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38 Cards in this Set

  • Front
  • Back

5 Categories of Real Property

1. Residential


2. Commercial


3. Industrial


4. Agricultural


5. Special Purpose

Factors That Affect the Supply of Real Estate

Labor Force


Construction Costs


Government Controls


Government Financial Policies

Factors That Affect the Demand of Real Estate

Population


Demographics


Employment and Wage Levels

Land, Real Estate & Real Property

Land: No Improvements



Real Estate: Land with Improvements



Real Property: Land with Improvements plus Rights

Bundle of Legal Rights

Right of Possession


Right to Control the Property


Right of Enjoyment (use as owner wishes)


Right of Exclusion (to keep others from entering or using property)


Right to Diposition (to sell, will, transfer or otherwise dispose of or encumber the property)

Chattels

Items of personal property such as chairs, tables, clothing, money, bonds and bank accounts.

Personal Property

Personalty

Manufactured Housing

Dwellings that are built off site and trucked to a building lot where they are installed or assembled.

Emblements

Annually cultivated crops such as wheat, corn, vegetables and fruit.

Real Property

Conveyed by deed

Personal Property

Conveyed by bill of sale

Trade Fixture (Chattel Fixture)

An article owned by a tenant and attached to a rented space or building or used in conducting business

Accession

Trade fixtures that are not removed become the real property of the landlord

Attachment

Personal property that turns into real property

Economic Characteristics of Real Estate

Scarcity


Location


Improvements


Permanence of Investment

Physical Characteristics of Real Estate

Immobility


Indestructibility


Uniqueness


Seven Sources of Law

U.S. Constitution


Laws passed by Congress


Rules of the regulatory agencies


State constitutions


State statutes


Local ordinances


Common Law

Types of Housing

Apartment Complexes


Condominiums


Cooperative


Planned Unit Developments (PUDs)


Retirement Communities


Highrise Developments (MUDs)


Converted Use Properties


Manufactures Housing


Modular Homes


Time-Shares

Basic Costs of Owning a Home

PITI



Principal


Interest


Taxes


Insurance

Current market value - property debt =

Equity

Basic form policy

fire and lightning; glass breakage; windstorm and hail; explosion; riot and civil commotion; damage by aircraft; damage by aircraft; damage from vehicles; damage from smoke; vandalism and malicious mischief; theft; and loss of property removed from the premises when it is endangered by fire or other perils.

Coinsurance Clause

This provision requires that the owner of the policy maintain insurance equal to a specified percentage (usually 80%) of the replacement cost of the dwelling (not including the price of the land)

An agent works for the___________

client

An agent works with the____________

customer

Common-law fiduciary duties

COLD AC



Care


Obedience


Loyalty


Disclosure


Accounting


Confidentiality

Brokerage agreement

Is an agreement for an agent or firm to provide brokerage services to a consumer and to receive compensation for providing those services.



In Illinois - any exclusive brokerage agreement must be in writing.

Puffing

Generalized, vague exaggerations of a property's benefits.

Fraud

The intentional misrepresentation of material fact as to harm or take advantage of another person.

Latent Defect

A structural defect that would not normally be uncovered over the course of an ordinary inspection (due to the placement or type of defect)

Express Agency

A formal agreement between the parties

Implied Agency

Agreement as a result of the parties' behaviors

Express Contract (Express Agreement)

Parties formally express their intention to establish an agency relationship and state its terms and conditions

Listing Agreement

An agency relationship between a seller and a sponsoring broker is generally created by a written employment contract.

General Agent

Represents the principal generally

Special Agent

Represents the principal only for a specific act, such as selling a house.

Designated Agent

Is a person authorized by the sponsoring broker to act as the agent of a specific principal.



(Julie acting as buyer agent for Ed, Brandon's buyer)

Antitrust violations include

price-fixing


group boycotting


allocation of customers


allocation of markets


tie-in agreements

Price-fixing

The practice of setting prices for products or services rather than letting competition in the open market establish those prices.