Data processing: financial – business practice – management – or co – Automated electrical financial or business practice or... – Electronic shopping
Reexamination Certificate
1999-08-30
2004-01-27
McClellan, James S. (Department: 3627)
Data processing: financial, business practice, management, or co
Automated electrical financial or business practice or...
Electronic shopping
C705S037000, C705S014270
Reexamination Certificate
active
06684196
ABSTRACT:
BACKGROUND OF THE INVENTION
The present invention relates to facilitating transactions between remote parties via a network. More specifically, the present invention provides methods and apparatus for facilitating real estate transactions from beginning to end via the Internet.
Engaging in online economic activity via the Internet is becoming increasingly common. Electronic commerce (e-commerce) web sites and e-commerce applications are rapidly proliferating. Internet users can, among other things, bank, invest, buy and sell goods and services, and engage in a wide variety of forms of entertainment online. On some e-commerce sites consumers can specify details about a desired product and consummate a transaction as long as the level of complexity of the transaction is relatively low.
One area of commerce which has not yet fully taken advantage of the potential of the Internet is the real estate market, and, in particular, the residential real estate market. This is true for a couple of reasons. First, real estate, especially residential real estate, is being bought and sold according to a decades old paradigm. That is, the key players in the industry, realtors, mortgage brokers, and title companies, are fairly conservative, somewhat technically unsophisticated, and generally reluctant to embrace change. This results in a process which, for many home sellers and buyers, is shrouded in mystery, appearing arcane and convoluted, not to mention inefficient, inconvenient and expensive.
Second, because of the high level of complexity, remote online facilitation of real estate transactions is a challenging endeavor. That is, in order to facilitate a residential real estate transaction from beginning to end, the conservative players in the industry must be made to work in a coordinated way and, in some cases, against their own perceived interests, to make the home selling and buying process understandable and user friendly. To date, this has not been accomplished.
Rather, for example, when someone wants to buy a home under the current paradigm, not only must they spend inordinate amounts of time attending open houses and meeting with their real estate agent, they must also meet and communicate with mortgage brokers, lending institutions, title companies, and escrow officers. If the process is being engaged in from a geographically remote location, these inconveniences are only exacerbated. In short, despite the rapid advancement of technology in many areas of commerce, buying or selling a home today can be a very frustrating, inefficient, and time consuming process.
That is not to say that there have not been some attempts to modernize the process. Information technology is sometimes used in the process in a peripheral sense, but is not central to the typical residential real estate transaction. For example, some real estate agents have an online presence, using web sites for providing information to prospective buyers and sellers. Online automation of the loan brokering process is also currently available. However, none of the real estate related sites currently accessible online do more than facilitate one or more of the many steps in buying or selling a home. That is, none can take the buyer or seller through the entire transaction.
Even on the few sites that allow buyers to submit initial bids online, once the bid is submitted, the transaction proceeds offline in the traditional manner, typically including several rounds of offer and counteroffer before both parties agree. That is, a bid that is accepted must still follow the traditional non-internet procedures of writing an offer which is then submitted to the seller. The seller may then write a counteroffer to include or exclude terms from the contract. The buyer may then submit a counteroffer of her own if she is not happy with the terms outlined in the seller's counteroffer. Even after the written offer is finally accepted, the same back-and-forth process is often repeated once the buyer conducts inspections. Needless to say, this process is time consuming and inefficient.
In addition, most online bidding processes to date operate such that the actual placement of bids takes place at or near the end of the process. That is, there are no incentives for a buyer to place a bid during the early part of the specified bidding period. This unnecessarily extends the process by several days.
It is therefore desirable to provide an online, streamlined alternative to the current real estate process which allows both buyer and seller to initiate, engage in, and consummate a real estate transaction.
SUMMARY OF THE INVENTION
According to the present invention, methods and apparatus are provided by which a real estate transaction may be initiated and facilitated from beginning to end largely via the Internet. According to various specific embodiments, the present invention provides a “one-stop-shop” for home buyers to find and purchase homes, and for home sellers to list and sell their homes. It replaces the currently prevailing complex and frustrating paradigm with a convenient and technologically advanced one. Both buyers and sellers can take advantage of the advice of experienced, online real estate professionals as they navigate through a clearly explained, multistage process which culminates either in the purchase or sale of their home. It should be noted that while several embodiments of the invention are described herein with reference to residential real estate transactions, the techniques described are equally applicable to commercial real estate transactions.
The personalized transaction manager of the present invention allows the buyer and seller to conveniently complete most of the stages of the transaction online. For example, the buyer may select an agent and identify an appropriate property, even where the target neighborhood is a great distance from the buyer's current residence. The transaction manager also provides access for both buyer and seller to a variety of real estate services relating to the various stages of the transaction. For example, the buyer can apply for financing, homeowner's insurance, and title insurance using the transaction manager. The buyer may also schedule inspections and comply with various regulatory requirements. The buyer and seller may engage in complicated negotiations with regard to the selling price of the property as well as many other standard and nonstandard terms and contingencies. The buyer and seller may establish an escrow account for effecting transfer of title. Both buyer and seller may monitor the status of the transaction at any time.
There are a number of advantages for both buyer and seller associated with using a centralized transaction manager to integrate all of these aspects of a real estate transaction. Obviously, convenience is a major benefit in that much of the work may be done on the user's own time, and in that most of the necessary real estate services may be procured from a central access point. This is especially true for buyers who are relocating to remote geographic locations.
According to a specific embodiment, the bidding process of the present invention provides incentives for buyers to place “preemptive” bids and for sellers to accepts such bids before the end of the bidding period. This, in turn, creates early opportunities for an auction type of scenario, e.g., upon submission of the first bid. It will be understood that these features of the invention can reduce the negotiation process by several days over currently existing paradigms.
According to another specific embodiment, the bidding process of the present invention streamlines the negotiation process by allowing the seller to establish “Requirements For The Sale” in the “Notification of Intent to Purchase Real Property” form. This requires prospective buyers to place a bid based on the seller's explicit requirements. Thus, when the contract is subsequently written, most if not all of the terms important to the seller have already been accepted by the buyer. Not only does this
Brooks Nathaniel A.
Mini Juan F.
Beyer Weaver & Thomas LLP
McClellan James S.
zipRealty, Inc.
LandOfFree
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