Real estate abstract
A real estate computer network 10 facilitates a real estate transaction
between a buyer 13 and a seller 12 by electronically communicating
between the parties 12, 13 and third parties such as a real estate
facilitating entities 24 (e.g., lawyer, mortgage provider, title
provider) over a network 14, such as or including the Internet 16.
Each stage of the transaction is supported by the parties utilizing
an online real time interactive communication interface 120 to list
property information; to search for a property in a property database
20; to negotiate via an electronic purchase contract 96; and to
schedule associated events (e.g., showings) and deadlines (e.g.,
closing, mortgage filing). Other real estate services are supported,
such as electronic mortgage calculator 224, electronic mortgage
application 226, searching for comparable sales 92, electronic document
delivery 222, and others.
Real estate claims
What is claimed is:
1. A method of brokering a real estate transaction, the method
comprising: (a) electronically communicating property information
to potential buyers over a computer network, the property information
stored in a property database including a plurality of property
records, each property record identifying a real estate property;
(b) electronically communicating a real estate transaction document
to one of a seller party and a buyer party for use in conducting
a transaction between a seller and a buyer for the selected real
estate property, wherein electronically communicating the real estate
transaction document includes at least one of communicating an offer,
communicating a counteroffer, communicating a rejection and communicating
an acceptance to one of the seller party and buyer party over the
computer network, and wherein electronically communicating the real
estate transaction document includes conducting negotiations for
a purchase contract using an online real time interactive communications
interface; and (c) concurrently maintaining separate private interactive
communications between the buyer party and one of a seller and a
seller's agent from the seller party, and between the seller and
the seller's agent, while conducting negotiations for the purchase
contract.
2. The method of claim 1, wherein electronically communicating
the real estate transaction document includes electronically transmitting
the real estate transaction document to one of the seller and buyer.
3. The method of claim 2, further comprising: (a) receiving contact
information from each of the seller and buyer for the selected real
estate property; and (b) communicating the contact information for
one of the seller and buyer to the other of the seller and buyer.
4. The method of claim 1, wherein electronically communicating
the real estate transaction document includes electronically transmitting
the real estate transaction document to one of a seller's agent
and a buyer's agent.
5. The method of claim 1, further comprising electronically transmitting
the real estate transaction document to a transaction facilitating
entity.
6. The method of claim 5, wherein the transaction facilitating
entity is selected from the group consisting of an attorney, a mortgage
provider and a title provider.
7. The method of claim 1, further comprising scheduling a showing
of the selected real estate property online.
8. The method of claim 7, further comprising displaying to a buyer
party a calendar indicating available showing times.
9. The method of claim 1, further comprising electronically communicating
comparable information for the selected real estate property to
at least one of a seller and a buyer.
10. The method of claim 9, wherein electronically communicating
comparable information for the selected real estate property includes
accessing a transaction database including transactional information
for a plurality of real estate transactions.
11. The method of claim 10, further comprising accessing the transaction
database to detect a covert transaction for the selected real estate
property.
12. The method of claim 1, further comprising collecting a commission
from the seller party in response to completion of a real estate
transaction for the selected real estate property.
13. The method of claim 12, wherein the commission is based on
a percentage of the transaction price.
14. The method of claim 13, wherein the commission is one percent
of the transaction price.
15. The method of claim 12, wherein the commission is a fixed fee.
16. The method of claim 12, wherein collecting the commission includes
collecting the commission using an electronic payment transaction.
17. The method of claim 1, further comprising collecting a fixed
fee from the seller party for listing the selected estate property
in the property database.
18. The method of claim 1, further comprising collecting a fee
from the seller party for an enhanced service provided thereto.
19. The method of claim 1, further comprising collecting earnest
money from the buyer party using an electronic payment transaction.
20. The method of claim 19, wherein collecting earnest money from
the buyer party includes electronically depositing the earnest money
in an escrow account.
21. The method of claim 1, wherein electronically communicating
the real estate transaction document includes conducting negotiations
for a purchase contract for the selected real estate property entirely
through electronic communications.
22. The method of claim 21, wherein conducting negotiations for
the purchase contract for the selected real estate property are
performed entirely through electronic communications between a seller
and a buyer.
23. The method of claim 1, wherein electronically communicating
the real estate transaction document includes communicating a disclosure
document to the buyer party.
24. The method of claim 23, wherein electronically communicating
the real estate transaction document further includes: (a) receiving
disclose information from the seller party via an online interface;
(b) generating the disclosure document from the disclosure information.
25. The method of claim 1, further comprising proactively notifying
the buyer party of property records in the property database that
match a search criteria input by the buyer party.
26. The method of claim 1, further comprising: (a) electronically
receiving property information for the selected real estate property
from the seller party; and (b) electronically generating the property
record from the property information received from the seller party.
27. A method of negotiating a contract, the method comprising:
(a) electronically generating an offer by revising, under the direction
of a first party, an electronic form including an immutable contract
term and a mutable contract term, wherein revising the electronic
form includes configuring the mutable contract term; (b) electronically
transmitting the electronic form to a second party with the electronic
form incorporating the configuration made by the first party; (c)
electronically generating a counteroffer by revising the electronic
form under the direction of the second party, wherein electronically
generating the counteroffer includes modifying the mutable contract
term; (d) electronically transmitting the electronic form to the
first party with the electronic form incorporating the revision
made by the second party; and (e) electronically tracking revisions
to the electronic form.
28. An apparatus, comprising: (a) a memory; and (b) a program resident
in the memory and accessible by a buyer party and a seller party,
the program configured to store property information received from
the seller party over a computer network, and to electronically
communicate a real estate transaction document to one of the seller
party and the buyer party for use in conducting a transaction between
a seller and a buyer for the selected property wherein the program
is further configured to electronically communicate the real estate
transaction document by at least one of communicating an offer,
communicating a counteroffer, communicating a rejection and communicating
an acceptance to one of the seller party and buyer party over the
computer network, to electronically communicate the real estate
transaction document by conducting negotiations for a purchase contract
using an online real time interactive communications interface,
and to concurrently maintain separate private interactive communications
between the buyer party and one of a seller and a seller's agent
from the seller party, and between the seller and the seller's agent,
while conducting negotiations for the purchase contract.
29. The apparatus of claim 28, wherein the program is further configured
to electronically communicate the real estate transaction document
by electronically transmitting the real estate transaction document
to one of the seller and buyer.
30. The apparatus of claim 29, wherein the program is further configured
to: receive contact information from each of the seller and buyer
for the selected real estate property; and to communicate the contact
information for one of the seller and buyer to the other of the
seller and buyer.
31. The apparatus of claim 28, wherein the program is further configured
to electronically communicate the real transaction document by electronically
transmitting the real estate transaction document to one of a seller's
agent and a buyer's agent.
32. The apparatus of claim 28, wherein the program is further configured
to electronically transmit the real estate transaction document
to a transaction facilitating entity, the transaction facilitating
entity selected from the group of an attorney, a mortgage provider,
and a title provider.
33. The apparatus of claim 28, wherein the program is further configured
to schedule a showing of the selected real estate property online.
34. The apparatus of claim 33, wherein the program is further configured
to display to a buyer party a calendar indicating available showing
times.
35. The apparatus of claim 28, wherein the program is further configured
to electronically communicate comparable information for the selected
real estate property to at least one of a seller and a buyer.
36. The apparatus of claim 35, wherein the program is further configured
to electronically communicate comparable information for the selected
real estate property by accessing a transaction database including
transactional information for a plurality of real estate transactions.
37. The apparatus of claim 36, wherein the program is further configured
to access the transaction database to detect a covert transaction
for the selected real estate property.
38. The apparatus of claim 28, wherein the program is further configured
to collect a commission from the seller party in response to completion
of a real estate transaction for the selected real estate property.
39. The apparatus of claim 38, wherein the program is further configured
to collect the commission by collecting the commission using an
electronic payment transaction.
40. The apparatus of claim 28, wherein the program is further configured
to collect earnest money from the buyer party using an electronic
payment transaction and to electronically deposit the earnest money
in an escrow account.
41. The apparatus of claim 28, wherein the program is further configured
to electronically communicate the real estate transaction document
by conducting negotiations for a purchase contract for the selected
real estate property entirely through electronic communications.
42. The apparatus of claim 41, wherein the program is further configured
to conduct negotiations for the purchase contract for the selected
real estate property entirely through electronic communications
between a seller and a buyer.
43. The apparatus of claim 28, wherein the program is further configured
to electronically communicate the real estate transaction document
by communicating a disclosure document to the buyer party.
44. The apparatus of claim 43, wherein the program is further configured
to electronically communicate the real estate transaction document
by receiving disclosure information from the seller party via an
online interface, and generating the disclosure document from the
disclosure information.
45. The apparatus of claim 28, wherein the program is further configured
to proactively notify the buyer party of property records in the
property database that match a search criteria input by the buyer
party.
46. A program product, comprising: (a) a program configured to
be accessed by a buyer party and a seller party, the program configured
to store property information received from the seller party over
a computer network, and to electronically communicate a real estate
transaction document to one of the seller party and the buyer party
for use in conducting a transaction between a seller and a buyer
for the selected property, wherein the program is further configured
to electronically communicate the real estate transaction document
by at least one of communicating an offer, communicating a counteroffer,
communicating a rejection and communicating an acceptance to one
of the seller party and buyer party over the computer network, to
electronically communicate the real estate transaction document
by conducting negotiations for a purchase contract using an online
real time interactive communications interface, and to concurrently
maintain separate private interactive communications between the
buyer party and one of a seller and a seller's agent from the seller
party, and between the seller and the seller's agent, while conducting
negotiations for the purchase contract; and (b) a signal bearing
medium bearing the program.
47. A program product of claim 46, wherein the signal bearing medium
comprises at least one of a recordable medium and a transmission
medium.
Real estate description
FIELD OF THE INVENTION
The invention is generally related to computers and computer software,
and to the provision of real estate brokerage and associated services
to users coupled to an electronic communications medium.
BACKGROUND OF THE INVENTION
Selling and buying real property is generally a time-consuming
process requiring the assistance of several professional services
at a considerable cost. The typical seller is unfamiliar with the
marketing required to sell their property and cannot access marketing
channels used by real estate agents, such as the Multiple-Listing
Service (MLS). Also, the typical seller does not have sufficient
familiarity with comparable sales in their area to assess the market
price for their property. If a potential buyer is located, the typical
seller does not have the legal resources necessary to negotiate
a purchase contract and to close the transfer. Consequently, sellers
often use seller agents to list and show the property for significant
commissions, as much as 6% or 7% of the sale price, even when the
agents perform a very small service. In addition, sellers typically
do not have the ability to sell by owner on an equal footing, and
thus may have no real alternative other than paying the large commission.
Typical buyers are at a similar disadvantage in finding and purchasing
real property such as a home. Often buyers are unfamiliar with the
area and what properties are listed for sale. Even if able to access
a publicly-available Multiple-Listing Service (MLS), buyers generally
cannot gain access to sales data to assess reasonable market values.
Once a property is located, the typical buyer does not have the
legal resources necessary to negotiate a purchase contract and to
close the transfer.
Real estate transactions are typically accomplished through an
assortment of communication systems that are largely not integrated
and often not even electronic communication. Each party (e.g., buyer,
buyer's agent, seller, seller's agent, title provider, mortgage
provider, real estate attorney, inspectors) generally keep their
own personal schedules. The parties have to contact one another
to establish appointments. This may be exceedingly difficult if
more than two of the parties have to find mutually convenient times.
Also, having to contact parties by telephone is often inadequate
due to unavailability.
Moreover, the myriad of scheduling details that occur in negotiating
and closing a purchase contract for real estate property can easily
be overlooked. For example, a buyer and the seller may be unaware
that state regulations require certain inspections or that certain
types of mortgage applications (e.g., VA loan) require a certain
period of time and additional procedures (e.g., termite inspection).
Consequently, these parties may not even be aware of these scheduling
considerations when negotiating a purchase contract.
Attempting to avoid the high commission of real estate agents means
difficulty in negotiating the purchase contract. Sellers and buyers
may not have ready access to an appropriate form purchase contract.
Assistance in completing the form purchase contract may not be available
at minimal cost. In addition, the physical shuttling of offers and
counter offers between the parties may impose a time consuming burden,
and may make negotiating more emotionally difficult. Also, tracking
the number of changes to the purchase contract during negotiation
is difficult, especially given methods of modification including
handwritten changes and faxed changes. Furthermore, a party making
the pending offer may benefit from knowing whether the other party
has received the document without giving an impression of being
anxious.
SUMMARY OF THE INVENTION
The invention addresses these and other problems associated with
the prior art by providing an apparatus, program product and method
that assist in the automated and efficient provision of real estate
services, particularly in the area of facilitating real estate sales
transactions.
Consistent with one aspect of the invention, brokering a real estate
transaction is facilitated by electronically communicating property
information to potential buyers over a computer network such as
the Internet. The property information is stored in a property database.
The transaction is facilitated by one or more real estate documents
retrievable by the buyer or the seller. By managing the flow of
information electronically, the need for professional assistance
is minimized, along with the associated costs.
Consistent with another aspect of the invention, negotiation during
a transaction includes electronically generating an offer by revising
an electronic form under the direction of the first party, either
the seller or the buyer. This electronic form includes immutable
contract terms and mutable contract terms. The buyer or seller making
the offer is interactively assisted in completing the form. The
revised electronic form is electronically transmitted to the other
party. The second party may subsequently generate a counter offer
by supervising changes to the mutable contract terms and by having
the counter offer electronically transmitted to the first party.
Each version of the electronic form is tracked as to status and
content.
Consistent with a further aspect of the invention, execution of
the transaction is facilitated by receiving disclosure information
from a seller via electronic communication so the disclosure information
may be stored, associated with a property record identifying a real
estate property, and electronically communicated to another party,
such as a buyer or a third-party facilitator.
Consistent with an additional aspect of the invention, conduct
of the transaction is facilitated by receiving scheduling information
from the buyer party and/or the seller party via electronic communication
to the other party.
These and other advantages and features, which characterize the
invention, are set forth in the claims annexed hereto and forming
a further part hereof. However, for a better understanding of the
invention, and of the advantages and objectives attained through
its use, reference should be made to the Drawings, and to the accompanying
descriptive matter, in which there are described exemplary embodiments
of the invention.
BRIEF DESCRIPTION OF THE DRAWINGS
FIG. 1 is a block diagram of a computer network consistent with
the invention.
FIG. 2 is a block diagram of an exemplary hardware and software
environment for a computer from the computer network of FIG. 1.
FIG. 3 is a block diagram illustrating the primary software components
utilized by the computer network of FIG. 1 in a real estate application,
including an illustration of electronic communication between a
buyer party, a seller party and a brokerage system.
FIG. 4 is a block diagram of a property record from the property
database of FIG. 3.
FIG. 5 is a depiction of a home screen of an online real time interactive
communication interface used by a buyer party or a seller party
for electronic communication with the computer network of FIGS.
1-3.
FIG. 5A is a depiction of a custom profile screen of the online
real time interactive communication interface of FIG. 5.
FIG. 5B is a depiction of an online real time interactive communications
interface for confidential, concurrent electronic communication
between a buyer party and a seller party with an accompanying electronic
purchase contract.
FIG. 5C is a depiction of an online real time interactive communication
interface for generating a disclosure document from disclosure information
received from a seller party.
FIG. 6 is a flow chart illustrating the sequence of operations
by a main routine of the computer network of FIGS. 1-3 for performing
the electronic communication and utilizing the primary software
components of FIG. 3.
FIG. 7 is a flowchart illustrating the sequence of operations performed
by the seller and the computer network to list a sale property for
the main routine referenced in FIG. 6.
FIG. 8 is a flowchart illustrating the sequence of operations performed
by the buyer and the computer network to search the property database
of FIG. 3 for the main routine referenced in FIG. 6.
FIG. 9 is a flowchart illustrating the sequence of operations performed
by the buyer, the seller, and the computer network to negotiate
sale of a property found in the search routine of FIG. 8 for the
main routine referenced in FIG. 6.
FIG. 10 is a flowchart illustrating the sequence of operations
performed by the buyer, the seller, and the computer network to
close the sale of the property negotiated in FIG. 9 for the main
routine referenced in FIG. 6.
FIG. 11 is a flowchart illustrating the sequence of operations
performed by the computer network for post-transaction monitoring
for the main routine referenced in FIG. 6.
FIG. 12 is a flowchart illustrating the sequence of operations
performed by the seller and the computer network for creating or
modifying a seller custom profile for the main routine referenced
in FIG. 6.
FIG. 13 is a flowchart illustrating the sequence of operations
performed by the buyer and the computer network for creating or
modifying a buyer custom profile for the main routine referenced
in FIG. 6.
DETAILED DESCRIPTION
Hardware and Software Environment
Turning to the Drawings, wherein like numbers denote like parts
throughout the several views, FIG. 1 illustrates a real estate computer
network 10 consistent with the invention. Real estate computer network
10 operates as a computing platform for providing real estate services
to a plurality of sellers 12 and buyers 13 coupled thereto over
an electronic communications network 14. Buyers 13 and sellers 12
may couple to the real estate computer network 10 through any number
of electronic communications media, e.g., a global public network
such as the Internet 16.
The real estate computer network 10 includes a network server 18
containing a property database 20, and the network server 18 is
coupled to a brokerage system computer 22, such as over a network
or through a global public network such as the Internet 16, although
network server 18 and the brokerage system computer 22 may be encompassed
within one system or device. The real estate computer network 10
is also shown coupled to a facilitator computer 24, a payment transaction
computer 26 for electronic payment transactions for fees such as
a commission (e.g., credit card charge), and to a sales computer
28 containing a sales database 30.
An advantage of the real estate computer network 10 that will become
apparent through the discussion herein is to reduce or eliminate
the need for a seller 12 and a buyer 13 to work through real estate
agents. However, for certain embodiments or due the preferences
or limitations of a buyer 13 or seller 12, an agent may be used.
Consequently, hereafter a seller party 12 may be used to denote
a seller 12 and/or those working for the seller 12 such as a seller's
agent. Similar, a buyer party 13 may be used to denote a buyer 13
and/or those working for the buyer 13 such as a buyer's agent.
FIG. 2 illustrates in another way an exemplary hardware and software
environment for an apparatus 50 consistent with the invention. For
the purposes of the invention, apparatus 50 may represent practically
any type of computer, computer system or other programmable electronic
device, including a seller computer 12, a buyer computer 13, a brokerage
system computer 22 or any of a number of computers in real estate
network 10 (FIG. 1). Each such computer may be implemented as a
desktop computer, a server computer, a workstation, a portable computer,
a handheld computer, an embedded controller, or another other type
of single- or multi-user computer. Apparatus 50 may be coupled in
a wired or wireless network 10 as shown in FIG. 1, or may be a stand-alone
device in some implementations. Apparatus 50 will hereinafter also
be referred to as a "computer", although it should be
appreciated the term "apparatus" may also include other
suitable programmable electronic devices consistent with the invention.
Computer 50 typically includes at least one processor 52 coupled
to a memory 54. Processor 52 may represent one or more processors
(e.g., microprocessors), and memory 54 may represent the random
access memory (RAM) devices comprising the main storage of computer
50, as well as any supplemental levels of memory, e.g., cache memories,
nonvolatile or backup memories (e.g., programmable or flash memories),
read-only memories, etc. In addition, memory 54 may be considered
to include memory storage physically located elsewhere in computer
50, e.g., any cache memory in a processor 52, as well as any storage
capacity used as a virtual memory, e.g., as stored on a mass storage
device 56 or on another computer coupled to computer 50 via network
62.
Computer 50 also typically receives a number of inputs and outputs
for communicating information externally. For interfacing with a
user or operator, computer 50 typically includes one or more user
input devices 60 (e.g., a keyboard, a mouse, a trackball, a joystick,
a touchpad, and/or a microphone, among others) and a display 62
(e.g., a CRT monitor, an LCD display panel, and/or a speaker, among
others). For additional storage, computer 50 may also include one
or more mass storage devices 60, e.g., a floppy or other removable
disk drive, a hard disk drive, a direct access storage device (DASD),
an optical drive (e.g., a CD drive, a DVD drive, etc.), and/or a
tape drive, among others. Furthermore, computer 50 may include an
interface with one or more networks 62 (e.g., a LAN, a WAN, a wireless
network, and/or the Internet, among others) to permit the communication
of information with other computers coupled to the network. It should
be appreciated that computer 50 typically includes suitable analog
and/or digital interfaces between processor 52 and each of components
54-62 as is well known in the art.
Computer 50 operates under the control of an operating system 64,
and executes or otherwise relies upon various computer software
applications, components, programs, objects, modules, databases,
data structures, etc. (e.g., as represented by application 66).
Moreover, various applications, components, programs, objects, modules,
etc. may also execute on one or more processors in another computer
coupled to computer 50 via a network 62, e.g., in a distributed
or client-server computing environment, whereby the processing required
to implement the functions of a computer program may be allocated
to multiple computers over a network.
In general, the routines executed to implement the embodiments
of the invention, whether implemented as part of an operating system
or a specific application, component, program, object, module or
sequence of instructions will be referred to herein as "computer
programs", or simply "programs". The computer programs
typically comprise one or more instructions that are resident at
various times in various memory and storage devices in a computer,
and that, when read and executed by one or more processors in a
computer, cause that computer to perform the steps necessary to
execute steps or elements embodying the various aspects of the invention.
Moreover, while the invention has and hereinafter will be described
in the context of fully functioning computers and computer systems,
those skilled in the art will appreciate that the various embodiments
of the invention are capable of being distributed as a program product
in a variety of forms, and that the invention applies equally regardless
of the particular type of signal bearing media used to actually
carry out the distribution. Examples of signal bearing media include
but are not limited to recordable type media such as volatile and
non-volatile memory devices, floppy and other removable disks, hard
disk drives, magnetic tape, optical disks (e.g., CD-ROM's, DVD's,
etc.), among others, and transmission type media such as digital
and analog communication links.
In addition, various programs described hereinafter may be identified
based upon the application for which they are implemented in a specific
embodiment of the invention. However, it should be appreciated that
any particular program nomenclature that follows is used merely
for convenience, and thus the invention should not be limited to
use solely in any specific application identified and/or implied
by such nomenclature.
Those skilled in the art will recognize that the exemplary environments
illustrated in FIGS. 1 and 2 are not intended to limit the present
invention. Indeed, those skilled in the art will recognize that
other alternative hardware and/or software environments may be used
without departing from the scope of the invention.
Real Estate Transaction Services
The various aspects of the invention will now be described in greater
detail in connection with the provision of real estate transaction
services by a plurality of buyer parties 13, including buyers and/or
buyer agents, and by a plurality of seller parties 12, including
sellers and/or seller agents, via a computer network, represented
at 10 in FIG. 3. In particular, FIG. 3 illustrates in greater detail
the electronic communication (i.e., flow of information) between
a buyer 13, a brokerage system 22, a seller 12, and perhaps third
parties such as a facilitator 24 (e.g., a lawyer, mortgage provider,
and/or title provider) and payment transaction system 26.
The electronic communication performed by the real estate computer
network 10 may include various types and formats for various functions
such as messaging, notifying, scheduling, and document transmittal.
The content of the electronic communication may include audio, text
and graphical information transmitted over wires or wireless channels
and converted to a human legible form by a computer, fax machine,
voice telephone mailbox, pager, automated message to a telephone,
hand-held personal assistant, an/or e-mail system.
One particularly important aspect of facilitating of real estate
transactions in the manner described herein is providing an online
real time interactive communications interface to both sellers 12
and buyers 13 to facilitate transacting real estate sales, especially
in a confidential fashion. Having a property database 20 accessible
by both the buyer 13 and the seller 12 provides the means whereby
the parties can find one another. Moreover, having electronic communication
between the parties allows for another important aspect of facilitating
real estate transaction, electronically communicating a real estate
document to either the buyer 13 or the seller 12 to facilitate the
transaction. In particular, the electronically communicating the
real estate transaction document may include negotiations for a
purchase contract for a selected real estate property entirely through
electronic communications. Legal authorization for such entirely
electronic communication may require recognition of some form of
document certification such as a digital signature. If negotiation
by entirely electronic communication is not legally authorized or
desired, traditional professional services through a real estate
facilitating entity may be used to continue with the real estate
transaction.
Another important aspect of the facilitating of real estate transactions
in the manner described herein is tracking interactions made with
the system for a number of advantages. Sellers 12 may benefit from
knowing what the virtual "foot traffic" is for their property
so that they may gauge the effectiveness of their listing. The brokerage
system 22 needs to know usage of certain features that would warrant
payment. Parties to a negotiation of a purchase contract 96 would
benefit from knowing whether the other party has received a document
such as counteroffer. Moreover, the recipient of such a counteroffer
would benefit from tracking all changes made to the purchase contract
96 during the negotiation. In addition, listing, finding, negotiating
and closing the sale of a real estate property requires a large
number of scheduling considerations. Having a way to track, display,
update and notify parties of scheduling associated with a real estate
transaction is a more efficient answer than relying on telephone
calls and unconnected scheduling systems. Integrating real estate
transactions with buyers 13 and sellers 12 virtually connected enables
a number of advantages for tracking usage by parties 12, 13 and
real estate transaction documents.
Provision of these features is illustrated by the electronic communication,
or flow of information, between the seller 12 and the buyer 13.
It will be appreciated that although the brokerage system 22 is
not depicted as directly connected to each component of FIG. 3,
that the brokerage system 22 coordinates the real estate computer
network 10 in a way that usage and actions are appropriately tracked
and scheduled, as will become more apparent in the discussion below
regarding the sequentially organized flowcharts for the real estate
computer network 10.
As depicted by the diagram of FIG. 3, a large array of desirable
or required services and electronic communication connections between
parties are shown via the convenience of a computer 50. It will
be apparent that although having the full complement available as
described herein is advantageous, various elements and aspects of
the embodiments described herein could be omitted, or offered independently
of one another, in other applications. In addition, it is anticipated
that bundling additional real estate services not specifically illustrated
here would be beneficial in some applications.
The real estate computer network 10 includes electronic communication
between the seller 12 and a seller custom profile 80, allowing the
system to access such information about and preferences of the seller
12 including how to contact, scheduling considerations, etc. Moreover,
payment information such as secure storage of credit card billing
information for enhanced services may be included. Similarly, the
buyer 13 electronically communicates with a buyer custom profile
82 for a similar purpose. The brokerage system 22 electronically
communicates with custom profiles 80, 82 in order to coordinate
services for the parties 12, 13.
The seller custom profile 80 includes property information associated
with a real estate property, and perhaps a plurality of such properties
that are concurrently listed, although an illustrative case of one
property is described herein. The brokerage system 22 communicates
with the property database 20 to make this information available
to buyer 13. The buyer 13 would access the property information
via an electronic request to search or notify the buyer 84 of properties
matching certain selected criteria to a search engine 86 which queries
the property database 20. Advantageously, the search engine 86 may
return a listing of appropriate properties so that the buyer 13
may select those for which detailed property information is required
rather than providing all of the property information without further
selection. This specific request would identify a specific property
for which the buyer 13 is particularly interested. This contact
information may be tracked for purposes such as showing "foot
traffic" for the seller 12. Also, this contact information
can be a trigger for sales verification 88 by the brokerage system
22 to insure commission payment when warranted. Thus, a transaction
database 90 may receive information from, and be queried by the
brokerage system 22 and provide limited information to the seller
12. In addition, the transaction database 90 may provide a watch
list for property/seller/buyer combinations to be monitored for
a period of time by sales verification 88.
Sales verification 88 is an important aspect of the real estate
computer network 10 since payment for the services may largely arrive
at the closing of a real estate transaction in the form of a fixed
fee or percentage commission (e.g., one percent). If the buyer 13
and seller 12 choose to proceed outside (i.e., covert transaction)
of the computer network 10, such commission may be lost. However,
an advantage of the real estate computer network 10 is that usage
that triggers the right to a commission under an agreement with
the seller 12 and/or lie buyer 13 may be tracked. If the transaction
is discontinued, the brokerage system 22 utilizes sales verification
88 to monitor a sales database 30, such as an MLS system or public
databases of recorded deeds for these parties and the associated
property.
Having electronic communications with a sales database 30 provides
an additional feature of allowing search for comparable sales by
utilizing a comparables search 92 component accessible by the buyer
13 and the seller 12 to query the sales database 30. This capability
allows the parties 12, 13 to ascertain a market price or price range
for a property.
Facilitating the negotiation and closing of a real estate transaction
is further assisted by assistance from a scheduling database 94
and elements required to negotiate a purchase contract, such as
an electronic purchase contract 96, electronic disclosure document
98, and electronic contract tracking 99. A scheduling database 94
allows various parties to determine available time for required
parties to attend showings or to complete contract contingencies,
such as inspections or closings. Moreover, such a scheduling database
94 can remind parties of required or suggested appointments and
avoid conflicting appointments. Such a scheduling database 94 may
utilize existing commercial groupware.
Negotiations in particular may be enhanced by the electronic purchase
contract 96 which contains immutable contract terms which should
remain to avoid possible illegal or ill-advised contract terms or
omissions. The electronic purchase contract 96 is an example of
a real estate document that may be electronically communicated by
the parties to facilitate the transaction. Confidence in such terms
may be advanced by incorporating state realty board recommended
contracts appropriate for the property location. The electronic
purchase contract 96 further includes mutable contract terms that
are modified, selected, or completed by the parties. Examples would
include sales price, fixtures or chattel to be included or excluded
from the sale, earnest money to be held in escrow, closing date,
occupancy date, additional inspections, risk borne for defects,
etc. Just as the custom profiles 80, 82 may advantageously guide
the parties 12, 13 in correctly providing contact and property information,
the electronic purchase contract 96 may include error checking and
help resources. In addition, the electronic purchase contract 96
may utilize electronic contract tracking 99 to capture each change
to the electronic purchase contract 96 to assist in negotiation
and in any eventual interpretation of an executed contract should
a dispute arise. Not only would versions of the electronic purchase
contract 96 be tracked, but also which party proposed and accepted
or rejected each version, along with the date. Advantageously, the
tracking would include a pending status as to whether the receiving
party has been notified and has reviewed the latest offer or counteroffer.
The disclosure document 98 is depicted separate from the electronic
purchase contract 96 since the seller 12 may provide such a document
before an offer is made, as may be preferable or legally required.
Typically, the disclosure document 98 would thereafter be incorporated
into the electronic purchase contract 96 or be an accompanying document.
It is contemplated that the real estate computer network may be
utilized to achieve the substantial portion of or entire assistance
required by the buyer 13 and seller 12 in the real estate transaction.
However, in some embodiments, especially where required by state
and local regulation, a real estate transaction facilitator 24,
or facilitating entity, may receive documentation from the real
estate computer network 10 in order to complete the transaction.
Such facilitators 24 may include, for instance, a lawyer, a mortgage
provider, and/or a title provider.
The real estate computer network 10 may further include a range
of associated services 100 shown electronically communicating with
the buyer 13 and the seller 12. For example, associated services
100 may include an electronic application to a mortgage provider,
contact information such as hypertext markup language (HTML) links
to services such as home inspection and movers, and information
resources such as a mortgage calculator 224 so that the buyer 13
may focus a home search and negotiations to an affordable price
range.
Referring to FIG. 4, a block diagram of a property record 102 for
the property database 20 of FIG. 3 is provided. Thus, property information
for a specific real estate property would be contained within the
property record 102. An illustrative listing of fields in the property
record 102 include a property description 104 which includes information
such as contained in a Multiple-Listing Service (e.g., number, type
and dimension of rooms; address; directions to the property; fixtures
and features; acreage). Taking advantage of the efficiencies inherent
in an interactive communications interface, as will be described
for FIG. 5, a seller 12 would be assisted in providing such property
description 104 in a number of ways. In particular, graphical user
interfaces such as often used for a computer 50 would allow familiar
pull-down menus, radio buttons, pop-up help information, scrollable
text boxes, etc.
Moreover, the real estate computer network 10 may perform data
checking and prompt the seller 12 for more information or corrections.
For example, a prompt may occur if the seller 12 entered the number
of rooms in a house and the number was less than the number of bedrooms,
bathrooms and other specific rooms entered. As another example,
a prompt may occur if an important field was left blank. In addition,
a field may require data of a certain type, such as a year within
a certain range for the building date and a dollar figure for the
price. Such receiving of disclosure information from a seller party
12 is thus an improvement over paper forms requiring a person to
check for errors. Moreover, the disclosure information may have
to be created and recreated a number of times, such as by a handwritten
entry by a seller party 12, followed by data entry into a listing
means such as an MLS, and further followed by data entry into a
purchase contract, and yet further followed by data entry into other
documents for a mortgage application and a land title. Each such
data entry may introduce errors and economic cost of labor and delay.
The property record 102 may contain property graphics field or
pointer 106 so that the buyer 13 may view exterior or interior depictions
of the property. Another field or other data structure included
in the property record 102 may be contractual terms 108 supplied
by the seller 12. For example, the seller 12 may have non-negotiable
or initial negotiating positions such as sale "as-is,"
occupancy no sooner than a specific a date or a given interval,
etc. The record may contain a scheduling database pointer 110 to
the scheduling database 94, or other such data structure so that
the buyer 13 may initiate a showing, for instance. The property
record 102 may contain a contract period field 112 utilized by the
seller 12 and the brokerage system 22 in determining the period
wherein the seller 12 is committed to the listing contract. The
property record 102 may contain a usage tracking pointer 114 or
other information storage such as a counter so that the seller 12
may monitor virtual "foot traffic" or hits for the listing.
Also, the property record 102 may contain a sales verification pointer
116 or other means to designate the property as being on a watch
list for subsequent sale outside of the listing contract.
Although a flat file is depicted as a property record 102 in FIG.
4, it would be readily apparent to those skilled in the art that
a number of database and data structures may be used to store and
access such fields 104-116. Moreover, such data structures may be
distributed throughout a number of data structures and storage media.
Furthermore, the listing of fields 104-116 is an illustrative list
whereas fewer fields or additional fields may be used. In addition,
the various databases depicted in FIGS. 3-4 may specifically be
combined or further decentralized.
The electronic communication between users such as the buyer 13
and the seller 12 described for FIG. 3 may advantageously be performed
as depicted in FIG. 5 with an online real time interactive communication
interface 120 such as by the browser window or browser 122 on a
computer screen 124 displaying a portion of the real estate transaction
application 66. The illustrative depiction includes a series of
selectable buttons 130-146 allowing the buyer 13 and seller 12 to
readily access desired features. Specifically shown is a "HOME"
button 130 to readily return to the top-level page; an "ABOUT
US" button 132 to review material about the real estate computer
network 10 or its controlling entities; a "BUYER" button
134 to go to features specific for a potential buyer 13; a "SELLER"
button 136 to go to features specific for a seller 12; a "MY
ACCOUNT" button 138 for those having a custom profile 80, 82
so that information specific to this party 12, 13 may be provided;
a "LIST HOME" button 140 for potential listing sellers
12; a "CONTACT US" button 142 for inquiries to the real
estate computer network 10; a "SEARCH HOME" button 144
for potential buyers 13 to utilize the search engine 86; and a "FAQ'S"
button 146 to provide information regarding services provided on
the real estate computer network 10. In addition, other buttons
such as blank button 148 may be included that could be defined by
the party 12, 13.
The interface 120 is shown including a "LOGIN NAME" data
entry box 150 and "PASSWORD" data entry box 152 to allow
confidentiality and ready access to individualized content. Initiating
the login is accomplished by selecting a "LOGIN" button
154. For those unfamiliar with the services of the real estate computer
network 10, two buttons, "I AM A BUYER" button 156 and
"1 AM A SELLER" button 158 allow rapid access to important
information for first-time users.
Logging into a custom profile 80, 82 may include going to an individualized
screen 124, such as is depicted in FIG. 5A. Advantageously, such
an individualized screen 124 may have predictable locations and
formats for information regardless of which property is associated
with the login, whether the party is a buyer 13 or seller 12, and
on the phase of the transaction (e.g., searching, negotiating, closing).
Thus, a scheduling box 160 provides an interactive display and data
entry means for working with the scheduling database 94. A systems
notification box 170 allows for automatic alerts of approaching
deadlines, exceeded deadlines, completion of tasks, etc. A messages
and documents received box 180 may provide a graphical user interface
120 to electronic documents received from other parties or received
from the user. Also, a quick links box 190 allows for retention
of links to properties selected by a potential buyer 13, for instance,
or links to services appropriate for inspecting a house after negotiating
a purchase contract, etc.
Referring to FIG. 5B, an online interactive communication interface
124 illustrates how confidential, concurrent electronic communication
may be achieved in some instances to negotiate an electronic purchase
contract 96, or similar inter-party communication. Buyer party window
191 would show information appropriate for a multi-party communication
between a buyer 13, a buyer's agent, and a seller party 12. Buyer
party window 191 thus would show the buyer 13 and the buyer's agent
messages between themselves and also a message to the seller party
12. However, only the message C from the buyer agent to the seller
would be visible to the seller party 12. Similarly, seller party
window 192 shows a message B from the seller with any other messages
hidden from the buyer 13 and buyer's agent. Moreover, multiple parties
may be interacting with interface 124 on behalf of the seller 12
and communicating confidentially to the seller 12 without the awareness
of the buyer 13.
Also depicted in FIG. 5B is an electronic purchase contract 96
having mutable contract terms 194, specifically a fill-in closing
date field and a radio button selection for mortgage application
wherein "VA" is selected. The electronic purchase contract
96 also has immutable contract terms 195 displayed. Another feature
of electronic purchase contract 96 is the annotation "[ABC:
DD/MMYY]" after "VA" denoting the initials of the
party adding the "VA" selection and the date made. Such
comments would advantageously be displaced and stored for retaining
the full chronology of versions of the electronic purchase contract
96.
Referring to FIG. 5C, another example of a real estate transaction
document is depicted. A disclosure document 98 is generated by the
real property computer network 10 from both immutable terms, such
as instructions 196 to assist the seller in providing disclosure
information, and mutable terms, such as water supply data fields
197, wherein the seller is provided radio buttons to select between
public, private, well, and cistern and has selected private. The
immutable terms 196 may advantageously be derived from state realty
board approved disclosure forms. The mutable terms 197 may be bounded
by suggested or required fields also from the approved disclosure
forms, wherein the seller party 13 provides disclosure information.
The online interactive communication interface 124 facilitates the
electronic communication of disclosure information from the seller
party 12 and may similarly electronically communicate, such as by
electronic transmission, to the buyer party 13 as shown in FIG.
5B.
Generation of the electronic real estate documents (e.g., electronic
purchase contract 96 and electronic disclosure document 98) shown
in FIGS. 3, 5B, and 5C may be accomplished by storing a word processing
template on a computer in the real estate computer network 10. Information
supplied by the buyer party 13 or the seller party 12 may be merged
with the word processing template and stored as a document or the
mutable terms may be stored separately as a record in a database.
The latter may have advantages in reduced storage requirements.
Annotations as to revision history and status of review may be similarly
merged into the stored document or stored separately as records.
It would be apparent to those skilled in the art that a broad range
of graphical user interfaces and other electronic communication
approaches may be practiced. For example, formats suitable for small
portable devices may be provided. Screens customized for a buyer
13 and for a seller 12 may be provided. Also, additional functionality
may be obtained by having such functions integrated with other email
and scheduling software.
Although a number of software design approaches would be appropriate
for providing the electronic communication features described above,
one such software object hierarchy is depicted in FIG. 6 for a main
routine 200. Such segregation of software objects allows for developing
portions of a real estate computer network at various stages, to
decentralize processing of such objects, and other advantages. Specifically
shown is a list sale property routine 202, search property database
routine 204, negotiate sale routine 206, closing actions routine
208, post-transaction monitoring 210, a seller custom profile routine
212, and a buyer custom profile routine 214, all of which are described
in more detail below.
Main routine 200 is shown having illustrations of associated services
216 beginning with a search comparable sales object 218 which allows
an interactive search engine for the buyer 13 or the seller 12 to
find comparable sales to the selected property to assist in determining
a market price. This is typically a service requiring a real estate
agent or a real estate appraiser and is generally not available
to the public. Consequently, this feature may be deemed an enhanced
service for which an additional fee is secured, such as through
a credit card charge.
Another associated service 216 shown is an "ask the agent"
object 220, which may be deemed an enhanced service warranting additional
fees, whereby a prospective listing seller 12 or potential buyer
13 can have specific questions answered regarding the real estate
transaction process, especially if foregoing the expense of having
an agent. Some questions may be too specific to handle with a FAQ's
or other predetermined means.
Yet another associated service 100 shown is a document delivery
object 222 whereby real estate documents and forms, for instance,
may be retrieved. Also, shown is an online electronic mortgage calculator
object 224 and an online electronic mortgage application object
226, the latter may be links to mortgage providers or actual online
applications.
The list sale property routine 202 referenced in the main routine
200 of FIG. 6 is shown in FIG. 7 as a flowchart sequence of operations
performed by the seller 12 and the real estate computer network
10. First, the routine 202 receives property information from the
seller 12 that is entered into a property record 102 (block 230).
Thereafter, the listing contract is displayed (block 232) to ensure
that the seller 12 agrees to paying a commission for services, for
instance. If the seller 12 does not accept the listing contract
(block 234), then routine 202 is done (block 236) and the seller
12 is returned without adding the property record 102 to the property
database 20.
If the seller 12 does accept in block 234, then disclosure information
may be entered, if desired or required (block 238). Then a determination
is made whether the seller 12 chooses to schedule showings for the
property (block 240), and if so, the schedule is entered for showings
(block 242).
The interactive scheduling may be accomplished by many techniques
known to those skilled in the art. For example, a text or graphical
calendar may be presented for times available and/or not available
to the other party. The party desiring an appointment may be allowed
to add the appointment by sending a message such as an e-mail message
that, if accepted by the other party, would automatically be added
to both parties' schedules. After scheduling is accomplished or
omitted, then the property record 102 is added to the property database
20 to be accessible by a buyer 13 (block 244). The property information
may be electronically communicated to other listing services such
as a Multiple-Listing Service (MLS) (block 246). Routine 202 then
provides various contracts and forms to the seller 12 as appropriate
and required (block 248). For example, physical copies of the listing
contract may be sent by mail. Also, marketing information may be
sent to the seller 13, such as signage and guidelines for making
a home presentable for a showing (block 250). The latter may also
be deemed an enhanced service that is provided in return for a fixed
payment.
Typically, a listing contract is for a fixed period of time, thus
in block 252 a determination is made as to whether 30 days or less
remains until the contract period of the listing contract expires.
If not, then routine 202 continues to wait by repeating block 252.
If within the thirty day period in block 252, then a notice is sent
to the seller 12 to renew (block 254). Then routine 202 waits for
the contract period to expire, unless action is taken outside of
this routine to renew the contract or a purchase contract 96 is
entered into by a buyer 13 and the seller 12 (block 256). Otherwise,
if the contract period is deemed to have expired in block 256, then
the property record 102 is removed from the property database 20
and the seller 12 is notified (block 258). The listing is then added
to a watch list for sales verification 88 (block 260). Thereafter,
routine 202 is done and returns (block 262).
It will be appreciated that a number of monitoring routines are
discussed as part of a single routine or different routines and
on various computers; however, the electronic communication inherent
in the real estate computer network 10 allows for flexibility in
configuring such monitoring. For example, a database query may be
initiated through the brokerage system 22 for statistics over the
past quarter with such queries including information contained in
a number of databases. As another example, expiration and renewal
of listing contracts may be different routines initiated by different
computers, such as by 18 and 22, respectively.
The search property database routine 204 referenced in the main
routine 200 of FIG. 6 is shown in FIG. 8 as a flowchart sequence
of operations performed by the buyer 13 and the real estate computer
network 10. Routine 204 begins by the buyer 13 entering property
requirements (block 280), such as price range, location, number
of bedrooms, etc. Then, a search is performed of the property database
20 using the requirements, or criteria, provided, and any property
records 102 matching the criteria are then displayed as a list (block
282). The buyer 13 may be given an option at this point or at other
points to automatically repeat the search later as new properties
are listed (block 284). If so selected, then an automatic search
using the provided criteria is scheduled to be repeated (block 286).
After notification has been set or omitted, then a determination
is made as to whether the buyer 13 has selected to receive detailed
data on a specific property or properties (block 288). If the buyer
13 does not select a property, then routine 204 is done and returns
(block 290). If a listing is selected, then the selection is recorded
(block 292) and the detailed data from the property record 102 is
provided to the buyer (block 294). This two-level organization of
property information is advantageous in situations that would otherwise
provide too large of a result. Also, the specific inquiry is then
used in block 288 to record the selection for purposes such as counting
"foot traffic" or perhaps for marketing purposes or for
allowing the seller 12 to contact the buyer 13. In addition, the
selection may be added to the quick list box 190 of FIG. 5A.
Then an opportunity is made for the buyer 13 to request contacting
the seller 12 (block 296). If no contact is requested, then routine
204 returns to some other state, such as back to the listing of
block 282 or completely out of routine 204 as shown. If the buyer
13 requests seller 12 contact (block 296), then a determination
is made as to whether the buyer 13 has a buyer custom profile 82
(block 298). If not, then the buyer 13 is given the opportunity
to create a buyer custom profile 82 (block 300). Once complete,
the buyer 13 may be returned back to block 298 or to some other
point, such as back to block 296 as shown.
If in block 298 the buyer 13 has a custom profile 82, then the
contact information is provided (block 302). This may be in various
forms, such as access to the scheduling information of the seller
12, message entry form or some other means. Preferably such contact
will be through electronic communication through the real estate
computer network 10 so that status of such inquiries may be monitored,
not only for sales verification purposes but also to give status
to parties as to whether the message has been received. In addition,
confidentiality may be maintained.
Thereafter, in block 304 an opportunity may be included for scheduling
a showing. If scheduling a showing is selected in block 304, then
the buyer 13 is allowed to interact with the seller schedule to
find an appropriate time, and advantageously to add the proposed
showing time to the schedule (block 306). After scheduling a showing
is performed in block 306 or omitted in block 304, then the seller
12 is notified respectively in blocks 308, 310. Such notification
may be tailored as suggested by having two steps for the fact that
one includes interacting with the scheduling information. Thereafter,
routine 204 is done and returns (block 312).
The negotiate sale routine 206 referenced in the main routine 200
of FIG. 6 is shown in FIG. 9 as a flowchart sequence of operations
performed by the seller 12, the buyer 13 and the real estate computer
network 10. This routine 206 shows several important aspects of
the invention, providing electronic communication of various types
of information, tracking a large number of actions, and overall
facilitating the transaction through a critical phase that is often
frustrating for buyers 13 and sellers 12, especially without use
of agents. Although other iterative sequences of operations may
be employed within the scope of the invention, the negotiate sale
routine 206 shown does include the capability to iterate offers
and counteroffers. Thus in block 330, a determination is made as
to whether a pending seller counter offer exists, since this embodiment
contemplates that a buyer 13 would initiate the first offer and
this block 330 allows a convenient point for the routine 206 to
iterate. It would be apparent that a first offer may originate from
the seller 12, although this is less common in practice.
If in block 330 there is no pending seller counter offer, then
a determination is made as to whether the buyer 13 chooses to make
an offer (block 332). If not, then routine 206 is done and returns
(block 334). Otherwise, then the buyer 13 is afforded an opportunity
to modify the electronic purchase contract 96 (block 336) and the
version of the electronic purchase contract 96 is recorded (block
338). Thus, the version forwarded may contain annotations denoting
who made entries or changes and on what date, for instance.
Then, a determination is made as to whether earnest money was included
in the offer that should be placed in an escrow account or other
otherwise retained (block 340). If so, the escrow deposit is arranged,
such as by automatically making a credit card charge (block 342).
Afterward, or if escrow was not required in block 340, then the
seller 12 is notified of the offer (block 344).
Sometime thereafter, the seller 12 accesses the offer (block 346)
via the real estate computer network 10. The seller 12 is afforded
an opportunity to accept the offer (block 348). If the seller 12
declines the offer as is often the case, then a determination is
made as to whether the seller 12 chooses to counter offer (block
350). The offer may be so unacceptable that the seller 12 chooses
not to counter offer in block 350, and thus the transaction is added
to the watch list (block 352), the buyer 13 is notified (block 354),
and any escrow money, if any, is returned (block 356), and routine
206 is done and returns (block 358).
Returning to block 348, if the seller 12 accepts the offer, then
the buyer is notified (block 359) and routine 206 is done and processing
proceeds with closing actions routine 208.
If the seller 12 chooses to counter offer in block 350, then the
seller 12 is allowed to modify the electronic purchase contract
96 (block 360), the version is recorded (block 362) and the buyer
13 is notified (block 364). Thereafter, routine 206 returns to the
beginning (block 330) to await action by the buyer 13.
Thus, back at block 330, the determination of a pending seller
counter offer is yes, and routine 206 proceeds to block 366 to allow
the buyer 13 to accept the counter offer. If the buyer 13 does accept
in block 366, then a determination is made as to whether additional
earnest money is required (block 368). If so, the escrow deposit
is arranged (block 370). After the escrow is handled in blocks 368,
370, then the seller 12 is notified of the acceptance (block 372)
and processing proceeds to the closing actions routine 208, described
below.
Returning to block 366 when the buyer 13 does not accept the counter
offer, then a determination is made as to whether the buyer 13 chooses
to counter offer (block 374). If so, then the processing proceeds
to block 336 to allow the buyer 13 to modify the purchase contract,
as previously described. The process may thus iterate for as many
counter offers are necessary. If, however, in block 374 the buyer
13 chooses not to counter offer, then the transaction is added to
the watch list (block 376), the seller 12 is notified (block 378),
any escrow deposit, if any, is returned (block 380), and routine
206 is done and returns (block 382).
The closing actions routine 208 referenced in the main routine
200 of FIG. 6 is shown in FIG. 10 as a flowchart sequence of operations
performed by the seller 12, the buyer 13 and the real estate computer
network 10, typically following the negotiate sale routine 206 previously
discussed.
First the seller 12 selects a commission payment method (block
400), such as a credit card payment effected through the real estate
computer network 10. Then the buyer 13 is notified to provide financing
information within a certain time frame, generally specified in
the negotiated electronic purchase contract (block 402).
Routine 208 then schedules other contractual contingencies for
completion, including sending any documents, physical and/or electronic
copies, to the parties. By or at this point, a physical copy of
the purchase contract 96 may be made and signed by both parties,
especially to satisfy any statutory requirements. A closing date
should be specified, at least a tentative date (block 404).
Thereafter, routine 208 monitors the various dates and inputs from
the parties as to completions of required tasks. An example of such
monitoring begins in block 406 where a determination is made as
to whether new information has been entered by a party to the transaction.
If so, the relevant database or databases are updated and any required
changes made to the schedule (block 408). Afterward, or if no changes
were entered in block 406, then a determination is made in block
410 whether a deadline is approaching. The system would have at
least a default notification period of an approaching deadline if
not otherwise provided. In particular, establishing a closing date
would be a scheduled event that would be flagged for a system exception
if passed before completion. If a scheduled event is within the
notification period, then the parties are notified (block 412).
After checking for approaching deadlines (blocks 410, 412), then
a determination is made as to whether any deadlines have been passed
(block 414).
If not in block 414, then a determination is made as to whether
this is closing day for the transaction (block 416). If not, processing
returns to block 406 to continue monitoring the schedule and for
new information. If this is closing day, then the property is taken
from the active properties listed in the property database 20 (block
418), any escrow deposit is refunded to the buyer 13 (block 420),
the fixed fee or percentage commission is executed for payment,
with post-transaction monitoring scheduled to confirm payment of
the commission (block 422), and routine 208 is done and returns
(block 424).
If in block 414 a deadline had passed, then the parties are notified
(block 426) and a determination made as to whether this deadline
is flagged by the real estate computer network 10 as a deadline
warranting a system exception, such as failing to set a closing
date (block 428). If so, an exception report is generated to the
brokerage system 22 (block 430). After blocks 428, 430, a determination
is made as to whether the missed deadline will be waived or otherwise
rescheduled by the nonbreaching party (block 432). It would be apparent
that some deadlines would be nonmandatory and would be treated as
an automatic waiver. If so waived or rescheduled in block 432, then
processing returns to block 406 to handle the new information and
to continue monitoring the schedule.
If, however, in block 432 the nonbreaching party does not waive
or rescheduled after the missed deadline, then the electronic purchase
contract 96 is canceled (block 434), the transaction is added to
the watch list for sales verification 88 (block 436), and all parties
are notified (block 438), and routine is done and returns (block
424).
The post-transaction monitoring routine 210 referenced in the main
routine 200 of FIG. 6 is shown in FIG. 11 as a flowchart sequence
of operations performed by the real estate computer network 10.
Routine 210 watches for transactions completed without paying a
commission, first by noting transactions begun within the real estate
computer network 10 but consummated outside of the network 10 and
second by noting failures to pay the commission within a reasonable
time after closing.
Beginning in block 450, routine 210 retrieves incomplete transactions,
including information as to the prospective buyer 13 and seller
12 and the particular property, from the transaction database, elsewhere
also referred to as a watch list. A determination is made as to
whether the watch period has expired (block 452), meaning the extent
of the contract period for the listing contract has expired. If
the watch period has expired, then the incomplete transaction is
deleted from the watch list (block 454). If the watch period has
not expired in block 452, then routine 210 looks for a matching
transaction in the sales database 30 (block 456). If a match is
found (block 458), then an exception report is generated (block
460). If no match (block 458) or after the exception report (block
460), or after a watch listed item is deleted (block 454), then
a determination is made as to whether another incomplete transaction
remains in the transaction database 90 to check (block 462). If
so processing returns to block 450 to repeat.
If no other incomplete transactions exist in the watch list (block
462), then a payment pending schedule is retrieved from the transaction
database 90 (block 464). If a deadline is exceeded (block 466),
then an exception report is generated (block 468). If not exceeded
in block 466 or after the exception report in block 468, then a
determination is made as whether another payment pending item remains
(block 470). If so, processing returns to block 464, and if not,
routine 210 waits for an appropriate period of time (block 472)
before performed again by returning to block 450. For example, the
routine 210 may run once per day.
The seller custom routine 212 referenced in the main routine 200
of FIG. 6 is shown in FIG. 12 as a flowchart sequence of seller
selectable operations performed by the real estate computer network
10. Routine 212 begins by determining whether the seller 12 has
entered a valid login user name and password (block 490), and if
not, is given an opportunity to become a member in block 492 and
routine 212 returns to some previous state (block 494) which may
include repeating at block 490.
If in block 490 a valid login user name and password were entered,
then the seller 12 may select a number of features. For example,
in block 496, a determination is made as to whether the seller 12
chooses to modify or delete a home listing, and if so the home listing
is modified or deleted in block 498. The routine 212 would then
proceed to some previous state.
If not modifying or deleting a home listing in block 496, then
a determination is made as to whether the seller chooses to modify
the scheduling information, also referred to as the calendar (block
500). If so, the calendar is modified (block 502) and routine 212
returns to some previous state.
If not modifying the calendar in block 500, then a determination
is made as to whether the seller 12 chooses to display the calendar
(block 504), and if so, the calendar is displayed (block 506) and
routine 212 returns to some previous state.
If not displaying the calendar in block 504, then a determination
is made as to whether the seller 12 chooses to review the listing
contract (block 508), and if so, the listing contract is displayed
(block 510), and routine 212 returns to some previous state.
If not reviewing the listing contract in block 508, then a determination
is made as to whether the seller 12 has selected some other service
(block 512), and if so, the other service is performed (block 514).
If not some other service in block 512 or after block 514, routine
212 returns to some previous state, such as waiting for the seller
12 to make a selection.
The buyer custom routine 214 referenced in the main routine 200
of FIG. 6 is shown in FIG. 13 as a flowchart sequence of buyer selectable
operations performed by the real estate computer network 10. Routine
214 begins by determining whether the buyer 13 has entered a valid
login user name and password (block 530), and if not, is given an
opportunity to become a member in block 532 and routine 214 returns
to some previous state (block 534) which may include repeating at
block 530.
If in block 530 a valid login user name and password were entered,
then the buyer 13 may select a number of features. For example,
in block 536, a determination is made as to whether the buyer 13
chooses to modify contact information, and if so the contact information
is modified in block 538. The routine 214 would then proceed to
some previous state.
If not modifying contact information in block 536, then a determination
is made as to whether the buyer 13 chooses to view a contact from
a seller 12 (block 540), and if so, the messages are displayed (block
542) and routine 214 returns to some previous state.
If not displaying seller contacts in block 540, then a determination
is made as to whether the buyer 13 chooses to retrieve a document
electronically communicated to him or otherwise available on the
real estate computer network 10 (block 544), and if so, the document
is retrieved (block 546) and routine 214 returns to some previous
state.
If not retrieving a document in block 544, then a determination
is made as to whether the buyer 13 has selected some other service
(block 548), and if so, the other service is performed (block 550).
If not some other service in block 548 or after block 550, routine
214 returns to some previous state, such as waiting for the buyer
13 to make a selection.
Various modifications may be made to the illustrated embodiments
without departing from the spirit and scope of the invention. Therefore,
the invention lies in the claims hereinafter appended. |