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Real Estate > California Real Estate Practices > Flashcards

California Real Estate Practices Flashcards

Learn Real Estate Key Terms

1
Q

Acceptance

A

an offeree’s agreement to the terms of an offer.

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2
Q

Accession

A

The right to all that one’s own property produces, including that which is added, either naturally or by human action, to the property already owned.

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3
Q

Accord and Satisfaction

A

An agreement in which the parties agree to discharge the original contract in favor of a new one, wherein accepted performance is often less than what was initially owed.

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4
Q

Accretion

A

The process that results in the gradual increase in land area through deposits of soil by natural forces.

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5
Q

Addendum

A

An addition to a completed contract that specifies supplementary information to the contract; plural is “addenda”

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6
Q

Agency Agreement

A

A mutually binding understanding between two parties that authorizes one party (the agent) to act on the other party’s (the client’s) behalf to accomplish a specific goal.

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7
Q

Agency disclosure

A

The act of explicitly informing all parties about whom an agent is representing.

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8
Q

Air Conditioning

A

A major system in home construction that cools the interior of the structure, usually through the use of an air-cooled or water-cooled process

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9
Q

Amendment

A

A change or modification to an already agreed-upon contract.

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10
Q

Appraisal

A

An official valuation given to a property by a licensed appraiser

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11
Q

appraised value

A

An estimation of property’s value as of a specific date, performed by a certified appraiser

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12
Q

Appraiser

A

An individual who is trained and licensed to perform appraisals, which estimate the value of real property.

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13
Q

Arbitration

A

A formal resolution tactic in which the arbitrator hears both sides( including evidence and even cross-examination sometimes) and then issues a verdict.

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14
Q

As is Clause

A

If this clause is included in a contract, then the buyer agrees to accept the property in the condition visible or observable to them; however, the seller must still disclose known material facts.

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15
Q

Asbestos

A

A naturally occurring mineral fiber that is commonly used in insulation but if airborne or inhaled, can cause severe respiratory health issues.

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16
Q

aasemblage

A

the combining of multiple contiguous pieces of real property into a single tract of land, often resulting in an increase in value.

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17
Q

assed value

A

the value placed on a property by a governmental unit for use in calculating property taxes.

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18
Q

assignee

A

Person to whom the assignment is made.

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19
Q

assignment

A

the transference of rights and obligations in a contract from one party to another.

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20
Q

assignor

A

the person assigning a contract.

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21
Q

associate licensee

A

a licensee operating under the sponsorship, authority, and guidance of ( and on behalf of) their broker in a brokerage environment

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22
Q

attachments

A

physical objects permanently attached to land (can be human made or natural).

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23
Q

avulsion

A

the sudden loss of land by flood or when a stream or river changes course.

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24
Q

basement

A

the bottom floor of a building that is partially or completely below ground level.

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25
Q

Beams

A

long horizontal pieces of squared wood or metal that span an opening or part of a building.

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26
Q

bearing wall

A

a wall that bears the weight of a roof, ceiling, or floor.

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27
Q

bilateral contract

A

a contract wherein both parties are obligated to perform in an exchange of promises

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28
Q

blockbusting

A

the illegal act of causing owners to sell their homes by creating fear that members of a protected class are moving into the area; aka panic peddling.

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29
Q

branch office

A

any office where business is conducted other than the principal office.

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30
Q

broker associate

A

an individual licensed as a real estate broker but who works in the capacity of a salesperson for another responsible broker corporation

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31
Q

building envelope

A

the exterior shell of the building that encloses the interior and acts as a physical separator between the conditioned and unconditioned environment of a building

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32
Q

building permit

A

a legal document from a local authority that authorizes a construction or remodeling project.

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33
Q

bundle of rights

A

ownership of land with all of the legal right of possession, control, quiet enjoyment, exclusion, transfer, and encumber

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34
Q

buyer representation agreement

A

an agency agreement between a broker and a buyer wherein the broker represents the buyer in their effort to purchase or lease a property.

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35
Q

capital expenditure

A

an expense paid in order to improve a property

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36
Q

capital improvement

A

an upgrade or improvement to a property that falls outside the scope of normal repair and maintenance, usually with the intention of increasing value

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37
Q

cash flow

A

measures the amount of cash flowing in and out of a business

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38
Q

certificate of occupancy

A

a document issues by a code enforcement officer that states that the building is ready and fit for occupancy.

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39
Q

chattel

A

a commonly used term for personal property in the world of real estate.

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40
Q

close of escrow(COE)

A

in California, the date the grant deed, or other evidence of transfer of title, is recorded for any real property.

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41
Q

commingling

A

the illegal act of mixing personal funds with a client’s funds

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42
Q

comparable ( comp)

A

any property which has sold and is similar enough in features, location, and proximity in time to inform the value of a subject property.

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43
Q

comparable market analysis (CMA)

A

a report that compares the prices of recently sold or listed homes in order to estimate the market value of a similar property located in the same area.

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44
Q

compensatory damages

A

the award given to a wronged party as compensation for actual injury or loss; aka actual damages

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45
Q

concealment

A

withholding information or a material fact

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46
Q

consideration

A

something of value exchanged by the parties as evidence of agreement to the terms of a contract

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47
Q

contingency

A

a provision within a contract that makes performance conditional upon the occurrence of a stated fact

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48
Q

contract

A

a legally enforceable and binding agreement between parties wherein to do or not do something is given in exchange for valuable consideration

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49
Q

contract for deed

A

a sales contract in which the buyer pays the seller for the property in multiple installments for a predetermined length of time, and the seller holds the title until the property has been fully paid for; aka installment sales contract or land contract

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50
Q

contribution

A

the amount of market value added to a property by an addition or improvement to the property; not necessarily the same as the cost of the improvement

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51
Q

conversion

A

changing real property to personal property, and vice versa; also the illegal act of appropriating client funds for purposes other than for which they were intended

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52
Q

corrective maintenance

A

the repair of equipment after it has broken

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53
Q

cost approach

A

a method of estimating the value of a property by determining how much it would cost to replace the building or other improvements, minus the cost of depreciation, plus the value of the land itself

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54
Q

cost-depreciation approach

A

method of estimating the value of a property by determining how much it would cost to replace the building or other improvements, minus the cost of depreciation, plus the value of the land itself

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55
Q

counteroffer

A

a contract proposal submitted in response to a previous offer, modifying the terms of the original offer; considered a rejection of the original offer.

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56
Q

crawl space

A

a hollow, unfinished space found underneath a house between the ground and the first floor

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57
Q

curable

A

depreciation that can be fixed at a reasonable cost

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58
Q

demand

A

a measure of the general desire for an asses or commodity at a given time

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59
Q

depreciation

A

a reduction in value for any reason

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60
Q

doctrine of laches

A

a legal principle used to bar dated claims; used in conjunction with an unreasonable delay or negligence in asserting or defending one’s rights

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61
Q

domestic water

A

water used for indoor household purposes

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62
Q

drain trap

A

a device used in a waste system to prevent the passage of sewer gas into the structure

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63
Q

drywall

A

a board made of gypsum plaster pressed between thick sheets of coarse paper

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64
Q

due diligence

A

a legal term used to describe the reasonable steps a person must take in order to satisfy a legal requirement

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65
Q

due process

A

a fundamental principle of fairness in legal proceedings

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66
Q

duress

A

the unlawful effort, such as threats of physical violence or other pressure, to coerce a party to perform an act

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67
Q

earnest money

A

funds paid to confirm or commit to a contract

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68
Q

eaves

A

the lowest edges of a roof that overhang the face of a wall and project beyond the side walls of a building.

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69
Q

economic life

A

the length of time for which an improvement on property is expected to remain functional and useful.

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70
Q

effective gross income

A

the total annual income that a property produces; does not account for any expenses

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71
Q

electrical system

A

refers to the major system in residential construction that allows the distribution of electricity from an outside power source to safely flow throughout a home.

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72
Q

emblements

A

crops ( or the profit from crops) grown by a farmer that are considered personal property.

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73
Q

erosion

A

the gradual loss of land over time

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74
Q

ethics

A

standards of conduct agreed upon and recognized by a particular group or culture.

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75
Q

exclusive agency listing

A

an agreement in which the seller has an exclusive relationship with a broker but retains the right to sell the property without having to pay a commission

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76
Q

exclusive authorization and right-to-sell listing

A

an agreement in which the seller guarantees the named broker receives a commission if the property is sold, regardless of whom bring the buyer

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77
Q

executed contract

A

a contract in which all terms have been fulfilled by all parties

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78
Q

executory contract

A

a contract that has not yet been fully performed (both sides have not yet completed their obligations)

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79
Q

express contract

A

an oral or written contract in which the parties explicitly state or express their intentions and their expectations regarding the contract and the exchange of promises

80
Q

financing contingency

A

requires that the buyer get approved for a loan before being able to complete the purchase of a home

81
Q

first substantive contact

A

the critical point at which agency disclosure is required by a license holder; generally occurs at the first face-to-face meeting with the customer and prior to the sharing of any confidential information or initiation of any action in regards to a specific property

82
Q

fixity

A

the economic principle that says that real estate exists in a fixed location and cannot be moved.

83
Q

fixture

A

an object that was once personal property but is now firmly attached to the land in such a way that it is considered to be real property.

84
Q

foundation

A

the architectural structure on which the building sits

85
Q

framing

A

the skeleton of a house that gives the structure support and shape

86
Q

fraud

A

wrongful or criminal deception intended to result in financial or personal gain.

87
Q

girder

A

the main horizontal support beam of a structure

88
Q

goodwill

A

good consideration, such as love and affection, that can be exchanged for valuable consideration in a contract or agreement; the exchange of which is generally seen as a gift on the part of the party giving up the valuable consideration

89
Q

gross income multiplier (GIM)

A

the ratio of the price of investment property to its annual total income before considering expenses like taxes and insurance, etc.

90
Q

gross rent multiplier

A

the ratio of the investment property to its annual rental income considering expenses like taxes and insurance, etc.

91
Q

hazard insurance

A

insurance against loss or damage to real improvements often required by lenders

92
Q

heat pump

A

an energy-efficient alternative to furnaces and air conditioners that works by moving heat rather than generating it.

93
Q

heating system

A

a major system in residential construction that generates and/or distributes heat throughout greatest yield.

94
Q

highest and best use

A

the use of property that is legal, physically possible, financially viable, and produces the greatest yield.

95
Q

home warranty plan

A

covers the costs to repair or replace items or systems that might break after the buyer takes possession (plumbing, HVAC, etc.)

96
Q

HVAC

A

an acronym referring to the collective efforts of the heating, ventilation, and air conditioning; is the major system used to control the heating, cooling, and movement of air in indoor environments.

97
Q

illiquidity

A

the relative difficulty of converting an asses to cash without loss of value

98
Q

implicit bias

A

a form of bias that occurs automatically and unintentionally, that nevertheless affects judgments, decisions, and behaviors.

99
Q

implied contract

A

a contract created by the actions of the parties rather than by express agreement

100
Q

improvement

A

any non-natural structure built on or affixed to land

101
Q

income approach

A

method of estimating the value of a property by applying a rate of return to the net income it procudes.

102
Q

income capitalization approach

A

the method of estimating the value of a property by applying a rate of return to the net income it produces

103
Q

incurable

A

depreciation that cannot be fixed or cannot be fixed at a reasonable cost.

104
Q

independent contractor

A

one who contracts to do work according to their own methods, and is responsible to their employer only as to the results of that work

105
Q

informed consent

A

the principle that a client or customer must understand and agree to certain actions or agency relationships prior to implementation

106
Q

inspection contigency

A

gives the buyer the right to get the home inspected and negotiate further if there are repair issues.

107
Q

insulation

A

material installed to help regulate the interior temperature

108
Q

intentional misrepresentation

A

occurs when a licensee purposely lies about a material fact.

109
Q

joists

A

long beams of wood or steel arranged horizontally and parallel to support a floor or ceiling

110
Q

land

A

the surface of the earth, including all permanently attached natural features, extending downwards to the center of the earth and upwards to infinity

111
Q

latent defect

A

any structural defect that cannot be detected by ordinary inspection

112
Q

laws

A

rules that are enforced by a local state, or federal government authority to help create order in society by establishing a “social contract” between citizens and the government.

113
Q

lead

A

a naturally occurring mineral that has been used in the manufacturing of paint and water

114
Q

lease agreement

A

a rental contract between the landlord (lessor) and the tenant (lessee)

115
Q

liability

A

the state of being responsible for something

116
Q

liquidated damages

A

damages established by the contract to to be paid as compensation int he event of default

117
Q

listing presentation

A

a listing agent’s opportunity to show a prospective seller client what their property could sell for and how it should be marketed; the agent’s goal is to sign a listing agreement with the client.

118
Q

management agreement

A

a written contract between a property owner and a property manager to establish all duties of the property manager, including operation and leasing activities.

119
Q

management proposal

A

a plan that a property manager creates for managing the property that includes an analysis of the market along with the financial standing, operating budget, and other important factors of the property

120
Q

market value

A

the price for which a property will theoretically sell under typical conditions

121
Q

marketing plan

A

a plan created to secure the other party needed to carry out a real estate transaction that includes sales and advising

122
Q

material fact

A

a fact that, if known, could cause someone to take a different course of action or make a different decision regarding the property to be purchased

123
Q

mediation

A

negotiation tactic that involves sitting down with a neutral third party (the mediator) and finding a resolution to the issue

124
Q

morals

A

the personal values derived from a system of beliefs

125
Q

multiple offer

A

occurs when more than one party submits an offer on a single property

126
Q

mutual agreement

A

a means of canceling a contract in which all parties agree to the cancelation

127
Q

mutual assent

A

the fully agreed-upon exchange of promises by the parties; aka offer and acceptance

128
Q

negligent misrepresentation

A

misrepresentation that occurs when the licensee unintentionally misstates something that they should have known

129
Q

net listing

A

an agreement in which the seller names a minimum sales price they will accept for a property, with any excess paid to the broker as commission

130
Q

net operating income (NOI)

A

a property’s annual income that remains after paying its operating expenses

131
Q

net sheet

A

prepared by the agent with every offer; gives a seller all possible net profits; gives a buyer all possible net costs

132
Q

novation

A

a mutual agreement of the parties to replace an existing contract with a new one

133
Q

offer

A

a proposition made by an offeror to an offeree to agree to the terms of a binding contract; becomes a contract upon acceptance

134
Q

offeree

A

party receiving the offer

135
Q

offeror

A

party making the offer

136
Q

open listing

A

a nonexclusive listing agreement that gives multiple brokers (and owners themselves) the right to sell the property

137
Q

option agreement

A

a listing agreement that includes an option for the agent to b the buyer of the property at an agreed price

138
Q

option to purchase

A

a unilateral contract that gives the optionee a window of opportunity during which they can exercise an exclusive right to buy a property; an option fee is paid for this right

139
Q

parol evidence rule

A

prohibits the introduction of any extrinsic evidence (oral or written) to very/add to the terms of a contract, deed, or other integrated written instrument; means that when a contract is expressed in writing, it’s intended to be the complete and final expression of the rights and duties of the parties; parol evidence is not admissible as evidence.

140
Q

patent defect

A

any structural defect that is easily discoverable upon inspection

141
Q

personal property

A

any unattached, moveable asset on the property not considered real estate (land plus improvements); ala chattel or personalty

142
Q

pitch

A

a roof’s vertical rise (in inches) divided by its horizontal run (in feet)

143
Q

plottage

A

an increase in overall value resulting from the successful assemblage of multiple plots

144
Q

plumbing system

A

the major system in residential construction having to do with the piping for hot water, cold water, and wastewater lines

145
Q

potential gross income (PGI)

A

the total rental income a property would receive if the property was 100% leased

146
Q

preliminary title report

A

a response to an application for title insurance, identifies the title and lists any defects, restrictions, liens, and encumbrances that would be excluded from coverage if the policy were to be issues that very day; does not provide any insurance and may not contain every item affecting title.

147
Q

preventative maintenance

A

conducting periodic inspections to catch minor issues before they become major failures

148
Q

principle of anticipation

A

states that the present value of a property is affected by the anticipated income or utility that property will give its property owner

149
Q

principle of contribution

A

states that the value of each component contributes to the total value

150
Q

principle of substitution

A

the idea that the value of something is affected by the cost of getting a similar (substitute) item elsewhere

151
Q

procuring cause

A

the defining action or actions that brought a buyer or buyers to purchase a property

152
Q

property management

A

the vocation of renting or leasing someone else’s real property on their behalf in exchange for compensation and in accordance with a property management employee contract

153
Q

protection period

A

a limited time frame after an employment agreement ends during which an agent can be owed compensation under certain circumstances.

154
Q

purchase contract

A

a contract used in the sale of real property that outlines the responsibilities of the parties and terms of the sale

155
Q

quiet enjoyment

A

a lessee’s right to possess a property without interference from lessor, previous owner, or anyone else about the claim to the title.

156
Q

R-value

A

the measure of an insulating material’s capacity to resist heat flow

157
Q

radon

A

an odorless, radioactive gas produced by the decay of other radioactive materials in rocks under the surface of the earth can cause lung cancer

158
Q

rafters

A

a series of sloped internal beams that extend from the eaves to the peak of a roof, running parallel to the roof’s pitch.

159
Q

real estate

A

land plus improvements

160
Q

real property

A

land from the surface to the center of the earth and upward into space, all attachments, and the bundle of legal rights of ownership

161
Q

reconciliation

A

the finding of a fair value using multiple appraised values, whether they be of different approaches or the same

162
Q

reliction

A

a gradual increase in land area when water gradually withdraws

163
Q

replacement cost

A

the actual cost of replacement without regard to the depreciation of the property

164
Q

reproduction cost

A

the cost of procuring exact copies of the building’s components, preserving the styles and materials used at the subject property’s original construction.

165
Q

rescission

A

an attempt to put the parties back in a position as though the contract never existed

166
Q

roof ridge beam

A

a horizontal beam at the peak of the roof to which rafters are attached

167
Q

rough-ins

A

the first interior work that must be done; includes such things as wiring, plumbing, and HVAC systems

168
Q

routine maintenance

A

monitoring, assessing, and attending to the needs of a facility’s most necessary features

169
Q

sale of other property contingency

A

makes the transaction contingent on the buyer selling their current property first

170
Q

sales comparison approach

A

property appraisal method that estimates value by comparing the subject property to the sales prices of similar properties in the same market area

171
Q

scarcity

A

the economic characteristic that informs the economic principle of supply and demand

172
Q

severance

A

the act of converting real property into personal property

173
Q

sheathing

A

the structural wood panel material used to cover wall, floor, and roof assemblies of buildings

174
Q

siding

A

the finished protective material attached to the exterior walls of a building, commonly made of vinyl, wood, brick, stucco, stone, or metal

175
Q

situs

A

the economic significance of a property’s location

176
Q

slab-on-grade

A

a type of foundation comprised of a concrete slab constructed at ground level

177
Q

specific performance

A

a legal remedy that requires certain types of contracts, including those conveying interest in real property, to be in writing to be enforceable

178
Q

statute of frauds

A

a law that requires certain types of contracts, including those conveying interest in real property, to be in writing to be enforceable

179
Q

statute of limitations

A

a legal concept that establishes time limits for bringing certain kinds of legal actions

180
Q

stigmatized property

A

property with suppressed market value unrelated to its physical condition or features; frequently as result of death of an occupant, murder, suicide, or suspected paranormal activity

181
Q

studs

A

a vertical board used in construction to frame and support a building

182
Q

subject property

A

the property whose value is begin determined

183
Q

substitution

A

an economic principle stating that the value of a good or service is affected by the cost of getting a similar (substitute) item elsewhere

184
Q

supply

A

in real estate, the amount of properties that are vacant or are available for sale or rent

185
Q

tankless water heater

A

a water system that operates without the use of a storage tank, rather heating water as needed

186
Q

time is of the essence

A

communicates to parties of a contract that they must perform their contractual duties by a specific date and time in order to avoid a breach of contract

187
Q

title

A

the actual ownership of a real property that includes the bundle of rights which a party may own a legal or equitable interest; not an actual document

188
Q

trade fixture

A

personal property that is owned by and needed for a tenant’s business

189
Q

unilateral contract

A

a contract wherein one party makes a promise and is obligated to perform if a second party chooses to accept the offer and perform in exchange for that which was promised

190
Q

utility

A

the degree to which something performs a desired function

191
Q

valid contract

A

a contract possessing the essential elements necessary to be legally binding and obligate performance

192
Q

value

A

the price for which a property will theoretically sell under typical conditions

193
Q

ventilation

A

refers to the major system in residential construction that circulates fresh air throughout the home; assists in the mitigation of damage from the accumulation of moisture

194
Q

void

A

lacking legal or binding force; used to describe a contract that is either illegal or impossible to complete

195
Q

void contract

A

la contract lacking legal force; often used with phrase “null and void”

196
Q

voidable contract

A

a contract wherein the wronged party has the option to perform, enforce, or void the contract

Real Estate (1 decks)

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