Syllabus--Law of Contracts RELE 1211 online course

Transcription

1 Syllabus--Law of Contracts RELE 1211 online course Semester with Reference Number (CRN) Textbook Instructor contact information Office Location and Hours Location/Times Semester Credit Hours (SCH) Total Contact Hours Length Type of Instruction Description: Spring 2016 # 91012, Jan. 19 Feb. 21. Helpful Hint: Always log in to online courses within the first 2 days or the system may automatically drop you. It is recommended that you get your textbook before the course starts. Texas Real Estate Contracts Law by James Wiedemer. This book can be obtained at the HCC Bookstore-West Loop (closes 1:00 on Fridays), hccs.bkstore.com or Mark D. Sonnier mark.sonnier2@hccs.edu or By apt only 5601 West Loop South, Houston, TX Room C154, Set an appointment by ing mark.sonnier2@hccs.edu Online Jan. 19, 2016 Feb. 21, Credit Hours 2.00 Lecture Hours 2.00 Laboratory Hours weeks online 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

2 An outline of the TREC required content is included at the end of this syllabus. Texas Real Estate Commission requirements for Law of Contracts: Law of Contracts - Shall include but not be limited to the elements of a contract, offer and acceptance, the 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. Prerequisite(s) Academic Discipline/CTE Program Outcomes none 1. Analyze the elements of a valid contract and the use of forms. 2. Analyze the disclosure requirements in various real estate situations. 3. Describe the real estate sales/transaction process. 4. Develop a working knowledge of the law of contracts. 5. Develop a working knowledge of DTPA and disclosure requirements. Student Outcomes (SLO) Objectives SCANS and/or Core Curriculum Competencies: Instructional Methods Student Assignments 1. State what constitutes competent parties 2. Explain the elements of a valid contract. 3. Explain the statute of frauds, breach of contract, and unauthorized practice of law. 4. Describe the purpose of the Broker-Lawyer Committee. 5. Explain ways that DTPA impacts a real estate transaction. 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. Explain how probate or bankruptcy relate to contracts. 1. Evaluate what needs to be done if property is subject the Probate or Bankruptcy. 5. Explain seller disclosure and DTPA. 1. Evaluate seller disclosure and the Deceptive Trade Practices Act. SCANS State what constitutes competent parties Workplace Competencies - Interpersonal -Negotiates to Arrive at a Decision Explain the elements of a valid contract. Workplace Competencies - Interpersonal -Serves Clients/Customers Explain the statute of frauds, breach of contract, and unauthorized practice of law. Foundation Skills - Thinking Reasoning Explain how Probate and or a Bankruptcy may affect contractual rights. Workplace Competencies - Systems -Understands System. Explain seller disclosure and DTPA Online Lessons, online quizzes, reading assignments in textbook, participation in online forums, list of real estate-related websites, online list of key terms, course . Reading assignments in textbook and in online Lessons, required online quizzes, participation in class and class forums.

3 Student Assessment(s) Instructor's Requirements Required participation, required online quizzes, online midterm exam, in-person final exam. Participation in course , plus completion of all quizzes, midterm exam, and final exam, by posted dates. Testing Environment The Texas Real Estate Commission requires proctored final exams. Students will not be allowed to use any electronic devices including cell phones during the final exam. All devices must be put away. If you are taking a course which includes math, please bring a simple 4-function calculator; you will not be allowed to access a calculator on any other device. Once you open the exam, you must complete it without leaving the testing room. Restrooms are available directly across from our testing room, and you may visit them before you enter the room to start the exam. HCC Grading Scale 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 or FX in this course. Students might also be able to arrange to take exams early through their teacher. Any such arrangement must be made during the first 2 weeks of class. A = B = 89-80: C = 79-70: D = 69-60: F = 59 and below W (Withdrawn) If a student decides to drop, it is his responsibility to withdraw himself from the class. Teachers may drop a student for non-participation, excessive absences. I (Incomplete) (You must have completed 75% of the course, and have a documented dire emergency.) FX (failure due to non-participation/non-attendance) 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 nonattendance. 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 Participation in online course can raise your final average: 3 bonus points. Required open-book online quizzes (can be taken anytime during course): 25% Required open-book online midterm exam: 25% Required closed book, closed notes, in person final exam, covers all chapters: 50% You must pass the final exam to pass the course. You must take the final exam in person at 5601 West Loop South, Houston, TX 77081, Room C153. You are not permitted to take the exam at a different HCC campus.

4 If you live outside the Greater Houston Area, you must arrange for an outside proctor during the first 2 weeks of class. Instructional Materials It is recommended that you get your textbook before the course starts. Texas Real Estate Contracts Law (2015 Edition) by James Wiedemer. This book can be purchased at the HCC Bookstore-5601 West Loop (closes 1:00 on Fridays), hccs.bkstore.com or Title IX of the Educational Amendments of 1972 Title IX requires that institutions have policies and procedures that protect students rights with regard to sex/gender discrimination. Information regarding these rights are on the HCC website under Students-Anti-discrimination. Students who are pregnant and require accommodations should contact any of the ADA Counselors for assistance. It is important that every student understands and conforms to respectful behavior while at HCC. Sexual misconduct is not condoned and will be addressed promptly. Know you rights and how to avoid these difficult situations. Log in to Sign in using your HCC student account then go to the button at the top right that says Login and enter your student number EGLS3 -- Evaluation for Greater 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. Access Student Services Policies on their Web site: Distance Education Policies Access DE Policies on their Web site: To Prepare for the State Licensing The Distance Education Student Handbook contains policies and procedures unique to the DE 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 DE 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. Refer to the DE Student Handbook by visiting this link:

5 Exam 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. 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-13: 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 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 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

6 Contracts Used in Real Estate Elements of a contract; offer & acceptance Real Estate Contracts Contract Law 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 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)

7 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 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