Chapter 19 Flashcards

Basic Construction

1
Q

Foundation

A

Supports a home and protects it from damage.

  • Concrete slab
  • Crawlspace
  • Basement foundation
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2
Q

Foundation Detail

A

Basic components:
* Footings
* Slab
* Foundation
* Wall
* piers

Major types: concrete slab, basement, crawl space

Termite protection: chemical treatment of ground near foundation walls and piers and use of pressure traeted wood

Ventilation
Waterproofing

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3
Q

TP

Footing

A

The LOWEST part of construction

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4
Q

TP

Framing: Lowest Part of the Framing is:

A

SILL plate. This is what rests on top of the footing.

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5
Q

Exterior Wall Sheathing

A

Sheathing: plywood or partical board
Wrapped in tar paper or house wrap

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6
Q

TP

Window Construction: Muntin

A

Divide, reinfoce, and join class (constructive)

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7
Q

TP

Window Construction: Mullion

A

Vertical memebers of a window or door (decorative)

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8
Q

TP

Highest Part of the Roof Framing is: :

A

The ridge/ridge board

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9
Q

RPOADS

RPOAD Exemptions

RPOADS does not apply to vacant land or commercial property

A

New construction
Transfer between spouses
{fill in rest of list}

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10
Q

2 Parts to an HVAC System

A

Indoor (air handler, furnance)
Outdoor (heating and cooling unit)

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11
Q

Certificate of Occupany

A

Needs to be issued by county before buyer can move in

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12
Q

TP

Residential Square Footage Guidelines

A

MLS requires you to advertise it but NOT real estate commission

Living area: heated, finished, and directly accessible from other heated living area.

Agents expected to VERIFY square footage on their property.
* Cannot rely on tax records, owner, past transactions

Measure from the EXTERIOR when possible (TP)

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13
Q

Living area

A

Heated, finished, and directly accessible from other heated living area.
Bsement: Earth and adjacent to one side. Considered “below grade

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14
Q

Measuring From Interior

A

If we have to measure from the inside:

Homes: Add 6” for each interior wall
Condominiums: DO NOT include the walls

Note: in condos we own air space - wall to wall

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15
Q

Stairway Rules

A

The stairs are included in the first and second floor

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16
Q

Ceiling Height

A

Has to be 7’ in height to count as liviing area (include in sq footage)

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17
Q

Sloped Ceilings

A

You walk outside of the room until the ceilimng height is 5’. From there you start measuring square footage.

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18
Q

Basements: Pipes and Beams

A

You can go up to 6’ 4” and it will count (vs. 7’)

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19
Q

MOG

MOG

A

{review what this is and the exemptions}

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20
Q

Agency Disclosure

Agency Disclosure

A

Disclosing who we represent in anyone

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21
Q

Agency Disclosure

What we use to tell the consumer who we represent

A

Form:
Working with Realestate Agents Disclosure Form
{read the form}

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22
Q

Agency Disclosure

When is the Agency Discolsure Form Presented?

Form is “Working with Reall Estate Agents”

A

Presented at: First Substantial Contact
When the customer starts giving you personal information: i.e., this is my price range, what I can afford, I have to sell a house, why I am moving.

Need to stop them and give them the disclosure form. Have to give it to them within 3 calendar days.

It is not ok to just have a link in your email signature. You have to discuss the form with your customer at first substantial contact.

No. They do not have to sign it but we need to document they did not sign. Keep for three years.

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23
Q

Agency Discloaure

What kinds of transactions require use to use this disclosure

A

All REAL ESTATE **SALES **transactions (dont choose all realestate transactions becasue this could pertain to porperty management)

on test do not pick rentals or property management pick SALES

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24
Q

Single Agency, Designated, Dual Agency,

A
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25
# Agency Disclosure What do we need to disclose at initial contact
Have to disclosure to another broker you atre a broker and who you represent (broker to broker)
26
In order to start a relationship: seller side
we would get a signed listing agreement
27
In order to start a relationship: Buyer side
*Before* manking an offer
28
# Dual Agency Designated Dual Agency | This is when both agents are withing the SAME firm
2 licensee * 1 designated by firm/BIC to represent seller * 1 designated to represent buyer | Listing agreement has to be **in writing **at THE **FORMATION** OF THE R ## Footnote Rules: 1. BIC and provisional broker cannot be in designatd dual 2. If you have confidential information about the other party you cannot be designated
29
# Dual Agency To Practice Dual Agency We Need
1. Discloure 2. Consent *from both clients* ## Footnote Listing agreement has to be **in writing **at THE **FORMATION** OF THE RELATIONSHIP
30
# Buyer Agreements Buyer Agreements: when need in writing ## Footnote Before this it is a verbal agreement.
Prior to making the first offer ## Footnote need it in writing prior to first offer
31
# RPOADS As a listing agent
We provide them with the form (RPOADS) and advise them of their rights. 3 day recission period if we do not provide prior to making an offer Their biggest right is to decline broker representation.
32
# Misrepresentation and Ommission Misrepresentation ## Footnote Rules and Comments section of General Statues Laws. In appendix C.
Spoke something that was inaccurate
33
# Misrepresentation and Ommission Ommission
left someyhjing out
34
# Misrepresentation and Ommission Willful Misrepresentation
Lied
35
# Misrepresentation and Ommission Willful Ommission
Left it uot on purpose
36
# Misrepresentation and Ommission Negligent Ommission ## Footnote Page 835.
Forgot and left it out
37
Listing Agreemnet and Buyer Agency Agreements
These are. EMPLOYEMNT contracts different than SALES CONTRACTS
38
Sales Contracts
Contract is between buyer and seller
39
Purpose of the listing agreement
To find a ready, willing, and able buyer
40
# Llisting agreeemnt The following MUST be included in a listing agreement
1. License number 2. Non discrimination clause 3. Beginning and end date - no automatic renewal
41
When do we deliver documents | Delivery of Instruments Rule AKA
* Immediatley but never later than 3 days * Need to also turn into the firm no later than 3 days ALL DOCUMENTS
42
# Type of Listing Exclusive Agency Agreement (the seller can sell themselves and I do nt get paid) vs. Exclusive Right to Sell (I get paid no matter what)
If the seller sells themselves:
43
# Bonuses Do We Have to Discolsure Bonuses? | i.e., builder bonus
Yes. Prior to making an offer
44
# Termination of Agency Agreements What terminates an agreeement | buyer agency agreement and buyer broker agreement are the same
* Expiration Date * Completion of Sale * Death of the Seller or Death of the Buyer * NOT death of agent unless they are a s**ole practitioner**
45
# Do Not Call List Do Not Call List
Check list every 31 days Exceptions (you do not have to check the DNC list if): Business relationship up to 18 months ago 90 days after they make inquiry FSBO if you actually have a buyer (you do not have to check the DNC list before you call them)
46
47
Anti Trust Act
* Price Fixing * Market Allocation (you work in this side of town, I will work on this side of town) * Boycotting: I am noyt going to show your listing becasue of XYZ * Unfair Competitive Trade Practices
48
# Advertising Guidelines When Advertising Listings
* We have to get consent from seller * Include firm name and BIC name on all advertising * Cannot discriminate | This includes ALL forms of advertising
49
# Oral Buyer Agency Agreement Oral Buyer Agency Agreement
* Is an expressed agreement * Cannot put a timeframe on an oral agreement * The agreement is non-exclusive. Buyer can work with as many agencies as they want. *
50
# Sub Agency Subagency Rules
* We are ALL subagents of the firm * If the firm has a seller (llisting cllient) we are all subagents of the seller * If the firm has a buyer we are ALL subagents of the buyer i.e., Buyer comes in to office and wants to see listing they dont have. You have to call listing agent and ask to show property. Have to ask firm | On the exam when you hear subagency it means the buyer DOES NOT want to
51
# Contracts Essential Elements of a Valid Contract | Needs to be in the contract for a court of law to enforce ## Footnote Must know this! Pg. 207 in adventure guide
1. Agreement Mutually 2. Competent Parties 3. Consideration (money or something of value) 4. Legal purpose)
52
# Contracts Void vs. Voidable
* A void contract cannot be enforced * A voidable contract (one person is able to void the contract) | Example: contarct with a competent party and incompetent party (minor).
53
# Contract Mistake of Fact
If there is a mistake of fact (both parties thought something different). The contract can be voided.
54
# Contracts: Offer and Acceptance What Makes an Offer Contract Valid ## Footnote Multiple test questions on offer accept and communications Mailbox rule
For an offer to be valid seller has to: * accept * signed AND * communicated to the other side | When it is communicated to the other side.
55
# NC Statue of Frauds Statue of Frauds
Certain documents have to be in writing to be enforceable (DREAMOILS) Deeds, Restrictive Covenants, Easements, Assignments, Mortage, O???, Installement Land Contract, Leases longer than 3 years, Sales contracts If you drop the S - we are now talking about the Connor Act Sales contract does noyt have to be recorded
56
Installemnt Land Contracts
Full legal title is given when it is paid off Buyer has equitable title
57
Option Contract
Know this
58
Unilateral Contract
59
# License Law Who Needs a License
Buy, sell, lease for others for compensation need a license Exemptions: attorney, selling or leasing your own property including LLC, FSBO, | exemptions: TP
60
Firm LIcense
Any firm that is an entity needs a firm license
61
Licensed and Unlicensed Assistants in Property Management vs. Sales Office
62
How much education for PB
3 - 30 hour courses within 18 months of day of licensure If not completed by then you become inactive Continuing Education: 4 hours of elective done by June 10. If not, midnnight on June 30th become inactive BIC = 8 hours of education. BIC update and 4 hours elective Inactive is due to educationm Exoired is due to
63
BIC
2 years experinec
64
LImited Non-LIcensed Commercial Broker
Need to advertise what kind of broker they are Know what they can and cannot do
65
Amendment (changes terms) and Addendum (adds terms)
66
Rights when porerty borders a bodyy of water
Latoral rights: large bodies of water with tides. Own: Mean or average high tide mark Riparian Rights: Property line ends (depends) - if the water is navigable or non-navigable BY motorboat Non-navigable: property ends in center or moddle of waterway Navigable: property line ends at the edge of the shoreline
67
Personal Property vs. Fixtures
68
Total Circumstance Test
XXX Method Adaptation
69
# Types of Estates Types of Estates
Think about how we hold title and deeds 1. Fee Simple/Fee Simple Absolute 2. Defeasible Estate (ownership can be defeated - comes with conditional ownership ~ if you do xyz) 3. Life Estate: conventional life estate vs. por avturave (for the life of another. measuring life is not grantee, it is another party.)
70
How We Take Title (upon death)
Severalty (one person or entity) Will go to heirs or by will **Co-ownership** (more than one person) * Tenancy by entirety (married when you took title) - always survivorship * **Tenants in Common** (many owners - can be 2 or 200) - never have survivorship. If someone dies, the other ownership passes to the heirs * **Joint Tenancy** (buy at same time from same person for same percentage) - has survivorship. In NC you need to write survivorship in the deed to take title.
71
Deeds
General Warranty Deed - grantor makes all types of promises to grantee for ever Special Warantee Deed - same promises to grantee but only for the time they own it Quit Claim Deed - no promises at all
72
Three Legal Descriptions
Meets and Bounds Lot and Block (refernced on plat map - subdivisions) US Governement Survey (used in west and midwest).
73
Title Insurance
* Backs up the promoses the grantor is makng in the deed * 2 polices: one for brrower and one for lender
74
Land Use Controls
Legal non-comforming use: zoning changed, you are granfathered to continue | chapter 5
75
Public Offering Statement
Recision period for new construction 7 days Condo 5 days
76
Liquidated Damages
Agreed upon amount $$ written in contract in case of breach (earnest money)
77
Ammoritization
Lona that is paid in full
78
Co-ops
Buying shares of stock and fo rthat you are getting a proprietary lease for property
79
Commission Splits
REad who buyer is and ....... review
80
RESPA TILA (review trigger terms)
81
Affiliated Business Relationships
Under RESPA we need to disclose how much these peple charge and client is not required ot use them
82
Fair Housing
Note: The government extended sexual orientation as a protected class
83
Primary MOrtgage Market vs. Secondary
Primary: banks and credit unions Secondary: Fannie May, Freddie Mac (buying loans)
84
Sue for Partition
Trying to go to court to force the sale | cant do with tenancy by entirety (co-owner by spouse)
85
RESPA
* Prohibits illegal kickbacks between setllement service providers * Disclosure of settlement costs (disclosure 3 days prior to closing)
86
# Finance Documents to Sign at Closing
Signing 2 documents * Mortage/Deed of Trust (depending on state - NC). Collat * Promisory Note
87
# Finance Promisory Note
Mortage Note or Note Know clauses in promsory note due on sale clause: bring me all your money now Accelleration clause: bring me all yoyur money now becasue you defaulted Pre-payment penalty: I am going to charge you more money Defeatance Clause: It has been paid off, I am going to release my lien on the property
88
Full Performance Impossibility of Performance
89
Picture questions C: property taxes
90
# Math for Exam * 1. Tax bill proration * 1. Excise tax * 1. Commission math * 1. Annual interst or loan interest (daly, monthly, etc.) * 1. Cash that a buyer brings to closing * 1. Cash a seller walks away with (proceeds) * 1. Loan factor math * 1. Principle reduction of balance after one payment * 1. Loan origination fees and dicount points * 1. Acreage math Loann to value Debt to income Adjustments on comps (CMAs) Net Operating Income (cap rate) Cost approach Profit loss Area math - other areas
Tax bill proration Excise tax Commission math Annual interst or loan interest (daly, monthly, etc.) Cash that a buyer brings to closing Cash a seller walks away with (proceeds) Loan factor math