Some preliminary matters:

Glossary of real estate and mortgage terms from FannieMae.
Becoming a Homeowner from FannieMae

A.  Real Estate Brokers.

• Classroom Diagrams:
  • Residential Transaction
  • Commercial Transaction
  
  

  The Listing Agreement

  • Note — When the Broker's Commission Is Earned
  • 63 P.S. § 606.a(b) Pennsylvania's Real Estate Broker's "Statute of Frauds"; see also 63 P.S. § 608a. Written agreement with broker.
  • Pennsylvania real Estate Commission Regulations of Listing Agreements
    • 35 Pa. Code § 35.331 Listing agreements generally.
    • 35 Pa. Code § 35.332 Exculsive listing agreements .
    • 35 Pa. Code § 35.334 Statement of estimated costs and return [closing costs and payments due seller or buyer at closing].
  
  
• Three Real Estate Broker Hypotheticals.
  
  
• Occupational Regulation:
  • In re Opinion No. 26 of the Committee on the Unauthorized Practice of Law, 139 N.J. 323, 654 A.2d 1344 (1995) APPENDIX A
  • 35 Pa. Code § 35.333 Pennsylvania Real Estate Commission requirements for Broker involved agreements of sale
  • Selected Provisions of the Pennsylvania Real Estate Licensing and Registration Act of 1980, as amended, 63 P.S. See particularly 63 P.S. § 455.606a Duties of licensees generally and 63 P.S. § 304 Exclusions [from licensing requirement].
  • The Obligations of the Seller’s Broker to the Seller. See See 63 P.S. § 455.606b. Duties of seller's agent.
  • The Obligations of Sellers’ Brokers to Buyers

    The Sub-agency snare: "'Subagent.' A broker, not in the employ of the listing broker, who is engaged to act for, or cooperate with, the listing broker in selling property as an agent of the seller. A subagent is deemed to have an agency ationship with the seller." 63 P.S. § 455.201

  • When the Listing Broker Purports to Represent Both the Buyer and the Seller: The Dual Agency See 63 P.S. § 455.606d. Duties of dual agent
  • When the Broker represents only the Buyer: the Buyer's Broker See 63 P.S. § 455.606c Duties of buyer's broker.
  • When the Broker Purports to Represent No One in the Transaction: Transactions Facilitator Status See 63 P.S. § 455.606f. Duties of transaction licensee

The Contract of Sale - Selected Issues

B.  The Statute of Frauds.

• Pennsylvania's Statute of Frauds for Real Estate 33 P.S. §§ 1 and 2
  • As to requirements of valid oral gift of an interest in land, see e.g., Yarnell Estate, 376 Pa. 582, 590, 103 A.2d 753, 758 (1954) (parol gift of interest in land generally) and Fulsz v. Fulsz, 527 Pa. 348, 352-353, 591 A.2d 1047, 1049 (1991) (parol gift between parent and child).
  • "Contract written on napkin sent scrawling," by By Tom Gibb, Post-Gazette Staff Writer, Pittsburgh Post-Gazette, Wednesday, Nov. 2, 2000.
• Electronic Transactions
  • (E-SIGN), The Electronic Signatures in Global and National Commerce Act, S. 761, effective October 1, 2000 .pdf
  • Uniform Electronic Transactions Act Homepage, NCCUSL.
  • Pennsylvania Eletronic Transactions Act, Act 1999-69 73 P.S. § 2260.101 to 2260.5101.
  • Professor Patrick Randolph, Jr., Has Congress Murdered the Statute of Frauds?
  • Electronic Mortgages
    • Freddie Mac and Electronic Mortgages, FHMLC site discssing the use of electroning documents in mortgage transactions, including an electronic mortgage and electronic note.
    • Fannie Mae and Electronic Mortgages (eMortgages), Originating and Underwriting Guidelines for Single Family eMotrgages.
    • Fannie Mae on Electronic Mortgage Closings, FNMA Announcement 02-08 June 28, 2002, Amending Guides: Selling and Servicing Selling Electronic Mortgages to Fannie Mae.
    • MISMO, Mortgage Industry Standards Maintenance Organization, established in 1999 by the Mortgage Bankers Association of America to develop, promote, and maintain voluntary electronic commerce standards for the mortgage industry.

C.  Remedies and Real Estate Contracts.