modern real estate book vocabularyy Flashcards
easement
a right to use the land of another for a specific purpose, such as for a right-of-way or utilities; an incorporeal interest in land because it does not include a right of possession
easement appurtenant
an easement that follows along with the land
easement by implication
an easement that occurs when a party’s actions reflect the intention to create an easement
easement by necessity
an easement allowed by law as necessary for the full enjoyment of a parcel of real estate (e.g., a right of ingress and egress over a grantor’s land)
easement by prescription
an easement acquired by open, notorious, continuous, hostile and adverse use of the property for the period of time prescribed by state law
easement in gross
an easement that is not created for the benefit of any land owned by the owner of the easement but that attaches personally to the easement owner. for example, a right granted by a property owner to a friend to use a portion of the property for the rest of the friend’s life would be an easement in gross
economic life
the number of years during which an improvement will add value to land
electronic contracting
a process of integrating information electronically in a real estate transaction between clients, lender, and title and closing agents
Electronic Signatures in Global and National Commerce Act (E-Sign)
an act that makes contracts (including signature) and records legally enforceable regardless of the medium in which they are created
emblements
growing crops, such as corn, that are produced annually through labor and industry; also called fructus industriales
eminent domain
the right of a government or municipal quasi-public body to acquire property for public use through a court action called condemnation, in which the court decides that the use is a public use and determines the compensation to be paid to the owner
employee
for tax purposes, someone who works as a direct employee of an employer and has employee status. the employer is obligated to withhold income taxes and social security taxes from the compensation of employees. see also independent contractor
employment agreement
employment contract
employment contract
a document evidencing formal employment between employer and employee or between principal and agent or representative. in the real estate business, this generally takes the form of the agreement between broker and sales associate, client representation agreement (including a listing agreement or buyer representation agreement), or property management agreement
enabling acts
state legislation that confers zoning and other powers on municipal governments
encapsulation
a method of controlling environmental contamination by sealing off a dangerous substance, such as asbestos
encroachment
a building or some portion of it - a wall or fence, for instance - that extends beyond the land of the owner and illegally intrudes on the land of an adjoining owner or public street or alley
encumbrance
anything - such as a mortgage, tax, or judgment lien; an easement; a restriction on the use of the land; or an outstanding dower right - that may diminish the value or use and enjoyment of a property
enforceable contract
a contract that meets all the elements of a valid contract, including compliance with any applicable statute of frauds or other law that requires it to be in writing and signed by the parties
environmental impact statement (EIS)
a statment that details the impact a project will have on the environment
environmental site assessment (ESA)
an evaluation of property to show that due care was exercised in the determination of environmental impairments
equal credit opportunity act (ECOA)
the federal law that prohibits discrimination in the extension of credit because of race, color, religion, national origin, sex, age, marital status, or receipt of public assistance
equalization
the raising or lowering of assessed values for tax purposes in a particular county or taxing district to make them equal to assessments in other counties or districts
equalization factor
a factor (number) by which the assessed value of a property is multiplied to arrive at a value for the property that is in line with statewide tax assessments. the ad valorem tax would be based on this adjusted value
equitable lien
satutory lien
equitable right of redemption
the right of a defaulted property owner to recover the property before its sale by paying the appropriate fees and charges
equitable title
the interest held by a vendee (buyer) under a contract for deed or an installment contract in which title is not immediately transferred; the equitable right to obtain absolute ownership to property when legal title is held in another’s name
equity
the interest or value that an owner has in property over and above any indebtedness
equity buildup
that portion of the loan payment directed toward the principal rather than the interest, plus any gain in property value due to appreciation
erosion
the gradual and sometimes imperceptible wearing away of the land by natural forces, such as wind, rain, and flowing water
escheat
the reversion of property to the state or county, as provided by state law, in cases in which a decedent dies intestate without heirs capable of inheriting, or when the property is abandoned
escrow
the closing of a transaction through a third party called an escrow agent, or escrowee, who receives certain funds and documents to be delivered upon the performance of conditions outlined in the escrow instructions
escrow account
the trust account established by a real estate professional under the provisions of the license law for the purpose of holding funds on behalf of the real estate professional’s principal or some other person until the consummation or termination of a transaction; trust account established by the escrow agent to hold funds pending distribution at the closing of a transaction
escrow closing
occurs when a disinterested third party is authorized to act as escrow agent (escrow holder) and to coordinate the closing activities on behalf of the buyer and the seller
escrow contract
an agreement between a buyer, a seller, and an escrow holder setting forth rights and responsibilities of each
escrow instructions
a document that sets forth the duties of the escrow agent, as well as the requirements and obligations of the parties, when a transaction is closed through an escrow
estate (tenancy) at sufferance
the tenancy of a lessee who lawfully comes into possession of a landlord’s real estate but who continues to occupy the premises improperly after the lease rights have expired
estate (Tenancy) at will
an estate that gives the lessee the right to possession until the estate is terminated by either party; the term of this estate is indefinite
estate for term
estate for years
estate (tenancy) for years
an interest for a certain exact period of time in property leased for a specified consideration
estate (tenancy) from period to period
an interest in leased property that continues from period to period - week to week, month to month, or year to year
estate in land
the degree, quantity, nature, and extent of interest a person has in real property
estate tax
federal tax on a decedent’s real nad personal property
estoppel
method of creating an agency relationship in which someone states incorrectly that another person is his agent and a third person relies on that representation
estoppel certificate
a document in which a borrower certifies the amount owed on a mortgage loan and the rate of interest
ethics
the system of moral principles and rules that becomes the standard for professional conduct
eviction
a legal process to oust a person from possession of real estate
evidence of title
proof of ownership of property; commonly a certificate of title, an abstract of title with lawyer’s opinion, title insurance, or a torrens registration certicate
exception
the exclusion of a part of the property conveyed
exchange
a transaction in which all or part of the consideration is the transfer of like-kind property (e.g., real estate for real estate)
exclusive agency listing
a listing contract under which the owner appoints a real estate professional as her exclusive agent for a designated period of time to sell the specified property, on the owner’s stated terms, for a commission. the owner reserves the right to sell the property without paying anyone a commission if the sale is to a prospect who has not been introduced or claimed by the real estate professional
exclusive buyer representation agreement
agreement in which the buyer works with only one broker, although the broker is free to represent other buyer clients
exclusive right-to-sell listing
a listing contract under which the owner appoints a real estate professional as his exclusive agent for a designated period of time to sell the specified property on the owner’s stated terms and agrees to pay the real estate professional a commission when the property is sold, whether by the real estate professional, the owner, or another real estate professional
executed listing
a contract in which all parties have fulfilled their promises and thus performed the contract
execution
the signing and delivery of an instrument. also, a legal order directing an official to enforce a judgment against the property of a debtor
executor
an appointed person who carries out the directions of a will. a woman might be referred to as executrix, although executor is the term most commonly used to refer to either a man or a woman
executory contract
a contract under which something remains to be done by one or more of the parties
express agency
an agency relationship based on a formal agreement between the parties
express agreement
an oral or written contract in which the parties state the contract’s terms and express their intentions in words
express contract
express agreement
external depreciation
reduction in a property’s value caused by outside factors (i.e., those that are off the property)
external obsolescence
incurable depreciation caused by factors not on the subject property, such as environmental or economic factors
facilitator
nonagent
fair housing act
the federal law that prohibits discrimination in housing based on race, color, religion, sex, disability, familial status, and national origin
fair housing amendments act of 1988
expansion of the fair housing act to include families with children and those with physical or mental disabilities
familial status
one or more individuals under age 18 living with a parent or guardian; also included a woman who is pregnant and anyone who is in the process of assuming custody of a child under age 18