Evaluating Buyer Responsibilities in As Is Purchases San Antonio, TX

Evaluating Buyer Responsibilities in As Is Purchases San Antonio, TX

Condominium

When it comes to "Evaluating Buyer Responsibilities in As Is Purchases" in San Antonio, TX, it is crucial for prospective buyers to understand the intricacies involved in such transactions. A straightforward transaction is often a key selling point cash for your house Real estate. Buying a property "as is" can be both a rewarding and challenging experience, depending on how prepared the buyer is to handle the responsibilities that come with it.


Firstly, an "as is" purchase means that the buyer agrees to accept the property in its current state, with all its existing faults and issues (if any). In San Antonio, as in many other places, this type of purchase can be attractive because it often comes with a lower price tag. However, buyers must be cautious and thorough in their evaluations because they are essentially waiving the right to request repairs or improvements from the seller.


One of the primary responsibilities for buyers in these transactions is to conduct a comprehensive inspection of the property. This step cannot be overstated. Hiring a professional inspector to assess the condition of the home can unearth potential problems that might not be visible to the untrained eye. Such inspections typically cover structural integrity, electrical systems, plumbing, (and) other critical components. If the inspection reveals significant issues, the buyer must decide whether they are willing and able to address these problems on their own.


In addition to the inspection, buyers should also research the property's history and the surrounding neighborhood. Understanding the context of the property can provide valuable insights into whether it is a sound investment. For instance, a history of frequent flooding or a high crime rate in the area might influence a buyer's decision.


Another responsibility that falls on the buyer is securing financing, which can sometimes be more challenging with "as is" properties. Lenders may be hesitant to finance homes that require significant repairs or have unresolved issues. Therefore, buyers should be prepared to present a solid case for why the property is a viable investment or be ready to explore alternative financing options, such as renovation loans.


Legal considerations also play a crucial role in "as is" purchases.

Evaluating Buyer Responsibilities in As Is Purchases San Antonio, TX - Condominium

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Buyers should carefully review the sales contract and understand the implications of the "as is" clause.

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Consulting with a real estate attorney might be prudent to ensure that all terms are clear and that there are no hidden liabilities. In Texas, sellers are required to disclose certain information about the property, but the onus is largely on the buyer to ask the right questions and perform due diligence.


In conclusion, evaluating buyer responsibilities in "as is" purchases in San Antonio, TX, involves a thorough understanding of the property's condition, financial implications, and legal obligations.

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Buyers who approach these transactions with diligence and caution can find themselves in possession of a valuable asset, but those who neglect these responsibilities may encounter unexpected difficulties. It is the careful and well-informed buyer who will ultimately reap the benefits of an "as is" purchase, turning potential pitfalls into opportunities.

 

Lawn signs advertising houses for sale

Real estate agents and real estate brokers are people who represent sellers or buyers of real estate or real property. While a broker may work independently, an agent usually works under a licensed broker to represent clients.[1] Brokers and agents are licensed by the state to negotiate sales agreements and manage the documentation required for closing real estate transactions.

Categories of representation

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A real estate broker typically receives a real estate commission for successfully completing a sale. Across the U.S, this commission can generally range between 5-6% of the property's sale price for a full-service broker but this percentage varies by state and even region.[2]

Real estate licensing and education

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In most jurisdictions in the United States, a person must have a license to perform licensed activities, and these activities are defined within the statutes of each state. The main feature of the requirement for having a license to perform those activities is the work done "for compensation". Hence, hypothetically, if a person wants to help a friend out in either selling or buying a property, and no compensation of any kind is expected in return, then a license is not needed to perform all the work. However, since most people would expect to be compensated for their efforts and skills, a license would be required by law before a person may receive remuneration for services rendered as a real estate broker or agent. Unlicensed activity is illegal and the state real estate commission has the authority to fine people who are acting as real estate licensees, but buyers and sellers acting as principals in the sale or purchase of real estate are usually not required to be licensed. It is important to note that in some states, lawyers handle real estate sales for compensation without being licensed as brokers or agents. However, even lawyers can only perform real estate activities that are incidental to their original work as a lawyer. It cannot be the case that a lawyer can become a seller's selling agent if that is all the service that is being requested by the client. Lawyers would still need to be licensed as a broker if they wish to perform licensed activities. Nevertheless, lawyers do get a break in the minimum education requirements (for example, 90 hours in Illinois).[3]

Some other states have recently eliminated the salesperson's license, instead, all licensees in those states automatically earn their broker's license.

The term "agent" is not to be confused with salesperson or broker. An agent is simply a licensee that has entered into an agency relationship with a client. A broker can also be an agent for a client. It is commonly the firm that has the actual legal relationship with the client through one of their sales staff, be they salespersons or brokers.

In all states, the real estate licensee must disclose to prospective buyers and sellers the nature of their relationship [4]

Specific representation laws

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Some U.S. state real estate commissions – notably Florida's[5] after 1992 (and extended in 2003) and Colorado's[6] after 1994 (with changes in 2003) created the option of having no agency or fiduciary relationship between brokers and sellers or buyers.

As noted by the South Broward Board of Realtors, Inc. in a letter to State of Florida legislative committees:

"The Transaction Broker crafts a transaction by bringing a willing buyer and a willing seller together and provides the legal documentation of the details of the legal agreement between the same. The Transaction Broker is not a fiduciary of any party, but must abide by the law as well as professional and ethical standards." (such as NAR Code of Ethics).

The result was that, in 2003, Florida created a system where the default brokerage relationship had "all licensees ... operating as transaction brokers, unless a single agent or no brokerage relationship is established, in writing, with the customer"[7][8] and the statute required written disclosure of the transaction brokerage relationship to the buyer or seller customer only through July 1, 2008.

In the case of both Florida[8] and Colorado,[6] dual agency and sub-agency (where both listing and selling agents represent the seller) no longer exist.

Other brokers and agents may focus on representing buyers or tenants in a real estate transaction. However, licensing as a broker or salesperson authorizes the licensee to legally represent parties on either side of a transaction and providing the necessary documentation for the legal transfer of real property. This business decision is for the licensee to decide. They are fines for people acting as real estate agents when not licensed by the state.

In the United Kingdom, an estate agent is a person or business entity whose business is to market real estate on behalf of clients. There are significant differences between the actions, powers, obligations, and liabilities of brokers and estate agents in each country, as different countries take markedly different approaches to the marketing and selling of real property.

The difference between salespersons and brokers

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Before the Multiple Listing Service (MLS) was introduced in 1967, when brokers (and their licensees) only represented sellers by providing a service to provide legal documentation on the transfer real property, the term "real estate salesperson" may have been more appropriate than it is today, given the various ways that brokers and licensees now help buyers through the legal process of transferring real property. Legally, however, the term "salesperson" is still used in many states to describe a real estate licensee.[citation needed]

Real estate broker (or, in some states, qualifying broker)

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After gaining some years of experience in real estate sales, a salesperson may decide to become licensed as a real estate broker (or Principal/qualifying broker) in order to own, manage, or operate their own brokerage. In addition, some states allow college graduates to apply for a broker's license without years of experience. College graduates fall into this category once they have completed the state-required courses as well. California allows licensed attorneys to become brokers upon passing the broker exam without having to take the requisite courses required of an agent. Commonly more coursework and a broker's state exam on real estate law must be passed. Upon obtaining a broker's license, a real estate agent may continue to work for another broker in a similar capacity as before (often referred to as a broker associate or associate broker) or take charge of their own brokerage and hire other salespersons (or broker licensees). Becoming a branch office manager may or may not require a broker's license. Some states allow licensed attorneys to become real estate brokers without taking any exam. In some states, there are no "salespeople" as all licensees are brokers.[9]

Types of services that a broker can provide

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Real Estate Services are also called trading services [10]

Real estate brokers and sellers

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Flat-fee real estate agents

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Flat-fee real estate agents charge a seller of a property a flat fee, $500 for example,[11] as opposed to a traditional or full-service real estate agent who charges a percentage of the sale price. In exchange, the seller's property will appear in the multiple listing service (MLS), but the seller will represent him or herself when showing the property and negotiating a sales price.[11] The result is the seller pays less commission overall (roughly half) when the property sells.[11] This is because a seller will pay a percentage of the sales price to a buyer's agent but not have to pay a percentage to a seller's agent (because there isn't one; the seller is representing himself).

Brokerage commissions

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In consideration of the brokerage successfully finding a buyer for the property, a broker anticipates receiving a commission for the services the brokerage has provided. Usually, the payment of a commission to the brokerage is contingent upon finding a buyer for the real estate, the successful negotiation of a purchase contract between the buyer and seller, or the settlement of the transaction and the exchange of money between buyer and seller. Under common law, a real estate broker is eligible to receive their commission, regardless of whether the sale actually takes place, once they secure a buyer who is ready, willing, and able to purchase the dwelling.[12]

Economist Steven D. Levitt famously argued in his 2005 book Freakonomics that real estate brokers have an inherent conflict of interest with the sellers they represent because their commission gives them more motivation to sell quickly than to sell at a higher price. Levitt supported his argument with a study finding brokers tend to put their own houses on the market for longer and receive higher prices for them compared to when working for their clients. He concluded that broker commissions will reduce in future.[13] A 2008 study by other economists found that when comparing brokerage without listing services, brokerage significantly reduced the average sale price.[14]

RESPA

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Real estate brokers who work with lenders can not receive any compensation from the lender for referring a residential client to a specific lender. To do so would be a violation of a United States federal law known as the Real Estate Settlement Procedures Act (RESPA). RESPA ensures that buyers and sellers are given adequate notice of the Real Estate settlement process.[15]

Realtor

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In the United States, the term realtor is trademarked by the National Association of Realtors, which uses it to refer to its active members, who may be real estate agents or brokers.[16][17][18] In Canada, the trademark is used by members of the Canadian Real Estate Association.[19] Both organizations advise against the use of realtor as a generic synonym for real estate agent.[19]

Continuing education

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States issue licenses for an annual or multi-year period and require real estate agents and brokers to complete continuing education prior to renewing their licenses. For example, California licensees must complete 45 hours of continuing education every 4 years in topics such as agency, trust fund handling, consumer protection, fair housing, ethics, and risk management.[20]

Organizations

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Several notable groups exist to promote the real estate industry and to assist professionals.

  • The National Association of Realtors (NAR)
    • The Realtor Political Action Committee (RPAC) is the lobbying arm of the NAR.
  • The National Association of Real Estate Brokers (NAREB)
  • The Real Estate Institute of Canada (REIC)[21][22]
  • The Real Estate Roundtable[23]

Notable agents and brokers

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  • Alice Mason[24]

See also

[edit]
  • Buyer brokerage
  • Closing (real estate)
  • Estate (land)
  • Exclusive buyer agent
  • Flat-fee MLS
  • Home inspection
  • Index of real estate articles
  • Investment rating for real estate
  • Listing contract
  • Mortgage broker
  • Property manager
  • Real estate contract
  • Real estate development
  • Real estate investing
  • Real estate settlement company
  • Strata management

References

[edit]
  1. ^ "Real Estate Professionals Explained: Agent, Broker, REALTOR". Real Estate News and Advice | Realtor.com. 2014-03-10. Retrieved 2018-12-27.
  2. ^ "How Much Is Real Estate Agent Commission?". Bankrate. Retrieved 2018-12-20.
  3. ^ "FAQs". www.illinoisrealtors.org. Illinois Realtors. Retrieved August 16, 2018.
  4. ^ "Realtor Code of Ethics - Disclosure" (PDF). Real Estate Association Standards of Business Practice.
  5. ^ "Statutes & Constitution :View Statutes : Online Sunshine". Leg.state.fl.us. Retrieved 2014-02-10.
  6. ^ a b "Outline of types of representation available in Colorado, including Transaction Brokerage" (PDF). Dora.state.co.us. Retrieved 2014-02-10.
  7. ^ Evans, Blanche (2 July 2003). "Florida Implements Default Transactikn Brokerage Statute". realtytimes.com/. Realty Times. Retrieved 2 February 2014.
  8. ^ a b The 2007 Florida Statutes. Chapter 475 Real Estate Brokers — Part I; Real Estate Brokers, Sales Associates, and Schools (ss. 475.001-475.5018), Section 475.278 Authorized brokerage relationships; presumption of transaction brokerage; required disclosures (1) Brokerage Relationships: (a) Authorized brokerage relationships. — A real estate licensee in this state may enter into a brokerage relationship as either a transaction broker or as a single agent with potential buyers and sellers. A real estate licensee may not operate as a disclosed or non-disclosed dual agent ... (b)Presumption of transaction brokerage. — It shall be presumed that all licensees are operating as transaction brokers unless a single agent or no brokerage relationship is established, in writing, with a customer."
  9. ^ "Real Estate Broker's License: Examination and Licensing Application Requirements". New Mexico Administrative Code. State of New Mexico Commission of Public Records. 21 January 2021.
  10. ^ "Real Estate Laws Website". BC Real Estate Laws - Pat 1 Trading Services.
  11. ^ a b c Quigley, John M. (2000). "A Decent Home: Housing Policy in Perspective". Brookings-Wharton Papers on Urban Affairs. 2000 (1): 53–88. CiteSeerX 10.1.1.369.6806. doi:10.1353/urb.2000.0011. ISSN 1533-4449. S2CID 154714417.
  12. ^ "Getting a Brokerage Commission Paid | New York Law Journal".
  13. ^ Daniel Gross (20 February 2005). "Why a Real Estate Agent May Skip the Extra Mile". The New York Times. Archived from the original on 29 May 2015.
  14. ^ B. Douglas Bernheim; Jonathan Meer (13 January 2012). "Do Real Estate Brokers Add Value When Listing Services Are Unbundled?". The National Bureau of Economic Research. Working Paper Series. doi:10.3386/w13796. Retrieved 3 September 2016.
  15. ^ "CFPB consumer laws and regulations RESPA" (PDF). Consumer Financial Protection Bureau. Retrieved 13 October 2021.
  16. ^ Buch, Clarissa (20 April 2023). "What Is a Realtor? A Member of the National Association of Realtors". Realtor.com. National Association of Realtors. Retrieved 17 June 2023.
  17. ^ "Understanding the Difference Between a Realtor and a Real Estate Agent". The CE Shop. Retrieved 19 June 2023.
  18. ^ Colestock, Stephanie (August 13, 2021). "Realtor vs. real estate agent: What's the difference?". Fox Business. Retrieved 20 June 2023.
  19. ^ a b "Using the REALTOR® Trademark in Advertisements - CREA". 12 November 2020.
  20. ^ "Continuing Education Requirements". Ca.gov. California Department of Real Estate. Retrieved 26 June 2023.
  21. ^ "Professional Recognition of our Programs". Real Estate Division at Sauder, UBC. January 8, 2019.
  22. ^ "Real Estate Institute of Canada (REIC)". Thomson Reuters Canada Limited. Retrieved 8 January 2019.
  23. ^ "Lobbying Spending Database: National Assn of Realtors : 2007". Retrieved 2008-10-25.
  24. ^ Kodé, Anna (10 November 2024). "A Real Estate Queen and the Secret She Couldn't Keep Hidden". New York Times.
[edit]
  • Media related to Real estate agents at Wikimedia Commons

 

Instant buyer (or iBuyer) is a real estate transaction model wherein companies purchase residential properties directly from private sellers, to eventually re-sell them.[1][2]

Background

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The term ‘instant’ refers to the fact that this type of business aims to provide a faster cash offer on a property than traditional real estate brokers. Valuation of the property takes place online and is an instantaneous or near-instantaneous process which makes use of machine learning and AI technologies.[2][3][4] Examples of companies using the iBuyer model include Opendoor, Zillow Offers, ibuyhomes.com and RedfinNow.[1][5][6][7] The term iBuyer was coined by Stephen Kim, an equity research analyst at Evercore ISI on May 29, 2017 in a report to clients titled "The Rise of the iBuyer".[8]

The iBuyer process

[edit]

iBuyer companies use computer-generated analysis of market data, information supplied by sellers, and in some cases input from local real estate agents, to make instant cash offers on residential properties.[9][10] Individuals wishing to sell their house are asked to enter basic information about the property on a company’s website. In a process largely driven by machine learning and automated data analysis, the property’s approximate value is determined and an initial offer is made.[1][3][4] If the offer is accepted by the seller, the company arranges an inspection of the property to ensure that the data supplied is concomitant with the actual condition of the building. From a seller’s perspective, the process of selling his or her property can take under two weeks.[2][6]

Once an iBuyer company has purchased a property, it arranges for any necessary repairs or modifications to be carried out in the building. The property is then re-sold.[4][10]

Businesses operating under the iBuyer transaction model make their profit on the fees incurred on the seller, which are typically marginally higher (1-4%) than those charged by traditional real estate companies.[1][11] From an Instant buyer company’s perspective, the higher fees cover the investment risk involved in holding the property for a potentially long period of time.[12] For a seller, the fees are paid in exchange for a much faster property-selling process than with a traditional real estate model and for avoiding the need to make repairs and improvements to the property prior to selling.[1][11]

References

[edit]
  1. ^ a b c d e Gores, Paul (October 25, 2019). "iBuyers use technology to take the time and hassle out of home selling. And they could be in Milwaukee soon". Milwaukee Journal Sentinel. Retrieved 2019-11-07.
  2. ^ a b c Njus, Elliot (2019-06-14). "A slew of big real estate companies might soon be fighting to buy your house". Oregon Live. Retrieved 2019-11-07.
  3. ^ a b Lerner, Michele (February 12, 2019). "Two new online services are like Priceline.com for home sellers". Washington Post. Retrieved 2019-11-07.
  4. ^ a b c Coile, Jon (October 7, 2019). "Perspective | For sellers in a hurry, iBuyers online service offers a new option". Washington Post. Retrieved 2019-11-07.
  5. ^ "Real estate fintech platform Immo Investment Technologies raises €11M Series A". TechCrunch. Retrieved 2019-11-07.
  6. ^ a b Andrews, Jeff (April 12, 2019). "These startups make selling your house as easy as possible". Curbed. Retrieved 2019-11-07.
  7. ^ "Dependable Homebuyers". Thursday, 20 May 2021
  8. ^ Wiggin, Teke (June 5, 2017). "Instant offer firms may boost home sales, reduce commissions". Inman. Retrieved 2021-10-30.
  9. ^ Schuetz, R. A. (2019-10-02). "Home iBuyers making it good to be a seller". Houston Chronicle. Retrieved 2019-11-07.
  10. ^ a b Wake, John (September 1, 2019). "The Surprising Way Real Estate Agents Are Adapting To "iBuyers" Buying Houses Directly From Sellers". Forbes. Retrieved 2019-11-07.
  11. ^ a b Clothier, Kent. "Real Estate Is Experiencing A Tech Renaissance, But Is It At The Expense Of The Homeowner?". Forbes. Retrieved 2019-11-07.
  12. ^ Blakey, Katy (26 October 2019). "New Option for Homeowners Looking to Sell". NBC 5 Dallas-Fort Worth. Retrieved 2019-11-07.

Reviews for


Matt Bigach

(5)

Danny has been great to work with. He and his team can help you sell your house fast in San Antonio without all the hassles of listing. He makes the home selling process so much easier than going through a real estate agent. Call Danny and his team today! You won't regret it.

William Porter

(5)

I have been working with Danny for a very long time (close to 15 years) . On every transaction that we have done, he is professional, quick and proficient. He is also very patience and thoughtful to the owners concerns and needs. I would definitely recommend him to anyone looking to sell a home. You will not be s disappointed!

Marc Afzal

(5)

I can’t say enough great things about my experience with Danny Buys Houses! From start to finish, the process was seamless and stress-free. Danny and his team were professional, transparent, and incredibly helpful every step of the way. I needed to sell my house quickly, and they delivered exactly what they promised—a fair cash offer and a quick closing process. There were no hidden fees, no need for repairs, and no hassles at all. They made what could have been a stressful situation so much easier, and I’m so grateful for their expertise and kindness. If you’re looking for a reliable, trustworthy, and efficient solution to sell your home, I highly recommend Danny Buys Houses! Thank you, Danny, for going above and beyond!

Kay Barnes

(5)

I had a fantastic experience working with Danny Buys Houses in San Antonio, Texas! From start to finish, the process was smooth, transparent, and stress-free. Danny and his team were professional, honest, and extremely knowledgeable about the local real estate market. If you're looking to sell your house fast in San Antonio, TX, I highly recommend Danny Buys Houses. They made what could have been a complicated process feel simple and straightforward. Whether you’re dealing with foreclosure, an inherited property, or just need a fast home sale, this team is the real deal. I would definitely work with them again in the future!

Jessica Middleton

(5)

If you're looking to sell your house fast, definitely call Danny. He and his team make the entire process seamless and stress-free. He is local, credible, and has 20+ years of experience! Keep up the awesome work, Danny!

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Reviews for Danny Buys Houses


William Porter

(5)

I have been working with Danny for a very long time (close to 15 years) . On every transaction that we have done, he is professional, quick and proficient. He is also very patience and thoughtful to the owners concerns and needs. I would definitely recommend him to anyone looking to sell a home. You will not be s disappointed!

Kay Barnes

(5)

I had a fantastic experience working with Danny Buys Houses in San Antonio, Texas! From start to finish, the process was smooth, transparent, and stress-free. Danny and his team were professional, honest, and extremely knowledgeable about the local real estate market. If you're looking to sell your house fast in San Antonio, TX, I highly recommend Danny Buys Houses. They made what could have been a complicated process feel simple and straightforward. Whether you’re dealing with foreclosure, an inherited property, or just need a fast home sale, this team is the real deal. I would definitely work with them again in the future!

Jessica Middleton

(5)

If you're looking to sell your house fast, definitely call Danny. He and his team make the entire process seamless and stress-free. He is local, credible, and has 20+ years of experience! Keep up the awesome work, Danny!

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Frequently Asked Questions

Buying a property as is means the buyer agrees to purchase the home in its current condition without requiring the seller to make repairs or improvements. The buyer assumes responsibility for any defects or issues found after closing.
While not legally required, it is highly recommended that cash home buyers conduct thorough inspections of an as is property. This helps identify potential problems and assess repair costs before finalizing the purchase.
Yes, you can use inspection findings as leverage to negotiate a lower price. However, sellers may be less inclined to agree since they have already indicated a preference not to perform repairs by listing it as is.
As a cash buyer, your primary financial obligations include paying the agreed purchase price at closing without financing contingencies, covering closing costs, and budgeting for any immediate repairs needed post-purchase.
In Texas, sellers must still disclose known material defects even in an “as-is” sale. However, once disclosed or if unknown issues arise later, buyers have limited recourse against sellers for undiscovered problems after purchase.