Aceable: Principles of Real Estate L - Q Flashcards

1
Q

the surface of the earth, including all permanently attached natural features, extending downwards to the center of the earth and upwards to infinity
L1, C4

A

Land

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2
Q

the science of determining points and the distances and angles between them; aka surveying L11, C4
L____ S_________

A

Land Surveying

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3
Q

an interest in the occupation of a property, established through a lease, aka non-freehold
or less-than-freehold
L13, C2
Clue: L_______ E________

A

Leasehold Estate

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4
Q

any life estate created by a function of law as opposed to the actions or desires of a property owner
L13, C2
Clue: L______ L_______ E______

A

Legal Life Estate

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5
Q

the right to use the land of another that can be granted as well as terminated by the property owner
L13, C3
EXAMPLE
A landowner decides to give someone permission to hunt on their property. This would be a l________.
Lic____

A

License

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6
Q

the order in which liens against a property will be settled L13, C4
L_______ P_______

A

Lien Priority

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7
Q

a type of estate limited to the duration of a measuring life L13, C2
L______ E______

A

Life Estate

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8
Q

a type of corporation in which none of the owners of the company can be held personally
liable for debt
L14, C4
L_______ L______ C_______

A

Limited Liabilty Company

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9
Q

a document recording at the courthouse giving notice that a lawsuit is pending on a particular piece of property
L13, C5
L____ Pen____

A

Lis Pendens

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10
Q

a contract between a principal and a broker to sell or lease a property L15, C1
L______ A_______

A

Listing Agreement

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11
Q

rights that govern lakefront or oceanfront property and usually allow the property owner to use the water bordering their property
L2, C1

A

Littoral Rights

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12
Q

a system of legal land description that identifies a piece of platted property by referring to the section, lot, and block numbers in a subdivision L11, C1

A

Lot and Block

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13
Q

a fact that, if known, could cause someone to take a different course of action or make a
different decision regarding the property to be purchased
L4, C2
M_______ F_______

A

Material Fact

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14
Q

a type of involuntary, specific lien that a mechanic or materialman can impose upon a property if the property owner fails to pay for materials or work done on the property
L13, C5
M________ L_______

A

Mechanic’s Lien

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15
Q

an imaginary line of longitude used to identify a certain area of the earth’s surface along a
north-south direction L11, C2

A

Meridian

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16
Q

a land survey process in which a licensed land surveyor starts at a readily identifiable point
of beginning and defines the boundaries of a property in terms of distances and compass
directions, finally returning to the point of beginning
L11, C1

A

Metes and Bounds

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17
Q

a statement, written or spoken, that is false or misleading L1, C8

A

Misrepresentation

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18
Q

If a home has had mold in the past, but the mold has been removed, the owner will receive a M____ Rem______ Cert_______ from the company who worked on the home. That certificate is good for five years.

A

Mold Remediation Certificate

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19
Q

a fixed landmark, whether natural or human-made, used as a reference point in a metes and bounds legal description
L11, C1

20
Q

rural taxing entity empowered to levy assessments on property owners to support the building of infrastructure for basic utilities
If you live outside of a city area in Texas, your property is most likely covered by a taxing entity called the M_____ U______ D_____ (MUD). Taxes are levied to support the building of infrastructure for basic utilities. If a buyer moves into an area and does not know about the MUD, they will find out when the tax bill arrives in October.

The reason MUDs exist is to protect against pollution of water and to look after septic issues. If a property is being purchased in a MUD, there will be a special addendum attached to the contract.
L15, C2
Mun______ Ut_______ Di______

A

Municipal Utility District (MUD)

21
Q

an agreement in which the seller names a minimum sales price they will accept for a property, with any excess paid to the broker as commission
L15, C3
In this type of listing, the seller names an amount they want the property to sell for, and the broker tries to sell it for more than that set price. This is because the broker’s commission is the difference between the set listing price and the actual sales price.

The broker could receive a large commission amount or could receive nothing at all.
N___ L________

A

Net Listing

22
Q

a plea where a defendant does not admit guilt to a crime they are accused of, but does accept punishment as though they have been found guilty L1, C9; L9, C15
N________ C_________

A

Nolo Contendere (no contest)

23
Q

the act of replacing an existing contract with a new one L12, C4
It is the act of replacing an existing contract with a new, modified one with different obligations. Legally, it is understood to be the exchange of one contract for another.
Example
Bob enters into an agreement to buy Sue’s cat with the understanding that she would care for it until he got back from a business trip.

But, before he even leaves for his trip, Bob finds out he’s allergic to the cat. He tells Sue that his friend, Mary, loves the cat and would be willing to buy the cat in his place. She can take possession of it right away, too.

Since there will be a change of the parties involved and when possession is to take place, the parties agree that a new contract should be written up to replace the old contract through novation rather than simply have Bob assign his rights and responsibilities to Mary.

Mary and Sue enter into a completely new contract, and Bob has no further responsibilities as the old contract is terminated and extinguished.
N________

24
Q

a nonexclusive listing agreement that gives multiple brokers (and owners themselves) the
right to sell the property L15, C3
O______ L______

A

Open Listing

25
the official opinion of an attorney regarding the condition of a property’s title L13, C1 O______ of T_________
Opinion of Title
26
a line of latitude L11, C2
Parallel
27
a legal term that states that if the important details of an agreement were discussed but fail to make it into the written contract, the written and signed contract is given authority over any word of mouth L12, C3 P_______ E__________R_____
Parol Evidence Rule
28
when one or more of the contracting parties perform only a portion of the agreed-upon contractual duties L12, C4 P_________ Perf________
Partial Performance
29
a person involved in a contract for sale, lease, or agency L1, C8 P_______
Party
30
part of a contract that requires the contracting parties either to perform certain actions or to uphold certain contractual promises L12, C1 P__________ Agreement
Performance Agreement
31
any unattached, movable asset on the property not considered real estate (land plus improvements); aka chattel or personalty L1, C4; L2, C2
Personal Property
32
the components of a mortgage payment: principal, interest, taxes, and insurance L3, C4
PITI: Principal, Interest, Taxes, Insurance
33
a subdivision that includes residential dwellings along with nonresidential real estate, departing from normal zoning and subdivision regulations; recreational facilities may be coowned by PUD lot owners as tenants in common L3, C1 Pl_____ Un____ D__________
Planned Unit Develop (PUD)
34
And then there are p________ l________, which are listings that do not appear on the MLS. It can get a little more complicated than that, though. A listing is also considered a pocket listing in the time between when it is secured by the sellers' agent and when it shows up on the MLS. A p________ l_________ can also happen when an owner wants to privately sell their house. Some brokers frown upon pocket listings, but others are perfectly okay with them. Agents should check with their broker's policies first before agreeing to a pocket listing situation!
Pocket Listing
35
the starting point for a metes and bounds legal description L11, C1
Point of Beginning (POB)
36
a map indicating the locations and dimensions of lots in a lot and block system L11, C2
Plat
37
Some builders have been known to charge a pr______ tr___fer f__ to buyers when they purchased one of their homes. The fee was set up in such a way that every time the home sold, the fee would be paid to the builder. The state legislature was not pleased with this practice since the builder was arguably getting something for nothing by collecting that fee on every subsequent purchase.
Private Transfer Fee
38
a process by which courts determine and grant the appropriate ownership interest of an estate to creditors, taxing entities, and heirs of an owner who dies intestate L13, C3 P_______
probate
39
contracts prepared and authorized by the Texas Real Estate Commission that must be used by real estate license holders; there are a few exceptions to this rule L9, C5 P_________ Contracts
promulgated contracts
40
to divide or allocate expenses between buyers and sellers based on the actual period of usage of the item or service L3, C2 P_______
prorate
41
the act of dividing or allocating expenses between buyers and sellers based on the actual period of usage of the item or service L3, C4 P______tion
proration
42
groups of people whom it is illegal to discriminate against, as provided by the Fair Housing Act, ECOA, and other acts L7, C3 p________ classes
protected classes
43
taxing entity created by the city or county to levy a special tax for specific improvements to a specific neighborhood L15, C2 Maybe the county paved a road that was previously dirt. The homeowners in the area would be taxed for the footage that they own along the road. If that tax is in place at contract time, the listing agent must let the buyer know. If the buyer is not notified, they can terminate the contract Pu_____ Im________ Di______
public improvement district (PID)
44
the making of exaggerated claims (technically opinions) in order to achieve a sale or some other objective L1, C8
puffing
45
a life estate characterized by ownership lasting only for the duration of a designated party's lifetime L13, C2 Pur A_____ V___
pur autre vie
46
The document the ex would have to sign to clear up the title is called a qu__________ deed, which "quits" or terminates their rights or claim to the property.
Quitclaim Deed