All Flashcards

(40 cards)

1
Q

CA investigating agency for discrimination

A

department of fair employment and housing

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2
Q

general duty to disclose which facts

A

material facts

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3
Q

adverse affects action

A

conduct a visual inspection and write them on transfer disclosure statement. Sellers agent does this

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4
Q

PETE

A

police, eminent domain, tax, escheat

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5
Q

eminent domain

A

buy out your land for roads and other important stuff

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6
Q

comdemnation

A

process of using eminent domain

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7
Q

escheat

A

when owner dies and has no heirs to inherit, property goes to state

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8
Q

common law

A

AKA english law - cases decided before a judge on precedent

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9
Q

civil law

A

spanish - settle disputes with elaborate statutes to address issues in advance

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10
Q

real property

A

a bundle of rights in a thing.

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11
Q

profit a prandre

A

mineral rights owner, and service rights owner - two owners on one piece of land

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12
Q

appurtenant

A

incidental - water rights, etc

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13
Q

3 key water rights

A

right to use water, right to take water by appropriation, right to take water with prescriptive rights

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14
Q

riparian rights

A

right to use water - surface water contiguous to land

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15
Q

appropriation

A

diversion of water for reasonable use

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16
Q

public trust doctrine

A

riparian, appropriation and prescriptive rights are subject to the states interest in conserving and regulating water use

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17
Q

prescriptive rights

A

unreasonable easement for a period of 5 years

18
Q

crops that have already been sold are

A

personal property

19
Q

fixture

A

personal property that has become physically attached to RE

20
Q

MARIA

A
is it a fixture or reomvable? 
manner of attachment
agreement between parties
relationships of the parties
intention of the parties
adaptability of the attachment
21
Q

trade fixtures

A

personal property tenant takes away at end, cannot damage RE

22
Q

appurtenant easement

A

AKA incidental rights - owners right to use adjoining property, not on title. ex: road

23
Q

not owned until possessed

24
Q

estate

A

ownership of leasehold interest a person may hold in real estate

25
three categories of estates
fee, leasehold, life
26
types of fee estates
fee simple, inheritance, perpetual, "the fee"
27
types of leasehold estates
leaseholds, estates for years
28
fee owner
can do anything you want with property
29
DRE can do what
punish the broker for discrimination
30
intentional or unintentional unlawful practices by an agent
implicit discriminatory practices
31
is the broker responsible when their agent discriminaes
yes
32
failure to provide financing in certain communities
redlining
33
written notice at broker office, bank or other lender that shows they cannot descriminate (fed or state)
fair lending disclosure - state
34
what is the maximum penalty for discrimination? how long does lender have to respond?
$1,000 - 30 days
35
ECOA
federal - same discriminatory stuff
36
HMDA - main issue it covers
redlining
37
HMDA needs to be where
posted in lenders office for 5 years
38
FFHA
federal fair housing act - advertising
39
poster in office needed
fair housing aka equal opportunity
40
broker agent employment agree
fee