National Portion Flashcards
An important fact; one that is likely to influence a decision.
Material Fact
Is a licensee allowed to prepare a contract?
No
It is a practice of law and therefore not allowed by licensee.
In good faith; genuine.
Bona Fide
Termination of an offer
- Lapse of Time
- Death or Incapacity of One of the Parties
- Revocation
- Rejection
Termination of a contract
- Absence of Genuine Assent
- Assignment
- Conditions
- Mutual Agreement
Prohibits racial discrimination in any property transaction in the United States: real or personal, residential or commercial, improved or unimproved.
Civil Rights Act of 1866
Prohibits discrimination based on race, color, religion, sex, national origin, disability, or familial status in the sale or lease of residential property.
Federal Fair Housing Act (Title VIII)
Protected classes under the Civil Rights Act of 1866.
- Race
- Color
- Ancestry
Protected classes under the Federal Fair Housing Act.
- Race
- Color
- Religion
- Sex
- National Origin
- Disability
- Familial Status
What type of property falls under the Civil Rights Act of 1866?
All Property
Real and personal, residential and commercial
What type of property falls under the Federal Fair Housing Act?
Only residential or land for residential use
Are there any exemptions for the Civil Rights Act of 1866?
No
Are there any exemptions for Federal Fair Housing Act?
- For sale by owner
- Owner occupied rental of 4-units or less
- Religious organizations
- Private clubs
What class(es) are never protected by civil rights laws?
- Age
2. Marital Status
A freehold estate that last only as long as a specified person lives.
Life Estate
A future interest that becomes possessory when a life estate terminates, and that is held by someone other than the grantor of the life estate.
Remainder
A future interest that becomes possessory when a temporary estate (such as a life estate) terminates, and that is held by the grantor (or grantor’s successors in interest).
Reversion
The measuring life is someone other than the life tenant.
Life Estate Pur Autre Vie
The government’s constitutional power to take private property for public use, as long as the owner is paid just compensation.
POWER
Eminent Domain
Taking private property for public use.
ACT
Condemnation
Steps of the appraisal process
- Define the problem
- Determine scope of work
- Collect and analyze data
- Determine highest and best use
- Determine value of land
- Apply appropriate approach(es) to value
- Reconcile
- Report conclusion
Characteristics of value
(DUST)
- Demand
- Utility
- Scarcity
- Transferability
A number derived from comparable rental properties in an area, which is then used to estimate the value of a piece of real estate.
Gross Rent Multiplier
How to determine Gross Rent Multipler
Sale Price / Gross Annual Rent
How to determine Gross Monthly Rent Multiplier
Sale Price / Gross Monthly Rent
A rate of return, stated as a percentage, used to derive a value opinion from the anticipated net operating income a property could generate.
Capitalization Rate
Income before expenses
Gross Income
Net Operating Income of Rental Property =
Potential Gross Income - Vacancy and Collection Loss - Operating Expenses
Something of value (e.g., money, services, goods, promises) given to induce another to enter into a contract.
Consideration
An inducement to have the buyer’s offer accepted and a means of showing to the seller that the buyer is serious and able to follow through with the financing necessary to buy the property.
Earnest Money
Is earnest money a consideration?
NO
A contract clause that means performance on the exact dates specified is an essential element of the contract; failure to perform on time is a material breach.
Time Is of the Essence
A response to an offer to enter into a contract, changing some terms of the original offer.
If is a rejection of the original offer (not a form of acceptance) and does not create a binding contract unless it is accepted by the original offeror.
Counteroffer
A law that require certain types of contracts to be in writing and signed in order to be enforceable.
Statute of Frauds
Contracts that must be in writing
- Longer than 1 year
- Sale of goods $500 or more
- Sale of personal property $5,000 or more
- Promise of marriage, promise to pay another’s debts, lease longer than 1 year
To pledge the property to be the security for a loan without giving up possession of it (as with a mortgage).
Hypothecate
A mortgage given by a buyer to a seller to secure part or all of the money borrowed to purchase property.
Purchase Money Mortgage
Who retains a mortgage as security in a Purchase Money Mortgage?
Seller
Who has title in a Purchase Money Mortgage?
Buyer
Federal guidelines that require full disclosure of all credit terms for consumer loans.
Regulation Z
How does a mortgage show up on a closing statement?
Credit for buyer
Federal law that prohibits discrimination in granting credit to people based on sex, age, marital status, race, color, religion, national origin, or receipt of public assistance.
Equal Credit Opportunity Act (ECOA)
Protected classes under ECOA not under Federal Fair Housing.
(PAM)
- Public assistance
- Age
- Marital Status
What is taken under consideration when people are applying for a loan?
- Income adequacy
- Sufficient net worth
- Job stability
- Satisfactory credit rating
Federal law dealing with real estate closings that provides specific procedures and guidelines for the disclosure of settlement costs.
Real Estate Settlement Procedures Act (RESPA)
A legal arrangement in which title to property (or funds) is vested in one or more trustees who manage the property (or invest the funds) on behalf of the trust’s beneficiaries, in accordance with instructions set forth in the document establishing it.
Trust
An instrument held by a third party as security for the payment of a note.
Like a mortgage, it creates a voluntary lien on real property to secure repayment of a debt.
Unlike a mortgage, it has a power of sale, allowing the trustee to foreclose non-judicially.
Trust Deed or Deed of Trust
A person appointed to manage a trust on behalf on the beneficiaries.
Trustee
Conveys real estate of a trustee as proscribed in a trust agreement or a will.
Trustee’s Deed
Is a trust deed or deed of trust different than trustee’s deed?
Yes
Who makes the acknowledgements at closings?
Buyer and Seller
Each tenant has an equal undivided interest in the property and the right of survivorship.
When one tenant conveys their interest, is simply terminates the right of survivorship as to that interest.
Joint Tenancy
The unities that must be present for joint tenancy.
(PITT)
- Possession
- Interest
- Time
- Title
A form of co-ownership in which two or more persons each have an undivided interest in the entire property, but no right of survivorship.
Tenancy in Common
A form of co-ownership in which a married couple owned the property with the right of survivorship, and neither spouse could convey or encumber his or her interest without the consent of the other spouse.
Abolished by the Ohio General Assembly in 1985.
Tenancy by the Entireties
Difference between tenancy in common and joint tenancy.
- Unequal interest (tenancy in common)
2. Right of survivorship (joint tenancy)
Is a landlord allowed to enter a tenant’s property whenever they want?
No
Must give reasonable notice to tenant
If a tenant does not pay rent, what kind of notice can the landlord give them?
3-Day Notice
Words that usually indicate wrong answer
Must
Always
Never
Greatest
Who does the day of closing belong to?
Seller
Primary purpose of a deed
Transfer of Title
A defect that is hidden from view.
Latent Defect
A defect that a prudent buyer can see.
Patent Defect
What can a Dual Agent not do?
- Act biased towards buyer or seller.
- Advocate for either buyer or seller.
- Negotiate on buyer or seller behalf.
When one party takes over responsibility for the loan of another party and the terms of the loan or note remain unchanged.
Assumption
A place where something exists; an area of preference or preference by people for a certain location, thus giving economic attributes (value) to the property.
Situs
An appraisal method that estimates the value of real estate by figuring the cost of building the house or other improvement on the land, minus depreciation, plus the value of vacant land.
Cost Approach
Agent’s fiduciary duties
(OLD CAR) Obedience Loyalty Disclosure Confidentiality Accounting Reasonable Care
The agent must follow the (legal) directions of the principal, obey the restrictions of the agency relationship, and not stray beyond the scope of their authority.
Obedience
The agent must put the principal’s interests above all others including the agent’s own.
Loyalty
The agent must not conceal anything from the principal.
Disclosure
What the agent should disclose to the principal
- True property value.
- All offers to purchase (offer at same time, order does not matter).
- Identity of other party.
- Customer’s financial condition.
- Any relationship between other party and broker/agent.
- Any commission-splitting arrangements with other brokers.