued at $24.95 for free as a special bonus. The newsletter provides daily strategies on starting and significantly growing a business.

Business Owners all across the country are joining “The Community of Small Business Owners? to receive and provide strategies, insight, tips, support and more on starting, managing, growing, and selling their businesses. As a member, you will have access to true Millionaire Business Owners who will provide strategies and tips from their real-life experiences.

Mastering One Of The Hardest Parts Of Real Estate Investing - Getting The Great Deal

April 27, 2009 by Kenny Santos  
Filed under Real Estate Investing

Real estate investing has become a very ?in? thing for most people to do because it makes so much sense. As a result of this demand, there are dozens of real estate books and courses for new and existing real estate investors to study.

Most of the real estate investing techniques do work well and many folks have been very, very successful executing real estate transactions practically every day. It is true that real estate investing is a wonderful opportunity where great success can be yours.

But just in case your incoming home seller leads for your real estate business are fewer than you?d prefer, don?t be discouraged and don?t blame yourself. You may just be a ?normal? real estate investor.

For one thing, you should be aware that you might be part of the current real estate investor ?herd?. That statement may sound a little strange but it?s meant to make you think about what may be going on around you.

For example, do you ever feel like you?re using the same prospecting strategies as other real estate investors, facing the same struggles as other real estate investors, and making the same limited progress as many other real estate investors?

Perhaps it?s because there are so many real estate investors trying to get ahead by ?getting the great deal? but ironically that same group of investors are using the exact same strategies to get that great deal.

Whenever you have a large group of people “into” a certain opportunity, like real estate investing, you must find an ?opposite? way to approach it.

In the beginning of my real estate investing career, I went from seminar to seminar, looking for that “magic formula” that was really going to increase my business. I learned a lot about the mechanics of real estate deals just like I learned a lot of theory in college. But I never really learned ?how? to get the deals to come to me.

To remedy this problem, I studied aggressive marketing and business strategies for about two years. As a result, one giant discovery that I made was the absolute need to separate myself from the real estate investor ?herd? in every possible way.

Meaning, eliminate the competition for deals between me and the other real estate investors around me. I did this easier than you may think just by changing my ?positioning?.

Your positioning involves what level of control you have on your incoming business, and that largely determines your success. For example, can you control how many deals come your way? Do you have people calling you or contacting you through your various lead generating ?funnels?? Do you have influence on this process or not? If you?re like a large percentage of investors, you?re probably always chasing down the deals instead of having the deals come to you.

When you have control of your lead generating process and it produces leads for you, you can then position yourself to take advantage of this new incoming business. If you don?t have your lead generating process doing this, make it your # 1 focus until it works for you. Then you?ll have the ability to go to step # 2 which involves choosing exactly what to do with all your leads.

There are many real estate investors who literally have their phones ringing off the hook with sellers calling them and then there are the ?investors? buying overpriced homes just because they?re not educated on how to get good leads. Which one do you want to be?

Mike Coraluzzi has been called the ?lead generation expert? for investors who don?t have time to chase down deals. He is the author of the ?No-Time Real Estate Investor Marketing System? http://notimerealestateinvestor.com a lead generating system that?s specifically designed to bring deals to the part-time real estate investor. Mike is a successful investor and coach who owns companies in Real Estate and Marketing.

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