REA_Terms_A_M Flashcards
20-day notice
notifies the owner, general contractor, and lender that if the subcontractor or materialman is not paid, a lien will be filed
90-day clause
provides for the listing broker to be compensated if a buyer was procured during the period of the listing contract and subsequently agreed to purchase the property within the 90-day period
100 percent brokerage
The salesperson receives all of the commission collected by the brokerage; however, the salesperson must pay a monthly fee to the brokerage and sometimes a transaction fee as well.
Abstract of title
Summary of all conveyances and legal proceedings affecting title to a parcel of real estate
Acceleration clause
enables the lender to call the loan due and payable in the event of a default
Accord and satisfaction
Occurs when the parties voluntarily agree to complete the contract, even though all of the terms and conditions have not been met.
Accountability
One of the broker agent’s fiduciary duties; the responsibility to account for any trust funds received by the broker.
Accretion
Slow buildup of land by natural forces such as wind or water
Accrual basis
A method of accounting whereby revenue is recognized when it is earned and expenses are recorded when they are due rather than when paid.
Accurate legal description
a description recognized by law; a description by which property can be definitely located by reference to government surveys or approved recorded maps.
Acknowledgement
The formal declaration by a person executing an instrument that he or she is freely signing it
Acre-foot
Volume of water equal to an area of 1 acre with a depth of 1 foot (43,560 cubic feet) and equal to 325,850 gallons
Active management area
Five Arizona areas (Prescott, Phoenix, Pinal County, Santa Cruz County, and Tucson) where withdrawal of groundwater is limited
Active participation
a lower level of involvement than material participation
Actual damages
the estimated money equivalent for loss or injury sustained
Actual notice
knowledge one has gained based on what has been actually seen, heard, read, or observed
Ad valorem tax
property tax, which means “according to value”; each piece of property is taxed according to its assessed value
Adjustable rate mortgage (ARM)
borrower and lender share risks off a fluctuating interest rate economy
Adjusted gross income
a federal income tax amount that is determined by subtracting amounts specifically authorized by the Internal Revenue Code from gross income
Advance rentals
rents received in advance of the period for which they are paid
Adverse possession
a method of acquiring property based on open and notorious possession, under a claim of right, color of title, continuous us for five year, and the payment of taxes
Affidavit of completion of forfeiture
a written statement recorded by a vendor that terminates a buyer’s interest when the buyer defaults on a land contract
Agency coupled with an interest
an irrevocable agency in which the agent has an interest in the property as part or all of his compensation
Agent
one who represents another called a principal and has authority to act for the principal in dealing with third parties
Agricultural lease
a lease by owners of agricultural land with tenants who entered one of two types of agreements; cash rent or sharecropping
Air lots
air-specific elevation boundaries over a parcel of land
Air rights
allow the owner the right to reasonable use of the airspace for light and air
Alienation
the act of transferring real property from one person to another
Alienation by decent
the transfer of one’s property after death in accordance with the laws of descent when a person dies intestate
Alienation by will
the transfer of ones property after death pursuant to the terms of the decedent’s valid will
Alienation clause
in a deed of trust or mortgage, a provision that if the secured property is sold or transferred, the lender has the option of accelerating the loan and declaring the entire unpaid balance immediately due and payable; also called a “due on-sale” clause
All-inclusive deed of trust or Wrap-around mortgage
purchase money transaction subject to, but still including, encumbrances to which it is subordinate; legal title is actually conveyed and title insurance may also be obtained
Allodial system
establishes absolute ownership, which means there is no obligation to pay rent or services
Alluvion
surface land gained by accretion
Amenity
a condition of agreeable living or a beneficial influence resulting from the location
American Land Title Association (ALTA)
association of land title companies throughout the country
Americans with Disabilities Act (ADA)
the first comprehensive American civil rights law for people with disabilities, and affects every employer, business, and public service, including real estate
Amortized loan
the liquidation of a financial obligation on an installment basis, which includes both principal and interest
Annual net income
gross income less costs and expense for a 1-year period
Annual percentage rate (APR)
the cost of credit as determined in accordance with Regulation Z of the Federal Truth in Lending Act
Anticipation
value created by expectation of benefits to be collected in the future
Appraisal
an estimate or opinion of value as of a specified date based on analysis of factual data
Appraiser
May either be staff appraisers working for county assessors, banks, or the government, or they may work as independent fee appraisers
Appraising
An important division of the real estate business, Appraisals are necessary for many purposes, including determining insurance value, assessed value, condemnation value, and so on
Appreciation
an increase in property value
Appurtenances
rights, privileges, or improvements that belong to and pass with a property
Appurtenant easement
attached to the land and if the property is sold, the easement is transferred to the new owner
Arizona Corporation Commission
a state of Arizona agency that regulates corporations and limited liability companies
Arizona Real Estate Code
the section of Arizona Revised Statutes that regulates real estate licensees
Arizona Residential Landlord and Tenant Act
the Arizona Revised Statute based on the Uniform Residential Landlord and Tenant Act
Article XXVI
article in the Arizona constitution, which gives brokers and salespersons the right to draft, fill out, and complete any and all instruments relating to real estate
Articles of Incorporation
a document filed in the state in which a corporation is formed that establishes a corporate entity
Articles of Organization
a document filed with the Arizona Corporation Commission to form an Arizona Limited Liability Company
Asbestos
mineral fiver found in rocks, which is fire resistant and extremely durable
Assemblage
the process of combining two or more parcels into one
Assessed value
the value put on the property by the county assessor for the purpose of computing ad valorem property taxes
Asset
something of value, a useful item of property, owned by a person
Assignee
third party to the contract
Assignment
a transfer to another of any property or tight; the transfer of one’s entire interest in property
Assignor
the original party to the contract
Associate broker
Has the same privileges and responsibilities as licensed sales agents
Assured water supply
a certificate issued by the director of water resources that is required before an Arizona subdivision located within a groundwater active management area can be approved
Avulsion
a sudden loss of land, which may occur as a result of a sudden shift in a riverbed, volcanic action, and earthquake, or another cause
Back-end ratio
a loan qualifying ration based on total living expenses
Balance
the principle that implies a balance between net return on investment and expenses of labor capital, management, and land
Balloon payment
a not’s final installment payment, which is greater than the preceding payments and pays the note in full
Bankruptcy
insolvency; a legal process wherein one is declared bankrupt and the estate of the bankrupt is managed under court supervision for the creditor’s benefit
Bare legal title
the trustee has the power of sale if the borrower defaults
Bargain and sale deed
a deed that contains no covenants, but does imply that the grantor owns the property being conveyed
Base lines
imaginary lines that are east-west lines parallel to the latitudinal lines
Bench mark
Brass marker embedded in a road or permanently attached to a tree or iron post to give the elevation based on the official datum
Beneficiary
One for whose benefit a trust is created; the lender in a deed of trust arrangement
Bequest
The transfer of personal property through a will
Bilateral contract
Two-sided contract, with each side making a promise of performance that is binding upon both parties. Most real estate contracts are bilateral contracts
Blanket mortgage
Mortgagor pledges more than one property to secure the note
Blind ad
Advertising property in a manner that implies that no salesperson or broker is taking part in the offer for sale, lease, or exchange
Blind trust
a trust in which the beneficiary is not disclosed
Blockbusting
Illegal practice of inducing panic selling in a neighborhood for profit, based on the introduction of minority homeowners into a neighborhood
Book value
an accounting term for the cost of real estate less depreciation recorded for accounting and tax purposes
Breach of contract
occurs when either party defaults on the contract. Rescission, damages, liquidated damages, or suits for specific performance are actions that may result from, a breach of contract
Broker Management Clinic
A required 3-hour continuing education course that new Arizona broker licensees must complete prior to license issuance and that designated brokers must complete every 2 years
Brokerage
The business of bringing buyers and sellers together in the marketplace for a fee called a commission
Brown v. Board of Education
U.S. Supreme Court decision in this case outlawed segregation in schools and marked the beginning of the end of the era of legalized segregation
Brownfields
a property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant
Budget loan
when the borrower is forced to put away money in trust for the payment of the property taxes and insurance
Budget mortgage
Features loan payments that include principal, interest, taxes, and insurance (often called PITI)
Buffer zone
Strip of land that separates one land use from another
Bundle of rights
Property rights that include the rights of control, possession, quiet and peaceful enjoyment, disposition, and encumbrance
Caissons
Small parcels of land that serve as support foundations
Capacity
Competent party; a person considered legally capable of entering into a binding contract
Capacity
Ability to pay a debt or loan being contemplated
Capital asset
Generally includes all assets owned as an investment or for personal purposes, e.g., stocks, bonds, a personal residence, household furnishings, cars precious metals, and assets used in a trade or business
Capital gain or loss
Gain or loss on the sale of a capital asset
Capital improvements
Includes carpeting, window coverings, new roof, new plumbing or electrical systems, building additions, and major repairs such as a new driveway, refurbishing stucco, or new landscaping
Capitalization rate
The percentage rate or rate of interest considered a reasonable return on the investment
Cash basis
A method of accounting whereby revenue and expenses are recognized when cash is received or disbursed
Cash rent
A lease between an agricultural landowner and a tenant, whereby the tenant pays the landowner a specified amount of money in advance in exchange for the right of the tenant to use the agricultural land to plant, maintain, and harvest a crop upon the land
Caveat emptor
A Latin phrase meaning “let the buyer beware”; the legal maxim stating that the buyer must examine the goods or property and buy at his or her own risk
Caveat venditor
A Latin phrase meaning “let the seller beware”
Cease and desist order
An order issued by a legal authority to discontinue a certain action
Central Arizona Project
Federal Bureau of Reclamation project to build the Grand Canal that delivers water from the Colorado River to central Arizona
Certificate of Eligibility
Determines a veteran borrower’s maximum entitlement
Certificate of Occupancy
A government-issued document that states a structure meets local zoning and building code requirements and is ready for use
Certificate of Purchase
Document issued to the successful bidder at a sale held by the county treasurer for delinquent property taxes
Certificate of Sale
Document issued to the highest bidder at a judicial foreclosure sale
Chain of title
A series of conveyances, encumbrances, and other instruments affecting the title from the time original patent was granted, or as far back as records are available; a history of the recorded ownership o real estate and claims against title to real estate.
Change
A principle in valuation that considers economic, social, and physical changes
Character
Desire or willingness to pay a debt or loan being contemplated
Chattel real
Leasehold estate
Civil Rights Act of 1866
An act that guarantees property rights to all citizens regardless of race
Civil Rights Act of 1964
An act that prohibited discrimination in programs receiving federal financial assistance, but had little impact in the housing market
Clandestine drug laboratory
A facility that utilizes chemicals and equipment in the manufacture of illegal substances; meth labs
Client
A person (principal) represented in the purchase or sale of real property by a broker
Closing costs
Expenses paid by the buyer and seller to complete the transaction
Clouds on title
A claim or document that affects title to real estate; the actual cloud may ultimately; prove invalid, but its existence mars the title
CLUE report
An insurance industry report based on a national database of claims and inquiries
Cluster zoning
Zoning that changes street patterns and reduces the size of individual lots, but provides for the same number of residences with more open recreational space and less traffic congestion than on a regular grid pattern of subdivision
Code of Ethics
Articles that pertain to the REALTOR’s relation to clients, other real estate agents, and the public
Coinsurance clause
The insurer and the insured share the insurance risk; calculated on the policy amount and the percent of the actual insured values
Collateral
Security pledged for payment of a loan
Color of title
That which appears to be a good title but, in fact, isn’t; for example, a forged deed
Colorado River water
Category of surface water that is governed by federal law and administered by the department of Interior through the Bureau of Reclamation
Commercial bank
A bank specializing in checking and savings accounts and short-term loans
Commercial facilities
Facilities “that are intended for nonresidential use” by a private entity and “whose operations affect commerce”
Commercial landlord/tenant statutes
Arizona statutes that apply to landlord and tenant issues for commercial rental properties
Commercial property insurance
Covers most types of commercial buildings
Commingled
The mixing of clients’ or customers’ funds with an agent’s personal funds
Commission
An agent’s compensation for performing the duties of his or her agency agreement
Commission sharing brokerage
Percentage of the commission amount collected by the brokerage is paid to the salesperson; commission sharing percentages generally range from 50 to 70 percent, depending on the experience and volume of production by the licensed salesperson
Commissioner
Refers to the Commissioner of the Arizona Department of Real Estate
Commissioner’s Public Report (CPR)
After examining a subdivision the Commissioner issues a public report (unless there are grounds for denial) authorizing the sale or lease of the lots, parcels, or fractional interest within the subdivision
Commissioner’s Rules
Real estate licensees are subject to the Commissioner’s Rules of the Arizona Administrative Code, which are authorized by statutes and allow the Commissioner to interpret and clarify the real estate code through the development of rules and regulations
Common elements
All portions of a condominium other than units
Common law
Is based on tradition, customs, and usage and is generally unwritten in statute or code; common law was developed in England and transferred to the United States with the early colonists
Common promotional plan
A person or group of persons acting in concert to offer lots for sale or lease
Community property
Property co-ownership wherein husband and wife are treated as equal partners with each owning a one-half interest
Community property with rights of survivorship
Allow a married couple to receive benefits under the federal tax code for community property while avoiding probate
Community Reinvestment Act
An act by Congress to help prevent redlining and discrimination by lenders
Competition
The appraisal principle that states that excess profits generate competition; if too much competition is attracted to an area losses in profits will result
Competitive market analysis
A comparison of prices of recently sold homes that are similar to a seller’s home
Comprehensive development plan
Provides housing, recreation, and commercial development in one self-contained development or in urban high-rise facilities where individuals can live, work, and play within the same area
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
The law that was enacted by congress in 1980 in response to the environmental and public health hazards imposed by improper disposition of hazardous waste
Concurrent ownership or co-ownership
Ownership by two or more persons at the same time
Condemnation
The act of taking private property for public use by a political subdivision through the exercise of the power of eminent domain
Condominiums
A system of individual ownership of units in a multifamily structure, combined with an undivided interest in the common areas of the structure and the land
Confidentiality
The part of the agent’s fiduciary duty to treat information form the client with confidence
Confiscation
Right of government to seize property without compensation in the interest of national security
Conforming loan
A conventional loan that follows Fannie Mae and Freddie Mac residential loan uniform documentation and qualification parameters
Conformity
Appraisal principle stating that a property achieves maximum value when the property reasonably conforms to the neighborhood
Consent order
An order that reflects the terms of an agreement between the Department and the licensee
Consideration
The inducement to contract; is something of value, such as money, property, personal services, or the promise to perform a specific action; consideration makes a contract enforceable
Construction loan
An open-end mortgage loan that finances the cost of materials and labor for a building; short-term loan that must be replaces with permanent financing
Constructive eviction
Termination of a rental agreement by the landlord’s noncompliance
Constructive notice
Notice given by a recorded document because a person could have discovered certain facts upon reasonable investigation and a “reasonable man” in the same situation would have conducted such an investigation
Contract
Legally enforceable agreement between competent parties who agree to perform or refrain form performing certain acts for a consideration
Contract for deed
Also called an agreement for sale or land contract, enables the seller to finance a buyer by permitting the buyer to make a down payment followed by monthly payments
Contract for sale
A real estate installment sales arrangement whereby the buyer may use, occupy, and enjoy the property; however, no deed is delivered by the seller until the entire contract price has been paid
Contract rent
The rental price stated on the lease agreement
Contract rescission
The canceling of a contract by either mutual consent of the parties or legal action
Contract Writing Course
A 6-hour continuing education course that is required to be completed prior to the insurance of an initial Arizona real estate salesperson license
Contribution
The same principle as increasing and decreasing returns, except that it applies to only a portion of the property
Conventional (formal) will
A will that is normally prepared by an attorney and properly witnessed according to statute
Conventional life estate
A fee simple estate granted for the life of an individual
Conventional loan
A loan that is made that is not federally insured or guaranteed.
Conversion
Use of funds by the broker for other than their stated purpose is illegal
Cooperating broker
The selling broker, who almost always represents the buyer
Cooperatives
Generally organized as corporations with the tenants owning the stock
Corporation
A legal entity formed and authorized by law to act as an individual person with rights and liabilities distinct from those of the persons compromising it
Corrective deed
A document used to correct an error in a previously recorded deed
Cost
The historical expenditure for the purchase, construction, or improvement of a property
Cost approach
Also called appraisal by summation, estimates today’s cost of all improvements, minus all factors of depreciation, plus the valuation of the land using the market data approach
Cost recovery
The recovery of cost through depreciation for accounting and tax purchases
Covenants
Agreements written into deeds and other instruments promising performance or non-performance of certain acts
Covenants, Conditions, and Restrictions (CC&Rs)
Document that itemizes deed restrictions that uniformly affect all of the subdivision; also called the Uniform Declaration of Restrictions
Credit
The reputation of a person or firm for the paying of bills when due
Credit report
A report reflecting the credit-worthiness of a borrower by showing past credit history
Credit unions
Similar to the original savings and loans—they are operated primarily for the benefit of their members or depositors
Cubic area formula
To compute multiply the width x length x depth or height.