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The laws of Real Estate Agency San Jose, in a property transaction, define the legal relationship among real estate agents and their customers. Each state has its own law governing the relationships that real estate agents have with their customers and the duties that they must make to their customers. These duties vary from state to state.
Real estate agents must complete an education and licensing process to become licensed. These processes usually include coursework, seminars, training and/or an examination.
Real estate agents must keep the records necessary for a real-estate transaction. They are required by law to keep the title report, deed report, mortgage and insurance reports and related documents. These records must be up to date and current.
Real estate agencies must be registered in the state where the property being sold is located. Once registered, real estate agents must maintain an active register of all real properties they manage. In addition to this register, each state requires real estate agents to maintain a separate register for each property under their management.
Real estate agents who deal with the sale of mortgages must meet certain standards. The most common requirement is that the mortgage broker is registered with the appropriate lender. A registered broker is one who maintains a separate register of his own for any mortgage-related transactions. This register is used as the basis for the sales agreement between the real estate agent and the borrower.
The mortgage broker must also make an insurance claim for each mortgage-related transaction, whether or not he has filed an insurance claim on the borrower's behalf. He must also keep a record of the loan documents for each loan under his management. He also must retain copies of any mortgage notes and certificates and related documents and provide this information to the borrower upon request.
Real estate agents must also be responsible for providing a copy of the sales contract to the seller of the property. This contract is the legal agreement by which the parties involved entering into a real estate transaction. It is signed by the seller and real estate agent, and is known as the "real estate purchase contract." This document is considered a public record.
The real estate agency's duty to its customers is to act in accordance with the laws of the state where the real property is located. By keeping a record of real property transactions, it demonstrates that it is knowledgeable about its business and fulfills its responsibilities to its customers.
When dealing with real estate agents, buyers need to ask for proof of license, registration and certification. They must also make sure that they are dealing with a licensed and regulated company. Many times, a real estate agency will provide the required documentation on its website. However, buyers should check to make sure that this information is accurate.
When buying a property, buyers need to review the sales contract, whether or not to go through an agent or negotiate directly with the seller. The contract can tell them if the price quoted includes fees, repairs, closing costs, and additional expenses.
Another way to be sure of the legitimacy and quality of a real estate agent is to talk with past clients. Find out what they had to say about the real estate agent's performance. Also ask for references from the actual sellers.
A real estate agent who keeps good contacts with previous clients is one that is trustworthy and can provide good service. The best real estate agents are those who are willing to help out new clients as well.
For potential buyers, the Internet is a great place to look for good real estate agents. Many sites offer reviews by real estate agents who have worked with different agents and allow prospective buyers to post their own testimonials, providing them with a forum to communicate with the real estate agent.