Title: Chapter 8 Contracts and Transferring Real Estate Interests
1Chapter 8Contracts and Transferring Real
Estate Interests
Real Estate Principles for the New Economy
Norman G. Miller and David M. Geltner
2Major Topics
- Documents used to transfer title to real estate
- Concept of good title to real estate
- Insuring the title to real estate
- Transferring the title to real estate
- Requirements for transferring title under a sales
contract - Types of Leases
- Landlord Tenant Laws
- Triple Net vs. Gross leases
- Sale-Leasebacks
- Leases with purchase options
- Important Lease Clauses
Real Estate Principles for the New Economy
Norman G. Miller and David M. Geltner
3Introduction to Deeds
- Deed
- A written instrument used to convey title to
real estate
Requirements for a valid Grantor
- Age of capacity
- Sufficient mental capacity
Real Estate Principles for the New Economy
Norman G. Miller and David M. Geltner
4Introduction to Deeds (Contd.)
Requirements for a valid deed
- Grantors Grantees must be identified
- Grantors Signature is required, and signatorys
authority authenticated (Power of Attorney) - Consideration
- Words of Conveyance
- Legal Description of the property
- Acknowledgement (Notarys seal)
- Deed must be delivered
Real Estate Principles for the New Economy
Norman G. Miller and David M. Geltner
5TYPE OF DEEDS
- Quitclaim Deed
- General Warranty Deed
- Special warranty Deed
- Judicial Deed
Real Estate Principles for the New Economy
Norman G. Miller and David M. Geltner
6Real Estate Title Transfer
- Most common method is the sales contract with
underlying agreement between buyer and seller,
which satisfy the following Common Law
requirements - The Offer
- The acceptance
- Consideration
- Written evidence
Real Estate Principles for the New Economy
Norman G. Miller and David M. Geltner
7Invalidating Contracts
- Major reasons
- Capacity
- Lack of full information
- Material Defect
- Undue Influence
- Duress
Real Estate Principles for the New Economy
Norman G. Miller and David M. Geltner
8Transferring Title to Real Estate
- By Inheritance
- By Adverse Possession
- Transferring Title to the Public Eminent Domain
-
Real Estate Principles for the New Economy
Norman G. Miller and David M. Geltner
9Temporary Transfer Leases
- Leases are a class of real estate that include
possession but no ownership - Long term leases can be just like ownership in
the sense of having almost permanent possession - Forms of Tenancy
- Tenancy for years
- Periodic Tenancy Month-to-month lease
- Tenancy at will
- Tenancy at Sufferance
Real Estate Principles for the New Economy
Norman G. Miller and David M. Geltner
10Landlord Tenant Rights
- Uniform Residential Landlord and Tenant Act
- Security Deposit and Interest
- Landlords obligations
- Allow the tenant Quiet Enjoyment
- Keep property fit for occupancy
- Make timely repairs (unless these are the
responsibility of the tenant as stated in the
lease)
Real Estate Principles for the New Economy
Norman G. Miller and David M. Geltner
11Commercial Leases
- Base Rent
- Rent paid by tenant to landlord
- Gross Lease
- Landlord pays all operating expenses
- Net Lease
- Tenant pays certain defined expenses
- Triple Net Lease
- Tenant pays for all operating expenses
Real Estate Principles for the New Economy
Norman G. Miller and David M. Geltner
12Commercial Leases (Contd.)
- How Rents May be Increased or Escalated
-
- Ground Lease
- Sale Leaseback
- Lease with Purchase Options
- Lease with Purchase Options
Real Estate Principles for the New Economy
Norman G. Miller and David M. Geltner
13END
Real Estate Principles for the New Economy
Norman G. Miller and David M. Geltner