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65 Cards in this Set

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  • Back
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Carry over provision/ protection period

Extends seller obligation to pay commission after listing expires

Net listing

Commission whatever broker can get over set price seller requests

It is illegal

Open listing

List with multiple brokers simultaneously

Caveat emptor

Buyer beware, law charges buyer with duty to do some reasonable research on own

Parole evidence rule

Written contract usually takes precedence over verbal agreements

Laches

Defense used to counter a reasonable but neglected legal claim

If someone intentionally waits to assert a right to harm someone with the intent of taking advantage of someone else

DUST

Demand, Utility, Scarcity and transferability

Warranty deed

Deed with most guarantees given by seller

Quit claim

Conveys ownership without any guarantees

Used to clear clouds on title

Curtesy

Statutory right of widower to real property owned by deceased wife during time married

Profit

A right to remove items from soil( right enter and to take something away)

Cut down a tree from your property

Police power

Right state has to legislate for health and safety and welfare of citizens

Buffer zone

Zone separating incompatible zones

Exclusionary zoning

Net lease

Rent based on lessor's profit with expenses of ownership added on top

Percentage lease

Rent tied to gross sales

Gross lease

Lease payments include lessor's cost and profit

Ground lease

Lease of just lawns, tenant owns improvements

Title theory

Mortgagee holds legal title, mortgagor has equitable title

Lien theory

Mortgagee has equitable title and mortgagor had legal title

Acceleration

Lender requests full unpaid balance

Promissory note

Written promise to pay, evidence of debt

Judicial foreclosure

Formal court action for foreclosure

Non Judicial foreclosure

Foreclosure by advertisement

Non-amortized /Term loan

Interest only loan

Fully amortized loan

Loan balance reduced to $0 at maturity date

Partially amortized loan

Balloon payment when loan matures

Exclusive agency listing

List with one broker but FSBO option

Reverse mortgage

Creates income stream for age 62 and older

Blanket loan

One loan covers more than one parcel

Package mortgage

Personal and real property under one loan

Primary market

Directly lends to borrower

Secondary market

No direct lending

Blockbusting

Inciting panic selling

Steering

Illegally directing buyers to or away from certain cities based on protected classification

Redlining

Refusing loans in certain geographic areas

Bill of sale

Document transfers ownership of chattel

Deed exception

In deed seller excludes in interest

Nonconforming use

Use of land which may legally continue even after zoning changes

Variance

Request for use of land that differs from the zoning ordinance

Exclusive right to sell

List with one broker, no FSBO option

Emblement

Crops that belong to tenant

Special warranty

Seller guaranty in deed not extend to previous owners

License

Non assignable privilege

Freehold

Ownership of land

Non-freehold

Interest in land without ownership i.e lease

Estate

Interest in land-ownership or lease

Bargain and sale deed

Ownership transfer without guarantees but assumed grantor has title interest

Executed contract

All contractual obligations performed

Executory contract

Obligations not fully performed

Accession

Ownership of things attached to land

Survivorship

Upon death ownership passes to other owners regardless of will or dower claim

Special agent

Loyalty for single transaction

General lien

Does not run with land when ownership transfers

Specific lien

Lien which runs with land

General agent

Multiple duties for single business venture

Void contract

Does not exist in eye of law

Voidable contract

One or both parties can ignore

Subordination

One lien agrees to let another take precedence

Setback

Structure must be certain number of feet from lot lines

Fiduciary

Trust related responsibilities

Qualified fee/defeasible fee

Condition placed on ownership which violated would terminate ownership

Alienation

Lender bars transfer of ownership

Note

A legal document that obligates a borrower to repay a mortgage loan at a stated interest rate during a specific period of time

Title

A legal document evidencing a person's right to or ownership of the property

Principal

The portion of the loan payment used towards reducing the original loan amount. (Remaining balance )