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Real Estate Exam
N/A
158
Real Estate & Planning
Professional
07/10/2014

Additional Real Estate & Planning Flashcards

 


 

Cards

Term
Person who adheres to the Code of Ethics of the National Association of REALTORS (NAR)
Definition
REALTOR
Term
Members of the National Association of Real Estate Brokers (NAREB)
Definition
Realists
Term
trade fixture
Definition
an article installed by a tenant under a commercial lease and removable before the lease expires
Term
annexation
Definition
conversion of personal property into real property
Term
another word for personal property
Definition
chattels
Term
the interests, benefits, and rights automatically included in the ownership of land and real estate
Definition
real property
Term
emblements
Definition
growing crops, such as corn and soybeans, that remain PERSONAL property
Term
trade fixtures are typically _____ from a mortgage
Definition
EXCLUDED (they are personal property)
Term
appurtenance
Definition
all of the rights, privileges, and improvements that belong to and pass with the transfer of property but are not necessarily a part of the actual property
Term
True/False: Lighting Fixtures are normally considered to be real property
Definition
TRUE!
Term
Mobile home
Definition
A term used for a factory-built home that was manufactured before 1976. (**AFTER 1976: MANUFACTURED HOUSING)
Term
replacement cost
Definition
cost of repairing damaged property without deduction for depreciation or annual wear and tear
Term
actual cash value
Definition
replacement value MINUS depreciation
Term
how to evaluate if a prospective buyer can afford a home
Definition
set limit on PITI (principal, interest, taxes, insurance) of 28% gross monthly income, and on TOTAL DEBT payments of 36% gross monthly income. Fool.
Term
single taxpayers are allowed to exclude ________ from capital gains tax for profits on the sale of a principal residence
Definition
$250,000 bitch
Term
under most homeowner's insurance policies, the insured is usually required to maintain insurance equal to at least ____ % of the replacement cost of the dwelling, INCLUDING THE PRICE OF THE LAND.
Definition
80%! 80! 80! 80!
Term
an agent who is authorize to represent the principal in ONE SPECIFIC act or business transaction, under detailed instructions
Definition
special agent
Term
an affiliation of trust and confidence as between a principal and an agent
Definition
fiduciary relationship
Term
common law agent duties
Definition

the responsibilities of CARE, OBEDIENCE, ACCOUNTING, CONFIDENTIALITY, LOYALTY, AND DISCLOSURE.

 

(COLDAC)

Term
caveat emptor
Definition
the common law doctrine of "let the buyer beware"
Term
When is a broker's commission payable in a normal transaction?
Definition
Once the deed is delivered
Term
a listing agreement in which the seller receives a specific dollar amount from the sales price, and the selling broker retains the balance as compensation
Definition
net listing. ILLEGAL IN MARYLAND, BITCHES
Term
eminent domain
Definition
the right of a government to acquire privately owned real estate for public use
Term
condemnation
Definition
the process by which the government exercises its right of eminent domain
Term
the automatic transfer of real property to the state when the owner dies without heirs or a will
Definition
escheat
Term
fee simple absolute
Definition
the highest interest in real estate recognized by law
Term
life estate pur autre vie
Definition
an estate based on the lifetime of a person other than the life tenant
Term
remainderman
Definition
the person to whom property passes when a life estate ends
Term
easement
Definition
the right to use another's land for a particular use
Term
an appurtenant easement is said to run with the land and this benefit transfers with the deed of the ______ tenement
Definition
dominant
Term
True/False: A merger terminates an easement
Definition
True
Term
What must exist for an an appurtenant easement to exist
Definition
two adjacent parcels, different owners
Term
a form of trust established by will after the owner's death
Definition
testamentary trust
Term
the three basic ways om which a fee simple estate may be held
Definition

in severalty

in co-ownership

in trust

Term
in a _____ , property is owned by two or more owners with the right of survivorship
Definition
joint tenancy
Term
the person who creates a trust is referred to as the ______
Definition
trustor
Term
in the case of land trusts, the beneficiary is usually also the ______
Definition
trustor
Term
type of legal description that relies on a property's physical features to determine and to describe the boundaries and measurements of the parcel
Definition
METES-AND-BOUNDS
Term
A land description based on principal meridians and base lines
Definition
rectangular survey system
Term
lines running 6 miles apart and parallel to the baseline
Definition
township lines
Term
lines running parallel to the meridian
Definition
ranges
Term
a system of description that uses numbered area referred to in a plat map
Definition
lot-and-block
Term
each township square contains ___ sections of ___ acres each
Definition

36 sections

640 acres each

Term
one section equals
Definition

one square mile

which equals 640 acres

Term
number of square feet in one acre
Definition
43,560 sf
Term
number of feet in one mile
Definition
5,280 ft
Term
equitable right of redemption
Definition
the right of a delinquent taxpayer to recover property BEFORE a tax sale
Term
statutory right of redemption
Definition
the right of a delinquent taxpayer to recover property after a tax sale
Term
a writ that permits a court to retain custody of a debtor's property until the creditor's lawsuit it concluded
Definition
attachment
Term
lis pendents
Definition
a notice of a possible future lien based on a lawsuit
Term
All liens are encumbrances but
Definition
not all encumbrances are liens
Term
to reveal any recorded liens, a property buyer should require a _____ before closing the real estate transaction
Definition
title search
Term
what is minimum consideration in a valid contract?
Definition
anything the parties agree is good and valuable
Term
when real property is sold to pay off a debt, the debtor should get a legal document known as a
Definition
satisfaction of judgment
Term
executed contract
Definition
a contract that has been completely performed
Term
executory contract
Definition
the status of a real estate sales contract prior to closing
Term
a contract that is without legal force or effect because it lacks one or more essential elements
Definition
void
Term
assignment
Definition
the transfer of rights or duties under a contract
Term
novation
Definition
the substitution of a new contract to replace an earlier one
Term
True/False a listing agreement is the same as a contract for sale of real estate
Definition
FALSE, you dumb idiot
Term
a real estate contract entered into by a minor is ______
Definition
voidable
Term
when is an offer considered to be accepted?
Definition
when the broker NOTIFIES THE BUYER that the seller has accepted the offer.
Term
title
Definition
the right to, and evidence of, ownership of land
Term
voluntary alienation
Definition
the transfer of title by gift or by sale
Term
grantor
Definition
the person who transfers the title
Term
grantee
Definition
the person who acquires the title by gift or by sale
Term
a covenant in a deed that warrants that the grantor is the owner of the property and has the right to convey it
Definition
seisin
Term
a type of deed that warrants only that the grantor received title and that the property has not been encumbered during the grantor's ownership
Definition
SPECIAL warranty
Term
a deed that contains no covenants, warranties, or implications, and that provides the least amount of protection of any deed
Definition
quitclaim
Term
the gift of real property by will
Definition
devise
Term
the person who makes a will
Definition
testator
Term
a title is considered transferred when the deed is actually signed and _____ by the grantor
Definition
DELIVERED
Term
the be valid, the deed must be signed by the _____
Definition
grantor
Term
True/False: a deed must list all encumbrances
Definition
TRUE!
Term
the grantor is conveying an interest that is less than fee simple absolute. this explanation of the extent of ownership would be found in the ______
Definition
habendum clause
Term
nuncupative will
Definition
an oral will (not written)
Term
codicil
Definition
a modification to the original will
Term
chain of title
Definition
the record of a property's ownership
Term
abstractor
Definition
the individual who prepares a summary report of the results from a title search
Term
____ notice means that information about a property is not only available, but that someone has been given access to that information
Definition
actual
Term
True/False: a certificate of title is a guarantee of legal ownership
Definition
FALSE!
Term
the reason that deeds and liens and other claims are recorded is to give
Definition
constructive notice
Term
a history of all recorded liens and encumbrances is revealed in the
Definition
abstract
Term
the premium for a title insurance policy is paid
Definition
once, at closing
Term
registration in the _____ provides evidence of title without needing to make an addition search of public records
Definition
torrens system
Term
mortgagor
Definition
the borrower in a mortgage loan clause
Term
mortgagee
Definition
the lender in a mortgage loan
Term
promissory note
Definition
a borrower's personal pledge to repay a debt according to agreed upon terms
Term
the pledging of a property as a security for payment of a loan without actually surrendering the property itself
Definition
hypothecation
Term
the part of a financing agreement that requires the lender to execute a satisfaction or release when the note has been paid in full
Definition
defeasance clause
Term
a provision in a financing agreement that permits the lender to declare the entire debt due immediately in the event the property is sold
Definition
alienation clause
Term
lien theory
Definition
the idea that a mortgage is purely a lien on real property
Term
title theory
Definition
concept that the borrower actually gives legal title to the lender and retains equitable title
Term
a mortage is a security instrument in which a ______ pledges real property to the ______ as a security for the debt
Definition
mortgagor; mortgagee
Term
states that recognize the lender as the owner of the mortgaged property are known as _________
Definition
title theory states
Term
True/False: borrower = mortgagor?
Definition
True.
Term
type of loan in which payments are made to the borrower by the lender, and is usually repaid from the sale of the property
Definition
reverse mortgage
Term
thrifts, savings associations, and commercial banks
Definition
fiduciary lenders
Term
a type of loan in which the borrower makes periodic interest payments, followed by the payment of the principal in full at the end of the term
Definition
straight loan
Term
a loan in which both principal and interest are paid off gradually, over time
Definition
amortized loan
Term
The value portion of a property's loan-to-value (LTV) ratio is the ____ of the sale price or the appraised value
Definition
lower
Term
True/False: the FHA is not a mortgage lender
Definition
FALSE! They insure loans, ya dick.
Term
The VA limites the amount of ____
Definition
the loan it will guarantee
Term
Loan-to-value ratio
Definition
Loan amount / Appraised value or sale price (whichever is lower)
Term
a leasehold estate with an indefinite term that may be terminated by the death of either the landlord or the tenant
Definition
tenancy at will
Term
the leasehold estate created with a tenant, who was in lawful possession of real property, continues in possession without the landlord's consent
Definition
tenancy at sufferance
Term
the action by which a tenant may properly abandon premises that have become unusable due to the landlord's conscious neglect
Definition
constructive eviction
Term
in a lease agreement, the landlord is the _____ and the tenant is the _____
Definition
lessor; lessee
Term
a ______ estate is considered personal property
Definition
leasehold
Term
a tenant pays for his own utilities and makes one payment each month to the landlord who pays the taxes, insurance on the building, and maintenance. What type of lease arrangement is this?
Definition
GROSS.
Term
if the tenant pays basic rent plus ALL or MOST of the property charges, the tenant has a ___ lease
Definition
NET
Term
insurance policies that offer a package of standard coverages
Definition
multiperil
Term
insurance policies that provide coverage against theft, burglary, and vandalism; specific, not all-inclusive
Definition
casualty
Term
surety bond
Definition
an owner's protection against financial losses due to an employee's criminal acts
Term
the three types of maintenance necessary to keep a property in good condition
Definition
corrective
routine
preventative
Term
the four alternative risk techniques
Definition

control

avoid

retain

transfer

CART, YA STUPID PIECE OF LARD

Term
a way to estimate value based on the present worth of the rights to future income
Definition
income approach
Term
market value
Definition
the most probable price that a property should bring in a fair sale
Term
cost approach
Definition
estimate of value
value of land if vacant + current cost of constructing improvements - accrued depreciation
Term
True/False: cost and market value are the same
Definition
FALSE, YA NITWIT
Term
An estimate of the rate of return (yield) that an investor would expect for investing in a piece of property is called the ____ rate
Definition
CAP (capitalization)
Term
when appraising a new home in which NO ONE has ever lived, the appraiser would likely use the
Definition
cost approach
Term
which appraisal approach would be best to appraise a 25 year old owner occupied house in a 30 year old neighborhood?
Definition
sales comparison (use whenever owner occupied)
Term
in which approach to value are the square foot method, the unit in place method, and the quantity survey method used?
Definition
cost approach
Term
income approach formulas
Definition
income/value = rate
income/rate = value
value*rate = income
Term
the most common and easiest method of cost estimation is the
Definition
square foot method
Term
device by which a daycare center might be permitted to operate in a residential neighborhood
Definition
conditional-use permit
Term
a lot or improvement that is not in harmony with current zoning, because it existed prior to the enactment or amendment to zoning
Definition
nonconforming use
Term
the legal means by which states confer zoning powers on local government
Definition
enabling acts
Term
standards for building style, setbacks, and use that are included in a deed for property in a subdivision
Definition
restrictive covenants
Term
a state delegates zoning powers to a municipality through
Definition
an enabling act
Term
when an area was rezoned as residential, a store was grandfathered in and allowed to continue business. this is an example of
Definition
a nonconforming use
Term
a law that prohibits discrimination in housing based on race, color, religion, and national origin
Definition
the civil rights act of 1968
Term
HUD
Definition
the agency that administers federal fair housing laws
Term
a highly friable mineral commonly used as insulation prior to being banned from use in construction in 1978
Definition
asbestos
Term
chemical used in foam insulation and certain wood products that can release harmful gases
Definition
urea formaldehyde
Term
natural level at which the ground is saturated
Definition
the water table
Term
The EPA estimates that approximately __% of commercial and public buildings contain asbestos insulation.
Definition
20%. Idiot.
Term
federal regulations on underground storage tanks do not apply to ____ or _____
Definition
storm water or wastewater
Term
True/False: Liability under Superfund is strict, joint and several, and retroactive
Definition
TRUETRUETRUE dingdingding idiot
Term
__________ under the Superfund means that the owner is responsible to the injured party without excuse
Definition
STRICT liability
Term
Who is responsible for the administering of the Superfund
Definition
The EPA, bitches and hoes,.
Term
Lead based paint is found in about 75% of all private housing built before
Definition
1978
Term
at least how much of a tank must be underground for it to be considered an undergroun storage tank
Definition
10! TEN! TENTENTENTEN ASEDRHDJFGHBH!
Term
the division of financial responsibility for various items between the buyer and the seller
Definition
proration
Term
expenses to be divided between the parties that are owed by the seller but later will be paid by the buyer
Definition
accrued items
Term
an unearned fee, paid as part of a real estate transaction, that is prohibited by RESPA
Definition
kickback
Term
True/False: the buyer is responsible for the preparation of the mortgage and the note
Definition
TRUE!
Term
What is the minimum time period a lender must retain a HUD-1 after the date of closing?
Definition
TWO years
Term
the second title search, known as the ____ ____ is done after the closing and usually is paid for by the purchaser of the property
Definition
bring down
Term
usually, the ____ pays for recording charges, such as recording the deed, that are due to the actually transfer of title
Definition
BUYERRRR
Term
pyramiding
Definition
the process of using one property to drive the acquisition of additional properties
Term
syndicate
Definition
a business venture in which people pool their resources to own or develop a particular piece of property
Term
a ____ degree of leverage in real estate investing means lower risk for the investor and the lender
Definition
LOW
Term
if a taxpayer sells real estate on an installment plan, the seller pays tax only on the _____ portion of each payment received
Definition
PROFIT. PROFITTTTT.
Term
any additional capital or personal property included with a real property transaction to even out the value of a property exchange is called a
Definition
booooooot
Term
in terms of real estate investment, another name for depreciation is
Definition
cost recovery
Term
to calculate the ___________ for a property, add the cost of any physical improvements to the basis and subtract the amount of any depreciation claimed as a tax deduction
Definition
adjusted basis
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