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Frequently Asked Questions and Tips on Vacation Real Estate

1. What Are “Premium” Real Estate Services For Home Sellers?
2. The Five Key Technical Phases Of Home Selling
3. The MLS– How It Works
4. Realtor.Com™
5. Austinhomesearch.Com™
6. Negotiation Rules
7. Information About Brokerage Services
8. Notice Concerning This Firm
9. Fair Housing
10. About Negotiations

1. Premium Real Estate Services For Home Sellers

Our Company provides premium professional services and is a full service real estate company. We are not a discount or limited service broker. We do not charge you for “package add-on” fees. We do not charge minimum down payments or minimum fees, even if your house does not sell.

We are compensated only when your house sells. If it does not sell during our listing, no fee is owed to us.

Nevertheless, we will provide at our expense, all of the following: professional photographers and professional home staging assistance, and top real estate marketing and advertising technology and techniques.

We will answer your questions about real estate transactions, sales contracts, offers and counteroffers (and notices relating to them), title companies, mortgage companies, inspectors, appraisers, and how the home selling process works.

We will assist you in developing, communicating, considering and presenting offers and counteroffers (and notices relating to them).

We will accept and present to you all offers and counteroffers that buyers or their real estate agents may make and we will convey all information of which we have knowledge that may affect your decisions.

We will represent you honestly and fairly and negotiate the best possible transaction for you.



2. The Five Key Technical Phases Of Home Selling

The five key phases in a real estate transaction generally are: (1) the listing and pre-sale or pre-location preparation, (2) the actual advertising, marketing or locating, (3) the sales contract ( and its negotiation), (4) the inspection or due diligence period, and (5) the closing.

We will represent you honestly and fairly and negotiate the best possible transaction for you during all phases.

 

3. The MLS– How It Works:

The “MLS” stands for Multiple Listing Service. It is usually run in conjunction with a local Board of Realtors.

The MLS is an independent organization and makes its own rules and contracting policies. Our company ( and other Realtors™) must comply with the many rules of the MLS when they use and show homes on the MLS.

MLS is available to its members (such as seller’s Realtor’s ™ ) so they may list properties for sale to other members of the MLS. On the other hand, it is also available for buyer’s representatives who are Realtors™ so they may find homes and properties listed on the MLS for sale to buyers. Realtors™ pay annual fees and must meet certain professional requirements to belong.

The MLS requires: a) that a Seller’s Realtor™ state the amount of compensation or fee that will be offered to a cooperating Realtor (such as the Buyer’s agent) on sale of a home; and that b) an exclusive type of listing agreement be in place between our company and it clients.

This compensation (offered via the MLS to the Buyer’s Realtor or agent) is then usually paid by the Seller when the Buyer’s agent procures a ready, willing and able buyer from use of the MLS services; it is usually paid when the sale of the house takes place.

The above is a precondition to the listing of your home on the MLS – all members of the MLS service (such as our company) and other area Realtors™ must abide by this -- if they wish to place any home for sale on the MLS.

Bottom line, if your home is listed on the MLS through any Realtor, you should be prepared to offer compensation not only to your listing broker but also to the Realtor that finds a buyer for your home by use of the MLS services.

Our company is “up- front” about this and clearly advises that if we list your home on the MLS, you should be prepared to pay a fee to our company as the listing agent but also to the Realtor that finds a buyer for your home.



4. Realtor.Com™

www.Realtor.com™ is a Real Estate website operated by the National Association of Realtors. Empirical data show “featured home” or “showcased home” status on Realtor.com provides exposure to: (a) 550,000 hits in the Austin area monthly and that (b) Realtor.com can provide “first and second page” rankings on the major search engines such as Google, Yahoo, AOL, driving more hits to your featured home and (c) guaranteed hits in excess of 1000 per a single week on a home listed in particular areas (such as those area in which our company operates).

 

5. Austinhomesearch.Com™

www.AustinHomeSearch.com™ is Real Estate website covering the Austin area and is cross referenced to the Austin American Statesman newspaper real estate advertising section, and vice versa.



6. Negotiation Rules

Under prevailing Texas law, the Realtor™ for the buyer that delivers the offers and counteroffers is not permitted to discuss the specific terms and conditions of the offer or counteroffer with you, the seller and our company will relay all material and relevant information to you, the seller. Also, this procedure should facilitate the sale of your home as it will assist the buyer’s agent to comply with certain legal requirements as to how to conduct negotiations.


7. Information About Brokerage Services

Before working with a real estate broker, you should know that the duties of a broker depend on whom the broker represents. If you are a prospective seller or landlord (owner) or a prospective buyer or tenant (buyer), you should know that the broker who lists the property for sale or lease is the owner’s agent. A broker who acts as a subagent represents the owner in cooperation with the listing broker. A broker who acts as a buyer’s agent represents the buyer. A broker may act as an intermediary between the parties if the parties consent in writing. A broker can assist you in locating a property, preparing a contract or lease, or obtaining financing without representing you. A broker is obligated by law to treat you honestly.

IF THE BROKER REPRESENTS THE OWNER:

The broker becomes the owner’s agent by entering into an agreement with the owner, usually through a written listing agreement, or by agreeing to act as a subagent by accepting an offer of subagency from the listing broker. A subagent may work in a different real estate office. A listing broker or subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. The buyer should not tell the owner’s agent anything the buyer would not want the owner to know because an owner’s agent must disclose to the owner any material information known to the agent .

IF THE BROKER REPRESENTS THE BUYER:

The broker becomes the buyer’s agent by entering into an agreement to represent the buyer, usually through a written buyer representation agreement. A buyer’s agent can assist the owner but does not represent the owner and must place the interests of the buyer first. The owner should not tell a buyer’s agent anything the owner would not want the buyer to know because a buyer’s agent must disclose to the buyer any material information known to the agent.

IF THE BROKER ACTS AS AN INTERMEDIARY:


A broker may act as an intermediary between the parties if the broker complies with The Texas Real Estate License Act. The broker must obtain the written consent of each party to the transaction to act as an intermediary. The written consent must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker’s obligations as an intermediary. The broker is required to treat each party honestly and fairly and to comply with The Texas Real Estate License Act. A broker who acts as an intermediary in a transaction:

  • (1) shall treat all parties honestly;
  • (2) may not disclose that the owner will accept a price less than the asking price unless authorized in writing to do so by the owner;
  • (3) may not disclose that the buyer will pay a price greater than the price submitted in a written offer unless authorized in writing to do so by the buyer; and
  • (4) may not disclose any confidential information or any information that a party specifically instructs the broker in writing not to disclose unless authorized in writing to disclose the information or required to do so by The Texas Real Estate License Act or a court order or if the information materially relates to the condition of the property.



With the parties’ consent, a broker acting as an intermediary between the parties may appoint a person who is licensed under The Texas Real Estate License Act and associated with the broker to communicate with and carry out instructions of one party and another person who is licensed under that Act and associated with the broker to communicate with and carry out instructions of the other party.

If you choose to have a broker represent you, you should enter into a written agreement with the broker that clearly establishes the broker’s obligations and your obligations. The agreement should state how and by whom the broker will be paid. You have the right to choose the type of representation, if any, you wish to receive. Your payment of a fee to a broker does not necessarily establish that the broker represents you. If you have any questions regarding the duties and responsibilities of the broker, you should resolve those questions before proceeding.

Texas Real Estate Brokers and Salespersons are licensed and regulated by the Texas Real Estate Commission (TREC). If you have a question or complaint regarding a real estate licensee, you should contact TREC at P.O. Box 12188 , Austin , Texas 78711-2188 or 512-465-3960.




8. Notice Concerning This Firm

THIS FIRM IS

LICENSED AND REGULATED
BY THE
TEXAS REAL ESTATE
COMMISSION (TREC)
TREC ADMINISTERS TWO RECOVERY FUNDS WHICH MAY BE USED TO SATISFY JUDGMENTS AGAINST INSPECTORS AND REAL ESTATE LICENSEES INVOLVING A VIOLATION OF THE LAW. COMPLAINTS OR INQUIRIES SHOULD BE DIRECTED TO
TEXAS REAL ESTATE COMMISSION P.O. BOX 12188 AUSTIN , TEXAS 78711-2188

Texas Real Estate Brokers and Salespersons are licensed and regulated by the Texas Real Estate Commission (TREC). If you have a question or complaint regarding a real estate licensee, you should contact TREC at P.O. Box 12188, Austin, Texas 78711-2188 or 512-465-3960.



9. Fair Housing

U.S. Department of Housing and Urban Development

EQUAL HOUSING OPPORTUNITY

We Do Business in Accordance With the Federal Fair Housing Law

(The Fair Housing Amendments Act of 1988)

It Is Illegal To Discriminate Against Any Person Because Of
Race, Color, Religion, Sex, Handicap, Familial Status, Or National Origin.

Anyone who feels he or she has been discriminated against may file a complaint of housing discrimination:

  • In the sale or rental of housing or

  • In the provision of real estate residential lots brokerage services

  • In advertising the sale or rental

  • In the appraisal of housing of housing

  • In the financing of housing

  • Blockbusting is also illegal

1-800-669-9777 (Toll Free)

1-800-927-9275 (TDD)

U.S. Department of Housing and Urban Development Assistant Secretary for Fair Housing and Equal Opportunity Washington , D.C. 20410


10. About Negotiations

10. Some clients, for various reasons, may decide that they wish to have the negotiations and have the offers or counteroffers be handled primarily by themselves and to have these matters go directly to them. If this is the case in your situation, then we must, according to certain regulations, advise you as follows:

NOTICE CONCERNING NEGOTIATIONS: If you decide to or do instruct us at Gallery Real Estate LLC to not negotiate offers and counter-offers for you and you also tell us to inform other brokers to submit offers and counter-offers directly to you, then please take note of the following:

The other broker will represent the other party in the transaction and will not represent you. The other broker will advise his or her client of relevant information related to the negotiations including but not limited to relevant market data, contractual duties, and negotiating strategies.

The other broker will inform his or her client of any information the other broker received from you.

You may be placed at a disadvantage if the other party retains the assistance of a broker or an attorney during negotiations and you do not.

You should direct any questions about any offer, counter-offer, or any contractual obligation to your broker and not to the other broker. If you need assistance in preparing or responding to any offer, counter-offer, or notice or if you need assistance at any time through closing you should seek such assistance from us as your broker or from your independent attorney and not the other broker.

You should not rely on the other broker to coordinate the transaction, including but not limited to arranging for the completion of your obligations in the transaction and your performance under a contract. We as your broker are obligated under law to provide assistance to you during negotiations.

The amount you pay your broker is negotiable between you and your broker. The amount you pay your broker may depend on the type and amount of services your broker provides.

If you have any questions about the notice or receipt of this information please do not hesitate to contact us.