Practice of Real Estate and Disclosures Flashcards
Real Estate Commissioner
- Appointed by the Governor to head the DRE.
- Promulgates Regulations that have the force and effect of Law.
- CA Code of Regulations
- Issues, restricts, suspends and revokes licenses (not the courts)
LICENSES
- Required for any RE act for another for compensation or expected compensation.
- Assisting buyers and sellers
- Answering detailed questions about RE finance
- Property Management
- A principal (for self) buying or selling 8 or more loans
- Introductions do not require a license but solicitation does.
UNLICENSED ASSISTANT
- may not solicit
- may not choose pest control, inspection, etc.
- may not advise borrowers
- may create ads but must be approved by broker
- may assist at open but may not solicit or discuss property or loans.
Real Property
- Land - includes reasonable use of surface, mineral, airspace above land and water rights.
Water Rights
A landowner has the right to make reasonable use of water on, under or adjacent to land.
Water rights may be severed by voluntary transfer, condemnation or prescription.
Riparian Rights
The right to moving water that is the boundary of a piece of land. Owns land to the midpoint of the water. If its navigable, then only owns to the edge of the water.
Owner of riparian rights cannot be accurately determined from an examination of public record.
Littoral Rights
Right to non-moving water.
Fixtures
A fixture is something incorporated into real property. Factors used to determine if something is a fixture: Method of attachment Agreement between the parties Relationship of the parties Intention of the parties Adaptability of the parties
Appurtenances
Things used for the benefit of the land.
Run with the land.
Stock in a mutual water company is appurtenant to the land.
Specific Liens
mechanic's liens trust deed mortgage attachment property tax lis pendens
Agricultural and Horticulture Leases cannot exceed
51 years
Urban Property Leases cannot exceed
99 years
Max Security Deposit
2 months’ rent for unfurnished property
3 months’ rent for furnished property
Security Deposit must be returned within
21 days
Governments transfer lands to individuals by
a patent not a deed
Subdivision Map Act
grants cities and counties over the design of a subdivision
cities and counties develop master plans to show the locations of streets, freeways, commercial districts and seismic activity zones
master plans are implemented by zoning laws
A subdivision of four or less parcels is regulated by Subdivision Map Act only
Subdivided Land Law
Designed to prevent fraud
regulated by the RE Commissioner
A subdivision of 5 or more parcels is regulated by Subdivided Land Law and Subdivision Map Act
Desist & Refrain Order
issued by Commissioner to stop violations of Subdivided Land Law
Final Public Report
Issued by Commissioner when all of Commissioner’s requirements have been met with respect to a subdivision
Buyers must receive a copy.
Subdivider must give copy to buyer and obtain receipt before entering in a binding contract
must be kept on file for 3 years
Brownfield Development
A real estate parcel with the presence or potential presence of hazardous or toxic substances, pollutants or contaminants
Smart Growth
urban planning and transportation theory that concentrates growth in compact walkable urban centers to avoid sprawl
Williamson Act (CA Land Conservation Act of 1965)
gives property owners a reduction in property taxes on agricultural lands in exchange for long-term commitments to retain the land as open space for agricultural use
Timeshare Subdivisions
buyers have until midnight on the 7th calendar day to rescind the purchase contract
After Acquired Title
conveyed by a grant deed
benefits grantee and beneficiary under trust deed
includes any personal property that is later permanently affixed to the property and additional land acquired by the grantee through accretion
Ownership in Severalty
ownership by one person, individual or corporation; sole ownership
Joint Tenancy
Four Unities
Time
Title
Interest
Possession
RIGHT OF SURVIVORSHIP - joint tenants can do anything with their interest except will it; surviving tenant automatically receives interest
not liable to creditors of deceased who hold unforeclosed liens
a joint tenant may sell his or her interest without consent of other joint tenants - new owner becomes a TIC
recording a lien against a joint tenant’s interest does not sever that interest until the lien is foreclosed
corporations cannot hold title as joint tenants
joint tenancy can be severed by voluntary transfer or operation of law
Tenancy in Common
Only requires unity of possession.
May hold unequal interests
Interest may be willed away
One tenant cannot grant an easement
Community Property
husband and wife
each owns 50%
either party can lease for one year or less
contract to sell signed by one spouse is voidable but broker can sue for commission
Metes & Bounds
created by a survey
described boundaries but does not measure land
starts at a fixed point and ends at point of beginning
metes are length
bounds are boundaries
Recorded Tract Map or Lot and Block System
legal description is created by reference to a recorded tract map
Township and Section Method
aka US Govt Rectangular Survey System
A legal description used to described very large pieces of land like desert, ranch and farms.
The starting point is the intersection of a line running east/west called the base line and a line running north and south called a meridian line.
Townships
All of CA divided into Townships which contain 6, 6 mile squares for a total of 36 square miles.
Sections
Townships are divided into 36 one mile squares called sections
Each section contains 640 acres
A quarter section is 1/2 mile by 1/2 mile and contains 160 acres
There are 18 square miles in 1/2 a township
One side of a section is 5,280 feet
Broker as Escrow
Broker may act as escrow and charge a fee if he is an agent for the seller or buyer in the transaction.
If Broker wants to act as escrow for transactions where broker is not an agent, then needs to be licensed as an escrow company but the Department of Oversight.
Must record trust deed within one week of closing.
Termite Reports
Seller should order termite report before the property is listed.
Broker must be certain buyer receives report as soon as possible before closing.
When a termite report recommends preventative work, the buyer usually pays for the work.
Short Rate Refund
seller receives a short rate refund when home is sole and fire insurance policy is cancelled which is less than the prorated amount
Documentary Transfer Tax
collected when a deed is recorded
the tax is based on purchase price minus any existing loan
the purchase price is new money and the loan assume is old money (already taxed)
Tax Rate - .55 for every $500 of consideration or fraction thereof
Property Tax
ad valorem (according to value)
Country Tax Assessor - assess the value of all taxable property in the county every year.
Annual assessments are published in the assessment roll.
Purpose of assessment roll is to establish the tax base
Property is assessed at 100% of taxable value (100% of FMV or full cash value)
County Board of Supervisors - sets the tax rate which is limited by Prop 13 to 1% of the purchase price, plus an amount to cover existing debt
Property Tax Bill - prepared by the Tax Collector. Tax bull assess land and improvements separately but they are taxed at one rate.
Between March 1 and July 1, the county tax assessors compile a list showing the assessed value of all taxable property in the county (the tax rolls) as of March 1. This total is the tax base. Using this, and the budget to run the county, the Board of Supervisors sets the tax rate needed to meet the budget, within the limits set by Proposition 13. The county tax collector applies the rate to each property’s assessed value to determine that year’s individual property tax.
Productivity
The productivity of real estate is the income it produces. Income and value will vary directly and proportionately. Thus, each is a function of the other.
Grant Deed
Contains 2 implied warranties:
1) grantor has not conveyed title to any other person
2) the estate is free from undisclosed encumbrances
A grant deed is the only deed which conveys after-acquired title - any personal property later affixed to the land and additional land acquired by accretion
Contract
Offer Acceptance Communication Capacity of the Parties Consideration Lawful Object
Title Plant
A title plant is a collection of records in the title company’s office. These records are developed from information recorded at the county recorder’s office.
Negotiable Instruments
Freely Transferable in the Market
A) Signed by the maker and payable to order or bearer
B) An unconditional promise
D) Payable on demand or at a definite time
Narrative Form of Appraisal Report
The beginning or cover letter in a narrative form of appraisal sets forth the purpose of the appraisal and the final opinion of value. Everything that follows in this most comprehensive form of appraisal is the appraiser’s data to support the appraiser’s conclusion.
Real Property
Real property consists of (1) land, (2) things affixed to the land, (3) appurtenances, and (4) that which is immovable by law. Two examples of appurtenances are (1) easements appurtenant and (2) stock in a mutual water company. According to the Civil Code, cultivated crops would be personal property if already sold, mortgaged, or growing on leased land (emblements).
Blanket Encumbrance
A blanket encumbrance is one that burdens more than one piece of land. This is possible with a mortgage, trust deed, or mechanic’s lien. Tax liens, however, are levied against only individual parcels of land and therefore cannot be blanket encumbrances.
In a period of inflation, the Federal Reserve Board would take which action to curb inflation?
To curb inflation, the Federal Reserve Board would raise the reserve requirements for its member banks and enter into the bond market in a selling capacity. If the Federal Reserve Board reduced reserve requirements, lowered discount rates, or bought bonds, it would make more money available and create greater inflation.
The bargained rent between the landlord and the tenant that is actually paid by the tenant is known as
Contract rent is the bargained rent that is agreed to under the lease.
For federal income tax purposes, a taxpayer could adjust the cost basis of the personal residence on income tax records for which item?
Cost basis is the same as tax basis. The addition of a capital improvement would constitute an increase to cost basis.