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Realty Vs Real Estate Vs Real Property
Keeping all of the different agreements and contracts present in the world of real estate straight can be tough, especially since so many of them seem to do similar things as other already existing contracts. A real estate license agreement is used by a land owner who is looking to license a piece of land to another party for use. Such examples would be a university licensing a piece of land to a company to build retail space on or to a company to rent out a retail space for a set period of time. A university could also use a license agreement to rent out land or buildings to a fraternity or any other outside party. Let's break down one of these real estate license agreements and see how they work.
Compared to other real estate forms and agreements, a real estate license agreement usually runs about ten pages and is considered a fairly lengthy legal document. Just like most contracts, a real estate license agreement starts by defining the parties involved in the legal agreement and the address of the property that is being licensed. This section will be followed by several "Whereas" definitions that lay out who owns what, who is in what position relative to each other and any other legal jargon that needs to be ironed out for the rest of the contract to make sense.
In the next section, the group that is giving the license will outline everything they expect from the lessee in terms of what they can do with the property, how they can use it, what the limitations are and what happens if they violate the terms of the lease. While we are dealing with real estate license agreements, you may come across similar agreements if you're a sports fan looking to buy season tickets as many sports teams now use personal seat licenses, or licenses for suite rentals at arenas and stadiums.
The rules sections of most real estate license agreements start by defining the term of the lease then move on to officially declaring that the current lease holder is giving control of the property to the lessee. The following sections tend to be lengthy and are very important to the meat of the contract. The renting party will spell out all of the rules and regulations you must abide by during your license agreement. Most of them are common sense, but some companies have been famous for inserting unreasonable clauses into the rules section which, if signed, are legally binding.
The next part of the contract talks about any responsibilities the outside party has in the way of repairs and maintenance, while the following section will talk about the rights the owning party has when it comes to visiting the property and inspecting it.
Every real estate license agreement has a clause or two about new additions or changes the renting party can make on the property, as well.
As you can see, the average real estate license agreement can be a bit complicated, so if you aren't familiar with how they work, get some advice before you put your pen to paper.
The Origins of the Six Percent Real Estate Agent Commission
Real estate has several unique characteristics that affect its value. There are economic characteristics and physical characteristics. Real estate is a product to be purchased but it is different from anything else due to the characteristics that will be discussed here.
The economic characteristics that influence value are scarcity, improvements, permanence and area preference. Scarcity is simply demonstrated in the saying, "They aren't making any more." The supply of land has a ceiling and cannot be produced more than what exists today. This value of this supply however, is influenced by other characteristics.
Improvements, such as buildings on one parcel of land may have an effect on the value of neighboring parcels or the entire community. If a large company builds in a certain depressed neighborhood, the value of living their will probably increase because of the introduction of jobs. This value would impact on neighboring communities, thus increasing value in some ways to the real estate in these areas.
Permanence has to do with the infrastructure. As buildings, houses or other structures are demolished, the infrastructure, such as sewers, drainage, electricity, and water remain intact. Permanence effects real estate, or the type of infrastructure. If you buy a piece of land in an area with no utilities, drainage or paved streets, it will most likely be worth less than a parcel of land that has this infrastructure intact and developed.
Area preference refers to the choices of the people in any given area. This is usually referred to by most people when they talk about real estate as, "location, location, location." The location of a preferred area, for whatever reasons, is what makes values of homes higher. Conversely, the location of a nonpreferred area, for whatever reason, is what makes the values of homes less. 8000 square foot brand new homes on the coast of Long Island's, East Hampton will be worth much more due to their area preference, over an area with 1200 square foot starter homes in the middle of Long Island, located next to a garbage dump.
The physical characteristics of land represent its indestructible nature, immobility and nonhomogeneity. Working backwards, we'll start with nonhomogeneity. This simply points out that no two parcels are the same. Two pieces of land may be very similar, but every single parcel is different geographically because each parcel is located in a different spot. This includes two lots right next to each other. It is important to remember that parcels are created by subdividing land, so as one large parcel of 20 acres is subdivided, each individual lot becomes its own separate piece of land.
Land cannot be moved, therefore it is immobile. Even when soil is torn from the ground, the part of the Earth's surface will always remain. It is important here to note how this physical characteristic affects real estate law and markets. Immobility of land is the reason why real estate laws and markets are local in nature.
The indestructibility of land simply means that it is durable and cannot be destroyed. It can be damaged by storms and other disasters, but it remains and weathers the changing times and will always be there. This is a main reason why land is talked about as being a sound investment.
So the basic characteristics of real estate include scarcity, improvements to the land, permanence, area preference, nonhomogeneity, indestructibility and immobility. Please note there is a big difference between land and real estate. Land is the the part of the earths surface, subsurface and air above it. Real estate is anything that becomes attached to land. So when you're looking for investments, it is important to note the infrastructure of the area, the surrounding neighborhood and the preferences of the area or...location, location, location!
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