National Flashcards
Tenancy by the entirety
A married couple is treated as a single legal entity and both spouses have an equal interest in the property. Neither spouse can sell or transfer their share without the other’s consent. When one spouse dies, the surviving spouse automatically inherits the deceased spouse’s interest. TBE is only available in about half of the U.S. states, and some states also allow it for domestic partners.
Residential Lead-Based Paint Hazard Reduction Act
established in 1996. Real estate agents must be aware of this federal law providing homes before 1978 the following: an agreement of sale/lease with lead warning statement and statement allowing prospective buyers 10 days obtain certified inspection/assessment before purchase obligation or must disclose info. about existing lead paint to purchaser AND provide purchaser federal gov’t prepared lead hazard brochure.
Essential elements of value
Demand: Desire to buy and ability to pay
Utility: Satisfies human need/desire (shelter, income, recreation)
Scarcity: Limited supply increases value
Transferability: Able to transfer ownership.
Residential Lead-Based Paint Hazard Reduction Act (1996)
Requires real estate agents to disclose lead paint information for homes built before 1978, allow buyers 10 days for inspection, and provide a lead hazard brochure.
Inverse condemnation
Government takes private property without just compensation.
Escheat
Reversion of property to the government when an owner dies without a will or heirs.
Tenancy at Sufferance
When a tenant remains in possession after the lease expires without the landlord’s consent.
Tenancy from Period to Period
Lease agreement that automatically renews unless terminated.
Tenancy for Years
Lease for a specific, fixed period.
Valid Contract Requirements
Party must be at least 18 and of sound mind.
Contract must be legal (not for illegal activities).
Clear and definite consideration.
Mutual consent of the contract.
Doctrine of Laches
A legal principle where a claim is barred if there’s unnecessary delay in asserting it
Exclusive Agency Listing
A listing agreement where only one agent is allowed to sell, but the owner retains the right to sell independently without paying a commission.
Contribution
Used to determine how renovations or property changes affect the property’s overall value.
Economic Obsolescence
Loss of property value due to external factors affecting the property.
Severance
Process of converting real property into personal property (e.g., removing a fixture).