• Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

Card Range To Study

through

image

Play button

image

Play button

image

Progress

1/490

Click to flip

Use LEFT and RIGHT arrow keys to navigate between flashcards;

Use UP and DOWN arrow keys to flip the card;

H to show hint;

A reads text to speech;

490 Cards in this Set

  • Front
  • Back

Ownership of personal property is transferred by

Bill of Sale

Property that is immovable is

Real Property

Something attached to real estate that transfers with it is an .

Appurtenance

A gift of private property to a public use is a

Dedication

The tearing away of land due to natural causes is

Erosion or Avulsion

Right of government to enact laws for the health, safety and welfare of the public is the

Police Power

The increase in land due to natural causes is

Accretion

The idea that no two parcels of real estate are identical defines the concept of

Heterogeneity

The process of changing the character of property from real to personal or personal to real is known as

Conversion.

. Crops or……the right of a tenant farmer to harvest crops after lease expiration:

Emblements

The rights of an owner along a river or stream are

Riparian Rights.

. Property that is movable is

Personal Property.

The AZ document that causes mobile homes to be taxed as real estate:

Affidavit of Affixture.

The government right to take private property for public use, with compensation is

Eminent Domain.

The act of taking property for public use:

Condemnation.

. The passing of property to the state due to a lack of heirs:

Escheat

. The amount of footage along a street is:

Front Footage

. An area set aside by municipal authorities for a specific type of use:

Zone

An area separating two incompatibly zoned areas from each other:

Buffer Zone

The minimum distance from the lot line at which building can occur:

Setback

A use which pre‐dates the zoning ordinance:

Non‐conforming Use

A use granted in violation of the zoning ordinance: Variance

Variance

A burden on the title is an:

Encumbrance

A limitation on property use created by an owner or developer:

Deed Restriction, Restrictive Covenant, CC&Rs

A right one person has in the land of another is an:

Easement

Easement held by one owner across an adjacent property:

Easement Appurtenant

. The parcel benefiting from an easement appurtenant:

Dominant Parcel

The parcel encumbered by an easement appurtenant:

Servient Parcel

. Easement held by a third party (not an adjoining owner):

Easement in Gross

. An easement personal is a form of:

License

. The two general involuntary liens are:

Judgments & Income Tax Liens

. When land held by a single owner is broken down into 2 or more parcels and one of theparcels is landlocked, the type of easement that could be created to allow access is:

Easement by Necessity

. An easement acquired through long, continuous and hostile use:

Prescriptive Easement

. Acquisition of ownership by hostile use of another’s property can occur by:

Adverse Possession

Three ways an easement may be terminated:

a. Merger b. Quit Claim Deed c. Quiet Title Action

The physical trespass of a building onto another property is:

Encroachment

. A money encumbrance is a

Lien

A lien placed on real estate by operation of law is:

Involuntary Lien

A lien placed on property with the owner’s permission:

Voluntary Lien

Liens that affect individual parcels of land are:

Specific Liens

Three specific, involuntary liens are:

a. Taxes b. Assessments c. Mechanic’s Liens

Liens that affect all of a person’s real & personal property:

General Liens

A lien placed by the government for specific improvements such as street paving orstreet lights is:

Assessment aka Special Assessment

. A legally enforceable agreement to do or not do certain things is a

Contract

The law that requires certain contracts to be in writing to be enforceable:

Statute of Frauds

. Persons who have legal capacity to enter into a contract:

Competent Parties

An invitation to enter into a contract is an:

Offer

The 6 essential elements of a contract are:

1.Competent parties


2. Consideration


3. Offer and acceptance (Meeting of the minds)


4. Lawful purpose (Lawful objective)


5. Be in writing (most real estate contracts)


6. Proper description of the property

A contract in which all the terms are specified:

Expressed contract

A contract created by a party’s actions is an

Implied contract

A contract which has been fully performed:

Executed contract

A contract in which all terms have yet to be performed:

Executory contract

. A contract in which each party makes a promise:

Bilateral contract

. A contract in which only one party makes a promise:

Unilateral contract

. A contract giving exclusive rights to buy or lease a property within a specific time for aspecific price and terms:

Option

A contract requiring one person to give another the initial opportunity to buy or lease aproperty is:

Right of First Refusal

. A contract which contains all the essential elements:

Valid contract

. A contract which has no force or effect on any party:

Void contract

. A contract which could be overturned by one or both parties:

Voidable contract

A contract that is worded so loosely or vaguely that it is unenforceable:

Illusory contract

A listing in which the broker will be paid only if she finds a buyer:

Open listing

An exclusive listing in which the seller reserves the right to find a buyer and not pay thebroker: Exclusive Agency listing

Exclusive Agency listing

A listing in which the seller pays the broker even if the seller finds a buyer:

Exclusive Right to Sell Listing

A listing in which the broker keeps a portion of the sales price above an amount agreedto by the seller:

Net listing

A listing in which the broker also has the right to buy the property:

Option listing

An employment contract in which the buyer hires the broker:

Buyer Brokerage Agreement

This law limits monopolies and prohibits price fixing:

Sherman Anti‐trust Act

Someone who has reached the age of majority is an

Adult

A relationship created when one person hires another to act on his or her behalf:

Agency

The person who hires an agent:

Principal or Client

The person hired to represent someone else:

Agent

. A person who is not represented:

Customer

The acronym for the 6 fiduciary duties is: C A R L O D or O L D C A R

C A R L O D

The 6 fiduciary Duties are:

a. Confidentiality


b. Accounting


c. Reasonable Skill and Care (Reasonable Care & Diligence)


d. Loyalty


e. Obedience


f. Disclosure

The fiduciary duty that prohibits an agent from disclosing a client’s motivation:

Confidentiality

The fiduciary duty that requires an agent to place the client’s interest above all otherinterests:

Loyalty

The duty that requires an agent to follow a client’s instructions:

Obedience

The duty that requires an agent to protect a client from foreseeable harm: ReasonableSkill & Care (Reasonable Care & Diligence)

Reasonable Skill & Care (Reasonable Care & Diligence)

The duty that requires an agent to keep a client fully informed:

Disclosure

An agency created through specific instructions to the agent:

Expressed agency

. An agency created through the acts of an agent:

Implied agency

A document in which a client authorizes an agent to act and sign documents on theclient’s behalf:

Power of Attorney

The person authorized to act under a power of attorney:

Attorney in Fact

An agent with limited authority:

Special agent (Specific agent)

. An agent with broad authority to act in various business matters:

General agent

. The type of agency that occurs when one agent represents two clients in the sametransaction:

Dual agency

A person who contracts his or her services to another but is not an employee:

Independent contractor

A person whose work can be controlled on an hour‐to‐hour basis by an employer:

Employee

An agent’s agent is a:

Sub‐agent

The 7 ways by which an agency may be terminated:

a. Performance


b. Mutual agreement


c. Expiration of term


d. Revocation by the principal or agent


e. Destruction of the property


f. Bankruptcy of the principal


g. Death or serious incapacity of principal or agent

Does death of either party terminate a lease or purchase agreement?

No

The three purposes of a purchase agreement are:

a. Copy of the offeror’s offer


b. Legally binding contract upon acceptance


c. Escrow instructions

An invitation to enter into a contract is an

offer.

The parties to an offer are the

offeror and offeree.

. When may an offeror withdraw the offer?

At any time.

_________ offers must be promptly submitted to an offeree.

All

When licensees purchases or sells a property for themselves they must disclose their

licensed status.

An offer made by an offeree in response to an offer is a

counter offer.

Any change to an offer is considered to be

a counter offer.

When any change is made to an offer the original offer is

null and void.

. The acceptance of an offer and communication of that acceptance to the offer results ina

binding contract.

Once a purchase agreement becomes binding the buyer is said to have

equitable title

. If a buyer or seller dies an executory purchase agreement is binding on the

heirs or estate.

. Money given by an offeror to show good faith is

earnest money

Earnest money is usually held by the

buyer’s broker.

. The amount of earnest money is

negotiable.

In an Arizona purchase agreement, the form of earnest money must be

stated in the agreement.

In Arizona, a salesperson must turn earnest money over to the broker

promptly.

In Arizona, unless otherwise agreed to____________ the broker must ___________ placeearnest money is a__________ or_______.

in writing, immediately , trust account, in escrow

Mixing a client’s funds with a broker’s business funds is

commingling

The use of a client’s funds for the agent’s own use is

conversion

Any provision dictating that a contract is dependent on the happening of a certain eventis a

contingency

. A provision which makes a contract contingent upon the buyer obtaining financing iscalled a

mortgage contingency.

. Evidence of termite damage could be ______________ or _______________

rotted wood or cellulose debris.

. A neutral third party hired to close a transaction is

escrow.

When there is a conflict between any pre‐printed wording and wording written into acontract the ______________ prevails.

written word

An apportionment of funds between the parties for unpaid or pre‐paid items such astaxes, insurance or interest is a

proration

The phrase that specifies the importance of completing the terms of a contract on atimely basis is

“time is of the essence.”

The evidence to a buyer that the title is clear is a

title insurance policy.

An amount that was pre‐determined by the parties to be the total amount ofcompensation an injured party will receive if the other party breaches the contract isknown as

liquidated damages.

. A court order given to enforce the provisions of a contract is

specific performance.

. The risk of loss to a property prior to closing is born by the

seller.

Latin for “let the buyer beware” is

caveat emptor.

Making overstatements of personal opinion is

puffing.

A false statement of a material fact which a party relies on to the party’s damage is a

misrepresentation (aka) negligent misrepresentation.

When a misrepresentation is intentional it is known as

fraudulent misrepresentation.

. Real estate malpractice insurance is known as

errors & omissions insurance.

The legal remedy of canceling a contract and returning the parties to their originalpositions prior to entering into the contract is

rescission.

Using borrowed money to increase the rate of return is

leverage.

The document that serves as evidence of the debt is the

promissory note.

A promissory note________ usually recorded.

IS NOT

The document that ________________real property as security for a debt is the________ or_______________________.

hypothecates, mortgage, deed of trust.

The mortgage or deed of trust is usually recorded to establish ____________of the lien

priority

The document the names the property as collateral and includes the legal description isthe _________________ or ______________________.

mortgage or deed of trust.

A loan in which the monthly payment of principal and interest is level and constant is a

fully amortized loan.

The amount of money that is borrowed is the

principal.

The charge made to borrow money is the

interest.

Interest on real estate loans is usually __________ interest.

simple

When one payment on a loan (usually at the end of the loan term) is larger than theregular monthly payment it is known as a

balloon payment.

A loan in which the payment includes principal, interest, taxes and insurance is knownas a

budget loan.

In a budget loan the taxes and insurance a held in an __________account, aka a _________ account or _____________account.

escrow


reserve


impound

A loan in which the payments are interest only is a ________, aka a __________.

straight loan, term loan

A loan in which the payment does not even cover the interest due and which causes theprincipal balance to increase is a

negative amortization loan.

The pattern of payments (payment, interest rate, etc.) are found in the

promissory note.

Payments on real estate loans are made

IN ARREARS

An FHA loan is insured by the

Federal Housing Administration.

A VA loan is guaranteed by the

Department of Veterans Affairs.

A loan made with no government insurance or guarantee is a

conventional loan.

A loan in which the seller is the lender is a

purchase money loan aka a seller carryback.

A seller carryback loan in which a seller remains liable for an existing loan is a

wraparound loan.

A loan in which the interest rate may change is an

adjustable rate loan.

A loan in which the payments are lower in the early years and larger in later years is a

graduated payment loan.

A loan secured with more than one property is a

blanket loan.

. A loan that includes personal property such as a washer and dryer is a

package loan.

A loan which allows a borrower to borrow more money within the same loan is an

open end loan.

A loan in which funds are advanced as building progresses is a

construction loan, aka interim loan.

The normal, long term financing that pays off a construction loan is a

take‐out loan.

A short term loan that fills the gap between the time a construction loan expires and atake‐out loan is placed is

a gap loan, aka swing loan or bridge loan.

. A loan in which the lender makes payments to the borrower is a

reverse annuity loan.

A loan with higher priority than another loan is a

superior loan.

A loan with lower priority than another loan is a

junior loan.

A loan in which the borrower has no personal liability for the debt is a

non‐recourse loan.

A loan clause that allows the lender to declare the debt all due and payable is an

acceleration clause.

A clause that allows the lender to declare the loan all due and payable is the property issold is an

alienation clause aka due on sale clause.

A clause that allows a lender to make an extra charge if the loan is paid off early

is a pre‐payment penalty clause.

A clause in a mortgage that states the mortgage is null and void when the note is paidoff is a

defeasance clause.

A clause calling for individual parcels to be released from a blanket loan is a

release clause

A clause which calls for a higher priority loan to be placed in a lower priority position toanother loan is

a subordination clause

Charging more than the lawful rate of interest is known as

usury.

The interest rate that is specified in the note is known as the

Contract rate aka the nominal rate or the face rate.

The rate that would apply when no specific rate is stated in the note is known as

the legal rate.

FHA stands for the

Federal Housing Administration.

In an FHA loan the lender is

insured against loss.

The FHA is regulated by

HUD, the Department of Housing & Urban Development.

A borrower on an FHA loan pays a -__________, ____________ the lender against loss.

MIP to insure

An FHA appraisal is also known as a

Conditional Commitment.

The requirement for an FHA loan that unless the appraisal is equal to or greater than the sale price thebuyer may withdraw from the agreement is known as the

FHA Escape Clause or FHA Amendatory Clause.

FHA loans are for _____________ family units.

one to four

. FHA loans are for ________________ properties.

owner occupied

FHA loans _________ have pre‐payment penalties.

do not

VA stands for the

Department of Veteran’s Affairs

. In a VA loan the lender is_____________against loss.

guaranteed

The document issued by the VA stating that the veteran qualifies and the amount of the veteran’sguarantee or entitlement is a

Certificate of Eligibility.

. When a VA loan is paid off the veteran’s eligibility is

restored.

At the time of VA loan origination the veteran must pay a

VA Funding Fee.

A VA appraisal is also known as a

Certificate of Reasonable Value, CRV.

The typical amount of down payment on a VA loan is

nothing down.

. The typical loan‐to‐value ratio on a VA loan is ____%

100%

. VA loans are for____________properties.

owner‐occupied

VA loans ______ pre‐payment penalties.

Do Not Have

. A loan with no FHA insurance or VA guarantee is known as a

conventional loan

An uninsured conventional loan typically requires the down payment to be____% of the purchase price.

20

. On an insured conventional loan the insurance premium is abbreviated ____ or _______.

MI or PMI.

. Making false statements to obtain a loan is

loan fraud.

. Three ways in which loan fraud could occur are:

1. Falsifying income or assets


2. Providing gift letters from a private party when it is actually a loan


3. Causing a lender to incur a higher loss than would have occurred if the lender had known all facts relating to a short sale.

An amount charged by a lender to increase the lender’s yield and/or lower the borrower’s interest rateis known as

discount points

One discount point is equal to __% of the loan in dollars.

1

A charge made by a lender to offset the cost of originating a loan is an

origination fee.

Discount points are always based on the

loan amount.

When a buyer takes over payments and liability for an existing loan it is an

assumption.

The process of re‐writing an existing loan, substituting a new borrower and releasing the formerborrower of liability is

novation

. A document given by a lender to a buyer who is assuming an existing loan to verify the loan terms is a

reduction certificate aka assumption letter.

. The market place where loans are originated is the

primary market.

The market place where loans are bought and sold is the

secondary market.

. The gathering together of loans to be sold in the secondary market is

warehousing.

. The process of selling a loan to another lender is

assignment.

A document executed by a borrower to certify the terms of a loan when a loan is sold to anotherlender is an

estoppel certificate.

A company to whom a borrower makes payments and who processes the payments on behalf of theowner is a

loan servicer.

. FNMA is the

Federal National Mortgage Association.

. FHLMC is known as

Federal Home Loan Mortgage Corporation or Freddie Mac.

. The purpose of Fannie Mae and Freddie Mac is to ________________ in the secondary market.

buy and sell

GNMA is the

Government National Mortgage Association.

The federal agency that administers and enforces many laws relating to financing is the

Consumer Financial Protection Bureau, abbreviated CFPB.

The federal law that requires lenders to disclose all the terms of obtaining a consumer loan is_______________ abbreviated as _________ aka ________________________

Truth in Lending Law abbreviated as TILA aka Regulation Z.

. If _____________ terms are used in advertising a loan, full disclosure of all terms must be made.

trigger

Advertising only the ________ is not considered to be a trigger term.

APR

A borrower has a three day right to rescind a loan on what type of a loan? __________________

Refinance of apersonal residence.

The federal law that requires disclosure of closing costs on a real estate loan is the________________________________________, abbreviated as _________________

Real EstateSettlement and Procedures Act, abbreviated as RESPA.

Under RESPA a Loan Estimate must be given to the borrower within

3 business days of loan application.

RESPA requires that a borrower be given a publication that explains

closing costs.

Under RESPA, a borrower must be given a final accounting of the transaction through thedocument known as CFPB’s __________formerly known as the_______________

Closing Disclosure


HUD‐1 Settlement Statement.

A borrower has the right to inspect the Closing Disclosure at least

3 days prior to closing.

RESPA applies to 1‐4 family properties financed with a

federally related loan.

. RESPA does not apply to____________ loans.

seller carry‐back

RESPA prohibits loan servicers form holding excess money in

escrow accounts (impound accounts).

RESPA requires disclosure of AfBAs which stands for

Affiliated Business Arrangements.

. RESPA prohibits kickbacks or unearned fees from

settlement service providers.

Under RESPA a seller cannot require a buyer to use a specific

title insurance company.

The federal law that protects the public from the reporting of inaccurate credit information isthe

Fair Credit Reporting Act (FRCA).

Under the _________________ consumers have the right to review their credit reports andcorrect inaccurate information

Fair Credit Reporting Act

. The federal law that prohibits discrimination in the extension of credit is the

Equal Credit Opportunity Act (ECOA).

The federal law that prohibits discrimination against disabled persons by requiring equal accessto public accommodations such as parking spaces and restrooms in commercial buildings is the

Americans with Disabilities Act (ADA).

The federal law that regulates the sale of land across state lines is the

Interstate Land Sales Full Disclosure Act.

The federal registry that prohibits telemarketers from making certain types of phone calls isknown as the

Do Not Call Registry.

Registration of a phone number in the Do Not Call Registry lasts

indefinitely

The penalty for violating the Do Not Call laws can be as high as_________ dollars per call.

16,000

The federal laws that prohibit discrimination in the sale, rental, advertising and financing ofhousing is the

Fair Housing Act of 1968 & Fair Housing Amendments Act of1988.

The seven classes of people protected by the Federal Fair Housing Laws are:

a. Race


b. Color


c. Religion (Creed)


d.. National Origin


e. Sex (Gender)


f. Handicapped Status (Disability)


g. Familial Status



The law created in the 1800’s that prohibits discrimination based on race or color is the

Civil Rights Act of 1866.

Denying that housing is available for sale or rent or channeling prospects to or away fromcertain areas is known as

Steering.

. Encouraging owners to sell their homes because minorities are moving into the neighborhood isknown as

Blockbusting aka Panic Pedaling.

Discriminating by altering the terms of a loan or insurance policy because the property islocated in a certain area is known as

Redlining.

Although there are four exemptions in the 1968 law, fair housing laws always apply in the saleor rental of a home if a _____________ is involved in the transaction.

real estate agent

There are no exemptions in the

Civil Rights Act of 1866.

. Under the Familial Status provisions the two exemptions for older persons include:

a. A property in which all of the residents are at least 62 years old.


b. At least 80% of the households has one person who is has minimum age of 55 years.

Every residential real estate office must display the

fair housing poster.

. In advertising residential property for sale or rent, photos or illustrations should represent a

a cross section of the entire population.

A person who experiences discrimination may file a complaint with HUD within

one year.

HUD must attempt to _________________ the dispute.

conciliate (reconcile)

. A person who experiences discrimination may take action in federal court within

two years.

The maximum penalties for violating the Federal Fair Housing laws are___________ dollars for thefirst time violation and___________ dollars for subsequent violations

50,000


100,000

Complaints under the Civil Rights of 1866 must be resolved in

federal court.

. An ____________is an estimate or opinion of value.

appraisal

The four major elements of value are:

DUST


a. Demand


b. Utility


c. Scarcity


d. Transferability

The amount a willing buyer will pay and a willing seller will accept is defined as

Market Value

A transaction in which the parties are dealing from equal bargaining positions is knownas an

“Arm’s Length” transaction.

. The actual amount of money given in a transaction is

Market Price.

. The amount of money required to build a building at current prices is

Cost.

The principal of______________ states that value is affected by the scarcity of aproduct and the desire for that product.

Supply & Demand

The use of a property that produces the highest net return is the

Highest & Best Use.

Land that is not needed to accomplish the highest and best use is

Excess Land.

The principal of Substitution states that the most a person will pay for a product is setby what it costs to buy a

reasonable duplicate.

That value will tend to be more stable in an area where there is a reasonable degree ofsimilarity of property types is a statement of the principal of

Conformity.

The principle of _________holds that the presence of lesser properties will adverselyaffect the value of greater properties.

Regression

The principle of _____________holds that the value of a component part is determined byhow much that part adds to or detracts from the value of the whole.

Contribution

The fact that values do not remain constant is a statement of the principle of

Change.

The principle of ___________holds that excess profits will breed competitors which willthen reduce profits

Competition

The fact that value is affected by the anticipation of future events is a statement of theprinciple of

Anticipation.

An increase in value for any reason is defined as .

Appreciation

______________is an increase in value due to the owner’s efforts.

Earned Increment

_________________ is an increase in value due to no effort by the owner.

Unearned Increment

An increase in value created by joining smaller parcels into one larger parcel is

Plottage aka Assemblage.

A decrease in value for any reason is

Depreciation

A loss in value due to physical wear and tear is

Deterioration

A loss in value due to outdated features such as an old bathroom or kitchen is defined as

Functional Obsolescence.

. A loss in value created by technological advances is defined as

Functional Obsolescence.

A loss in value created by a poor floor plan is .

Functional Obsolescence

. When it is economically feasible to fix a defect that defect is said to be .

Curable

When it is not economically feasible to fix a defect it is

Incurable.

A loss in value that results from conditions outside the property is defined as

Economic Obsolescence aka External Obsolescence

. The three appraisal approaches are:

a. Comparison aka Market Data


b. Cost aka Summation


c. Income aka Capitalization

Estimating the value of a property by comparing the subject property to similarproperties that have recently sold is the _____________approach.

Comparison

. In the comparison approach an appraiser should use comparable properties that weresold

“at arm’s length”.

. A minimum of __________ comparables should be used when using the market dataapproach.

Three

In the comparison approach, adjustments are often made to bring the _________ properties in line with the ________ property.

Comparable, Subject

The property with the __________ adjustments is the most comparable.

Fewest

Write the math formula used to estimate value by the cost approach.

Replacement Cost


‐ Depreciation


+ Land Value


________________________


= Appraised Value

. The cost to build a reasonable duplicate of a building at today’s prices is the

Replacement Cost.

The cost to build an exact duplicate of a building at today’s prices is the

Reproduction Cost.

In the cost approach the land value is most often estimated by using the __________ approach.

Comparison

The _______________ is determined by measuring the exterior dimensionsof the exterior walls of a building.

Square Footage of Living Area

The process of converting income to value is called

Capitalization.

The _____________is the period of time over which a property will produce income andbe economically beneficial to the owner.

Economic Life

The formula for calculating the net income is:

Gross Income


‐ Operating Expenses


___________________


= Net Income

The rate of return that an investor desires and by which net income is converted tovalue is the

Capitalization Rate (Cap Rate).

5. The cap rate is a reflection of an investment’s

Risk.

The memory circle formula for the income approach to value is:

Net Income


_____________________


Value | Cap Rate




or Net Income = Value X Cap Rate

Using the IRV formula:

Value = Net Income divided by Cap Rate

Using the IRV formula:

Cap Rate = Net Income divided by Value

Using the IRV formula:

Income = Value times Cap Rate

. GRM stands for

Gross Rent Multiplier

The formula for calculating value using a GRM is:

Value = Rent (Gross Income) x GRM

The formula for calculating a GRM from a comparable sale is:

GRM = Sale Price (of comparable) ÷ Rent (of comparable)

The process of bringing appraisal data together to arrive at a final estimate of value isknown as .

Reconciliation

Arizona real estate agents may prepare property evaluations for a fee but may not callthe evaluation an

Appraisal.

The federal government agency that regulates environmental issues is the

Environmental Protection Agency (EPA).

The Arizona state agency that regulates environmental issues is the

Arizona Department of Environmental Quality (ADEQ).

. The Arizona state agency that regulates water law is the

Arizona Department of Water Resources (ADWR).

The Arizona Commissioner’s Rules require ____________of environmental problems

Disclosure

. A toxic substance found in the paint of buildings constructed prior to 1978 is

Lead.

Buyers and lessees of pre 1978 buildings must be given copies of _____________ and ____________________.

Reports and a Lead Paint Booklet.

Buyers of pre 1978 buildings must be given the right to _______the property prior tobecoming ________under the purchase contract.

Inspect , Obligated

A naturally occurring gas that is known to cause lung cancer is

Radon.

. ____________is a fiber that can cause respiratory diseases.

Asbestos

Asbestos in buildings is dangerous when it becomes

Friable.

The most common method of abating asbestos is

Encapsulation.

. Mold is often caused by____________in buildings.

Excess Moisture

______________ can allow mold to thrive.

. Airtight Window

The general process of investigating a property to determine is hazardous substancesexist is

Discovery aka Due Diligence.

. The process of inspecting a property, reviewing public records and interviewing formerowners and tenants to determine if contamination exists is a

Phase 1 Assessment.

. The process of taking and analyzing soil samples to determine if contamination exists isa

Phase II Assessment.

CERCLA stands for the

Comprehensive Environmental Response, Compensation & Liability Act.

CERCLA created

Superfunds.

. WQARF stands for

Water Quality Assurance Revolving Fund.

All ___________ owners may be liable for environmental cleanup.

Current and Former

The flat portion of land located along rivers and streams that often subject to flooding isa

Floodplain

The federal agency that has created floodplain maps is

Federal Emergency Management Agency (FEMA).

. Land areas where ground water is at or near the surface so as to produce a watery plantcommunity is a

Wetland.

. In Arizona, the ___________is required to have a septic tank or other on‐site waste waterfacility inspected within _________of transferring a property.

Seller


6 Months

The __________of the property must complete the waste water facility “Notice of Transfer”within____________of purchase.

Buyer




15 days

The degree, quantity, nature or extent of interest that a person holds in real property isan

Estate

The two main categories of estates in real property are

Freehold Estates aka Ownership


Less than Freehold aka Leasehold Estates.

The highest form of real property ownership is

Fee Simple Absolute aka Fee Simple

. The most common form of real property ownership is

Fee Simple.

If a fee simple estate has restrictions that limit the property’s use it is defined as a

Defeasible Fee Simple Estate aka Fee Simple on Condition Subsequent.

An ownership interest that may NOT be willed to heirs is a

Life Estate.

. The holder of a life estate is referred to as the

Life Tenant.

Deliberate damage to a property by an owner or renter is called

Waste.

The grantor of a life estate who will receive the granted interest at some time in thefuture holds an___________ and is a ___________

Estate in Reversion


Reverter.

A person who was not the grantor of a life estate who will receive a greater interest atsome future time holds an _____________and is a ______________

Estate in Remainder and is a Remainder Person.


. A person who holds a life estate that is dependent on someone else’s life is a

Tenant Pur Autre Vie

The right to possess the property of another is a

Leasehold Estate.

. Another name for a lease is a

Demise.

The parties to a lease are the

Lessor (Landlord) and Lessee (Tenant).

A lease in which there is a specific ending date is an

Estate for Years.

. Notice to terminate is NOT required in an

Estate for Years.

A lease that has no ending date but renews periodically is .

Periodic Tenancy aka Estate from Period to Period aka Month to Month Tenancy

. A leasehold interest that has no specific time and may be terminated at any time byeither party is an

Estate at Will.

When a lease has expired but the tenant is holding over wrongfully it is defined as an

Estate at Sufferance.

. A lease in which the landlord pays all expenses is a

Gross Lease.

A lease in which the tenant pays the expenses is a

Net lease.

. A net lease is sometimes called a

Triple Net Lease aka Net, Net, Net Lease.

. The expense that a landlord retains in a net lease is the

Mortgage Payment.

A lease in which the rent is a percentage of the tenant’s gross income is a

Percentage Lease

. A lease in which the tenant rents only the land is a

Ground Lease.

. A lease in which the tenant was the former owner is a

Sale Lease‐Back.

A lease in which the rent increases or decreases at specified times is a

Graded Lease aka Graduated Lease.

. The clause in a graduated lease stating the increases in rent is an

Escalator Clause.

A lease in which the rent is tied to consumer prices or inflation is an

Index Lease.

. A lease in which the tenant has the right to buy or re‐lease the property is a

Lease‐ Option

A lease with a sub‐lease is called a

Sandwich Lease.

. A lease in which the tenant is a nationally recognized company is an

Anchor Lease.

. A lease in which the tenant is a shareholder in a cooperative is a

Proprietary Lease.

Mutual agreement to terminate a lease is called

Surrender and Acceptance.

The clause in a lease which calls for lease termination should the property be takenunder eminent domain is a

Condemnation Clause.

If a tenant breaches some lease terms and the landlord forces the tenant out it is calledan

Actual Eviction.

The legal term for the eviction process is

Forcible Entry & Detainer Action aka Ejectment

If a landlord breaches lease terms resulting in the property becoming uninhabitable andcausing the tenant to terminate the lease it is referred to as

Constructive Eviction.

Death of the landlord or tenant

Does Not terminate the lease.

Sale of a leased property

Does Not terminate the lease.

The two rights that a landlord has under a lease are the

right to Receive Rent and the right of Reversion.

A tenant’s right to protection from any claim against the leasehold interest is the

right of Quiet Enjoyment.

. Personal property of a tenant used in the tenant’s business are

Trade Fixtures.

The three ways in which property ownership is transferred are:

a. Inheritance


b. Involuntary Alienation


c. Voluntary Alienation

The court that oversees the distribution of a deceased person’s property is

Probate.

When a person dies with a will he/she is said to have died

Testate.

. When a person dies without a will he/she is said to have died

Intestate

The person named in a will to carry out the decedent’s wishes is an

Executor.

A person appointed by the court to oversee the distribution of a deceased person’sestate is an

Administrator.

Will that is completely handwritten is a

Holographic Will.

. An oral will is a

Nuncupative Will.

A gift of real property through a will is a

Devise.

. When an heir inherits real property from a person who died intestate the heir is said tohave acquired title by

Descent.

. A gift of personal property through a will is a

Bequest aka Legacy

. The forced transfer of real property is defined as

Involuntary Alienation.

Three ways in which a property may be transferred involuntarily are:

a. Eminent Domain


b. Foreclosure


c. Adverse Possession

An uncoerced transfer of real estate is defined as

Voluntary Alienation

Ownership of property by one person is defined as

Severalty Ownership aka Sole & Separate Ownership.

When a person who owned property in severalty dies that person’s estate is distributedthrough

Probate

Shared ownership by two or more persons who have created the right of survivorship is

Joint Tenancy aka Joint Tenancy with Rights of Survivorship (JTWRS).

Creating the automatic right of survivorship in a property ownership means that uponthe death of one person, that person’s interest goes to

Surviving Tenants without Probate.

. The four unities of joint tenancy can be abbreviated__________ which stands for:

TTIP


a. Time


b. Title


c. Interest


d. Possession

Corporations, LLCs and other legal entities cannot take title as JTWRS because they

Don’t Die.

A joint tenant (may/may not) convey his/her interest without the permission of the other jointtenants.

MAY

If two people own as joint tenants and one transfers his/her interest to another partythe joint tenancy is _________ and the third party is a ____________ with the otherowner.

Broken


Tenant in Common

. In Arizona, real property acquired by a married couple is considered to be

Community Property.

In order to sell community real property______________ must sign the deed

Both Spouses

If property was held as community property, at the death of one spouse his/her interestpasses to

The Deceased Spouse’s Heirs.

The type of community property ownership that allows a deceased spouses interest topass automatically to the surviving spouse without probate is

Community Property with Rights of Survivorship (CPWRS).

Ownership of property by two or more legal or natural persons, which does not havethe right of survivorship is

Tenancy in Common.

Although the four unities required for joint tenancy may be present, the only unity ofownership required for tenancy in common is

Possession.

. Advising buyers on how they should take title to property could be considered to be the

Illegal Practice of Law.

. A court action brought to terminate a tenancy in common or joint tenancy is known as

Suit for Partition.

A type of ownership between spouses that does not exist in Arizona and has theautomatic right of survivorship is

Tenancy by the Entireties.

2. In a ________________ all partners have full liability.

General Partnership

In a____________________ only general partners have full liability

Limited Partnership

. The sale of securities is regulated by

Blue Sky Laws.

. If a real estate agent wants to sell interests in limited partnerships or limited liabilitycompanies the agent would probably need a

Securities License.

In a ____________ the owner has individual fee simple ownership of a unit plus sharedownership of common areas.

Condominium

In a _____________the owner owns shares in the entity that owns the real estate and ___________ the living unit from the entity.

Cooperative


Leases (Rents)



. In a ___________________ the owner pays property taxes on his/her unit.

Condominium

The rules governing a condominium are found in the

Bylaws.

The leases used in cooperative apartments are known as

Proprietary leases.

The document that transfers ownership of real property is a

Deed.

. The parties to a deed are the

Grantor and Grantee.

The four types of deeds of conveyance used in Arizona are:

a. Warranty Deed (General Warranty Deed)


b. Special Warranty Deed


c. Bargain & Sale Deed


d. Quit Claim Deed

The differences in the types of deeds is in the ________________ given by the grantor to thegrantee.

Warranties

The deed that warrants the title against all claims is the

Warranty Deed.

The deed that protects the grantee against all claims arising out of the grantor’s acts is the

Special Warranty Deed.

The deed that contains no expressed warranty but has the implied warranty that thegrantor has the authority to convey title is the

Bargain & Sale Deed.

The deed that provides no warranties whatsoever is the

Quit Claim Deed.

The instrument that originally conveys title from government ownership to privateownership is a

Patent (Land Patent).

. A deed that specifies who will receive ownership of the property when the grantor diesis a

Beneficiary Deed.

. A beneficiary deed takes effect when the

Grantor Dies

A document signed by a spouse to indicate that the spouse has no interest in theproperty is a

Disclaimer Deed.

The covenant in a deed that provides assurance that the grantor is the owner and haspower to convey title is the

Covenant of Seizen.

. The covenant in a deed that assures the grantee that there are no undisclosed encumbrances on the property is the

Covenant Against Encumbrances.

The covenant in a deed that assures the grantee that the grantee’s use will not be disturbed due to title defects is the

Covenant of Quiet Enjoyment.

The covenant in a deed that requires the grantor to correct title defects of defects in the deed itself is the

Covenant of Further Assurances.

. The covenant in a deed by which the grantor promises to compensate the grantee forlosses if the title is faulty is the

Covenant of Warranty Forever.

. The clause in a deed that includes the words of conveyance is the

Granting Clause.

The clause in a deed that defines the interest being transferred is the

Habendum Clause aka Have and To Hold Clause.

The clause in a deed by which the grantor may hold back some interest and which notes all the exceptions to clear title such as liens and encumbrances is the

Reservation and Exception Clause

The clause in a deed stating the date signed and by whom it was signed is the

Testimonium Clause aka Witness Clause.

The three requirements for a deed to be valid are:

a. Signed by the Grantor (Signed)


b. Acknowledged by the Grantor (Sealed)


c. Delivery to and Acceptance by the Grantee (Delivered)

An acknowledgement is also called a

Notarization.

A deed (is/is not) required to be recorded.

IS NOT

Recording a document gives ____________ to the world.

Constructive Notice

Notice obtained from an inspection of the property or by being given knowledge of a fact is

Actual Notice.

. In Arizona, the document that must accompany a deed in order for the deed to be recorded is an

Affidavit of Value.

. The purpose of an Affidavit of Value is to inform the _____________ as to the ____________.

Assessor as to the Sales Price.

An Affidavit of value must be signed by the

Buyer and Seller

Title that is without cloud or defect is

Marketable Title (Merchantable Title or Clear Title)

The complete history of a parcel of real estate is the

Chain of Title.

A summary of the chain of title is an

Abstract of Title.

A court action to remove claims against title is a

Quiet Title Action.

A standard owner’s title insurance policy protects the buyer against defects that could be determined by an inspection of the

Public Records.

The page of a title insurance policy that lists the items that are not covered by the policyis the

Page of Exceptions aka Schedule B.

The ALTA Title Policy protects the

Lender (Mortgagee)

The ALTA Policy insures against defects that could be determined by an inspection ofthe public records and defects discovered by

Actual Notice (inspecting the property).

Generally, no title insurance policy protects against:

a. Zoning Ordinances


b. Existing Encumbrances of Record Disclosed in the Title Report


c. Defects known to the insured

A set of public records maintained by a title insurance company is known as a

Title Plant

The document that is issued to a buyer prior to closing that discloses the condition ofthe title is a

Preliminary Title Report aka Commitment for Title Insurance.

The substitution of a third person in place of another in relation to a claim or debt is

Subrogation.

The body of law that governs the transfer and financing of personal property is the

Uniform Commercial Code.

The document that is used to secure a lien with personal property is a

Security Agreement.

. In the sale of a business with inventory or trade fixtures, the seller must provide thebuyer with a________________ which lists all the seller’s creditors.

Bulk Sales Affidavit

A complete detailed statement showing all receipts and disbursements for a transaction andrequired by the CFPB is a

Closing Disclosure formerly known as the HUD‐1 Settlement Statement.

A proportional division or distribution of monies between buyers and sellers or landlords andtenants is a

Proration.

. When prorating items in Arizona, the ________, or in a lease the ___________is the person usuallyresponsible to pay for items for the day of closing.

Buyer, Tenant

When prorating, items paid in arrears (that have not been paid) are a ___________ to theseller and a ___________to the buyer.

Charge (Debit)


Credit

When prorating, items paid in advance (that have been prepaid) are a ________to the seller and a___________ to the buyer.

Credit


Charge (Debit)

Unless negotiated differently, closing costs on a loan are usually paid by the

Buyer (Borrower).

The owner’s title insurance policy is usually paid for by the

Seller.

On a closing statement, earnest money that had been deposited in escrow will appear as a

Credit to the Buyer.

On a closing statement, a new loan will appear as a

Credit to the Buyer.

On a closing statement, a seller carryback loan will appear as a credit to the ___________and a debit to ________________

Credit to the Buyer and a debit to Charge to the Seller.

On a closing statement, a loan payoff will appear as a

Charge to the Seller.

On a closing statement for sale of a leased property, rents that have been pre‐paid by thetenant will be a ___________to the seller and a __________ to the buyer.

Charge (Debit) to the seller and a Credit to the buyer.



On a closing statement for sale of a leased property, security deposits that have been paid bythe tenant will be

transferred to the buyer in full.

. On a closing statement, taxes will be prorated as a_______ to the seller and a ___________tothe buyer.

Charge (Debit) to the seller and a Credit to the buyer.

On a closing statement, taxes that have been pre‐paid by the seller will be prorated as a ______to the seller and a__________ to the buyer.

Credit to the seller and a Charge (Debit) to the buyer.

On a closing statement, items such as fuel oil or propane gas that have been paid for by theseller will be prorated as a __________to the seller and a_____________ to the buyer.

Credit to the seller and a Charge (Debit) to the buyer.

On a closing statement, if the seller has not paid for water charges that will be billed to theproperty owner after closing, it will be prorated as a __________to the Seller and a __________________to theBuyer.

debit to the Seller and a credit to the Buyer.

. If a tenant takes possession of a rental on September 11th, and the next month’s rent will bedue on October 1st, the tenant will be charged for _______ rent through the end of September.

20 days

. The projected income on an investment property as if the property was 100% occupied is the

Gross Scheduled Income.

. If rent was uncollectable by a landlord it is considered to be a

Credit Loss.

The actual income a rental property produces is

Effective Gross Income aka Gross Operating Income.

. Expenses incurred in running an income property are defined as

Operating Expenses.

The income remaining after operating expenses are deducted from the effective gross incomeis the

Net Operating Income.

The principal and interest paid on a loan are defined as the_____________ on an incomeproperty

Debt Service

The amount remaining after paying all operating expenses and debt service is defined as the

Cash Flow Before Income Tax.

The two items related to owner‐occupied property that may be taken as a tax deduction are

Mortgage Interest and Property Taxes.

in the sale of a personal residence the maximum amount of capital gain that, under certaincircumstances, may not be taxed is ________ for a single person and_______ for a marriedcouple filing jointly

$250,000,


$500,000

For owners of income property the three items that are eligible for deductions on the owner’stax return are:

Mortgage Interest,


Property Taxes and


Cost Recovery (Depreciation)

Cost recovery may not be taken as an income tax deduction on

Land or a Personal Residence

The period over which an income producing property may be depreciated for tax purposes isknown as the

Recovery Period.

. Residential income property may be depreciated over a recovery period of

27.5 years.

. Non‐residential income property may be depreciated over a recovery period of

39 years.

When the allowable annual depreciation is the same amount each year, the depreciation isclassified as

Straight Line Depreciation.