Morgan's (VI) Flashcards
The Residential Lead-Based Patient Hazard Reduction Act of 1992 requires including a lead-based paint disclosure notice either in or with sales contracts for residential properties built prior to ___.
1978
A type of insurance that generally have a one-year contract period and cover service and/or replacement costs for major systems, such as heating/cooling, ducts, hot water heater, electrical, and plumbing, as well as major appliances
Home warranties (aka home protection plans)
A licensee has an obligation to perform a due diligence property inspection and verification of information in order to discover material facts and/or defects that the licensee reasonably should have known about. This also applies to researching and confirming (or correcting) property data supplied by the owner of the owner’s agent. What is involved in this process?
Reviewing information in the public record, such as assessment data on annual taxes, lot size and dimensions, total square footage of any buildings, zoning type and applicable restrictions, as well as other general property expenses
In the course of verifying information, a licensee may see ___ to property data that may lead to price concessions or other remedies by the seller.
Adverse consequences
This word refers to legal responsibility or accountability
Liability
Type of legal liability that refers to a supervisor or principal’s responsibility for the acts of a subordinate or agent
Vicarious liability
Type of liability shared between 2 or more parties
Joint liability
Liability of one party that can be legally pursued separately from other liable parties
Several liability
Property conditions that are ___, which means significant in a party’s decision-making process of approving or disapproving a purchase, must, when known or reasonably should have been discovered, be disclosed.
Material
List 5 material defects related to physical condition.
- Site or soil conditions
- Property location within a natural hazard zone
- Undisclosed or undiscovered encroachments or easements
- Structural property environmental problems, such as the presence of wood infestation, lead-based paint, asbestos, radon gas, UFFI (urea formaldehyde foam insulation), toxic mood
- Structural physical conditions
List 4 material defects related to public controls, statutes, or public utilities.
- Public controls (zoning, planning, municipal boundaries)
- External property environmental problems (contaminated soil/groundwater, underground storage tanks)
- Commercial, industrial, or utility concerns (eg, airport flight paths, railroad lines, etc.)
- Stigmatized or psychologically impacted properties
Property defects that are concealed may be referred to as ___.
Latent