Real Estate State Exam Flashcards

1
Q

Article 12A, Licensee

A
  • 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
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2
Q

Capital Gains Tax Exemption

A
  • 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
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3
Q

Property Condition Disclosure Statement

A
  • 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
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4
Q

CFCs

A
  • 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”
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5
Q

PCBs

A
  • 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
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6
Q

USTs

A
  • 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
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7
Q

Actual Geographic Location, or Blind ad

A
  • Licensees (brokers and salespersons) must use advertisements that contain specific location of property and acknowledgment that they have a license
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8
Q

Fee Simple Absolute

A
  • Freehold (not leasehold) ownership

- Fee simple is the fullest/most common form of freehold interest, with the entire bundle of rights

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9
Q

Bundle of Rights (for RE Owners)

A
  • 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.)
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10
Q

Bundle of Rights (for leasees)

A

1) Possession (access and use)
2) Quiet enjoyment (no nuisance, danger, etc.)
3) Exclusion (keep people out)
- not control or disposition

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11
Q

Deed

A

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
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12
Q

Title

A

The idea of ownership

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13
Q

Conveyance

A

Transfer of title by deed (ownership can travel between owners in a conveyance of title)

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14
Q

Assignment

A

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)

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15
Q

CERCLA (Comprehensive Response, Compensation & Liability Act)

A
  • Pays for the cleanup and assigns liability fr those responsible for uncontrolled hazardous waste or toxic spills
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16
Q

Sheathing

A

Panels (made of plywood or OSB) that are nailed to wall studs and roof rafters to keep rain out

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17
Q

Flashing

A

A flexible material (usually aluminum) which covers cracks

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18
Q

Survivorship

A
  • When the other owner gets ownership after a death, regardless of what the dead person’s will says
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19
Q

General Requirements of a Broker

A
  • 120 hours of class (75 salesperson + 45 broker)
  • Age 20
  • Enough deals to get 3500 points
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20
Q

What is Tax Depreciation?

A
  • A tax break given by the IRS based on the idea that buildings have a lifespan
  • Cannot depreciate land or your home
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21
Q

Office building depreciation period:

A

39 years

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22
Q

Apartment building depreciation period:

A

27.5 years

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23
Q

Amortized Mortgage

A

Fixed-rate mortgages are loans paid off in equal amounts each month (interest doesn’t change)

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24
Q

Balloon Payment

A

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

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25
Q

Which groups does the New York State Fair Housing Law protect?

A
  1. Race
  2. National Origin
  3. Religion
  4. Gender
  5. Disability
  6. Family status (kids)

(^all Federally protected too)

+

  1. Age
  2. Marital Status
  3. Sexual Orientation
  4. Military Status
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26
Q

Reciprocity

A

When you’re real estate license is good in other states as well (NYS has reciprocity with about 12 other states)

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27
Q

Mortgagor vs. Mortgagee

A

Borrower and bank

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28
Q

What does a mortgage broker do?

A

Compares loans from different banks

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29
Q

Grantor vs. Grantee

A
  • Giving up the real estate (all grantors must sign deed)

- Receiving the real estate (doesn’t have to sign deed)

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30
Q

Encumbrance

A

Something that burdens the real estate and makes it hard to sell (liens, deed restrictions, easements)

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31
Q

Brown v. Board of Education

A

1954 Supreme court decision that banned segregation in schools

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32
Q

Pro Forma

A

A financial document that predicts future income of a property (typically over the next 10 years)

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33
Q

Wall Stud

A

A wall column/vertical beam that is part of the house frame

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34
Q

Rafter and Eave

A

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)

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35
Q

How long should you keep RE records in residential brokerage vs. commercial brokerage?

A

3 vs. 7 years

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36
Q

What organizations or groups of people have property tax exemptions?

A
  • Government (don’t tax themselves)
  • Religious organizations
  • STAR (School Tax Relief)
  • Seniors
  • Veterans
  • Disabled people
  • Agrigultural properties (farms)
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37
Q

If a home/building was built before ___, then renters/owners must receive a Lead-Based disclosure form to sign

A

1978

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38
Q

Riparian vs. Littoral ownership

A
  • Owning the rights to part of a river

- Owning rights to the use of lake water

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39
Q

The ___ the agent. The ___ is the subagent

A

Broker, salesperson

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40
Q

Actual cash value (formula)

A

Actual cash value = replacement cost (of destroyed home) - depreciation

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41
Q

Acknowledgement

A

When a notary public certifies the signature and date of a document

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42
Q

Sale-Leaseback

A

When an owner sells a building but remains as a tenant

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43
Q

Zoning vs. Spot Zoning

A
  • 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)
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44
Q

Valuation vs. Evaluation

A

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

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45
Q

Privary vs. Secondary Mortgage Markets

A
  • Banks sell mortgages to people

- Banks sell mortgages to other banks

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46
Q

Title Report / Title Abstract

A

When you research the past owners and all information/documents associated with a property dating back 40-60 years and summarize it

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47
Q

Step Mortgage

A

When the interest increases in 2 steps

  • low fixed interest rate for first few years
  • Then interest rate adjusts to market rate
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48
Q

General Agent vs. Special Agent

A
  • Person who handles multiple things (Property manager)

- Person who focuses on one thing (brokers and salespeople

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49
Q

Proprietary lease

A

A co-op buyer gets a stock certificate and a proprietary lease that allows them to live in the apartment associated with their shares

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50
Q

Alteration Agreement

A

A document that gives you permission to make changes to a co-op unit

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51
Q

Non-conforming/grandfathered Zoning

A

When a building doesn’t have to conform to zoning laws of the area because it was built before the zoning laws were established

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52
Q

What is the Municipal Engineer’s office in charge of?

A

a City’s infrastructure, including roads, sewers, electric lines, subway tunnels, etc.

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53
Q

Contingency

A

Means if a specific condition is not met, someone can back out of a deal and not lose their deposit

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54
Q

Escalation Clause

A

Allows the landlord to increase the rent of a commercial tenant when unforeseen expenses become inevitable (if heating oil prices go up for example)

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55
Q

1866 Civil Rights Act

A

Gave people the right to own real estate regardless of their race

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56
Q

Specific vs. General lien

A
  • 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
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57
Q

Tenants in Common

A

2 or more unmarried people who own real estate together but do not have survivorship (join tenants have survivorship)

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58
Q

What are the 3 initial buyer costs?

A

1) Survey
2) Home inspection
3) Appraisal

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59
Q

Offering Plan/CPS-1

A

Detailed book that must be sent to the State Attorney General in Albany before a condo or co-op building can be built

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60
Q

SEQRA, State Environmental Quality Review Act

A

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)

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61
Q

Kickback

A

A payment for RE services to an unlicensed person (illegal)

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62
Q

REIT (Real Estate Investment Trust)

A

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

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63
Q

Negative Amortization

A

When a mortgagor makes regular payments but the principal goes up until it is paid off instead of down like regular amortization

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64
Q

Fiduciary Duties include:

A

1) Obedience
2) Loyalty
3) Disclosure
4) Confidentiality
5) Accountability
6) Reasonable care and skill

^ OLD CAR

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65
Q

Easement

A

When someone else can use your real estate land (government to do work or neighbor can drive over part of your land)

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66
Q

Flip Tax

A

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)

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67
Q

Non-conforming loan

A

A loan that doesn’t conform to FNMA (Fannie Mae) guidelines

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68
Q

Continuing Education

A

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

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69
Q

Usury

A

Illegal charging higher interest than the legal limit

70
Q

(on the test), who does the co-broke represent?

A

the Seller client

71
Q

Capital Reserve Fund

A

$ set aside each month for unexpected repairs and large improvements to a building

72
Q

Index Lease

A

a very long lease (maybe 25 years for a supermarket) that uses economic indicators such as the Consumer Price Index to determine rent increases in the future

73
Q

Seizin

A

Ownership of something (a deed contains the covenant of seizin, which is a promise that the grantor owns the RE)

74
Q

Acceleration Clause

A

Ability for the bank to speed up the mortgage and ask that the borrower pays more now if they’re defaulting on their payments

75
Q

General Business Law 36B

A

A warranty on new construction. It covers:

  • 1 year workmanship
  • 2 years trades (plumbing, electrical etc.)
  • 6 years material defects
76
Q

Blanket Mortgage

A

Covers more than 1 property

77
Q

Bridge Mortgage (swing loan)

A

Using one property to finance purchase of another

78
Q

Package Mortgage

A

Mortgage for both real estate and personal property (furnished condo and a boat)

79
Q

Wraparound Mortgage

A

When the seller sells the building but keeps the mortgage and doesn’t pay it off. Instead the buyer’s payments wrap around and and help pay the seller’s existing mortgage (rare mortgage)

80
Q

Straight term mortgage

A

Borrow pays just interest until it is paid off and then just pays the principal until it is paid off

81
Q

Adjustable Rate Mortgage (ARM)

A

Interest rate fluctuates up and down with the market

82
Q

Participation (shared equity) Mortgage

A

Bank takes a smaller mortgage and also shares the project’s income and profits when it is sold

83
Q

Purchase Money Mortgage

A

Instead of getting a mortgage, the buyer pays principal and interest to the seller every month (seller financing)

84
Q

Stagflation

A

Prices go up (but the market is cool, unlike inflation when the market is hot)

85
Q

How long does a 2nd home need to be rented in order to make the income non-tax deductible?

A

14 days

86
Q

Commingling

A

When someone puts the money into their account, when it should be held in escrow

87
Q

Net Operating Income =

A

Effective Gross Income (assuming every unit is rented at market value, no collection loss/vacancy) + other income (laundry, vending machines) - expenses

88
Q

Constructive Eviction

A

When a tenant is forced out because the landlord turns off is heat/electricity or makes is apartment otherwise uninhabitable (it’s illegal)

89
Q

Estate at Sufferance

A

When the tenant’s lease expires but he stays in the apartment (landlord must get a legal court order to evict him)
- if the landlord accepts payment, he is leasing it on a month to month basis

90
Q

Points

A

Points are cash a borrower pays to the bank at closing in exchange for a lower interest rate
- If interest rates are 5%, borrower might be able to pay 1 point in exchange for a 4.75% interest rate

91
Q

What are the 4 types of Deeds?

A

1) Full covenant and warranty
- Best deed for the buyer
2) Bargain and sale
- Most common deed, and contains some promises
3) Quitclaim
- Used in divorces or disputes over ownership
4) Judicial
- Written by the court

92
Q

Insurance Deductible

A

The Dollar amount you must pay before insurance takes over payment
- if Homeowner policy has a $1,000 deductible and damages to your home are $5,000 insurance will pay $4,000 in coverage

93
Q

Umbrella Insurance

A

Insurance covers you from 10k to 100k (if you’re only insured up to 10k

94
Q

Defeasance Clause

A

To defeat, or pay off a mortgage

- If a mortgage is defeasible, it means you are able to pay off the interest and principal completely

95
Q

FEMA (Federal Emergency Management Agency

A

A government agency that offers insurance to people in flood zones when private insurance companies will not

96
Q

Where are both hot air and cold air delivered from in your house? (not generated)

A

Forced Warm Air ducts/systems

97
Q

Where do heat and cold air com from?

A

Furnace and a compressor

98
Q

BTUs (British Thermal Units)

A

Are a measure of heat energy

- The amount of energy needed to cool or heat one pound of water by one degree Fahrenheit

99
Q

Property Manager Qualifications

A

Does NOT need a RE license if he buys/sells units for 1 owner and is a salaried employee
- Does need a RE license if he’s making commission off multiple owners

100
Q

Eminent Domain

A

The government has the right to condemn private real estate and take ownership of it for public use
- buildings were torn down to build the Barclay’s center (owners were still paid FMV)

101
Q

Police Power

A
The Government's right to protect the people through:
- taxes
- Military development
- People needing a RE licence
- Zoning 
etc.
102
Q

Leverage

A

Using borrowed money to finance purchases

103
Q

Exclusive Agency vs. Exclusive right to sell

A
  • Exclusive broker gets commission if he sells, but not if the seller sells it himself
  • With exclusive right to sell, the broker gets commission as long as a deal is made (best option)
104
Q

Annual Tax formula

A

$ Value X % assessment X % tax rate = $ Annual Tax

105
Q

Mechanic’s lien

A

Debt attached to a house when a mechanic (someone who repairs or improves a property) is not paid
- Lien’s have to be renewed every year

106
Q

Steering

A

Showing real estate in areas based on discrimination (showing blacks only cheaper spaces)

107
Q

Blockbusting

A

Trying to scare owners in certain neighborhoods into selling because of discrimination (telling them refugees are moving in and they should sell)

108
Q

Redlining

A

When banks refused mortgages in areas based on discrimination

109
Q

R-Factor vs. R-Value

A
  • R-factor is the # rating for a materials resistance to heat
  • R-value is how much of that material you have
    (If you buy a double-layered window of R-30 glass, the R-value = R-60)
110
Q

Radon

A
  • A gas that comes naturally from underground and can get into well water (in private rural areas) or in the air of a home
  • Proper ventilation can help remove it (2nd leading cause of lung cancer in USA)
111
Q

Value of Commercial Real Estate Formula:

A

Investors use the known face of last year’s net operating income and divide it by the rate of return that they want

$ Income = $ Value X % rate of return

  • To solve for Capitalization rate, solve for the % rate of return using IRV
112
Q

How many square feet are in 1 acre?

A

43,560 sf

113
Q

Who protects the State’s wetlands? What about the State’s water?

A
  • Army Corps of Engineers

- NYS Department of Health

114
Q

In the countryside, how far does the water well and septic tanks have to be from each other?

A

Well must be at least 50 ft from the septic tank and 100 ft from the absorption field

115
Q

Before installing a septic tank, what test do you have to run to make sure the soil is ok?

A

Percolation test (times the movement of water through soil)

116
Q

What are the 4 essential elements of a contract?

A

1) Meeting of the minds
2) Lawful objective
3) Consideration
4) Competent parties

  • can be oral, not just written
117
Q

Is a Mobile Home real estate or personal property?

A

RE if it is permanently connected to a foundation (it also has insurance)
- but if it is on the move, it is just personal property and may or may not have insurance (much like a recreational vehicle or car insurance)

118
Q

Net Listing (and formula for net price)

A

Illegal
- When the seller says he’ll sell for $1 million, and anything about that the broker can keep as commission
$ net price / % to seller = $ sale price

119
Q

Cash on cash return (formula)

A

$ income / $ cash down payment = % cash on cash return

120
Q

Accession Rights

A

Rights to all that ones property produces (RE can however grow or shrink due to natural forces):

  • Erosion: gradual loss of land
  • Accretion: gradual increase in land, when river deposits mud
  • Avulsion: loss of land through sudden event like hurricane sandy
  • Reliction: gradual increase in land because water decreases, like in a drought
121
Q

Contract Deposit

A

10% deposit when a sales contract is signed (money is held in escrow) before the closing when the buyer’s full downpayment is due

122
Q

Block and Lot vs. Plats

A
  • Used to determine where city buildings are

- Used to determine where

123
Q

An Estate for Years

A

A lease with a definite end date

- A summer sublet that ends sept 1

124
Q

A Periodic Estate

A

Automatically renews until either the landlord or tenant cancel it
- Month to month lease is periodic

125
Q

An Estate at Will

A

Open-ended lease whose timelines is unknown, and landlord or tenant can cancel whenever
- Living at home with parents

126
Q

If a person has a will they are ___ . If a person does not have a will, they are ___ .

A
  • Testate

- Intestate

127
Q

Chattel is another word for?

A
Personal property (cars, furniture, money, bank accounts, etc.)
- Trees on the land are part of the RE, but the apples falling from it are chattels
128
Q

4 reasons you can dispute a property tax:

A

1) Unlawful - getting a bill you don’t owe, for a different county
2) Excessive assessment - your RE is assessed at more than in is worth in terms of FMV
3) Unequal - Different assessment rate than everybody else
4) Misclassified - Taxed as an office or store

129
Q

Life Estate vs. Life estate Pur Autre Vie

A
  • Limited ownership (and limited bundle of rights) where you only get to own the RE for your lifetime
  • Getting a life estate for the lifetime of someone else (Joe can own the house as long as he is taking care of his father Jack…once Jack dies, the house goes to Jack’s brother)
130
Q

Void vs. Voidable contracts

A
  • Has no force of law, for instance a contract to kill someone would be automatically void
  • Can be made void (if seller says its mixed use but it isn’t, buyer can still build just residential, but if he wants to mix commercial/residential, he can make the contract void)
131
Q

Unenforceable contract

A

Has the elements of a valid contract but cannot be enforced (the lease signing of someone under 18)

132
Q

Predatory Lending

A

When people give mortgages that are unfair, deceptive or help exploit someone
(giving a loan but also giving/charging them for life insurance even if they didn’t ask for it)

133
Q

RESPA (RE Settlement Procedures Act)

A

Protects homebuyers and requires that banks must:

  • Give a good faith estimate of closing costs within 3 days
  • Give buyer a booklet explaining closing costs
  • Use standard HUD1 balance sheet at closing (for certain loans)
134
Q

Escheat

A

When you die with no will (intestate) and without any heirs

- NYS takes your property

135
Q

Broker Agency (very rare)

A

When the broker has the vicarious liability for all the co-brokers, instead of the seller

136
Q

Commercial Mortgages

A

More risky, so banks require higher down payment as well as higher interest and a shorter term lease

137
Q

Mills

A

In some cities, tax is not per cent, but per mill
- Mill is 1000
So 190 mills = 190/1000 = 19%

138
Q

Appurtenance

A

Legal rights associated with real property (air rights, water rights or easements - the right to use someone’s land)

139
Q

Right of first refusal in a condo

A

A co-op board can opt not to sell to someone, but a condo board must buy the unit themselves in order to prevent a potential invasive buyer from owning it

140
Q

Equitable Right of Redemption

A

If a property is foreclosed, the owner can buy it back through paying the full amount of mortgage before it is sold at a foreclosure auction

141
Q

Wall Studs vs. Joists

A
  • Vertical members that support the wall

- Beams horizontal along the floors or ceilings

142
Q

Deed Restriction/restrictive Covenant for Setbacks

A

House can’t have a yard that’s built all the way onto the street

143
Q

CC&Rs (Covenants, conditions and restrictions)

A

ex. All blinds must be white (so the building looks good from the street)

144
Q

Installment Sale

A

Buyer pays in monthly increments until they receive the deed at the closing, instead of at the beginning

145
Q

Pocket Card

A

Your personal RE license (looks like a drivers license)

- Your sponsoring broker holds your paper license

146
Q

If a broker dies, how many days can the administration remain open to complete pending deals?

A

120

147
Q

Express vs. Implied Agency

A
  • When a client says they want you to represent them, so you have them sign a contract
  • Implied is always just oral (try to convert them to express agency)
148
Q

PITI

A

Principal, Interest, Tax and Insurance (the cost of owning a home)

149
Q

Housing Qualifying Ratio

A

A percent of a family’s gross annual income that banks use to determine how much annual PITI the family can afford
- If a family’s income is $100,000 per year and bank’s HQR is 28%, they can afford $28,000 in annual PITI
($Annual household income X %Housing qualifying ratio = Max annual PITI

150
Q

1890 Sherman Anti-Trust Act

A

Stops one company from dominating an industry or from brokers conspiring with each other and makes these things illegal in RE:

  • Price-Fixing (competing brokers agree to charge the same commission rate
  • Group boycott: (brokers agreeing not to do business with a specific company)
  • Market allocation: (brokers divide up their territories like gangs would and keep clients in their own territory)
  • Tie-in: (“You can buy this RE as long as you use my friend as your lawyer”)
151
Q

Adverse Possession

A

If someone lives openly in an abandoned property for 10 years, they can go to court and claim ownership

152
Q

Proration

A

Diving expenses of a building (elevator cost/units in building = what everyone pays for elevator)
Debit = you pay
Credit = you get paid

153
Q

Promissory Note

A

A negotiable instrument which promises to be paid, but can also be sold on the secondary market

154
Q

What is an Arm’s length transaction?

A

A deal where the buyer and seller are not related by family or business

155
Q

Habendum Clause

A

A clause in the deed that tells what the owner will do with the RE, who will ‘have and hold’ (own) the RE

156
Q

Alienation

A

Transfer of ownership

157
Q

Amps vs. Volts

A
  • Electrical service to a building

- Force that pushes the electricity through a wire

158
Q

Circuit Breakers vs. Fuses

A
  • Fuse is a little bulb with a wire that breaks if the circuit gets overloaded, stopping electrical flow
  • A circuit breaker has toggle switches and are newer, safer, and easier to use
159
Q

1031 Exchange

A

A tax break/shelter, where building owners delay capital gains and trasnfer taxes by ‘trading’ property instead of selling it

160
Q

Percentage Lease

A

When retail stores pay a base rent + a % of their gross sales (good for seasonal stores like ski shops)

161
Q

What are some other licenses issued by Dept. of State?

A
  • Home inspector
  • Appraiser
  • Apartment Information Vendor
  • Apartment Sharing Agent (last 2 cost $400)
    (mortgage bankers and mortgage brokers are licensed by Dept. of Financial Services)
162
Q

Lis Pendens

A

A pending lawsuit

163
Q

Calculating Interest Formula

A

Current Mortgage X interest rate / 12 months
($150,000 X 6%)/12 = $750 interest

…mortgage interest is deductible on your income tax

164
Q

Negotiable Instrument

A
  • A promise to pay which can be transferred from one person to another
165
Q

Severalty vs. Entirety

A
  • Means one owner (ownership is cut off from anyone else)

- Entirety is ownership by a husband and wife

166
Q

Slab on Grade (construction)

A

When the concrete foundation is on top of the ground (without a basement)

167
Q

Footing (construction)

A

(or footer) The underground concrete base that supports the foundation

168
Q

Sill Plate

A

Bottom piece of a frame that sits on top of the foundation and provides a nailing surface to attach the house frame to the foundation (metal or wood board)

169
Q

Estoppel

A

Legal term that means you ‘stop’ someone from contradicting a previous agreement or going back on a promise

170
Q

Gross lease vs. Net lease

A
  • A residential apartment lease where you pay the landlord rent, and maybe electricity or heat as well
  • A commercial lease where you pay a lower rent but also some of the landlord’s costs like
    …example would be if an industrial factor pays a triple net lease, so in addition to rent (RE tax, maintenance, and insurance)
171
Q

Statutes

A

Written laws