Document Actions

Law of Contracts RELE 1311

Course Description: 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.

Course Syllabus

Law of Contracts RELE 1311

Houston Community College System

Professor: Frankie Jefferson

frankjeff@aim.com

(936) 228-0347

Class Number: 21557

Days: Tues/Thus 8:30am-12:30pm West Loop Campus

09/01/2009 thru 10/08/2009

Office Hours: By Appointment Or One Hour Before Class

Out of respect for the educational environment, and courtesy toward your instructor and classmates, please TURN OFF and put away any electronic devices such as pagers, cell phones, email, etc. If you are expecting an emergency call, you must clear it with the professor in advance.

This course provides three semester hours of college credit and forty-five hours of classroom credit. It is a core real estate course and is required by The Texas Real Estate Commission to make application for a salesperson’s license.

HCCS Real Estate Department Website: http://swc2.edu.rele

Text: Texas Real Estate Contracts, Jim Wiedemer,2008- 2009 Edition. It may be purchased at HCCS bookstores or online at http://hccs.bkstore.com

Audience:

Individuals who need hours as a part of the requirements to acquire a Real Estate License, or hours toward a degree or certificate of achievement, or to better understand the role of the earnest money contract in a real estate transaction.

Course Description:

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.

End –of-Course Outcomes: (WECM)

Apply contract law to the preparation of various current Texas real estate contract forms.

Evaluating Students:

Students final grade will be base on open book quizzes after each chapter will count for 25%.

Midterm exam count for 25%, final exam count for 50%.

Grading Scale:

You must pass the final exam to pass the course.

A = 90 - 100% B = 80 - 89% C = 70 - 79% D = 60 - 69% Below 60% = F

All quizzes and exams are multiple choice.

Student Learning Outcomes ECM)

1. State what constitutes competent parties

2. Explain the elements of a valid contract

3. Explain Statute of Frauds, breach of contract, and unauthorized practice of law.

4. Describe the purpose of the Broker-Lawyer Committee

5. Complete the real estate sales contract, required addenda.

6. Exhibit SCANS skills “Exhibit Reasoning Skills” and “Negotiate Conflict Resolution.”

7. The student may obtain information about career opportunities in the real estate.

Tardiness:

The Faculty Handbook states that the College System does not have a policy on students arriving late to class but that instructors may impose any sanction that they feel appropriate. Since the real estate commission requires full attendance in approved courses, any tardiness will be considered as similar to absences and will require make up as determined by the instructor.

Academic Honesty:

All grade material submitted in fulfillment of course requirements must be original work of the student claiming credit for it. Students guilty of knowingly using or, attempting to use, another person’s work as thought that work were their own and students guilty of knowingly permitting or attempting to permit, another student to use their work, will earn a grade of “F” for the course. There are several software programs that quickly detect plagiarism.

Student Conduct:

Appropriate adult behavior is expected. Disruptive behavior or activities, which interfere with the teaching and learning, will not be tolerated, and may result in an administrative withdrawal without refund.

Classroom Conduct:

Students in ACC courses are required to follow all ACC Policies & Procedures, the Student Code of Conduct, the Student Handbook, and relevant sections of the Texas Education Code when interacting and communicating with faculty and fellow students. Students who violate these policies and guidelines will be subject to disciplinary action.

Students Rights and Responsibilities:

Each student is responsible for knowing the policies and regulations of the college. Information pertaining to students rights and responsibilities can

HHC Course Withdrawal Policy:

The State of Texas imposes penalties on students who drop courses excessively. Students are limited to no more than SIX total course withdrawals throughout their educational career at a Texas public college or university. To help students avoid having to drop/withdraw from any class, HCC has instituted an Early Alert process by which your professor may “alert” you and the counselors that you might fail a class because of excessive absences and/or poor academic per- formance. Contact your professor regarding your academic performance or a counselor to learn about helpful HCC resources (e.g. online tutoring, child care, financial aid, job placement, etc.).

In order to withdraw from your class, you MUST first contact your professor PRIOR to the withdrawal deadline to receive a W on your transcript. After the withdrawal deadline has passed, you will receive the grade that you would have earned. Zeros averaged in for required course-work not submitted will lower your semester average significantly, most likely resulting in a failing grade or an F. It is the responsibility of the student to withdraw from the class; however,

your professor reserves the right to withdraw you without your request due to excessive absences. If you do not feel comfortable contacting your professor to withdraw, you may contact a counselor. However, please do not contact both a counselor and your professor to request a withdraw; either one is sufficient.

* Classes of other duration (mini-term, flex-entry, 8-weeks, etc.) may have different withdrawal deadlines. Please contact the ACC registrar’s office at 713-718-8500 to determine those

withdrawal deadlines.

Attendance and Absences:

The College System policy on absences is stated in the Student Handbook and the Faculty Handbook. Instructors may drop students with excessive absences.

Making Up Absences

Since the Texas Real Estate Commission requires full attendance in licensing courses, any absences must be made up by attending another HCCS real estate licensing course for the required number of hours. The student must get a signed and dated note from the make-up professor and bring it to this professor. All make-up notes must be turned in by the last day of class, or the student will receive an Incomplete in the course. The student is also urged to get a copy of the class notes from another student.

NOTICE: Students who repeat a course three or more times may soon face significant tuition/fee increases at HCC and other Texas public colleges and universities. Please ask your instructor or counselor about opportunities for tutoring/other assistance prior to considering course withdrawal, or if you are not receiving passing grades.

Student Services:

ADVISING AND COUNSELING SERVICES:

Counselors can assist students with admissions, registrations, entrance testing requirements, degree planning, transfer issues, and career counseling. In person, confidential sessions, can also be scheduled to provide brief counseling and community referrals to address personal concerns impacting academic success.

INTERNATIONAL STUDENTS

Please contact the International Student Office at 713-718-8520 if you have questions about your visa status.

SEXUAL HARASSMENT

It is a violation of HCC policy for an employee, agent, or student of the College to engage in sexual harassment as defined in the Equal Employment Opportunity Commission (EEOC) guidelines. Any student that has a complaint concerning this policy has the opportunity to seek resolution of such a complaint in accordance with procedures set forth in the Student Handbook. Report any complaints immediately to College Administration or call the Institutional Equity & Compliance Office. The number is 713-718-8271.

Students with Special Needs:

The Office of Students with Disabilities at HCC reminds faculty that they are required to include the following statement on all their class syllabi: Any student with a documented disability (e.g. physical, learning, psychiatric, vision, hearing, etc.) who needs to arrange reasonable accommodations must contact the Disability Support Service Office (DSSO) at the respective college at the beginning of each semester. Faculty is authorized to provide only the accommodations requested by the Disability Support Services Office.

For questions, contact Donna Price at (713) 718-5165 of the Disability Counselor at your college. To visit the ADA Web site, log on to www.hccs.edu, click Future Students, scroll down the page and clock on the words Disability Information.

District ADA Coordinator- Donna Price- (713) 718-5165

Central ADA Counselor- John Reno- (713) 718-6164 / Martha Scribner- (713) 718-6164

Northeast ADA Counselor- Kim Ingram- (713) 718-8420

Northwest ADA Counselor- Mahnaz Kolaini- (713) 718-5422

Southeast ADA Counselor- Jette Friis- (713) 718-7218

Southwest ADA Counselor- Dr. Becky Hauri- (713) 718-7910

Coleman ADA Counselor- Dr. Raj Gupta- (713) 718-7631

Contracts Course Schedule and Reading Assignments

You will gain the most benefit by reading the assigned pages before class. Please note that the material has been organized in a different order from that of the text.

Standing Reading Assignment: Read Contract 20-8 every week.

WEEK #1: Contract Law Overview

Why have a contract? Read page ix

TREC Promulgated Forms List Read page viii

Website Assignment: Go to www.trec.state.tx.us Print the list (not all the forms, just the list) of “TREC Contract Forms, Addenda, Notices,” and

Print out form #20-8, on colored paper if possible.

The Law of Contracts Read page 1l-37

WEEK #2: The Property

1. Inspections

2. Seller’s Disclosure

3. Lead Based Paint

4. Completion of Repairs

5. Default

6. Termination of Option

WEEK #3: Other Issues

1. Third Party Financing Conditions Addendum

2. Deal

3. Hazard

4. Water

5. Broker

6. Cash

WEEK #4 Midterm Exam followed by reading assignment—see below

Begin Small Groups Work:

(Important: read assigned material before class)

#1: Conventional Loan Contract

Fast Fill-In Instructions: read page 373-383

Third Party Financing Addendum: read page 260-261

Sale of Other Property Addendum: read page 300-301

WEEK #5 #2: FHA Loans

Fast Fill-In Instructions, read page 387-390

Lead Based Paint Addendum, read page 312

#3: VA Loan

Fast Fill-In Instructions: read page 392-396

#4: Condominiums

Condominium Forms: read page 208-214

Fast Fill-In Instructions: read page 436-446

Condo Resale Certificate: read page 342-345

Beach addendums: read page 324-325

#5: New Home—Incomplete Construction page 402-410

Discussion: read page 215-219

Fast Fill-In Instructions: read page 398-401

#6: New Home—Completed Construction

Read page 401-410

#7: Unimproved Property

Fast Fill-In Instructions: read page 426

Seller Financing Addendum: read page 286

Environmental Addendum: read page 313

WEEK #6 #8: Conventional Loan, starting with no repairs, then using Amendment to ask for repairs.

Final Exam

“Hints” for Contract Law Exams

Midterm Exam: Know about the following subjects/terms:

option misrepresentation option money negligence/fraud

earnest money real property

“as is” personal property

deed restrictions fixtures/3 tests of

mutual mistake bill of sale

offer deed

counteroffer Paragraph 11 “Special Provisions”

contract Latin terms for:

mutual assent and husband

rejection and wife

acceptance a single man

duress, threat, undue influence a single woman

addendum Four Corners Doctrine

promulgated forms contract forms a licensee can use

trial use

TREC To whom is option money payable?

TAR To whom is earnest money payable?

Seller’s Disclosure Notice When are those 2 checks deposited?

testate/intestate competent parties

testator valid/voidable/void

executor/executrix breach of contract

administrator contingency clause

letters testamentary interlineation/deletion

intestate succession Broker/Lawyer Committee

laws of descent and distribution deaths that do/do not require disclosure

probate stigma

heirship affidavit “business and factual details”

separate property unauthorized practice of law

community property Paragraph 2, Property

common law marriage Paragraph 7, Property Condition

homestead laws owners title insurance

DTPA mortgagee title insurance

Statute of Frauds

default

liquidated damages

specific performance

Final Exam: Know all of the midterm hints, plus all Contracts, Forms, and Addenda we have studied. Final Exam is cumulative and multiple choice.

Specifics to study for final exam:

What are the section headings in Paragraph 2?

Know all items listed in Paragraph 2.

Know sections of Paragraph 3.

Know sections and content of Paragraph 4.

Know sections and content of Third Party Financing Addendum.

Paragraph 6—“a certain use or activity”

P 7 Property Condition

Lender Required Repairs

contents of “Amendment”

how to ask for seller to pay for repairs

P 8 Brokers

P 9C

definition of “Loan Fees” in P 12

P 19 Representations

P 22 Agreement of Parties

P 24 Consult an Attorney

Know which forms are promulgated forms.

Execution Date

Exploration of Career Opportunities and Supplemental Instruction

The attached pages of real estate-related websites, and various guest speakers who are industry professionals, will provide supplemental instruction to assist students in their exploration of career opportunities.

WEB SITES OF REAL ESTATE INTEREST