U.S. patent application number 10/619250 was filed with the patent office on 2004-03-18 for real estate computer network.
This patent application is currently assigned to Vincent S. Broerman. Invention is credited to Broerman, Vincent S..
Application Number | 20040054606 10/619250 |
Document ID | / |
Family ID | 23424729 |
Filed Date | 2004-03-18 |
United States Patent
Application |
20040054606 |
Kind Code |
A1 |
Broerman, Vincent S. |
March 18, 2004 |
Real estate computer network
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.
Inventors: |
Broerman, Vincent S.;
(Loveland, OH) |
Correspondence
Address: |
WOOD, HERRON & EVANS, L.L.P.
2700 Carew Tower
441 Vine St.
Cincinnati
OH
45202
US
|
Assignee: |
Vincent S. Broerman
Loveland
OH
45140
|
Family ID: |
23424729 |
Appl. No.: |
10/619250 |
Filed: |
July 14, 2003 |
Related U.S. Patent Documents
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Application
Number |
Filing Date |
Patent Number |
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10619250 |
Jul 14, 2003 |
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09362107 |
Jul 7, 1999 |
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6594633 |
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Current U.S.
Class: |
705/26.1 |
Current CPC
Class: |
G06Q 10/10 20130101;
G06Q 30/0601 20130101; G06Q 50/16 20130101; G06Q 40/04
20130101 |
Class at
Publication: |
705/027 |
International
Class: |
G06F 017/60 |
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; and (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.
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 real 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, 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.
20. The method of claim 19, further comprising collecting earnest
money from the buyer party using an electronic payment
transaction.
21. The method of claim 20, wherein collecting earnest money from
the buyer party includes electronically depositing the earnest
money in an escrow account.
22. The method of claim 19, 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.
23. The method of claim 22, 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.
24. The method of claim 19, wherein electronically communicating
the real estate transaction document includes conducting
negotiations for a purchase contract using an online real time
interactive communications interface.
25. The method of claim 24, further comprising 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.
26. The method of claim 1, wherein electronically communicating the
real estate transaction document includes communicating a
disclosure document to the buyer party.
27. The method of claim 26, wherein electronically communicating
the real estate transaction document further includes: (a)
receiving disclosure information from the seller party via an
online interface; (b) generating the disclosure document from the
disclosure information.
28. 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.
29. 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.
30. 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.
31. A method of brokering a real estate transaction, the method
comprising: (a) electronically generating a disclosure document
received from a seller party over a computer network; and (b)
electronically communicating the disclosure document to a buyer
party for use in conducting a transaction between a seller and a
buyer for the selected real estate property.
32. A method of brokering a real estate transaction, the method
comprising: (a) electronically receiving scheduling information
from one of a seller party and a buyer party over a computer
network, the scheduling information stored in a scheduling record
associated with a property record identifying a real estate
property; and (b) electronically communicating the scheduling
information 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 real estate property.
33. The method of claim 32, wherein the scheduling information
includes available showing times for the selected real estate
property, and wherein electronically communicating the scheduling
information to one of the seller party and the buyer party
includes: (a) electronically communicating a selected showing time
among the available showing times from the buyer party to the
seller party.
34. 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.
35. The apparatus of claim 34, 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.
36. The apparatus of claim 35, 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.
37. The apparatus of claim 34, 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 a seller's agent and a buyer's
agent.
38. The apparatus of claim 34, 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.
39. The apparatus of claim 34, wherein the program is further
configured to schedule a showing of the selected real estate
property online.
40. The apparatus of claim 39, wherein the program is further
configured to display to a buyer party a calendar indicating
available showing times.
41. The apparatus of claim 34, 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.
42. The apparatus of claim 41, 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.
43. The apparatus of claim 42, wherein the program is further
configured to access the transaction database to detect a covert
transaction for the selected real estate property.
44. The apparatus of claim 34, 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.
45. The apparatus of claim 44, wherein the program is further
configured to collect the commission by collecting the commission
using an electronic payment transaction.
46. The apparatus of claim 34, 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.
47. The apparatus of claim 46, 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.
48. The apparatus of claim 46, 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.
49. The apparatus of claim 48, 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.
50. The apparatus of claim 46, wherein the program is further
configured to electronically communicate the real estate
transaction document by conducting negotiations for a purchase
contract using an online real time interactive communications
interface.
51. The apparatus of claim 50, wherein the program is further
configured 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.
52. The apparatus of claim 34, wherein the program is further
configured to electronically communicate the real estate
transaction document by communicating a disclosure document to the
buyer party.
53. The apparatus of claim 52, 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.
54. The apparatus of claim 34, 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.
55. 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. (b) a signal bearing medium
bearing the program.
56. A program product of claim 55, wherein the signal bearing
medium comprises at least one of a recordable medium and a
transmission medium.
Description
CROSS-REFERENCE TO RELATED APPLICATIONS
[0001] This application is a continuation of U.S. patent
application Ser. No. 09/362,107, filed Jul. 7, 1999 by Vincent S.
Broerman (to be issued on Jul. 15, 2003 as U.S. Pat. No.
6,594,633), which application is incorporated by reference
herein.
FIELD OF THE INVENTION
[0002] 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
[0003] 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.
[0004] 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.
[0005] 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.
[0006] 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.
[0007] 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
[0008] 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.
[0009] 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.
[0010] 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.
[0011] 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.
[0012] 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.
[0013] 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
[0014] FIG. 1 is a block diagram of a computer network consistent
with the invention.
[0015] FIG. 2 is a block diagram of an exemplary hardware and
software environment for a computer from the computer network of
FIG. 1.
[0016] 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.
[0017] FIG. 4 is a block diagram of a property record from the
property database of FIG. 3.
[0018] 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.
[0019] FIG. 5A is a depiction of a custom profile screen of the
online real time interactive communication interface of FIG. 5.
[0020] 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.
[0021] 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.
[0022] 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.
[0023] 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.
[0024] 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.
[0025] 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.
[0026] 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.
[0027] 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.
[0028] 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.
[0029] 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
[0030] 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.
[0031] 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.
[0032] 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.
[0033] 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.
[0034] 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.
[0035] 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.
[0036] 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.
[0037] 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., CDROM's, DVD's,
etc.), among others, and transmission type media such as digital
and analog communication links.
[0038] 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.
[0039] 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
[0040] 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.
[0041] 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, handheld personal assistant, an/or e-mail
system.
[0042] 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.
[0043] 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.
[0044] 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.
[0045] 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.
[0046] 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.
[0047] 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.
[0048] 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 the 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.
[0049] 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.
[0050] 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.
[0051] 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.
[0052] 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.
[0053] 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.
[0054] 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.
[0055] 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.
[0056] 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.
[0057] 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.
[0058] 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.
[0059] 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.
[0060] 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 "I
AM A SELLER" button 158 allow rapid access to important information
for first-time users.
[0061] 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.
[0062] 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.
[0063] 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.
[0064] 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.
[0065] 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.
[0066] 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.
[0067] 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.
[0068] 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.
[0069] 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.
[0070] 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.
[0071] 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.
[0072] 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).
[0073] 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.
[0074] 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).
[0075] 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.
[0076] 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.
[0077] 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.
[0078] 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.
[0079] 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).
[0080] 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.
[0081] 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.
[0082] 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).
[0083] 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).
[0084] 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.
[0085] 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.
[0086] 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.
[0087] 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).
[0088] 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.
[0089] 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).
[0090] 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).
[0091] 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).
[0092] 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).
[0093] 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.
[0094] If, however, in block 432 the nonbreaching party does not
waive or reschedule 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).
[0095] 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.
[0096] 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.
[0097] 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.
[0098] 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.
[0099] 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.
[0100] 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.
[0101] 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.
[0102] 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.
[0103] 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.
[0104] 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.
[0105] 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.
[0106] 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.
[0107] 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.
[0108] 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.
[0109] 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.
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