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FL Real Estate Definitions
FL Real Estate Vocabulary
321
Real Estate & Planning
Undergraduate 1
01/26/2019

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Term
Absentee Owner:
Definition
A property owner who does not reside on the property and who usually relies on a property manager to oversee the investment
Term
Abstract of Title:
Definition
A compilation of the recorded documents relating to a parcel of land from which an attorney may give an opinion as to the condition of title (a history of title)
Term
Acceleration Clause:
Definition
A condition in a loan contract that permits the lender to require immediate repayment of the entire loan balance of the loan if the contract is breached or conditions for repayment occur, such as sale or demolition
Term
Acknowledgment:
Definition
A written declaration by a person signing a document, given before an officer authorized to give an oath (notary public), stating that the signing is the person’s voluntary act
Term
Actual notice:
Definition
Giving oral or written notice, presenting a deed, giving verbal notice, or physically moving into a property
Term
Ad Valorem:
Definition
According to value; annual real estate taxes are ad valorem taxes
Term
Adjustable Rate Mortgage (ARM):
Definition
A mortgage loan with a calculated interest rate
that may increase or decrease during the term of the loan
Term
Adverse Possession:
Definition
A method of acquiring title by possession under open, notorious,
exclusive, and hostile conditions for seven or more years
Term
Agent:
Definition
A person authorized by a principal to act on the principal’s behalf
Term
Amortized Mortgage:
Definition
A mortgage loan that is fully repaid according to a periodic and consistent schedule that includes both principal and interest
Term
Appraisal:
Definition
A supported, defended estimate of the value of property rights as of a given date
Term
Appreciation:
Definition
An increase in a property’s value
Term
Arrears:
Definition
When payment is due at the end of the term
Term
Asbestos:
Definition
A fire resistant material believed to be carcinogenic
Term
Assemblage:
Definition
The bringing together of two adjoining parcels of property under one ownership
Term
Assessed Value:
Definition
A property’s value for ad valorem tax purposes as established by the county property appraiser
Term
Assignment:
Definition
A transfer to another of any property, real or personal, or of any rights or estates in said property
Term
Assumption:
Definition
The taking over of an existing mortgage by a buyer
Term
Balloon Payment:
Definition
A final installment payment on a note that is much larger than the previous monthly payments on the note
Term
Base Line:
Definition
The horizontal line that runs east and west through Tallahassee that is the starting point for all other horizontal lines north and south of Tallahassee
Term
Basis:
Definition
The purchase price plus closing costs and other added improvements
Term
Benchmark:
Definition
Survey mark made which is permanently fixed in the ground showing the height of that point in relation to sea level
Term
Bilateral Contract:
Definition
A contract in which both parties enter into mutual promises
Term
Biweekly Mortgage:
Definition
Mortgage payments that are made every other week (26
payments year)
Term
Blanket Mortgage:
Definition
A mortgage that is secured by two or more items of real property
Term
Blind Advertisement:
Definition
An advertisement of a principal’s property providing only a telephone number, a post office box, and/or an address without the licensed name of the brokerage firm
Term
Blockbusting:
Definition
The illegal practice of inducing homeowners to sell their property by making misrepresentations regarding the entry or prospective entry of minority persons in order to cause a turnover of properties in the neighborhood; discriminatory acts against sellers
Term
Broker:
Definition
One who is licensed by the State of Florida to carry on the business of dealing in real estate; a broker may receive a commission for his or her part in bringing together parties in a real estate transaction
Term
Broker Associate:
Definition
An individual qualified to be issued a broker’s license but who operates as a salesperson in the employ of another
Term
Buffer Zone:
Definition
A parcel of land separating two other parcels or areas, such as a parcel of land between residential and commercial properties
Term
Building Code:
Definition
Codes adopted by local governments governing acceptable building construction standards and materials
Term
Building inspection:
Definition
Performed by local government inspectors before a certificate of occupancy is issued to assure that the structure satisfies code requirements
Term
Building permit:
Definition
Written authority by a unit of government (county or city) for the construction of a new building or other improvement or for the repair or demolition of an existing structure
Term
Business Opportunity Brokerage:
Definition
The marketing and sale of a going-concern operation; Florida requires that business brokers have a real estate license to market business opportunities
Term
Buyer’s Market:
Definition
The supply of available properties exceeds the demand
Term
Cancelled:
Definition
License status of salesperson when employing broker’s license is ineffective or void
Term
Capital Gain:
Definition
The positive difference between the sales price and the basis of the property after appropriate adjustments for fix-up expenses, closing costs, allowable depreciation, etc., (taxable profit)
Term
Casement:
Definition
A window hinged on its side so that it can swing open
Term
Cash Flow:
Definition
The resulting amount when annual debt service, tax liability, and capital improvement costs are subtracted from net operating income
Term
Caveat Emptor:
Definition
“Let the buyer beware”
Term
Cease to be in force:
Definition
If a broker or real estate school changes its business address
or if a real estate licensee or real estate instructor changes their employer without notifying the DRE within 10 days
Term
Certificate of Occupancy:
Definition
Issued after construction is substantially completed
indicating that the premises are habitable
Term
Chain of Title:
Definition
The chronological order of conveyance of a parcel of land from the original owner to the present owner
Term
Check:
Definition
A 24-mile square that is created when a guide meridian and a correction line intersect
Term
Citation:
Definition
A minor infraction of the license law that generally results in a small fine
Term
Commingle:
Definition
To mix together money or a deposit with personal funds; combine
Term
Committee’s Deed:
Definition
Utilized when the grantor is mentally incompetent
Term
Comparative Market Analysis (CMA):
Definition
An informal estimate of market value performed
by a real estate licensee for the seller to assist in arriving at an appropriate listing price, or, if working with the buyer, an informal estimate of market value to assist the buyer in arriving at an appropriate offering price
Term
Compensation:
Definition
Any form of remuneration, payment, or value
Term
Competent:
Definition
Having the mental and age capacity to enter into a contract
Term
Complaint:
Definition
A charge or accusation that a licensee has committed a specified offense
Term
Concurrency:
Definition
A state mandate that infrastructure needed to support additional growth must be in place before any new development is permitted
Term
Condominium:
Definition
Single unit ownership in a multiple unit dwelling
Term
Conflicting Demands:
Definition
When the buyer and seller make demands for a deposit
Term
Conforming Loan:
Definition
A loan that meets FNMA and FHLMC borrowing requirements
Term
Consent to Transition:
Definition
A written requirement when a licensee is moving from a
single agent relationship to a transaction broker
Term
Constructive Notice:
Definition
Notice given by publishing in a newspaper, public records, or
other method
Term
Contract:
Definition
An agreement between two or more competent parties, supported by consideration, to do, or not to do, a certain legal act
Term
Contract for Deed:
Definition
An instrument by which a prospective buyer pays for a property in installments; legal title is conveyed in the future after payment of the full price or an otherwise specified amount
Term
Conversion:
Definition
An unauthorized act of using the funds or property of another for one’s own use
Term
Cooperative:
Definition
Form of real property ownership where a corporation or association divides a single property into portions with each user owning stock in the corporation
Term
Corner Lot:
Definition
A parcel of land contiguous to two intersecting streets
Term
Corporation:
Definition
An artificial or fictitious person formed to conduct specified types of business activities
Term
Cost-depreciation Approach:
Definition
A method for estimating the market value of a
property based on the cost to buy the site and to construct a new building on the site, less depreciation
Term
Credit:
Definition
On a closing statement, credit refers to money that is paid or payable
Term
Cul de sac lot:
Definition
Lot located at the end of a street which ends in a rounded, closed end to provide for U-turns
Term
Culpable Negligence:
Definition
Being negligent in a manner that causes a customer or client
monetary damages.
Term
Curable:
Definition
If corrections of a deficiency or defect result in as much added value to a property as the cost to correct the deficiency or defect
Term
Customer:
Definition
A person who is or may be a seller or buyer of real property and may or may not be represented by a licensee
Term
Debit:
Definition
On a closing statement, debit refers to money that is owed or a payment
Term
Debt Service:
Definition
Annual mortgage payments, including principal and interest
Term
Declaration:
Definition
The recorded document that creates a condominium
Term
Dedication:
Definition
A deliberate transfer of land by its owner for public use and accepted for such use by the public
Term
Deed:
Definition
Any one of many conveyance or financing instruments, but generally a conveyance instrument given to pass title to property upon sale
Term
Deed in Lieu of Foreclosure:
Definition
A deed from an owner to a mortgage lender to avoid
the necessity of a foreclosure lawsuit
Term
Deed Restriction:
Definition
Limitations on the use of property placed in a deed by the grantor which binds all future owners
Term
Demand:
Definition
The quantity of goods or services wanted by consumers
Term
Depreciation:
Definition
A decline or loss in value for any reason
Term
Designated Sale Associate:
Definition
A single agent for different parties in the same nonresidential transaction; the buyer and seller must have assets of $1 million or more and sign disclosures stating their assets meet the required threshold
Term
Discount Point:
Definition
Pre-paid interest charged by the lender at the time of closing; a discount point is equal to 1% of the loan amount
Term
Disintermediation:
Definition
When depositors withdraw money from savings for direct investment with a borrower
Term
Dormer:
Definition
A roof section that rises vertically above the main roofline
Term
Double Hung:
Definition
A type of window that opens vertically from the top to bottom
Term
Dual Agent:
Definition
Representing both principals in a transaction
Term
Due-On-Sale Clause:
Definition
A mortgage clause that causes the entire loan balance to become due upon the sale of the property
Term
Earnest Money Deposit:
Definition
Money given as evidence of good faith to accompany an
offer to purchase or rent
Term
Easement:
Definition
The legal right that a party has to use another’s property
Term
Economic Life:
Definition
The total period over which improvements to real estate contribute to the value of the property
Term
Eminent Domain:
Definition
The legal right that government and quasi-government agencies have to take property from individuals for public use
Term
Encroachment:
Definition
A physical intrusion or trespass that can be detected by an up-to-date survey
Term
Environmental Impact Statement (EIS):
Definition
A report of the probable effect of a development on the surrounding area
Term
Equity:
Definition
The difference between the market value of a property and the mortgage debt
Term
Equity of Redemption:
Definition
The right of a mortgagor, before a foreclosure sale, to reclaim
forfeited property by paying the entire indebtedness
Term
Escheat:
Definition
When a person dies intestate (without a will) and with no heirs, all real and personal property transfers to the state of Florida
Term
Escrow:
Definition
A depository account in a bank, trust company, title company or attorney having trust powers, credit union, or savings and loan association within the state of Florida where funds are placed and held in trust until disposition is authorized
Term
Escrow Account:
Definition
A depository account in a bank, title company, credit union, savings association, or trust company used solely for safekeeping customer funds and not for deposit of personal funds; impound account
Term
Estate for Years:
Definition
A lease that has a beginning date, has an ending date, and is in writing
Term
Estoppel Certificate:
Definition
A written statement by a mortgagee verifying the balance due on the mortgage
Term
Exculpatory Clause:
Definition
The borrower is not personally responsible for the debt (a non-
recourse loan); the lender will not seek a deficiency judgment
Term
Exclusive Agency Listing:
Definition
Listing agreement whereby the seller may find a buyer without owing a commission although the seller agrees not to list the property with any additional brokers
Term
Exclusive Right of Sale:
Definition
Listing agreement whereby the broker earns a commission
no matter who procures the buyer
Term
Exempt Property:
Definition
Real property excused for payment of ad valorem taxes
Term
Familial Status:
Definition
Refers to the status of a pregnant woman or a family with children under 18 years of age
Term
Farm Area:
Definition
A selected and limited geographical district to which a salesperson devotes special attention and study
Term
Federal Related Transaction:
Definition
Any loan that is insured, guaranteed, or funded by the federal government or a federally chartered institution
Term
Fee Simple Estate:
Definition
The most popular type of estate with the greatest “bundle of rights” available
Term
Fiduciary:
Definition
A person in a position of utmost trust and confidence with respect to another person
Term
Fixed Window:
Definition
A glass window with no movable parts
Term
Fixture:
Definition
Personal property that is permanently attached to real property
Term
Flat Roof:
Definition
A roof that is almost level except for a slight grading for drainage
Term
Florida Resident:
Definition
A person who has resided in Florida for at least four months or a person who is residing in Florida with an intent to remain for at least four months
Term
Follow-Up:
Definition
A post-closing communication initiated by a licensee to maintain customer contact and goodwill
Term
Formal Complaint:
Definition
An outline of charges brought by the DBPR against an applicant or licensee after a finding of probable cause
Term
Freehold Estate:
Definition
An estate that consists of ownership rights of an unknown duration
Term
Further Assurance:
Definition
The grantor agrees to obtain and deliver any legal documents or instruments that might be required to clear title in the future
Term
Gable:
Definition
A roof with two sloping edges of approximately equal size
Term
Gambrel:
Definition
A roof with two sloping edges with the lower edge being more inclined
Term
General Agent:
Definition
An agreement whereby the agent represents and may bind the
principal on transactions falling within a specific range of activities
Term
General Partnership:
Definition
Two or more parties in business together, each to share the
profits and losses of business
Term
General Warranty Deed:
Definition
The most common type of conveyance instrument with full
covenant and warranty
Term
Going Concern Value:
Definition
The value of a business considered as an operating enterprise as opposed to its value merely as a collection of assets and liabilities
Term
Good Faith Doubt:
Definition
When circumstance creates the overwhelming belief that a dispute may occur
Term
Goodwill:
Definition
An intangible asset (value) of a business based on its reputation or expectation of customer loyalty
Term
Government Survey System:
Definition
A method of describing land developed by the U.S.
Government using surveying lines; the entire state of Florida is mapped out in a large checkerboard
Term
Grantee:
Definition
The person or party receiving the deed
Term
Granting Clause:
Definition
Words of conveyance found in the premises clause
Term
Grantor:
Definition
The person or party giving the deed
Term
Gross Lease:
Definition
A lease in which a tenant pays a specified rent payment and the landlord pays any operating expenses required for maintenance
Term
Gross Rent Multiplier (GRM):
Definition
The quotient of the sales price by the monthly gross rent
Term
Ground Lease:
Definition
A lease on the land only
Term
Group License:
Definition
License issued to sales associates and broker associates when there is proof that ownership or control of various properties is substantially held by the same individual(s), although the properties are owned in the name of different interlocking or affiliated entities
Term
Guardian’s Deed:
Definition
Utilized when the grantor is under 18 years of age
Term
Habendum:
Definition
The clause in which the type of estate is declared (i.e.: fee simple)
Term
Handicap Status:
Definition
Federal or state status for an individual unable to perform mental or physical functions under normal conditions
Term
Health Ordinance:
Definition
Local laws that protect the health and well-being of the citizens in a community
Term
Highest and Best Use:
Definition
A principle of value that focuses on a property’s most profitable, legal use
Term
Hip:
Definition
A roof with four sloping sides that rise to meet a ridge; usually found on garages or church steeples; sometimes referred to as a pyramid roof
Term
Home Equity Loan:
Definition
A mortgage secured by a personal residence up to the value of the mortgagor’s equity
Term
Homestead:
Definition
The dwelling of the head of household that is afforded certain privileges such as protection from judgment liens and a special real estate tax exemption
Term
Horizontal Sliding:
Definition
Type of window or door that opens horizontally
Term
Household:
Definition
One individual, or a group of individuals, living in one dwelling unit
Term
Immune Property:
Definition
Real property that is never assessed or required to pay ad valorem taxes, such as government buildings
Term
Income Capitalization Approach:
Definition
A method for estimating the market value of a
property based on the income the property can be expected to generate
Term
Incurable:
Definition
When the cost of curing a deficiency or defect is greater than the value added by the cure
Term
Index:
Definition
Financial indicator that will be the basis for an adjustable rate mortgage interest fluctuation
Term
Ineffective:
Definition
When a license is suspended, cancelled, or ceases to be in force
Term
Installment Sale:
Definition
When the buyer pays the purchase price over time in separate
installment payments
Term
Insulation:
Definition
Materials that hinder the passage of sound, cold, heat, or electricity
Term
Interest:
Definition
The price paid for the use of borrowed money
Term
Interior Lot:
Definition
Parcel of land not located on a corner
Term
Intermediation:
Definition
The process of depositing funds in financial institutions that serves as “intermediaries” for flow of funds for investment and borrowing
Term
Interpleader:
Definition
A legal proceeding where the disputed money is deposited with the Court and the Judge decides who should receive the money
Term
Intestate:
Definition
When a person dies without a will
Term
Involuntary Inactive:
Definition
A licensee fails to renew his or her license in a timely manner
Term
Jalousie:
Definition
Fixed or adjustable slats (louvers) in a door or window
Term
Joint Tenancy:
Definition
Ownership by two or more persons with the “unities” of time, title, interest, and possession present plus the right of survivorship
Term
Just Value:
Definition
A fair and reasonable value; the property appraiser is required to assess properties at their just value
Term
Key Lot:
Definition
A strategically located lot and the location ads value to itself and adjacent lots. Also, a lot adjacent to a corner lot along the rear property line with frontage along the secondary street
Term
Kickback:
Definition
A portion of monies received because of an agreement for referring a party to a particular vendor for services
Term
Land Contract:
Definition
An agreement in which the seller of real estate obligates him or herself to deliver a merchantable title to the buyer upon buyer’s performance of certain agreed upon conditions such as payment of a certain number of installment payments; also known as a Contract for Deed
Term
Land:
Definition
Actual surface of the subject property
Term
Leasehold Estate:
Definition
An interest in real property where ownership or possession is
measured in calendar time (non-freehold estate)
Term
Legal Description:
Definition
A method of geographically identifying a parcel of land which is acceptable in a court of law
Term
Legally Sufficient:
Definition
When the initial complaint alleges a violation of any Florida Statute, DBPR rule, or FREC rule
Term
Level Payment Plan:
Definition
A method for amortizing a mortgage whereby the borrower pays the same amount each month
Term
Leverage:
Definition
The use of borrowed funds to finance the purchase of an asset
Term
License:
Definition
A document issued by the Department of Business and Professional Regulation which certifies that the licensee is or was duly licensed on the effective
date shown
Term
Lien:
Definition
An encumbrance against a property for money, either voluntary or involuntary
Term
Lien Theory:
Definition
Legal concept that regards a mortgage as a just claim (lien) on specific property pledged as security for a mortgage debt
Term
Life Estate:
Definition
An ownership in real property that is tied to the death of a pre-determined party
Term
Lifetime Cap:
Definition
Sets the upper and lower interest limits for an adjustable rate mortgage
Term
Like Kind Exchange:
Definition
An exchange of one property for another with a deferral of tax
consequences; also known as a “1031 exchange”
Term
Limited Liability Company:
Definition
A business entity that may operate a real estate
brokerage having characteristics similar to a partnership and a subchapter “S” corporation
Term
Limited Liability Partnership:
Definition
An alternative, hybrid business entity with the
combined characteristics and benefits of both limited partnerships and “S” corporations
Term
Limited Partnership:
Definition
A business entity consisting of one or more general partners
and one or more limited partners
Term
Limited Representation:
Definition
A broker who offers to buyers and/or sellers representation
as a transaction broker without offering full fiduciary duties
Term
Liquidated Damages:
Definition
A specific dollar amount of damages to be paid by a breaching
party as specified in the contract
Term
Liquidation Analysis:
Definition
Comparing the value of assets to liabilities, the difference
typically representing minimum value
Term
Liquidity:
Definition
The ability to convert assets to cash or its equivalent within a reasonable period of time
Term
Lis Pendens:
Definition
Constructive notice of a pending legal action
Term
Loan Origination Fee:
Definition
A separate fee charged by a mortgage lender added to the closing costs of the buyer
Term
Loan Servicing:
Definition
Collecting and processing payments on behalf of the mortgagee
Term
Loan-to-Value Ratio:
Definition
The relationship between the loan amount to the value of a
property
Term
Lot and Block:
Definition
A common type of legal description used for single-family properties located in subdivisions (recorded plat maps)
Term
Mansard:
Definition
A four-sided roof with each side having two separate slopes of different angle degrees; the lower slope is at a steeper angle than the upper slope
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Term
Margin:
Definition
The additional rate of interest charged over and above the index rate in an adjustable rate mortgage
Term
Market Value:
Definition
The most probable price a property will bring from a fully informed buyer, willing but not compelled to buy, and the lowest price a fully informed seller will accept if not compelled to sell
Term
Marketable Record Title Act:
Definition
If a continuous chain of title has existed for at least 30 years, any potential title defect more than 30 years old is considered cured
Term
Meeting of the Minds:
Definition
An agreement and understanding between the parties concerning the intent of their contractual terms
Term
Metes and Bounds:
Definition
The most accurate method to legally describe both regular and irregular shaped parcels of real estate and is based on distances (metes) and directions (bounds); also known as the “surveyor’s system”
Term
Mill:
Definition
One one-thousandth (.001)
Term
MIP:
Definition
Mortgage Insurance Premium; payment for mortgage insurance which protects the lender in the event of default
Term
Monument:
Definition
An object used to establish boundaries (both natural and man-made)
Term
Mortgage:
Definition
A document providing written evidence of a creditor’s right to have a debtor’s real property sold upon default and foreclosure
Term
Mortgagee:
Definition
The lender; the one to whom the property is pledged
Term
Mortgagor:
Definition
The borrower; the one pledging the collateral as security for a debt
Term
Multiple License:
Definition
Additional license(s) issued to a broker when necessary for the
conduct of brokerage business
Term
Negative Amortization:
Definition
When the monthly payment is insufficient to pay the
accumulated interest for that month resulting in an increase in the amount of the principal
Term
Net Lease:
Definition
A lease in which the tenant pays a specified rent plus a portion of typical landlord costs
Term
Net Listing:
Definition
A listing agreement whereby the broker keeps any funds over a definite net amount to be received by the seller
Term
Nolo Contendre:
Definition
A plea of no contest entered in a criminal court of law
Term
Nonconforming Loan:
Definition
A loan that does not meet FNMA and FHLMC borrowing
requirements
Term
Nonconforming Use:
Definition
A use of property which no longer conforms to the current
zoning regulations, but its continued use is allowed because the use was lawfully established and maintained prior to the change in zoning
Term
Non-Representation:
Definition
Real estate brokers working with buyers and/or sellers but not representing them as single agents or transaction brokers; if a buyer or seller chooses not to be represented, a licensee can still work with them
Term
Note:
Definition
Legal evidence of a debt that must accompany a mortgage in Florida; a legally
executed pledge to pay a stipulated sum of money
Term
Notice of Non-Compliance:
Definition
A warning that allows a licensee 15 days to correct a
minor infraction without consequence
Term
Novation:
Definition
Substitution of a new contract for an existing contract between the same or different parties
Term
Open Listing:
Definition
Listing agreement whereby the seller promises to pay a broker a commission if that broker procures a buyer; the seller may sell the property without owing a commission, and the seller may enter an open listing with several different brokers simultaneously
Term
Option:
Definition
A right, given as a continuing offer, to purchase real property upon specific terms within a given period of time
Term
Ostensible Partnership:
Definition
A partnership formed, not by agreement, but by the representations or conduct of two or more parties that cause others to believe that a partnership exists; the parties become liable for the actions of the other
Term
Overimprovement:
Definition
An addition or change to a property not consistent with its highest and best use, or a betterment that costs more than the value added to the property
Term
Package Mortgage:
Definition
A debt secured by pledge of both real property and personal property such as range, refrigerator, or furniture
Term
Partially Amortized Mortgage:
Definition
Mortgage loan repayment with equal monthly payments, but with a large balloon payment due at the end of the term
Term
Percentage Lease:
Definition
A lease in which a tenant pays a specified rent to the landlord plus a percentage of the income the property generates
Term
Periodic Cap:
Definition
Limits the time period interval for ARM interest rate adjustments
Term
Personal Property:
Definition
All property that is not real property such as a car, a boat, stocks, or a mortgage; also known as a chattel
Term
Personal Representative’s Deed:
Definition
Utilized when the grantor is deceased
Term
PITI:
Definition
A mortgage payment that includes principal, interest, taxes, and insurance
Term
Planned Unit Development:
Definition
Residential project with mixed land uses and high
residential density
Term
Plottage:
Definition
An increase in value of property experienced through assemblage
Term
Point of Beginning:
Definition
The reference point that is the starting place for all metes and
bounds legal descriptions
Term
Point of Contact Information:
Definition
Any means by which to contact the brokerage firm or
individual licensee including mailing address (es), physical or street address (es), e-mail addresses (es), telephone number(s), or facsimile telephone number(s)
Term
Police power:
Definition
Legislated power given to governments to protect the public’s health, safety, or welfare (zoning ordinances and building codes)
Term
Pre-closing Inspection:
Definition
On-site review and inspection of a property shortly before closing
Term
Prepayment Clause:
Definition
Mortgage provisions permitting the borrower to make loan payments in advance of their due dates
Term
Prepayment Penalty:
Definition
Mortgage provision that allows a monetary penalty to be imposed if the loan is paid off ahead of schedule
Term
Prima Facie Evidence:
Definition
Evidence that is valid and admissible on its face requiring no further proof of authenticity
Term
Principal:
Definition
A party employing the services of an agent
Term
Principal Meridian:
Definition
The north and south line that runs through Tallahassee and is the starting place for all other meridian lines that help measure distances east and west throughout Florida
Term
Principal of Substitution:
Definition
A valuation principle which states that a prudent purchaser
would pay no more for real property than the cost of acquiring an equally desirable substitute on the open market
Term
Private Mortgage Insurance (PMI):
Definition
Non-governmental mortgage insurance needed
to insure the portion of the mortgage balance that exceeds an 80% loan to value ratio
Term
Probable Cause:
Definition
Reasonable grounds or justification for prosecution
Term
Profit:
Definition
The difference between the selling price and the cost price of an asset
Term
Progression:
Definition
The tendency of a property to increase in value at a faster rate in order to conform to surrounding properties
Term
Property Management:
Definition
The process of directing, controlling, operating, and
maintaining real estate for a third party
Term
Property Report:
Definition
A brief summary of a subdivision property
Term
Proprietary Lease:
Definition
A lease that is created for individual use within a cooperative
Term
Prorate:
Definition
To apportion an expense between the buyer and seller so that each party pays his or her pro rata share
Term
Public Accommodation:
Definition
A hotel, motel, or other facility to which the general public has
access to
Term
Purchase Money Mortgage:
Definition
A mortgage given by the buyer as part or all of the
purchase price consideration for real property
Term
Quiet Enjoyment:
Definition
The grantor guarantees the grantee peaceful possession undisturbed by other claims of title
Term
Quitclaim Deed:
Definition
The grantor deeds property to the grantee but provides no warranty of title or promise of ownership; often used to cure defects in title
Term
Range:
Definition
A vertical strip of land six miles wide that runs north and south and helps determine distances east and west across Florida
Term
Range Line:
Definition
The vertical lines six miles apart that border a range
Term
Real Estate Brokerage:
Definition
A commercial activity in which the sale, purchase, leasing,
rental, exchange, or management of real property is conducted by qualified and licensed individuals acting either for themselves or for others for compensation
Term
Real Estate:
Definition
The land and all improvements permanently attached to the land (tangible)
Term
Real Estate Services:
Definition
Appraise, buy, advertise, rent, sell, auction, lease, and exchange (A BAR SALE)
Term
Real Property:
Definition
Real estate plus the legal “bundle of rights” that a person acquires by having an interest in real estate
Term
Recommended Order:
Definition
A final report prepared by an Administrative Law Judge (hearing officer) containing finding of facts, conclusions, and suggested penalties, if any.
Term
Reconciliation:
Definition
The process by which an appraiser evaluates, chooses, weighs, and selects from among two or more alternative conclusions or indications to reach a single answer (final value estimate)
Term
Redlining:
Definition
A lending institution’s illegal refusal to make mortgage loans in certain areas
Term
Registration:
Definition
Authorization by the state to place an applicant on the register (record) of officially recognized individuals and businesses
Term
Regression:
Definition
The tendency of a property to decrease in value, or at best, appreciate at a slower rate in order to conform to surrounding properties
Term
Remainderman:
Definition
When a life estate terminates, the property reverts to a pre- determined third party, not the original grantor
Term
Residential Sale:
Definition
A residential property up to four units, a vacant parcel zoned for residential up to four units, or agricultural property of 10 acres or less
Term
Reverse Annuity Mortgage:
Definition
A loan arrangement in which a lender makes payments to the borrower
Term
Right of Survivorship:
Definition
Surviving owners in a Joint Tenancy or Tenancy by the Entireties absorb all interest and rights in a property
Term
Right to Reinstate:
Definition
The ability to recover from default by bringing current all payments due
Term
R-Value:
Definition
Insulation rating number; the higher the R-value, the greater amount of resistance to temperature fluctuation is provided
Term
Sales Comparison Approach:
Definition
A method for estimating the market value of a property by comparing similar properties to the subject property
Term
Sales Associate:
Definition
A licensed individual who, for compensation, is employed by a broker or owner/developer
Term
Satisfaction of Mortgage:
Definition
Document signed by mortgagee indicating the entire loan is satisfied and the mortgage is discharged
Term
Section:
Definition
A one-mile square found within a township
Term
Seisen:
Definition
A statement of ownership or title to real property
Term
Seller’s market:
Definition
The demand is greater than the supply of homes available
Term
Single Agent:
Definition
A broker who represents either the buyer or the seller in a transaction but not both; the broker is the fiduciary of the party that is being represented
Term
Situs:
Definition
Relationships and influences created by location of a property which affect value (e.g., accessibility, personal reference)
Term
Sole Proprietorship:
Definition
Operating as an individual in business
Term
Special Agent:
Definition
The relationship between a principal and broker wherein the broker is acting for the principal in one specific transaction or activity only
Term
Special Assessment:
Definition
A one-time tax assessed against a property that will directly
benefit from some public improvement
Term
Special Exception:
Definition
An individual ruling in which a property is granted the right to a use otherwise contrary to law
Term
Special Flood Hazard Area:
Definition
Flood zones “A” and “V” are considered to be areas prone
to flooding at least 1% of the time each year
Term
Special Purpose Property:
Definition
Properties that are unique and have no comparable such
as a courthouse or church
Term
Statute of Frauds:
Definition
Body of law that states that certain types of contracts must be in writing to be enforceable
Term
Statute of Limitations:
Definition
Establishes time limits for filing litigation
Term
Steering:
Definition
The illegal practice of directing buyers to or from certain neighborhoods based on minority status; prohibited by federal, state, and local fair housing laws
Term
Sub-agency:
Definition
The relationship of a salesperson working under a broker’s supervision with the broker acting as a principal and the salesperson as an agent
Term
Subdivision Plat Map:
Definition
The layout of a subdivision showing lots, roads, and other
infrastructure by the developer to a local government agency
Term
Subdivision:
Definition
A tract of land partitioned into lots for homes or other uses and improved by roads, water and sewage systems, etc.
Term
Subject Property:
Definition
The real property under discussion or appraisal
Term
Subject to Mortgage:
Definition
A grantee taking title to real estate “subject to the mortgage” is not assuming personal liability to the mortgagee for the payment of the mortgage note; in the event of a default on payment of the note, the grantee could lose the property and any equity he has in the property in a foreclosure sale
Term
Sublease:
Definition
A tenant who transfers less than the entire leasehold estate
Term
Subordination agreement:
Definition
An agreement whereby the holder (mortgagee) of a higher priority mortgage agrees to subordinate or relinquish its priority position to an existing or subsequent mortgage
Term
Subpoena:
Definition
A legal process of ordering a witness to appear and testify before a court of law or formal administrative hearing
Term
Summary Suspension:
Definition
Emergency or immediate suspension of a license
Term
Supply:
Definition
The product (properties) that is available at any given time
Term
Tax Rate:
Definition
The millage rate; the tax rate is multiplied by the taxable value of a property to determine the levy
Term
Tax Shelter:
Definition
An investment that shields income or gain from payment of income taxes; a term used to describe some tax advantages of owning real property (or other investments), including postponement or even elimination of certain taxes
Term
Taxable Income:
Definition
Income that is subject to taxation
Term
Taxable Value:
Definition
Value of property for tax purposes determined by subtracting all exemptions from the assessed value
Term
Teaser Rate:
Definition
Below-market introductory rate for an adjustable rate mortgage
Term
Tenancy at Sufferance:
Definition
When a lease expires and no agreement has been made as
to future occupancy (the tenant is a holdover)
Term
Tenancy at Will:
Definition
A lease agreement that is not in writing or does not have a beginning date and an ending date or both (a month-to-month tenant)
Term
Tenancy by the Entireties:
Definition
Ownership of real property by husband and wife only
Term
Tenancy in Common:
Definition
Ownership of real property whereby the co-owners may or may not have acquired title at the same time, may or may not have the same interest and right of use, and do not have the right of survivorship
Term
Term Mortgage:
Definition
A mortgage loan that provides for periodic payments of interest only with a balloon payment at the end of the loan term
Term
Testate:
Definition
A person who dies with a will
Term
Time-Share:
Definition
Selling or leasing a single unit to multiple owners or tenants with specific rights to use
Term
Title Theory:
Definition
A concept in lending whereby title temporarily transfers to the mortgagee until the debt is repaid
Term
Title:
Definition
The evidence one has of ownership to real property
Term
Township Line:
Definition
The horizontal lines six miles apart that border a township (tier)
Term
Township:
Definition
A six-mile square area that is created when two six-mile wide bands called townships (tiers) and ranges intersect.
Term
Township or Tier:
Definition
The horizontal strip of land six miles wide that runs east and west and helps determine distances north and south across Florida
Term
Toxic Waste:
Definition
A hazardous substance found in soil or water
Term
Trade Name:
Definition
Any adopted or fictitious name used to designate a business concern
Term
Transaction Broker:
Definition
A broker who provides limited representation to either the seller or the buyer or both in a real estate transaction (no fiduciary requirements)
Term
UFMIP:
Definition
Up Front Mortgage Insurance Premium; lump-sum mortgage insurance premium paid at closing for FHA loans
Term
Underground Storage Tanks:
Definition
Below ground containers used typically for petroleum
product storage
Term
Unenforceable:
Definition
Status of a contract when it violates the Statute of Frauds
Term
Unilateral Contract:
Definition
A contract whereby only one party undertakes a promise or
obligation
Term
USPAP:
Definition
Rules and guidelines that must be followed by any professional conducting an appraisal
Term
Vacancy Rate:
Definition
The percentage of rental units unoccupied
Term
Valid:
Definition
When a contract satisfies all legal requirements
Term
Variable Lease:
Definition
The tenant pays rent based on a pre-determined index
Term
Variance:
Definition
An exception to strict compliance with zoning regulations or ordinances granted to relieve a hardship
Term
Void:
Definition
Having no legal force or binding effect
Term
Voidable:
Definition
Contract involving a minor or other incompetent party wherein the incompetent part has a choice to enforce or rescind the contract
Term
Voluntary Inactive:
Definition
When a licensee chooses not to have an active license or files the proper form with the DRE requesting inactive status
Term
Wraparound Mortgage:
Definition
Creating a new second mortgage (generally owner financing) that encompasses any existing mortgages
Term
Zero Lot Line:
Definition
Lot with no setback requirements
Term
Zoning Ordinance:
Definition
Local law that restricts the use of land to various classifications, such as residential and commercial
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