RELE 1211 Law of Contracts CRN: Fall-2016

Transcription

1 RELE 1211 Law of Contracts CRN: Fall-2016 Location Online Textbook (required) - Texas Law of Contracts Edition by James Wiedemer. This book can be obtained at the HCC Bookstore West Loop, 5601 West Loop South, Houston, TX (closes 1:00 on Fridays), hccs.bkstore.com or The HCCS Central and Katy Campus do NOT carry the real estate textbooks. The Houston Association of REALTORS on the SW Freeway also carry it. Helpful Hint: Log in to the course in the first 2 days to be counted present. Read the Syllabus and take the Syllabus quiz. (Otherwise, the system will mark you as absent and getting reinstate is almost impossible.) Instructor Charlotte Goeters Contact information (Cell or text)) Mon-Fri/8-5) Include your name and the course if you want a return message. charlotte.goeters@hccs.edu Mon.-Sat. Office Hours: HCCS Central Campus, Tuesdays, 12-3PM, JBD Building on Holman. Credit Hours 2.0 Laboratory Hours 0 Total Course Contact Hours 32 Course Length - 4 weeks (Oct. 17 Nov.13) Type of Instruction Online Course Elements of a contract, offer and acceptance, statute of frauds, specific performance and remedies for breach, unauthorized practice of law, commission rules relating to use of adopted forms, and owner disclosure requirements Prerequisites None Academic Discipline/CTE Program Learning Outcomes - 1. Explain the three Articles of the Texas Real Estate Commission s Canons of Professional Ethics. 2. Analyze the disclosure requirements in various real estate situations. 3. Describe the real estate sales/transactions process. Course Student Learning Outcomes (SLO): 4 to 7 1. State what constitutes competent parties 2. Explain the elements of a valid contract.

2 3. Explain the statute of frauds, breach of contract, and unauthorized practice of law. 4. Describe the purpose of the Broker-Lawyer Committee. Learning Objectives (Numbering system should be linked to SLO -e.g., 1.1, 1.2, 1.3, etc.) State what constitutes competent parties 1. Compose a brief written description of the elements of competent parties. Explain the elements of a valid contract. 1. Evaluate a real estate sales contract to see if the elements of a valid contract are present. Explain the statute of frauds and breach of contract. 1. Evaluate a real estate negotiation to determine if there is a breach of contract or a violation of the statute of frauds SCANS and/or Core Curriculum Competencies: If applicable State what constitutes competent parties Workplace Competencies -Interpersonal -Negotiates to Arrive at a Decision Explain the statute of frauds, breach of contract, and unauthorized practice of law. Foundation Skills -Thinking Reasoning Instructional Methods Online Lessons, online quizzes, reading assignments in textbook, participation in online forums, list of real estate related websites, online list of key terms, course . Student Assignments Reading assignments in textbook and in online Lessons, required online quizzes, participation in class and class forums Student Assessment(s) Required forum participation, required online quizzes, online midterm exam, in-person final exam Instructor's Requirements Participation in course forums and course , plus completion of all quizzes,midterm exam, and final exam, by posted dates. HCC Grading Scale We will no longer offer make-up exams the Monday after final exam dates. HCC is now requiring teachers to post final grades immediately after the posted exam date. If a student misses the final exam in this course he/she will receive an F in this course. The student must contact the course instructor. Students might be able to arrange to take exams early through their instructor. Any such arrangement must be made during the first 2 weeks of class. Instructor Grading Criteria Access Student Services Policies on their Web site: A = B = 89-80: C = 79-70:

3 D = 69-60: 59 and below = F W (Withdrawn) If a student decides to drop, it is his responsibility to withdraw himself from the class. I (Incomplete) (You must have completed 90% of the course, and have a documented dire emergency.) FX (failure due to non-participation/non-attendance)

4 FINAL GRADE OF FX: Students who stop attending class and do not withdraw themselves prior to the withdrawal deadline may either be dropped by their professor for excessive absences or be assigned the final grade of FX at the end of the course. Logging into a DE course without active participation is seen as non-attendance. Students who stop attending classes will receive a grade of FX, compared to an earned grade of F, which is due to poor performance. Please note that HCC will not disburse financial aid funding for students who have never attended class. Instructor Grading Criteria: Chapter Quizzes 30% of total course grade (may be taken multiple times) Mid Term Exam 35% (open book, taken online) Final Exam 30% (monitored by proctor, need photo ID) EGLS3 -- Evaluation for Greater Learning Student Survey System At Houston Community College, professors believe that thoughtful student feedback is necessary to improve teaching and learning. During a designated time near the end of the term, you will be asked to answer a short online survey of research-based questions related to instruction. The anonymous results of the survey will be made available to your professors and department chairs for continual improvement of instruction. Look for the survey as part of the Houston Community College Student System online near the end of the term. Distance Education and/or Continuing Education Policies Access: hccs.edu/online Distance Education Policies: HCC Online Student Handbook contains policies and procedures unique to the online student. Students should have reviewed the handbook as part of the mandatory orientation. It is the student's responsibility to be familiar with the handbook's contents. The handbook contains valuable information, answers, and resources, such as contacts, policies and procedures (how to drop, attendance requirements, etc.), student services (ADA, financial aid, degree planning, etc.), course information, testing procedures, technical support, and academic calendars. For students who wish to prepare for the State of Texas Real Estate Licensing Exam, we recommend that you use an exam prep book such as Texas Real Estate Exam Prep from Cengage Learning. This book/cd combination is stocked by the HCC Bookstore at the 5601 West loop location, and is also available from the publisher at ISBN TREC Outline RELE 1211 Law of Contracts Texas Contract Law Commission rules relating to the use of adopted forms; Unauthorized Practice of Law Key Terms Texas Real Estate License Act Unauthorized Practice of Law The Broker-Lawyer Committee

5 Use of Promulgated Contract Forms Deceptive Trade Practices Consumer Protection Act (DTPA) Basics of Real Estate Law Real Property and the Law Land, Real Estate, and Real Property Real Property vs. Personal Property

6 Characteristics of Real Property Forms of Real Estate Ownership Ownership of Real Estate by Business Organizations Condominiums, Cooperatives, Town Houses & Time-Shares Laws Affecting Real Estate Introduction to Contracts Elements of a contract, offer & acceptance Elements of a Valid Contract Express or Implied Contracts Unilateral or Bilateral Contracts Valid, Void, Voidable & Unenforceable Contracts Executed or Executory Contracts Ownership Rights and Limitations Remedies for breach Interests in Real Estate Governmental Powers Estates in Land Encumbrances Water Rights Mineral Rights Environmental Issues Homestead Contracts Used in Real Estate Elements of a contract; offer & acceptance Real Estate Contracts Contract Law

7 Discharge of Contracts Contracts Used in the Real Estate Business Listing Agreements Buyer Agency Agreement Leasing Real Estate Leasehold Estates Lease Agreements Types of Leases Discharge of Leases Options Contract for Deed Lease Purchase Agreements The Sales Contract Offer and Acceptance The Document Financing Information Disclosures Conveyance of the Property Signatures Statute of Frauds Default and Breach of Contract Remedies Contingencies, Addenda, and Amendments Owner disclosure requirements; offer & acceptance Contingencies Amendments Addenda

8 Financing Real Estate Owner disclosure requirements; elements of a contract; statute & fraud Mortgage Law Security and Debt Promissory Note Mortgages or Deeds of Trust Owner Financing Foreclosures and Short Sales Liens The Real Estate Financing Market, Techniques and Loan Programs Financing Legislation Computerized Loan Origination (CLO) Conveyance of Title Owner disclosure requirements Title Voluntary Alienation Involuntary Alienation Conveyance of Estates Public Records Proof of Ownership Transaction Process and Closing Elements of a contract; remedies for breach, including specific performance; owner disclosure requirements Transaction Process Sample Check List Loan Approval

9 Real Estate Settlement Procedures Act (RESPA) Inspections Title Work Preparation for Closing Prorations Closing and Funding Common Contract Mistakes Elements of a contract; offer & acceptance Contract Examples Common Areas of Concern Suggested Study Format for 4 Week course Week One Syllabus, Ch. 1, 2, and 3 Week Two Ch. 4, 5, and 6 Week Three Mid Term Reviews, Mid Term Exam, Ch. 7 and 8 Week Four Review and Final Exam