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Stack #4546201
| Question | Answer |
|---|---|
| option commercial CRE | option to purchase at a later date |
| right of first refusal | 1st chance to buy |
| executory | offer, contract to purchase, P&S agreement |
| executed | fully performed, all $, title and deed, on record |
| legal effect | valid, void, voidable or unenforceable |
| essentials of validity | capable parties |
| essentials of validity | offer and acceptance |
| essentials of validity | consideration (almost always money) |
| essentials of validity | lawful |
| essentials of validity | real consent (undue influence) |
| essentials of validity | time is of the essence |
| assignment | out w/old, in w/new, both parties jointly liable, sublet |
| novation | replacement, Bob sells interest in contract to Sally |
| recission | cancel w/in 3 days - does not apply to 1st mortgage |
| listing agreement between seller and agency 1 | exclusive right to sell, seller waives for sale by owner rights |
| listing agreement between seller and agency 2 | exclusive agency - seller retains for sale by owner rights |
| listing agreement between seller and agency 3 | non exclusive right to sell, more than 1 agency |
| listing agreement between seller and agency 4 | entry only, enter into in MLS database |
| gross lease | flat fee/rent |
| net lease | base rent plus utilities, tax/insurance, maintenance |
| graduated lease | year round, escalator clause on seasonal basis (up and down) |
| index lease | rent is pegged to index |
| % lease | base rent + % of sales |
| ground lease | improvements are security for the lease (improvements pays for improvements) |
| offers | contract to purchase, can be revoked until accepted, expires in reasonable time (based on market) |
| what is turned in with offer | offer form, copy of deposit check, lender letter, relationship disclosure - must be presented to seller forthwith |
| how long is home inspection contigency | 7-10 days - buyer can back out after that but will probably lose deposit |
| how long is mortgage contigency | 30 days |
| home sale contigency | need to sell current home to buy newer home |
| McCarthy vs Tobin | court ordered legal remedy specific performance |
| 1971 | Mass and federal passed 1st lead paint law |
| 1978 | outlawed use of lead paint in residential properties |
| 1951 | baltimore passed 1st lead paint law (johns hopkins study) |
| house build before 12/31/77 | might have lead paint |
| buyer responsible for due to lead | compliance = delead. must do w/in 90 days if child under 6 resides |
| landlord responsible for due to lead | is there a child under 6? fair housing violation |
| vacation rental responsible due to lead | if no peeling paint rental 31 days or less ok |
| 2017 lead paint law | reduced the amount of surfaces, focused on doors windows and stairs, made the standard of what constitutes lead poisoning stricter |
| residential sale paperwork LEAD | must give to all, 11 page document, must sign before p&s |
| Mass consumer protection act | liable sellers and real estate agents who do not meet requirements can be fined 1000 MA, 10,000 civil and possible criminal sanctions |
| tax credit to delead MA | 1500 |
| Property tax | assessed value x tax rate |
| levy for special assessment | if town adds sewer, water lines by your house |
| escheat | die w/o heirs, government gets house |
| eminent domain | land taking, must be a group (example - adding highway), prove your property is essential, you get paid fair market value |
| Zoning | police power, the ability of the govt to regulate, no compensation, land use |
| confirming | using the land as intended by zoning |
| non conforming | preexisting use of land before zoning took place |
| spot zoning | when a small parcel of land is reclassified as different use than surrounding area |
| special permit | plan denied, appeal to zoning board, can be swayed |
| 1 mile | 5280 feet |
| 320 rods | 1 mile |
| 1 rod | 16.5 feet |
| township | 6 miles x 6 miles |
| 36 sections in one township | 1mile x 1mile |
| 1 acre | 43,560 square feet |
| 1 square mile | 640 acres |