Real Estate Class Review Flashcards
What regulates the type of building that can be built?
Zoning laws
What entity gives exceptions to zoning laws?
ZBA Zoning Board of Appeals
What are exceptions to Zoning Laws called?
Variances
Which Agency regulates Water/Sewer
Dept of Health (DOH)
What is high limits of life insurance?
Umbrella insurance
What is the lender’s interest in property insurance/title insurance?
To protect the mortgage
What are ad volurum taxes?
Taxes based on assessed value (not market)
What is the sequence of challenging assessments?
— Burden of proof on homeowner
— meet the assessor
— assessment review board
— sue in court
What is STAR?
School tax relief program
What is a 1031 Exhange?
It is a like kind tax deferred exchange for investment property only
Over how many years can residential investment property be depreciated?
27.5
Over how many years can commercial investment property be depreciated?
39 years
Depreciation Math:
Market Value $1M; Land Value $300k. What is the per year depreciation value for both a residential and commercial property?
Figure this out
How many years must a owner occupy primary residence?
2 out of the last 5.
How much does an individual/married couple get in capital gain tax free?
$250k/$500k
What is the definition of a limited common area no and examples?
Areas owned by all, but used by one person. Balcony, parking spot
What kind of estate is a Condo?
Freehold, conveyed by deed
What kind of estate is a Coop?
leasehold, conveyed by proprietary lease/stock certificate
Who holds the title of a Coop?
The corporation
What is the minimum kind of license to sell real estate in NY?
Real Estate Agent License
How old must one be to sell commercial real estate?
18
What does a sale lease back do?
Frees up liquid assets
What is an escalation clause in a lease?
It allows the landlord to raise rent at pre-determined times
What is a pass-thru clause in a lease?
Allows landlord to raise the rents immediately when expenses go up
Who pays taxes in a triple net lease?
The tenant
What kind of leases are most residential leases?
Gross leases.
What kind of leases are most commercial leases?
Net leases
What is the gross square footage on a commercial lease?
Total rentable sf.
What is the usable sf in commercial called?
Usable sf.
What is a commercial lease price for sf cost based on?
Gross sf
What makes up an Operating Statement?
Current rent, expenses, and profit
What is a pro-forma?
Projection of FUTURE rent, expenses, profit
What is the CAP rate formula?
Net Op Income / Market Value
What is the market value formula?
Net Operating Income/Cap Rate
What does RSF mean?
Rentable Square Footage
What does USF mean?
Usable square footage
What is the formula for building efficiency?
USF/RSF
What is the formula for finding out Loss Factor?
RSF - USB / RSF
What do property managers owe property owners?
Fiduciary
On 1st week on job, Property manager needs to increase property taxes. What component is he handling?
Risk Management
How old must one be to be a broker in NY? What are other requirements?
20/ 2 yrs experience + 3500 points OR 3 yrs experience + alternative credits
What is it called when a broker puts business money into their own accounts?
Co mingling
What it is called when funds are put in a special account, such as down payment?
Escrow
Name the Fiduciary elements.
OLDCAR
What article is the NY Real Estate Law?
Article 12A
What is the penalty for violating the NY Real Estate Article 12A?
Misdemeanor, $1k fine/1 year in jail
Who negotiates commissions?
Broker and Client
How long does fiduciary last?
Forever.
When is a broker’s commissioned earned?
Meeting of the minds
When is a broker’s commission paid?
Closing
What is the first document an agent should give anyone?
Agency Disclosure.
When does an agent give disclosure?
First substantial contact
What is considered first substantial contact?
First face-to-face meeting discussing real estate.
What must happen if someone refuses to sign disclosure?
Agent must fill out an affidavit/declaration. Agent signs and must be notarized and kept on file.
What does Exclusive Agency Agreement mean?
The seller retains right to sell their property on their own.
What is an open listing?
Whomever brings the buyer gets the commission.
Who are listing agreements between?
Broker and Seller.
What is a Net Listing in NYS?
Illegal.
When can a broker accept both buyer and seller commissions?
When they have written permission
What is dual agency?
When 1 brokerage reps both seller and buyer. Legal in NY with written informed consent.
What is it called when a broker represents buyer and seller without written permission?
Undisclosed Dual Agency — suspension.
If a real estate agent has a Mortgage Loan Officer license and both reps the seller and helps buyer get a mortgage, what is this called and is it legal?
Dual Agency and yes.
What is it called with a number of brokers get together and decide not to use a certain business?
Group Boycotting. Federally illegal.
What kind of deed do 2 unmarried people use for survivorship?
Joint Deed.
What deed is used by people who don’t want survivorship?
Tenants in common
What is the term for only one person on the deed?
Severalty.
What kind of deed is used for a married couple, both on deed?
Survivor Entirety.
What is it called when one property gets right to use a portion of another property for their use?
Easement appurtenement
What is it called when a gov’t or utility company uses a portion of one’s land for their purposes?
Easement in Gross
In an easement, the property using the other property is called?
Dominant