Real Estate Dictionary Flashcards

(1180 cards)

1
Q

What is a 1031 Exchange?

A

The Internal Revenue Code Section that allows a taxpayer to sell an investment property and purchase another investment property in its place without paying capital gains on the proceeds from the sale.

Also called Like-Kind Exchange or Tax-Deferred Exchange.

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2
Q

What is a Like-Kind Exchange?

A

The Internal Revenue Code Section that allows a taxpayer to sell an investment property and purchase another investment property in its place without paying capital gains on the proceeds from the sale.

Also called 1031 Exchange or Tax-Deferred Exchange.

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3
Q

What is a Tax-Deferred Exchange?

A

The Internal Revenue Code Section that allows a taxpayer to sell an investment property and purchase another investment property in its place without paying capital gains on the proceeds from the sale.

Also called 1031 Exchange or Like-Kind Exchange.

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4
Q

What does Abandonment mean?

A

Non-payment of taxes.

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5
Q

What is an Absolute Auction?

A

An auction where the property is sold to the highest qualified bidder; there is no minimum bid or reserve or right of confirmation.

Also called Without Reserve.

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6
Q

What does Without Reserve mean?

A

Absolute Auction: Property is sold to the highest bidder, with no minimum bid or right of confirmation.

By contrast: “With Reserve” means there’s a minimum bid such as $250,000

By contrast: “Right of confirmation” means the seller reserves the right to accept or reject the final bid

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7
Q

What is an Abstract of Title?

A

A brief, chronological summary of the recorded documents affecting title to a particular parcel of real property.

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8
Q

What is an Acceleration Clause?

A

A contract clause that gives the lender the right to declare all outstanding payments immediately due upon a default by the borrower.

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9
Q

What does Acceptance mean in contract law?

A

When a party agrees to the terms of an offer to enter into a contract, thereby creating a binding contract.

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10
Q

What is Accession?

A

The acquisition of title to land by its addition to real estate already owned, through human actions or natural processes, such as Assemblage or Avulsion.

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11
Q

What is Accounting in an agency relationship?

A

The agent’s fiduciary duty to the principal to strictly account for all monies received.

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12
Q

What is Accretion?

A

A gradual addition to dry land by the forces of nature, as when the tide deposits waterborne sediment onto shoreline property.

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13
Q

What does Accrued mean?

A

An accumulation.

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14
Q

What is an Accrued Expense?

A

Paid in arrears.
Cost incurred but not paid yet.
Item on a settlement statement.

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15
Q

What does Paid in arrears mean?

A

Payment for a good or service is made after the service or period has ended, rather than in advance.

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16
Q

What is an Acknowledgment?

A

Recognition of validity; a document signer’s declaration to an authorized official (usually a notary public) that he is signing voluntarily.

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17
Q

What is an Acre?

A

A measure of land area that is equal to 43,560 square feet.

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18
Q

What is Actionable Fraud?

A

Fraud that meets certain criteria, so that a victim can successfully sue.

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19
Q

What is Actual Eviction?

A

Legal process of forcing someone off of a property or preventing them from re-entering.

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20
Q

What is Actual Fraud?

A

An intentional misrepresentation or concealment of a material fact.

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21
Q

What is Actual Notice?

A

Personal knowledge of a fact, rather than knowledge imputed or inferred by law.

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22
Q

What does Ad Valorem mean?

A

-Latin: “According to Value”
-Similar to Assessed Value
-For taxes assessed on value of property

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23
Q

What is Adequate Consideration?

A

Consideration that is comparable in value to the consideration the other party to the contract is giving.

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24
Q

What is an Adjustable Rate Mortgage (ARM)?

A

A type of loan structure that permits the lender to periodically change or vary the interest rate charged, based on a standard index.

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25
Who is an Administrator?
When no one is named an executor of a will, the probate court will appoint an administrator to handle the estate.
26
What is Adverse Possession?
The open, notorious, hostile, adverse, exclusive, and continuous possession of another person's property for a statutory number of years, after which time the adverse possessor may seek to obtain title to the property.
27
What is an Adjustable Rate Mortgage (ARM)?
A type of loan structure that permits the lender to periodically change or vary the interest rate charged, based on a standard index.
28
Who is an Administrator in the context of probate?
A person appointed by the probate court to manage and distribute the estate of a deceased person when no executor is named in the will or there is no will.
29
What is Adverse Possession?
The open, notorious, hostile, adverse, exclusive, and continuous possession of another person's property for a statutory number of years, after which time the adverse possessor may seek to obtain title to the property.
30
What is an Advertisement in real estate?
-An announcement in type of media -For sale or rent or broker services -Follow guidelines for federal, state, and local fair housing laws
31
What is an Affidavit of Title?
A sworn statement in front of a notary from the seller (or grantor) with their name and marital status, which shows they own the property, and there are no new divorces, liens, judgments, unrecorded deeds, or title defects, since the title examination.
32
What is an Affiliated Business Arrangement (ABA)?
Party A refers settlement services to Party B in which they have an ownership interest after disclosing the ABA. Examples: -A real estate brokerage owns a portion of a title company and refers clients to that title company after providing a required ABA disclosure. -A mortgage lender and a title insurance company create an affiliated title agency that pays dividends to both companies in proportion to their ownership stake (70-30), not the amount of business referred (1,000 clients). Disclosure: The referring party must provide a written disclosure to the consumer at or before the time of referral, informing them of the ABA and their right to shop for services elsewhere. Non-Mandatory Use: Consumers cannot be required to use the affiliated business; they are free to choose other providers. Legality: ABAs are legal under RESPA if they meet specific requirements and are considered a "safe harbor" exception to the anti-kickback provisions.
33
What is Agency?
A relationship of trust created when one person (the principal) gives another person (the agent) the right to represent the principal in dealings with third parties.
34
What is Agency Coupled with an Interest?
This type of agency is designed to protect the agent's interest, ensuring the agent's investment is not jeopardized by the principal's actions. This interest is typically a right to benefit from the agency's actions. 1) The principal of the firm has to do what's in the best interest of the agents 2) The principal of the firm cannot revoke the agent's interest 3) The agent retains an interest even if the principal dies In a typical agency relationship, the principal can revoke the agent's authority at any time and the agency terminates upon the principal's death. However, an "agency coupled with an interest" is an exception. Since the agent has an interest, the principal cannot unilaterally revoke the agency and it survives the principal's death. Commission-Based Agent: A real estate agent who is entitled to a commission on the sale of a property has an agency coupled with an interest. Security Interest: An agent who is granted the power to sell property as security for a loan has an agency coupled with an interest.
35
Who is an Agent?
A licensed broker who represents another (the principal) in a real estate transaction; a person authorized to represent the principal in dealings with third parties (clients or customers).
36
What is Aggregate Rent?
The total rent for the full term of the lease.
37
What are Air Rights?
The right to undisturbed use and control of the airspace over a parcel of land (within reasonable limits for air travel); may be transferred separately from the land.
38
What is Alienation?
The transfer of ownership or an interest in property from one person to another, by any means.
39
What is an Alienation Clause?
Due on Sale Clause: A clause allowing the lender to demand the full and immediate payment of the mortgage when the owner pledges to transfer ownership of the property.
40
What is the Allodial System?
Anyone: The system of land ownership that allows anyone to own land.
41
What is Alluvion?
Solid material deposited along a shore by accretion. ## Footnote Also called Alluvium.
42
What is an Amenity?
A tangible or intangible feature that enhances or adds value to real estate.
43
Who is an Amenity Purchaser?
A person who values a property based on its ability to fulfill their specific business needs or use, unlike investors who value a property based primarily on its investment return.
44
What is the American Land Title Association (ALTA)?
A national association of title companies, abstractors, and attorneys. Members agree to promote uniformity, quality, and professional standards in title insurance policies.
45
What is the Americans with Disabilities Act (ADA)?
A wide-ranging federal civil rights law, signed in 1990, that prohibits, under certain circumstances, discrimination based on disability.
46
What is Amortization?
Occurs when a loan balance decreases because of periodic installments paid on the principal and interest.
47
What is an Amortized Loan?
A financial debt that is paid off over a period of time by a series of periodic payments. ## Footnote A loan can be fully amortized or partially amortized requiring a balloon payment to satisfy the debt at the end of the term.
48
What is Amperage?
Amount of electricity going through electric wires, measured in amperes (amps).
49
What is an Anchor Tenant?
Major department or chain store strategically located at shopping centers to give maximum exposure to smaller satellite stores. A center may have several anchor tenants. ## Footnote Also called Magnet Store.
50
What is Annexation?
Attaching personal property to land so that it becomes a fixture and the law views it as part of the real property.
51
What is Actual Annexation?
The process of physically attaching personal property to land, causing it to be a fixture.
52
What is Constructive Annexation?
Ex: House Keys Conceptually or effectively "attached" to the house/land, but not physically attached. Personal property which is closely associated with real property, so the law treats it as a fixture, even though it's not physically attached.
53
Who is an Annexer?
A person who owns an item as personal property and brings it onto real property, making it a part of the real property. Ex: You buy wood from Home Depot & build a fence Ex: You buy treet & plant them Ex: A mobile home park
54
What is the Annual Percentage Rate (APR)?
Loan amount + interest rate = true cost. Relationship between the amount financed and the total cost of borrowing, represented as a percentage. ## Footnote Also called Effective Rate of Interest.
55
What is Anticipation in economics?
-Economic principle -Value is created by the expectation of future benefits -Ex: Appreciation, Equity, profit on resale; pleasure; tax shelter; production; income, etc. -Anticipation is the foundation of the income approach.
56
What is Anticipatory Repudiation?
When one party to a contract informs the other before the set time of performance that he or she doesn’t intend to perform as agreed. The other party may immediately file a lawsuit for breach of contract without making a tender offer. ## Footnote Also called Anticipatory Breach.
57
What is Antitrust?
An area of federal law concerned with maintaining competition in private markets by prohibiting unlawful restraint on trade.
58
What is an Appraisal?
A professional estimate or opinion of the value of a piece of property (parcel of land), as of a certain date, that's supported by objective data.
59
What is the Appraisal Foundation?
A nonprofit organization recognized as the authority for professional appraisal standards.
60
What is an Appraisal Management Company (AMC)?
An entity that, for compensation, acts as a third party intermediary by contracting with independent real estate appraisers to perform appraisals for lenders.
61
Who is an Appraiser?
A person who estimates the value of property, especially an expert qualified to do so by education and experience.
62
What is Appreciation?
The increase in value of an asset over time.
63
What are Appropriative Rights?
Water rights allocated by government permit, according to an appropriation system. It is not necessary to own property beside the body of water in order to apply for an appropriation permit.
64
What is an Appurtenance?
-Usually transferred with the property but may be sold separately. -A right that typically goes along with ownership of real property -Ex: Air Rights, Water Rights, Mineral Rights, Oil & Gas Rights
65
What is Arbitration?
An alternative to a court proceeding where the parties agree to submit facts and evidence to an impartial third party for a decision.
66
What is an Area Variance?
Entitles landowners to use land in a way that is typically not allowed by the dimensional or physical requirements of the zoning law.
67
What is an Arm’s Length Transaction?
A transaction that occurred under typical conditions in the marketplace, with each party acting in their own best interest. 1) No previous relationship 2) Fair market rate
68
What does Arrears mean?
-After the fact, not on time, late in making payments or completing work. -Using it but paying for it later -Ex: property taxes, mortgage interest
69
What is As of Right Zoning?
Ex: I have the right to build an ADU on my property, if zoning codes allow. A property owner’s right to use or develop the property, if the proposed use accords with the zoning by-laws.
70
What is Asbestos?
-Toxic -Fibrous material, once common in buildings, for fire-proofing
71
What is an Ascending Bid?
An auction method where the bidding starts low and the auctioneer asks for more, allowing buyers to bid more until the item is sold to the highest bidder.
72
What is an As-Is Clause?
A statement in a contract that indicates the property is being sold without warranty in its present condition at the time of the contract.
73
What is Assemblage?
The act of combining two or more parcels of land into one larger parcel.
74
What is Assessed Value?
-Assessed Value for property taxes -The value placed on a property by a taxing authority for the purpose of taxation.
75
What is an Asset?
An item of economic value owned by an individual, especially those that can be converted to cash.
76
What is an Asset Class?
A grouping of investments that have similar characteristics and are subject to the same laws and regulations.
77
What is Assignment?
Transfer of rights or interests in a contract to another party
78
What is Assignment of Mortgage?
A lender/mortgagee (bank) transfers its rights in the contract to an assignee (like a debt collector) who receives the right to enforce the terms against the borrower/mortgagor.
79
What is an Assistance Animal?
An animal that provides emotional or physical support to an individual with a disability, lessening the effects of the disability. Also called Emotional Support Animal.
80
What are Association Fees?
-Homeowner Association Fees, Condo Fees -Monthly dues from property owners to pay for common expenses -Ex: utilities, amenities, management, maintenance, insurance, reserves, repairs.
81
What is an Assumable Loan?
Borrower transfers outstanding loan & its terms to a subsequent buyer; requires the approval of the lender.
82
What is Assumption in loan agreements?
One party takes over the payments (primary liability) for the loan of another; usually requires lender approval. A release is needed; without one, the original party remains secondarily liable for the loan. Ex: A parent co-signed the loan initially and then took over the payments for their adult child, who was laid off.
83
What is an Attachment Lien?
A lien acquired on property by a creditor in order to prevent property transfer pending the outcome of litigation.
84
What does Attestation mean?
The act of witnessing a person’s signing of an instrument by a notary public.
85
Who is an Attorney-In-Fact?
A person specifically designated in an instrument (e.g., power of attorney) to act on behalf of another, but not necessarily authorized to practice law.
86
What is an Attorney's Opinion of Title?
After analyzing an abstract, an attorney provides their opion about the quality of the title.
87
What is Attornment?
An act in which tenants acknowledge their obligations to a new landlord.
88
Who is an Auctioneer?
A person licensed or authorized to conduct a public auction of item(s) belonging to someone else. In some states, auctioneers selling real property must be licensed as real estate brokers, whereas in others they must be licensed auctioneers.
89
What is an Automated Clearinghouse (ACH)?
-A national network for financial institutions and government agencies to exchange paperless payments -A settlement system used for financial transactions
90
What is Automated Underwriting?
A computerized evaluation of a borrower’s creditworthiness, based on statistical models.
91
What is Avulsion?
A natural process in which land is removed from one person’s property and deposited onto another’s. Avulsion happens very suddenly, as in a flash flood.
92
What is a Backup Offer?
An offer made and accepted, after another offer has been accepted, that is contingent on the failure of the first contract.
93
What is Bad Title?
Title with defects making it unmarketable.
94
What is Bait and Switch?
A deceptive sales technique that involves advertising to a consumer a particular product, service, or rate, then persuading the consumer to accept something else. ## Footnote Most states have consumer protection laws that make this tactic illegal.
95
What are the Four Factors of Production? (CELL)
CELL: Capital, Entrepreneurship, Labor, and Land, which results in the best ROI from land.
96
What is a Balance Sheet?
A financial statement (such as a property management report) that lists assets, liabilities, and ownership equity at a specific moment in time.
97
What is Balloon Framing?
In construction: studs (long vertical pieces of wood) from the foundation to the roofline. (The string in a baloon is straight up)
98
What is a Balloon Payment?
A lump-sum payment made at the end of a loan term to pay off the remaining balance of principal and interest that was not covered by payments during the loan term.
99
What is Bankruptcy?
A court process that cancels some debt and provides some relief for creditors. ## Footnote Chapter 7, straight bankruptcy, is a liquidation proceeding Chapter 13, reorganization proceeding, is filed by individuals who want to pay off their debts over a period of three to five years.
100
What is a Bargain and Sale Deed?
A deed with no warranties: A type of deed which implies the grantor owns the property and has the right to convey it, but there are no warranties.
101
What is Base Rent?
The minimum amount of rent indicated in a lease.
102
What is a Base Year?
The operating expenses for the first year of a lease, used for comparison in subsequent years, and passed on to the tenant.
103
What is a Baseline?
The principle east-west line (i.e., a parallel) upon which all rectangular surveys in a defined area are based.
104
What is the Basic Sector?
The segment of a local economy that is made up of businesses and industries that bring income into the local economy by selling goods or services to consumers outside the community.
105
What is a Basis Point?
0.0001 One hundredth of one percent. Used to express differences in interest rates.
106
What is a Beam?
A long piece of timber or metal that spans an opening or part of a building and provides support to a roof or floor above it. Beams are installed horizontally.
107
What is a Benchmark?
A bronze disk permanently placed and precisely identified by government survey teams.
108
Who is a Beneficiary?
One who receives a benefit; in real estate, the lender in a trust deed.
109
What is a Bilateral Contract?
A contract in which both parties make a binding promise to the other.
110
What is a Bill of Sale?
A document used to transfer ownership of personal property from one person to another.
111
What is a Binder?
A non-binding document used to communicate the terms of a buyer’s offer to purchase property; serves as a blueprint for creating a purchase agreement.
112
What is a Biweekly Payment Plan?
A fixed-rate mortgage set up like a standard 30-year conventional loan, but payments are made every two weeks instead of every month.
113
What is a Blanket Mortgage?
A mortgage loan that covers more than one parcel of real estate, usually used to finance entire subdivision developments rather than an individual unit or lot.
114
What is a Blind Advertisement?
A real estate advertisement used by a licensee regarding the sale or lease of real estate or of licensed activities that does not include the broker's name or business name. ## Footnote Prohibited in most states.
115
Blockbusting
The illegal practice of inducing owners to sell their homes (at a deflated price) by suggesting the racial composition of the neighborhood is changing. Also called: Panic Selling or Panic Peddling.
116
Panic Selling
The illegal practice of inducing owners to sell their homes (at a deflated price) by suggesting the racial composition of the neighborhood is changing. Also called: Blockbusting or Panic Peddling.
117
Panic Peddling
The illegal practice of inducing owners to sell their homes (at a deflated price) by suggesting the racial composition of the neighborhood is changing. Also called: Blockbusting or Panic Selling.
118
Blue Sky Laws
State laws regulating the sale of securities; intended to protect consumers from fraud.
119
Blueprint
A detailed diagram, created by an architect, for design, feasibility, and construction.
120
Boilerplate
Standardized language in contracts for efficiency and completeness.
121
Book Value
The value of assets, such as real estate or equipment, as indicated in the company’s financial records (which may differ from market value).
122
Boot
Extra, non-like-kind property that can be a part of a like-kind exchange to make up for pricing disparity between like-kind properties.
123
Bounds
Refers to boundaries; "metes and bounds" method of land description.
124
Boycott
A concerted refusal by two or more people to deal with a particular person or company.
125
Breach
Violation of an obligation, duty, or law.
126
What is a Breach of Trust in property management?
Negligence or malice: Someone trusted to care for another's property failed to do their duties
127
Breakdown Method
Estimating physical depreciation of each item and then adding the estimates together and deducting the sum from the projected cost of reproduction or replacement.
128
Bridge Mortgage
A mortgage loan between the end of one mortgage and the start of another. The bridge is repaid when the next mortgage is taken out.
129
British Thermal Unit (BTU)
-To measure the capacity of furnaces and AC units. -The amount of heat needed to raise the temperature of 1 pound of water by 1 degree Fahrenheit
130
Broker
A real estate licensee with several years of experience who has received advanced training and passed a broker exam.
131
Broker Price Opinion (BPO)
Estimated value of a property, determined by a real estate licensee, or other qualified individual, done at the request of a lender, for non-federal related property transactions.
132
Broker Protection Clause
Extender Clause, Carryover Provision. An agency agreement provision that entitles the broker to a commission if the property is sold during a certain time period after the agency agreement expires.
133
Carryover Provision
Extender Clause or Broker Protection Clause. An agency agreement provision that entitles the broker to a commission if the property is sold during a certain time period after the agency agreement expires.
134
Extender Clause
A provision, in an agency agreement, that entitles the broker to a commission if the property is sold during a certain time period after the agency agreement expires. Also called Broker Protection Clause or Carryover Protection.
135
Brokerage
A firm with real estate licensees who may be retained by consumers to negotiate the purchase, sale, and lease of real property
136
Broker-Dealer
A person or organization that trades securities (stocks and bonds) for themselves or customers.
137
Brownfield
Former industrial or commercial site where future use is affected by real or perceived environmental damage.
138
Budget Mortgage
A mortgage agreement where payments include principal and interest on the loan, plus 1/12 of the year's ad valorem property taxes and hazard insurance premiums.
139
Buffer Zone
Planners separate two districts with incompatible uses. A buffer zone has uses that are compatible with each district. For example: A buffer zone for a residential zone and commercial zone has residential & commercial uses.
140
Building Code
-Regulations -Written by city or county officials -With the help of construction professionals -Design and construction standards -Certain methods and materials
141
Building Department
Agency responsible for issuing building permits, enforcing building codes, and making sure construction and renovation are performed by licensed professionals
142
143
What is the Building Efficiency Ratio?
The ratio of usable square footage to rentable square footage.
144
What is the difference between usable square footage and rentable square footage?
Usable square footage (unit square footage) is the space in the tenant's apartment. Rentable square footage includes usable space footage plus a pro rata share of common areas (including amenities, lobbies, hallways, elevators, stairways, restrooms)
145
What does a Building Inspection involve?
Local government officials inspect properties for compliance with state and local building codes.
146
What is a Building Permit?
A document from a local government that allows construction or remodeling.
147
What is a Bump Clause?
A clause in a purchase agreement that allows the seller to keep the property on the market while the buyer's purchase is contingent on the sale of the buyer’s property.
148
Provide an example of a Bump Clause.
Ann wants to buy Bill’s house but needs to sell her house before she can buy his, so he adds a Bump Clause that allows him to keep his house on the market and sell it to Claire if Ann never sells her house.
149
What is meant by the Bundle of Rights?
All real property rights conferred with ownership: right of possession, right of quiet enjoyment, right of disposition, right of exclusion, right of control.
150
What is another term for the Bundle of Rights?
Bundle of Sticks.
151
What is a Buyer Broker Agreement?
An employment contract between a buyer and a broker, granting the broker the right to represent the buyer in the purchase of property.
152
What is a Buyer Agency Agreement?
An employment contract between a buyer and a broker, which grants the broker the right to represent the buyer in the purchase of property.
153
What does a Buyer’s Agent do?
Represents the buyer.
154
What is a Buyer’s Choice (Auction)?
A method of selling similar properties where a successful high bidder wins the right to choose one or more at that price. For example, a winning bidder with buyer's choice of 10 parcels of farm land may choose one or more at that bid price. ($450,000 each)
155
What defines a Buyer’s Market?
There are lots of homes for sale but only few buyers, giving buyers the advantage.
156
What is a Buyer’s Premium?
The percentage of the bid that the winning buyer at an auction pays to the auctioneer in addition to the bid amount.
157
What are Bylaws?
Homeowners association rules and regulations that govern activities, rules for elections and voting, and frequency of meetings.
158
What is Cancellation in contract law?
Ends the contract without undoing past actions under it; don’t need to go to court.
159
What does the CAN-SPAM Act regulate?
Federal law that limits unsolicited commercial email and text messages, requiring senders to provide an opt-out option.
160
Define Cap in the context of adjustable-rate mortgages.
Maximum interest rate, or maximum increase in the interest rate, a lender can charge.
161
What is a Capital Expense?
Improves property with anticipation of long-term benefits. AKA Reserves for Replacement.
162
What are Reserves for Replacement?
Improves property with anticipation of long-term benefits. AKA Capital Expense.
163
Define Capital Gain.
Profit made from an investment.
164
What does Capitalization mean?
Convert future income to present value.
165
What is the Capitalization Rate?
Rate of return/reasonable ROI given the risk.
166
Describe Carbon Monoxide.
Colorless, odorless gas, natural byproduct of fuel combustion, dangerous when inhaled.
167
What is Cash Flow?
Money transferred in & out of an investment, calculated as net operating income minus debt service.
168
What does Cash to Close refer to?
Money a buyer must bring to settlement, after all credits and debits.
169
How is Cash-on-Cash Return calculated?
ROI expressed as a % by dividing an investment property's cash flow by the amount spent to buy it.
170
What is the meaning of Caveat Emptor?
Latin, 'Buyer beware,' purchaser is expected to examine property carefully instead of relying on seller disclosures.
171
What are CC&Rs?
Covenants, conditions, and restrictions; a developer’s private restrictions for a subdivision or condo.
172
What is a Cease and Desist Order?
An order to stop an offending activity.
173
Define Ceiling in the context of an ARM.
Range allowable in an ARM, allowable increases or decreases. AKA Lifetime Cap.
174
What does Lifetime Cap refer to?
Range allowable in an ARM, allowable increases or decreases. AKA Ceiling.
175
What is Ceiling Height? (In a house)
Height from the steel girders to the floor, in feet. AKA Feet Under Steel.
176
What is Feet Under Steel?
Height from the steel girders to the floor, in feet. AKA Ceiling Height.
177
What is a Certificate of Eligibility (COE)?
The Department of Veterans Affairs sends a document to establish that a veteran is eligible for a VA Loan and the maximum amount of the loan.
178
What is a Certificate of Occupancy?
Builders get a Certificate of Occupancy certifying the livability, including safety and health standards, after all inspections
179
What does a Certificate of Permanent Location signify?
The county says a manufactured home was permanently affixed to real property, so the title includes the land and home.
180
What is a Certificate of Purchase? (Auction)
The winning bidder of a foreclosure sale gets a deed called a Certificate of Purchase after the sale.
181
What is a Certificate of Title in real estate?
After a title search, a title company, abstractor, or attorney provides a document about the status of the title.
182
What is an Opinion of Title in real estate?
Certificate of Title A document that provides a written opinion on the status of the title to a piece of property after a title search.
183
What is the Chain of Title?
The chronological succession of changes in ownership of a piece of property from one owner to the next, as disclosed in the public record.
184
What does the principle of Change refer to in real estate?
PEGS: Physical, Economic, Governmental, and Social factors are always changing in real estate so property value is subject to constant change, too.
185
What is a Chant in the context of auctions?
The way in which an auctioneer verbally communicates to engage and inform prospective bidders, indicating the current bid and the desired bid.
186
What is a Charrette?
Design professionals work with community stakeholders on a focused project in a short timeframe.
187
What is Chattel?
A piece of personal property.
188
What is a Chattel Mortgage?
A loan that uses only personal property as security. Ex: If you own a lamborghini, it could secure a $500,000 mortgage.
189
What are Chlorofluorocarbons (CFCs)?
-Deplete the ozone -Used to be common in refrigeration -Buildings with CFC equipment need to be retrofitted or replaced to comply with regulations, adding costs to property owners and potentially affecting property values.
190
What is City Planning?
The effort on the part of the city to coordinate, direct, and control the type of development taking place to ensure maximum benefits to the populace.
191
What are Civil Rights?
Fundamental rights guaranteed to all persons by the law, primarily in reference to constitutional and statutory protections against discrimination based on protected class status.
192
What is the Civil Rights Act of 1866?
A federal law prohibiting discrimination based on race and color against all native-born Americans in all property transactions (personal, commercial, residential) without exception.
193
What does Clearspan refer to?
Clear-span structures include: -Warehouses and factories -Sports arenas and stadiums -Event spaces and exhibition halls -Barns and livestock shelters Clear-span structures include: -Wide open interior spaces -No columns or load-bearing walls
194
Who is a Client in real estate?
A person being represented by a licensee, also called Principal.
195
What is Closing in a real estate transaction?
The transfer of real property ownership from seller to buyer according to terms and conditions in a purchase agreement or escrow instructions; the final stage in a real estate transaction. ## Footnote Also referred to as Settlement.
196
What are Closing Costs?
The cost to close the deal. Paying for all the services you used. Paying the real estate agents, escrow company, title insurance company, loan origination, transfer taxes.
197
What is a Closing Disclosure?
Settlement Statement: A standardized final document with each party’s debits and credits; required by RESPA.
198
What is a Cloud on the Title?
A claim, encumbrance, or defect, which reduces its marketability. You can **file** a Quiet Title Action or **record** a Quitclaim Deed.
199
What is Cluster Zoning?
A method that allows developers to provide a varied selection of lot sizes and housing choices within a single area.
200
What is a Code of Ethics?
A set of principles and standards based on core values by which a group of professionals are expected to conduct themselves.
201
What is Co–Insurance in building insurance policies?
A clause where the insured agrees to maintain insurance equal to at least 80% of the replacement cost. ## Footnote If the property is underinsured, the insurance company will share the loss on a pro-rata basis.
202
Define Cold Calling.
The practice of making unsolicited phone calls to potential customers without prior relationship or inquiry.
203
What is Collateral?
Property pledged as security for a debt.
204
What does Collusion refer to?
Secret agreement or cooperation among people for deceitful or fraudulent purposes.
205
What is Combined Loan-to-Value (CLTV)?
The relationship between the unpaid principal balances of all mortgage loans and the lower of the appraised value or sales price of the property.
206
What role do Commercial Banks play in real estate?
They are the largest financial intermediaries involved in financing real estate, primarily through short-term loans.
207
What is Commercial Property?
Property zoned and used for business purposes, such as warehouses, restaurants, and office buildings.
208
What does Commingling mean in a financial context?
Illegally mixing personal or business funds with money held in trust for a third party.
209
What is Commission in real estate transactions?
Compensation paid to a broker, usually a percentage of the sales price, and is negotiable.
210
What is the role of a Commission Association Manager?
CAMs work for HOAs and Condo Associations They manage the communal property and services, such as pools and recreational facilities. They are hired by a board of directors. CAMs may: -Collect monthly fees from homeowners. -Prepare financial statements and budgets. -Negotiate with contractors for repairs and maintenance. -Resolve complaints and disputes between residents. -Enforce the association's rules and regulations. -Ensure the common areas are well-maintained and safe. -Manage landscaping and groundskeeping.
211
What are Common Area Maintenance (CAM) costs?
-Ex: Repairs, landscaping, snow removal -Typically prorated among all tenants.
212
Define Common Areas.
Land and improvements in a condominium or cooperative that all residents use and own as tenants in common.
213
What is Common Interest Ownership?
Individuals have exclusive rights to their units but share ownership of common areas, in HOAs, Condos, and Coops.
214
What is Common Law?
Law developed over many years through court decisions and precedents.
215
What is Community Property?
Property acquired during marriage that is jointly owned by the married couple in some states.
216
What are Comparables in real estate?
Recently sold properties with similar characteristics to the property being valued, also known as Comps.
217
What is the Comparative Unit Method?
To estimate the cost of replacing a building, you can use the cost of recently built comparables.
218
What does Compensation mean in a business context?
Valuable consideration given in exchange for the performance of an activity or service.
219
What are compensatory damages?
An award of damages intended to compensate a plaintiff for harm caused by the defendant’s act or failure to act, including personal injuries, property damage, and financial loss. ## Footnote Compensatory damages aim to restore the injured party to their original position prior to the harm.
220
Competency
The ability to take action successfully or efficiently. Competency is essential in many professional contexts, including legal and medical fields.
221
Who are considered competent parties?
Those who are legally capable of entering into contracts. Competent parties typically must be of legal age and sound mind.
222
What is competition?
The act or process of trying to obtain or win something that others are also trying to obtain or win. ## Footnote Competition can occur in various fields, including business, sports, and academics.
223
What does Competitive Market Analysis (CMA) entail?
A method of determining the probable selling price of a property by comparing it to similar properties that have sold, are presently for sale, or did not sell in a given area. Also called Comparative Market Analysis. ## Footnote CMA is commonly used in real estate to help set listing prices.
224
What is a complaint in legal terms?
A formal allegation, generally in writing, accusing someone of misdeeds, usually to formally begin a legal or administrative action. ## Footnote A complaint initiates the legal process and outlines the plaintiff's claims.
225
What is the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)?
A federal law enacted by Congress in 1980 to provide broad authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. Also called Superfund. ## Footnote CERCLA establishes a framework for the cleanup of hazardous waste sites.
226
What is a Comprehensive Loss Underwriting Exchange Report? (CLUE)
A report available from Lexis/Nexis® that tracks insurance claim history on real property and automobiles. This report helps insurers assess risk and make underwriting decisions.
227
What is a Comprehensive Plan?
A long-term plan (e.g., 20 or 30 years) prepared by a local planning board that identifies the goals, objectives, principles, guidelines, policies, standards, and strategies for the growth and development of a community, including its housing needs. Also called Master Plan. ## Footnote Comprehensive Plans guide urban development and land use.
228
Define concealment.
Failing to disclose or intentionally hiding information that is material to a decision by a party. ## Footnote Concealment can lead to legal disputes and may affect contract validity.
229
What is conciliation?
A mediation between two parties to settle a dispute and/or seek voluntary compliance in an attempt to avoid a legal court case. ## Footnote Conciliation is often a preferred method for resolving disputes amicably.
230
What does condemnation refer to in legal terms?
The legal proceeding of taking private property for public use, through the government’s power of eminent domain. Condemnation is the action; eminent domain is the right. Also called Appropriation. ## Footnote Property owners may receive compensation for their property during condemnation.
231
What is a condition in legal documents?
Provision in a deed or other document that makes the parties’ rights and obligations dependent on the occurrence or non-occurrence of some event. ## Footnote Conditions can affect the enforceability of contracts.
232
What is conditional approval?
A lender's agreement to fund a loan, provided certain contingencies are met. ## Footnote Conditional approval often requires additional documentation or conditions to be fulfilled.
233
What is Conditional Use?
Special Use or Special Exception A use that does not comply with zoning but is permitted because it benefits the public
234
Define Condominium.
A property developed for co-ownership, with each co-owner having a separate interest in an individual unit and an undivided interest in the common areas of the property.
235
What is a Condominium Declaration?
The document that developers must file in the public record when developing or converting property to a condominium; specifies common and private spaces, lists easements, and describes bylaws and house rules.
236
What does Confidentiality mean in real estate?
A duty that requires an agent to protect the client’s confidential information, lasting even after the agency relationship has terminated.
237
What is a Conforming Loan?
A loan that meets the qualifying standards of Fannie Mae or Freddie Mac, allowing it to be sold on the secondary market.
238
Define Conformity in property valuation.
The principle that a property achieves its maximum value when surrounded by similar properties in style, function, and utility. Also called Homogeneity.
239
What is a Consent Decree?
A binding agreement reached before judgment in a court case where the accused party consents to change behavior without admitting wrongdoing.
240
What is Consideration in contract law?
Anything of value given to induce another person to enter into a contract. Also called Valuable Consideration.
241
Define Construction Loan.
A temporary loan used to finance the construction of improvements and buildings on land.
242
What is Constructive Eviction?
Occurs when a landlord takes actions that interfere with a tenant's use and enjoyment of the premises, providing legal cause for tenant's release from the lease.
243
Explain Constructive Fraud.
Concealment of a material fact; when a person carelessly fails to disclose material information or makes false or misleading statements.
244
What is Constructive Notice?
Knowledge of a fact imputed to a person by law because they could have or should have known it, including notice given by recording a document.
245
Define Consumer in the context of real estate.
A person or entity seeking or receiving licensed activities.
246
What is the Consumer Financial Protection Bureau (CFPB)?
An independent government agency within the Federal Reserve System, established under Title X of the Dodd-Frank Act, with rulemaking and enforcement authority regarding consumer financial laws.
247
What does the Consumer Price Index (CPI) indicate?
An index published monthly by the United States Bureau of Labor Standards considered a basic indicator of inflation in the U.S.
248
What are Contemporaneous Offers?
Competing offers submitted by the same buyer agent on behalf of competing buyers for the same property; requires disclosure to the buyer clients.
249
Define Contingency in a contract.
A provision that makes the parties’ rights and obligations depend on the occurrence (or nonoccurrence) of a specified event. Also called Condition or Escape Clause.
250
What is a Continuation in title search?
A title search performed just prior to settlement to update a preliminary title report and ensure no intervening rights to the property have arisen.
251
What is a Contract?
An agreement between two or more parties to do, or not do, something; a legally enforceable promise.
252
What is a Contract for Deed?
An installment contract where the seller passes possession but retains title to the property until the purchase price is paid. Also called Land Contract.
253
What does Contract Rent refer to?
What tenants are actually paying in rent, as stated in the terms of the lease.
254
Define Contractual Capacity.
The legal ability to enter into a contract.
255
What is Contribution in real estate?
The economic principle that a specific item is worth only as much as it increases the value of the property.
256
What is a Conventional Loan?
A loan made by an institutional lender with real estate as security that the government neither guarantees nor insures.
257
Define Conversion in real estate.
The illegal use of another’s funds or property for personal or business purposes.
258
What does Conveyance mean?
The act of transferring an interest in property from one person to another.
259
Who is a Cooperating Agent?
An agent who works with a listing agent to sell property, usually through a multiple listing service; generally represents the buyer.
260
Define Cooperative ownership.
A type of property ownership where residents occupy a unit by purchasing stock shares in a corporation that owns the property.
261
What is Co-Ownership?
Any form of ownership in which two or more people share title to a piece of property, holding undivided interests. Also called Co-Tenancy.
262
What is a Corporation in legal terms?
A legal entity organized under strict regulations, regarded as an artificial person separate from individual shareholders.
263
What is a Correction Deed?
A deed used to correct minor mistakes in an earlier deed, such as misspelled names.
264
Define Correction Line.
Lines established at intervals in the government survey system to account for the curvature of the earth.
265
What does Corrective Maintenance involve?
Repairing or restoring broken or failed equipment to a specified condition.
266
What is Cosmetic Maintenance?
Maintenance that increases a property's aesthetic appeal.
267
What is Cost in real estate?
The dollars needed to develop, produce, or build something.
268
Define Cost Approach in appraisal.
An appraisal method estimating property value by calculating construction costs, deducting depreciation, and adding land value.
269
What are Cost Manuals?
Books or electronic media that give estimated construction costs for various types of buildings in different areas.
270
What does Cost of Money refer to?
The interest rate that individuals or businesses must pay to use another’s money.
271
What is a Counteroffer?
A response to an offer that changes some terms of the original offer; it is a rejection of the original offer.
272
Who is a Counterofferee?
A person who receives a counteroffer.
273
What is a Counterofferor?
A person who makes a counteroffer.
274
Define Covenant in legal documents.
A contract, promise, or guarantee in a document such as a deed or lease.
275
What is the Covenant Against Encumbrances?
The assurance that no encumbrances other than those specified in the deed exist.
276
What is the Covenant of Further Assurance?
A promise that the grantor will perform further acts necessary to correct any defects in the title.
277
What does the Covenant of Quiet Enjoyment guarantee?
The right to exclusive, undisturbed possession of an estate, without disturbance from previous owners.
278
What is the Covenant of Seisin?
An assurance that the grantor has the exact estate being conveyed and has the right to sell it.
279
Define Crawl Space.
An unfinished space below the first floor of a house, usually containing plumbing and other functional elements.
280
What is Credit?
A sum of money that is to be received.
281
What is a Credit History?
A record detailing how a borrower has paid debts and obligations in the past.
282
Define Credit Report.
A listing of a borrower's credit history, including debt amount and repayment record.
283
What are Credit Reporting Agencies?
Agencies that gather debt service information to calculate an individual’s credit score; major bureaus include Experian™, Equifax®, and TransUnion®.
284
What is a Credit Score?
A three-digit number used by lenders to estimate a borrower’s creditworthiness, ranging from 300 to 850.
285
What is Credit Scoring?
A method in which numerical values are assigned to different aspects of a borrower's loan application and used by lenders to gauge creditworthiness and assess credit risk.
286
How do you calculate Cubic Feet?
Length × Width × Depth
287
What is Culpable Negligence?
Occurs if a licensee operates in a reckless, careless, and excessively negligent manner.
288
What does Curable Depreciation refer to?
Depreciation is considered curable if the cost of the repair is less than what the repair adds to the value of property.
289
What are Curtesy Rights?
The interest held by a married person in the real property owned by a spouse; refers to a husband’s interest in their wife’s property (not recognized in all states).
290
Define Customer in real estate terms.
A party to a transaction with whom a real estate licensee does not have a fiduciary duty or relationship, but with whom a licensee must be honest and fair.
291
What is a Dangling Commission?
Compensation that licensees may accept from a broker with whom they are no longer associated, provided it is specified in the licensee’s agreement.
292
What is a Database in real estate?
Contact information for prospects, collected and maintained in an organized manner.
293
What does Days on Market (DOM) refer to?
The time period between listing a property and either selling or removing it from the market.
294
What is a DD-214?
A Certificate of Release or Discharge from Active Duty issued by the Department of Defense.
295
Define Debit.
A sum of money that is owed.
296
What is Debt?
The amount of money owed on a note or other promise to pay.
297
What is Debt Service?
The amount of money paid at regular intervals toward reducing the principal and interest owed on a debt.
298
What does Debt-to-Income Ratio express?
The relationship of a borrower's total monthly debt to gross monthly income, expressed as a percentage.
299
What is a Decree?
A court order.
300
Define Dedication in real estate.
The donation of real property by a private owner to the public.
301
What is a Deed?
A written instrument transferring the grantor's ownership of, or interest in, real property.
302
What is a Deed in Lieu of Foreclosure?
A document that transfers the title of a property from the property owner to the lender, in exchange for relief from the mortgage debt.
303
What is a Deed of Release?
A deed given by lien holders, remaindermen, or mortgagees to relinquish their claims on the property.
304
What is a Deed of Trust?
A security instrument in financed real estate transactions that transfers the legal title of a property to a third party.
305
What are Deed Restrictions?
Limitations placed in a deed by a grantor that restrict the way in which the land may be used, improved, or maintained.
306
Define Default.
Failure to fulfill an obligation, duty, or promise.
307
What is a Defeasance Clause?
A clause used to defeat or cancel a certain right upon the occurrence of a specific event.
308
What is a Defeasible Fee Estate?
A type of freehold estate conveying ownership interest that comes with a condition.
309
What constitutes a Defect in Title?
Any lien, claim or encumbrance on a particular piece of real estate that has been properly recorded in the public records.
310
What is a Deficiency Judgment?
A personal judgment against a borrower if the lender does not receive the amount of the lien plus costs associated with foreclosure.
311
What is a Deficiency Statement?
A statement in a home inspection report that describes a deficiency and advises the client.
312
What does Delivery and Acceptance refer to?
A requirement for the legal transfer of property through a deed.
313
Define Demand in economic terms.
The need or desire for a specific good or service.
314
What are Demographics?
Socioeconomic data regarding employment, education, marriage rates, birth and death rates, and family dynamics.
315
What does the Department of Housing and Urban Development (HUD) oversee?
Many federal housing programs.
316
What is a Deposit?
A sum of money placed or kept in a bank account.
317
Define Depreciation.
A loss in property value for any reason.
318
What is Deregulation?
A process whereby restrictions imposed by a ruling authority are gradually relaxed.
319
What is Derogatory Credit?
Credit history showing previous problems in meeting financial obligations.
320
What is a Descending Bid?
An auction method where the auctioneer lowers the asking price until the first person speaks.
321
Define Descent.
An operation of law in which real property is transferred to an heir after the death of the owner who leaves no will.
322
What is Designated Agency?
A contractual relationship between a broker and a client where one or more licensees represent the client.
323
What is a Designated Agent?
A licensee appointed by a broker as the legal agent of a client.
324
What is a Desk Copy?
A payment agreement through which a real estate licensee pays their employing broker.
325
What does it mean to Devise real property?
To transfer real property by will.
326
What is a Direct Capitalization Rate?
A rate of return used to derive a value opinion from the anticipated net operating income a property could generate.
327
Define Disability.
A physical or mental impairment that substantially limits one or more major life activities.
328
What is a Discharge of Mortgage?
The lender’s release of all further obligations on the part of a borrower.
329
What does Disclosure refer to?
Revelation of material facts or defects.
330
What is a Discount Point?
A form of pre-paid interest that is charged by a lender to increase the yield on a lower-than-market interest rate loan.
331
What is a Discount Rate?
The interest rate charged by Federal Reserve Banks on loans to member commercial banks.
332
What is Discrimination?
Treating people differently because of their race, religion, sex, or other characteristics in violation of civil rights laws.
333
What is Disintermediation?
When depositors bypass traditional depository institutions and invest directly.
334
What is Disparate Impact?
When a law has a disproportionate effect on one or more protected classes.
335
What does Disparate Intent mean?
An intentional decision to treat some people differently from others in a similar situation.
336
What is the Disposal Rule?
A provision requiring businesses to take reasonable measures to dispose of sensitive consumer information.
337
What is a Distress Code?
A pre-defined signal used by someone in a vulnerable situation to communicate danger.
338
What is the Doctrine of Emblements?
A rule allowing a tenant farmer to harvest crops even after the land has been sold.
339
What is the Doctrine of Part Performance?
A legal doctrine that allows a court to enforce an oral agreement when one party has taken irrevocable steps.
340
What does DOM stand for?
Days on Market.
341
Who is a Dominant Tenant?
A person with easement rights on another's property.
342
What is Dominant Tenement?
Property that receives the benefit of an appurtenant easement.
343
What is a Double Net Lease?
A lease in which the tenant pays two of the expenses associated with property ownership.
344
What are Dower Rights?
The interest held by a married person in the real property owned by a spouse.
345
What is a Down Payment?
The amount of money a buyer pays to obtain a property, in addition to the money that the buyer borrows.
346
Define Dual Agency.
An agency relationship in which a licensee represents both buyer and seller (or both landlord and tenant) in the same transaction.
347
What is a Dual Agent?
A licensee who represents both the buyer and the seller (or both landlord and tenant) in a single real estate transaction.
348
What does Due Diligence refer to?
Investigation to discover facts or liabilities about a property prior to its purchase.
349
What is a Due on Sale Clause?
A clause permitting the lender to require the borrower to repay the outstanding balance when the property is sold.
350
What is Duress in the context of contracts?
The use of force or improper actions to induce a party to enter into a contract.
351
What is an Early Termination Clause?
A clause that allows a party to avoid having to perform the contract.
352
What is Earned Increment?
An increase in value of real property due to some effort of the owner such as remodeling or other property improvements.
353
What is Earnest Money?
Money offered as an indication of good faith regarding the future performance of a purchase agreement.
354
Define Easement.
A nonpossessory interest and an encumbrance on property that grants the right to use another person’s real property for a particular purpose.
355
What is an Easement Appurtenant?
The right acquired by the owner of one parcel of land to use another's adjacent land for a specific purpose.
356
What is Easement by Condemnation?
An easement created through the government’s power of eminent domain when necessary to benefit the public.
357
What is Easement by Implication?
An easement that occurs because of necessity, such as the conveyance of a land-locked property.
358
Define Easement by Prescription.
An easement created by open, notorious, hostile, and uninterrupted use of another person’s land for a specific period of time determined by state law.
359
What is an Easement for Light and Air?
A negative easement that prohibits the servient tenant from obstructing the view or preventing light or air from reaching the dominant tenement.
360
What is an Easement in Gross?
An easement that benefits a person or company, rather than benefiting another parcel of land.
361
What is an Economic Base?
The main business or industry in an area that supports and sustains the community.
362
Define Economic Base Analysis.
A study of an area’s current business and employment situation to determine the likelihood of continued stability, growth, or decline.
363
What is Economic Life?
The time during which a building can be used for its intended purpose and generate more income than is paid out for operating expenses.
364
What does Economic Obsolescence refer to?
A loss in value due to factors outside the subject property, such as changes in competition or surrounding land use.
365
Define Economic Rent.
The amount of rental which a building would receive if set by the market.
366
What is Effective Age?
The age of a structure based on the actual wear and tear that the building shows.
367
What is Effective Date in appraisal?
The date for which value was established when doing an appraisal.
368
What is Effective Demand?
When prospective buyers have enough disposable income to satisfy their purchase needs or desires.
369
Define Effective Gross Income.
An investment property’s potential gross rental income plus other income, less vacancy and collection losses.
370
What is Efflorescence?
A white powdery deposit on the surface of foundation walls or floor slabs created when water penetrates the wall or floor.
371
What does EIFS stand for?
Exterior Installation and Finish Systems.
372
Define Elevation.
Vertical measurement above or below a fixed reference point.
373
What is Emblement?
An annual crop that is planted and cultivated by a tenant farmer and is always the personal property of the tenant farmer.
374
What is Eminent Domain?
The government’s constitutional power to take private property for public use, with just compensation.
375
Who is considered an Employee?
Someone who works under the control of, and at the direction of, a business or manager.
376
What is an Employing Broker?
A broker under whom affiliated licensees are contracted to work.
377
What is an Employment Agreement?
A written contract between a self-employed real estate licensee and a broker under whose license the licensee will work.
378
Define Enabling Law.
Legislation granting authority or power to take certain actions.
379
What is Encapsulation?
The process of applying a sealant to asbestos-containing material to prevent the release of dangerous fibers.
380
What is Encroachment?
A physical object intruding onto neighboring property, often due to a mistake regarding the boundary.
381
Define Encumbrance.
Any claim, lien, charge, or liability that attaches to, or burdens, real property.
382
What is ENERGY STAR?
A program that sets standards for energy-efficient consumer products and homes.
383
What is an Enforceable Contract?
A contract that would be upheld by the courts based on certain requirements.
384
What is Entitlement in relation to VA loans?
The maximum dollar amount of guaranty that applies to an eligible veteran on a VA-guaranteed loan.
385
What is an Environmental Impact Statement (EIS)?
A study detailing a development project's impact on various environmental and social elements.
386
What does the Environmental Protection Agency (EPA) do?
Creates and enforces environmental protection standards and provides research on environmental issues.
387
Define Environmental Site Assessment (ESA).
A report identifying potential or existing environmental contamination liabilities.
388
What is the Equal Credit Opportunity Act (ECOA)?
A federal law requiring lenders to make credit available without discrimination.
389
What is an Equitable Lien?
A lien created when justice and fairness require a court to declare such a lien exists.
390
What is the Equitable Right of Redemption?
The right of a debtor to redeem the property from foreclosure before the sale confirmation.
391
Define Equitable Title.
Any present right to acquire legal title to property.
392
What is Equity in real estate?
An owner’s unencumbered interest in property; the difference between the value of the property and the liens against it.
393
What is Erosion?
A gradual loss of soil due to the action of wind, water, or other forces.
394
What is Errors and Omissions (E&O) Insurance?
A type of liability insurance covering expenses of a lawsuit if a client claims a real estate licensee was at fault.
395
What is an Escalation Clause?
A lease clause that provides for an increase in rent to reflect increases in expenses.
396
What is an Escape Clause?
A clause that allows a party to avoid having to perform the contract.
397
Define Escheat.
The reversion of property to the state after a person dies without a valid will or heirs.
398
What is Escrow?
A neutral third party that holds things of value on behalf of the parties to a transaction.
399
What is an Escrow Account?
A separate account maintained by a broker for the deposit of clients’ money.
400
What is Escrow Closing?
A settlement procedure conducted by a disinterested third party.
401
What is an Escrow Company?
A neutral third party who safeguards funds on behalf of a buyer or seller.
402
What are Escrow Reserves?
An account maintained by a lender for the deposit of borrowers’ extra monthly deposits.
403
What is an Established Business Relationship (EBR)?
A relationship that allows a telemarketer to call a consumer for up to 18 months after a business transaction.
404
Define Estate in real property.
A possessory interest in real property; may be either a freehold estate or a leasehold estate.
405
What is an Estate at Sufferance?
Possession of property by a tenant who stays on after the lease expires without permission.
406
What is an Estate at Will?
Possession of property by a tenant with the owner’s permission, but with no definite lease term.
407
Define Estate for Years.
A leasehold estate set to last for a definite period, after which it automatically terminates.
408
What is an Estate from Period to Period?
A leasehold that is automatically renewed for the same term as in the original lease.
409
What is an Estate in Fee?
The maximum possible estate one can possess in real property.
410
What is Estoppel?
A legal doctrine that prevents a person from asserting rights inconsistent with their earlier actions or statements.
411
What is an Estoppel Certificate?
A document that establishes certain facts that may not be contradicted or disputed later.
412
Define Ethics.
The fundamental principles of honesty and integrity that guide a person’s behavior.
413
What is Eviction?
The process of forcing someone off property or preventing someone from re-entering property.
414
What is Evidence of Title?
Provided through a title report or issuance of title insurance.
415
What is Excess Land?
Land not needed to support the highest and best use of a property.
416
What is an Exclusive Agency Buyer Agency Agreement?
An employment contract where the broker earns a commission unless the property was specifically exempted.
417
What is an Exclusive Agency Listing?
An employment contract that entitles the broker to a commission if anyone other than the seller finds a buyer.
418
What is an Exclusive Buyer Agency Agreement?
An employment contract granting only one broker the right to represent the buyer in property purchase.
419
What is an Exclusive Right to Rent Agreement?
An employment contract giving the brokerage exclusive rights to locate a tenant for a specified period.
420
What is an Exclusive Right to Sell Listing?
An employment contract entitling the broker to a commission if anyone finds a buyer during the agency relationship.
421
What is an Executed Contract?
A contract in which both parties have fully performed their contractual obligations.
422
Who is an Executor?
A person appointed in a will to carry out the provisions of the will.
423
What is an Executory Contract?
A contract in which one or both parties have not yet completed performance of their contractual obligations.
424
What is an Expired Listing?
A listing that did not sell during its listing period.
425
What is an Express Agency?
An agency relationship where the principal clearly communicates authority to the agent.
426
Define Express Authority.
Actual consent to represent intentionally given by agreement by a principal to an agent.
427
What is an Express Contract?
An agreement expressed in words, either spoken or written.
428
What is Extended Coverage in title insurance?
A policy that includes standard coverage and additional protections.
429
What is External Obsolescence?
When something outside of a property makes it less desirable.
430
What is a Facilitator in real estate?
A licensee who assists in the successful completion of a transaction without agency relationship.
431
What is the Fair Credit Reporting Act?
A federal law promoting the accuracy, fairness, and privacy of consumer information.
432
What is the Fair Housing Act?
Prohibits discrimination in the sale or lease of residential real property.
433
Define Fair Market Value.
The price negotiated in a competitive market where both buyer and seller are free to act.
434
What is Familial Status?
A protected group under the Fair Housing Act, prohibiting discrimination against parents or guardians of children under 18.
435
What is a Farm Area in real estate?
A focused area that a real estate licensee continues to prospect.
436
What is the Federal Deposit Insurance Corporation (FDIC)?
A federal agency that insures deposits in member commercial banks.
437
What is the Federal Fair Housing Act of 1968?
An act prohibiting discrimination in housing based on various factors.
438
What is the Federal Home Loan Bank System (FHLB)?
A government-sponsored enterprise that supports mortgage lending and community investment.
439
What is the purpose of the Federal Deposit Insurance Corporation (FDIC)?
To insure deposits in member commercial banks and determine the maximum insurance amount per account.
440
What does the Federal Fair Housing Act of 1968 prohibit?
Discrimination in the sale or rental of housing based on race, color, religion, national origin, sex, handicap, and familial status.
441
What is the Federal Home Loan Bank System (FHLB)?
A government-sponsored enterprise that supports mortgage lending and community investment for its member banks and financial institutions.
442
What is the common name for the Federal Home Loan Mortgage Corporation?
Freddie Mac.
443
What is the role of the Federal Housing Administration (FHA)?
To increase home ownership by providing an insurance program for lenders against non-payment risk.
444
What is the common name for the Federal National Mortgage Association?
Fannie Mae.
445
What does the Federal Reserve System (FRS) oversee?
Monetary policy, affecting interest rates and credit availability.
446
Who is a Fee Appraiser?
An independent valuation professional hired to value a property for a fee.
447
Define Fee Simple Determinable Estate.
A type of defeasible fee that terminates automatically if certain conditions occur.
448
What is a Fee Simple Estate?
The greatest estate one can have in real property, freely transferable and inheritable, of indefinite duration.
449
What characterizes a Fee Simple Estate Subject to a Condition Precedent?
The grantor retains title until a specific condition occurs.
450
What is a Fee Simple Estate Subject to a Condition Subsequent?
A defeasible fee that may be terminated by the grantor through legal action if conditions stated in the deed are not met.
451
What is an FHA-Insured Loan?
A home financing option insured by the FHA for qualified borrowers against loss from borrower default.
452
What does FICO stand for?
Fair Isaac Corporation.
453
What is a FICO score?
A three-digit number summarizing a credit report used by lenders to assess risk.
454
What is a Fictitious Name?
A business name different from its owner's legal name, also called Trade Name or DBA Name.
455
Define Fiduciary.
A person in a position of trust, held by law to high standards of good faith and loyalty.
456
What is a Fiduciary Deed?
A deed used to transfer property when the grantor is a fiduciary, usually only warranties their official capacity and authority.
457
What is a Finance Charge?
The cost of consumer credit as a dollar amount, including any charge imposed directly or indirectly by the creditor as an incident to or a condition of the extension of credit.
458
What is a Financing Contingency?
A clause in a purchase agreement that states the contract is contingent on the buyer obtaining approval for a loan on specified terms.
459
What is a First Lien?
Claim with highest priority against property; also known as a superior to the rights of subsequent lenders.
460
What is a First Mortgage?
A mortgage on real estate in which the lender's rights are superior to the rights of subsequent lenders.
461
What triggers a First Substantive Contact?
An event triggering agency disclosure, for example, prior to entering into a listing agreement, or when showing a property.
462
What are Fixed Expenses?
Ongoing operating expenses that do not vary based on occupancy levels of the property.
463
What is a Fixed Fee?
Commission agreement by which a fixed dollar amount is paid for the performance of specific real estate services.
464
What is a Fixed-Rate Loan?
A loan for which the interest rate remains constant for the duration of the loan.
465
Define Fixture.
An item of personal property that has been attached to or closely associated with real property.
466
What is a Flat Fee?
A specific fee paid out once or in specific increments.
467
What does Flipping refer to in real estate?
Purchasing a property and quickly reselling it for a profit.
468
What is a Floodplain?
Land areas adjacent to rivers and streams that are subject to recurring flooding.
469
What is Floor Area Ratio (FAR)?
The maximum size of a building permitted on a development site according to zoning requirements.
470
What is Floor Duty?
An assignment to take calls from consumers who call the brokerage for assistance.
471
What is Floor Load Capacity?
The weight (pounds per square foot) or load that the floor of a structure can handle.
472
What is a Footer?
The support for the foundation of a building.
473
What does For Sale by Owner (FSBO) mean?
A property offered for sale directly by the seller, who is not represented by a listing agent.
474
What is a Forbearance Agreement?
When the lender agrees to temporarily reduce, postpone, or suspend a borrower’s mortgage payment.
475
What is a Forced-Air System?
A type of heating system consisting of furnaces, blowers, ducts, and registers.
476
What is Forcible Entry and Detainer Action?
A summary legal action to regain possession of real property.
477
What is Foreclosure?
The process used by a lienholder to force a property to be sold to apply the proceeds toward debt satisfaction.
478
What is Foreign Investment in Real Property Tax Act of 1980 (FIRPTA)?
A federal law that imposes income tax on foreign persons selling or disposing of their interest in real property.
479
What is a Foundation?
The basic structure on which the rest of the building will sit.
480
What is Framing?
The basic load-bearing skeleton of the house.
481
Define Fraud.
An intentional or negligent misrepresentation or concealment of a material fact.
482
What is a Freehold Estate?
A possessory interest in real property of uncertain duration; an ownership estate in real property.
483
What does Friable refer to in real estate?
A characteristic of asbestos in which it can crumble easily or become powdery.
484
What is Frontage?
The dimension across the access side of a parcel of land.
485
What are Fructus Industriales?
Plants planted and cultivated by people; generally considered personal property.
486
What are Fructus Naturales?
Naturally occurring plants generally considered part of real property.
487
What is a Fully Amortized Loan?
A loan in which regular payments of principal and interest are applied until the loan is paid off.
488
Define Functional Obsolescence.
Something inherent in the design of a structure that makes it less desirable.
489
What is Gender Identity?
Actual or perceived appearance, expression, identity, or behavior of a person as being male or female.
490
What is a General Agent?
A person authorized to handle a variety of activities for the principal in one area.
491
What is General Liability Insurance?
Insurance that protects against bodily injury and property damage claims.
492
What is a General Lien?
A lien against all property of a debtor, instead of a particular piece of property.
493
Define General Partnership.
An association organized by two or more persons engaged in a business for the purpose of joint profit.
494
What is a General Warranty Deed?
A deed in which the grantor warrants the title against any and all defects.
495
What is Genuine Assent?
Consent given freely to create a binding contract.
496
What is a Geographic Information System (GIS)?
A computer-based system for gathering, analyzing, and displaying geographic data.
497
Define Good Consideration.
Love and affection, as opposed to monetary consideration.
498
What is Good Faith?
The general presumption that the parties in a contract will deal with each other honestly and fairly.
499
What is Good Title?
Title that is free from encumbrances such as liens.
500
What is Government National Mortgage Association (GNMA)?
An agency of the Department of Housing and Urban Development that operates in the secondary mortgage market.
501
What is the Government Survey System?
Legal description for land referencing principal meridians and baselines designated throughout the country.
502
What is a Government-Sponsored Enterprise (GSE)?
A quasi-governmental, privately held agency established by Congress to improve credit flow.
503
What is a Graduated Lease?
A lease under which rental increases are made at scheduled intervals.
504
What is a Graduated Payment Buydown?
A temporary buydown plan where payment subsidies keep payments low, but payments increase each year.
505
What is a Graduated Payment Mortgage (GPM)?
A financing technique for residential real estate where monthly payments start low and increase periodically.
506
What is a Grandfather Clause?
An exemption from the application of a new law due to previously existing circumstances.
507
What does Grant refer to in real estate?
Transferring real estate by means of a deed.
508
Who is a Grantee?
Person receiving a grant of real property.
509
What is a Granting Clause?
A deed clause stating a grantor's intent to transfer an interest in real property.
510
What is a Grantor?
A person who conveys their interest in real property.
511
Define Gratuitous Agency.
An agency relationship where a real estate licensee is not compensated for their services.
512
What is Gross Income?
The actual income received from property before the deduction for any expenses.
513
What is Gross Income Multiplier?
A conversion factor used to estimate the value of a property based on its gross income.
514
What is a Gross Lease?
A lease for which the tenant pays a fixed amount and the property owner is responsible for all expenses.
515
What is Gross Living Area?
Residential space that is finished, heated, and above grade.
516
What is Gross Rent?
The amount a property owner receives from a tenant for leasing a property before deductions.
517
What is a Gross Rent Multiplier (GRM)?
A conversion factor used to estimate the value of a property based on its gross rent.
518
What is a Ground Lease?
A lease under which the tenant leases only the land from the owner.
519
What is a Group Home?
A residential property where a small number of unrelated people in need of care can live together.
520
What is a Growing Equity Mortgage?
A fixed-rate mortgage with payments that increase by a predetermined amount.
521
What is a Guardian’s Deed?
A deed authorized by a guardian assigned by the court.
522
What is a Habendum Clause?
A clause in a deed that describes the type of estate granted.
523
What is Half Timbering?
A construction method with external walls having exposed wood framing.
524
What does 'Have' refer to in an auction?
The part of the auctioneer’s chant that indicates the current bid.
525
What is a Heat Pump?
A combination heating and cooling system.
526
What does Heterogeneity refer to in real estate?
A characteristic that each piece of land, building, and house is unique.
527
What is Highest and Best Use?
The most profitable, legally permitted, feasible, and physically possible use of a piece of property.
528
Who is a Holder in Due Course?
One who acquires a negotiable instrument in good faith and for consideration.
529
What is a Holdover Tenant?
A lessee who remains in possession of property after the lease has expired.
530
What is Home Acquisition Debt?
A loan that a taxpayer takes out to buy, build, or substantially improve a qualified home.
531
What is Home Energy Rating System (HERS)?
A measurement of a home’s energy efficiency used primarily in the United States.
532
What is Home Equity Debt?
A loan that is secured by a qualified home but does not qualify as home acquisition debt.
533
What is a Home Equity Line of Credit (HELOC)?
Available money that a homeowner can borrow, secured by a second mortgage.
534
What is a Home Equity Loan?
A loan taken by a homeowner that is secured by a mortgage on their principal residence.
535
What is a Home Inspection?
An unbiased, systematic, noninvasive, visual inspection of the physical structure and systems of a home.
536
What is a Home Inspection Report?
A written report that a home inspector issues after a home inspection detailing issues found.
537
What is a Home Warranty?
A contract providing coverage for repair or replacement of named components of a home.
538
What is a Homeowners Association (HOA)?
A nonprofit association composed of homeowners in a subdivision.
539
What is a Homestead?
A statutory or legal life estate that protects the interests in real estate belonging to a deceased person.
540
What are Horizontal Property Acts?
State laws that create the legal framework that allows a condominium form of ownership.
541
What is a Hot Water or Steam System?
A type of heating system consisting of boilers, pipes, and radiators.
542
What is the Housing Expense Ratio?
The relationship of a borrower's total monthly housing expense to gross monthly income.
543
What does HVAC stand for?
Heating, ventilation, and air conditioning.
544
What is Hypothecation?
The act of pledging property to be the security for a loan without giving up possession.
545
What is Illegal Flipping?
A scheme in which property is purchased at a low price and resold at an inflated value.
546
What does Illegal Per Se mean?
Something deemed unlawful on the face of the evidence.
547
What is Illiquidity?
The difficulty of converting an asset to cash.
548
What does Immobility refer to in real estate?
A physical characteristic of real estate referring to the fact that it cannot be moved.
549
What is Implicit Bias?
The attitudes or stereotypes that affect our understanding and decisions in an unconscious way.
550
What is Implied Agency?
An agency relationship created through the behavior of one or both parties.
551
What is an Implied Contract?
An agreement that hasn’t been put into words but is implied by actions.
552
What is an Implied Warranty of Habitability?
The lessor’s implicit promise that the premises comply with building codes.
553
What is an Improvement in real estate?
A substantial, manufactured addition to real property.
554
What is Imputed Knowledge?
The legal concept that information communicated to the agent has been communicated to the principal.
555
What is Incentive Zoning?
A system by which developers receive zoning incentives on the condition that they provide specific benefits to the community.
556
What is Incidental Authority?
The authority to do everything reasonably necessary to carry out the principal’s express orders.
557
What is the Income Approach?
An appraisal method that estimates the value of real estate by analyzing the amount of revenue the property generates.
558
What is an Income Statement?
A report that details the income received from property management.
559
What is Incidental Authority?
The authority to do everything reasonably necessary to carry out the principal’s express orders. ## Footnote This concept is essential in understanding the scope of authority given to agents in real estate transactions.
560
Define Income Approach.
An appraisal method in which an opinion of the value of real property is derived by analyzing the amount of revenue the property generates or could generate. ## Footnote Also called Capitalization Approach.
561
What is an Income Statement?
A report that details the income and expenses associated with an investment over a specific period of time. ## Footnote Also called Profit and Loss Statement.
562
Explain Increasing and Decreasing Returns.
Economic principle stating the addition of more factors of production will add higher amounts to new income up to a certain point, after which further addition will not increase value.
563
What is Incurable Depreciation?
Elements of a structure which are neither physically possible nor economically feasible to correct.
564
Define Independent Contractor in real estate.
A term often erroneously applied to real estate licensees who are actually self-employed individuals under the supervision of their brokers.
565
What does Indestructibility mean in real estate?
A characteristic of real estate; land can’t be destroyed.
566
What is an Index?
A statistical report that is generally a reliable indicator of the approximate change in the cost of money.
567
What is an Index Lease?
A lease in which the amount of the rent is tied to some common index indicator, such as the Consumer Price Index.
568
Explain the Index Method.
A method for determining the cost of a building by taking its original cost and multiplying by an index factor based on the time since construction.
569
What is Inflation?
An increase in the cost of goods or services.
570
Define Inheritable.
An interest in land that can be passed to a relative upon the death of the owner.
571
What is an In-House Transaction?
A situation in which a single brokerage represents both the buyer and seller in the same real estate transaction.
572
What is an Injunction?
A court-ordered prohibition against a particular act.
573
Define Inquiry Notice.
When circumstances should have alerted someone to a possible problem prompting further investigation.
574
What is an Inspection Contingency?
A purchase contract clause giving a buyer the right to have the home inspected during a specified period.
575
What is the Inspection Period?
The period specified in the purchase agreement during which the buyer can conduct an inspection.
576
What is Insulation?
A material used to slow the flow of heat, moisture, shock, or sound.
577
Define Insurable Title.
Title to property that a title insurance company has agreed to insure against defects.
578
What is Interest in real estate?
1. A right or share in something, such as a parcel of real estate. 2. A charge a borrower pays to a lender for the use of the lender’s money.
579
What does Interest Rate refer to?
The cost of using money expressed as a percent per period.
580
Define Intermediation.
The flow of deposits into lending institutions that creates a mortgage money supply.
581
What is the Interstate Land Sales Full Disclosure Act?
A federal law that protects consumers from fraud and abusive marketing practices in the sale and lease of land.
582
What does Intestate mean?
The state of dying without making a will.
583
Define Invalid in legal terms.
Without legal force.
584
What is Inventory in real estate?
The number of available homes on the market listed as active or pending.
585
Define Investment Value.
The value of a property to a particular investor based on that investor's specific investment expectation and criteria.
586
What is Involuntary Alienation?
When title to property is transferred during the owner's lifetime without the owner’s consent.
587
What is an Involuntary Lien?
A lien that arises by operation of law, without the consent of the property owner.
588
Define Irrevocable.
Not capable of being changed or terminated.
589
What is IRS Form 1099-S?
A report indicating the seller’s proceeds from the sale or transfer of real estate submitted to the IRS.
590
What is the IRV Formula?
A calculation for finding the net operating income (I), capitalization rate (R), or value (V) of an investment property.
591
Define Joint Tenancy.
A form of co-ownership in which the co-owners have equal undivided interests and the right of survivorship.
592
What is a Joint Venture?
Two or more individuals or companies joining together for one project or a series of related projects.
593
What are Joists?
Long beams of wood or steel that span the perimeter of a foundation or the load-bearing walls of a roof.
594
What is a Judgment Lien?
A recorded claim against another for a wrongful act, as ordered by a court.
595
What is Judicial Foreclosure?
A lawsuit filed by a lender to foreclose on a mortgage or other lien.
596
Define Jumbo Loan.
A loan that exceeds the maximum loan amount that Fannie Mae and Freddie Mac will buy.
597
What is a Junior Lien?
An encumbrance that is second in priority to a previously recorded lien.
598
Define Junk Fees.
Charges assessed to a borrower that serve little if any function and are often hidden in mortgage documents.
599
What is Just Compensation?
The fair market value for property when the government exercises its constitutional power of eminent domain.
600
Define Kickback.
Fee or other compensation given as undisclosed commission for business referrals.
601
What is Laches?
The loss of a right through undue delay or a failure to assert.
602
Define Land in real estate.
The surface of the earth, everything under the ground, and everything over the earth into the air.
603
What is a Land Contract?
A real estate installment agreement under which the buyer makes payment to the seller in exchange for the right to occupy and use the property.
604
What is a Land Lease?
A lease under which the tenant leases the land from the owner, but the tenant owns the building.
605
Define Land Trust.
A trust in which real estate is the only asset, managed by a trustee as directed by the beneficiary.
606
What does Landlocked refer to?
A parcel that is completely shut in by adjoining parcels of land with no access to public roads.
607
Define Latent Defect.
A flaw that is not visible or apparent; a hidden defect not discovered in a thorough inspection.
608
What is the Lawful and Possible Objective?
The requirement that a contract’s terms not be illegal or impossible.
609
What is Lead in the context of real estate?
A bluish-white metal that can cause health issues, especially for children.
610
Define Lease.
A contract in which one party pays rent in exchange for possession of real estate.
611
What is a Lease Purchase?
A bilateral contract in which a tenant pays rent but is obligated to complete the purchase in the future.
612
What is a Lease with Option to Buy?
A unilateral contract allowing a tenant to pay rent and receive the option to purchase the property later.
613
Define Leased Fee Estate.
The owner’s interest in a leased estate, which is reversionary.
614
What is a Leasehold Estate?
The temporary interest given to a tenant that includes the right of possession and quiet enjoyment.
615
Define Leasehold Improvement.
A fixture attached to real property by a landlord for the use of a tenant.
616
What is a Legal Description?
A precise description of a specific piece of property.
617
Define Legal Title.
The interest in property held by the rightful owner.
618
What is a Lessee?
A person who leases property; a tenant.
619
Define Lessor.
A person who leases property to another.
620
What does Leverage mean in real estate?
Using borrowed money to increase a return on investment.
621
What is a License in real estate?
Revocable, non-assignable permission to enter another person's land for a stated purpose.
622
Define Licensed Assistant.
Someone who is licensed and chooses to be a personal assistant on a real estate team.
623
What is a Licensed Residential Appraiser?
An appraiser who may accept assignments to appraise one to four-unit residential properties.
624
What is a Licensee?
A person licensed under state law to practice real estate.
625
Define Lien.
A non-possessory interest in property, giving a lienholder the right to foreclose.
626
What is a Lien Theory State?
A state in which real estate loans are regarded as liens and title remains with the lender.
627
What is a Life Estate?
An interest in real property, limited by the life of its owner or another designated person.
628
Define Life Estate Pur Autre Vie.
A life estate where the measuring life is someone other than the life tenant.
629
What is a Life Tenant?
Someone who owns a life estate; entitled to possession of the property during the measuring life.
630
What are Limited Common Areas?
Areas in a condominium or cooperative owned by all, but used by only one owner.
631
Define Limited Liability Company (LLC).
A legal entity that blends the characteristics of a corporation and limited partnership, offering reduced personal liability.
632
What is a Limited Partnership?
A partnership composed of one or more general partners and one or more limited partners.
633
What is a Limited Warranty Deed?
A deed in which the grantor warrants title only against defects arising during their ownership.
634
Define Linear Feet.
The total length in feet around a perimeter.
635
What are Liquidated Damages?
A sum of money agreed upon in advance that serves as compensation in the event of breach.
636
Define Liquidation Value.
The value of a property if sold under duress or in a must-sell situation.
637
What does Liquidity refer to?
The ability to convert an asset into cash quickly without loss of principal.
638
What is a Lis Pendens?
A recorded notice stating that there is a lawsuit pending that may affect title to the defendant’s property.
639
Define Listing Agreement.
A written agency contract between a seller and a broker stating the broker earns a commission for finding a buyer.
640
What is Listing Price?
The amount of money at which a seller offers their property for sale.
641
What does Litigation refer to?
The process of taking legal action, such as filing a civil lawsuit.
642
Define Littoral Rights.
Water rights of landowners whose land touches a non-flowing body of water.
643
What is Load Factor?
The ratio of rentable square footage to usable square footage.
644
What is a Loan Estimate?
The disclosure of loan terms and estimated settlement costs that lenders must present to borrowers.
645
Define Loan Value.
The amount a lender is willing to lend someone to finance a property.
646
What is Loan-to-Value Ratio (LTV)?
The amount borrowed compared to the value of the property.
647
What is a Lockbox?
A secured container for a key, accessible only by authorized individuals.
648
Define Lock-In Agreement.
An agreement obligating the lender to make a mortgage loan at a specified rate for a specific period.
649
What is a Lot in real estate?
A parcel of land; a parcel in a subdivision.
650
What is the Lot and Block System?
A type of legal description used for platted property stating the property’s lot and block number.
651
Define Loyalty in real estate.
A fiduciary duty that requires a licensee to put the principal’s interests above all others’ interests.
652
What is a Management Agreement?
A written agreement that governs the relationship between the property owner and the property manager.
653
What is a Management Proposal?
A plan created by the property manager for overseeing the principal’s property, including market analysis and developing a variety of financial reports, including the operating budget.
654
Define Manufactured Home.
A type of prefabricated residence built with standardized parts constructed and assembled in a factory and transported to a home site to be installed on either a permanent or temporary foundation.
655
What does Margin refer to in an adjustable rate mortgage?
The difference between the index value and the interest rate charged to the borrower; the lender’s profit.
656
What is Marital Property?
Property acquired by either a spouse or a legal partner during the course of a marriage or civil union.
657
How is Market defined?
A place where buyers and sellers come together to buy and sell services or products.
658
What is Market Absorption Analysis?
An evaluation of how many similar homes are for sale and historically how long it will take to sell that amount given current economic conditions.
659
Define Market Allocation.
An antitrust violation where competitors agree to not compete with each other in specific markets by dividing up geographic areas, types of products, or types of customers.
660
What is included in a Market Analysis?
Economic factors, population, zoning regulations, transportation, and other factors pertinent to the property’s location.
661
What does the Market Data Approach estimate?
Value by comparing similar properties.
662
Define Market Extraction Method.
A depreciation method based on sales of comparable properties with similar traits.
663
What is Market Position?
The position an agent’s listing is in compared to similar homes in the same neighborhood at a similar price.
664
What is Market Rent?
The lease revenue a property should bring if available for lease.
665
Define Market Share.
The percentage of total sales made by a real estate brokerage in a specific service area.
666
What is Market Value?
The most probable price a property should bring on an open and competitive market under all conditions essential to a fair sale.
667
What is Marketable Title?
A title that is free and clear from undisclosed encumbrances or other defects that would expose a purchaser to litigation.
668
Define Master Deed.
A document that converts a parcel of land into a condominium, identifying all individual dwelling units and common elements.
669
What is a Master Plan?
A written document prepared by a local planning board that identifies the goals, objectives, principles, guidelines, policies, standards, and strategies for community growth.
670
What is Matched Pair Analysis?
A process of determining the value of specific property characteristics or features by comparing pairs of similar properties.
671
Define Material Breach.
An unexcused failure to perform according to the terms of a contract that are important enough to excuse the non-breaching party from performing their contractual obligations.
672
What is a Material Fact?
A fact that would change the individual’s actions if it were known, usually referring to things wrong with the property.
673
Who is considered a Materialman?
A person who supplies materials, equipment, or fuel for a construction project.
674
What is a Mayoral Campaign in real estate marketing?
Dialogue involving asking a new contact if they have an agent they would refer for buying or selling a home.
675
What is the Measuring Life in real estate?
A person whose life determines the length of a life estate.
676
Define Mechanic’s Lien.
A specific lien claimed by someone who performed work on the property to secure the amount of the charges for services.
677
What are Mechanical Exhaust Systems?
Ventilation systems that use exhaust fans, typically located in the kitchen and bathrooms.
678
What does Meeting of the Minds mean?
When all parties involved agree to the terms of a contract, achieved through offer and acceptance.
679
What is the Metes and Bounds System?
A legal description that starts at an easily identifiable point of beginning and describes the property’s boundaries.
680
Define Mill.
A measurement equal to one-tenth of one cent (.001) used to state the property tax rate.
681
What is Millage?
A rate of taxation for real property calculated as $1 per $1,000 of assessed value.
682
What are Mineral Rights?
Rights to the minerals located beneath the surface of the land.
683
Define Ministerial Act.
Tasks that a licensee may perform for a customer that are informative or clerical in nature.
684
What is a Minor in legal terms?
One who has not attained the age of majority in a state and does not have legal capacity to be bound by most contracts.
685
What is Misrepresentation?
A false or misleading statement.
686
Define Mitigation.
Action taken by the non-breaching party to minimize the losses resulting from a breach of contract.
687
What is Mixed-Use Property?
A development that combines residential, retail, and/or office space.
688
Define Mobile Home.
A manufactured home built prior to 1976.
689
What is Mold?
A fungus that can release toxins into the environment causing allergic reactions in some people.
690
What is Monetary Policy?
Actions taken by the Federal Reserve to influence the availability and cost of money and credit.
691
Define Monopoly.
A situation where only one or very few companies dominate the market share of a particular product or service.
692
What does Months’ Supply indicate?
The amount of time predicted to take to deplete inventory given the number of homes on the market and the rate of recent closings.
693
What is Month-to-Month Tenancy?
A lease that has a term of one month but is renewable for successive months at the option of both parties.
694
Define Monument.
Any natural or man-made marker used to establish lines and boundaries in a metes and bounds survey.
695
What is Moral Suasion?
The use of persuasive influences rather than coercion or regulation to encourage changes in the public and financial markets.
696
What is a Mortgage?
A security instrument that creates a voluntary lien on real property to secure repayment of a debt.
697
Define Mortgage Banker.
A financial institution that usually originates and funds its own loans.
698
What does a Mortgage Broker do?
A person who, for compensation, makes, negotiates, acquires, sells, or arranges for a mortgage loan.
699
What is a Mortgage Contingency?
A clause in a contract that states the agreement is contingent on the buyer obtaining approval for a mortgage loan.
700
Define Mortgage Fraud.
Any scheme involving misrepresentation, concealment, or omission used in an attempt to obtain financing.
701
What does Mortgage Insurance Premium (MIP) refer to?
The mandatory fee charged for FHA mortgage insurance coverage.
702
What is a Mortgage Loan Originator (MLO)?
A person who solicits, negotiates, explains, or finalizes the terms of a mortgage loan.
703
What does a Mortgage Servicer do?
A company that collects monthly mortgage payments, pays taxes, insurance, and notifies the borrower of late payments.
704
Define Mortgage-Backed Securities.
A bundle of mortgage loans that lenders sell to investors who receive a share of the principal and interest collected.
705
What is a Mortgagee?
A lender who accepts a mortgage as security for the repayment of a loan.
706
Define Mortgagee’s Policy.
A type of title insurance that the lender may have drawn in its own name to protect its interests in the property.
707
What is a Mortgagor?
A person who borrows money and gives a mortgage to the lender as security for repayment.
708
What is the Mrs. Murphy Exemption?
A limited exemption from the federal Fair Housing Act for rental of a unit in an owner-occupied dwelling with four or fewer units.
709
Define Multiple Listing Service (MLS).
A cooperative service and database of available listed properties in an area conducted by a group of brokers.
710
What does Mutual Assent mean?
An offer and acceptance which together form the terms of a contract.
711
What is the National Association of REALTORS® (NAR®)?
America's largest trade association representing members involved in all aspects of the real estate industries.
712
What is the National Do Not Call Registry?
A database listing the telephone numbers of consumers who do not want to be contacted by commercial telemarketers.
713
Define Natural Ventilation.
Air circulation achieved through airflow and vents.
714
What is Negative Amortization?
The effect when a loan balance grows because of deferred interest when payments are not covering the interest portion.
715
What is Negligence?
Conduct that falls below the standard of care that a reasonable person would exercise under the same circumstances.
716
Define Negotiable Instrument.
A promissory note or other finance instrument that is freely transferable.
717
What is a Neighborhood?
A contiguous area labeled by similar traits or physical boundaries.
718
What is a Net Lease?
A lease agreement that requires the lessee to pay some of the operating expenses in addition to paying rent.
719
Define Net Listing.
A compensation strategy where the seller sets a net amount for the property; the broker keeps any excess as commission.
720
What is Net Operating Income (NOI)?
Income remaining after deducting all vacancy losses and operating expenses from gross income.
721
What does Net to Seller estimate?
The money a seller should receive from a real estate transaction after all costs have been paid.
722
Define Net Zero Home.
A home that produces as much energy as it consumes.
723
What is a Nominal Interest Rate?
The interest rate for a loan as indicated in lender advertising.
724
What is the Non-Basic Sector?
The sector of a local economy made up of businesses that sell goods or services to consumers within the community.
725
Define Nonconforming Loan.
A loan that does not meet Fannie Mae/Freddie Mac standards and cannot be sold on the secondary market.
726
What is Nonconforming Use?
A land use that is prohibited by current zoning laws but allowed because it existed before the law was passed.
727
What is a Nonexclusive Buyer Agency Agreement?
An agreement between a buyer and any number of brokers where a broker earns a commission only if they introduce the buyer to the property.
728
Define Non-Homogeneity.
A characteristic of real property where each piece is unique.
729
What is Nonjudicial Foreclosure?
Foreclosure by a trustee under the power of sale clause in a deed of trust without court involvement.
730
Define Nonmarital Property.
Any property owned prior to marriage or given only to one spouse during the marriage.
731
What is Nonpublic Personal Information?
A consumer’s personal financial information that is not easily obtainable by the general public.
732
What is a Nonrecourse Loan?
A loan where the lender cannot collect personal assets of the borrower if the collateral is sold for less than the amount owed.
733
What is a Notary Public?
A person with the authority to take oaths and acknowledgments.
734
What is a Note in finance?
A signed instrument acknowledging the existence of a debt and the promise to pay.
735
What is a Notice of Foreclosure?
The notification given by a lender to a borrower who has failed to repay a debt, requiring repayment of the entire outstanding balance.
736
Define Notice of Value.
A certificate establishing the current market value of a property based on an approved VA appraisal.
737
What is a Notice to Quit?
A landlord’s notice to a tenant, demanding that they vacate the leased property.
738
What is Novation?
The release of liability of the original tenant on a lease, and the substitution of a subsequent tenant with the lessor’s approval.
739
Define Null and Void.
Invalid and unenforceable.
740
What does Obedience refer to in fiduciary duty?
The requirement for a licensee to follow the lawful instructions of the principal.
741
What is Obsolescence?
A loss in value due to reduced desirability and usefulness of a structure.
742
Define Occupancy Standard.
The maximum number of inhabitants allowable in a given rental dwelling.
743
What is an Offer in contract terms?
The first step in forming a contract, requiring intent to contract and definite terms.
744
What does Offer and Acceptance represent?
The necessary elements of mutual assent in a contract.
745
What is an Offer of Cooperation?
A published offer in a multiple listing service including the amount offered as compensation to another brokerage.
746
Who is an Offeree?
A person who receives an offer.
747
Who is an Offeror?
A person who makes an offer.
748
Define Omission.
Failure to mention or disclose information.
749
What is an Open Listing?
A non-exclusive listing given by a seller to multiple brokers; a broker earns commission only if they are the procuring cause of the sale.
750
What are Open Market Operations?
When the Federal Reserve Board sells or buys government securities to control supply and demand.
751
Define Open-End Mortgage.
A loan containing a clause that allows the mortgagor to borrow additional money without rewriting the mortgage.
752
What is an Operating Budget?
A budget created to project the income and expenses for a property over a one-year period.
753
What does Opt Out mean for consumers?
The right to terminate future electronic communication from businesses.
754
What is an Option to Purchase?
A unilateral contract giving a potential buyer an exclusive right to buy property at an agreed price.
755
Who is an Optionee?
A person to whom an option is given.
756
Who is an Optionor?
A person who gives an option.
757
What is the Operating Budget?
A budget created to project the income and expenses for a property over a one-year period.
758
What does it mean to Opt Out?
A consumer’s right to terminate future electronic communication from business and commercial entities.
759
Define Option to Purchase.
A unilateral contract in which a seller gives a potential buyer an exclusive right to buy property at an agreed price during a specified period.
760
What is an Order of Eviction?
A court-ordered directive to a public officer to seize the property to regain possession for the owner.
761
What is an Ordinance?
A statute enacted by the legislative branch of a local government.
762
Define Ordinary Life Estate.
A conventional life estate in which the measuring life and the life tenant are the same person.
763
What does Origination refer to?
The process of making or initiating a new loan.
764
What is an Origination Fee?
A fee charged by a lender to cover the administrative costs of making a loan, usually based on a percentage of the loan amount.
765
Define Ostensible Agent.
A person who has been given the appearance of being an employee or acting for another, leading others to believe they are an agent.
766
What is an Outbuilding?
An accessory structure other than the main structure on land.
767
What is Overage Rent?
The amount above the base rent that a tenant owes according to the terms of a percentage lease.
768
What is an Owner’s Policy?
A type of title insurance issued in the name of the property owner.
769
Define Ownership in Severalty.
Ownership by a single individual person or legal entity, also called Sole Ownership or Separate Property.
770
What does P.O.C. stand for?
Paid Outside of Closing.
771
What is a Package Mortgage?
A mortgage where personal property is included in a real estate sale and financed with one contract.
772
Define Parcel.
A specific lot or piece of real estate, particularly a specified part of a larger tract.
773
What is Parol Evidence?
Evidence concerning negotiations or oral agreements not included in a written contract.
774
What is Partial Performance?
A potential remedy for breach of contract where the injured party agrees to accept less than the full terms.
775
What is a Partially Amortized Mortgage?
A method of loan repayment in which the balance of the outstanding loan is not zero at maturity.
776
What is Partition, Judicial?
A court action to divide real property among its co-owners.
777
What is Partition, Voluntary?
When co-owners agree to terminate their co-ownership, dividing the property.
778
Define Partnership.
A working arrangement in which two or more people combine their money and skills to operate a business.
779
What is a Pass-Through?
An additional operating cost passed from a property owner to a tenant.
780
Define Patent Defect.
A visible, apparent defect that can be seen in a reasonably thorough inspection of property.
781
What is a Payment Cap?
A limit on the amount of mortgage payment increases with an adjustable-rate mortgage.
782
Define Pecuniary Loss.
Monetary loss.
783
What is a Percentage Fee?
A fee based on a property’s gross collectible income.
784
What is a Percentage Lease?
A lease under which a tenant pays a percentage of the tenant's sales in addition to rent.
785
What is a Periodic Estate?
A leasehold estate that continues for successive periods of equal length until terminated.
786
What are Permits?
Official government documents that acknowledge work a person wants to do on a property.
787
Define Personal Property.
Tangible items not permanently attached to real estate; movable property not affixed to land.
788
What is Physical Deterioration?
The loss in value due to wear and tear of the structure.
789
What does PITI stand for?
Principal, Interest, Taxes, and Insurance.
790
What is a Planned Unit Development (PUD)?
A housing development not subject to standard zoning requirements.
791
What is a Planning Board?
A local entity responsible for approving development projects in the community.
792
Define Plat.
A detailed survey map of a subdivision, recorded in the county where the land is located.
793
What is Platform Framing?
A technique of framing where a platform is built over the basement or crawl space.
794
What is Platted Property?
Land that has been subdivided into blocks and lots.
795
Define Plottage.
An increase in value due to successful assemblage of separate parcels.
796
What is a Pocket Listing?
A property for which a broker holds a signed listing agreement not entered into the MLS.
797
What is a Point in mortgage terminology?
One percent of the loan amount charged as a fee.
798
Define Police Power.
The authority of state and local governments to enact and enforce laws for public welfare.
799
What are Polychlorinated Biphenyls (PCBs)?
Human-made chemicals associated with electrical equipment, banned by the EPA in 1979.
800
What is Porter’s Wage Escalation Formula?
A formula that ties rent escalation to the wages of building maintenance personnel.
801
Define Portfolio Lenders.
Financial institutions that make real estate loans and keep them in-house.
802
What is Possession?
The physical control of real property.
803
What is a Possessory Interest?
An interest in property that entitles the holder to possess and occupy it.
804
What is a Power of Attorney?
An instrument authorizing one person to act as another’s agent.
805
What is a Power of Sale Clause?
A clause that allows a trustee to sell property without court supervision.
806
What is Preapproval?
The preliminary process by which a lender determines if potential borrowers can be financed.
807
Define Predatory Lending.
Loan tactics that take advantage of ill-informed consumers through high fees or misrepresented terms.
808
What is a Preliminary Title Report?
A search of liens and encroachments to issue title insurance.
809
What is a Prelisting Inspection?
A home inspection conducted before the owner puts the home on the market.
810
What are Prepaid Expenses?
Expense items already paid by the seller in advance.
811
What is a Prepayment Clause?
A contract clause giving a lender the right to charge a penalty for early loan payoff.
812
What is a Prepayment Penalty?
Additional money charged by a lender for paying off a loan early.
813
Define Prequalification.
The informal process of determining how much a potential homebuyer might be eligible to borrow.
814
What is a Prescriptive Easement?
An easement obtained by continuous use of property belonging to someone else for a statutory period.
815
What is Preventive Maintenance?
Routine maintenance to keep equipment and property in good working order.
816
What does Price refer to in real estate?
The amount asked, offered, or paid for a property.
817
What is Price-Fixing?
An antitrust violation where competitors agree to fix prices.
818
Define Primary Market.
The market where lenders make mortgage loans directly to borrowers.
819
What is the Prime Rate?
The short-term interest rate a bank charges its most creditworthy customers.
820
Who is the Principal in an agency relationship?
The person who gives authority to an agent.
821
What is a Principal Meridian?
North-south lines designated for use with the government survey system.
822
What is the Principle of Decreasing Returns?
The theory that added value of a feature is less than the actual cost beyond a certain point.
823
What is the Principle of Increasing Returns?
The theory that added value of an additional feature is more than the actual cost.
824
What is Private Mortgage Insurance (PMI)?
An insurance policy protecting a lender if the borrower defaults, usually required with high loan-to-value ratios.
825
What is a Private Restriction?
A restriction imposed on property by a previous owner or subdivision developer.
826
Define Probate.
A judicial proceeding to establish the validity of a will and distribute estate property.
827
What is a Procurement Fee?
Compensation paid to a licensee by a tenant representative for finding space for the tenant.
828
What is Procuring Cause?
An uninterrupted series of events leading to the creation of a contract.
829
Define Professional Association.
A corporation made up entirely of licensed persons delivering services in a specific area.
830
What is a Proforma Statement?
A schedule of projected income and expenses for a real estate investment.
831
What is Progression in real estate?
The principle that the value of an inferior property is positively affected when surrounded by superior properties.
832
What is a Promissory Note?
A written, legally binding promise to repay a debt.
833
What is a Property Disclosure Statement?
A form identifying defects and issues related to the condition of the property for sale.
834
What is a Property Inspection?
An evaluation of the conditions of a property by a trained professional.
835
What is Property Management?
Managing the leasing or renting of real property for a fee.
836
What is a Property Management Agreement?
A written agreement creating an agency relationship between the property owner and manager.
837
Who is a Property Manager?
A person hired by a property owner to administer and maintain property.
838
What is a Proprietary Lease?
An exclusive lease given to a person who lives in and owns stock in a cooperative.
839
What is a Pro-Rata Share?
The equitable distribution of expenses among tenants based on the percentage of property occupied.
840
What is Proration?
The allocation of expenses between a buyer and seller in proportion to their actual usage.
841
What is a Prospect ID Form?
A form used to document identifying data about a prospective real estate client.
842
What is Prospecting?
Attempting to find business through various methods.
843
Define Protected Class.
A group of people legally protected against discrimination based on a common trait.
844
What is a Public Accommodation?
An establishment intended to be available to everyone for business or government purposes.
845
What is Puffing?
Superlative statements about the quality of a property not considered assertions of fact.
846
What are Punitive Damages?
Damages awarded to punish a defendant for malicious conduct.
847
What is a Purchase Agreement?
A contract in which a seller promises to convey title to real property in exchange for the purchase price.
848
What is a Purchase Money Mortgage?
A mortgage by which the seller finances all or part of the sales price for the buyer.
849
What is the Purchase Price?
The amount paid for a property.
850
What is the Quantity Survey Method?
A method to determine the cost of a building by specifying the number of materials used.
851
What is Quiet Enjoyment?
Use and possession of real property without interference.
852
What is a Quiet Title?
A court action to remove a cloud on the title.
853
What is a Quitclaim Deed?
A deed that grants any interest in property that the grantor may have without making any promises; often used to clear clouds on title.
854
Define Radiator.
A heating device consisting of a series of connected pipes, typically inside an upright metal structure, through which steam or hot water is circulated.
855
What is Radon?
A naturally occurring radioactive gas that emanates from the earth; odorless, colorless, and tasteless and the second leading cause of lung cancer in the U.S.
856
What does Range refer to in the rectangular survey system?
The six-mile distance between range lines.
857
What is a Range Line?
A line that runs parallel to a principal meridian, marking the land into six-mile strips known as ranges and numbered east or west of a principal meridian.
858
Fill in the blank: Rate of Return is a percentage relationship between the investment price or equity invested and the _______.
composite returns.
859
What is Real Estate?
The actual physical land and everything, both natural and man-made, that is attached (or appurtenant) to it.
860
Define Real Estate Cycles.
General swings in real estate activity, resulting in increasing or decreasing activity and property values; may be caused by economic or annual trends.
861
What is a Real Estate Investment Trust (REIT)?
A company that owns and often operates income producing real estate; it is organized as a trust with the investors as the beneficiaries.
862
What does the Real Estate Market encompass?
The mechanism by which rights and interests in real estate are sold, prices set, supply adjusted to demand, space allocated among competing alternate uses, and land use patterns set.
863
What is Real Estate Owned (REO)?
Property acquired by a lending institution through foreclosure and held in inventory.
864
What is the Real Estate Settlement Procedures Act (RESPA)?
Federal law, implemented by Regulation X, regarding real estate closings; provides specific procedures and guidelines for the disclosure of settlement costs.
865
Define Real Property.
The physical land and everything attached to it, and the rights of ownership (bundle of rights) in the real estate.
866
What is a REALTOR®?
Any real estate licensee who is a member of the National Association of REALTORS® (NAR) and affiliated state/local boards.
867
What does Reasonable Accommodation refer to?
Any change in practices (e.g., rules, services, policies) that enables a qualified individual with a disability to enjoy equal opportunities.
868
What is a Reasonable Modification?
A structural change that is made to allow persons with disabilities the full enjoyment of the housing and related facilities.
869
Define Reasonable Skill and Care.
A fiduciary duty that requires agents to protect clients from foreseeable harm, act in accordance with the high standards set by their profession, and perform their duties as promised.
870
What is a Receiver?
A court-appointed person who is charged with preserving a property, collecting rents, and doing anything necessary to maintain the property's condition.
871
What is a Recession?
A period of temporary economic decline, generally identified by two successive quarters of a reduction in gross domestic product.
872
What does Reciprocity mean in real estate?
The recognition that states give whereby a licensee of one state can be involved in real estate transactions in other states.
873
What is a Recital in a deed?
An element in a deed that identifies how and when the grantor took title to the property.
874
Define Reconciliation in appraisal.
The analysis and weighting of the values arrived at from the different appraisal approaches to arrive at a final opinion of value.
875
What are Recording Fees?
Fees charged for filing documents at the county recorder’s office so that they become part of the public record.
876
What is a Recourse Loan?
A loan in which, in the event of default, the lender can take action against the borrower personally in addition to foreclosing on the property.
877
What is the Rectangular Survey System?
Method of land description used in about 30 states based on imaginary lines of longitude (meridians) and latitude (baselines).
878
What is the Redemption Period?
The right of a mortgagor (borrower) to remedy a loan default within a specified time and receive the property back.
879
What is Redlining?
A lender’s illegal decision to deny mortgage loans in certain neighborhoods, based on the neighborhood’s racial or ethnic composition.
880
What is a Referee’s Deed?
A deed issued by the court to a property buyer from a bankruptcy sale.
881
Define Referral in the context of RESPA.
Any oral or written action directed to a person that has the effect of affirmatively influencing the selection of a provider of a settlement service or business.
882
What is a Referral Fee?
A fee paid from one employing broker to another employing broker for directing a buyer or seller to a real estate agent in that brokerage.
883
What does Refinancing mean?
An extension of the existing financing either through the same lender or through a new financial arrangement.
884
What is Reformation in legal terms?
Changes or modifications to a contract by a court to reflect the true intention of the parties.
885
What does Regression mean in real estate?
A principle that says the value of a superior property is negatively affected when it is surrounded by inferior properties.
886
What is Regulation Z?
The rules implementing the Truth in Lending Act that require borrowers to be shown how much they will pay for credit in dollars and percentages.
887
True or False: Rejection is an irreversible refusal of an offer by an offeree.
True.
888
What does Reliction refer to?
When a body of water gradually recedes, exposing land that was previously underwater.
889
What is a Remainder in property law?
A future interest in real property that becomes possessory when a life estate terminates.
890
Who is a Remainderman?
A person, other than the grantor, who has a future interest in the fee estate when a life estate ends.
891
What is Remaining Economic Life?
The period of usefulness that a building has remaining as of the effective date of the appraisal.
892
Define Remediation.
The act of stopping or reversing something specific, often environmental damage.
893
What is Rent?
Consideration paid by a tenant to a landlord in exchange for possession and property use.
894
What is a Rent Roll?
A report or spreadsheet listing key information about a property.
895
What is a Rent Survey?
A compilation of the rents being generated in a particular market for a particular property type.
896
Fill in the blank: Rentable Square Feet is the usable square feet plus a pro-rata portion of the common areas shared among all of the tenants, such as _______.
corridors, lobbies, and restrooms.
897
What is Renunciation?
When someone who has been granted something or has accepted something later gives it up or rejects it.
898
What does Replacement mean in construction?
Building the functional equivalent of the original building, using modern materials.
899
What is Replacement Cost?
The cost of constructing a building that is the functional equivalent of the original building, using modern techniques and materials.
900
Define Reproduction.
Building an exact duplicate of the original building, giving the new structure the exact same look and feel as the original.
901
What is Reproduction Cost?
The cost of constructing a building that is an exact replica of the original building.
902
What is a Request to Remedy or Repair?
A written list of items that the buyer asks the seller to repair prior to closing.
903
What is Rescission?
When a contract is terminated, and each party gives anything acquired under the contract back to the other party.
904
What is the Reserve Requirement?
The percentage of customers' deposits that commercial banks are required to keep on deposit.
905
What are Reserves?
Cash on deposit or other highly liquid assets a borrower must have to cover two months of PITI mortgage payments.
906
What are Reserves for Replacement?
An amount of money, considered as an operating expense, set aside for future replacement of major items.
907
What is a Resident Manager?
Represents a property management firm and may live on the premises of the building being managed.
908
What does the Residential Lead-Based Paint Hazard Reduction Act require?
Requires sellers and landlords to disclose known lead paint hazards for homes built before 1978.
909
Define Residual Income.
The amount of a borrower’s income remaining after subtracting taxes, housing expenses, and all recurring debts and obligations.
910
What is Restitution in contract law?
The return of consideration by both parties when a contract is rescinded.
911
What is a Restrictive Covenant?
A restriction on real property use imposed by a former owner; usually an owner’s promise to not use property in a particular way.
912
What is Retaliatory Eviction?
When a lessor attempts to remove a tenant in retaliation for complaining about code violations; generally illegal.
913
What is Return of Investment?
The protection of an investor’s equity in an investment.
914
What does Return on Investment (ROI) measure?
The gain/profit an investor experiences from an investment relative to its cost to acquire.
915
What is a Reverse Mortgage?
A type of mortgage in which qualified homeowners aged 62 or older can convert equity in the home into cash.
916
What is a Reversion?
A future interest that becomes possessory when a temporary estate terminates.
917
Who is a Reversioner?
The person who has a future estate interest in reversion.
918
What does Revocation mean in contract terms?
The termination of an offer by the offeror by withdrawing the offer before it is accepted.
919
What is a Rider in legal documents?
An addition, amendment, or addendum to a document or contract.
920
What is the Right of First Offer?
A right to have the first chance to buy or lease property if the owner decides to sell or lease it.
921
What is the Right of First Refusal?
An agreement to be given the first chance to buy or lease property after receiving a bona fide offer from a third party.
922
What is the Right of Redemption?
The legal ability to buy back one's property within the time specified after a judicial sale.
923
What is the Right of Rescission?
The right of a consumer to rescind any credit transaction involving their principal residence as collateral.
924
Define Right of Survivorship.
A characteristic of statutory survivorship tenancy; surviving co-tenants automatically acquire a deceased co-tenant’s interest in the property.
925
What is a Right of Way (ROW)?
An easement giving the holder the right to cross another person’s land.
926
What is a Ringman?
An individual positioned among auction attendees to spot bidders for the auctioneer.
927
What are Riparian Rights?
Water rights of landowners whose land touches a natural body of flowing water.
928
What does Risk refer to in real estate?
The probability that events will not occur as expected.
929
Define Risk Management.
The process of identifying potential hazards and threats and then implementing procedures to minimize their impacts.
930
What are Robocalls?
Prerecorded marketing telephone calls delivered to a broad audience via an automated dialing system.
931
What is the Root of Title?
The deed or other document of transfer that was the first recorded.
932
Define Rough-Ins.
Any type of interior work to a house or building that is not part of the finish work.
933
What is a Roundtable Closing?
A settlement procedure conducted with all parties present.
934
What is the Rule of Capture?
A legal principle that grants a landowner the right to all oil and gas produced by wells on their land.
935
What does Runs with the Land mean?
Rights, conditions, or restrictions associated with the property will pass from owner to owner when the land is conveyed.
936
What is an S Corporation?
A business entity that operates like a corporation but is treated like a partnership for tax purposes.
937
What is the Safeguards Rule?
A provision of the federal Gramm-Leach-Bliley Act that requires financial institutions to protect personal customer information.
938
What is a Safety App?
Mobile phone software that can be used for personal security.
939
What is Sale-and-Leaseback?
A method for financing commercial properties in which a company sells the building to an investor and then leases it back.
940
What is the Sales Comparison Approach?
An appraisal method that estimates the value of real property by performing a market analysis of comparable properties.
941
What is a Sales Contract?
An agreement in which the buyer and seller agree to the terms and conditions of the sale of property.
942
Who is a Salesperson?
A real estate licensee who works under the supervision of a broker.
943
What is the Satisfaction of Lien?
The document a mortgagee gives the mortgagor acknowledging the debt has been paid in full.
944
What is a Savings and Loan Association?
An institution whose primary function is to promote thrift and homeownership.
945
Define Scarcity in real estate.
A physical characteristic that indicates a limited supply of real estate.
946
What is a Sealed-Bid?
A method of selling in which prospective buyers submit bids that are opened at a designated time.
947
What is a Second Mortgage?
A mortgage subordinate to a first mortgage.
948
What is Secondary Financing?
A loan obtained in addition to a first mortgage.
949
What is the Secondary Market?
Private investors and government enterprises and agencies that buy and sell mortgages.
950
What is a Secret Profit?
A financial benefit that an agent takes from a transaction without authorization from the principal.
951
What is a Section in real estate terms?
Part of a township, one-mile by one-mile square; one section equals 640 acres.
952
What is Section 203(b) FHA Loan?
The basic FHA-insured fixed-rate, long-term financing program for the purchase of a one- to four-unit owner-occupied home.
953
What is a Section 502 Loan?
A home financing program through the U.S. Department of Agriculture that guarantees loans made by approved private lenders.
954
What is Section 8?
A federal program that authorizes the payment of rental housing assistance to private landlords.
955
What is a square in the rectangular survey system?
One section equals 640 acres and 36 sections equal one township.
956
What is a Section 203(b) FHA Loan?
The basic FHA-insured fixed-rate, long-term financing program for the purchase of a one- to four-unit owner-occupied home.
957
What is a Section 502 Loan?
A home financing program through the U.S. Department of Agriculture that guarantees loans made by approved private lenders or makes direct loans if no local lender is available.
958
What is Section 8?
A federal program that authorizes the payment of rental housing assistance to private landlords on behalf of low-income households.
959
What is securitization?
The act of pooling mortgages and then selling them as mortgage-backed securities.
960
What is a security in financial terms?
An investment that creates a financial interest in a business with no management authority.
961
What is a security deposit?
Money a tenant gives a landlord at the beginning of the tenancy to ensure compliance with lease terms.
962
Define seizin.
The possession of a freehold estate; ownership.
963
What is self-dealing?
When a fiduciary takes advantage of their position in a transaction and acts in their own interests.
964
What is self-employment tax?
Medicare tax and Social Security tax not paid by an employer.
965
What is a self-help eviction?
When a lessor uses physical force, a lockout, or a utility shutoff to remove a tenant, generally illegal.
966
What is a seller’s agent?
A licensee representing the interests of the seller of a property.
967
What defines a seller’s market?
A situation where a large number of buyers are looking for housing in an area of limited availability.
968
Who is a selling agent?
The licensee who secures a buyer for a property.
969
What is a service animal?
A dog or miniature horse individually trained to perform tasks for an individual with a disability.
970
What does servicing refer to in real estate?
The process of collecting loan payments, keeping records, and handling defaults.
971
Define servient tenant.
The owner of a property burdened by an easement.
972
What is a servient tenement?
Property burdened by an easement.
973
What is a setback in zoning?
The minimum distance that a building must be from a designated position, such as a property line.
974
What is the role of a settlement officer?
The person charged with coordinating the activities and documentation necessary for completing a real estate transaction.
975
What are settlement services?
Any service provided in connection with a prospective or actual settlement of a real estate transaction.
976
What is a settlement statement?
A detailed accounting of a real estate transaction showing cash received and disbursed.
977
What does it mean if a contract is severable?
One part of a contract can be held unenforceable without making the entire contract unenforceable.
978
What is severalty ownership?
Ownership by one person.
979
What is severance in real estate?
The process through which fixtures are detached from the land and revert back to personal property.
980
What is a share loan?
A co-op loan signifying a buyer is purchasing shares in a corporation.
981
What is sheathing in construction?
A layer of boards applied to the outer studs to strengthen the structure.
982
What is a sheriff’s deed?
A deed issued by the court to a property buyer from a foreclosure sale.
983
What is a sheriff’s sale?
A foreclosure sale held after a judicial foreclosure.
984
What is a short sale?
A lender-approved sale from which the proceeds are not sufficient to cover the mortgage amount.
985
What are showings in real estate?
Touring properties with a buyer.
986
Define site in real estate.
A tract of land prepared for construction.
987
What is site value?
The value of land with necessary enhancements for building.
988
What does situs refer to?
A place where something exists; an area with preferred features.
989
What is slab-on-grade construction?
A concrete foundation built directly on the ground.
990
What is slander in legal terms?
Defamation of another’s character through spoken words.
991
What is a sloped joist?
A roof construction with joists angled up to allow for vaulted ceilings.
992
What is social media?
Online tools that allow users to create communities and share ideas.
993
What is a sole proprietorship?
A business owned and managed by one person who is personally liable for all debts.
994
What is spam in communication?
The use of electronic messaging to send unsolicited bulk messages.
995
What is a special agent?
An agent authorized to perform a specific activity or transaction.
996
What is a special assessment?
A tax levied against properties that benefit from a public improvement.
997
What is a special warranty deed?
A deed where the grantor warrants against defects occurring after acquiring title.
998
Define specific lien.
A lien that attaches only to a particular parcel of property.
999
What is specific performance in legal terms?
A legal remedy where a court orders a party to fulfill contract obligations.
1000
What are specifications in construction?
Written documents detailing requirements for construction scope.
1001
What is the sphere of influence in sales?
A group of people known to a salesperson likely to do business with them.
1002
What is spot zoning?
An illegal rezone that favors a particular property owner without justification.
1003
What is the square foot method?
A cost approach appraisal method for determining building cost.
1004
Who is a squatter?
A person who unlawfully occupies an uninhabited building or unused land.
1005
What is stable monthly income?
Income that can reasonably be expected to continue in the future.
1006
What is a stakeholder?
Someone with a vested interest in a project.
1007
What is standard coverage in title insurance?
A policy that protects against clouds or problems with the title.
1008
What is a statute?
A law passed by a state legislature.
1009
What is the statute of frauds?
A law requiring certain contracts to be in writing and signed to be enforced.
1010
What is the statute of limitations?
A law requiring parties to file a lawsuit within a specified time after an event.
1011
What is a statutory nonemployee?
Workers that are subject to their broker’s supervision but not independent contractors for tax purposes.
1012
What is the statutory right of redemption?
Allows a borrower to redeem property after a foreclosure sale for a set period.
1013
What is the statutory right of reinstatement?
A way for borrowers to cure default by bringing the mortgage current before foreclosure action is filed.
1014
What is a statutory year?
A year treated as having 30 days per month, totaling 360 days.
1015
What is steering in real estate?
Channeling buyers or tenants to or away from neighborhoods based on protected class.
1016
What is stigmatized property?
A property undesirable due to a past event, such as a crime or death.
1017
What is a straight loan?
A non-amortized loan covering only interest over the term.
1018
What is straight-line depreciation?
A method taking the total cost of a building and dividing it by its useful life.
1019
What is a straw buyer?
A person used to apply for a loan under false pretenses as part of a fraud scheme.
1020
What is strict foreclosure?
A foreclosure action where the court sets a deadline for full payment or the lender receives title.
1021
What is a stud in construction?
A vertical beam that serves to frame a structure.
1022
What is a subagent?
An agent of an agent authorized to assist in carrying out the principal's orders.
1023
What is subdivided land?
Land divided into two or more parcels for development.
1024
What is subject property?
Property for which a value estimate is sought.
1025
What is a sublease?
An agreement where a tenant transfers less than their entire leasehold estate to another person.
1026
What is a subordination agreement?
A written agreement that changes the priority of mortgages and other liens.
1027
What is a subordination clause?
A clause giving a later recorded mortgage priority over an earlier recorded mortgage.
1028
What are subprime loans?
Loans with more risks than allowed in the conforming market.
1029
What is substantial performance?
When a promisor does enough of their obligations to require the promisee to fulfill their part.
1030
What is substitution in property valuation?
An informed buyer will not pay more for a property than a comparable alternative.
1031
What are subsurface rights?
Rights a landowner has to the land below the surface.
1032
What is a suit in legal terms?
A court action to enforce a legal claim or right.
1033
What is a suit to quiet title?
A lawsuit to determine who has title to a piece of property.
1034
What is the Superfund Amendments and Reauthorization Act (SARA)?
An act that amended CERCLA, designated more money to the Superfund trust, and established new environmental laws.
1035
What does supply and demand refer to?
An economic principle stating that prices will fall when supply exceeds demand and rise when demand exceeds supply.
1036
What is surplus land?
The portion over what is necessary for the highest and best use of the subject property.
1037
What is a survey in real estate?
The formal process of locating and measuring the boundaries of a property.
1038
What is SWOT analysis?
A business planning technique that identifies strengths, weaknesses, opportunities, and threats.
1039
What is a syndicate?
An association formed to operate an investment business.
1040
What is tacking in property law?
Successive periods of use or possession added together to meet state law requirements.
1041
What is a takeout loan?
A loan that provides permanent financing after construction is complete.
1042
What is taking in legal terms?
The government’s unconstitutional condemnation of private property without just compensation.
1043
What is a task force?
A temporary workgroup formed to accomplish a specific objective.
1044
What is a tax base?
The total tax-assessed value of all real property in a jurisdiction.
1045
What is tax depreciation?
The expensing of the cost of business property over a set number of years.
1046
What is the tax rate?
The rate multiplied by the assessed value of property to determine property tax due.
1047
What is a tax ratio?
A percentage applied to a property’s market value to determine assessed value.
1048
What is a tax shelter?
Property or investments that provide certain income tax advantages.
1049
What is taxation?
The right of government to require contributions from citizens for services.
1050
What is a technically exhaustive inspection?
An inspection involving extensive measurements and testing beyond a normal home inspection.
1051
What is tenancy at sufferance?
Possession by a tenant who stays on after the lease expires without permission.
1052
What is tenancy at will?
Possession with the owner’s permission but with no definite lease term.
1053
What is tenancy by the entirety?
A form of property co-ownership by a married couple where each has an equal share.
1054
What is tenancy from period to period?
A leasehold that is automatically renewed for the same term as the original lease.
1055
What is tenancy in common?
A form of co-ownership where two or more persons have an undivided interest in the entire property.
1056
What is tenancy in severalty?
Ownership by a single person or legal entity.
1057
What is a Tenant?
Someone in lawful possession of real property, especially someone who has leased property from the owner.
1058
What is a Holdover Tenant?
A lessee who remains in possession of property after the lease has expired without permission.
1059
Define Tendering Performance.
An unconditional offer by one party to perform that party’s part of a contract.
1060
What is a Term Mortgage?
A method of financing in which only interest is paid during the term of the loan, with the entire principal due at maturity.
1061
What does Testate mean?
Refers to someone who has died and left a will.
1062
Who is a Tester?
A person working with a fair housing organization who pretends to be interested in buying or renting property.
1063
What is a Tie-In Agreement?
An antitrust violation in which one transaction or agreement is contingent on a second transaction or agreement.
1064
What does 'Time is of the Essence' refer to in a contract?
A clause that makes failure to meet a stated deadline a material breach of the contract.
1065
What is a Timeshare?
A form of property ownership in which several buyers purchase an interest in the same estate.
1066
Define Title in real estate.
The actual, lawful ownership interest in a property; title is not a document but a concept.
1067
What is a Title Company?
An entity that examines and insures title claims for real estate purposes.
1068
What is Title Insurance?
An insurance policy that protects against loss or damages due to defects in the title.
1069
What is a Title Report?
A report issued by a title company disclosing the condition of the title to a specific piece of property.
1070
What is a Title Search?
A thorough inspection of the public record to determine all rights and encumbrances affecting title.
1071
Define Title Theory.
A property loan financing arrangement where the borrower does not keep the title during the loan term.
1072
What is Equitable Title?
An interest in property created upon the execution of a valid sales contract.
1073
What does Legal Title refer to?
The interest in property held by the rightful owner.
1074
Define Topography.
A description of surface features of land.
1075
What is Tortious Interference?
The causing of harm by disrupting something that belongs to someone else.
1076
What is the Total Debt-to-Income Ratio?
The relationship of a borrower's total monthly debt to gross monthly income, expressed as a percentage.
1077
Define Townhome.
Property developed for co-ownership where each co-owner has a separate fee simple interest.
1078
What is a Township?
A square division of land, six miles by six miles, in the rectangular survey system.
1079
What are Township Lines?
East-west lines that run parallel to baselines in the rectangular survey system.
1080
Define Trade Fixture.
An item of personal property that is annexed to leased property and may be removed by the tenant.
1081
What is Traditional Agency?
An agency relationship where the seller is the only client.
1082
Define Transactional Brokerage.
A brokerage relationship where a licensee provides only administrative services to buyers and sellers.
1083
What is a Transfer Tax?
A tax levied when real property changes ownership from one person to another.
1084
What does Transferability mean?
The ability to freely buy, sell, encumber, or dispose of property.
1085
What is the TRID Rule?
The TILA-RESPA Integrated Disclosure rule for standardized consumer-friendly disclosure documents.
1086
Define Trigger Term.
A word or phrase that describes a loan, requiring disclosures if used in advertising.
1087
What is a Triple Net Lease?
A lease in which the tenant pays all expenses associated with owning the property.
1088
What is True Tax?
The amount of property tax assessed against a specific property before exemptions.
1089
Define Trusses.
A framework of rafters, posts, and beams that forms the support for a roof.
1090
What is a Trust?
A legal arrangement where title to property is managed by trustees for the beneficiaries.
1091
What is a Trust Account?
A separate account maintained by a broker for the deposit of a client’s money.
1092
What are Trust Funds?
Funds held on behalf of another, such as an earnest money check.
1093
Who is a Trustee?
A person appointed to manage a trust on behalf of the beneficiaries.
1094
What is a Trustee’s Deed?
A deed executed by a trustee transferring title from the trust to a successful bidder.
1095
Define Trustee’s Sale.
A nonjudicial foreclosure sale under a deed of trust.
1096
Who is a Trustor?
The property owner who grants a trust to a third party for the benefit of someone else.
1097
What is the Truth in Lending Act (TILA)?
A federal act designed to promote informed use of consumer credit through proper disclosure.
1098
What is the Unauthorized Practice of Law?
A person not licensed as an attorney performing acts that may only be performed by an attorney.
1099
Define Underground Storage Tank (UST).
A receptacle used to store substances that is at least 10% underground.
1100
What does Underwater mean in real estate?
A home purchase loan that has a higher balance than the market value of the property.
1101
Who is an Underwriter?
An individual who evaluates a loan application to determine its risk level.
1102
What is Underwriting?
A lender’s process of evaluating and deciding whether to make a new loan.
1103
Define Undisclosed Dual Agency.
A situation where one licensee represents both buyer and seller without informed consent.
1104
What is Undivided Interest?
A co-tenant’s interest giving the right to possession of the whole property.
1105
Define Undue Influence.
When a person in a fiduciary capacity misuses trust to unfairly induce a party into a contract.
1106
What is an Unearned Increment?
An increase in property value through no efforts of the property owner.
1107
What is Unencumbered Property?
Property that is free and clear of any liens.
1108
Define Unenforceable Contract.
A contract that a court would refuse to enforce.
1109
What is an Unfair Business Practice?
An activity that causes substantial consumer injury that a consumer could not reasonably avoid.
1110
What does the Uniform Commercial Code (UCC) provide?
A general set of laws providing uniformity and fairness in commercial transactions.
1111
What is the Uniform Residential Appraisal Report (URAR)?
The valuation reporting document most commonly used by lenders and appraisers.
1112
What is the Uniform Residential Loan Application (URLA)?
A standardized form required by lenders to gather pertinent information from borrowers.
1113
Define Uniform Standards of Professional Appraisal Practice (USPAP).
Professional appraisal standards recognized throughout the United States.
1114
What is a Unilateral Contract?
A contract in which only one party makes a binding promise to another party.
1115
What is the Unit-in-Place Method?
A cost approach appraisal method estimating the cost of reproducing a building.
1116
Define Unity of Interest.
A unity of ownership where each co-owner has an equal share of ownership in a property.
1117
What is Unity of Person?
A unity of ownership where co-owners are considered a single legal entity.
1118
What does Unity of Possession mean?
A unity of ownership where each co-owner is entitled to possession of the entire property.
1119
Define Unity of Time.
A unity of ownership where each co-owner acquires title simultaneously.
1120
What is Unity of Title?
A unity of ownership where each co-owner acquires ownership interest through the same instrument.
1121
What is a Universal Agent?
An agent authorized to do everything that can be lawfully delegated to a representative.
1122
Define Unjust Enrichment.
A benefit without valid basis or justification at the expense of another.
1123
What is an Unlawful Detainer Action?
A legal action to regain possession of real property.
1124
Who is an Unlicensed Assistant?
A member of a real estate team that can help with administrative tasks but not licensed activities.
1125
Define Unreasonable Restraint of Trade.
Business practices that mutually restrict access or limit competition.
1126
What is an Unsecured Loan?
A loan made on the signature and credit of the borrower, not secured by collateral.
1127
Define Urban Design.
Design addressing both the appearance and function of various urban features.
1128
What is Urban Planning?
The process of creating a blueprint to guide the future development of a community.
1129
What does Urban Renewal involve?
The acquisition of certain areas by government action for redevelopment.
1130
Define Urea-Formaldehyde.
A potentially toxic chemical used in manufacturing building materials.
1131
What is Urea-Formaldehyde Foam Insulation (UFFI)?
A type of insulation that can be blown in or injected in hard-to-access areas.
1132
What are Usable Square Feet?
The space actually available and usable for a tenant’s personnel and equipment.
1133
What is the USDA Rural Development Loan program?
A program that guarantees loans for various housing-related expenses.
1134
What is a Use Variance?
Allows landowners to use their land in a way not permitted under current zoning laws.
1135
Define Usury.
Charging a higher interest rate than the law allows.
1136
What is Utility in economics?
The ability of a good or service to satisfy human wants, needs, or desires.
1137
What is a VA-Guaranteed Loan?
A home financing option available to eligible veterans through the Department of Veterans Affairs.
1138
What is a Valid Contract?
A contract that meets all legal requirements for contract formation.
1139
What is Valuable Consideration?
Consideration that has monetary value.
1140
Define Value in real estate.
The present worth of future benefits of property ownership.
1141
What is Value in Use?
The value of a property as it is presently being used.
1142
What is a Vapor Retarder?
A material used to reduce the flow of water vapor.
1143
Define Variable Expenses.
Operating expenses necessary to the property, dependent on occupancy level.
1144
What is a Variable Interest Rate Mortgage (VRM)?
A type of loan where the interest rate varies according to an external index.
1145
What is a Variance?
A permit allowing the holder to use property in a way that deviates from zoning ordinances.
1146
Who is a Vendee?
The buyer in a land contract.
1147
What is a Vendee's Lien?
A lien held by the purchaser for the purchase price paid if the seller defaults.
1148
Who is a Vendor?
The seller in a land contract.
1149
Define Ventilation.
A system that draws fresh air into a structure and removes stale air.
1150
What is a Verification of Deposit (VOD)?
A form sent by a bank to a lender verifying the borrower's accounts.
1151
Define Vicarious Liability.
The legal concept that a principal can be held responsible for wrongful acts of their agent.
1152
What is a View Easement?
A negative easement preventing a tenant from adding anything that affects another's view.
1153
What does VIM stand for?
A formula used to derive the appropriate multiplier from transaction data.
1154
What is a Visual Preference Survey?
A survey where respondents evaluate various design options depicted visually.
1155
Define Void Contract.
A contract that isn’t enforceable due to lack of requirements for contract formation.
1156
What is a Voidable Contract?
A contract that one party can end without liability due to factors like fraud.
1157
What does Voltage measure?
Electric potential.
1158
What is the formula for calculating the Multiplier (M)?
M = V (Sales Price) / I (Gross Income) ## Footnote This formula is used in real estate to analyze the relationship between sales price and gross income.
1159
What is a Visual Preference Survey?
A type of survey in which respondents evaluate various design options as depicted in drawings, photographs, or other visual representations. ## Footnote Useful in design and planning to gauge public opinion.
1160
What is a Void Contract?
A contract that isn’t enforceable because it lacks one or more of the requirements for contract formation or is otherwise defective. ## Footnote Examples include contracts for illegal activities.
1161
What is a Voidable Contract?
A contract that one of the parties can end without liability because of a lack of legal capacity or other factors such as fraud or duress. ## Footnote Often involves minors or mentally incapacitated individuals.
1162
Define Voltage.
A measure of electric potential; the energy that could be released if the electric current is allowed to flow. ## Footnote Measured in volts (V).
1163
What is Voluntary Alienation?
When title to property is transferred voluntarily through a sale, gift, dedication, or grant. ## Footnote Opposite of involuntary alienation.
1164
What is a Voluntary Lien?
A lien placed against property with the consent of the owner, e.g., a mortgage or deed of trust. ## Footnote Commonly used to secure loans.
1165
What is the 'Want' in an auctioneer's chant?
The part of the auctioneer’s chant that asks for an amount of the next bid. ## Footnote Essential for the auction process.
1166
What is Warehousing in the context of loans?
The process of gathering loans together for sale to investors in the secondary market. ## Footnote Important for liquidity in the mortgage market.
1167
What is a Warranty Deed?
A deed in which the grantor fully warrants good and clear title to the property and agrees to defend the premises against the lawful claims of third parties. ## Footnote Provides the highest level of protection to the grantee.
1168
What does 'Warranty Forever' mean in a deed?
A guarantee in a deed that the grantor promises to compensate the buyer if title is not good. ## Footnote Ensures buyer protection against title issues.
1169
Define Waste in real estate terms.
The actions of a life tenant who uses the property in a way that damages it or reduces its market value. ## Footnote Can lead to legal action from remaindermen.
1170
What are Water Rights?
The rights of a landowner to water adjoining or passing through property. ## Footnote Essential for agricultural and residential use.
1171
What is the Water Table?
The distance from ground level to natural groundwater. ## Footnote Affects construction and agricultural practices.
1172
What does Wear and Tear refer to?
The lessening in value of an asset due to ordinary and normal use. ## Footnote Considered in property valuations.
1173
Define Wetlands.
An ecosystem where the land is permeated with water, which either lies on or near the surface of the land; an environment where specialized plants, aquatic species, and wildlife live. ## Footnote Critical for biodiversity and ecological balance.
1174
What is a Will?
A legal declaration in which a person disposes of property to take effect upon their death. ## Footnote Must be executed according to state laws to be valid.
1175
What is a Wraparound Mortgage?
A financing arrangement in which an existing loan on a property is retained while the lender gives the borrower another, larger loan. ## Footnote Useful for buyers who cannot qualify for a new loan.
1176
What is a Writ of Execution?
A court order to an officer to carry out judicial decree. ## Footnote Often used to enforce judgments.
1177
Define Yield in investment terms.
The interest earned by an investor on the investment. ## Footnote Typically expressed as a percentage.
1178
What is Yield Spread Premium (YSP)?
A tool that mortgage brokers can use to lower the upfront closing costs for a borrower. ## Footnote Can affect the overall cost of a mortgage.
1179
What is Zoning?
Government regulation of the uses of property within specified areas. ## Footnote Ensures orderly development and land use.
1180
What are Zoning Ordinances?
Local laws that divide a city or county into different areas or zones and determine how land can be used and the specific requirements for compliance. ## Footnote Key for urban planning and development.