All Flashcards

1
Q

CA investigating agency for discrimination

A

department of fair employment and housing

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2
Q

general duty to disclose which facts

A

material facts

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3
Q

adverse affects action

A

conduct a visual inspection and write them on transfer disclosure statement. Sellers agent does this

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4
Q

PETE

A

police, eminent domain, tax, escheat

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5
Q

eminent domain

A

buy out your land for roads and other important stuff

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6
Q

comdemnation

A

process of using eminent domain

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7
Q

escheat

A

when owner dies and has no heirs to inherit, property goes to state

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8
Q

common law

A

AKA english law - cases decided before a judge on precedent

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9
Q

civil law

A

spanish - settle disputes with elaborate statutes to address issues in advance

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10
Q

real property

A

a bundle of rights in a thing.

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11
Q

profit a prandre

A

mineral rights owner, and service rights owner - two owners on one piece of land

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12
Q

appurtenant

A

incidental - water rights, etc

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13
Q

3 key water rights

A

right to use water, right to take water by appropriation, right to take water with prescriptive rights

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14
Q

riparian rights

A

right to use water - surface water contiguous to land

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15
Q

appropriation

A

diversion of water for reasonable use

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16
Q

public trust doctrine

A

riparian, appropriation and prescriptive rights are subject to the states interest in conserving and regulating water use

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17
Q

prescriptive rights

A

unreasonable easement for a period of 5 years

18
Q

crops that have already been sold are

A

personal property

19
Q

fixture

A

personal property that has become physically attached to RE

20
Q

MARIA

A
is it a fixture or reomvable? 
manner of attachment
agreement between parties
relationships of the parties
intention of the parties
adaptability of the attachment
21
Q

trade fixtures

A

personal property tenant takes away at end, cannot damage RE

22
Q

appurtenant easement

A

AKA incidental rights - owners right to use adjoining property, not on title. ex: road

23
Q

not owned until possessed

A

oil

24
Q

estate

A

ownership of leasehold interest a person may hold in real estate

25
Q

three categories of estates

A

fee, leasehold, life

26
Q

types of fee estates

A

fee simple, inheritance, perpetual, “the fee”

27
Q

types of leasehold estates

A

leaseholds, estates for years

28
Q

fee owner

A

can do anything you want with property

29
Q

DRE can do what

A

punish the broker for discrimination

30
Q

intentional or unintentional unlawful practices by an agent

A

implicit discriminatory practices

31
Q

is the broker responsible when their agent discriminaes

A

yes

32
Q

failure to provide financing in certain communities

A

redlining

33
Q

written notice at broker office, bank or other lender that shows they cannot descriminate (fed or state)

A

fair lending disclosure - state

34
Q

what is the maximum penalty for discrimination? how long does lender have to respond?

A

$1,000 - 30 days

35
Q

ECOA

A

federal - same discriminatory stuff

36
Q

HMDA - main issue it covers

A

redlining

37
Q

HMDA needs to be where

A

posted in lenders office for 5 years

38
Q

FFHA

A

federal fair housing act - advertising

39
Q

poster in office needed

A

fair housing aka equal opportunity

40
Q

broker agent employment agree

A

fee