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65 Cards in this Set
- Front
- Back
- 3rd side (hint)
Carry over provision/ protection period |
Extends seller obligation to pay commission after listing expires |
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Net listing |
Commission whatever broker can get over set price seller requests |
It is illegal |
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Open listing |
List with multiple brokers simultaneously |
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Caveat emptor |
Buyer beware, law charges buyer with duty to do some reasonable research on own |
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Parole evidence rule |
Written contract usually takes precedence over verbal agreements |
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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 |
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DUST |
Demand, Utility, Scarcity and transferability |
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Warranty deed |
Deed with most guarantees given by seller |
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Quit claim |
Conveys ownership without any guarantees |
Used to clear clouds on title |
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Curtesy |
Statutory right of widower to real property owned by deceased wife during time married |
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Profit |
A right to remove items from soil( right enter and to take something away) |
Cut down a tree from your property |
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Police power |
Right state has to legislate for health and safety and welfare of citizens |
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Buffer zone |
Zone separating incompatible zones |
Exclusionary zoning |
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Net lease |
Rent based on lessor's profit with expenses of ownership added on top |
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Percentage lease |
Rent tied to gross sales |
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Gross lease |
Lease payments include lessor's cost and profit |
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Ground lease |
Lease of just lawns, tenant owns improvements |
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Title theory |
Mortgagee holds legal title, mortgagor has equitable title |
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Lien theory |
Mortgagee has equitable title and mortgagor had legal title |
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Acceleration |
Lender requests full unpaid balance |
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Promissory note |
Written promise to pay, evidence of debt |
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Judicial foreclosure |
Formal court action for foreclosure |
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Non Judicial foreclosure |
Foreclosure by advertisement |
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Non-amortized /Term loan |
Interest only loan |
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Fully amortized loan |
Loan balance reduced to $0 at maturity date |
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Partially amortized loan |
Balloon payment when loan matures |
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Exclusive agency listing |
List with one broker but FSBO option |
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Reverse mortgage |
Creates income stream for age 62 and older |
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Blanket loan |
One loan covers more than one parcel |
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Package mortgage |
Personal and real property under one loan |
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Primary market |
Directly lends to borrower |
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Secondary market |
No direct lending |
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Blockbusting |
Inciting panic selling |
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Steering |
Illegally directing buyers to or away from certain cities based on protected classification |
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Redlining |
Refusing loans in certain geographic areas |
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Bill of sale |
Document transfers ownership of chattel |
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Deed exception |
In deed seller excludes in interest |
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Nonconforming use |
Use of land which may legally continue even after zoning changes |
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Variance |
Request for use of land that differs from the zoning ordinance |
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Exclusive right to sell |
List with one broker, no FSBO option |
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Emblement |
Crops that belong to tenant |
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Special warranty |
Seller guaranty in deed not extend to previous owners |
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License |
Non assignable privilege |
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Freehold |
Ownership of land |
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Non-freehold |
Interest in land without ownership i.e lease |
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Estate |
Interest in land-ownership or lease |
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Bargain and sale deed |
Ownership transfer without guarantees but assumed grantor has title interest |
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Executed contract |
All contractual obligations performed |
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Executory contract |
Obligations not fully performed |
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Accession |
Ownership of things attached to land |
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Survivorship |
Upon death ownership passes to other owners regardless of will or dower claim |
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Special agent |
Loyalty for single transaction |
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General lien |
Does not run with land when ownership transfers |
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Specific lien |
Lien which runs with land |
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General agent |
Multiple duties for single business venture |
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Void contract |
Does not exist in eye of law |
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Voidable contract |
One or both parties can ignore |
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Subordination |
One lien agrees to let another take precedence |
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Setback |
Structure must be certain number of feet from lot lines |
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Fiduciary |
Trust related responsibilities |
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Qualified fee/defeasible fee |
Condition placed on ownership which violated would terminate ownership |
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Alienation |
Lender bars transfer of ownership |
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Note |
A legal document that obligates a borrower to repay a mortgage loan at a stated interest rate during a specific period of time |
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Title |
A legal document evidencing a person's right to or ownership of the property |
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Principal |
The portion of the loan payment used towards reducing the original loan amount. (Remaining balance ) |
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