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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.

Civils right act of 1866

Prohibits discrimination against race and color in certain real estate transactions.

Federal fair housing act

Act that prohibits discrimination against race, color, religion, national origin, gender, family status and handicapped in certain real estate transactions.

Sherman Anti-Trust Act of 1890

Act which ensures fairness in the marketplace.

Blind Ads

Advertisements place by a sales agent that doesn't include the employing broker's name.

Salesperson

One who performs real estate activities while employed by or associated with a licensed real estate broker.

Designated broker

One who supervises all activities of sales agents and is liable for their actions.

Employing broker

Firm name or entity - not a person.

Associate broker

A real estate broker working for a designated broker.

Referring broker

Real estate broker who receives referral fee.

Agent

Broker or salesperson.

Loan-to-value or LTV

Ratio of a mortgage principal to the property appraised value or its sales price, whichever is lower.

Collateral

Property that is pledged as security for a debt.

Equity

Value over and above what is not debt.

Promissory Note

Unconditional promise made in writing to repay a debt.

Mortgage

A written instrument to secure repayment of a debt for real property.

Mortgagor

In a mortgage, the buyer or borrower.

Mortgagee

In a mortgage, the lender.

Assignment

When a mortgage is sold or assigned to another lender.

Trustor

In a deed of trust, the borrower.

Trustee

Impartial third party.

Beneficiary

Lender.

Interest

Charge for using another's money.

Usury

When A lender charges an interest rate above the legal limit.

Origination fee

Featured by the lender for making the loan.

Discount point

Fee charged by the lender for lowering the interest rate for the borrower.

Assumption

When a buyer assumes the current loan under the same terms and conditions of the original borrower.

Conforming loans

Standardized conventional loan that meets the requirements of Fannie Mae and Freddie Mac.

Non conforming loans

Loan that fails to meet the requirements of Fannie Mae and Freddie Mac.

FHA escape clause

Borrower must be shown the appraisal and if not met withdrawal from the sale penalty-free.

Title

The right to ownership.

Estate

The extent of interest a person has in real estate.

Ownership

Method of taking title.

Leasehold

In the state that last for a fixed period of time (rent or lease).

Freehold

An estate in real property that could last an indefinite duration.

Dower

Interest of ownership that they wife has in the real estate of her deceased husband.

Curtesy

Interest of ownership that a husband has in the real estate of his deceased wife.

Pur Autre Vie

For the life of another - life estate contingent on the life of someone other than the guarantee.

Intestate

Dies with no will.

Judicial Partition

When a court divides property due to a dispute regarding the use or sale of the property.

Separate property

Real and personal property owned solely by either spouse before marriage.

Community property

Property obtained after marriage.

Right of survivorship

When the interest of a property is equally divided between its surviving owners or remaining owner.

Inter Vivos Trust

Living trust.

Testamentary Trust

A trust that becomes effective after a person dies.

Actual notice

Express information or fact attained in a transaction.

Uniform residential landlord & tenant act of 1973

Created for regulating the relationship between landlord and tenant in residential leases.

Constructive notice

Knowledge that is implied by the law or legal notice.

Parol evidence rule

Written agreement is the final expression of the agreement of the parties and prevails over prior oral negotiations.

Liquidated damages

Compensation amount predetermined and paid to an injured party because of a contract breach.

Escheat

Revision of property to the state or county.

Acknowledgement

Formal declaration made before an authorized officer to confirm a person has signed a document not under duress.

Recession agreement

Mutual agreement signed by the seller and buyer to cancel the contract, stating disposition of earnest money.

Homestead

Life estate and real estate occupied as the family home.

Laches

A doctrine to bar a legal claim due to delay or failure to assert the claim or right.

Conversion

When a broker spends trust money.

Revisionary rights

Right to take back possession of a property if a lease ends.

Inverse condemnation

When an owner request that his property be condemned because of damages caused by government actions.

Taxation

Right of the government to tax private property to pay for the cost of government and area improvements.

Ad Velorem

According to value.

Assessment tax

A specific Levi for a definite purpose such as adding curbs or sewers in a neighborhood.

Prior appropriation

Landlords right to use available water based on a government-administered permit system.

Non-Conforming Use

Permitted uses of real property that no longer conforms to current zoning laws.

Variances

Permit deviations from existing zoning laws.

RESPA

Real estate settlement procedures act - requires full disclosure of all costs involved in obtaining financing and closing on a property.

Temporary broker

When designated broker becomes ill or dies, the broker that steps into manage agents.

Cooperating broker

Broker who assist another broker in a real estate transaction.

Estoppel certificate

Legal instrument verifying the exact loan amount, the current rate of interest and the date to which interest is paid.

Grant

The act of conveying ownership.

Statute of frauds

A requirement that everything must be in writing.

Miss representation

False statement of concealment of a fact.

Distraint

Landlords legal right to seize a tenant's belongings for damages or rents in arrears under court order.

Unsubdivided land

Land with six or more parcels of 36 acres but less than 160 acres each.

Subdivided land

Land with 6 or more parcels under 36 acres each.

Master Planned Community

Area of two or more plated subdivisions with the same CC &R's.

Affidavit of legal value

A recorded document indicating the sale price of the property and signed by the buyer and seller for tax purposes.

Title evidence

Proof in the form of documents that seller conveys legal title.

Abstract of title

A history of all recorded instruments that has affected title to a property.

Descent or Intestate Succession

Real estate distributed by descent statues after deceased owner died intestate.

Interpleader action

When the title company turns earnest money over to court due to a dispute between buyer and seller.

Plottage

Combining parcels for greater value.

Assemblage

Combining two or more adjacent lots to increase value.

Government check

In a 24 Mile square personal, there are 16 townships.

Easement Appurtenant

Easement that is attached to the land and passes with the land.

Agency

A legal relationship when a person acts on behalf of another in business.

Attorney in fact

A competent and disinterested person who is authorized by another person to act in his or her place.