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Chapters 5-10
Real Estate MidTerm Study Cards
42
Real Estate & Planning
Not Applicable
07/09/2014

Additional Real Estate & Planning Flashcards

 


 

Cards

Term
Bulk Zoning
Definition
Limits population growth and density also employs set backs
Term
Directive Zoning
Definition
encourage the highest and best use of land
Term
Variance (Exception)
Definition
To use the land for a purpose that does not apply with its current use designation
Term
Abatement
Definition
Non Compliance with code court order
Term
Implied Agency
Definition
buyer by words and/or actions the buyers feels the broker is acting on their behalf when in fact that is not the intent
Term
Frank Dodd
Definition
Full and complete disclosure by developers to perspective purchasers before commitment to buy 7 days cooling period
Term
Floor area Ratio
Definition
add square footage of each story of the building/square footage of the land
Term
Tax Abatement
Definition
Temporary suspension of property taxes used to encourage economic development
Term
Block Busting
Definition
inducing owners to sell leading them to believe that minorities are moving into the area
Term
Red Lining
Definition
denying credit or varying terms for different individuals
Term
Jones vs Mayer
Definition
Landmark decision affirmed that the 1866 decision still valid and enforceable
Term
Do Not Call
Definition
-Telemarketers have 31 days
-business relationship have 18 months since last transaction
-consumer inquiry has 3 months from date of last inquiry
-Opt out request must be honored in 10 days.
Term
Actual Fraud
Definition
Intentional and deliberate
Term
Agency Law
Definition
body of common law that surrounds the situation when the principal delegates to an agent the right to act on their behalf and exercise discretion
Term
Procuring Cause
Definition
The broker who earns the commission in an Exclusive right to sell might have to prove right of compensation by procuring cause
Term
Spot Zoning
Definition
permits a small area to have a use inconsistent with the surrounding area
Term
Ostensible Agency
Definition
Third party relies on the principal's expressed or implied representation That a certain person is his/her agent even though an agreement never exist
Term
Revocation
Definition
the principal can terminate an agency agreement
Term
enforceable
Definition
contract creates obligations each party needs to fulfill parties may be forced to perform
Term
Georgia Uniform Deceptive Trade Practices Act (UDTPA)
Definition
Deals with Price Fixing
Term
Mrs. Murphy's Exemption
Definition
no discriminatory advertising no broker used if renting in an owner occupied building four unit or less
Term
Renunciation
Definition
agent terminates agreement
Term
Incapacity
Definition
bankruptcy or judged to be legally incompetent
Term
Georgia Stigmatized Property Law
Definition
Not required if customer unless customer asks.
If buyer is a client allegiance to disclose any relevant facts including the property is psychologically impacted.
Term
Unlawful Detainer
Definition
When a tenant has been notified to move and refuses landlord must file
Term
Voidable
Definition
All elements there however, one or more of the elements may be removed at the option of the party. only the injured party can recind
Term
Exclusive agency listing
Definition
listed with one broker however the owner can sell him/herself with no obligation to pay commission
Term
Statue of Frauds
Definition
State Laws real estate contracts must be in writing exception leases one year or less must be in writing to be enforceable
Term
Valid contract
Definition
contains the four elements

-competent
-mutual asset
-consideration
-lawful purpose
Term
Down Zoning
Definition
rezoning of a parcel to a lower density or less profitable use
Term
constructive communication
Definition
When received or when sent if written in if no means in contract notice shall be communicated by the same method as the offer
Term
Novation
Definition
substituting one for another (new contract)
Term
void contract (is not a contract)
Definition
one of the four elements missing
Term
unenforceable
Definition
contract was valid when made except cannot be proven or cannot be enforced by law
Term
Georgia Fair Business Practices Act (FBPA)
Definition
Deceptive advertising
Term
Negative Fraud
Definition
concealment of important information
Term
Constructive eviction
Definition
tenant leaves landlord has violated
Term
innocent misrepresentation
Definition
Honest mistake based on misinformation no deceit or intention
Term
Parole Evidence Rule
Definition
Written agreement always take precedence
Term
Ejectment
Definition
legal action against holdover tenant
Term
Constructive Fraud/negligent misrepresentation
Definition
no intent to mislead however facts are misrepresented when the person could have found out
Term
Proprietary lease
Definition
Cooperative owners
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