Law Flashcards

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1
Q

Leasehold

A

Tenant right to occupy real estate during term of lease

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2
Q

Determinable fee estate

A

Property returns to original grantor when a specified condition occurs. Property is no longer use fir the purpose prescribed.

No longer church- reverts back

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3
Q

Fee simple absolute

A

Maximum possible estate or right of ownership of real property continuing forever

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4
Q

Life estate

A

Interest in property that is limited to the duration to the lifetime of its owner or some designated person(s)

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5
Q

Easement appurtenances

A

An easement that is annexed to the ownership of one parcel and allows the owner the use of the neighbor’s land

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6
Q

Remainder interest

A

The remnant of an estate that has been conveyed to take effect and be enjoyed after the termination of a prior estate. Such as when an owner conveys a life estate to one party and the remainder to another.

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7
Q

Easement in Gross

A

N easement that is not created fir the benefit for any land owned by the owner of the easement but attaches personally to the easement owner. Example: a right granted by owner to a friend to use a portion of the property for the rest of the friend’s life.

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8
Q

Severally

A

Sole ownership

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9
Q

Servient tenement

A

Land on which the easement exists in favor of an adjacent property

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10
Q

RESPA- real estate settlement procedures act

A

Law requires disclosure to consumers about mortgage loan by settlements. Prohibits kickbacks or referral fees

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11
Q

Sherman Anti Trust Act

A

Free competition. Illegal private conspiracies and combinations to minimize competition. Price fixing compensation, agreeing to limit their areas of trade or dealing to certain areas or properties

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12
Q

UETA-uniform electronic transaction Act

A

Rules for entering into an enforceable contract using electronic means

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13
Q

Fiduciary

A

One in whom trust and confidence is placed. Real estate agent employed by terms of losing agreement or buyer representation

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14
Q

Designated Agency

A

In house sale with two different agents are involved

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15
Q

Exclusive agency

A

Listing contract which owner appoints real agent as exclusive agent for a designated period of time to sell property at owners terms fir a commission.

Owner reserves right to sell property w/o commissions if they find buyer

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16
Q

Open agency

A

Listing contract in which real estate pro’s compensation is contingent on the RE Pro producing a ready, willing and able buyer before property is sold by another agent or seller

17
Q

Exclusive right to sell

A

Owner appoints Real Estate pro as exclusive agent for designated period of time w commission regardless of who sells it. Seller, another agent or self

18
Q

Net listing

A

Listing based on the net price seller receives if property sells. Illegal in many states

19
Q

Transaction whereby sale price is paid in installments and pay only tax for the income recd that year

Also know as contract for deed

Seller financing .. holds deed til last installment

A

Installment sale

Land contract

Contract for deed

20
Q

Alienation clause

A

Alien - different…call note if borrowers sells or transfer property to DIFFERENT person

21
Q

Acceleration clause

A

Accelerate— call note immediately if provisions are defaulted or breached

22
Q

3 types of agency

A

Special- no ability to bind( lowest level)
General- property managers
Universal- power of attorney (highest level)

23
Q

Ways to create agency

A

Express Agency- written agreement

Implied Agency- actions of the parties w/o written agreement