Property Management course 2020

Property manager in charge shall

Adequately supervise employees or associated licensee to ensure their compliance with this chapter; review and approve all forms of leases contact addendum; maintain adequate, reasonable and regular contact with associated licenses engaged in real estate

Associated Licensee may/ may not...

May not Receive compensation from an activity requiring a real estate license from an entity or a person other than the one for which the licensee is issued
May form a business entity allowing the licensee property manager In charge to pay fees or commiss

Property manager in charge office rules

Establish and maintain a specific office location which must be accessible by the public investigators and inspectors during reasonable business hours; may maintain one or more offices at different locations has to be in writing acknowledging duties respo

PMIC required to keep these documents and time length

5 years to keep and it included lease property management agreement. This can be maintained electronically but has to be kept off site in the cloud etc.

A licensee shall reveal license

In a personal transaction involving the purchase sale exchange rental lease or auction of real estate at first substantive contact with a consumer in advertising or marketing in any media

Trust funds received for personal real estate transaction

Be deposited into licensee personal trust account and may not be deposited in the real estate brokerage firm trust account unless the real property is managed listed or owed by the real estate brokerage firm

What is an Agent

one authorized and empowered by a written agency agreement to perform actions for a client

What is an Associated Licensee

Licensee affiliated with and under the supervision of a broker-in-charge or a property manger-in-charge

what is a client

a person who enters a written agreement establishing an agency relationship with a real estate brokerage firm through its broker-in-charge a property manager-in-charge or an associated licensee

Conversion

To use trust funds for a purpose other than the purpose for which they are held; is a breach of trust and is a crime by law.

Employer Identification Number

EIN; business identification number given by the IRS

Employee Withholding Allowance Certificate

W4; Employees fill out for Federal Withholding

Employment Eligibility Verification

I9; Lawfully able to work in the United States

Variable Cost Ratio

VCR usually express ratio to total rents and change according to the unity rented; VCR=variable costs/ annual income
EX. mangement fee maintenance expenses utility costs
if annual income is $140,000 and Variable cost is $28,000 then VCR is .20 or 20%

Break Even Analysis

Expenses equal income is the break even point
-Expenses higher than income is a deficit
-Epenses lower than income is a surplus
BE=FC/100%-VCR (BE=break even, FC= fixed costs, VCR=variable cost ratio)

Basic Files of Property Managers

At least 5:
-Leases; contains current leases and tenant information
-Correspondence; All communications with tenants
-WorkBids; service contracts etc
-Financial; usually retained 10 yrs budgets monthly expenses reciepts etc.
-Permanent Files; Deeds work d

Indirect Costs

incurred when a management dept shares facilities and expenses with other divisions of the parent company or real estate agency

Direct Costs

all costs incurred by an individual manager or management firm
ex. payroll depreciation of office furniture and equipment

Deferred Maintenance

maintenance lack of: Curable VS. Incurable, has to make economic sense

Routine Maintenace

done daily

Preventive Maintenance

done to avoid corrective maintenance

Corrective Maintenance

involves actual repairs

New Construction Maintenance

often performed at the request and expense of tenant

What is a Lease

Evidence of what you legally possess; what you possess is your estate

What is an Estate

the amount and type of interest a person has in a property
Not Tangible

What is a Leasehold Estate

Is of limited duration and is created when property manager or owner grants tenant the right to use the property in exchange for some form of consideration; has enforceable rights and duties for both parties

Freehold VS Non Freehold

Freehold Estate: you own property and can do whatever
NonFreehold: Someone else owns but you have right to use it

What is an Estate for Years

Leasehold that has a start and end date not terminated by death or sale of property

What is an estate period to period

Week to week month to month an autorenew unless either party gives notice; not terminated by death or sale of property

What is tenancy at will

similar to period to period continues as long as both parties wish to continue

What is tenancy at sufferance

tenant once had right to use property but remains on property after leasehold; also known as a holdover tenant

What is a gross lease

-straight lease
-typical residential lease tenant
-fixed amount
-owner pays all other expenses

What is a NET Lease and the variations

-typical industrial
-tenant pays some or all expenses including rent
-net lease double net lease and triple net leases the more nets the more expenses tenant pays

Percentage LEase

-Overage Lease
-Tenant pays rent and percentage of gross sales; rise in rent
-typically in retail property

Basic Elements of a Lease

-Complete and legal name signatures of both parties
-description of the property
-term of the lease
-consideration or amount of rent
-time and method of payment
-use of premises
-rights and obligations of both parties
-possession of the premises

Statue of Frauds

Prevents fraud or disputes over oral agreements; If contract is not in writing it is not legally enforceable; exception is a lease for a year or less that is oral is still legally enforceable

What are the Essential Elements of Contract

-Legal Capacity
-Mutual Accord
-Objectives of Lease
-Provide Valid Consideration; valuable or good consideration

What is a valid contract?

Has all essential elements and parties can be sued if contract is incomplete

What is a Void Contract

Missing at least 1 of the 4 essential elements

What is an Unenforceable Contract

Has all essential elements but not enforceable because it is not in writing

What is a Voidable Contract

Appears to be valid at face value but decided later by courts that it wasn't

What is a Step-Up-Clause

Landlord has the right to increase rent at some point in the future

Index Lease

-Primarily used for office space brokerage houses or financial institutions
-uses certain indexes of economic conditions
-consumer price index
-wholesale index

What is an Escalation Clause

Rental Rate Adjustments Tied to other factors other than economic factors; taxes utility rates operating costs
typically in office service firms etc.

What is a Reappraisal Lease

Set periods when property is reappraised and market rate is new rental payment

What is a Restrictive Clause

Restrictions on how leased property can/should be used within legal manners
wording must be clear and unambiguous

Eminate Domain

Govt. has right to take private property for public good

condemnation

equitable cancellation of lease due to eminate domain by govt

Assignment

All rights of a lease is transferred to a new tenant

Subletting

Some of rights are transferred to a new tenant

Quiet Enjoyment

right to use property for only legal purposes unless stated in lease as prohibited

Actual Eviction

Legal process of landlord eviction

Partial Eviction

Tenant not physically moved out but unable to use part or all of premises

Constructive Eviction

Tenant leaves due to failure to supply essential services; heat water or major defaults

Employer-Employee Relationship

Employee is directly responsible to the officers of the employer; common use in banks and large corporations that require managerial services of properties

Trust or Formal Fiduciary

1 person or institution transfers legal title of ownership of property to someone else to hold or manage

Principle-Agent Relationship

Contract Needed; agreement btw principal and agent where agent can act on behalf of owner

Universal Agent

Can do what the principal can do for self

General Agent

Works with prinicipal make decisions within parameters of contract

Limited Agent

Special Agent; works with principal until task complete; cant make decisions

Equation for Valuing Income Producing Properties

NOI/Capitalization Rate= Value of Property
-when cap. rate goes up value of property goes down and vice versa

Capitalization Rate

Set in market; % rate of return of investors

Equation to Annual Net Operating Income (NOI)

Income-Expenses=annual NOI

Define Business Cycle

Wavelike increase and decrease economic prosperity

What are the phases of business cycle

Expansion, Recession (Peak), Contraction, Revival (Trough)

Sales Comparison Approach

Value based on home in same area; usual single family homes

Cost Approach

Determine Value for unique properties

Income Approach

Valued by property ability to bring in income "capitalization approach

Goal of Property Manager

-Achieve the objectives of owner
-Generate income for owners
-Preserve/increase the value of investment property

what are the 4 types of real property

Residental, commercial, industrial, special-purpose

SC Vacation Rental Act does not cover

Hotels, motels, tourist camps, or campgrounds

what is a vacation rental

Lease of residential property for a period of fewer than 90 days

Rental homes must be equipped with
According to

Smoke detectors; NFPA national fire protection agency

How long does Property owner have to repair deficient smoke dectector

15 days

Electronic smoke detector

Newly constructed or remodling over 50% needs to be equipped with

What is a customer

a buyer, seller, landlord or tenant who uses the services of a real estate licensee but does not establish an agency relationship

The Department is referred to as _______.

Department of Labor licensing and regulation

Licensee

an individual currently licensed in SC Real Estate

Material Adverse Fact

-a condition or occurrence that is recognized as significantly and adversely affecting the value of real estate. significantly reducing the structural integrity of improvements to real estate
-information that indicates that a party to a transaction is no

Office

location where a property manage-in-charge is licensed to conduct a real estate business

What is a Property Manager

an associated licensee who has education requirements passes exam and will for a form of valuable consideration
-negotiates or attempts to negotiate rental or leasing of real estate or improvements of real estate
-lists or offers to list and provide a ser

What is a property manage-in-charge?

Person designated as having the responsibility over the actions of associated licenses and also the responsibility control over and liability for real estate trust accounts

What is real estate

lands building and other appurtenances including all interest in land whether corporeal, incorporeal freehold non freehold whether the real estate is within or outside of the boundaries of the state

Real Estate Brokerage

means the aspect of the real estate business that involves activities relative to property management or a real estate sale exchange purchase or lease

Real Estate Brokerage Firm

means real estate company engaged in the business of real estate brokerage

What is a subagent

agent of an agent

What is a Trust Account

A checking account holding other people's money

What is a trust fund

means funds received on behalf of another person by a licensee in the course of performing a real estate activity

Non-competing restrictions

Grant a tenant an exclusive right to operate without competition

Expansion Options

Usually guarantee that a tenant may lease additional adjacent space in a property after a certain time

Concessions

Benefit to the tenant because the owner agrees to less than the original terms in order to influence prospect to be a tenant

Anti-trust laws

Promote competition in an open marketplace; avoid "price-fixing

1866 Civil Rights Act

Made it illegal to discriminate based on race and color in the sale or rental of housing

Civil Rights Act of 1968

Fair Housing Act if 1968; Made it illegal to discriminate against protected classes when it comes to the sale or not rental housing

Jones v. Mayer Co.

1968 Supreme Court case that upheld 1866 Civil Rights Act

7 Protected Classes

race, color, religion, sex, handicap, familial status, national origin

ECOA (Equal Credit Opportunity Act)

1974 sex added as protected class and prohibits denying a person a loan because of protected class

Familia Status

Protection of children under 17 pregnant women family getting legal guardianship or adopting child under 18; added 1988

Exemptions to the Fair Housing Act

Owner occupied buildings with no more than four units
Single family housing sold or rented without the use of a real estate professional
Housing operated by orginizations and private clubs that limit occupancy to members
Housing for senior citizens

Blockbusting

Panic selling; encourage tenants to sell or rent by claiming entry of a protected class and it will have negative impact on property values

Steering

Channeling people to a certain location because they are in a protected class; telling prospects no vacancy when there really is; channeling location based on familia status

Redlining

Refusing to Write insurance or make loans because of a particular protected class lives there

Statue of Limitations

Federal law permits a complaint to be filled with HUD up to 1 year after the alleged violation;
180 days to file complaint after alleged incident in SC state law and filed with SC Human Affairs Commission

ADA Requires

Businesses or other facility open to the public to be accessible by the handicapped, also applies to private entities with facilities open to the public

Americans with Disabilities Act (Protections)

No person may be discriminated against on the basis of disability, requires any business or other facility open to public to be accessible by handicapped or

ADA Coverage

-applies to all private entities with facilities open to public as long as the operation of the facility affects commerce (title 3)
-applies to a management company employing 15 or more employees may not discriminate when hiring (title 1)

Fair Credit Reporting Act (FCRA)

1971, to ensure data contained in credit reports are correct and regulates consumer reporting agencies those who use credit reports and those who provide information to the consumer reporting agencies

Fair and Accurate Credit Transactions Act (FACT Act)

2003, allow consumers access to a free copy of credit reports once a year

Lead-based paint required disclosures

-disclose your tenant presence of any known lead based paint or hazards
-provide tenant with copies of any available records or reports pertaining to the presence of lead-based paint and hazards
-give tenant copy of EPA lead hazard information pamphlet

Copies of lead warning should be retained for

3 years from date of lease

Megan's Law

Requires that information about certain sex offenders be released to the general public

Cooperatives

A type of ownership; you purchase shares of stock not real estate
Uses a proprietary lease

Horizontal Property Acts

State laws that govern the building and development of condominiums

Declaration of Condominium

Outlines what each unit owner owns how much they have to pay yin regime fees and how the regime is set up; records knots at county court house

Condominium

Also apartments and can be office space;financial interest in property you own your unit

Apartment

Multi family housing; you can buy or rent described structure of building

PUD (Planned Unit Development)

Mixed uses in an area; entrance may have office

MUD (mixed use development)

Mixed uses in a vertical building

HUD (Housing and Urban Development)

Provides financial assistance to local housing authorities for low-income families

Absorption Rate

Helps determine if to build more office space in particular area

Basic Purpose of Insurance

To reduce loss caused by unforeseen misfortunes

Risk Management Theories

-Identify and measure the risks
-Avoid the risk; don't have
-Control the risk; rules and regulations
-Retain the risk; take on more liability
-Transferring the risk; purchase insurance

Insurable Insurance

No one can buy insurance on something or even someone unless that person has a reason to be involved with other entity or person

80% Coinsurance

Does not cover full value, you pay for what insurance doesn't cover

Workers' Compensation Insurance

Purpose is to protect employer when employee gets injured or sick on job. More than 4 employees then it's required

General/Employer Liability Insurance

Covers when something is not compensator under workman comp. or if person injured is not employee

Environmental Protection Agency (EPA)

Federal Agency that is most responsible for enforcing environmental protection laws

Comprehensive Environmental Response Compensation & Liability Act of 1980 (CERCLA)

Puts liability to damages to environment
This act makes anyone that touched property can be held responsible, Superfund

Superfunds Amendments and Reauthorization Act of 1968 (SARA)

Added more money for cleanup
If buyer does due diligence when they purchase property and they don't find environmental contamination; gov. won't hold them responsible if property found contaminated

Common Hazardous Substances

-Mold
-Radon
-Carbon Monoxide
-Asbestos
-Lead Based Paint

in absence of written lease agreement the tenant shall pay

fair market rental value for the use and occupancy of dwelling

If the landlord/tenant does not sign and deliver written rental agreement which has been signed and delivered by landlord/tenant the acceptance of rent means

it has same effect as if it was signed by landlord/tenant and if rental agreement is done in this manner it is only for a term of 1 year

if landlord deliberately uses a rental agreement with prohibited provisions the tenant may recover

actual damages an amount not to exceed the security deposit and reasonable attorney fees

if landlord maliciously uses rental agreement with prohibited provisions the tenant may recover

actual damages an amount not to exceed three months periodic rent and reasonable attorney fees

how many days after termination of tenancy does landlord have to return security deposit

30 days

when can landlord enter unit

any time in case of an emergency
between hours of 9am-6pm for routine services
between hours of 8am-8pm for the purpose of providing services requested by tenant

how many days after giving notice does landlord have to remedy a complaint

14 days

personal property belonging to a tenant removed from a premises as a result of an eviction and placed on a public street can only be removed after how long

48 hours

how long after unit found empty is it considered abandonment

15 days