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75 Cards in this Set

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Lessors right to take possession of leased property upon the end of lease

Sale and lease back

Seller restrains occupancy to land by leasing back simultaneously with sale. Generally for a long term lease.

Sandwich lease

Leasehold which has been sublet by a lessee to another party so the former becomes a lessor.

Setback

Area from the curb or other set line of demarcation within which no structure can exist

A listing

Usually reflects the highest price an owner believes they can obtain for the property

Fair market value the most probable price the property would bring if I offered for sale a reasonable period of time in a competitive market we’re both buyer and seller fully informed in either one is acting under duress

A deed restriction would be enforced by a

Court injunction

A veteran qualifying for a cal-vet loan must pay what fees

Appraisal


Origination

California civil code states what about inspecting an property

That the broker must visually inspect the property

Blanket trust deed

If an individual loan is secured by several parcels of property, it is called a blanket loan

According to a deed of trust, the trustor is the person

The trust or the funds or the extension of credit for signs of the promissory note is the marker therefore he becomes liable for repaying the loan.

Signs the promissory note

Junior loans are usually originated by who

Private loans

Reconciliation

When broker balances his trust account with his bank statement, it is called

Trust deed

Is not considered an estate in real property

What is the Max lease for a farm property

51 years

A real property seller can recover damages from a real estate broker if the broker

Acts in excess of his authority conveyed by the seller

Which of the following is responsible for periodic inspection of an apartment building

Property manager

Joint tenancy

Provides the right of survivorship

incorporeal property

Also known as intangible property.


Not composed of matter

Land

Legally defined as real estate

bundle of rights

The bundle of rights gives the owner the right to use, possess, or lease out their property just about any way they see fit, subject to local (public and private), state, and federal zoning and usage laws and rules.

Actual authority

Authority actually given to an agent by the principal (expressly or by implication).

Abandonment

Giving up possession or ownership of property by not using it, generally indicated through some affirmative act, like


removing one’s belongings from an apartment.

Abstract of judgment:

Document that summarizes the result of a legal action, which can be filed in any county where the judgment debtor owns a property.

Abstract of title

Summation of all recorded transfers, conveyances, legal proceedings, and any other facts relied on as evidence of title to show ownership continuity and signify any possible loss to title.

Acceleration clause

Provision in a real estate financing instrument allowing the lender to declare the full debt due immediately if the borrower breaches any of the provisions of the loan agreement. Also referred to as a call provision.

Acceptance

(a) Agree to the terms of an offer and enter into a binding contract.


(b) Receive delivery of a deed from the grantor.

Accession

The process of manufactured or natural improvement or addition to property.

Accretion

A steady addition to dry land through the forces of nature, as when waterborne sediments get deposited on waterfront property.

What are the two main types of property

Real property and personal property

Acknowledgment

Formal declaration made before an authorized person (generally a notary public) by an individual who has executed a written instrument that it has been done voluntarily.

Acquisition cost:

Amount of money required to acquire title to a property, it includes the purchase price as well as the closing costs, legal fees, escrow, service charges, title insurance, recording fees and other such expenses.

Adjacent

Next to, nearby, bordering, or neighboring (not necessarily in real contact).


Addendum

: A page containing additional provisions attached to a


purchase agreement or any other contract.

Adjustable

rate mortgage (ARM): Loan in which the interest rate increases or decreases periodically to reflect changes in the cost of money

Adjusted basis

Purchase price of property plus cost of specified improvements, minus any depreciation deductions taken.

Adjustment period

Time period between when the interest rate or monthly payment for an adjustable-rate mortgage is changed.

What is real property

Is usually fixed or apportent to the property

What is personal property

Is movable

What’s another name for personal property

Personality or chattel

How can personal property be described as

Tangible or intangible

What is tangible property

It can be touched

Intangible

Not composed of matter

What is incorporeal property

Is also called intangible property not composed of matter

Real property

Can include minerals

Administrative agency:

Government agency administering a complicated area of law and policy, implementing and enforcing detailed regulations that have the force of law. For example, the Department of Real Estate is the administrative agency charged with regulating the real estate business.

Agency, Exclusive:

Listing agreement that employs a broker as sole agent for a seller of real property for which the broker is entitled to compensation if the property is sold via any other broker, but not if a sale is negotiated by the owner without the services of an agent.

Agency, Ostensible:

(Refer: Agency, Apparent).

Agency Confirmation Statement:

Written statement indicating the representation of a real estate agent of a party. It should be signed by both the buyer and the seller before they enter into a residential purchase agreement.

Agency Disclosure Form

Agency Disclosure Form: Form explaining the duties of a seller’s agent, a buyer’s agent, and a dual agent, required to be signed by both the buyer and the seller before they enter into a residential purchase agreement.

Agency law:

Body of legal rules governing the relationship between agent and principal by imposing fiduciary duties on the agent as well as liability for the actions of the agent on the principal.

Agent:

Individual authorized to represent another (known as the principal) in dealings with third parties.

Agents in production:

Agents in production: The elements necessary to generate income and establish a value in real estate: labor, coordination, capital, and land.

Age of Majority

Age of a person when he/she becomes legally competent (usually the age is 18 years).

Agreement

Contract between two or more persons to do or not do a certain thing, for consideration.


4

The right to unobstructed use and possession of the air space over a parcel of land. This right may be transferred separately from the land.

Air rights

Ad valorem:

Latin phrase meaning “according to value,” referring to taxes assessed on the value of property.

The transfer of ownership or an interest in property from one person to another, in any way.

Alienation

Transfer of an interest in property against the will of the owner, or without any action by the owner (ensuing through operation of law, natural processes, or adverse possession).

Alienation, Involuntary

When an interest in property is voluntarily transferred by the owner to someone else (generally by deed or will).

Alienation, Voluntary:

A security instrument provision giving the lender the right to declare the full loan balance due immediately if the borrower sells or else transfers the security property; also termed as due-on-sale clause.

Alienation clause:

All-inclusive Deed of Trust:

Refer: Mortgage, Wraparound.

Alluvion:

Or Alluvium is the increase of soil along the bank of a


body of water by natural forces.

Alquist-Priolo Act:

A law in California that requires applications for development of property in an earthquake fault zone to include a geologic report.

or American Land Title Association is a nationwide organization of title insurance companies. An extended coverage title policy is also referred to as an ALTA policy.

Atla

Amendment:

A supplementary agreement that changes one or more terms of a contract is called a contract amendment or contract modification. It needs to be signed by all the parties to the original contract.

The adding of interest-not-paid to the principal balance of a loan.

Amortization, Negative

Adverse possession

A way of acquiring title to real property belonging to someone else by occupying it without permission, and fulfilling other statutory requirements.

Affidavit

Acknowledged sworn statement in writing made before a notary public (or any other official authorized to administer an oath).

Affiliated licensee

A real estate salesperson or associate broker employed by a broker is known as an affiliated licensee.

Affirm:

(a) To confirm or approve.


b) To make a sincere declaration that is not under oath.

After-acquired title:.

If a title is acquired by a grantor only after a conveyance to a grantee, the deed to the grantee becomes effective at the time the grantor actually receives title

Agency:

The association between a principal and the agent of the principal that is formed by way of a contract, that may be oral or written, express or implied, by which the agent is employed by the principal to do certain acts dealing with a third party.

Agency, Apparent:

When the impression given to a third party is that someone who hasn’t been approved to represent another is that person’s agent, or are given the idea that an agent has been approved to perform acts which are actually beyond the capacity of his authority; also called ostensible agency.

Agency, Dual:

An agency relationship where the agent represents two principals in their dealings with each other.

Bundle rights

Including the land and Everything on the land.