principles and practices Flashcards
the law of agency
real estate agents owe the fiduciary duties to their respective clients
obedience
agent cannot exceed the authority given by the principal and must follow all lawful instructions
loyalty
agent must put clients interests ahead of all others, including the agents interests
disclosure
agent must disclose affirmatively all information concerning the transaction that might affect the principals best interests
confidentiality
agent cannot disclose confidential information of the principal to others
account
agent is required to promptly report all money received and paid out
reasonable care
agent is required to protect the principal from foreseeable risks of harm
buyer is
offeror
seller is
offeree
municipal taxes
property is assessed annually according to value (ad valorem)
special assessments
additional taxes for property enhanced by expenditure of public funds
zoning ordinances
are a means of regulating and controlling land and its use even though the property is privately owned
setbacks
a distance from frontage, side lines and rear lot lines before foot of building (foundation) is allowed
variance
a formal legal process to permit doing something that an existing zoning ordinance forbids
noncomforming use
a legal use that existed prior to the enactment of the ordinances
conditional use permit
allows a special use if deemed desirable for the public good or convenience
building codes
define basic requirements for construction, performance and maintenance standards, not specific materials or designs.
easements
an irrevocable right or interest one party has in the land of another, a non possessory interest in land of another; a right running with the land
easement appurtenant
two adjoining lots. owner of one lot has right of way across next lot
dominant tenement
is the party with right, receivable benefit- an appurtenance
servient tenement
is the party who’s property is burdened- an encumbrance
creation of easement appurtenant
by deed- a voluntary giving of a right
easement in gross
owner gives personal right in writing, to another who does not own adjoining lot
encroachments
unauthorized intrusion of another discovered by survey
adverse possession
neighbor claiming a legal right to continue use of land
cooperatives
a corporation that acquires realty to provide the shareholders with housing