AN ACT concerning Real Estate Brokers – Brokerage Services – Real Estate Wholesaling

HOUSE BILL 301

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By: Delegate Rosenberg
Introduced and read first time: January 25, 2023 Assigned to: Economic Matters

A BILL ENTITLED

AN ACT concerning

Real Estate Brokers – Brokerage Services – Real Estate Wholesaling

This is a bill that is being proposed in Maryland that would change the definition of "provide real estate brokerage services" to include engaging in the business of real estate wholesaling. This means that if the bill is passed, an individual who engages in real estate wholesaling would be required to be licensed as a real estate broker, associate real estate broker, or a real estate salesperson. The bill would also make changes to other sections of the law regarding the provision of real estate brokerage services. This bill is being introduced by Delegate Rosenberg and it is currently being assigned to the Economic Matters committee. If it passes, it will take effect on October 1st, 2023.

If this law were to be passed, it would require individuals who engage in the business of real estate wholesaling to be licensed as a real estate broker, associate real estate broker, or real estate salesperson. Therefore, if someone wants to get around this law, they would need to avoid engaging in the business of real estate wholesaling, or find a way to do so without being considered as providing real estate brokerage services as defined by the law. This could be done by not providing any of the services listed in 17-101(l) for consideration, or not doing so regularly in a business of dealing in real estate or leases or options on real estate or engaging in a business that subdivides land that is located in any state and sells the divided lots or serving as a consultant regarding any activity set forth in items (1) through (5) of this subsection. It is important to note that breaking the law would result in penalties, fines and possibly criminal charges.

It is possible that using different companies for different wholesale deals could potentially circumvent the law, as the language of the bill appears to focus on individuals engaging in the business of real estate wholesaling, rather than specific companies. However, it is important to note that each state has different laws and regulations regarding real estate and the use of multiple companies may not be allowed or may raise red flags with regulators. It would be best to consult with a licensed real estate attorney to understand the specific laws and regulations in your state and to determine whether or not using multiple companies would be a viable option.

Link to the bill: https://mgaleg.maryland.gov/2023RS/bills/hb/hb0301f.pdf?fbclid=IwAR3Pn1MPwqHpomT8g3hKyD9jDIj8bYhFN8RUQmBSMqjtbJwNGP1NhjiyOYE

"Staying Ahead of the Game: The Importance of Continuing Education for Real Estate Agents"

Real estate is a constantly evolving industry, and it is essential for agents to stay current with their training and education. Whether you're a seasoned veteran or just starting out in the business, ongoing training can help you stay ahead of the curve and be more successful in your career.

One of the most important reasons for continuing your education as a real estate agent is to stay up-to-date with the latest laws, regulations, and industry best practices. Real estate laws and regulations can change rapidly, and it is vital for agents to have a thorough understanding of these changes in order to provide the best service to their clients. Additionally, the real estate market is constantly shifting and evolving, so it is crucial for agents to stay informed about the latest trends and developments in order to make informed decisions for their clients.

Another important aspect of ongoing training is the ability to develop and improve your skills. As a real estate agent, you will be constantly interacting with clients, negotiating deals, and managing complex transactions. It is essential to stay sharp in these areas in order to provide the highest level of service to your clients and close more deals. Additionally, with the rise of technology and digital marketing, it is important for agents to stay current with the latest tools and strategies to effectively market properties and reach potential buyers.

Furthermore, continuing education can also help agents to stay competitive in the industry. The real estate market is highly competitive and agents who stay current with their training and education will have an edge over those who do not. Additionally, staying current with your education can also help you to maintain your license and stay in good standing with your state's real estate board.

In addition to the technical aspects of the job, ongoing training can also be beneficial for personal and professional growth. Real estate can be a challenging and demanding career, and it is important for agents to have the tools and resources to manage stress and maintain a healthy work-life balance. Training and education can provide agents with the knowledge and skills they need to handle difficult situations and maintain a positive attitude, even during challenging times.

In conclusion, continuing education is an essential aspect of being a successful real estate agent. Whether it’s staying current with the latest laws and regulations, developing and improving your skills, staying competitive in the industry, or personal and professional growth, ongoing training is vital for agents to be successful in their career. It is important for agents to take the initiative to seek out training opportunities and stay current with their education in order to provide the highest level of service to their clients and be successful in the industry.

Lease-To-Own Or Rent-To-Own

 A lease option, also known as a
lease-to-own or rent-to-own agreement, is a type of real estate transaction where a tenant rents a property with the option to purchase it at a later date.

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Under a lease option, the tenant pays a higher rent than they would under a traditional lease agreement.

A portion of the higher rent, called the option fee, is paid to the landlord as a non-refundable deposit.

The tenant also pays an option consideration, which is a premium that is applied to the purchase price of the home if the tenant decides to exercise the option to purchase.

The tenant has the right but not the obligation to purchase the property at a predetermined price and at a specific point in time, usually at the end of the lease period.

The tenant also agrees to take care of the property as if they were the owner during the lease period and to meet any other conditions specified in the lease agreement.

A lease option can be beneficial for a tenant who wants to purchase a property but is not yet in a position to do so.

They have an opportunity to live in the home and test it out before making a commitment to buy.

It can also be beneficial for a landlord or property owner, as they receive a higher rent and the option fee, and they may also be able to sell the property at a higher price.

It's important to note that in a lease option, if the tenant decides not to purchase the property, they will lose the option fee and the option consideration.

It's also important to review the legal documents and understand the terms and conditions before entering into any lease option agreement.

How Tax Sales Work

Tax sales are a process by which a government entity, usually a county or municipality, sells properties that have unpaid property taxes. The sale is conducted to collect the delinquent taxes and to transfer ownership of the property to a new owner who can pay the taxes and take responsibility for the property.

The process typically begins when the government entity sends a notice to the property owner informing them that their taxes are delinquent and that they have a certain period of time, usually several months, to pay the taxes or the property will be sold at a tax sale. If the taxes are not paid, the property is then put up for sale at a public auction.

The auction is usually conducted by a government official, such as a county treasurer, and is open to the public. Anyone can bid on the property, but the winning bidder must pay the delinquent taxes as well as any additional costs associated with the sale, such as auction fees. The winning bidder also assumes ownership of the property subject to any outstanding mortgages, liens, or other claims.

It's important to note that in some states and municipalities, there are "redemption periods" where the previous owner still have the right to reclaim the property by paying the delinquent taxes, interest, and penalty within a certain period of time, usually from a few months to a year, after the sale. This period can vary from state to state, so it's important to check the local laws and regulations.

Tax sales can be a great opportunity for investors and other buyers to acquire properties at a discounted price. However, it's important to be aware of the risks involved. It's important to conduct due diligence on the property and check for any outstanding mortgages, liens or other claims. It's also important to be familiar with the local laws and regulations governing tax sales.

In conclusion, Tax sales are a process by which a government entity sells properties that have unpaid property taxes. It can be an opportunity to acquire properties at a discounted price, but it's important to be aware of the risks involved, conduct due diligence on the property, and check for any outstanding mortgages, liens or other claims before participating in a tax sale.

Avoiding Foreclosure

 Some options to avoid foreclosure include:

• Refinancing the mortgage to lower the monthly payment
• Modifying the loan terms with the lender, such as extending the loan term or reducing the interest rate
• Selling the property to pay off the outstanding mortgage balance
• Renting out the property to generate income to cover the mortgage payments
• Negotiating a repayment plan or loan forbearance with the lender
• Filing for bankruptcy, which can temporarily stop the foreclosure process while you reorganize your finances.
• A short sale, where the lender agrees to accept less than the amount owed on the mortgage to facilitate the sale of the property
• A deed in lieu of foreclosure, where the homeowner voluntarily transfers the ownership of the property to the lender in exchange for the release from the mortgage debt
• A loan assumption, where another party assumes the outstanding mortgage debt and takes over the payments
• A cash for keys program, where the lender provides a cash incentive for the homeowner to move out of the property and turn over the keys to the lender
• A mortgage mediation program, where a neutral third party mediates between the homeowner and the lender to try and reach a resolution.

It's worth noting that some of these options may have a negative impact on the borrower's credit score, so it's important to weigh the pros and cons before deciding on a course of action.

How Investors Determine Their Offer

 The formula you provided (ARV * 70% - Repair Cost = MAO) is commonly used in real estate investing to determine the maximum allowable offer (MAO) for a property.

ARV stands for After Repair Value, which is an estimate of what the property will be worth after any necessary repairs or renovations have been completed. The 70% is typically used as a rule of thumb to determine the maximum offer, as it allows the investor to cover the cost of the repairs and still make a profit.

The formula works as follows:

1. Take the ARV and multiply it by 70% to get the maximum offer,
2. Subtract the cost of repairs from the maximum offer obtained in step 1,
3. The result will be the MAO, which is the highest amount the investor should offer for the property.

For example:

• If the ARV of a property is $200,000 and the estimated cost of repairs is $30,000, then: $200,000 * 70% = $140,000 (maximum offer) $140,000 - $30,000 = $110,000 (MAO)

It's important to note that this is just a general rule of thumb, and actual offers will vary depending on the specific market conditions and the investor's goals and strategy. Additionally, this formula does not take into account other expenses such as closing costs, holding costs, and realtor commission which can impact the final offer.

The probate process

 

Probate is the legal process of administering a deceased person's estate. It involves the distribution of assets and payment of debts and taxes. The process is typically overseen by a court and can be a complex and time-consuming process, but it is necessary in order to ensure that the deceased person's assets are distributed according to their wishes and in compliance with state laws.

The first step in the probate process is to determine if the deceased person left a valid will. If there is a will, it will be filed with the court and the named executor will be responsible for overseeing the probate process. If there is no will, the court will appoint an administrator to handle the estate.

Once the executor or administrator has been appointed, they will begin the process of identifying and valuing the deceased person's assets. This may include real estate, personal property, bank accounts, and investments. The executor or administrator will also be responsible for paying any outstanding debts and taxes.

One of the most important aspects of the probate process is giving notice to all interested parties. This includes any heirs or beneficiaries named in the will, as well as any creditors or potential creditors. All interested parties have a right to be notified of the probate proceedings and to object to any aspect of the process.

The probate process can be a lengthy one, and it can be complicated by disputes or disagreements among the heirs or beneficiaries. In some cases, it may be necessary to seek the assistance of a probate attorney to help navigate the process and resolve any issues that may arise.

Maryland House Pros offers a solution for individuals looking to sell their house during the probate process. We can assist in purchasing the property, and in many cases, there's no immediate need for an attorney. The Register of Wills often provides free guidance through the probate process. While an attorney might be necessary in cases of disputes, our streamlined process allows sellers to initiate the sale at MarylandHousePros.com. Explore your options with us during the probate process.

How To Survive A Declining Real Estate Market

 Hello real estate agents!

It's no secret that the real estate market goes through ups and downs. During a declining market, it can be tough to stay afloat and maintain a steady stream of business. However, with some strategic planning and a positive attitude, it is possible to not only survive but thrive during these challenging times.

Here are some tips for how to navigate a declining market as a real estate agent:

1. Diversify your services: In a declining market, it may be more challenging to sell properties at the price you want. Consider offering additional services such as rental management or consulting to generate additional income.

2. Expand your network: Building relationships with other professionals in the industry, such as mortgage brokers and home stagers, can help you find new leads and opportunities.

3. Stay up to date on market trends: Keeping an eye on market trends can help you better understand the current state of the market and adjust your strategies accordingly.

4. Be flexible and adaptable: A declining market can mean more competition for listings and buyers. Be open to negotiating and finding creative solutions to close deals.

5. Stay positive: It's easy to get discouraged during a declining market, but maintaining a positive attitude can help you stay motivated and attract clients who appreciate your optimism.

By following these tips, you can not only survive but thrive during a declining market. Remember to stay focused, be proactive, and keep an open mind to new opportunities.