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HI Real Estate
Real Estate Exam
109
Real Estate & Planning
Undergraduate 1
09/13/2016

Additional Real Estate & Planning Flashcards

 


 

Cards

Term
Contstructive Eviction
Definition
Breach of the covenant warranting quiet enjoyment in a lease; when a landlord performs an act depriving the tenant of quiet enjoyment of the premises thereby causing the tenant to move
Term
Constructive Notice
Definition
Notice given by the public records; legal presumption of notice given by the public records. Also called legal notice.
Term
Consummate
Definition
To bring a completion, perfection, or fulfillment
Term
Contiguous
Definition
In close proximity, adjoining
Term
Contingent
Definition
Dependent upon an uncertain future event
Term
Continuation
Definition
An update of a title search, covering the period from the preliminary title report to the time of the recording of the documents
Term
Contract
Definition
A legal agreement between competent parties for a consideration to perform or refrain from performing certain acts.
Term
Conventional Mortgage
Definition
A mortgage that is not FHA insured or VA guaranteed.
Term
Conversion
Definition
Transforming an apartment building into a condo.
Term
Conveyance
Definition
The transfer of the title of land from one to another; an instrument that carries from one person to another an interest in land.
Term
Conveyance Tax
Definition
Tax paid by seller upon transfer of deed.
Term
Cooperating Broker
Definition
A broker who joins with another broker in the sale of real property; usually, one who represents the buyer of property listed with another broker; the selling broker.
Term
Cooperative Ownership
Definition
Ownership that usually takes the form of shares of stock in a corporation owning the entire building and a proprietary lease giving the stockholder/tenant the right to occupy a unit for which he pays a proportionate share of the maintenance and operating expenses.
Term
Corporation
Definition
A vehicle used to carry on business with its owners having liability only to the extent of their stock ownership; considered to be an individual or separate entity.
Term
Corporeal
Definition
That which pertains to a right or rights of a visible and tangible nature.
Term
Correction Deed
Definition
A Deed used to correct a prior erroneous deed; a deed of confirmation; a reformation deed.
Term
Counter Offer
Definition
An offer in response to the original offer, can be from a seller back to a buyer, or a buyer in response to the seller's response.
Term
Courtesy to Broker
Definition
The practice of sharing commissions with cooperating brokers; also, where a selling owner states he will give a commission to the buyer's broker.
Term
Covenant
Definition
An agreement written into deeds and other instruments which promises or guarantees that something shall or shall not be done; an agreement stipulating certain uses or non-uses of property.
Term
Credit
Definition
The acknowledgement of payment in a closing statement; the opposite of a charge or debit
Term
CRV
Definition
Certificate of Reasonable Value (VA)
Term
CRV
Definition
Certificate of Reasonable Value (VA)
Term
Cul-De-Sac
Definition
A passageway or street with only one outlet; a blind alley; a turn-around
Term
Curtesy
Definition
The right that a husband may have in his wife's estate at her death
Term
Customer Trust Fund
Definition
A reserve account with escrow, generally holding two months advance payment for taxes and insurance; Impound account.
Term
Debenture
Definition
A note or bond given as evidence of a debt; an unsecured note; that is, there is no collateral security
Term
Debit
Definition
A charge on a closing statement; opposite of a credit.
Term
Debt Service
Definition
The amount needed for payment of principal and interest on an amortized debt.
Term
Declaration
Definition
To make known openly and in definite terms; that which along with by-laws, defines the rules by which a condominium will exist.
Term
Dedication
Definition
To make known openly and in definite terms; that which, along with by-laws, defines the rules by which a condominium will exist.
Term
Deed
Definition
An instrument in writing, duly executed and delivered by the grantor that conveys to the grantee some right or interest in or to real estate.
Term
Deed of Trust
Definition
Similar to a mortgage but title is transferred to a trustee pending payment of the debt.
Term
Defeasance Clause
Definition
The clause in a mortgage that gives the mortgagor the right to redeem his property upon the payment of his obligation to the mortgagee, and declares the instrument null and void upon payment of debt when due; also found in leases.
Term
Defeasible Fee
Definition
A fee estate subject to being divested or voided.
Term
Deficiency Judgment
Definition
A judgment for the balance of a debt; issued when the net proceeds from the foreclosure sale are less than the indebtedness sued upon.
Term
Delivery
Definition
The act or intent of transferring an instrument from one person to another in such a way that it cannot be recalled.
Term
Demise
Definition
A conveyance of an estate to another for life, for years, or at will; to lease; "the demised premises."
Term
Descent
Definition
Ownership transferred by means of inheritance.
Term
Devise
Definition
A gift of realty by will.
Term
Devisee
Definition
One who receives a gift of real estate by will.
Term
Discount Points
Definition
A fee based on a percentage of a loan, charged by a lender, as a service charge, or as an amount needed to produce the same yield on a VA loan that the lender would receive in the conventional mortgage market; each point charged represents 1 percent of the loan amount and increases the interest rate by 1/8 of one percent.
Term
Dispossess Proceedings
Definition
A legal process by a landlord to remove a tenant and regain possession of real property due to some breach of lease agreeement by the tenant.
Term
Distraint
Definition
The right of a landlord to seize and hold possessions of a tenant, for rent in arrears, pursuant to a court order.
Term
Dominant Estate
Definition
An estate attached to and benefiting from the servient estate, eig., an easement runs over the servient estate and serves the dominants estate; also called dominant tenement.
Term
Dower
Definition
The one-third interest a wife may have in the property of her husband acquired prior to July 1, 1977; a life estate in 1/3 of the land the husband owns during the continuance of the marriage relationship and an absolute interest in 1/2 personal property.
Term
Dower Consummate
Definition
The completed dower; the right a wife may have in her husband's property upon his death.
Term
Dower Inchoate
Definition
The right of wife may have in her husband's property during his life.
Term
Due on Sale
Definition
A mortgage clause permitting acceleration of the loan if the mortgagor attempts to transfer title or interest to the secured property.
Term
Duress
Definition
Unlawful constraint or action against a person forcing him to perform some act against his will.
Term
Down Payment
Definition
The amount of cash paid by a buyer which, added to the mortgage amount, equals the total sales price. At the time of closing this is referred to as equity.
Term
Earnest Money
Definition
Initial payment made by a purchaser of real estate as evidence of good faith.
Term
Easement
Definition
A right, privilege or interest which one party has in the land of another.
Term
Easement Appurtenant
Definition
An easement that is attached to and runs with the land, it cannot exist apart from the particular land to which it is attached.
Term
Easement in Gross
Definition
An easement which encumbers the land, and is usually given to a quasi-public corporation, such as the electric or phone company.
Term
Easement by Prescription
Definition
A method of acquiring a right to a portion of property by lapse of time, in the manner of adverse possession.
Term
Economic Life
Definition
The period of time over which a property may be profitably used.
Term
Emblements
Definition
Trees or crops that are cultivated annually; the right of a tenant to harvest the annual crop even after his tenancy has ended.
Term
Encumbrance
Definition
A claim, lien, charge or liability attached to and binding upon real property that affects or limit the title or use thereof, e.g., mortgage, lien, easement.
Term
Equitable Title
Definition
Title of a purchaser under a contract of sale, or agreement of sale.
Term
Equity of Redemption
Definition
The right of an owner to reclaim property before it is sold through foreclosure proceedings by payment of the debt, interest and cost.
Term
Escalation Clause
Definition
A clause in a contract permitting an adjustment of certain payments up or down to cover certain contingencies; mostly found in agreements of sale, mortgages and leases.
Term
Escheat
Definition
The reverting of property to the state when heirs capable of inheriting are lacking; or the property is abandoned.
Term
Estate
Definition
The degree, quantity, nature, and extent of interest a person has in real property.
Term
Estate for Years
Definition
A lease; an interest in land by virtue of a contract for the possession for a definite and limited period of time.
Term
Estoppel
Definition
A doctrine that bars one from asserting rights that are inconsistent with a previous position or representation e.g. the seller of an apartment building may ask the tenants to sign lease estoppel agreements stating the amount of rent and security deposits.
Term
Exchange Agent
Definition
A person who operates an exchange program in timesharing projects.
Term
Exclusive Agency
Definition
A written instrument giving one agent the right to sell property for a specified time, but reserving the right of the owner to sell the property himself without the payment of a commission.
Term
Exclusive Right to Sell
Definition
A written agreement between owner and agent giving agent the right to collect a commission if the property is sold by anyone during the term of his agreement.
Term
Executor
Definition
A person named in a will to carry out its provisions as to the disposition of the estate of a deceased person; a personal representative.
Term
Executory Contract
Definition
A contract not yet fully performed; e.g., DROA, vs a Executed Contract which is fully performed.
Term
Federal Home Loan Mortgage Corporation (FHLMC)
Definition
A Federal agency which buys mortgages in the secondary money market from commercial banks and federally insured savings and loan associations; "Feddie Mac"
Term
Federal Housing Administration (FHA)
Definition
An agency of the Federal Government that insures certain real estate loans.
Term
Federal National Mortgage Association (FNMA)
Definition
An agency formerly of the Federal Government that buys and sells mortgages in the secondary money market: "Fannie Mae"
Term
Fee Conditional
Definition
An estate granted absolutely but only so long as a specified event occurs or does not occur.
Term
Fee Simple
Definition
An estate in real property, by which the owner has the greatest power over the title which it is possible to have, being an absolute estate; an estate of inheritance belonging to the owner, that he may dispose of, trade, or will, as he chooses.
Term
Fee Tail
Definition
An estate that is inheritable by particular lineal heirs. Upon lack of such heirs the estate reverts back to the grantor or his heirs.
Term
FIRPTA
Definition
Federal Investment Real Property Tax Act. An amount withheld from the sale of Hawaii property when the seller is a foreigner.
Term
FIRREA
Definition
Financial Institutions Reform, Recovery and Endorsement Act. An act requiring appraisers be certified or licensed.
Term
Right of First Refusal
Definition
A right, usually given by an owner to a lessee, which gives the lessee the first chance to buy the property if the owner decides to sell. The owner must have a legitimate offer that the lessee can then match or refuse.
Term
Fixture
Definition
An article of personal property which has been installed in or attached to land or a building thereon, in such a manner, that it is now considered to be a part of the real estate.
Term
Freehold
Definition
An estate in real property for an indefinite and uncertain time, such as a fee simple or a life estate.
Term
Gap Loan
Definition
Any loan filling the deficiency created when the permanent financing and the equity are unable to cover the total cost of a project.
Term
General Lien
Definition
A lien that attaches to all property owned by the debtor.
Term
Good funds Act
Definition
Requires Escrow to clear all funds and checks before closing.
Term
Government National Mortgage Association (GNMA)
Definition
A federal agency that provides special assistance for federally-aided housing programs; active in the secondary money market for government subsidized housing programs; "Ginnie Mae"
Term
Graduated Lease
Definition
A lease that provides for periodic increases of rent at regular intervals.
Term
Graduated Mortgage
Definition
One where monthly payments start low and increase later. An FHA245 is one of these.
Term
Grant
Definition
A transfer of real property.
Term
Grantee
Definition
The Purchaser; the person to whom an interest in realty is conveyed.
Term
Grantor
Definition
The seller; the person who conveys an interest in realty by deed.
Term
Grantor/Grantee Index
Definition
Books found in Bureau of Conveyance showing respective grantor to grantee; or grantee to grantor by year, alphabetically.
Term
GRI
Definition
The professional designation of Graduate, Realtors Institute, earned by completion of prescribed courses of study conducted by state boards of Realtors.
Term
Ground Lease
Definition
A lease for the use of the land, usually providing for improvements to be placed on the land by the user.
Term
Gross Lease
Definition
A lease of property in which the lessor meets all property charges incurred through ownership.
Term
Ground Rent
Definition
The net rent paid for a parcel of unimproved land; that portion of the total rental is considered to represent a return upon the land only.
Term
Habendum Clause
Definition
The portion of a deed beginning "to have and to hold", which usually follows the granting clause, and explains or limits the estate granted.
Term
HARPTA
Definition
Hawaii Real Property Tax. An amount withheld from sale of Hawaii property belonging to a non-resident seller
Term
Hereditaments
Definition
Every sort of inheritable property, whether corporeal, incorporeal, real, personal or mixed.
Term
Highest and Best Use
Definition
That use of land, which at the time of an appraisal is most likely to produce the greatest net return over a given period of time.
Term
Holographic Will
Definition
A will written in hand by the person leaving the will and not witnessed.
Term
Homestead
Definition
A right given to a householder or head of a family to designate real estate as his homestead and said homestead is exempt, up to a stated amount, from execution by his creditors; a tract of land whose ownership has been established under the provisions of the Homestead Act.
Term
Homogeneous
Definition
The same or similar kind, as used in appraising; homogeneity tends to stabilize values in an area.
Term
Hypothecate
Definition
To place property as security; to mortgage.
Term
Implied Authority
Definition
The authority an agent is assumed to have because of a course of conduct, or which is inferred from the fact that he has been authorized to perform certain acts.
Term
Impound Account
Definition
A reserve account required by lenders, usually equal to two months taxes and hazard insurance, to cover future payments of taxes, insurance or cover any increases in these amounts; Also, reserve account; or customer trust fund
Term
Improvements
Definition
All real estate except land. Includes buildings, fixtures, fences, curbs, sewers, etc.
Term
Inchoate
Definition
Incomplete; not perfected.
Term
Incorporeal
Definition
Intangible; without physical existence.
Term
Indefeaseible
Definition
Not capable of being annulled or voided; irrevocable
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