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71 Cards in this Set

  • Front
  • Back

Individual who subdivides land

Subdivider

Person who puts improvements on the land

Developer

Is a real estate license required to subdivide land

No

Why were laws for subdivisions enacted

Prevent fraud and protect the public

The right to adopt subdivision regulations falls under what govt power

Police

Private land use controls are called

CC&Rs

What controls an orderly growth of a municipality

Zoning

Parcels of land 160 acres or more

Bulk land

Land divided into 6 or more parcels, each parcel being 36 acres or more, but less than 160 acres

Un subdivided land

Land that is divided into 6 or more parcels, each parcel being less than 36 acres

Subdivided land

Land that is divided into 5 or fewer parcels

Lot split

No structure on the property and no plans to construct within 2 years

Unimproved lot

An actual structure exists or there is a plan to construct within 2 years

Improved lot

Alternative names for a Public Report

Subdivision Disclosure Report


Commissioners Public Report

A Public Report is for

Information only

What is an SDR

Subdivision Disclosure Report

The maximum deposit which can be accepted with a lot reservation is

$5000 fully refundable

How long are developers required to keep copies of the Public Report

5 years

Subdivision Disclosure Reports are required for the sale of

Subdivided and Unsubdivided land

Subdivision Disclosure Reports are not required for

Bulk and lot splits

If a prospective buyer enters into a contract without receiving the Public Disclosure Report, they have a voidable contract for how long

3 years

What is the purpose of the Public Report

Protect the public

What is a rescission period

Legal remedy to cancel a contract

What is the rescission period on an improved lot

None

What is the rescission period on an unimproved subdivided lot that has not been inspected by the buyer

6 months from contract date

What is the rescission period on an unimproved subdivided lot that has been inspected by the buyer

7 calendar days

Name the three penalties for violating the Public Disclosure Requirement

$1000 fine, suspend or revoke license, 3 year voidable

What is unique about earnest money deposits when purchasing a home in a new subdivision

Goes into the developers operating fund

What must a subdivided lot provide

Ingress and egress

If a subdivision is located in an AMA, what must the subdivider provide

Cert of assured water

Who issues the cert of assured water

ADWR

How long do developers need to keep advertising materials

3 years

An unintentional false statement is called

Misrepresentation

Name two things a developer cannot say in advertising

No risk of loss


Commissioner endorsed

Name three types of income

Earned


Portfolio


Passive

Which is the highest taxed

Earned

How does the IRS come to the Cost Realized

Selling price-cost of sale

What type of real estate cannot be depreciated

Land

What is an investors allowance for wear and tear, deterioration or obsolescence of a property

Depreciation

What allows the investor to deduct a portion of a properties value from gross income each year

Cost recovery

How long can you take a cost recovery deduction

The life of the asset

What is cost recovery allowed for

Income properties and a portion of a non income property that is used to produce income (home office)

A homeowner is eligible for the capital gain exclusion if they lived in the home as their primary residence for

2 of the last 5 years

Married couples may exclude a gain up to

$500,000

A single individual may exclude a gain up to

$250,000

The economic life on residential property is

27.5 years

Property exchanges must fall under the definition of

Like-kind

Who holds the money until the exchange is made

Qualified intermediary often a bank or attorney

What is the purpose of a 1031 exchange

Defer taxes

Tax deferred exchanges must be completed in

180 days

Cash or items of value to even out the exchange is called

Boot

Boot is

Personal property

An owner whose land is divided into parcels

Subdivider

Person who puts improvements on a property

Developer

Dividing land into 5 or fewer parcels

Lot split

Dividing land into 6 or more parcels each parcel less than 36 acres

Subdivided

Dividing land into 6 or more parcels each parcel 36 or more acres but less than 160

Unsubdivided

A parcel of land that is 160 acres or more

Bulk land

Legal remedy of cancelling a contract and restoring the parties to status quo

Rescission

A lot which has a structure on it or a contract in place stating that a structure will be built within 2 years

Improved

A lot that has no structure and no plans to build a structure within 2 years

Unimproved

Report that is required prior to selling subdivided or Unsubdivided land

SDR/CPR

Having no legal force, not enforceable

Void

A contract that is subject to rescission by one of the parties

Voidable

Falls under police power, allows for orderly growth of a municipality

Zoning

Using borrowed funds to purchase investment property

Leverage

Spendable income from an investment after deducting from gross income all operating and fixed expenses

Cash flow

Property subject to wear and tear

Depreciation

Cash or items of value used to even out a 1031 exchange

Boot

Investors purchase property for an increase in value

Appreciation

Possibility of loss from an investment

Risk