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86 Cards in this Set
- Front
- Back
Recovery Fund |
State-regulated fund used to pay purchasers of real estate who have suffered a loss due two actions or inactions of the licensee. |
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Civils right act of 1866 |
Prohibits discrimination against race and color in certain real estate transactions. |
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Federal fair housing act |
Act that prohibits discrimination against race, color, religion, national origin, gender, family status and handicapped in certain real estate transactions. |
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Sherman Anti-Trust Act of 1890 |
Act which ensures fairness in the marketplace. |
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Blind Ads |
Advertisements place by a sales agent that doesn't include the employing broker's name. |
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Salesperson |
One who performs real estate activities while employed by or associated with a licensed real estate broker. |
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Designated broker |
One who supervises all activities of sales agents and is liable for their actions. |
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Employing broker |
Firm name or entity - not a person. |
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Associate broker |
A real estate broker working for a designated broker. |
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Referring broker |
Real estate broker who receives referral fee. |
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Agent |
Broker or salesperson. |
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Loan-to-value or LTV |
Ratio of a mortgage principal to the property appraised value or its sales price, whichever is lower. |
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Collateral |
Property that is pledged as security for a debt. |
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Equity |
Value over and above what is not debt. |
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Promissory Note |
Unconditional promise made in writing to repay a debt. |
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Mortgage |
A written instrument to secure repayment of a debt for real property. |
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Mortgagor |
In a mortgage, the buyer or borrower. |
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Mortgagee |
In a mortgage, the lender. |
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Assignment |
When a mortgage is sold or assigned to another lender. |
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Trustor |
In a deed of trust, the borrower. |
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Trustee |
Impartial third party. |
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Beneficiary |
Lender. |
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Interest |
Charge for using another's money. |
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Usury |
When A lender charges an interest rate above the legal limit. |
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Origination fee |
Featured by the lender for making the loan. |
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Discount point |
Fee charged by the lender for lowering the interest rate for the borrower. |
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Assumption |
When a buyer assumes the current loan under the same terms and conditions of the original borrower. |
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Conforming loans |
Standardized conventional loan that meets the requirements of Fannie Mae and Freddie Mac. |
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Non conforming loans |
Loan that fails to meet the requirements of Fannie Mae and Freddie Mac. |
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FHA escape clause |
Borrower must be shown the appraisal and if not met withdrawal from the sale penalty-free. |
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Title |
The right to ownership. |
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Estate |
The extent of interest a person has in real estate. |
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Ownership |
Method of taking title. |
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Leasehold |
In the state that last for a fixed period of time (rent or lease). |
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Freehold |
An estate in real property that could last an indefinite duration. |
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Dower |
Interest of ownership that they wife has in the real estate of her deceased husband. |
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Curtesy |
Interest of ownership that a husband has in the real estate of his deceased wife. |
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Pur Autre Vie |
For the life of another - life estate contingent on the life of someone other than the guarantee. |
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Intestate |
Dies with no will. |
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Judicial Partition |
When a court divides property due to a dispute regarding the use or sale of the property. |
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Separate property |
Real and personal property owned solely by either spouse before marriage. |
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Community property |
Property obtained after marriage. |
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Right of survivorship |
When the interest of a property is equally divided between its surviving owners or remaining owner. |
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Inter Vivos Trust |
Living trust. |
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Testamentary Trust |
A trust that becomes effective after a person dies. |
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Actual notice |
Express information or fact attained in a transaction. |
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Uniform residential landlord & tenant act of 1973 |
Created for regulating the relationship between landlord and tenant in residential leases. |
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Constructive notice |
Knowledge that is implied by the law or legal notice. |
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Parol evidence rule |
Written agreement is the final expression of the agreement of the parties and prevails over prior oral negotiations. |
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Liquidated damages |
Compensation amount predetermined and paid to an injured party because of a contract breach. |
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Escheat |
Revision of property to the state or county. |
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Acknowledgement |
Formal declaration made before an authorized officer to confirm a person has signed a document not under duress. |
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Recession agreement |
Mutual agreement signed by the seller and buyer to cancel the contract, stating disposition of earnest money. |
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Homestead |
Life estate and real estate occupied as the family home. |
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Laches |
A doctrine to bar a legal claim due to delay or failure to assert the claim or right. |
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Conversion |
When a broker spends trust money. |
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Revisionary rights |
Right to take back possession of a property if a lease ends. |
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Inverse condemnation |
When an owner request that his property be condemned because of damages caused by government actions. |
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Taxation |
Right of the government to tax private property to pay for the cost of government and area improvements. |
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Ad Velorem |
According to value. |
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Assessment tax |
A specific Levi for a definite purpose such as adding curbs or sewers in a neighborhood. |
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Prior appropriation |
Landlords right to use available water based on a government-administered permit system. |
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Non-Conforming Use |
Permitted uses of real property that no longer conforms to current zoning laws. |
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Variances |
Permit deviations from existing zoning laws. |
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RESPA |
Real estate settlement procedures act - requires full disclosure of all costs involved in obtaining financing and closing on a property. |
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Temporary broker |
When designated broker becomes ill or dies, the broker that steps into manage agents. |
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Cooperating broker |
Broker who assist another broker in a real estate transaction. |
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Estoppel certificate |
Legal instrument verifying the exact loan amount, the current rate of interest and the date to which interest is paid. |
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Grant |
The act of conveying ownership. |
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Statute of frauds |
A requirement that everything must be in writing. |
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Miss representation |
False statement of concealment of a fact. |
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Distraint |
Landlords legal right to seize a tenant's belongings for damages or rents in arrears under court order. |
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Unsubdivided land |
Land with six or more parcels of 36 acres but less than 160 acres each. |
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Subdivided land |
Land with 6 or more parcels under 36 acres each. |
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Master Planned Community |
Area of two or more plated subdivisions with the same CC &R's. |
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Affidavit of legal value |
A recorded document indicating the sale price of the property and signed by the buyer and seller for tax purposes. |
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Title evidence |
Proof in the form of documents that seller conveys legal title. |
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Abstract of title |
A history of all recorded instruments that has affected title to a property. |
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Descent or Intestate Succession |
Real estate distributed by descent statues after deceased owner died intestate. |
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Interpleader action |
When the title company turns earnest money over to court due to a dispute between buyer and seller. |
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Plottage |
Combining parcels for greater value. |
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Assemblage |
Combining two or more adjacent lots to increase value. |
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Government check |
In a 24 Mile square personal, there are 16 townships. |
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Easement Appurtenant |
Easement that is attached to the land and passes with the land. |
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Agency |
A legal relationship when a person acts on behalf of another in business. |
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Attorney in fact |
A competent and disinterested person who is authorized by another person to act in his or her place. |