Lecture 2 Real Estate Business

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    REAL ESTATE BUSINESS

    Lecture 2

    Jan-May 2015

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    REAL ESTATE

    1. Real property:

    This consist offreehold and/or leasehold

    interest in land.

    In addition to land real property includes anybuildings or structures attached to land.

    Buildings, roads, irrigation schemes , drainage

    systems that are constructed they become part

    of land (landed properties)

    Hence the term real property is used to signify

    land and landed properties as mentioned

    above means

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    REAL ESTATE (2)

    Estate:In context, the term is also used in reference to

    anestate in landor of a particular kind of

    property (such asreal estateorpersonal estate).

    An estate is time in land or land for time.

    Estates are interests in land by the owner which

    continues either indefinitely or fixed or

    determinable period. Estate entitles owner to

    enjoy the use of land.

    http://en.wikipedia.org/wiki/Estate_in_landhttp://en.wikipedia.org/wiki/Real_propertyhttp://en.wikipedia.org/wiki/Personal_propertyhttp://en.wikipedia.org/wiki/Personal_propertyhttp://en.wikipedia.org/wiki/Real_propertyhttp://en.wikipedia.org/wiki/Estate_in_land
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    REAL ESTATE (5)

    Interests:

    Interests in land are rights over someones

    land.

    Interests entitles someone else ( notnecessarily the owner ) to specific right

    over that land which may reduce the

    estate owner enjoyment of the land.

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    TYPES OF LEGAL ESTATES

    1Freehold estates: ( fee simple absolute

    possession)It is a legal estate that is nearest to true

    ownership that ordinary people can get. No onehas better rights on a piece of land than the

    owner of a freehold.

    Freehold estate last indefinitely, it can be sold,

    given away, split up, leased, inherited by will, itis in possession allowing the owner to remain on

    the land

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    TYPES OF LEGAL ESTATES

    2. Leasehold estate( terms of years

    absolute).The owner of a lease is just the estate owner as

    much as the freeholder except his estate islimited in time to fixed or determinable period

    (99 years for building purposes or 21-33 yrs for

    business premises)

    Leases are sometimes called tenancies if theperiods are short (weekly, monthly or yearlytenancy)

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    COMPONENTS OF REAL

    ESTATE (1)

    i). Legal concept of land.

    ii). improvements and fixtures

    a) Legal concept of landThe legal dimension of real estate is the right of

    ownership. The rights include the following,i) right to use the commodity

    ii) right to posses the commodity/propertyiii) right to exclude others from using the property

    iv) right to dispose it by selling or giving it as a gift etc.

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    COMPONENTS OF REAL

    ESTATE (2)

    a) Legal concept of land (cont)

    These rights pertain the physical and tangible aspects of

    the real estate ( land and on site improvements).

    When the ownership dimension of real estate is added ( by

    being identifiable by the system that exists), land andimprovements becomesreal property.( either freehold or

    leasehold)

    Co ownership:This is when the right of ownership is

    held by more than one entity , persons or companies are

    known as co-owners of the property. The principle forms of co-ownerships are; i) joint tenancy,

    ii) tenancy in common, iii) community property etc.

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    COMPONENTS OF REAL

    ESTATE (3)

    b) Improvements and Fixtures: The term improvements are used to denote buildings and

    structures on land such as fences, driveways retaining

    walls etc( or man-made additions)

    All type of permanent erected structures are calledimprovements on land.

    Improvement which tend to improve the land such as

    drainage, grading, filling or providing utilities such as

    water, sewage etc are calledimprovements to landas

    they make or change the land to some form of economic orpublic use

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    COMPONENTS OF REAL

    ESTATE (4)

    b) Improvements and Fixtures(cont) Improvements on land and improvements to land together

    they form what is referred ason- site improvements.

    Fixtures are personal properties such as fridges, washing

    machine, stove or kitchen units ; these are legally

    considered as real estate if they are attached to land or to

    an improvement which is permanently attached to land

    An example is when a homeowner wishing to sell the

    property with full equipped kitchen then all kitchen

    fixtures present are part of the real property.

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    CHARACTERISTICS OF REAL

    PROPERTY

    1.Physical Characteristics:

    Land and its improvement is immobile

    indestructible and not homogenous

    2. Economic Characteristics :

    Property is highly priced commodity;expensive

    Purchase generally requiresborrowed funds.

    Search and information gathering costs.Thepurchase /buyer will need to search for

    information which is scattered before making

    decision to buy.

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    CHARACTERISTICS OF REAL

    PROPERTY

    2. Economic Characteristics (cont)

    Scarcity of the commodity ( land & other

    properties)

    Location economics , aspect of its location mayaffects its value

    Quantity and Quality of surrounding

    structures/property may influence the value

    Fixity; investment in property is fixed it can notbe moved or changed easily and have a long

    physical and economic life.

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    REAL ESTATE BUSINESS

    Real Estate Business encompasses all individuals or

    organizations who receives compensation for providing

    a service

    It includes real estate agents, financial lenders;

    appraisers/valuers; developers, contractors, property

    managers, etc insurance agents

    The real estate business is composed of four (4) phases

    geared to production and disposing of real property as

    shown in exhibit 1.2.

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    REAL ESTATE BUSINESS (CONT)

    Real estate business is very large and it involve

    many people and organisations.

    Phase in Real estate businessPhase 1 Preparation

    Phase 2 Production

    Phase 3 Distribution

    Phase 4 Service

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    PLAYERS IN THE REAL STATE

    BUSINESS

    1. Real estate Agent

    An individual or organization licensed by state to

    enter into contractual relationship with the

    client for the purchase or sale of real estate in

    expectation of a commission.

    The requirements for one to act as an agent

    includes academic qualification , experience,

    recommendation from property owners references

    covering good character and high morals etc.

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    1. REAL ESTATE AGENT (CONT)

    1.1 Regulations:

    National or local boards or associations

    acts as parent, regulatory or tradeorganizations.

    The purpose of each body is to promotethe profession, express the view of its

    membership and to support code of ethics.

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    . REAL ESTATE AGENT (CONT )

    1.2 Services provided by an estate agent;

    i) Advertise the property in proper places to

    ensure that it receives maximum exposure

    ii) Screen all enquires to ensure property isdescribed properly to interested buyers.

    iii) Make suggestion for improvements that

    will make the property to be presented in the

    best condition

    iv) Show property to interested buyers

    v) Save buyer s time by showing only those

    properties that satisfy buyers needs.

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    REAL ESTATE AGENT (CONT )

    1.2 Services provided by an agent (cont);

    vi) Educate both the buyer & seller about the

    local market trends to ensure the property idoffered for sale at a reasonable price or the

    buyer make a reasonable offer

    vii) Provide transport to buyer to see the

    properties

    viii) Assist the buyer in locating /identifying

    sources of finance.

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    REAL ESTATE AGENT (CONT )

    1.3 Local Real Estate Agents:

    Richard Ellis

    Knight & Frank

    Willy Kathurima AssociatesPam Property and Assets Management

    Musta Properties

    Premier Properties etc

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    2. REAL ESTATE LENDERS

    Because real property is expensive there is a

    need for lenders to provide equity and debt funds

    to investors and borrowers who do not have

    sufficient cash to pay the full development or

    purchase price of the property .

    Equity funds comes from the assets of potential

    buyer ( pension funds or insurance companies

    while debt funds are supplied from assets of theothers( loans from financial institution such as

    banks)

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    2. REAL ESTATE LENDERS

    (CONT )

    Usually the buyer can not borrow 100% of

    property value. The buyer needs to have

    sufficient funds for down payment (to his/her

    show commitment) ussually it varies between

    10%-20% of the purchase price.

    2.1. Lenders:

    Botswana Building society (BBS) Financial

    institutions such as national Development Bank

    (NDB), BDC, CEDA, Commercial Banks etc .

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    2. REAL ESTATE LENDERS (CONT)

    2.1Services provided by a Lender;

    The lender offers services to the buyers or

    borrowers as followsi) Obtain borrowers credit records to ensure theborrower is a good credit risk and will not become over

    extended

    ii) Arrange for property to be valued to determine its

    value

    iii) Conduct employment verification to determine theborrowers employment and income.

    iv) Obtain e title deed from attorney ordering the deed

    and other legal necessary to transaction to take place.

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    3. APPRAISERS OR VALUERS

    They provide an independent estimate of the

    value of real property. S/he inspect the premises

    gather information on local market and trends

    and applies professional approach to determine

    the property value

    3.1 Services provided by Valuer:i) to help the buyer to determine the limit of the

    offering price.

    ii) Helps the seller to establish limit on the asking

    price for the property.

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    4.REGISTRAR OF DEEDS OR DEED

    ATTORNEY OR TITLE COMPANY

    Prepares an abstract containing the history of a

    real property in question. The history off all title

    transfers , all encumbrances against the

    property, including mortgage releases

    outstanding credits etc.The abstract gives the buyer and his/her attorney

    the facts to determine whether the seller is

    actually the true owner of the property .

    It also help to inform the buyer of anyoutstanding commitments and show whether

    any other parties have interest in the property

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    5. ATTORNEY

    Real estate attorney specialises in estate

    matters . His or her training includes among

    others property law and mortgages.

    5.1 Services provided to the clients (seller

    &buyer)

    Attorney writes contract of sale if the buyer

    requires assistance, give opinion about the

    validity of present owners rights for

    outstanding encumbrances , prepares the

    deed and any other necessary legal documents.

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    6. PROPERTY MANAGER

    Property manager specializes in

    management of real estate .

    Property as an investment is income

    producing asset hence a manager isneeded to collect rent , negotiate leases ,

    supervise maintenance , reduce expenses

    and advise the investor or property owner

    on mattes related to the investment

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    6. PROPERTY MANAGER (CONT)

    6.1Services provided by property Manager;

    i) Collection of rent

    ii) Letting out vacant units

    iii) Pays mortgage for the owneriv) Supervise maintenance

    v) Maintain financial records by providing the

    client with income and expense statement

    periodically

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    OTHER PLAYERS IN REAL ESTATE

    These includes developers. town planning

    authorities , surveyors , contractor, insurancecompanies etc. Individuals or firms in construction

    sector ( contractors , subcontractors, suppliers,

    labour market, utility companies are also involved.

    Unique feature of real estate transactions;A

    typical transaction involve several parties working

    together to ensure sale progresses smoothly

    The transaction takes considerable time to go

    through the process unlike when you buy an item ina supermarket or department store

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    QUESTIONS FOR DISCUSSION

    Q.1 Should the prospective buyer or seller always

    use the agent who is registered

    Q. 2 What are the merits of using a real estateagent?