How to Do a Sales Pitch in Commercial Real Estate

In commercial real estate, you will undertake a variety of presentations, in a variety of circumstances. Most of them are business-like in nature, focusing on the needs of the tenant, the property buyer, or the property seller.

Get to the core issues

Each of these groups has unique property requirements and points of focus. It is their needs which must be identified and clearly addressed in the sales pitch or presentation. Many successful commercial real estate agents will have a preliminary meeting with the client or customer so that they can identify key issues and concerns. This allows the commercial agent to return to the client or customer in a few days with a well structured proposal that addresses the needs of the customer or client.

It’s all about THEM, not YOU!

When you design an investment or commercial property proposal for presentation, the document should be 90% regards the property and the client. Frequently you see this rule disregarded or broken with the proposal document being largely regards the agency and the personnel.

Rarely is the property transaction a simple matter of the property rental, the property price, or the physical elements of the property. In most situations, it is the combination of these things which must satisfy a fundamental equation of need that the customer or client has. In getting them to this fundamental need, you will identify an element of pain that the customer or client is experiencing. This is what you focus on.

They are Experienced

It is interesting to note that many clients and customers in commercial real estate are reasonably comfortable in circumstances of business negotiation. This means they may not tell you the total big picture or all the elements of a transaction until they are ready. Conversation and connection in the presentation process should be biased towards the client or customer using well selected questions which allow the agent to interpret the body language coming from the client’s response.

When you believe you have identified the element of clients pain related to the property transaction, you start to magnify the problem in terms of today’s market, then offering stable and logical solutions that your real estate agency business can provide to the client or customer. Invariably, the commercial real estate transaction in today’s market centres on financial matters such as:

  • High vacancy factors
  • Other property choices and chances are available
  • Underperforming leases
  • Unstable cash flow
  • Unstable tenancy mix
  • Tenanted conflict
  • Escalating building operating costs
  • A shift in demographics which exposes the property to a unstable future
  • Mortgage payment pressures
  • Age of the asset
  • Needs for refurbishment or extension
  • Competition properties attracting tenants away from the subject property

This type of information and interpretation requires your intimate knowledge of the local region. This is by both property type and by location. This is the higher value that you bring to the customer or client. Being able to distinctly define local market awareness is a major advantage in any commercial real estate presentation or sales pitch. You must be seen as the best knowledgeable solution to the problem.

From Experience

After many years working exclusively in the commercial real estate industry, I found that my unique skill was in market knowledge and the display of that in any formal presentation to the client. Being able to talk about market trends and financial performance in a solid and sound way will help the client understand that they need your services. Coupling that with your extensive and relevant database of enquiry clearly shows the client that they need you.

A fantastic commercial real estate presentation is a function and balance of lots of things. Things like:

  1. A well established pre-planning process is a strategic advantage for every commercial real estate presentation. Strategy is everything in commercial real estate. Every property presentation requires planning.
  2. Making sure you are asking the right questions of the client or prospect. Plan your questions relative to the subject property so that you help the client think about opportunity and changes that are possible.
  3. Using your market knowledge and giving good answers. Have a variety of market facts and trends available to call on. Feed them into your presentation; facts are always useful. They can also be used as a channel to direct the discussion when the client is forcing you to justify your approach or your experience. Confidence and control must be the basic rule of your property presentation. When the client takes control of the presentation you have lost.
  4. Using your experience in the marketplace so that you are telling relevant stories of success in similar properties. Stories of other properties will always interest of the client.
  5. Making sure your personal presentation is optimised for the connection in the presentation. It can be that you are using a combination of the proposal document, the marketing document, and computer slide presentation, samples of your database, photographs of the subject property projected on to slides, and photographs of comparable properties projected on to slides.
  6. Choosing the placement of people at the table or strategically positioning them in the room is always important. Much has been written about where you should sit relative to the client. The basic rule is adjacent to the client rather than across an area of barrier such as a table. Being within arm’s reach allows you to pass documentation to the client at the appropriate time. Documentation should not be provided to the client until you are ready for them to review it; otherwise it is a distraction of their attention.
  7. Make sure that your proposal is simple and yet well directed with a clearly defined outcomes of sale or lease. Many proposal documents in commercial real estate are much too wordy so the main messages are lost and not clearly defined. The best proposals are less wordy and more illustrative. The best balance of a commercial real estate proposal is a mixture of 25% words, 25% pictures, 25% graphs, and 25% white space. This becomes a document which is clearly read and understood.
  8. Combine good illustrations and photographs of the subject property into the proposal or presentation so that any lengthy descriptions or paragraphs are broken up. This will keep interest of the client in your documentation.
  9. Make sure that your marketing package is value for money, and yet reaching the target market that the property serves or needs to attract. All too often, we see examples of generic marketing by the commercial real estate agent to the broader and less specific marketplace. Showing the client that you clearly know and will attract best the target market will always help your conversion to a potential listing. Be very specific about the target market and how you will reach it.
  10. Ensure that your commission costs are fair and reasonable for the location. In most circumstances, discounting your commission should not be an option as it will make you poor and remove or detract from your enthusiasm for the sale or lease. ‘Cheap’ means ‘cheap and without focus’ and the client needs to know this. The property deserves better. You are not cheap because you are the best and you do a great job. A fair commission is always paid for a positive property outcome.
  11. Always provide testimonials that are relevant to the property transaction. When you combine relevant history and details of happy customers into your presentation you will make the client feel more comfortable.
  12. Always display clear and sound market knowledge that impresses the client relative to their property. This will include extensive awareness of comparable properties that compete with the subject property. You should be able to talk solidly about property prices, comparable rents, rental growth, returns on investment, changes to the future demographics of the area, and properties in the immediate precinct of relevance. In many cases, it pays to walk around the local area just prior to any property presentation so that you bring immediate and clear pictures of the precinct to the discussion. Many times this has been of significant advantage in my presentation processes. Talking about neighbouring properties localises the client and their thought processes.
  13. Come up with a variety of ways to serve the client. Innovation and relevance will always impress. In today’s market, this is relatively easy considering the marketing opportunities and tools provided by the internet & technology. Be proactive in your property promotion processes so that the listing for sale or lease stands uniquely different in its marketing campaign from the others in the area. This does not have to be expensive to the client or to your office, given that the internet and electronic technology is historically cost effective. In today’s market, the traditional methods of publicising the property in the property pages of the local paper, is becoming much less important in the marketing campaign. Most commercial property buyers and tenants research the market from the Internet first and foremost.
  14. Almost every property agency will say that they have excellent communication and connection skills to support the property promotion process. From experience, this is largely incorrect and typically the average commercial salesperson or leasing person will exercise ordinary communication channels with the client. Put yourself in the shoes of the client. They expect and deserve frequent updates on the promotion of the property even when nothing is happening or when the adverts are producing little response. When a property campaign is not producing the results, it is important that you act or adjust with alternative recommendations and strategic changes to the promotional campaign for the client to consider. Rarely would you get to the property campaign correct in the first week. It is in this time that you must consider fine tuning the promotion process so that the target market is being reached in a timely and effective way. This means that every property enquiry generated from your promotions must be tabulated so that you understand what channels of marketing work most effectively with the property in question.
  15. When addressing the client or the client group in a formal property presentation, the answers and information you give must be delivered well and provide relevant solid property knowledge, in a practiced and professional delivery. Any sales or presentation tools relative to the property must be relevant and you should know how to use them with exceptional skill. Fumbling and faking information is not tolerated by the client.

So there you have it. These are some of the key skills to use in a commercial real estate presentation. Whilst many real estate agents think that they are the best alternative in the market to promote sell and rent commercial property, the reality is they do not get the message across when it matters most in front of the client.

To be the best commercial real estate agent in your area, you must show that you are just so, and you do this in the first 10 minutes of the time that your presentation takes. The client will have formed an opinion by then.

Be prepared to walk away from any demands for discounting that the client or customer demands. In this market they need a great commercial real estate agent providing a great job; discounting is not an option. Show pride in your services and walk away when the client demands discount in marketing or lower commissions.

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Cliches Associated With Insurance

Isn’t it funny how many cliches can be associated with insurance? I think when a couple of sayings and anecdotes were invented; the inventors had the term insurance in mind!

Have a look at a couple of the following sayings and tell me if you agree…

Nothing is certain, but death and taxes. This can be changed to – nothing is certain, but death and insurance. No matter who we are, what we do, how much money we have or which car we drive… we need insurance!

All is fair in love and war. Once again, this can be changed to “all is fair in love and insurance.” Don’t you agree that we are at the mercy of insurance companies? What they say is law and we have to just sign on the dotted line and accept the fact that we are paying tons of money each month on something that we do not really want. Do not accept the first quote that you are offered. Shop around until you find a policy that you are completely satisfied with. Do not allow any broker, agent or insurance company to force you into taking a policy that you are not happy with.

He has been taken for a ride – he has been taken for an insurance ride! It’s unfortunate to hear how many insurance companies take their clients and customers for a ride. This is usually by means of not wanting to pay out a claim, increasing premiums drastically, or other matters that we have no control over. Always read the fine print before signing any insurance document. By having a good understanding of what your insurance policy entails, a lot of this can be prevented.

A chain is only as strong as its weakest link – An insurance company is only as strong as its weakest link. When wanting to obtain insurance, make sure that you talk to an agent or a broker who knows what they are doing! The worst thing in the world is dealing with an insurance reseller who has only one thing on the mind and that is to meet their monthly sales targets. Insurance is a very important investment; therefore it is crucial that a qualified professional takes care of your needs and requirements.

A good beginning makes a good ending. Change this to “a good insurance company makes a good ending” and you will be one of the many individuals who are satisfied with the service received from their insurance companies. If a company offers outstanding service and handles queries and claims effortlessly, even a burglary or an accident can have a good ending.

After a storm comes a calm. If you can change this saying to “after an insurance claim, comes a calm” – congratulations! That means that you have recently put in a claim and that it was handled successfully, enabling you to relax after everything has been taken care of.

I hope you have enjoyed this tongue in the cheek look at insurance sayings – it might be a bit of useless information, but hopefully it managed to put a smile on your dial!

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Eviction Notice – Difference Between Personal Service and Tack and Mail When Evicting a Tenant

As a landlord, sooner or later you will have to evict a tenant for either not paying rent or for violating one or more terms of the lease. When a tenant violates their lease the landlord must immediately start the eviction process. The eviction process is handled by the county where the property is located. Even though you file eviction papers in the county where the property is located, it is state law, not county law, which controls the eviction process.

The eviction process starts with the landlord filing the paperwork for the eviction at the courthouse in the county where the property is located. Once the paperwork for the eviction has been filed, the paperwork will be handed over to either the Sheriff or Marshall’s office. Some counties use the Sheriff to serve notice of the eviction filing while others use the Marshall’s office. Regardless of the office, they will serve your tenant with notice of the eviction. This service will be either Personal Service or Tack and Mail. I will discuss the difference between the two.

Tack and Mail

When the Sheriff arrives at the property, they will try to get someone to answer the door. If nobody is home they will leave a copy of the eviction notice at the door. This is where the “tack” portion of tack and mail service originated. The Sheriff will actually tack a copy of the notice at the front door for the tenant to find when they return home. The Sheriff will also “mail” a copy of the eviction notice to the tenant. The Sheriff will mail the notice regular mail. It will not be mailed certified mail. The date the Sheriff tacks a copy to the door is the day that is recorded at the courthouse for the date of service.

Personal Service

When the Sheriff arrives at your property, they may find the tenant is home. If the Sheriff actually gives the notice to the tenant this is called Personal Service. As a landlord you would much rather the tenant be served with personal service.

The difference between the two types of service is that Personal Service has more advantages in the eviction process. If you tenant is served personal service and then does not show up for the court date, you can get a judgment against the tenant. If the tenant does not answer the eviction process after being served personally, you can get a judgment against the tenant. In both of these situations if the tenant was served tack and mail then you would have to sue the tenant in small claims court to get a judgment against them.

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A Guide To How To Appeal Your Property Taxes

Fair to say, if you are living anywhere in the country, you are probably paying more property taxes than you should. The National Taxpayers Union, in fact, estimates that approximately 60% of all US properties are currently overassessed.

What makes this particularly shocking is that, since 2003, prices of median homes have declined dramatically. We would therefore expect tax assessments to be adjusted so as to reflect such declines in market values – though this has generally not been the case. Therefore property taxes for many homeowners unfairly continue to increase despite a continued decrease in local home values.

Due to a considerable shortfall in budgets, many municipalities are, in essence, heaping extra taxes on homeowners – many of whom are exercising their constitutional right for an appeal. Though appealing property tax assessments can be difficult and time consuming – and not always successful – being well-prepared for the fight can significantly increase your chances of success.

Assess your assessment

It is important to understand how your property is assessed. Ask a local realtor to help you compare your property with similar properties which sold recently to determine its market value. Multiply that value with the assessment ratio that has been established for your town. If the market value of your property is, say, $100,000 and its assessment ratio is 80%, this means the tax levied on that property is $80,000. Some rural areas and high class neighborhoods use another method of assessment by estimating the house replacement cost by adjusting factors such as the land value.

Property Record Card

Check for errors in your assessment next. To do so, you will need to obtain the worksheet of your property from your local assessor’s office. This work sheet is also known as property record card and contains information of your property such as number of rooms, dimensions, number of bathrooms, and so on. Check whether all the information about your property provided in the worksheet is correct or not. If you discover any incorrect or missing information submit this information immediately to the local assessor along with a blue print of your property. In this way you will could receive an immediate reduction and become exempt from a formal appeal.

Comparable Sales

Compare the assessed value of your property with other similar properties in that area. Look at the property’s worksheet to compare other factors like square footage, age, bedrooms, bathrooms, and so on. In this way you may be in a stronger position to appeal if your property’s assessed value is determined to be higher than at least five other properties. Make a list of comparable properties along with their other details like square footage, construction material grades, same neighborhood, and so on. This list should be produced when demanded by the assessor. The record of your neighborhood’s properties is available at the website of your local assessor.

In case you find only three assessed properties at lower and three at a higher value don’t lose hope because in this case you might be entitled to a reduction representing the difference between comparable properties and your property. Your house may be the only property with lousy grading which prevents you from having a garden or a less than desired view of your city’s water tower.

Fight back

Different localities have different rules and your assessment should be capable of explaining how your appeal works. For this you can provide evidence to the assessor including a list of comparable properties, repair estimates, blueprints, and photographs for review. In this way you can obtain a good settlement in an informal way and the assessor may continue completing his rolls and get a fair reduction for you. On the other hand if some settlement is not agreed upon, continue paying your taxes so as to avoid any future penalties on your property. Don’t worry because if the county is satisfied with your appeal, you will get a reduction or check on all future bills thereafter.

Before submitting your appeal form and other related documents, ensure whether or not they comply with all the requirements stated by the county. Keep one copy of all the documents and information submitted by you for your files In a few months you will probably receive a reply and if you think that the reduction you’ve got is not fair, you can follow the next step. The next step is to submit your case in front of an independent local appealing body. This will be more advantageous because you can personally explain your case. You can use photographs, blueprints, etc to prove that your appeal is correct. Also submit a copy of all the assessed document highlighting important points to every board member.

If your case at local level fails, you can take it to state, and even the judicial, level. Bear in mind, however, that judicial hearing will court fees, lawyer’s fees, and other expenses that could negate any savings you might realize from winning an appeal.

Where to search for the right help

It is better to employ an expert assistance which will not only save time but provide proper guidance also. In this way your appeal will become stronger. One more option is to submit your address and case to an online service company. Such companies – for a moderate fee – will highlight comparable homes in your area along with their assessment information and their sale price. If they consider your case strong enough they will send you a report which you can file with your local appeals board. If the appeals board rejects your appeal your money is then refunded.

Should you decide instead on hiring a professional appraiser, confirm that the board to which you are appealing your case permits such a professional or not. Certified appraisers can be found through the Appraisal Institute or the National Association of Independent Fee Appraisers. Most charge anywhere between $250 and $500. Hire a person who is not only experienced in the field but also is familiar with local neighborhoods in your area.

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What Does Liability Mean on Your Car Insurance?

Liability insurance is very important and most state auto insurance laws require that an individual maintain at least liability insurance on their automobile. What it does is protect you against costs that are associated with the damage and injury of another in an automobile accident in which you may be deemed at fault.

There are two parts to the policy. There is property damage liability and bodily injury liability. It is pretty easy to guess that property damage liability is going to protect you against any cost and damage that is associated with damaging another person’s physical property and that bodily injury liability is going to protect you against the personal injury inflicted on someone else as a result of the accident.

Usually, there are some numbers that a person may see on their policy. These numbers usually look like this: 50/100/25. Now what this means is that the policy is split up into three different amounts each policy can be different depending on what the individual chose when they opened the policy. In this case, 50/100/25 means that the insurance will pay for the bodily injury of an individual in an amount up to $50,000, will pay for the bodily injury costs on everyone in a vehicle in an amount up to $100,000, and will pay property damage costs up to $25,000.

Every vehicle requires its own level of liability insurance depending on what state you are located in. It is important to know what your state’s auto insurance requirements are so that you have an idea of what you would have to pay in your insurance premium.

The cost

Liability insurance is cheaper than full coverage insurance that also includes damages from theft, natural disaster, and vandalism. Liability only covers costs associated with an accident so that you do not lose your hard earned assets in a lawsuit. There are have been cases in which a person has been sued for more that what they have in coverage, but the liability insurance does lessen the blow. However, a person can pay for different levels of liability insurance to ensure that they will not be “taken for everything they’ve got.” Not having enough insurance can still have a heavy impact on a person’s life when an accident occurs.

No one intends on hurting another and they usually do not purposely engage in an auto accident because there is so much trouble involved, including the possible loss of the vehicle. That is why it is important to carefully assess how much car insurance you think you will need. Liability insurance is rather affordable. Some states have a minimum requirement of 20/40/10, but you could carry something such as a 50/100/50 if you think you need it. The cost is still not going to be much.

Just remember…

Don’t forget that if you set your limits too low you could be setting yourself up for financial disaster even though you have insurance. This is to be considered carefully. It is easy to make the decision to save money by paying the lowest premium possible, but paying the lowest premium possible could later result in the loss of your assets. It is also important to remember that liability just covers bodily injury and property damage. If a tree falls on your home during a wind storm, it is then time to assess your options. However, liability insurance will protect you from those nasty lawsuits that may come your way as a result of an accident. That in itself makes it more than worth the money because you have the peace of mind that most or all your assets are protected.

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OUTLAWED: Six Home Insurance Deal Killers Florida Homeowners Should Be Aware Of

As affordable Home Insurance in Florida gets more difficult to attain, it is extremely important for home owners and future home owners to be fully informed before purchasing a new home or shopping for new home owners insurance.

If one of these SIX conditions exist in the home, "BUYER BEWARE" as insurance may be difficult and potentially impossible to bind.

1) Fuse Panel

A properly installed FUSE PANEL by itself is typically not a safety issue, although most insurance companies have banned this type of electrical service for all new policies written. There are a number of reasons, some of these are noted below.

The main safety issues from fuses come into play when a homeowner replaces a blown fuse with too large of a fuse (ie a blown 15 amp fuse replaced with a 30 amp fuse which is readily available on the utility room shelf). The circuit is designed to "blow" if a load greater than 15 amps passes through. Now the "trigger" is set at 30 amps. An extra 15 amps just might be enough for the wiring or other components to heat up enough to cause a fire or other serious injury or damage.

A typical fuse panel can be replaced with a circuit breaker panel for $ 750 to $ 2,000 depending on any other upgrades that may have to be made in the replacement. Always get a minimum of THREE QUOTES from reputable Contractors before authorizing any work done.

2) Knob and Tube Wiring

Knob and Tube Wiring (K & T) was used from the 1880's into the 1930's. This early method of electrical wiring did a great job for many years and is still used today in some select governmental and industrial applications. However this old rubber or cloth covered wiring that strings along on porcelain knobs has outlived its useful life and is no longer insurable or even legal in residential applications per the National Electrical Code.

An average size home re-wire can run from $ 8,000 to $ 20,000 depending on the unique layout and access to electrical components. Always get a minimum of THREE QUOTES from reputable Contractors before authorizing any work done.

3) Aluminum Branch Wiring

In Florida, Aluminum Wiring has been in the spot light since 2010 when tens of thousands of Florida home owners learned they could not get insurance if they have this common wiring that was used frequently between 1965 and 1973.

Aluminum wiring is known to "cold creep". The wiring expanss as it heats up and contracts as it cools down, this can cause the wire to come loose at the connection and this can cause an arc which can heat up fixtures and start fires. Aluminum also oxidizes over time which can contribute to this fire safety issue.

There are two options to get insurance if you have aluminum branch wiring. First, and most costly (but the one we highly recommend) is to completely rewire your branch wiring to copper. This can cost on average, $ 8,000 to $ 20,000 depending on how easily or difficult your electrical components are to access.

The second option is to use AlumiConn or CopAlum crimps that in essence crimp a copper "pig tail" to your aluminum wire so that the copper wiring is what is making the connection to your electrical fixture. This option, on average, costs between $ 1,500 and $ 3,000 depending on how many electrical fixtures there are in the home. We recommend staying away from this when possible as we fear that the ever changing insurance industry may indeed OUTLAW the crimp method as well. We also do not like the idea of ​​going from the average fixture having 3 connections to having 6 connections. The more connections the more chance of failure.

4) Less Than a 100 Amp Electrical Service

A more recent industry change in our "power consumption hungry world" is requiring homes to have 100 amps or more of service feeding the home. With the heavy consumption of electrical power the average homeowner uses, insurance companies appear to be fearful that smaller services can overheat when using typical high consumption appliances.

The cost to upgrade an electrical service can range depending on if the size of the electrical wiring can handle the increased electrical load. If it can not, the feeder line will also have to be replaced. As always, get at least 3 quotes from reputable electrical contractors.

5) Polybutylene Plumbing

This popular plumbing pipe was used heavily through the 1980's and into the early 1990's. It is usually "blue or gray colored", is flexible, and has caused flood damage in thousands of homes across the country. Up until recently a few insurance companies did not ask about the type of plumbing pipe so agents would place homeowners with those companies, however starting September 1, 2012 Citizens Insurance Company specifically outlawed Polybutylene Plumbing.

A typical re-plumbing cost can run from $ 4,000 to $ 10,000 depending on the ease of running the new pipe (in attics or under homes). We recommend using copper or CPVC piping as some insurance companies are also taking issue with PEX pipeline that has become very popular over the past decade. We'll cover more on PEX in a later article.

6) Roof with less than 3 Years of life

The final INSURANCE DEAL KILLER in today's article addresses your first line of defense in a wind or rain event, THE ROOF! If your roof has less than three years of useful life left on it you will likely be denied insurance coverage. In our hot Florida sunshine, an average three tab shingle roof will last between 10 and 15 years. An average dimensional shingle roof will last between 15 and 25 years. Other popular roofing options include tile and metal roofing. These options have significantly longer life expectancy of upwards of 50 years if installed and maintained properly.

A re-roof is normally calculated on a per square basis. A square is equal to 100 sq ft of shingle. In the Pensacola area that per square cost can run anywhere from $ 225 to $ 300 per square making the average 30 square roof cost between $ 6,750 and $ 9,000 depending on the quality of products used.

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What is Meant by Traveling and Its Benefits

Introduction

People go abroad to see new places. This is called traveling. We do not like to remain at one place for a long time. We like to go from one place to another.

Objects of traveling

People do not travel always with the same purpose. Some people travel to gain knowledge. Some of us go to healthy places for a change of air. Some people travel for the sake of pleasure only. Businessmen travel for the sale of business.

Benefits

Traveling has many benefits. It is part of our education. Our education remains incomplete without traveling. We may read of many places in our history. If we can visit these places, the study of history becomes interesting. We can remember many things easily. We read about mountains, lakes, seas, waterfalls, etc. in our geography. How interesting it is, if we can see them with our own eyes. We read about men and things of different parts of the world. By traveling in different parts of the world, we see new people and new things. We can learn much about the manners and customs of those people. We can thus gain much knowledge. Our narrowness of mind disappears. Out eyes are open to new things. We can introduce many good customs and manners in our own country. Many students of our country go to England, Germany, America, Japan and other foreign countries to learn many things. They come back and teach the people of out country. Thus our countrymen can gain knowledge and the condition of our country is improved.

Great men of our country have traveled in foreign countries. People of those countries may have learnt many things about our country through them. It is good for us. Many famous travelers of ancient times visited India. They left valuable accounts of India. By reading those accounts we can learn much about out country at that time.

Many people travel in different places to improve their health. Their health may break down. If they go to a healthy place, they can recover their health. Traveling is also a source of pleasure to us. We see new objects and beautiful natural scenery. This fills out mind with great delight.

Traveling in modern times

In former times, traveling was not an easy thing. It was very difficult and dangerous. So, people did not travel much in those days. They traveled by boat or cart, or on foot. It required much time also. But now-a-days it has become easy to go from one place to another. Now-a-days we travel in steamers and railway trains. We save much time. There is no danger of being robbed on the way. So, at present many people travel in different parts of the country.

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Trusts and Certyty of Intention

This article looks at the requirements and formalities for a valid trust. In UK law, a trust is an arrangement involving three classes of people; A Settlor, Trustees and Beneficiaries. The Settlor is the person who transfers property to the Trust. The Trustees are people who legally own the Trust Property and administrator it for the Beneficiaries. The Trustee 'powers are determined by law and may be defined by a trust agreement. The Beneficiaries are the people for whom benefit the trust property is held, and may receive income or capital from the Trust.

"No particular form of expression is necessary for the creation of a trust, if on the whole it can be gathered that a trust was intended." This statement gives the impression that no formalities are needed, and could be misleading. Although equity generally does look to intent rather than form, mere intention in the mind of the property owner is not enough. For a valid trust to exist, the Settlor must have the capacity to create a trust. He must positively transfer the trust property to a third party trustee or declare himself trustee. Further, he must intend to create a trust, and must define the trust property and beneficies clearly. This is known as the 'three assurances'; Certificate of subject matter, certainty of objects and certainty of intent.

Certificate of intent refers to a specific intention by a person to create a trust arrangement wheree Trustee (which may include himself) hold property, not for their own benefit but for the benefit of another person.

It is clear when trusts are created in writing and on the advice of legal professionals that intention is present [Re Steele's Will Trusts 1948]. However, no particular form of words is needed for the creation of a trust and here the equivalent maxim, "Equity looks to intent rather than form", applies. It is therefore sometimes necessary for the Courts to examine the words used by the owner of the property, and what obligations if any the Owner intended to impose upon those receiving the Property.

It is not necessary that the Owner expresses calls the arrangement a trust, or declares himself a trustee. He must however by his conduct demonstrate this intent, and use words which are to the same effect [Richards v Delbridge 1874]. For example, in Paul v Constance 1977, Mr Constance did not express declare a trust for himself and his wife, but he did insure his wife that the money was "as much yours as mine". Additionally, their joint bingo winnings were paid into the account and withdrawals were considered as their joint money. The Court therefore found from Mr Constance's words and conduct that he intended a trust.

Certiety of intention is also known as certainty of words, although it has been suggested a trust may be infringed just from conduct. Looking at Re Kayford 1975 1All ER 604, Megarry J says of certainty of words, "the question is whether in substance a sufficient intention to create a trust has been identified". In this case, Kayford Ltd deposited customer's money into a separate bank account and this was held to be a "useful" indication of an intention to create a trust, although not definitive. There was held to be a trust on the basis of conversations between the Company's managing director, accountant and manager so words were necessary for the conclusion.

In contrast, where the word 'trust' is expressly used, this is not a comprehensive evidence of the existence of a trust – the arrangement may in fact institute something very different [Stamp Duties Comr (Queensland) v Jolliffe (1920)]. For example, the deed may contain words such as "On trust, with power to appoint my nephews in such shares as my Trustee, Wilfred, shall in his absolute discretion decide, and in default of appointment, to my friend George". Although professing to be a trust, Wilfred is not under an obligation to appoint the nephews and provision is made for the property to pass to George if he does not. This is therefore a power of appointment, not a trust [eg. Re Leek (deceased) Darwen v Leek and Others [1968] 1 All ER 793].

Sometimes in a will, the owner of Property will use 'precatory' words such as expressing a 'wish, hope, belief or desire' that the receiver of property will handle it a certain way. For example, in Re Adams and Kensington Vestry 1884, a husband cave all of his property to his wife, "in full confidence that she will do what is right as to the disposal between between my children …". The Court held that the wife may have been under a moral obligation to treat the Property a definite way but this was not sufficient to create a binding trust. Precatory words can still sometimes create a trust. In Comiskey v Bowring-Hanbury 1905, the words 'in full confidence' were again used, but the will also included further clauses, which were interpreted to create a trust. The Court will look at the whole of the document to ascertained the testator's intention, rather than dismissing the trust because of individual clauses.

There are further formalities required for certain types of trust property, and for a trust to be valid, title to the trust property must vest in the Trustee, or, the trust must be "constituted". This might be done for example, by delivery for chattels or by deed for land. If the trust is not properly constituted, the proposed beneficaries have no right to compel the Settlor to properly transfer the Property, as 'equity will not assist a volunteer'. The exception to this is where the beneficiary has provided consideration (including marriage) for the Settlor's promise, in which case, there would be a valid contract and the Beneficiary could sue for breach.

Where a testamentary trust of land or personalty is purported, the will in which it is contained must be in writing and executed in accordance with Section 9 of the Wills Act 1837, which means the Will must be signed by the Testator in the joint presence of Two witnesses, and then signed by the two witnesses in the presence of the Testator.

Where a Settlor wants to create an inter vivos trust of personalty, the formalities are minimal. Under the usual requirements for a trust (capacity, the three responsibilities etc), the Settlor must observe any formalities required to properly transfer the Property to the trustees – for example, the execution and delivery of a stock transfer form for shares.

To create an inter vivos trust of land or of an equitable interest in land, in addition to the formalities of transferring the land, the declaration of trust must be in writing and must be signed by the person able to create the trust – ie, the Settlor or his attorney [S.53 (1) (b) Law Property Act 1925]. Where this formality is not accepted, the Trustee would hold the land on trust for the Settlor rather than the Beneficiary. The exception is where the rule in Strong v Bird 1874 applies – the Settlor intended to make an immediate unconditional transfer to the Trustee, the intention to do this was unchanged until the Settlor's death, and at least one of the Trustee is the Settlor's administrator or Executor. In this case, as the property is automatically vested in the Settlor's personal representatives and the trust is constituted.

It is sometimes stated that no particular form of expression is necessary to create a trust if intention was present. Clearly this is not the case. There are formalities for creating inter vivos land trusts and testamentary trusts and if these are not followed, the trust will fail without consideration has been provided or the rule in Strong v Bird 1874 applies, even if the Trustee had the best intentions. Further, the form of words used in those formalities must be clear and unambiguous, or they may not amount to a trust. He goes on to say that 'a trust may be created without using the word "trust"' and this is true in that other words and conduct to that effect are sufficient. However, the Court does not just regard the 'substance' of the words. If the word used does not meet the 'three assurances' or, for example, the person making the declaration does not have the capacity to make a trust, the trust will fail. This is clearly not the desired 'effect' and not the owner's intention.

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Factors That Affect the Price of an Airline Ticket

The wide range of prices encountered when shopping for an airline ticket, make this a daunting task. What factors affect the price?

  • Fuel cost has one of the greatest effects on tickets. As the price of crude rises, so do the airline's costs. Airlines that negotiate fuel acquisitions well into the future can avoid sudden spikes, and pass on savings to the customer.
  • A weak economy causes people to cut back on non-essential travel. This encourages airlines to give discounts to lure fliers back. Conversely, when business is good, and planes are filled to capacity, there is little incentive to offer low price airline tickets.
  • Airport fees are another part of ticket prices. Airlines using smaller airports save on fees.
  • Destination is a factor. Competition will greatly affect price. An airline that enjoys a virtual monopoly for a particular route can charge pretty much what they want. Those flying international routes have stiff competition from other countries, and have to keep prices in line with what they are offering.
  • Budget airlines can sometimes provide the cheapest airline tickets through a "no-frills" approach. This is most effective on short-haul domestic flights.
  • Timing plays a role. If departure time is nearby, and a flight still has a lot of empty seats, the airline may offer them at a substantial reduction. If flying on a particular day is not critical, it may worth holding out until the last minute.
  • Where the ticket is purchased can affect its cost. Travel agents get bargains from the carriers, but charge for their services. The internet produces some bargains, but be careful who you are dealing with. Occidentally the airlines' own websites have unadvertised discounts.
  • Plain, old-fashioned greed. Air travel is a market driven economy, and airlines will charge as much as they can get away with. Do not believe anyone. Do your own research.

When shopping for cheap flights, be aware of what you are actually comparing. One airline advertisements a flight to an Asian destination, as $ 800, while another gives a price of $ 1300. Reading the fine print shows that the "cheap fare" has another $ 700 in hidden fees and surcharges, meaning it is actually $ 200 more than the all-inclusive fare.

There are many factors that affect the cost of an airline ticket. How well the carrier manages these costs will determine their bottom line. Competition is the key, airlines that most want your business will offer the best deals. Careful shopping will help find the cheapest flights.

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Advantages of Bus Travel

Bus is the most popular transport nowadays. Many people choose bus as the best transport for them because of the many advantages they find in it. Others never get on a bus, thinking only of the disadvantages, which are truly a lot. Here I will tell you the reasons why it is better to choose travelling by bus rather than travelling with your car for example.

The good standpoints for travelling by bus

Many people choose bus transport because it is cheap. This is the main reason why when you get on a bus you will see mainly students and old people. The tickets for long destinations are much cheaper than the flight tickets. You can also by a card for every month and travel at reduced fare. This is also a good advantage to choose bus transport, because it saves you money that you can spend on your next vacation.

Another good advantage of bus transport when going on short travels is that bad weather won’t be a problem for the bus driver. If you are planning to go to the nearest village with your bicycle and it starts raining or snowing, you will get wet for sure. If you choose the bus, you can save yourself this uncomfortable situation and it also can save you money because it won’t get you sick. Also if you choose to take a flight and the weather surprises you and a storm comes out, you may be waiting for hours because of delayed flights.

However, this won’t happen if you choose bus travel. In modern buses, you will have an air conditioner, toilet, the bus-hostess will offer you drinks and snacks to make your trip more enjoyable, and there are also at least two TV sets in new travel buses. So you can enjoy your trip watching a movie and having a snack without worrying when will be the next stop for the toilet. Also if you are travelling on a bus for more hours or even days, you can always make new friends there. So, the new social contacts are the other advantage of the bus. And if you have to choose between a plane or bus, remember that you will see much more if you are travelling with a bus. The bus also stops at many places during the travel and in that time, you can have a coffee or a cigarette if you are a smoker. In the plane this could not be done.

Another good advantage of buses is that they reduce the traffic jams in the rush hour in big cities. Imagine that everyone uses cars. The traffic jams will be a lot bigger than they are now. In some countries like India, a bus can gather more than 150 passengers. Imagine that all these people were using their cars instead of bus transport the cities will be crowded.

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