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65 Cards in this Set
- Front
- Back
Define Market |
A place where goods can be bought and sold and a price established. |
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Define Supply & Demand |
When the demand for houses is high, the prices increase When the supply is high, housing prices decrease |
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Define Real Estate |
Land, and all things permanently attached to it, whether natural or man-made |
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Define Land |
Earth's surface, ownership from the center, infinitely upwards into space: \/ |
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Define Capital Gains |
Profit earned from the sale of an asset |
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Define Real Property |
Real Estate plus the interests, benefits, and rights inherent with its ownership |
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Name the 5 Bundle of Rights |
Disposition, Enjoy, Exclusion, Possession, Control (DEEPC) |
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Real Property vs. Personal Property |
Personal property is movable property. It's anything that can be subject to ownership, except land Real property is immovable property - it's land and anything attached |
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7 Characteristics of Real Estate |
Economic Characteristics include Scarcity, Improvements, Permanence of Investment & Area Preference. Physical Characteristics include Immobility, Indestructibility, Uniqueness |
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Ratio for Qualifying Home Buyer |
PITI + other housing expenses should not exceed 28% of monthly income. Payment of all debts should not exceed 36% of monthly income. |
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PITI |
Principal, Interest, Tax, Insurance |
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6 Categories of Real Property |
1. Residential 2. Commercial 3. Mixed-Use 4. Industrial 5. Agricultural 6. Special Purpose |
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Different Real Estate Specialties |
Broker, Appraiser, Salesperson, Property Management |
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Different Real Estate Organizations |
1. NAR National Association of Realtors 2. Women's Council of Realtors 3. CRE Counselors of Real Estate |
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Classifications of Fixtures |
Permanence, adaptation and agreement |
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Laws that Affect Real Estate |
Examples of Laws are Contract, General Property, Agency, Real Estate License, Zoning |
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Types of Housing |
Condominium, PUD, Cooperative, Manufactured, Time-Shares |
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Tax Benefits of Home Ownership |
Tax Deductions |
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Homeowners Insurance Policies |
Basic Form (fire, theft, vehicle damage etc.) & Broad Form (burst pipes, snow damage, falling objects) |
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Define ARELLO |
The Association of Real Estate License Law Officials (ARELLO), supports regulatory agencies in the administration and enforcement of real estate license (or registration) laws in their respective jurisdictions. |
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Explain the Broker's Function |
Masters complexities of real estate transactions. Handles day-to-day details of running a business. Maintaining space and equipment, hiring employees and salespersons, determining compensation. |
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Employee vs. Independent Contracter |
Contractor owes taxes, makes a commission agreement with broker, and requires a real estate license |
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How are Brokers Compensated? |
Must be licensed, the procuring cause, employed by buyer or seller under contract |
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Procuring Cause of Sale |
To start a chain of events which leads to a sale |
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Antitrust Laws |
Price Fixing, Group Boycotting, Allocation, Tie-In Agreements |
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Purpose of License Laws |
Protect the public by requiring certain requirements for licensure |
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What Comprises the Real Estate Commission? |
Five members appointed by the governor |
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How to Become a Broker in Ohio |
1. Be a licensed salesperson for at least two years. 2. Have completed at least 20 real estate transactions. 3. Complete four broker prerequisite courses and complete 90 quarter credit hours. 4. Pass the State of Ohio Real Estate Broker's Exam with a 75. |
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Post-Licensing Education for Brokers & Agents |
10 Hours of classes in current issues, practice, ethics and law within 12 months |
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Ohio Division of Real Estate Duties |
Investigates complaints, audit & caretaker of records, administers licenses |
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Sales License Voluntary Hold, Resignation, Inactivity & Transfer |
License can be held for up to 12 months, resigned permanently, or transferred to other brokers. Broker must file certificate of continuance every 3 years or license will be inactive |
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Types of Agency in Ohio |
1. Single between licensee and seller 2. Single between licensee and buyer 3. Disclosed dual agency between licensee and both seller and buyer 4. Subagency |
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Agency Relationship |
Fiduciary relationship between licensee and person they represent |
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Fiduciary Relationship |
Agency relationship based in trust and honesty |
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Sub-Agency |
Licensee acting for another licensee by performing duties for client (Broker for their Agent) |
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Ohio's Dual Agency Disclosure Law |
Permitted in Ohio ONLY with the written consent of all parties |
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Consumer Guide to Agency Relationships |
Ohio Division of Real Estate developed and maintains regulations regarding the content of each brokerage's policy on agency, which must be provided to prospective sellers and buyers |
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6 Fiduciary Responsibilities |
COLDAC: Care, Obedience, Loyalty, Disclosure, Accounting, Confidentiality |
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How Can a Listing Agreement be Terminated? |
Fulfilled purpose, expired term, destruction of property, death, or breach by broker or seller |
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CMA vs. Appraisal |
CMA is an analysis of market activity for comparable properties. Professional appraisal is thorough, gives details estimate of property worth |
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Expenses a Seller Incurs |
commission, mortgage, tax, title, closing costs |
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Disclosures Required on a Residential Property Disclosure Form |
Structural condition, hazardous materials, water source, defects known by seller |
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Accretion |
Increase of land due to mineral deposits from water |
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Erosion |
Decrease of land due to encroaching water |
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Avulsion |
Sudden removal of soil by act of nature (landslide) |
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Doctrine of Prior Appropriation |
State control over water use on property (states where drought is a thing) |
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Party Wall Easement |
Shared boundary wall between two separate properties |
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Easement by Condemnation |
Acquired through eminent domain |
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Fee Simple Defeasible |
Subject to certain conditions |
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Fee Simple with aSpecial Limitation |
A Fee Simple Defeasible that may be inherited |
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Restriction |
"Run with the land", affecting use of property indefinitely |
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Conventional Life Estate |
Owner of life estate is called the life tenant, based on the life of them |
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Estate Pur Autre Vie |
A duration of a property interest. While it is similar to a life estate, it differs in that a person's life interest will last for the life of another person instead of their own |
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Legal Life Estate |
Life Estate arranged by law, such as dower |
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Fee Tail Estate |
Goes to biological child, limited to "issue of the body" |
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Encumbrance |
Mortgage, tax, lien, easement, land use restriction, outstanding dower right, all of which may diminish property value |
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License's Effect on Real Property |
Works like easement, but is temporary and created orally usually |
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Agency Disclosure Statement |
Discloses duties of agent in a dual agency relationship |
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Exclusive Right to Sell Listing |
One broker appointed to list and receives commission despite who sells |
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Exclusive-Agency |
Broker is paid only if they are procuring cause |
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Open Listing |
Only the selling broker is paid |
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Lien |
A right to keep possession of property belonging to another person until a debt owed by that person is discharged |
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Exclusive Buyer Agency Agreement |
Broker entitled to payment regardless of who finds property
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Exclusive-Agency Buyer Agency Agreement
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Broker entitled to payment only if they locate property |
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Open Buyer Agency Agreement |
Buyer compensates whichever broker located property |