Part 2 Flashcards
Real estate
Land, including the air above and the earth below, plus any permanent improvements affecting the utility of the land; real property; property that is not personal property.
Nonconforming use
A commercial activity in which the sale, purchase, leasing, rental, exchange, or management of real property is conducted by qualified and licensed parties acting either for themselves or for others for compensation.
Real estate profession
A profession requiring knowledge of real estate values, experience in dealing with the public, plus exceptional personal integrity and character as qualifications to act as advisors and agents for members of the public.
Real estate services
Real estate activities involving compensation for performing the activities for another.
Real property
Any interest or estate in land, including leaseholds, subleaseholds, business opportunities and enterprises, and mineral rights; real estate.
REALTOR®
A real estate broker who is a member of a local board of REALTORS® and is affiliated with the state association (Florida Association of REALTORS®) and the National Association of REALTORS® (not synonymous with “real estate agent”).
Realty
The substitution of a new party and/or new terms to an existing obligation.
Reasonable time
A variable period of time, which may be affected by market conditions, desires of the owner, supply and demand, fluctuations of values, or an official decision.
Receiver
An independent party appointed by a court to impartially preserve and manage property that is involved in litigation, pending final disposition of the matter before the court.
Receivership clause
A provision in a mortgage, related to income-producing property, that is designed to require that income derived shall be used to make mortgage payments in the event the mortgagor (borrower) defaults.
Recommended order
A determination by an administrative law judge that includes findings and conclusions as well as other information required by law or agency rule to be in a final order.
Reconciliation
The process of weighting the estimates of value derived from the sales comparison, cost, and income approaches to arrive at a final estimate of market value.
Record
To place any document or instrument affecting title or an interest in real property in the public records of the county in which the property is located.
Recovery fund (Real Estate Recovery Fund)
A state-regulated account to cover claims of aggrieved parties who have suffered monetary losses from licensee’s actions.
Recovery period
The assigned time over which property is depreciated for tax purposes.
Rectangular method
(See Government survey system.)
Redemption
To repurchase, to buy back, to recover property used as security for a mortgage by paying the debt. (See also Equity of redemption.)
Open listing
Discriminatory financing by a lending institution.
Registration
Authorization by the state to place an applicant on the register (record) of officially recognized individuals and businesses.
Regression
The principle that states that the value of a superior property is adversely affected by its association with an inferior property of the same type.
REIT
A method of pooling investment money using the trust form of ownership.
Release clause
A provision in a blanket mortgage covering more than one unit of real property that provides for the mortgagor to obtain freedom from the mortgage for each unit when a designated amount has been paid to the mortgagee for each unit.
Reliction
A right or privilege to purchase or lease real property at a specified price during a designated period based on a sufficient consideration.
Remainderman
The party designated to receive an estate at the end of a life estate.
Renunciation
To abandon an acquired right without transferring that right to another.
Replacement cost
The expenditure of constructing a building with current materials and techniques that has the same functional utility as the structure being appraised.
Replacement reserves (reserve for replacements)
A portion of the annual income set aside for covering the cost of major components (e.g., air-conditioning) that wear out faster than the building itself.
Reprimand
An official act of oral and/or written criticism with a formal warning included.
Reproduction cost
Amount required to duplicate the property exactly.
Rescind
To annul, cancel, repeal, or terminate.
Reserve requirements
The amount of funds that an institution must hold in reserve against deposit liabilities.
Residential sale
The sale of improved residential property of four or fewer units, the sale of unimproved residential property intended for use as four or fewer units, or the sale of agricultural property of ten or fewer acres.
Respondent
A person who answers to an informal complaint proceeding prior to being adjudged innocent or being named as a defendant.
Owner’s policy
Any device or action that controls or limits the use of real property.
Restrictive covenants
Conditions placed by developers that affect how the land can be used in an entire subdivision.
Reversion
That portion of the net proceeds from the sale of property that represents the return of the investor’s capital.
Revocation
To cancel, rescind, annul, or make void; the permanent cancellation of a person’s license.
Right of survivorship
A situation by which the remaining joint tenant succeeds to all right, title, and interest of the deceased joint tenant without the need for probate proceedings.
Right-to-use
Stipulates the conditions under which the mortgagee will grant freeing building lots from a mortgage lien upon payment of a certain amount of money.
Riparian rights
Private ownership rights extending to the normal high-water mark along a river or stream and including access rights to water, boating, bathing, and dockage in accordance with state and federal statutes.
Risk
The chance of loss of all or a part of an investment; the uncertainty of financial loss.
Rural Housing Services Administration
An agency of the Department of Agriculture that offers assistance to rural residents and communities.
R-value
A special rating or method of judging the insulating effectiveness of insulation products.
Sale and leaseback
A financing arrangement in which an investor buys property owned and used by a business accompanied by a simultaneous leasing back of the property to the business by the buyer-investor.
Sale contract (deposit receipt contract; purchase agreement; contract for sale and purchase)
An agreement whereby one party agrees to sell and the other party agrees to buy according to the terms set forth.
Sales associate
A licensed individual who, for compensation, is employed by a broker or owner- developer.
Sales comparison approach
A method for estimating the market value of a property by comparing similar properties to the subject property.
Satisfaction of mortgage
A certificate issued by the lender when the debt obligation is paid in full.
Savings Association Insurance Fund (SAIF)
A federal agency that insures deposits of member savings associations.
Petition for review
A mark, emblem, or impression on a document used to authenticate the document or a signature.
Secondary lender
Agency or financial institution that buys mortgage loans previously made by primary lenders.
Secondary market
A source for the purchase and sale of existing mortgages.
Second mortgage (secondary financing)
A loan that is junior or subordinate to a first mortgage, normally taken out when the borrower needs more money.
Section
One of the primary units of measurement in the government survey system of land description. A section is one mile square and contains 640 acres.
Security
A residential project with mixed land uses and high residential density.
Seisin (seizin)
A covenant in a deed that warrants that the grantor (seller) holds the property by virtue of a fee simple title and has a complete right to dispose of same. Also known as seizin clause.
Seller’s market
The demand for available properties exceeds the supply.
Separate property
Real property owned by a husband or wife prior to the marriage with the spouse having no present rights in such property; property owned individually.
Service industries
Businesses that attract local money (e.g., grocery stores, retail shops).
Setback
Restrictions established by zoning or deed on the space required between lot lines and building lines.
Severalty
Sole ownership of real property (“severed” from all others).
Severance
The act of removing something attached to the land (e.g., fruit, timber, fence).
Single agent
Per Section 475.01, F.S., a broker who represents, as a fiduciary, either the buyer or seller but not both in the same transaction.
Single-hung
A window characterized by a movable lower sash.
Site plan
A document that indicates the improvement details for a project of greater-than-average size.
Policy manual
Relationships and influences created by location of a property that affect value (e.g., accessibility, personal preference).
Slab-on-grade
Concrete foundation poured directly on the ground.
Sole proprietorship
Dealing as an individual in business.
Special agent
One authorized by a principal to perform a particular act or transaction, without contemplation of continuity of service as with a general agent.
Special assessments
Taxes levied against properties to pay for all, or part of, improvements that will benefit the properties being assessed.
Special exception
The amount set by the creditor that the debtor is charged for retiring the debt early.
Specific liens
Claims that affect only the property designated in the lien instruments or agreements.
Specific performance
A remedy for an injured party obtained through a court of equity, which requires specific accomplishment of the contract terms by a defendant.
State-certified appraiser
A person verified by the DBPR as qualified to issue state-certified real property appraisals.
Static risk
Risk that can be transferred to an insurer such as the risk of vandalism, fire, and so forth.
Statute
An established rule or law passed by a legislative body.
Statute of frauds
An act that requires that certain real estate instruments and contracts affecting title to real property be in writing in order to be enforceable.
Statute of limitations
An act that prescribes specific time restrictions for enforcement of rights by action of law.
Stay
Delay temporarily; stop for a limited time.
Steering
Discriminatory acts against buyers.
Stock
The ownership element in a corporation usually divided into shares and represented by transferable certificates (may be divided into two or more classes of differing rights and stated values).
Private mortgage insurance (PMI)
(See Township lines.)
Subdivide
To segment large, acquired tracts of real property in order to create small tracts for the purpose of resale.
Subdivision plat map
A plan of a tract of land subdivided into lots and showing required or planned amenities.
Subject property
The real property under discussion or appraisal.
Subject to the mortgage
A buyer makes regular periodic payments on the mortgage but does not assume responsibility for the mortgage.
Sublease
A business corporation consisting of one or more individuals engaged in a primary business that provides a professional service (e.g., lawyer, doctor).
Submeridians
(See Range lines.)
Subordination
Made subject to or subservient to; assignment to a lesser role or position.
Subordination clause
A provision in a mortgage in which the lender voluntarily permits a prior or subsequent mortgage to take priority over the lender’s otherwise superior mortgage; the act of yielding priority.
Subpoena
A writ or order commanding the person named to appear and testify in a legal proceeding.
Subrogation
Made subject to or subservient to; assignment to a lesser role or position.
Substitution, principle of
An economic law of value: no prudent buyer will pay more for a property than the cost of an equally desirable replacement property.
Suit
An act of suing; an action in a court of law for the recovery of a right or claim.
Summary suspension
Emergency or immediate action against a license to protect the public.
Supersedeas, writ of
A stay of enforcement; temporary stop in a legal proceeding; restraining order.
Supply
The quantity of goods or services offered for sale to consumers.
Puffing
The procedure used to measure and describe a specific tract of real property for the purpose of determining exact boundaries and the area contained therein.
Survivorship, right of
A legal concept whereby the surviving owners of a joint interest in real property are entitled to the interest formerly owned by one or more deceased owners.
Suspension
To cause to cease operating for a period of time; the temporary withholding of a person’s license rendering it ineffective; a period of enforced inactivity.
Tangible asset
Anything of substance; personal and real property (e.g., cash, building, equipment, land).
Tax
Compulsory payment paid by a citizen to a unit of government.
Taxable income
As if; of a similar nature; seemingly.
Taxable value
The assessed value less allowable exemptions resulting in an amount to which the tax rate is applied to determine property taxes due.
Tax certificate
A document sold by a local tax authority granting the certificate buyer the right to receive delinquent taxes plus interest when paid by the legal property owner.
Tax clause
A provision in a mortgage that requires the borrower to pay all legitimate property taxes.
Tax deed
A type of deed used to convey title after real property is sold at auction by public authority for nonpayment of taxes.
Tax district
An authority, such as a city, county, school board, or special levy area (e.g., water district), with the power to assess property owners annually in order to meet its expenditures for the public good.
Tax lien
A claim against real property arising out of nonpayment of the property taxes.
Tax rate
The percentage of value that is used to determine the amount of tax to be levied against each individual unit of property; ad valorem (according to the value).
Tax shelter
An investment that shields items of income or gain from payment of income taxes; a term used to describe some tax advantages of owning real property (or other investments), including postponement or even elimination of certain taxes.
Telephone solicitation
The initiation of a telephone call for the purpose of encouraging the purchase of, or investment in, property, goods, or services.
Tenancy
The estate or rights of a tenant. (See also Estate.)
Ratio
An estate lawfully acquired for a temporary period of time but retained after a period of lawful possession has expired; nonfreehold estate.
Tenancy at will
An estate that may be terminated by either party at any time upon proper notice; nonfreehold estate.
Tenancy by the entireties
An estate created by husband and wife jointly owning real property with instant and complete right of survivorship.
Tenancy in common
A form of ownership by two or more persons each having an equal or unequal interest and passing the interest to heirs, not to surviving tenants.
Tenant
A person or party with rights of occupancy or possession of real property.
Term mortgage
A profession requiring knowledge of real estate values, experience in dealing with the public, plus exceptional personal integrity and character as qualifications to act as advisors and agents for members of the public.
Testate
Having left a will.
Testator (testatrix)
A person who makes a will.
Third party
Generally, a member of the public; not the principal or agent in a transaction.
Tier
An east-west row of townships (as used in the government survey method of land description).
Time is of the essence
A phrase in a contract making failure to perform by a specified date a breach or violation of the agreement.
Time-share
An individual interest in a real property unit together with a right of exclusive use for a specified number of days or weeks per year.
T-intersection lot
An interior lot that suffers from its location at the end of a T-intersection (a street ends in front of the lot).
Title
The group of rights that represent ownership of real property and the quality of the estate owned; evidence of ownership of property; legal title.
Title insurance
A policy of insurance that protects the holder from any loss resulting from defects in the title.
Title plant
Copies of recorded documents from the public records kept by title insurance companies; record room.
Reconciliation
An examination of all of the public records to determine whether any defects exist in the chain of title.
Title theory
Legal concept that vests title to mortgaged property in the mortgagee (lender) or a third party.
Topography
Surface features (natural and manufactured) of land (e.g., lakes, mountains, roads).
Township
A square tract of land measuring six miles on each side and including 36 sections (formed by the crossing of range and township lines).
Township lines (subbaselines)
The east-west survey lines located every six miles north and south of the primary base line.
Trade fixture
(See Government survey system.)
Trade name
Any adopted or fictitious name used to designate a business concern.
Transaction broker
A broker who provides limited representation to a buyer, a seller, or both in a real estate transaction, but does not represent either in a fiduciary capacity or as a single agent.
Triggering terms
The Truth-in-Lending Act requires creditors to disclose certain information if certain credit terms, called triggering terms, are included in the advertisement. Triggering terms include the amount or percentage of down payment, number of payments, period (term) of repayment, amount of any payment, and the amount of any finance charges.
Trust
A right of property, either real or personal, held by one party for the benefit of another.
Trust account
A person or party, either appointed or required by law to administer or manage another’s property.
Trustee (escrow agent)
A person or party, either appointed or required by law to administer or manage another’s property.
Underwriting (loan qualification; risk analysis)
The analysis of the extent of risk assumed by a lender in connection with a proposed mortgage loan.
Unenforceable
A contract that was valid when made but either cannot be proved or will not be upheld by a court.
Unilateral contract
An agreement in which only one party promises to perform without receiving a reciprocal promise to perform from the other party.
Unincorporated association
A group of people associated together for some common, noncommercial purpose.
Renunciation
Individual prerequisites required to constitute a single joint tenancy.
Universal agent
A representative authorized by the principal to perform all acts that the principal can personally perform and that may be lawfully delegated to another.
Unliquidated damages
The amount of valuable consideration awarded by a court to an injured party as a result of default. (See also Damages.)
Usury
Charging a rate of interest greater than the legal one; unlawful interest.
Vacancy and collection losses
A deduction from potential gross income for (1) current or expected future space not rented due to tenant turnover and (2) loss from uncollected rent due from delinquent tenants.
Vacancy rate
Amount required to duplicate the property exactly.
Vacate
To set aside, cancel, or annul; to leave empty.
Valid
Sufficient to be legally binding; enforceable.
Valid contract
An agreement binding on both parties and legally enforceable against all parties to the agreement.
Valuable consideration
The money or a promise of something that can be measured in terms of money.
Value
The worth of something.
Variable lease
An agreement for the tenant to pay specified rent increases based on a predetermined index (CPI) at set future dates.
Variance
An exception to zoning regulations or ordinances granted to relieve a hardship.
Vendee
The buyer or purchaser of real property under an agreement of sale.
Vendor
The seller of real property in an agreement of sale.
Vendor’s lien
A claim against property giving the seller the right to hold the property as security for any unpaid purchase money.
Right of survivorship
Guarantees mortgage loans to encourage private lending agencies to give liberal mortgages to veterans and their spouses.
Void
Invalid; without force; no longer effective.
Voidable
A contract that because of the manner or method in which it was brought about, one of the parties is allowed to avoid his or her contractual duties
Voluntarily inactive
The license status that results when a licensee has met all of the requirements for licensure, yet the licensee chooses not to engage in the real estate business, and has requested his or her license be placed in this status.
Voluntary liens
Claims imposed against real property with the consent of the owner.
Warrant
An agency of the Department of Agriculture that offers assistance to rural residents and communities.
Warranty forever
A provision in a deed guaranteeing that the seller will for all time defend the title and possession for the buyer.
Waste
An improper use or abuse of property by one who holds less than the fee simple ownership of it.
Will
A written document legally executed by which an individual disposes of his or her estate, effective after death.
Witness
A person who gives testimony; one who observes and attests to the signing or executing of a document.
Wraparound mortgage
A financing technique in which the payment of the existing mortgage is continued (by the seller) and a new, higher interest rate mortgage, which is larger than the existing mortgage, is paid by the buyer-borrower.
Writ
A court order directing a party to do a specific act, usually to appear in, or report to, a court of law.
Yield
The rate of return; the return on an investment or the amount of profit stated as a percentage of the amount invested; the ratio of the annual net income from a property to the cost or market value of the property.
Zoning ordinances
Classification of real property for various purposes; the government power to control and supervise the utilization of privately owned real property (actually, the exercise of police powers).
