Real Estate Sales Exam Flashcards
Voluntary Alienation
Property Conveyed or transferred voluntarily
How can Voluntary Alienation be accomplished?
Dedications, gifts, public grants, and sales
Dedication
Term used for a specific type of voluntary transfer of property from an individual to the government
Consideration
No money or other thing of value is exchanged for the property
Public Grants
Transfers of property in which the government gives a piece of property to someone
Grantor
Person selling the property
Grantee
The person buying the property
Involuntary alienation
Property that can be taken against your wishes or for some other reason it can be lost
What are the forms of involuntary alienation
adverse possession, avulsion and erosion, eminent domain, foreclosure, forfeiture and partition.
Adverse Possession
The loss of your property or some rights to your property because of continues use by someone else
Prescriptive Easement
The original owner can lose complete title (ownership) to the property or only a right to use part of the property
Tacking
The ability of a party claiming possession to count or accumulate the necessary amount of time of possession during the ownership’s of more than one owner
How do you get title to property through adverse possession?
The person claiming title must file a lawsuit or otherwise initiate an action to quiet title in court
Avulsion
The sudden loss of land, can occur by natural processes. Earthquakes, landslides and mud slides.
Erosion
Loss of land through a gradual process
Accretion
Gaining land by natural forces
Eminent Domain
The taking of land against your wishes by the government or other public agency
Foreclosure
Losing your property involuntarily to pay a debt
Partitioning
is a legal preceding that is undertaken to divide a single piece of property that is owned in shares
Will
A document that determines how a deceased persons real property and personal property are to be distributed after death.
Testator
The person for whom the will is drafted
Devisee
Anyone who receives title to real estate through a will
Devise
The gift of real property
Codicil
An addition or change to an existing will made by the person for whom the will was written
Contract
An agreement either to do or not to do something. The agreement must be made voluntarily by legally competent parties.
Express Contract
Created when parties to the contract clearly state in words what they agree to do or not
Implied Contract
Created by the actions of the parties
Bilateral Contract
One in which two parties each agree to do something, in effect exchanging promises
Unilateral Contract
A one-sided agreement in which only one party is obligated to do what is promised
Exercising the Option
The buyer is free to buy or not to buy, but the seller must sell the property to the buyer at the stated price if the buyer whats to buy it within the years time.
Statute of Frauds
Requires most real estate contracts to be in writing for them to be enforceable
Uniform Commercial Code (UCC)
Governs sales and contracts involving personal property like a car
What makes a contract valid?
Legally competent parties Mutual Agreement Lawful Object Consideration Agreement in writing
Void Contract
One in which one or more of the required elements are missing. A contract to do something illegal is a void contract
Unenforceable Contract
One that seems valid, and may in fact have all the elements of a valid contract but for one reason or another cannot be enforced by one party against another.
Voidable Contract
Usually involves a situation in which one of the parties may not have the legal ability yo enter into a contract but may confirm the contract at a later time.
Executory Contract
One in which one or more of the terms of the contract have not been completed
Executed Contract
One in which everything is completed
Listing agreement
Is between an agent and a property seller
Exclusive right to sell listing agreement
Requires that compensation be paid to the broker regardless of who sells the property
Exclusive agency listing agreement
One in which a fee is owed to the broker only if the broker sells the property.
Open Listing Agreement
Owner agrees to pay a fee to any broker producing a successful buyer
Buyer Agency Agreements
Are formed between an agent and someone who wants to purchase a property
Exclusive buyer agency agreement
requires that the buyer pay the agent whether or not the agent finds the buyer the house that the purchaser buys
Exclusive agency buyer agency agreement
The buyer is obligated to pay the agent only if the agent produces a property that the buyer buys
Open Buyer agency agreement
Buyer essentially says he will pay any agent who finds him a property
What are the elements of a valid contract
Legally Competent Parties
A contract that must be in writing
A legal description of the property
Words of mutual agreement to buy and sell the property
Consideration, what is being paid or exchanged and any other financial terms
Signatures of both or all parties; The signing of a contract for the sale of a property gives the buyer equitable title which isn’t yet ownership and which can be conveyed in a deed.
Lawful Object: This requirement is usually pretty easy to meet because the object of the real estate sales contract is to sell the real estate
Uniform vendor and purchaser risk act
requires the seller to bear any loss that occurs before title is passes to the buyer
Contingency Clause
Statement that requires that a specified condition must be met for the contract to be completed
Mortgage Contingency
allows for the possibility that the buyer may not be able to afford to buy the house
Inspection Contingency
An agreement that requires an inspection of the house by a home inspector
Conditional Sales Contract
May be used to purchase property without immediately paying the full price and without obtaining a mortgage
Lease
A form of real estate contract that gives someone exclusive use of a property for a period of time for a fee.
Discharging a Contract
ending the contract in one of several appropriate ways
What are the ways a contract can be discharged
Performance Assignment and Delegation Death Impossibility of Performance Mutual Agreement Novation Operation of Law Partial Performance Rescission Substantial Performance
Forfeit the Contract
The seller formally declares the contract forfeited.
Rescind the contract
After a buyer defaults the seller declares the contract rescinded. This statement puts everyone back in the same position as when the contract never existed
File suit for compensatory damages
The seller brings a lawsuit against the buyer for monetary damages that the seller believes he has experienced because the buyer defaulted on the contract.
File suit for specific performance
Is to force the buyer to buy the house.
Lease Fee Estate
The owners interest in a property in a lease situation
Leasehold Estate
The tenants interest in the property
Estate for years
A lease agreement with a definite starting and end date
Periodic Estate
Occurs when the original agreement doesn’t contain any definite period of time
Holdover tenant
When a lease with an ending date ends and the tenant doesn’t move out and the landlord continues to accept the rent.
Estate at will
When the landlord allows the tenant to occupy the premises, but there is no definite period of time when the arrangements will expire.
Estate at sufferance
Occurs when a tenant who had a legal right to occupy the premises continues to occupy the space after the right of occupancy has expires.
Uniform Residential Landlord and Tenant Act
Provides additional terms and conditions that should be addressed in the lease.
Rent Control
Any type of government control over what a landlord may charge a tenant
Gross Lease
Where the tenant pays the same rent each month, and the landlord pays all the buildings expenses, such as maintenance and taxes
Ground Lease
Lease where someone rents an empty vacant piece of land specifically to erect a building on it
Net Lease
One where the tenant pays building expenses on top of base rent
Triple Net Lease
Requires the tenant to pay all expenses such as taxes, utilities, maintenance and insurance
Percentage Lease
Minimum monthly rental charge plus a percentage of the gross earned by the business
Proprietary Lease
A lease that is given to the owner of a cooperative apartment. The owner doesn’t actually own the apartment itself but rather shares in the corporation that owns the building
Actual Eviction
Occurs when the landlord sues for possession of the premises
Constructive eviction
Occurs when the landlords actions are such that the premises become uninhabitable
Rentable Space
Space that a tenant pays for when renting nonresidential space, say in an office building or shopping mall
Useable Space
The square footage that the tenant is allowed to use exclusively
Add-on factor
The difference between the rent-able space and the usable space
Comprehensive Environmental Response, compensation and liabilty act (Cercla)
This laws purpose is to identify sites of environmental pollution and provide funds for cleanup
Strict
This means that the property owner has no excuse with respect to his liabilty
Joint and Several
If more than one person is responsible for the hazardous waste site, the law is enforceable on the group as well as on each individual
Retroactive Liability
All previous owners also can be held responsible for the hazardous waste site
What are three things the environmental protection agency administer?
The clean water act, The toxic substance control act, Resource Conservation and recovery act.
Who is The Hazardous Material Transportation Act (HMTA) enforced by?
The United States Department of Transportation
What is the leaking underground Storage Tank Program (LUST)
Created in 1984 as part of the resource conservation and recovery act administered by the epa. This program targets underground storage tanks used for storage of hazardous substances such as chemicals or oil based products like motor fuel.
What is OSHA and what does it stand for?
The occupational safety and health administration. They are responsible for providing monitoring regulations regarding worker safety particularly in factories.
What three essential functions does the Superfund Amendments and Reauthorization Act of 1986 perform?
Provide increased funding to the superfund for environmental cleanup
Creating stronger standards for cleanup of hazardous waste
Creating innocent landowner immunity
Innocent Landowner Immunity
Where a property owner has been innocent of all involvement with a hazardous waste site and under certain circumstances may claim immunity from responsibility
What is the (SDWA)?
The safe drinking water act, which established standards for the testing and quality of public water supplies. It requires that the public be notified if the drinking water contains contaminants above acceptable levels