Real Estate State Exam Flashcards
Article 12A, Licensee
- Tells you the things you can and cannot do with a “Real Estate License Law”
- Violations of Article 12A can result in loss of license for 1 year, $1,000 fine, or 1 year in jail
Capital Gains Tax Exemption
- Selling real estate allows tax exemption for gains of single people up to $250,000
- For married couples, you’re tax exempt for gains up to $500,000
- If you sell for 1 million, but bought it for $600k, your gains are only 400k and you’re exempt
Property Condition Disclosure Statement
- A 6-page form the seller must fill out and provide detailing the conditions of the property
- Failure to provide the disclosure statement means the seller must pay $500 at closing
CFCs
- Chloro-fluro-carbons are gases that leak out of air conditioners into the air and can damage the ozone layer
- CFC emissions are regulated by the “Clean Air Act”
PCBs
- Polychlorinated biphenyls are liquids used to cool power plants, which can seep into soil or groundwater
- Banned in 1979 because they can cause caner
- Covered by The Clean Water Act
USTs
- Underground storage tanks filled with gas, propane and other chemicals
- USTs are regulated by the NYS Dept. of Environmental Conservation and enforced by the Federal Environmental Protection Agency
Actual Geographic Location, or Blind ad
- Licensees (brokers and salespersons) must use advertisements that contain specific location of property and acknowledgment that they have a license
Fee Simple Absolute
- Freehold (not leasehold) ownership
- Fee simple is the fullest/most common form of freehold interest, with the entire bundle of rights
Bundle of Rights (for RE Owners)
- Full bundle of rights including:
1) Possession (access and use)
2) Quiet Enjoyment (no noise, danger etc.)
3) Exclusion (keep people out)
4) Control (build, tear down, lease, farm, etc.)
5) Disposition (sell, give away, etc.)
Bundle of Rights (for leasees)
1) Possession (access and use)
2) Quiet enjoyment (no nuisance, danger, etc.)
3) Exclusion (keep people out)
- not control or disposition
Deed
Document showing ownership. Must have following elements
- Competent grantor
- Identifiable grantee
- Consideration (payment)
- Words of conveyance
- Legal description
- Signatures of all grantors
- Delivery and acceptance
Title
The idea of ownership
Conveyance
Transfer of title by deed (ownership can travel between owners in a conveyance of title)
Assignment
When a lease is assigned to a new tenant who will have the same lease terms and is responsible for the rent (if the renter has to leave for half a year and doesn’t want to sublet/sublease)
CERCLA (Comprehensive Response, Compensation & Liability Act)
- Pays for the cleanup and assigns liability fr those responsible for uncontrolled hazardous waste or toxic spills
Sheathing
Panels (made of plywood or OSB) that are nailed to wall studs and roof rafters to keep rain out
Flashing
A flexible material (usually aluminum) which covers cracks
Survivorship
- When the other owner gets ownership after a death, regardless of what the dead person’s will says
General Requirements of a Broker
- 120 hours of class (75 salesperson + 45 broker)
- Age 20
- Enough deals to get 3500 points
What is Tax Depreciation?
- A tax break given by the IRS based on the idea that buildings have a lifespan
- Cannot depreciate land or your home
Office building depreciation period:
39 years
Apartment building depreciation period:
27.5 years
Amortized Mortgage
Fixed-rate mortgages are loans paid off in equal amounts each month (interest doesn’t change)
Balloon Payment
A non-amortized mortgage where there is a large final payment, typically when the buyer pays the interest at the beginning and the principal at the end of the payment
Which groups does the New York State Fair Housing Law protect?
- Race
- National Origin
- Religion
- Gender
- Disability
- Family status (kids)
(^all Federally protected too)
+
- Age
- Marital Status
- Sexual Orientation
- Military Status
Reciprocity
When you’re real estate license is good in other states as well (NYS has reciprocity with about 12 other states)
Mortgagor vs. Mortgagee
Borrower and bank
What does a mortgage broker do?
Compares loans from different banks
Grantor vs. Grantee
- Giving up the real estate (all grantors must sign deed)
- Receiving the real estate (doesn’t have to sign deed)
Encumbrance
Something that burdens the real estate and makes it hard to sell (liens, deed restrictions, easements)
Brown v. Board of Education
1954 Supreme court decision that banned segregation in schools
Pro Forma
A financial document that predicts future income of a property (typically over the next 10 years)
Wall Stud
A wall column/vertical beam that is part of the house frame
Rafter and Eave
A roof beam which is placed diagonally on a house and reaches down past the roof (eave is where the rafter sticks out over the wall)
How long should you keep RE records in residential brokerage vs. commercial brokerage?
3 vs. 7 years
What organizations or groups of people have property tax exemptions?
- Government (don’t tax themselves)
- Religious organizations
- STAR (School Tax Relief)
- Seniors
- Veterans
- Disabled people
- Agrigultural properties (farms)
If a home/building was built before ___, then renters/owners must receive a Lead-Based disclosure form to sign
1978
Riparian vs. Littoral ownership
- Owning the rights to part of a river
- Owning rights to the use of lake water
The ___ the agent. The ___ is the subagent
Broker, salesperson
Actual cash value (formula)
Actual cash value = replacement cost (of destroyed home) - depreciation
Acknowledgement
When a notary public certifies the signature and date of a document
Sale-Leaseback
When an owner sells a building but remains as a tenant
Zoning vs. Spot Zoning
- When the government allows real property in certain area to be used for specific purposes
- When the government illegally favors a person or property over others (lets rich man build a 2 family home in a zone with just 1 family homes)
Valuation vs. Evaluation
Valuation is an appraisal or analysis of property value, while evaluation is an idea or opinion of what the highest and best use of a property is
Privary vs. Secondary Mortgage Markets
- Banks sell mortgages to people
- Banks sell mortgages to other banks
Title Report / Title Abstract
When you research the past owners and all information/documents associated with a property dating back 40-60 years and summarize it
Step Mortgage
When the interest increases in 2 steps
- low fixed interest rate for first few years
- Then interest rate adjusts to market rate
General Agent vs. Special Agent
- Person who handles multiple things (Property manager)
- Person who focuses on one thing (brokers and salespeople
Proprietary lease
A co-op buyer gets a stock certificate and a proprietary lease that allows them to live in the apartment associated with their shares
Alteration Agreement
A document that gives you permission to make changes to a co-op unit
Non-conforming/grandfathered Zoning
When a building doesn’t have to conform to zoning laws of the area because it was built before the zoning laws were established
What is the Municipal Engineer’s office in charge of?
a City’s infrastructure, including roads, sewers, electric lines, subway tunnels, etc.
Contingency
Means if a specific condition is not met, someone can back out of a deal and not lose their deposit
Escalation Clause
Allows the landlord to increase the rent of a commercial tenant when unforeseen expenses become inevitable (if heating oil prices go up for example)
1866 Civil Rights Act
Gave people the right to own real estate regardless of their race
Specific vs. General lien
- A debt against your real estate property (if you don’t pay your mortgage the bank can take your house)
- If you don’t pay your income taxes the government can take anything (your salary, dog, jewelry)
- Mortgage lien is voluntary because you’re choosing to borrow money from the bank and promising to pay it off
Tenants in Common
2 or more unmarried people who own real estate together but do not have survivorship (join tenants have survivorship)
What are the 3 initial buyer costs?
1) Survey
2) Home inspection
3) Appraisal
Offering Plan/CPS-1
Detailed book that must be sent to the State Attorney General in Albany before a condo or co-op building can be built
SEQRA, State Environmental Quality Review Act
You must write an explanation regarding why you want to a building permit in a sensitive area (and you must explain how your building will effect the environment)
Kickback
A payment for RE services to an unlicensed person (illegal)
REIT (Real Estate Investment Trust)
a Company that buys RE and sells shares to investors
- the company does not pay income tax so shareholders are not double-taxed like C-corps
Negative Amortization
When a mortgagor makes regular payments but the principal goes up until it is paid off instead of down like regular amortization
Fiduciary Duties include:
1) Obedience
2) Loyalty
3) Disclosure
4) Confidentiality
5) Accountability
6) Reasonable care and skill
^ OLD CAR
Easement
When someone else can use your real estate land (government to do work or neighbor can drive over part of your land)
Flip Tax
A fee paid buy the buyer or seller to the Co-op after a sale is made (seller may have to pay a 10% fee to the co-op)
Non-conforming loan
A loan that doesn’t conform to FNMA (Fannie Mae) guidelines
Continuing Education
A RE license is valid for 2 years and then you must take 22.5 hours of continuing Ed within the 2 years to renew it
- 3 hours must about fair housing