Добавил:
Upload Опубликованный материал нарушает ваши авторские права? Сообщите нам.
Вуз: Предмет: Файл:

Building engineers

.pdf
Скачиваний:
23
Добавлен:
12.03.2015
Размер:
642.07 Кб
Скачать

ing. Harsdorff’s Mansion originally consisted of two buildings: Kongens Nytorv 3, Counselor Harsdorff’s Hus, and Kongens Nytorv 5 Counselor Harsdorff’s Gard, the latter with entrance in the gateway. Each of these buildings was furnished with three apartments. The building’s façade toward the square has often been praised for its fine treatment of the oblique corner and the fine attachment of several partially overlapping façade patterns, which can be read individually or in interplay. It is also a well-known fact that the building became a model for a number of extravagant upper-class mansions in Copenhagen after the fire of 1795. The façade facing the square is almost entirely unchanged since it was built (except for the color scheme) and it was renovated in the 1980’s by the Royal architect Gehrdt Bornebusch. On the other hand, the interior has been subject to countless renovations and alterations since its origin, with the most extensive being in the 1860’s and 1892, as well as 1897 and 1917 when the state took over the two buildings and combined them, first as offices for the Foreign Ministry and later for the Royal Academy of Architecture. During these constant changes, all the stairways were rebuilt or moved, a fireproof concrete deck was cast with elliptical arches over the first floor in the front building, and the top floor was enlarged by altering the slope of the roof facing the courtyard. When the architecture school left Harsdorff’s Mansion in 1997.

At this point, the Ministry of Culture decided to carry out a major renovation and convert the building for use by the Music Council, the National Theater Council and the Center for Danish Painting, with a joint security office, meeting facilities, etc. A preliminary survey and an extensive investigation of paint layers led to the building’s different elements being classified according to age and worth of preservation.

It soon became clear that the rooms on the first and second floor facing the square still had their original form and most of the original woodwork, doors, panels, window jambs, etc. Harsdorff’s characteristic symmetrical door placement, which often required the use of fake doors and jib doors, was also partially in tact. The canvas-covered walls with gilded moldings and painted door panels as described in the old fire hazard registration documents had completely vanished.

In the so-called “Red room”, a three-bay space on the first floor facing Kongens Nytorv, all the furnishings were from 1892, and were thus misleading as this room originally was called the “Harsdorffsal”. In

21

the other parts of the building, there were well-preserved doors, etc., but aside from these, the interior was marked by the many uncoordinated renovations. It was therefore typical that a room with three doors, could have three different door types with three different door handles in three different materials. It was thus decided to base the total renovation on the condition that in the future, the building would house administrative functions, and never again be divided into the original two buildings.

The renovation was thereafter carried out according to the following guidelines:

All “modern” additions, elevators, kitchenettes, toilets, ventilation conduits for the printing room, were gathered in a so-called “renovation zone” in the side building, where there were no building elements worthy of preservation. Here a timeless style was chosen and a certain degree of homogeneity on each floor to ensure clarity.

Outside this zone, the unsightly renovations and additions were removed and the rooms were refurbished with consideration for the historical features. In this so-called “weeding out zone” the paneled doors were renovated, switched around or replaced. There were no major reconstructions but only supplementation of existing features.

Conduiting zones were established under the new floor borders, and the heating system was altered to a two-pipe system with the new risers concealed behind panels and stucco.

By employing a uniform color scheme throughout the building,

an attempt was made to give the interiors an inner continuity despite the different styles [3].

2. Express your opinion about the content of the text.

22

UNIT II

1.Read the text “Types of Licenses”, find the conditional sentences and translate them into Russian.

2.Read the text and find the paragraphs connected with the subject of the text.

Types of Licenses

In order to obtain a broker’s license, an applicant must pass an extensive state examination. Before taking this broker’s examination, the applicant must meet both of the following requirements:

1.The applicant must complete eight college-level real estate classes (see below); and

2.The applicant must have either: (a) a four-year college degree, or (b) two years full-time real estate sales experience.

The first requirement is that the applicant must take at least eight college-level real estate classes. These courses must meet a 45 hour clock or classroom hour requirement, which is the equivalent of a three semester-unit college class. The following five courses are required:

Real Estate Practice

Legal Aspects of Real Estate

Real Estate Finance

Real Estate Appraisal

Real Estate Economics or Accounting.

The remaining three courses can be selected from the following: Real Estate Principles; Business Law; Property Management; Real Estate Office Administration; Escrows; Advanced Legal Aspects of Real Estate; Advanced Real Estate Finance; Advanced Real Estate Appraisal; Mortgage Loan Brokering and Lending. (If a person has both Real Estate Economics and Accounting, only two classes from this second category are needed.)

To fulfil the experience requirement, the applicant would submit signed certification from his or her employing broker(s) verifying the experience of the applicant. An Employment Verification Form will be provided by the Department of Real Estate.

A broker’s license

can be issued either to an individual or to

a corporation. When a

broker’s license is issued to a corporation,

 

23

an individual broker (or one who qualifies for a broker’s license) must be listed as the broker of record for the corporation.

An applicant for a salesperson’s license must first pass an approved course in Real Estate Principles (such as this one) before being scheduled for the state examination. The salesperson’s examination consists of 150 multiple choice questions and a maximum of 3 hours, 15 minutes is given for taking the examination. The applicant must correctly answer at least 70% of the questions to pass the examination. Once the test is taken, the application for the license must be submitted within one year from the date of the successful examination.

Once the salesperson’s license is issued, the licensee has eighteen months to submit evidence of having completed two additional real estate courses, chosen from the following topics: Real Estate Practice, Real Estate Appraisal, Property Management, Real Estate Finance, Real Estate Economics, Legal Aspects of Real Estate, Real Estate Office Administration, General Accounting, Business Law, or Escrows, Mortgage Loan Brokering and Lending.

In many cases, licensees may have already taken one or two of the above courses in college, prior to obtaining the license. These courses can be used to meet this eighteen-month requirement. If the two required courses have not been taken by the 18-month deadline, the license will automatically be suspended until proof of completion is supplied by the licensee.

Both broker’s licenses and salesperson’s licenses are issued for a term of four years. In order to renew the license, the licensee must show evidence of the successful completion of 45 hours of continuing education courses. The first renewal after December 31, 1995 must include:

1)a three-hour course in ethics;

2)a three-hour course in agency;

3)a three-hour course in fair housing

4)a three-hour course in trust-fund handling.

The

first renewal of a salesperson’s license

requires

only

the twelve

hours listed above. Subsequent renewals

require the

full

45 hours.

 

 

 

A licensed salesperson must work for some real estate broker. The salesperson’s license must be physically held at the broker’s main office. The salesperson may be either an employee of the broker or an

24

independent contractor of that broker, but there must be a written agreement with that broker. Both the broker and the salesperson would be required to keep a copy of the contract for a period of three years after termination of the relationship. The salesperson receives all compensation for real estate activities from his or her own broker only. A broker cannot directly compensate the salesperson of another broker for any activity requiring a real estate license.

If a salesperson wants to change brokers, the license must be transferred from the current broker to the new broker. The license can be transferred to another broker, but the Department of Real Estate must be notified immediately. Specifically, the former broker must report the transfer within 10 days of the transfer, and the new employing broker must report the transfer within 5 days of the transfer. If a salesperson is terminated for cause (because of a violation of some law or regulation),

the Commissioner must be notified of the cause.

 

 

Whenever there has been

a violation of

real estate law,

or

the Commissioner’s Regulations,

the Real Estate

Commissioner

has

the authority to discipline the licensee. The Commissioner might choose to revoke the license, which means that there is a permanent loss of the license. (Under some conditions, the Commissioner might allow the person to reapply at some future date). Instead, the Commissioner might choose to suspend the license. This is a temporary loss of the license. In lieu of a suspension, the Commissioner might allow the licensee to pay a fine of up to $250 per day of the suspension.

The Commissioner can also restrict a licensee. The licensee might be restricted by term, meaning that the person might have to meet the renewal requirements sooner. The license could also be restricted to employment to a particular broker, typically one whom the Commissioner believes will adequately supervise the salesperson. The Commissioner could also restrict the services of the licensee. For example, the licensee might be restricted to residential properties, rather than commercial or industrial properties.

There are occasions where a license could be cancelled. If a broker’s license expires, is suspended or revoked, or if the broker dies, all of the licenses of the salespeople associated with that broker would be canceled. As soon as the broker’s license is reinstated, or as soon as the salespeople go to work for some other broker, their licenses would become active once again [5].

25

3.Continue the statements in accordance with the content of the text.

The entity holding a California real estate broker’s license may be:

a)A natural person only;

b)A legal person only;

c)Either a natural or a legal person;

d)Either a natural person or an unnatural person.

California real estate licensees who live in other states may be subpoenaed by delivering the process to the:

a)Real Estate Commissioner;

b)Superior Court in the proper county;

c)Secretary of State of California;

d)Attorney General of California.

A licensed real estate salesperson in California may lawfully receive a commission from the:

a)Escrow holder;

b)Broker;

c)Seller;

d)Buyer.

26

SECTION IV

Skimming Reading

Просмотровое чтение

Целью такого чтения является определение темы, раскрываемой в данном тексте. При просмотровом чтении осуществляется беглое, фрагментарное прочтение текста с более детальным ознакомлением с его «фокусирующими» деталями и частями. При этом виде чтения особое значение приобретает умение ориентироваться в тексте по заголовкам к нему и к его разделам, а также умение устанавливать предмет изложения по начальным частям текста, ориентироваться на заключительные выводы, резюме и т.д. [2]

UNIT I

1. Read the text and mention the facts which you want to memorize.

Licensing Requirements

Licenses

The California Real Estate Law, first enacted in 1917, regulates the activities of the real estate profession by requiring those engaged in it to hold a license. The basic purpose of the law is to prevent fraud. The law is found in the Business and Professions Code. It requires that anyone doing any real estate act for another for compensation must be licensed. The law defines the following activities as real estate acts:

1.Selling, buying, soliciting purchasers or buyers for, soliciting or obtaining listings of, or negotiating the purchase, sale, or exchange of real property or a business opportunity.

2.Leasing, renting, collecting rents (managing property), or nego-

tiating the sale, purchase or exchange of leases on real property or a business opportunity.

3.Assisting in filling the application for the purchase or lease of, or locating, government-owned land.

4.Soliciting borrowers or lenders, or negotiating loans on real property or a business opportunity.

5.Selling, buying, or exchanging a real property sales contract or a promissory note secured by real property or a business opportunity.

27

6.Collecting payments on, or performing services in relation to, real property sales contracts or notes secured by real property liens.

7.Charging an advance fee in connection with the promotion, sale, or lease of real property, or a loan on real property or a business opportunity.

8.Issuing, selling, listing, or soliciting buyers or sellers, or negotiating the purchase, sale, or exchange of real estate syndicate security.

Exemptions

There are certain to the licensing law. An attorney-in-fact need not be licensed. An attorney-in-fact a person who has received a “power of attorney” from someone else, which is a document which authorizes the attorney-in-fact to sign the principal’s name to contracts. An attor- ney-in-fact can act in real estate transactions for the principal, provided that the power of attorney is in writing and has been recorded in the county where the property is located. An attorney-in-fact cannot give the property away, or sell or mortgage the property to himself, even if fair market value is paid for the property. When signing a deed, the attorney-in-fact would write the name of the principal followed by his or her own signature as attorney-in-fact. An attorney-in-fact cannot sell a home if it is homesteaded. If the principal under a power of attorney dies or is adjudged incompetent, the attorney-in-fact could no longer use the power of attorney, with one exception. If the principal is adjudged incompetent, the power of attorney would still be valid for one year with regard to the sale of the principal’s primary residence.

A principal is exempt from the licensing requirements, which means that a property owner can sell any number of his or her own properties. This exemption would be available to a sub-divider, provided that the sub-divider must personally sell the properties. (If the sub-divider is a corporation, the officers of the corporation could sell the properties for the corporation). If, however, the sub-divider hires other people to sell the properties, those other people would be engaged in real estate activities for another for compensation, and would therefore need to be licensed.

An attorney-at-law whose real estate actions relate to his or her practice as a lawyer would not need to be licensed. For example, an attorney might be appointed as trustee of a trust. This attorney could sell property for the trust without any need for a real estate license. It is

28

important to note, however, that if an attorney performs the functions of a broker, the attorney would need to be licensed. If, for example, an attorney solicited listing contracts in hopes of receiving commissions, the attorney would need to have a real estate license.

A trustee selling under a trust deed would not need to have a real estate license. This trustee would be considered to be a principal in the transactions, since the trustee is the holder of legal title to the property.

A clerical employee of a real estate broker need not be licensed when performing strictly clerical duties. A broker’s secretary, for instance, might be involved in producing mass mailings and preparing contracts (at the broker’s direction) and would not need to be licensed. There is an exception to this exception, however. Hostesses in model homes, or handymen in subdivisions who hand out price brochures and direct people to model homes must have a license because they are quoting prices and showing properties.

A resident property manager would not need to be licensed. A property manager who does not reside on the premises would need to be licensed, however. Accordingly, a person or company that advertised that it would manage property for the public would need to be licensed, since this implies the ability to manage many different properties in many different locations.

Persons who act in accordance with a court order, such as trustees in bankruptcy, would not need a license to sell the properties under the courts direction [5].

2.Answer the following questions using the text.

1.What is the main purpose of the Real Estate Law?

2.What activities does the Law define?

3.What is the function of an attorney-in-fact?

4.An attorney-at-law would need to be licensed, would not he?

5.May an attorney be appointed as trustee of a trust?

6.May an attorney perform the functions of a broker?

7.Why does not a clerical employee of a real estate broker be licensed?

8.A resident property manager would need to be licensed, would

not he?

29

9.Why does a person or a company that make the operations with the property have a license?

10.Do the persons who act in accordance with a court order, such as trustees in bankruptcy, have a license to sell the properties under the courts direction?

3. Choose the right variant.

A person delegated in an instrument to act legally for another, in his stead, is known as which of the following:

a)Fiduciary;

b)Principal;

c)attorney-in-fact;

d)Power-of-attorney.

Collecting rents, fixing up property, and showing vacant units are the types of responsibilities that would be assumed by:

a)A broker;

b)A resident property manager;

c)A salesperson;

d)An attorney-at-law.

A real estate license is a:

a)Constitutionally protected right of the individual;

b)Privilege granted by the state;

c)Right granted by the office of the Attorney General;

d)None of the above.

30

Соседние файлы в предмете [НЕСОРТИРОВАННОЕ]