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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.

Define Supply & Demand

When the demand for houses is high, the prices increase




When the supply is high, housing prices decrease

Define Real Estate

Land, and all things permanently attached to it, whether natural or man-made

Define Land

Earth's surface, ownership from the center, infinitely upwards into space: \/

Define Capital Gains

Profit earned from the sale of an asset

Define Real Property

Real Estate plus the interests, benefits, and rights inherent with its ownership

Name the 5 Bundle of Rights

Disposition, Enjoy, Exclusion, Possession, Control (DEEPC)

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

7 Characteristics of Real Estate

Economic Characteristics include Scarcity, Improvements, Permanence of Investment & Area Preference. Physical Characteristics include Immobility, Indestructibility, Uniqueness

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.

PITI

Principal, Interest, Tax, Insurance

6 Categories of Real Property

1. Residential


2. Commercial


3. Mixed-Use


4. Industrial


5. Agricultural


6. Special Purpose

Different Real Estate Specialties

Broker, Appraiser, Salesperson, Property Management

Different Real Estate Organizations

1. NAR National Association of Realtors


2. Women's Council of Realtors


3. CRE Counselors of Real Estate

Classifications of Fixtures

Permanence, adaptation and agreement

Laws that Affect Real Estate

Examples of Laws are Contract, General Property, Agency, Real Estate License, Zoning

Types of Housing

Condominium, PUD, Cooperative, Manufactured, Time-Shares

Tax Benefits of Home Ownership

Tax Deductions

Homeowners Insurance Policies

Basic Form (fire, theft, vehicle damage etc.) & Broad Form (burst pipes, snow damage, falling objects)

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.

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.

Employee vs. Independent Contracter

Contractor owes taxes, makes a commission agreement with broker, and requires a real estate license

How are Brokers Compensated?

Must be licensed, the procuring cause, employed by buyer or seller under contract

Procuring Cause of Sale

To start a chain of events which leads to a sale

Antitrust Laws

Price Fixing, Group Boycotting, Allocation, Tie-In Agreements

Purpose of License Laws

Protect the public by requiring certain requirements for licensure

What Comprises the Real Estate Commission?

Five members appointed by the governor

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.

Post-Licensing Education for Brokers & Agents

10 Hours of classes in current issues, practice, ethics and law within 12 months

Ohio Division of Real Estate Duties

Investigates complaints, audit & caretaker of records, administers licenses

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

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

Agency Relationship

Fiduciary relationship between licensee and person they represent

Fiduciary Relationship

Agency relationship based in trust and honesty

Sub-Agency

Licensee acting for another licensee by performing duties for client (Broker for their Agent)

Ohio's Dual Agency Disclosure Law

Permitted in Ohio ONLY with the written consent of all parties

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

6 Fiduciary Responsibilities

COLDAC: Care, Obedience, Loyalty, Disclosure, Accounting, Confidentiality

How Can a Listing Agreement be Terminated?

Fulfilled purpose, expired term, destruction of property, death, or breach by broker or seller

CMA vs. Appraisal

CMA is an analysis of market activity for comparable properties. Professional appraisal is thorough, gives details estimate of property worth

Expenses a Seller Incurs

commission, mortgage, tax, title, closing costs

Disclosures Required on a Residential Property Disclosure Form

Structural condition, hazardous materials, water source, defects known by seller

Accretion

Increase of land due to mineral deposits from water

Erosion

Decrease of land due to encroaching water

Avulsion

Sudden removal of soil by act of nature (landslide)

Doctrine of Prior Appropriation

State control over water use on property (states where drought is a thing)

Party Wall Easement

Shared boundary wall between two separate properties

Easement by Condemnation

Acquired through eminent domain

Fee Simple Defeasible

Subject to certain conditions

Fee Simple with aSpecial Limitation

A Fee Simple Defeasible that may be inherited

Restriction

"Run with the land", affecting use of property indefinitely

Conventional Life Estate

Owner of life estate is called the life tenant, based on the life of them

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

Legal Life Estate

Life Estate arranged by law, such as dower

Fee Tail Estate

Goes to biological child, limited to "issue of the body"

Encumbrance

Mortgage, tax, lien, easement, land use restriction, outstanding dower right, all of which may diminish property value

License's Effect on Real Property

Works like easement, but is temporary and created orally usually

Agency Disclosure Statement

Discloses duties of agent in a dual agency relationship

Exclusive Right to Sell Listing

One broker appointed to list and receives commission despite who sells

Exclusive-Agency

Broker is paid only if they are procuring cause

Open Listing

Only the selling broker is paid

Lien

A right to keep possession of property belonging to another person until a debt owed by that person is discharged

Exclusive Buyer Agency Agreement

Broker entitled to payment regardless of who finds property
Exclusive-Agency Buyer Agency Agreement

Broker entitled to payment only if they locate property

Open Buyer Agency Agreement

Buyer compensates whichever broker located property