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39 Cards in this Set

  • Front
  • Back

type of agency practiced in which there is only ever one client

single agency

the law of agency

the rules of law that apply to the responsibilities of a person who acts as an agent for another

a broker's salesperson lists a condo for sale. in this transaction, the salesperson

acts on behalf of her broker

liz pendens

a pending legal action




pendens - pending




such as a pending foreclosure




may still be before the court, undecided as yet

equalization factor

used to equalize assessment rates between different jurisdictions in a county




multiply the assessed amount by the equalization factor to get the equalized assessed value

ad valorum

the levying of tax or customs duties in proportion to the estimated value of the goods or transaction concerned.




general real estate taxes

MD law states that 1st time home buyers will not pay the State Transfer Tax.

state transfer tax is reduced from .50% to .25%




the seller must pay his portion of the state transfer tax




1st time buyers are purchasers who have never owned property in MD

"time is of the essence" means

that dates are binding and enforceable

When contract rights are assigned,

the original party remains liable for performance

a contract for purchase of real estate on an installment basis can be called

a land contract

a contract based upon fraud

is voidable by the party upon whom the fraud was committed

A ratified contract of sale is

an executory contract

Buyer A has stated that his offer will be open for 3 days and decides to cancel it after one day. Is that legal?

The offer may be withdrawn without penalty.

Equitable title

the interest held by the vendee (buyer) when legal title is held in another's name.

Executory

A contract under which something remains to be done by one or more of the parties - not yet executed B it already ratified

voidable

that which is capable of being adjudged void, but is not void unless action is taken to void it.

offer

A promise by one party to act in a certain manner, provided the other party will act in the manner requested

assignment

a transfer to another of rights, interest, or claim, in or to real or personal property.

breach

the violation of a duty, obligation, or engagement

duress

forcing action or inaction against a person's will

consideration

one of the essential elements of a contract; bargained for and received in return for a promise

unilateral contract

one sided agreement, one party makes a promis to induce a second party to do something with the second party under no obligation to act.

property rights of a cooperative ownership are considered

personal

two joint tenants own a building. One dies. the other now owns the building. . .

in severalty

Severalty means

Ownership in severalty means one person owns the property. Think of the word "severed," separated from, rather than the word "several," meaning more than one.




To sever from others

In joint tenancy

you may not pass your interest on to your heirs

three people are joint tenants owning real estate. one conveys his interest to his friend. After the conveyance, the first two are. . . .

joint tenants owning a two thirds interest. The new tenant becomes a tenant in common.

tenants by the entirity requires that. . .

the co-tenants must be husband and wife (or spouses)

cooperative

land and buildings owned by a corporation, which in turn leases space to its shareholders

condominiums

are a system of fee ownership of units in a multi unit structure

limited common elements

are common elements in a condo sub-division, which are limited to certain owners

tenancy in common

a type of co-ownership of real property, held by two or more persons where there is no right of survivorship


The ownership can be willed to heirs

severalty

sole ownership - think "severed", not several

proprietary lease

In a cooperative, a lease given by a corporation to its stockholders, to use and enjoy certain units or portions of the property

tenancy by the entirety

an estate held by husband and wife, limited to them by virtue of title acquired jointly after marriage with rights of survivorship

time-sharing

a system of part ownership of real property rights, coupled with a right of exclusive use of the property at specified intervals.

joint tenancy

a type of co-ownership of real property, held by two or more persons, with all co-owners being equally entitled to the use of the land and with the right of survivorship

the right of survivorship means

the surviving owner automatically absorbs a dying owner's share of the property. No owner can leave the estate to an heir



found in joint tenancy and tenancy by entirety

community property

property accumulated through joint efforts of husband and wife