Define These Business Opportunities Flashcards

787 cards   |   Total Attempts: 188
  

Cards In This Set

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  • Does a real estate licensee have the authority to sell business opportunities?
Yes - sale or lease of business and goodwill; includes the business's stock, trade fixtures, and trade name, as well as a non-competition agreement and lease assignment
If real property is involved in the sale, the agent usually treats the sale of the business and sale of the land/building as ____________________
two separate and concurrent transactions with two concurrent and contingent escrows.
The essential elements of a business opportunity sale are as follows:
1. A bill of sale, 2. Financial Statements (balance sheet & profit and loss statement)
A Bulk transfer is
transfer of a major portion of a business's inventory that is NOT sold to CUSTOMERS. the buyer must give public notice 12 business days before the transfer occurs(Notice of intent to sell bulk) published in general circulation newspaper, intent to let sellers creditors file a claim
If Bulk sale rules not followed
Sale is valid but VOID against creditors so they may attach inventory for debt
The expectation of continued public patronage is
Goodwill
Number of times inventory is sold per year is
Turnover
One who preserves the value of an investment property while generating income as an agent for the owners
Property Manager
How is a property manager normally compensated?
Usually, a property management firm is paid by a percentage of the rents collected(more rental units as low as 1%, higher end resorts to 25%)but can be paid by percentage of income, salary, or fee.
The Property Management Escrow account is for
Security deposits
The Property Management Account is for
Current rent and management
A contract provision permitting an adjustment of certain payments either up or down to cover certain contingencies. designed to protect the lessor's investment position against a reduction in the rate of return over the term of the lease by increasing the yield during periods of inflation
Escalator Clause
Functions of a Property Manager (7)
  1. Budgeting Expenses
  2. Renting the Property
  3. Maintaining Good Relations with the Tenants
  4. Maintaining the Property
  5. Handling Environmental Concerns
  6. Adjusting rates
  7. Showing units
Property Manager's first responsibility
To realize the: Maximum Profit on the property that is consistent with the owner's instructions.
The Property Manager has a
Fiduciary Responsibility to the Owner