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all glossary terms from real estate textbook

Quiz yourself by thinking what should be in each of the black spaces below before clicking on it to display the answer.
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Question
Answer
show A deliberate agreement between parties; offer and acceptance; “meeting of the minds.” A requirement of a legally enforceable contract.  
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“Time is of the essence”   show
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show 1)no longer exist 2)easement holder becomes owner 3)release right 4) abandonment 5)non-use of prescription 6) adverse possession 7)demolition of a party wall 8)nonrecordation 9)lawsuit(quiet title) 10)residential easement converted to commercial purposes  
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show 1)the promises made in the sales contract are fulfilled 2)the mortgage loans funds are distributed to the buyer for use 3)other settlement costs or funds are dispersed  
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show Immobility, indestructibility, uniqueness  
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4 economic characteristics of real property   show
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show Residential, Commercial, Industrial, Agricultural, Special purpose.  
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show 1) One owner only 2) interest 100% 3) one signature only when sold unless a married person - spouse signs to extinguish elective share rights 4) marriage of an owner does not automatically change to tenancy by entireties 5) heir ship rights  
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a lease is said to have ___ ___ ____ because it is a contract and it conveys an interest in real property.   show
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show A condensed history of a title.  
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acceleration clause   show
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show occurs when the offeree signs the offer without making any changes to it, thereby evidencing his acceptance and willingness to be bound by and perform all terms of the offer.  
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Accession   show
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show Acquiring title to additions or improvements to real property as a result of the annexation of fixtures or the accretion of alluvial deposits along the banks of streams.  
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accrued items   show
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Acre   show
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Actual eviction   show
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Ad valorem taxes   show
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adjustable-rate mortgage (ARM)   show
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adjusted basis   show
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Adverse Possession   show
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Aesthetic Zoning   show
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show The easiest but least precise way to measure depreciation that uses the effective age of a building & its economic life.  
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Agency   show
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Agent   show
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show farms, timberland, ranches, and orchards.  
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show In North Carolina, a fixture attached to leased property by a tenant farmer is considered the landowner's real property rather than the tenant's personal property.  
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Air Rights   show
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show Transfer of title, act of transferring property to another.  
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show Prevents the borrower from letting someone assume the debt without the lender's approval.  
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show Owner's title insurance policy that protects the owner against title defects not found in public records.  
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American land title association/Alta policy   show
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show A Federal Act that facilitates accessibility and mobility by ramp construction, safety rails, wider doors, and other accommodations.  
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show A loan in which principal as well as interest is payable in periodic installments over the term of the loan.  
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show the relationship of all finance charges to the loan amount; must be disclosed to borrowers the Truth-in Lending Act.  
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show When value could increase or decrease based on anticipation of some future benefit or detriment affecting the property.  
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show laws that prohibit monopolies and contracts, combinations, and conspiracies that unreasonable restrain trade.  
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Appraisal   show
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Appreciation   show
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Appurtenance   show
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Arms length transaction   show
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show Mineral used extensively in insulation; inhaling fibers can cause sever respiratory diseases; particularly dangerous if friable, i.e., easily crumbled  
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show An official valuation of property for the purpose of establishing assessed value for tax purpose.  
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assignment   show
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Assumption of mortgage   show
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Auction   show
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show The sudden tearing away of land, as by earthquake, flood, volcanic action, or the sudden change in the course of a stream. The loss of land may not result in loss of title to the property.  
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backup offer   show
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balloon payment loan   show
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baseboards   show
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basement   show
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basis   show
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beneficiary   show
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show A type of contract in which both parties promise to do or refrain from doing something; one promise is exchanged for another. "I will do this and you will do that"  
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blanket mortgage   show
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show The act of encouraging people to sell or rent their homes by claiming that the entry of a protected class will have a negative impact on property values.  
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boot   show
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show A secondary place of business apart from the principal or main office from which real estate business is conducted. A branch office usually must be run by a broker – in – charge working on behalf of the broker.  
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Breach of Contract   show
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British Thermal Unit (BTU)   show
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Broad Form (HO-2)   show
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Broker   show
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show the business of bringing buyers and sellers together  
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show Required for brokerage firm and branch office, the full broker responsible for all real estate activities and supervising all provisional brokers associated with the firm or office.  
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show Areas such as landscaped parks and playgrounds used to separate and screen residential areas from nonresidential areas  
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Building Codes   show
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Building Permit   show
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show The concept of land ownership that includes ownership of all legal rights to the land, i.e.. Disposition, exclusion, enjoyment, possession and control.  
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show The upward and downward fluctuations in business activities generally characterized by four stages: expansion, recession, depression, and revival  
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show a way to lower the initial interest rate on a mortgage or deed of trust loan; common type is called a 3-2-1  
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show A principal-agent relationship in which the broker is the agent for the buyer, with fiduciary responsibilities to the buyer. The broker represents the buyer under the law of agency.  
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Calls   show
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show the taxable profit earned from the sale of real property  
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show a loss derived from the sale of real property that may be deductible from ordinary taxable income.  
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Capitalization rate   show
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carbon monoxide   show
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Cash flow   show
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show A policy that provides property owner coverage for the basic structure on that property.  
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Caveat emptor   show
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show attached to the top plate of a wall and carry the weight of the roof  
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comprehensive environmental response, compensation, and liability act (CERCLA)   show
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show Issued upon the satisfactory inspection of a structure; building is fit for occupancy and there are no building code violations  
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show a form indicating the appraised value of a property being financed with a VA loan.  
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Chain of Title   show
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Change   show
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Channeling   show
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Civil Rights Act of 1866   show
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Client or Principal   show
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show the consummation of the real estate transaction; the point at which ownership of a property is transferred in exchange for the selling price; also called settlement  
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show the one who usually conducts the proceedings at a closing and calculates the division of income and expenses between the parties.  
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show A detailed cash accounting of a real estate transaction showing all cash received, all charges and credits made, and all cash paid out in the transaction.  
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show A defect on a deed that is frequently cured by a quitclaim deed.  
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Clustering   show
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Code of ethics   show
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show A supplement or an addition to a will, executed with the same formalities as a will, that normally does not revoke the entire will.  
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Coinsurance Clause   show
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show Business property, including offices, shopping centers, stores, theaters, hotels and parking facilities.  
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show when trust funds and the firm/broker's personal/business funds are placed in the same account  
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show compensation provided by the principal to the firm, contingent on the firm successfully performing the service  
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Common elements   show
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Common law   show
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show Property used in an appraisal report that is substantially equivalent to the subject property.  
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Comparative market analysis (CMA)   show
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show Money damages awarded to the injured party to compensate them for the breach of contract, but not to punish the breaching party.  
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show The principle that states that excess profits generate competition.  
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components of an ARM loan   show
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Comprehensive plan   show
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Condemnation   show
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Condition   show
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show A defeasible fee simple estate that dictates some action or activity that the new owner must not perform. The former owner retains a right of reentry, so if the condition is broken, the former owner can take repossession of the property.  
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Conditional-use Permit   show
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show Do not own land underneath unit; can stack vertically; 7 days to cancel; own "paint to paint" or enclosed airspace; common areas owned by all members as tenants in common  
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conforming loan   show
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show the appraisal principle that holds that the greater the similarity among properties in an area, the better they will hold their value.  
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show NC law that requires many types of real estate documents to be recorded for protection against claims from third parties.  
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consequential damages   show
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Consideration   show
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construction loan   show
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show the doctrine that gives the tenant the right to cancel the remainder of the lease and vacate the premises w/o penalty if the landlord fails to keep the premises fit.  
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Constructive Notice   show
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Contingency   show
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Contract   show
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Contribution   show
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show a loan that is not backed by a gov't agency.; lender bears all the risk in the event of default  
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Conveyance   show
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show those who act as subagents of the principal  
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Cooperative   show
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show the process of estimating the value of a property by adding the appraiser's estimate of the reproduction or replacement cost of the building, less depreciation to the estimated land value.  
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cost basis   show
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counteroffer   show
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show A life estate, usually a fractional interest, given by some states to the surviving husband in real estate owned by his deceased wife. Most states, including north carolina, have abolished courtesy.  
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Covenant   show
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show Under this covenant, the lessor guarantees that the lessee may take possession of the leased premises and that no one, including the landlord, will interfere with the tenant's possession or use of the property.  
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show on a closing statement, amount entered in a person's favor – an amount the party has paid order amount received from another party.  
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show the space between the ground surface and the first floor; frequently found in homes w/o basements that are not built on a slab foundation  
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show a reduction in a property's value resulting from a decline in physical condition; repairs that are physically possible and economically feasible and will result in an increase in appraised value. Ex: Roof replacement, painting  
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Debit   show
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Customer   show
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show principal and interest loan payment  
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Decedent   show
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Declaration of Restrictive Covenants   show
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show Loss not covered by the insurer.  
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Deed   show
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show Deed that is used when a borrower has defaulted on the mortgage loan and wants to avoid a foreclosure action.  
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show Deed used when a grantor conveys property as a gift; must be recorded within two years or it becomes void.  
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Deed of Release   show
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show the document that pledges the property to the lender as security or collateral for a debt; also called mortgage.  
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Deed restrictions   show
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Default   show
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show An estate in which the holder has a fee simple title that may be terminated upon the occurrence or non-occurrence of the specified event. Two categories of the defeasible fee estate exist: fee simple determinable and fee simple on condition subsequent.  
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Defeasance clause   show
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deficiency judgment   show
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show Actual delivery of the deed by the grantor and either actual or implied acceptance by the grantee.  
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Demand   show
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Department of Housing and Urban Development (HUD)   show
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depreciation   show
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show The acquisition of an estate by inheritance in which an air succeeds to the property by intestate succession  
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Designated duel agency   show
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show A person or company that attempts to put land to its most profitable use to the construction of improvements.  
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Devise   show
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direct reduction loan   show
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show interest paid in advance; one point equals 1% of the loan amount for the borrower and increases the yield for the investor approximately 1/8%.  
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Dominant tenement   show
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Dormer   show
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Dower   show
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Dual agency   show
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due diligence period   show
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due-on-sale clause   show
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show The unlawful constraint or action exercised on a person whereby the person is forced to perform an act against that person’s will. A contract entered into under duress is voidable.  
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show Money deposited by a buyer under the terms of a contract, to be forfeited if the buyer defaults but applied to the purchase price if the sale is closed.  
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show The right to use the land of another for a particular purpose.  
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show An easement that is annexed to the ownership of one parcel of land and used for the benefit of another parcel of land. The easement "runs with the land"  
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show An easement acquired for a public purpose through the power of eminent domain.  
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Easement by necessity   show
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Easement by prescription   show
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Easement in gross   show
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eave   show
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show The period during which property is expected to remain useful for its original intended purpose.  
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Economic obsolescence (incurable)   show
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Effective age   show
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electromagnetic fields for purposes (EMFs)   show
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show Growing crops, such as grapes and corn, that are produced annually through labor and industry; also called fructus industriales. Usually considered to be personal property,  
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show Works as a direct employee of employer, who must withold income and social security taxes from employee.  
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Employment Contract   show
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show Power of certain agencies to take private property for public use through a suit for condemnation.  
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Enabling acts   show
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encapsulation   show
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show When an improvement or any portion of an improvement, such as a building, a fence, or a driveway illegally extends beyond the land of its owner and covers some land of an adjoining owner/street/alley.  
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show A claim, charge, or liability that attaches to and is binding on real estate.  
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show In an insurance policy, coverage added to general policy; a rider.  
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Equal Credit Opportunity Act (ECOA)   show
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show The point where supply and demand is balanced.  
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show the right to use and possess the property as if one owns it and to demand the return of the legal title when the debt is repaid.  
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Equity   show
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show the right of a borrower in default on a mortgage loan to reclaim the forfeited property prior to the foreclosure sale through payment in full of all debt and associated costs.  
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show The gradual wearing away of land by water, wind, or other natural forces; the diminishing of property by the elements may cause loss of ownership.  
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show The reversion of property to the state in cases where a person dies intestate.  
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show The closing of a transaction through a third party called an escrow agent who receives certain funds and documents to be delivered upon the performance of certain conditions outlined in the escrow instructions.  
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show The trust account established by a broker under the provisions of the license law for the purpose of holding funds on behalf of the broker’s principal or some other person until the consummation or termination of the transaction.  
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show 1)term 2)promise to pay 3)signature of the borrower(s)  
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show 1. Mutual agreement 2. Consideration 3. Capacity to Contract 4. Legal objectives  
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estate at sufferance   show
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show an estate that gives the tenant the right to posses property with the consent of the landlord of a term of unspecified or uncertain duration.  
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show a leasehold estate that continues for a definite period of time, whether for years, months, weeks, or days; automatically terminates at the end of the lease period.  
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estate from period to period   show
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Estate taxes   show
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show A method of creating an agency relationship in which a person states incorrectly that a second person is the first person’s agent and a third person relies on that representation.  
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Estover   show
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Every real estate transaction must be reported to the ___ by the closing agent.   show
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Evidence of title   show
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show A transaction in which all or part of the consideration is the transfer of like – kind property (such as investment real estate for investment real estate).  
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Excise Tax   show
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show Something that is not covered for loss in an insurance policy.  
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exclusive-agency listing   show
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exclusive-right-to-sell listing   show
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executed contract   show
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Execution   show
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Executory Contract   show
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Exemptions to the Federal Fair Housing Act (1)   show
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show The rental of rooms or units is exempt in an owner-occupied one-family to four-family dwelling.  
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show Dwelling units owned by religious organizations may be restricted to people of the same religion if membership in the organization is not restricted on the basis of protected class.  
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show An oral or written contract in which the parties state the contract's terms and express their intentions in words.  
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extender clause or Override Clause   show
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External depreciation   show
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show The loss in value due to factors that are outmoded or less useful. Obsolescence may be functional or economic.  
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show Areas outside incorporated limits that are subject to the zoning restrictions of a municipality  
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show federal law giving consumers the right to view and correct their credit information  
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show refers to the presence of one or more individuals who have not reached the age of 18 and who live with either a parent or legal guardian. The term also includes a woman who is pregnant.  
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show a quasi-government agency established to purchase any kind of mortgage loans in the secondary mortgage market from the primary lenders.  
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fascia board   show
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show Agency responsible for designating flood hazard areas bordering rivers and streams.  
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show Federal law that prohibits discrimination based on familial status, race, sex, handicap, color, religion, national origin. (FRESH CORN)  
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show The country's central banking system, which controls the nation's monetary policy by regulating the supply of money and interest rates  
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show The maximum possible estate in real property; most complete and absolute ownership; indefinite in duration, freely transferable and inheritable.  
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show An estate in which the holder has a fee simple title that may be terminated upon the occurrence or nonoccurrence of a specified event. Two categories of defeasible fee estates exist: fee simple determinable and fee simple on condition subsequent.  
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show An estate in real estate that continues "so long as" a prescribed land use continues. Estate ends automatically upon the termination of the prescribed use; no lawsuit is necessary for reversion.  
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show An estate in real estate that prohibits a specific condition on the property. Grantor has the right to re-enter the property and reclaim ownership through legal proceedings.  
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show Arrangement where consumer asks licensee to perform specific real estate services for a set fee; unbundling of services; limited service firms.  
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FHA-insured loan   show
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Fiduciary   show
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show A flexible moment in time when conversation between a licensee an a consumer begins to address confidential needs, desires and abilities; latest moment to legally disclose agency choices to a consumer.  
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show The most popular repayment plan; both the interest rate and the debt service amount are set for the duration of the loan  
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show the tenant's obligation to pay a fixed rental amount, and the landlord pays all taxes, insurance premiums, mortgage payments, repair costs; also called a gross lease.  
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Fixture   show
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Flood Hazard Area   show
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floor joists   show
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footings   show
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show Process in which property is taken by a creditor for nonpayment of debt secured by real property.  
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show Land at the coast between average high tide and average low tide this is owned by the state of North Carolina.  
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show the masonry or concrete wall below ground level that serves as the main support for the frame structure; form the side walls of the basement or crawlspace.  
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frame   show
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Freddie Mac   show
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show An estate in land in which ownership is for an indeterminate length of time, in contrast to a leasehold estate.  
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frieze board   show
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Front footage   show
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Fructus industriales   show
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show Plants that do not require annual cultivation and are considered real property.  
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Full Service Lease   show
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fully amortized fixed-rate mortgage   show
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Functional obsolescence curable   show
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show Undesirable physical or design features that can't be remedied easily are considered functionally obsolete. ex: home w/ 5 bedrooms & 1 bath  
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show A person's present right to an interest in real property that will not result in possession or enjoyment until someone in the future, such as a reversion or right or reentry.  
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Gable   show
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show A curb roof, having a steep slope and a flatter one above, as seen in dutch colonial architecture.  
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show A defect in the chain of title of a particular parcel of real estate; a missing document or conveyance that raises doubt as to the present ownership of the land.  
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show one who represents the principal in a broad range of matters related to a particular business or activity  
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show This type of lien affects all the property of a debtor, both real and personal, rather than a specific parcel of real property  
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show In association of two or more individuals who carry on a continuing business for profit as co– owners.  
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show This deed offers greater protection than any other deed, is the best deed for the grantee, but gives the grantor the greatest degree of liability.  
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Ginnie Mae   show
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show a heavy wooden or steel beam supporting the floor joists and providing the main horizontal support for the floor  
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show gives an estimate of your settlement charges and loan terms if you are approved for your loan.  
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show a lease that provides for increases in rent to occur at set future dates; often used in the rental of office space for multiple-year terms. Also called a step-up lease.  
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show a flexible payment plan that allows a mortgagor to make lower monthly payments for the first few years of the loan and larger payments for the remainder of the term.  
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show The one who receives title  
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Grantor   show
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show Words of conveyance  
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show A lease of property under which a landlord pays all property charges regularly incurred through ownership, such as repairs, taxes, insurance, and operating expenses. Most residential leases are gross leases; also called fixed rental lease.  
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show a figure used as a multiplier of the gross monthly income of a property to produce an estimate of the property's value  
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ground lease   show
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groundwater   show
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growing-equity mortgage (GEM)   show
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show the extra thick framing over doors and windows to bear the weight of the building above the opening  
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show The quality or state of being heterogeneous.  
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show The possible use of a property that would produce the greatest net income and thereby develop the highest value  
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Hip roof   show
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Historic Preservation Zoning   show
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holdover tenant   show
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homeowner's insurance policy   show
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show a source of funds for homeowners who wish to finance the purchase of expensive items; consolidate existing installment loans on credit card debt; or pay for medical, educational, home improvement, or other expenses  
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Homeowner's Protection Act   show
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Housing and community development act of 1974   show
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Housing for older persons   show
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show Department of Housing and Urban Development. Enforces the Federal Fair Housing Act.  
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HVAC   show
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show Uniform Settlement Statement; the standard closing statement form required to be given to the borrower, lender, and seller at or before settlement by the closing agent in a transaction covered under RESPA.  
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show the act of pledging real property as security for payment of a loan without giving up possession of the property.  
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show when principal and agent, without formally agreeing to the agency, act as if one exists.  
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show A type of contract in which the agreement of the parties is demonstrated by their actions or conduct.  
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show the primary duty of the land lord to supply fit and habitable premises to the tenant.  
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show (1) space any structure, usually privately owned, erected on the site to enhance the value of the property – for example, a fence or a driveway. (2) a publicly owned structure added to our benefiting land, such as a curb, sidewalk, street, or sewer.  
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show Estimate based on the present worth of the future rights to income.  
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Incurable physical deterioration   show
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Independent contractor   show
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index lease   show
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show warehouses, factories, land in industrial districts, and power plants.  
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Inflation   show
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show Use of a street address to describe property.  
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show State – imposed taxes on a decedent’s real and personal property.  
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In-house sale   show
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installment land contract   show
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show A transaction in which the sales price is paid in two or more installments over two or more years.  
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Instead of using contingencies in an offer to purchase and contract, NC uses _______.   show
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insulation   show
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show a charge for the use of borrowed money  
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interest-only mortgage   show
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show A short – term loan usually made during the construction phase of a building project (in this case, often referred to as a construction loan).  
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show When a person dies without having left a will.  
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show Law that requires those engaged in the interstate sale or leasing of subdivision lots to file a statement of record and register the details of the land with HUD  
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show An appraisal term referring to the value created by a person’s personal preferences for a particular type of property.  
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Investment   show
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Involuntary lien   show
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Joint Tenancy   show
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Joint venture   show
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show A decree issued by a court.  
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show the form of foreclosure used in lien theory states; court process  
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jumbo loan   show
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show Loss of a right through undue delay or failure to assert it.  
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Land   show
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show A contract for the sale of real estate financed by the seller whereby the purchase price is paid in periodic installments by the purchaser, who is in possession of the property even though legal title is retained by the seller until a future date, which m  
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show An enormous hole to store hazardous materials, lined to prevent leakage of waste materials; includes underground drainage pipes to monitor for leaks and leaching  
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show The support a parcel of land receives from adjacent land; a neighbor’s duty to support adjoining land in its natural state.  
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Lateral Support   show
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show holds that the landlord is liable for injuries that occur in common areas (hallways, stairways, elevators, sidewalks, and parking lots) when the landlord negligently failed to maintain safe conditions in those areas.  
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Lead Based Paint hazard Reduction Act   show
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show poisoning caused by an elevated level of lead in the human body that can result in damage to the brain, nervous system, kidneys, and blood.  
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lease   show
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Lease option   show
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show The purchase of real property, the consummation of which is preceded by a lease, usually long-term; typically done for tax or financing purposes.  
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show an estate in land that is generally considered personal property, because no ownership of the real property has changed hands.  
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show the exact way of describing real estate in a contract, deed, mortgage or another document.  
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show People who are recognized by law as being able to contract with others; those of legal age and sound mind; a requirement of a legal enforceable contract.  
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Legally of Object   show
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Lessee/lessor   show
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show The use of borrowed money to finance and investment.  
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Levy   show
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Liability insurance   show
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License   show
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Lien   show
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lien theory   show
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show An interest in real or personal property that is limited in duration to the lifetime of its owner or some other designated person or persons.  
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show A person in possession of a life estate.  
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show a tax term used in exchanges; property may be exchanged for life in kind property and the tax postponed (does not refer to the physical similarity of the properties).  
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liquidated damages   show
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show The ability to sell an asset and converted into cash, at a price close to its true value, in a short period of time.  
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show A notice that there is and action or lawsuit pending that may adversely affect the title.  
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show An employment contract between a property owner and a real estate firm/broker by which the broker is employed to find a ready, willing and able buyer for the owner's real estate on the owner's terms, for which service the owner agrees to pay a commission.  
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show The broker/firm in a multiple – listing situation representing the seller, as opposed to the cooperating broker/firm, that brings the buyer to the transaction. The listing broker and the cooperating broker may be the same person/firm.  
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Littoral Rights   show
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show the specific duties of the principal: loyalty, obedience, accounting, disclosure of information, and skill, care, and diligence  
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show an administrative fee charged to the borrower by the lender for making a mortgage loan; usually computed as a % of the loan amount.  
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loan-to-value ratio (LTV)   show
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long-term capital gain   show
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show A method of describing real property that identifies a parcel of land by reference to lot and bloc numbers within the subdivision, as specified on a recorded subdivision plat.  
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Machinery Act   show
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mailbox rule   show
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show An architectural style in which the top floor or floors of a structure are designed to appear to be the roof. Such a roof has two slopes on each of the four sides of the building, with the upper slope less steeply inclined.  
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Manufactured Home   show
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show A place where goods can be bought and sold and establish value  
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Marketable Title   show
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show Provides that if a chain of title can be traced back for 30 years and no other claim has been recorded during that time the title become a marketable title.  
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Mass appraisal   show
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show The primary method by which local governments recognize development goals.  
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Material fact   show
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Mechanics lien   show
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Metes-and-bounds description   show
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mitigation   show
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show Multiple listing services  
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show A dwelling consisting of a series of rooms or units built off-site according to the NC State Building Code; is considered real property as soon as it assembled on the land. May be multi-storied  
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show Governmental regulation of the amount of money in circulation through such institutions as the federal reserve board.  
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show Fixed objects used to establish real estate boundaries. Ex.: stones, trees, lakes, streets, markers placed by surveyors.  
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show A conditional transfer or pledge of real estate as security for the payment of a debt. Also the document creating a mortgage lien in a lien theory state.  
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show A mortgage loan company that originates, services, and sells loans to investors.  
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show A lien or charge on the property of the mortgagor that secures the underlying debt obligations.  
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mortgage servicing disclosure statement   show
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Mortgagee/mortgagor   show
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show The first comprehensive law in the nation passed by a state to regulate construction unprotected mountain ridges.  
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show states that if the dwelling has four or less units and the owner lives in one of the units, it is exempt from the Fair Housing Act.  
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Multiperil policy   show
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show A deliberate agreement between parties offer and acceptance; "meeting of the minds." A requirement of a legally enforceable contract.  
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show law designed to protect, preserve, and give management guidelines in coastal areas of the state and places a severe limitation on developments  
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NC Dredge and Fill Act   show
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show The State law of descent that dictates distribution of the real and personal property of the deceased that died without a will.  
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NC Leaking Petroleum Underground Storage Tank Cleanup Act   show
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NC Sediment Pollution Control Act   show
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negative amortization   show
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show when agents unintentionally misinform a buyer, seller, tenant, or landlord concerning a material fact because they do not have actual knowledge of the fact, b/c they have incorrect information, or b/c of a mistake by the agent.  
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show takes place when agents do not have actual knowledge of a material fact but should reasonably have known of such a fact.  
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show a written promise or order to pay a specific sum of money that may be transferred by endorsement or delivery. The transferee then has the original payee's right to payment.  
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net lease   show
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net listing   show
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Net operating income (NOI)   show
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show Real property uses that were legally established before adoption of current zoning plan, but have been "grandfathered".  
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show A tenant's right to occupy real estate during the term of a lease, generally considered a personal property interest; nonfreehold estate.  
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Nonhomogeneity   show
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show a foreclosure under power of sale in which the deed of trust does not have to be foreclosed through a court action.  
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show Specifies that a condo is created and established when the developer executes and records a declaration of its creation in the county where the property is located  
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show State fair housing law containing similar prohibitions to those of the federal fair housing law. Unlike the federal law, however, the north carolina law does not exempt owners who are selling their own property, and it does exempt the rental of the unit i  
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North Carolina human Relations Commission   show
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show The state governmental agency whose primary duties include making rules and regulations to protect the general public involved in real estate transactions, granting licenses to real estate brokers, and suspending or revoking licenses for cause.  
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North carolina sediment pollution control act   show
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North carolina time-share act   show
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North Carolina Vacation Rental Act   show
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Note   show
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show Substituting a new contract for an old one or substituting new parties to an existing contract.  
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Obsolescence   show
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show A permit used by the appropriate local governing body to establish that the property is suitable for habitation by meeting certain safety and health standards.  
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Octennial reappraisal   show
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Offer and Acceptance   show
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show In NC, the most common title for a real estate sales contract  
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show Administers the Federal Fair Housing Act under the direction of the Secretary of HUD.  
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show Monitors and regulates the savings and loan industry. Ots was created by the financial institutions reform, recovery, and enforcement act (firrea).  
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show maximum amount of security deposit if tenancy is from month to month.  
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show A listing agreement under which the broker's commission is contingent on the broker personally producing a ready, willing, and able buyer before the property is sold by the seller or another broker.  
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show a line of credit allowing the mortgagee to make additional future advances of funds to the mortgagor, and are generally set up as home equity loans.  
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show An abstract of title that a lawyer has examined and is certified to be, in the lawyer’s opinion, an accurate statement of the facts concerning the property ownership.  
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show an agreement b/w property owner and possible buyer, secured by the payment of an option fee, to buy or not to buy property within a specific time period at negotiated terms.  
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show an agency option a firm may use when the consumer is willing to commit to an exclusive written buyer agency relationship.  
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show A type of zoning that is superimposed over another type of zoning.  
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show A carry– over or protection clause in a listing contract that says the listing broker is entitled to commission for a time period after expiration of the listing term if the property is transferred to a prospect that the broker introduced to the property  
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show An insurance policy that combines the coverage of property insurance and liability insurance.  
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show a loan that includes not only the real estate, but also all fixtures and appliances installed on the premises; has been used extensively in financing furnished condo units  
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show The illegal practice of inducing homeowners to sell their properties by making representations regarding the entry or prospective entry of persons of a particular protected class into the neighborhood.  
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show A rule of evidence providing that a written agreement is the final expression of the agreement of the parties, not to be varied or contradicted by prior or contemporaneous oral or written negotiations.  
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show a loan in which the monthly principal and interest payments are a constant amount, but that payment amount is not sufficient to completely pay off the loan within the loan term; balloon payment due at maturity  
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show The division of contents’ interests in real property when all parties do not voluntarily agree to terminate the co– ownership; takes place through court procedures.  
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Party wall   show
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Payment cap   show
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percentage lease   show
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show A test of the soil to determine whether it will absorbing and drain water adequately to use a septic system for sewage disposal; a soil evaluation test.  
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Personal Property or Personality   show
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physical deterioration   show
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pier   show
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show the slope of a roof measured as the vertical distance in inches (rise) divided by the horizontal distance in feet (run)  
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PITI   show
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show A planned combination of diverse land uses, such as housing, recreation, and shopping, in one contained development or subdivision.  
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Plat Map   show
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show The point at which a metes and bounds description begins.  
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show The state's inherent authority to create and adopt regulations necessary to protect the public health, safety and general welfare of the citizenry.  
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show The form of foreclosure used in a title theory state; also called a nonjudicial foreclosure.  
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Predatory Lending Act   show
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show The consideration for an insurance policy.  
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show expenses that have already been paid by the seller prior to closing and the buyer needs to rebate that portion to the seller; generally real estate taxes or HOA dues.  
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prepayment penalty clause   show
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Price-fixing   show
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primary mortgage market   show
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principal   show
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show Property taxes and special assessments, then in order of time and date files (pure race), except mechanics lien, which dates to date labor began or materials were first provided.  
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show insurance provided by a private carrier that protects a lender against a loss in the event of a foreclosure and deficiency  
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show rights arising from the contract itself  
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privity of estate   show
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show A legal process by which a court determines who will inherit a decedent’s property and what the estate’s assets are.  
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show The effort that began a chain of events that brings about the desired result. Under an open listing, the broker who is the procuring cause of the sale receives the commission.  
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show written promise to repay a debt in definite installments with interest.  
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show A policy that provides property owner coverage for the basic structure on that property.  
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property management agreement   show
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show someone who preserves the value of an investment property while generating income as an agent for the owner.  
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Property Report   show
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show A lease given by the corporation that owns a cooperative apartment building to the shareholder for the shareholder's right as a tenant to an individual apartment.  
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prorations   show
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show Race, Color, Religion, National Origin, Sex, Handicapped, Familial Status  
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show Used to guarantee a broker a commission if that particular property is sold to a specific buyer.  
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Protective covenant   show
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show A real estate licensee who performs real estate activities under the supervision of a licensed real estate broker-in-charge. Must complete post-licensing courses to remove the provisional license status  
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Public offering statement   show
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puffing   show
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Pur Autre Vie   show
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show a note secured by a mortgage or deed of trust given by a buyer as a borrower, to a seller, as lender, as part of the purchase price of the real estate.  
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show Estimate based on the quantities of raw materials needed to replace the subject structure as well as of the current price of such materials & their installation costs.  
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Quick Take   show
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show A court action to remove the cloud on the title.  
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Quitclaim Deed   show
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radon   show
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rafter   show
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Rate cap   show
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Ratification   show
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ready, willing, and able buyer   show
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show Land; a portion of the earth's surface extending downward to the center of the earth and upward infinitely into space, including all things permanently attached to it, whether naturally or artificially  
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Real estate agents are obligated by licensing law and Commission rules to disclose all offers to sellers immediately, but no later than ___ days from the date of the offer   show
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show Trust ownership of real estate by a group of individuals who purchase certificates of ownership in the trust, which in turn invest the money in real property and distributes the profits back to the investors free of corporate income tax.  
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Real estate license law   show
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Real estate mortgage investment conduit (remic)   show
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show Federal law that requires federally chartered or insured lenders or provide buyers and sellers of 1-4 family homes, coops, condos with info on all settlement costs  
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show A fund established in some states from real estate license revenues to cover claims of aggrieved parties who have suffered monetary damage to the actions of a real estate licensee.  
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Real Estate Settlement Procedures Act (RESPA)   show
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show defined as the land, everything that is permanently attached to the land (or goes with) the land  
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reality of consent   show
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Realtor®   show
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reconciliation   show
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show Making documents that affect property ownership readily available as matters of public record.  
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show A system established in 1785 by the federal government, providing for surveying and describing land by reference to principal meridians and baselines, used mainly west of the mississippi river.  
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show A 10– day period of time after a foreclosure auction during which a property owner in default has the right to redeem the pledged real estate by paying the loan balance plus interest, and costs; also called the upset bid period.  
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show Illegal practice by lending institutions to deny or discourage loan application in an area based on its racial composition or deterioration.  
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show The document signed by a lender indicating the amount required to pay loan balance in full and satisfy the debt; used in the settlement process to protect both the seller’s and the buyer’s interest.  
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Reference to a recorded deed   show
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show A method of land description that uses lot and block numbers.  
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show The document that developers of time – shares in north carolina must obtain from the north carolina real estate commission before they can offer a project’s time – shares for sale to the public.  
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show An appraisal principal that states that between dissimilar properties, the value of the better quality property is affected adversely by the presence of the lesser quality property.  
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show implements the Truth in Lending Act requiring credit institutions to inform borrowers of the true cost of obtaining credit  
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show Gradual recession of water which uncovers land that usually belongs to the riparian owner.  
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Remainder Interest   show
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show One entitled to receive a remainder interest in some estate sometime in the future.  
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Replacement cost   show
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Reproduction cost   show
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rescission   show
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show all property used for housing, from acreage to small city lots. both single family & multifamily, in urban, suburban, and rural areas.  
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Residential Rentals Agreements Act   show
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show The organization created by the financial institutions reform, recovery, and enforcement act (firrea) to liquidate the assets of failed savings and loan associations.  
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show Private agreements usually imposed by the owner when property is sold that limits the way the real estate ownership may be used; frequently used by owner/developer to maintain specific standards in a subdivision. The covenants are appurtenant. Also call  
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show Typically a small amount of compensation, usually paid up front by the buyer/client when the buyer-agency agreement is established.  
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show illegal eviction of a tenant that has exercised protected rights under the law.  
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show Deed transfer tax paid by the seller and required to be noted on a deed by state law; the rate is $1 per $500 of sales price. Round sales prices to the next 500 and divide by 500.  
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show allows senior citizens on fixed incomes to utilize the equity buildup in their homes by receiving regular monthly payments from the bank  
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Reversionary Interest   show
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show a heavy horizontal board, set on edge at the apex of the roof, to which the rafters are attached  
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Right – of – way   show
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right of first refusal   show
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Right of Survivorship or Tenancy by the Entirety   show
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Riparian Rights   show
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show sheets of flat, heavy material place on top of the roof boards to insulate and water proof the roof  
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Rules and regulations   show
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show the insulation value of materials  
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show used as a means of financing large commercial or industrial plants; a transaction in which an owner sells improved property and, as part of the same transaction, signs a long-term lease to remain in possession of the premises.  
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show AKA the market data approach. When an estimate of value is obtained by comparing the subject property with recently sold comparable properties.  
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Sandwich lease   show
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show a document acknowledging the full repayment of a mortgage debt  
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show A finite supply  
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show a market for the purchase and sale of existing mortgages  
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Self-help eviction   show
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show The tract over which an easement runs.  
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Setback   show
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show The process of adjusting and prorating credits, debits, and closing expenses to conclude a real estate transaction; referred to as closing.  
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Settlement statement (hud – 1)   show
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Severalty   show
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show Changing an item of real estate to personal property by detaching it from the land; for example, cutting down a tree.  
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show In an agricultural lease, the agreement between the landowner and the tenant farmer to split the crop or the profit from its sale, actually sharing the crop.  
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show a mortgage loan in which the lender, in exchange for a loan with a lower interest rate, participates in the profits (if any) the borrower receives when the property is eventually sold.  
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show insulating material that is applied to the wall framing; then siding is applied on top of it  
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show exterior roofing material frequently made of fiberglass, asphalt, or wood  
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show When a lender allows a borrower in default on mortgage loan payments to sell the mortgage property for less money than necessary to satisfy the load to avoid the delay and expense of a foreclosure sale; lender usually "forgives" the balance owned after th  
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short-term capital gain   show
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show boards nailed horizontally to the vertical studs, with or without intervening sheathing, to form the exposed surface of the outside walls of the building; can be made of wood, metal, or masonry sheets.  
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show the lowest horizontal member of the house frame; also on a window or door  
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show The personal preference of people for one location over another, not necessarily based on objective facts and knowledge  
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show a flat, horizontal reinforced concrete area, usually the interior floor of a building but also an exterior or a roof area  
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soffit   show
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soil suitability test   show
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show the bottom of the wall frame that connects the studs to the flooring  
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Special agent   show
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Special assessments   show
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show 1)acceleration clause 2)prepayment penalty clause 3)due-on-sale clause  
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Special purpose   show
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show A conveyance that carries the warranty that the property was unencumbered by the grantor.  
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Specific lien   show
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show A legal action to compel a party to carry out the terms of a contract.  
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show Usually a house in which two or more floors are located directly above one another, and one or more additional floors, adjacent to them are placed at a different level; a tri– level.  
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Spot Zoning   show
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Square foot method   show
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State( tenancy) from period to period   show
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show A state law that requires that certain instruments that convey interest in real estate be in writing to be legally enforceable, such as deeds, real estate sales contracts, and certain leases.  
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show The law pertaining to the period of time within which certain actions must be brought to court or be lost.  
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show 10 day period after the auction in which the borrower can try to raise the necessary funds to redeem the property.  
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statutory right of redemption   show
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show The channeling of homeowners to particular neighborhoods based on the presence or absence of a protected class.  
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show Property regarded as undesirable because of events that occurred there; also called psychologically impacted property. Some conditions that typically stigmatize a property are murder, gang-related activity, proximity to a nuclear plant, and even the alle  
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show When the cost of an asset is depreciated evenly over its useful life.  
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straight-line amortized mortgage   show
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show not used in NC; after appropriate notice has been given to the delinquent borrower and proper papers prepared, the court establishes a specific time period during which the balance of the defaulted debt must be paid in full  
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show the vertical members in the wall framing; usually placed 16-24 inches apart and serve as main support for the roof and/or the story above  
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show the fiduciary relationship between the subagent ant the principal  
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Subagent   show
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Subdivision   show
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Subdivision and development ordinances   show
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subfloor   show
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show The support of the surface of land by the land's subsurface; duty of the owned of subsurface rights to support the surface of the land.  
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show the leasing of premises by a tenant to a third party for part of the lessee's remaining term  
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subordination agreement   show
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subprime mortgage   show
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show Any rights the insured had to sue the person who caused the damage are assigned to the insurance company that has already paid the insured for the damages.  
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show An appraisal principle that states that the maximum value of a property tends to be set by the cost of purchasing an equally desirable and valuable substitute property, assuming that no costly delay is encountered in making the substitution.  
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show Ownership rights in a parcel of real estate to the water, minerals, gas, oil, and so forth that lie beneath the surface of the property.  
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show Due and payable by the buyer/principal on the signing and acceptance of an offer to purchase property found by the buyer's agent.  
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show the only legal way a landlord can evict a tenant; through a hearing before a magistrate in small claims court.  
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show The amount of goods available in the market to be sold at a given price. The term is often coupled with demand'  
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show An agreement by an insurance or a bonding company to be responsible for certain possible defaults, debts, or obligations contracted for by an insured party; in essence, a policy insuring one’s personal or financial integrity. In the real estate business,  
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show Ownership rights in a parcel of real estate that are limited to the surface of the property and do not include the air above it (air rights) or the minerals below the surface (subsurface rights).  
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show gives the purchaser information about the exact location and size of the property  
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Tacking   show
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Tax credit   show
🗑
show An instrument, similar to a certificate of sale, given to a purchaser at a tax sale. See also certificate of sale.  
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show Lien that is attached to real property as of the listing date.  
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show A court – ordered sale of real property to raise money to cover delinquent taxes.  
🗑
show The process by which a government or a municipal quasi-public body raises monies to fund its operation.  
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tax-deferred exchange   show
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Tenancy in Common   show
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show 1) Owned by Husband and Wife ONLY 2)each own 100% 3) Both must sign when sold 4)a) Divorce changes to tenants in common automatically but legal separation does not b)if not stated, the law presumes, tenants by entire 5) right of survivorship (automatic)  
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Tenant Security Deposit Act   show
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Term loan   show
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Testate   show
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the four characteristics of value   show
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show offer to purchase  
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show Broker  
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TICAM   show
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time is of the essence   show
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show Any right to occupy a unit of real property during five or more separated time periods over a period of at least five years. 5 day cancellation (without penalty) 10 days developer keeps money in trust; 30 days to refund; $500 fine to developer (per violat  
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Title   show
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show A contract by which the insured is compensated against any losses sustained as a result of defects in a title.  
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show The examination of all public records that might affect a title  
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title theory   show
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To form a valid real estate sales contract there must be an _____ made, a(n)___________, and ________.   show
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top plate   show
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Topographic survey   show
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Torrens system   show
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Tort   show
🗑
show A legal test applied by the courts to determine whether an item is a fixture (and. therefore, part of the real property) or personal property.  
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Total circumstances test   show
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show Do own land underneath unit (footprint) can not stack units vertically; no cancellation period; own entire unit (and half of party wall); Common areas owned by Homeowners association  
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Trade Fixture   show
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show Tax stamps required to be affixed to a deed by state or local law; excise tax, formally known as revenue stamps.  
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Transferability   show
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Trigger terms   show
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Trust   show
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Trust funds   show
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Trustee   show
🗑
show A deed of conveyance executed by a trustee and generally used to transfer title after a foreclosure action.  
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Truth – in– lending act   show
🗑
show maximum amount of security deposit if tenancy is longer than month to month.  
🗑
two weeks' rent   show
🗑
show Often used to store petroleum, if leaking can contaminate groundwater, only 10% of tank needs to be underground to require monitoring  
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Undivided interest   show
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show Has all of the elements of a valid contract; however, neither party can sue the other to force performance; valid as between the parties.  
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show A codification of commercial law, adopted in most states, that attempts to make uniform all laws relating to commercial transactions, including chattel mortgages and bulk transfers. When chattels are purchased on credit, security agreement. To give noti  
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Uniform Electronic Transactions Act (UETA)   show
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show The standard hud– 1 closing statement form required to be given to the borrower, lender, and seller at or before settlement by the closing agent in a transaction covered under the real estate settlement procedures act.  
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unilateral contract   show
🗑
show Estimating the replacement cost of a structure based on the construction cost per unit of measure of individual building components, including material, labor, overhead & builders profit.  
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show one who is empowered to do anything the principal could do personally  
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show a 1970s foam insulation that released gases that can cause respiratory problems such as skin irritations or asthma attacks  
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usury   show
🗑
show The capacity to satisfy future owners needs and desires; how future owners can make good use of the property.  
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VA-guaranteed loan   show
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show A contract that complies with all the essential elements of a contract.  
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show The power of a good or service to command other goods or services in exchange. Also, the present worth of future benefits arising from the ownership of real property.  
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Variance   show
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Vendee/vendor   show
🗑
show A contract that has no legal force or effect. It is unenforceable in a court of law b/c it does not meet the essential elements of a contract.  
🗑
Voidable Contract   show
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walk-through   show
🗑
show An improper use or abuse of a property by a possessor who holds less than fee ownership, such as a tenant, life tenant, mortgagor, or vendee. Such waste ordinarily impairs the value of the land or the interest of the person holding the title or the rever  
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water table   show
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Wetlands   show
🗑
when a lease is sublet, the original tenant retains primary liability for paying the rent; this interest in the real estate is known as _____ _______.   show
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Will   show
🗑
show when agents who have actual knowledge of a material fact deliberately misinform a buyer, seller, tenant, or landlord concerning such fact.  
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Willful omission   show
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Working with Real Estate Agents   show
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wraparound loan   show
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show the return or profit on a loan  
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Zoning Ordinances   show
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Zoning powers are conferred on municipal government's by NC's_______________ _____________ through the General Assembly.   show
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Created by: whitwill
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