...Introduction The Michigan real estate market is highly competitive. Greater marketing and professionalism is now a requirement in the real estate industry, as is the service provided to procure a successful sale and or purchase. As in the real estate industry, service delivery is complicated by the presence of the customer at the point of service production. The customer contact employee must accommodate uncertainty and variability introduced by the customer, which in the real estate industry is vital to being successful. Problem Statement Greater marketing and professionalism is now a requirement in the real estate industry, as is the service provided to procure a successful sale and or purchase. As in the real estate industry, service delivery is complicated by the presence of the customer at the point of service production. The customer contact employee must accommodate uncertainty and variability introduced by the customer, which in the real estate industry is vital to being successful. An understanding and appreciation of consumption and the consumer in real estate services is arguably more important than ever if providers of real estate services are to rise to the competitive pressures building in the sector. Real estate, as with all service businesses, need to focus on the quality of service as it is becoming an increasingly important differentiator between competing businesses and in many industries, such as real estate, it is often the only core differentiator...
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...Manila A Strategic Management Paper Presented to: Mr. Real C. So In Partial Fulfillment of the Requirements for the Course Strategic Management (Entre 7) Presented by: Miguel O. Rodil 4M7 February 2012 2|Page I. EXECUTIVE SUMMARY 3|Page II. TABLE OF CONTENTS 4|Page III. ACKNOWLEDGEMENT 5|Page IV. INTRODUCTION 6|Page V. EXTERNAL ENVIRONMENT ANALYSIS 1. Definition of Industry Table 5.1 Real Estate Industry Classification Industry Supersector Sector Subsector 8000 Financials 8600 Real Estate 8630 Real Estate Investment and Services 8633 Real Estate Holding and Development Industries are the circles in the supply chain diagram. Each industry is a set of firms that operate in the same space in a supply chain, competing to control some of the space and so capture value. Industries have structure, history/trajectories and competitive dynamics that set the context for new entrants. In the Real-Estate Industry organizations primarily engaged in renting or leasing real estate to others; managing real estate for others; selling, buying, or renting real estate for others; and providing other real estate related services, such as appraisal services. Companies that invest directly or indirectly in real estate through development, investment or ownership. Excludes real estate investment trusts and similar entities, which are classified as Real Estate Investments. Source: www.icbenchmark.com/ICBDocs/Structure_Defs_English...
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...statements in legal matters (Crumbley, 2007). Forensic accountants can own their own accounting firms or be employed by lawyers, insurance companies, banks, or large corporations. The use of accountants has played an important role in assisting the government as well as the public. Forensic Accountants participate in detecting scandals and financial crimes caused by individuals, companies and organized crime networks. This profession consists of three main areas litigation support, investigation and dispute resolution (Harris, 200). Litigation support involves the factual arrangement of financial issues, investigation comes in when criminal matters have occurred, and the dispute resolution is the process of bringing justice and fairness. To work effectively within these three core components, forensic accounts must have a set of skills to perform their job efficiently. Important Skills Forensic Accountants must posses more than the fundamental knowledge of financial accounting and auditing. Each project requires analysis, interpretation, summarization and presentation of complex financial- and business-related issues (Matson, 2012). There are several core skills that are required and expected for the accountant to perform their job proficiently. The most important are analytical, organizational, investigative, communication, and interviewing skills. Analytical Skills Analytical skills are critical in the process of determining and detecting fraudulent activity...
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...the federal government and enumerates its powers * The body of the constitution * Creates the three branches of government and grants certain powers to each branch * The amendments to the constitution * Protect individual rights by putting limitations on the governments ability to act in certain ways * Amendments protect the government, not private individuals The Legislative Branch * Created by Article 1 of the Constitution * House of Representative * Senate * Responsible for the creation of new laws * Congress is generally responsible for where the money comes from and where the money is spent * All statutes start as BILLS * Bills must be passed by both the House and the Senate * Bills that pass both houses must be signed into law by the president or.. * The president can VETO the bill * If signed by the president the Bill becomes a STATUTE 2. Statues, Codes and Ordinances * Statutes are enacted by Congress and state legislatures * Ordinances are enacted by municipalities and local government agencies * Code = Codified Law = Statute The Executive Branch * Created by Article 2 of the Constitution * President * Vice President * Cabinet Members * Responsible for enforcing the laws passed by congress * The president, with the advice and consent of the Senate, may enter into Treaties with foreign governments * Executive Orders are issued by the President...
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...breach of which the law gives a remedy or the performance of which the law in some ways recognizes a duty. Sources of contract law include the Common Law of Contracts (developed primarily by state courts) and the Uniform Commercial Code (UCC) which is a comprehensive statutory scheme that includes laws that cover aspects of commercial transactions. Elements of a Contract: 1. Agreement – between parties, requires an offer and an acceptance, and mutual assent. 2. Consideration – EX: money, personal or real property, provision of services. 3. Contractual Capacity – have to have the ability to enter into the contract – have to be sane. 4. Lawful Object – can’t be an illegal contract, or involve illegal duties/sutf. Two defenses may be raised to the enforcement of contracts: 1. GENUINENESS OF ASSENT – The consent of the parties to create a contract must be genuine. If the consent is obtained by duress, undue influence, or faud, there is no real consent. 2. Writing & Form – certain contracts have to be in writing to be enforceable. Types of Contracts – Summary on pg 161-162 1. Bilateral Contract – an exchange of promises of the parties, “a promise for a promise.” 2. Unilateral Contract – Offer can be accepted only by the performance of the act by the offeree, “a promise for an act.” 3. Formal Contract – Requires a special form or method of creation. a. Negotiable Instruments b. Letters of Credit c. Recognizance ...
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...| | |Cand. merc. program | |INTERNATIONAL MARKETING AND MANAGEMENT | | | | | | | | | |The cultural and social influences on the buying behaviour process: the Pirelli RE case study | | | | ...
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...California EXAM PREP The SMART Guide to Passing Kor Real Estate California Real Estate Exam Prep: The SMART Guide to Passing Cengage Learning Vice President/Editor-in-Chief: Dave Shaut Executive Editor: Scott Person Acquisitions Editor: Sara Glassmeyer Senior Marketing Manager: Mark Linton Manager of Technology, Editorial: John Barans Frontlist Buyer, Manufacturing: Kevin Kluck Art Director: Bethany Casey Content Project Manager: D. Jean Buttrom Production Service: Pre-Press/PMG-India Cover Designer: Pop Design Works, www.popdesignworks.com Cover Images: © Getty Images © 2009 Cengage Learning ALL RIGHTS RESERVED. No part of this work covered by the copyright hereon may be reproduced or used in any form or by any means—graphic, electronic, or mechanical, including photocopying, recording, taping, Web distribution, information storage and retrieval systems, or in any other manner—except as may be permitted by the license terms herein. For product information and technology assistance, contact us at Cengage Learning Customer & Sales Support, 1-800-354-9706 For permission to use material from this text or product, submit all requests online at www.cengage.com/permissions Further permissions questions can be emailed to permissionrequest@cengage.com Library of Congress Control Number: 2008926512 Student Edition ISBN 13: 978-0-324-64498-2 Student Edition ISBN 10: 0-324-64498-1 Student Edition with CD ISBN 13: 978-0-324-64497-5 Student Edition with CD ISBN 10: 0-324-64497-3...
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...citizens, business people, and local and regional government officials. Define and diagnose the community’s condition, its major problems, and their causes. Develop a vision of the long-term solutions to the community’s problems based on a realistic assessment of the community’s values, resources and opportunities. Develop a long-term plan of action involving several intermediate stages of investment and transformation. January 11, 2002 4 Strategic Place Marketing (2) The long-term solution involves improving four major marketing factors found in every community. Assure that basic services are being provided and infrastructure maintained to the satisfaction of its citizens, businesses and visitors. Develop new attractions to improve the quality of life to sustain current business and public...
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...law arise when agents make contracts on behalf of principals. Should a principal be bound when his agent makes a contract on his behalf that he would immediately wish to disavow? The tradeoffs resemble those in tort, so the least-cost avoider principle is useful for deciding which agreements are binding and can unify a number of different doctrines in agency law. In particular, an efficiency explanation can be found for the undisclosed-principal rule, under which the agent's agreement binds the principal even when the third party with whom the contract is made is unaware that the agent is acting as an agent. Agency deals with situations in which one person -- the principal-- uses another person -- the agent-- to act on his behalf. Sometimes the acts of the agent are attributed legally to the principal, sometimes not. Clearly, agency is central to business dealings. No owner of a business can do everything himself; he must delegate some things to agents, and this is true not only of large corporations but of sole proprietorships that have employees who work for the owner. In partnerships, the partners act as each other’s agents. And in corporations, the shareholders are completely unable to act on their own behalf; they delegate authority to a board of directors, who in turn delegate authority to the officers of the corporation. In this report we will discuss the formation and types of agencies with a detail analysis of the evident problems between principal-agent relationships...
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...there were two branches of Property Law: • Real property: (Land and interests in land) • Personal property: (Everything besides land and interests in land) -The reason for the two separate branches is that historically land was the most valuable type of property (and arguably still is). -This course predominately focuses on real property. *Note that personal property can become real property by being attached to real property – referred to as ‘fixtures’. (E.g. carpet fixed to a house). SEE LATER FOR FULLER DISCUSSION OF FIXTURES. -General terminology: • Licence: all rights in relation to land, which look like a property rights, but are not actually property rights. ❖ Bare licence: The licence is not coupled with any form of consideration, and therefore can be revoked at will. ❖ Contractual licence: A licence coupled with a contract, and therefore may have remedies in breach of contract (damages, etc.). -Real Property (Common law) rights: • Fee Simple – An unencumbered inherited interest in land. It is almost equal to ownership (the crown actually owns all the land, but people have the right to reside on the land. • Native title – To be distinguished from the common law system. • Life estate – This estate lasts until death, i.e. it is not inheritable. • Lease / tenancy agreement – The right of possession is given (also known as a ‘possessory estate’. (If the right of possession does not exist, then...
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...delineate new school boundaries, which were to be submitted the subsequent year. Compliant with the redrawn boundaries many students will be required to leave his or her current schools. As word of this news spread, parents began expressing their concerns to the school board. The objections put forth by the parents included effects on the quality of education, increased in travel to and from school, blending of economic and cultural boundaries, effects on property values, and social influences on children. In this paper a plan to address stakeholders concerns will be provided and the stakeholders will be identified. Next, this paper will determine what negotiation strategy to employ in an effort to effectively support the school board’s need to redraw the boundaries while addressing the concerns of the stakeholders. Finally, this paper will explain how ethics and culture affect the decision from the Miami School District. Stakeholders and a Plan to Address Their Concerns Numerous stakeholders are affected by these negotiations. According to Lewicki, Saunders, and Barry, stakeholders are the various individuals and organizations that possess a stake or interest in the outcome of the negotiations. Clearly, interested stakeholders in these negotiations include the Miami School District, students and parents. The stakeholders in this dispute bring different priorities to the negotiation table. The challenge facing everyone involved in this debate is developing a plan that addresses...
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...Contract of Sale. By the contract of sale one of the contracting parties obligates himself to transfer the ownership of and to deliver a determinate thing and the other to pay therefore a price certain in money or its equivalent. |Contract of Sale |Contract to Sell | |Title over the property passes to the buyer upon delivery unless |Ownership is retained by the seller whether or not there is | |there is a contrary agreement |delivery. Ownership passes to the buyer only upon full payment of| | |the price | |Non-payment of the purchase price is a negative resolutory |The payment in full is a positive suspensive condition, meaning, | |condition, meaning the sale becomes ineffective upon the |if the purchase price is not paid, the obligation to deliver and | |happening of such condition |to transfer ownership on the part of the seller does not become | | |effective | |After delivery of the objective, the seller loses ownership over |Whether there is delivery or not, the seller retains the | |it. Unless, the contract is set aside, he cannot recover...
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...Consultants An Overview on Indian Real Estate Prepared by:Mr. Ashish Mittal (Associate) Ms. Khusboo Bhargava, 5 Year, (BBA. LL.B. (Hons.)) th MAHESHWARI & CO. Advocates & Legal Consultants INDEX Sl. No. 1. 2. 3. 4. Particulars An Introduction to Investment in Indian Real Estate …………… Indian Residential Real Estate ……………………………………... Indian Commercial Real Estate ……………………………………. Challenges Faced By Real Estate Sector & Sectors Facilitating Growth ………………………………………………………………... 4.1 4.2 5. Retail Sector Special Economic Zone 9-12 Page No. 1- 4 5-6 6-7 7-8 FDI ……………………………………………………………………. 5.1 5.2 5.3 5.4 5.5 FDI Projects Current Scenario FDI Guidelines For Application In Sector Sector Where FDI is not allowed FDI V/s FII 6. NRI Investment In Indian Real Estate …………………………... 6.1 6.2 6.3 Acquisition /Transfer of Immovable Property by POI Repatriation of Sale Proceed by NRI/POI Investment by Foreign Companies 12-15 7. 8. Real Estate Investment Trust (REIT) & Major Foreign Investors In Real Estate Sector ……………………………………………….. Model Real Estate Law …………………………………………….. 8.1 8.2 8.3 8.4 8.5 8.6 8.7 Establishment of Real Estate Regulatory Authority Registration of Property Promoters Powers of Regulatory Authority12 Establishment of Appellant Tribunal Offences And Penalties Analysis of the Act 15-17 18-19 9. Legislative Issues …………………………………………………… 9.1 9.2 Various Laws In Real Estate Transaction Five Group of Laws in real Estate Business 9.2.a 9.2.b 9.2.c Land Related...
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...to transfer the ownership of and to deliver a determinate thing, and the other to pay therefor a price certain money or its equivalent. A contract of sale may be absolute or conditional. SALES 1. Contract of sale (absolute) • real obligation – obligation to give • remedies available: a. specific performance b. rescission c. damages 2. Contract to sell (conditional) • personal obligation – obligation to do • remedies available: a. resolution b. damages ESSENTIAL REQUISITES OF A CONTRACT OF SALE 1. consent 2. subject matter 3. price CHARACTERISTICS OF CONTRACT OF SALE: 1. Nominate - law gave it a name 2. Principal - can stand on its own; unlike accessory contract 3. Bilateral - imposes obligation on both parties a. obligation of seller – transfer ownership & deliver b. obligation of buyer – pay for price Consequence: power to rescind is implied in bilateral contracts 4. Onerous – with valuable consideration • Consequence: all doubts in construing contract to be resolved in greater reciprocity of interest 5. Commutative – equal value is exchanged for equal value • Test: subjective – as long as parties in all honesty that he is receiving equal value then it complies with test & would not be deemed a donation; but must not be absurd. • Inadequacy of price or aleatory character not sufficient ground to cancel contract of sale; inadequacy can show vitiation of consent & sale may be annulled based on vice but not on inadequacy 6. Consensual – meeting...
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...oppressive conduct on the part of private entities that have otherwise assumed a constitutional obligation no to abridge the individual exercise of such freedoms because of public use of their property. (b) The NJ court said that the right of free speech conferred by the state constitution was secure not only from State interference but – under certain conditions – from the interference of an owner of private property even when exercised on that private property. (i) Schmid Standard 1. The normal use of the property 2. The extent and nature of the public’s invitation to use it 3. The purpose of the expressional activity in relation to both its private and public use (5) Title to real property cannot include dominion over the destiny of persons the owner permits to come upon the premises. Their wellbeing must remain the paramount concern of a system of law....
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