Real Estate Sales Exam Flashcards
Sherman Antitrust Act 1890
prohibits monopolistic practices (ie, price fixing, boycotting)
market allocation
agreement among competitors to divide market (violates antiturst provision)
group boycotts
when competitors get together and agree not to do business with someone
tie-in arrangement
requirement to buy one product or service on condition that you buy another product or service (ILLEGAL)
special agent
only handle one activity like selling property
general agent
handles a range of activities on behalf of a client (ie property manager)
universal agents
represent client on behalf of all real estate matters
principal
person you represent as an agent
customer
other party or third party
dual agency/limited agency
buyer and seller are represented by the same real estate agent
must get informed consent to represent both parties
transactional brokerage
broker represent neither buyer nor seller seller but can complete a transaction and be paid for it
(ie, broker bringers buyer and seller together, negotiates the deal and handles paperwork)
agency disclosure
given in writing and identifies who real estate agents represent
express agency
both parties state intention to enter into agency relationship
implied agency
created through the actions of the two parties
agency by estoppel
when principal doesn’t stop an agent from performing duties giving impression agency relationship has been established
agency by ratification
created by accepting circumstances that created the agency after the fact
agency coupled with an interest
agent has interest in the property that’s being sold
exclusive right to sell listing
exclusive right to sell - always paid
exclusive agency listing
exclusive right to sell - only paid if sold
open listing
agreement with any broker - only paid if sold
net listing
broker hired to sell property for certain amount - broker keeps any amount more than net price (illegal in NY)
option listing
clause in listing agreement gives broker right to buy the property
multiple listing service
marketing service that permits brokers to share listings with other brokers
Relationship between agent and principle
- Fiduciary - agent faithfully represents interests of the principal
- Accounting - client money kept in separate bank account
- Care - agent use their best efforts and skills on behalf of their clients’ interest
- Confidentiality - all information kept confidential
- Disclosure - reveal any information that would benefit your client
- Loyalty - put client interest above your own
- Obedience - follow instructions from principal unless illegal
commingling
combining client money with brokers money
conversion
using client money for agent’s personal use
latent defects
problem with property wouldn’t know under normal inspection
material defects
specific issue with property that may have a significant, impact on the value of the property
stigmatized properties
events that make the property less desireable ( ie, murder/suicide)
Megan’s Law
requires registration of sex offenders with the police, neighbors
puffing
exaggerating benefits of property
fraud
intentional misrepresentation to sell property
negligent misrepresentation
don’t disclose something because you don’t know but you should have known
When do agents get paid?
When broker produces a ready, willing and able buyer.
Ending an agency relationship
- Completion of agreement
- Expiration of agreement
- Destruction of property
- Taking property through eminent domain
- Bankruptcy
- Agreement by both parties
- Death or incompetence
- Renunciation/revocation - one party desires to end agency relationship
1866 Civil Rights Acts
no race discrimination NO EXCEPTION
1968 Fair Housing Act
prohibits race, religion, origin, sex, handicap and family status discrimination
Some exceptions to discriminations:
Exceptions:
1 - age (housing may be restricted to people 55 years old if majority of residents are 55 and older)
2 - owner-occupied housing - multifamily housing of 2-4 units where one of the units is occupied is exempt from fair housing laws
3 - private clubs
4 - public-law occupancy standards - restricts maximum people can occupy
5 - religious organization
6 - single-family housing - sale or rental of single-family house if owner doesn’t own more than 3 units at one time
improvement
Adding structures and improvements to the land add to its value and use
real property
anything can’t be moved
personal property
anything movable (furniture, car) and goes with owner when they move
fixture
personal property that becomes real estate and stays on property when owner moves
bundle of rights
right to use, occupy, mine, farm, give and restrict use
freehold estate
own real estate, indefinite time
fee simple absolute
complete form of ownership no limits/conditions on use
fee simple defeasible
own with limitations:
1 - fee simple subsequent - “but if” property used for any other purpose ownership is terminated
NOTE: NOT AUTOMATIC REVERSION
2 - fee simple determinable - “as long as” conditions are met or automatically revert back to owner (ie. property donated to county park with nature trails stopped being used for that purpose)
NOTE: AUTOMATIC REVERSION
life estate
last a lifetime for the person receiving life estate
Pur autre vie
lifetime of another person rather then the person receiving the life estate (ie, give your nephew’s mother pur autre vie to live in the house for as long as your nephew is alive)
reversionary interest
upon death house reverts back to you or heir if you die
community property
during marriage, right of spouse to 50% of property acquired during marriage
Does not exist in New York.
dower and curtesy
spouse has right to real property owned by other spouse after death. New York does not recognize
homestead
protect family members against losing their homes to general creditors attempting to collect on debts. New York does not recognize a homestead estate.
leasehold interest
right to use land for certain time
leased fee interest
landlord’s right of use of property and the right to lease to others
littorial rights
lake, ocean, sea own the land only up to the high-water mark. Government owns land below that point.
appurtenant to the land
go with the land when you sell it
riparian rights
rivers and streams
navigable - owner’s property extends to the high-water mark
non-navigable - owns the land beneath the stream to the stream’s midpoint
sole ownership/tenancy in severalty
ONE OWNER and passes to heir upon death
tenancy in common
2 or more people each person has percentage share that can be transferred
Note: NO SURVIVORSHIP PASSES TO HEIR
joint tenancy
two or more plp, if one person dies other person automatically get title (common in marriage)
Note: joint tenant can sell shares to another person. new owner becomes TENANT IN COMMON
remaindermen
third party to receive title to the property upon the death of the life tenant (example, Mr. Jones leaves his home to his second wife with the provision that, after her death, it will pass to his daughter Sara from his first marriage. So, during Mrs. Jones’ lifetime, Sara owns a remainder interest)
Tenancy by the entirety
Ownership reserved exclusively for husband and wife.
NOTE: SIGNATURE OF ALL OWNERS TO SELL PROPERTY
separate property
propertyacquired by an individual prior to marriage,
deed of trust
agreement between a lender and a borrower to give the property to a neutral third party who will serve as a trustee. The trustee holds the property until the borrower pays off the debt
co-op
own shares of a corporation
NOTE: PROPRIETARY LEASE
condo
gets deed to individual unit
NOTE: TENANTS IN COMMON
planned unit development (PUD)
mixed use building owner owns land beneath it
encumbrance
limitation on use of property
leins
unpaid debt against property
priority of liens
liens that gets paid first when property is sold
- Tax liens
- Mortgage liens
- Mechanics and judge liens
voluntary lien
willing (owner takes out a mortgage)
involuntary lien
unwilling (for not paying taxes)
specific lien
attaches to only one property
general lien
attaches to a number of properties or personal property
Indicate whether liens are specific or general and voluntary or involuntary
- Tax lien (specific lien and involuntary)
- Mortgage lien (specific lien and voluntary)
- Mechanics lien (specific and involuntary)
- Judgement lien (general and involuntary) - placed against real and personal property
lis pendens
notice of potential lawsuit resulting in lien
easement
right to use another person property
dominant tenement - person receiving the benefit
servient tenement - property being used
appurtenant easement
right to use adjoining property that transfers with the land.
easement in gross
right to use another person’s land for as long as the owner owns that land or the holder of the easement dies (ie, utility company)
NOTE: BENEFITS PERSON RATHER THAN PROPERTY
easement by necessity
court order to permit someone to gain access to property
easement by prescription
action of person implied permission from owner - continuous and open use gives person right to use property
In order to terminate an easement:
- agreement or release
- merging - Joining of two properties (A buys B’s property)
- abandonment - use it or lose it
- need no longer exists
license
temporary right for specific use of property
covenants
conditions on use of property
laches
loss of right to enforce deed restriction
enroachment
unauthorized/illegal use of someone’s property involves court action to resolve dispute
adverse possession
someone uses your property for a long period of time, you may end up losing the property or having your rights to the property restricted.
zoning ordinance
rules tells you what you can build, where you can build it, how much you can build for each district
zoning district
area designated for certain use (housing, shopping…)
variance
request to deviate from current zoning requirements. If granted, it permits the owner to use his land in a way that is ordinarily not permitted by the zoning ordinance
subdivision
one piece of land that is separated into 2 or more pieces of land
eminent domain
allows government to purchase private land for public use and compensate owner
inverse condemnation
owner sues the government because they failed to compensate owner
escheat
when no heirs or will property goes to state
intestate
dying without a will
title
means ownership
deed
voluntarily transfer title to real estate
NOTE: DEED IS VALID UPON DELIVERY AND ACCEPTANCE
NOTE: ACKNOWLEDGEMENT REQUIRED FOR RECORDATION BUT NOT FOR VALIDITY
statue of frauds
law requires deed/contracts be in writing to be enforceable
full covenant and warranty deed
provide most protection and warranties by the grantor to the grantee
a. seisen - guarantee the grantor is the owner of the property
b. quiet enjoyment - no on can come and claim ownership of the property
c. encumbrances - has no easement or lien
d. further assistance - grantor provide documents that comes with title
e. warranty forever - grantor pay all costs to clear up title problems in future
grant deed
written proof that an individual owns a property.
bargain and sale deed
has no warranties and gives no protection to grantee (often used in foreclosure and tax sales)
quitclaim deed
used to clear up title problems provides no warranties
metes and bounds system
description uses directions and distances
rectangular survey system
uses squares and rectangles determined by longitude and latitude
- Range - North-South area between consecutive meridians.
- Tier - East-West area between two parallels.
- Township - Area enclosed by the intersection of two consecutive meridians and two consecutive parallels.
Method of calculating the acreage of a parcel is as follows:
- Multiply the denominators of the fractional descriptions together.
- Divide 640 by the resulting number.
SE 1/4 of Section 8:
640/4 = 160 acres
W 1/2 of the NW 1/4 of Section 8
640/(2x4) = 80 acres
lots and blocks/recorded plat system
uses map of subdivisions and divides into blocks and lots
In the rectangular survey method, how large is a township in square miles and how large is a township section?
A township is 36 square miles and a section is one square mile or 640 acres.