Unit 1- Vocab Flashcards

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1
Q

Buyer’s Market

A

housing market where there are more SELLERS than BUYERS

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2
Q

Cost of Money

A

the single most important factor is determining demand in the real estate market is the cost of money, which is the interest rate people or businesses must pay to use another’s money for their own purposes.

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3
Q

Economic Base

A

single most important factor in determining supply in real estate market is the economic base, which is the main business or industry that a community uses to support and sustain itself

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4
Q

Errors and Omissions Insurance (E&O)

A

professional liability insurance that protects the licensees from mistakes or negligence. Typical policy pays legal fees and judgments resulting form real estate activities. IS CRITICAL.

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5
Q

Common claims that are excluded from E&O insurance:

A
  • Intentional misrepresentation or fraud
  • Transactions involving buying or selling one’s real estate
  • Civil right violations
  • Commercial environmental issues
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6
Q

Independent Contractor

A

control the means and methods of accomplishing an assigned task; the broker has a right only to demand the end result. They are responsible for their own actions to the person or organization who contracted with him, and for his own tax liability

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7
Q

Inflation

A

an increase in the cost of goods or services. Also called cost inflation

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8
Q

Non-homogeneity

A

“not the same” another word for uniqueness, the fact that each parcel of land, each building and each house are said to be different.

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9
Q

Real Estate Cycles

A

general swings in real estate activity resulting in increasing or decreasing activity and property values during difficult phases of the cycle. Also called housing cycles are dependent on business cycles.

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10
Q

Business Cycles

A

general swings in business activity resulting in expanding and contracting activity during difficult phases of the cycle

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11
Q

Realtor®

A

name of a person after then join NAR (national association of realtors). Registered trademark. Members agree to abide by the realtor code of ethics and standards of practice. Benefits:
- Participation in the multiple listing service (MLS)
- Right to use the trademarked term REALTOR®
- Political and legislative voice at all levels of government defending the interests of the real estate industry
- Education and training that allows agents to earn professional designations
- Real estate business publications
- The use of standardized real estate forms

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12
Q

Salesperson

A

an individual licensee associated with a broker who may perform most of the acts of a broker. However, they may NOT work independently of his or her licensed broker and in fact, can function only through the broker with whom he or she is associated.

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13
Q

Scarcity

A

Physical Factor : refers to the fact that there is a limited supply of real estate

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14
Q

Seller’s Market

A

a housing market where there are more buyers than sellers

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15
Q

Statutory Nonemployee

A

treated as an independent contractor for all tax purposes if these conditions are met:
- The individual is property licensed
- All payments for services as a direct seller or real estate agent are directly related to sales or other input, rather than to the number of hours worked.
- The licensee performs services under a written contract providing this person will not be treated as an employee for federal tax purposes.

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16
Q

Supply and Demand

A

for all products, goods, and services, when supply exceeds demand, prices will fall, and when demand exceeds supply, prices will rise.

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17
Q

Property Development

A

the process of acquiring large tracts of land at a low cost per acre, then subdividing and improving it with the streets, sewers, and utilities so it can be resold at a higher cost per front foot (for lots) or per square foot (for building)

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18
Q

Speculation

A

where a buyer is found for a home after it’s completed

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19
Q

Securities Laws (Blue Sky Laws)

A

every state has them. Registers securities broker-dealer license to sell any type of investment opportunity or security, such as registered stocks and bonds or unregistered securities such as mortgages or land contracts.

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20
Q

Farming

A

many licenses concentrate on one type or style of property or one particular neighborhood, a practice called farming.

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21
Q

Residential properties include the following:

A
  • Single-Family residential properties
  • Multi-family residential properties
  • Condominiums
  • Cooperatives (co-op): is a building that is owned by a nonprofit corporation formed for that purpose. Residents are shareholders
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22
Q

Cooperatives (co-op) Properties

A

is a building that is owned by a nonprofit corporation formed for that purpose. Residents are shareholders

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23
Q

Specialized Residential Properties:

A
  • Converted-use properties: are existing buildings such as factories, warehouses, office buildings, churches, and schools that are converted for residential purposes rather than being destroyed.
  • Manufactured Housing: growing market in many areas. Homes are constructed in the same manner as trailers or mobile homes, as opposed to conventional on-site construction. Usually attached to foundations and considered permanent structures
  • Timeshare: purchase of an ownership interest in a property (often in a resort area condominium) for a fixed or variable time period.
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24
Q

General Liability Insurance

A

provides coverage for bodily injury and property damage, paying for legal liability to others resulting from failure to act reasonably (negligence) on the part of the insured or anyone acting on behalf of the insured. They generally pay the cost of defense in addition to policy limits

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25
Q

Multiple Listing Service (MLS)

A

an arrangement whereby local member brokers agree to share listings and further agree to share commissions on properties sold jointly.

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26
Q

Accredited Buyer Representative (ABR)

A

ABR is awarded by the real estate buyers agent council and designates membership into the largest association of real estate professionals focusing on all aspects of buyer representative

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27
Q

Certified Commercial Investment Member (CCIM)

A

CCIM designation from the commericla investment real estate institute is a specialist in commercial real estate brokerage, leasing, valuation and investment analysis

28
Q

Certified Property Manager (CPM)

A

awarded by institute of real estate management to real estate property management specialists, a CPM title indicates that a REALTOR® is capable of managing residential, commercial, and industrial properties.

29
Q

Counselor of Real Estate (CRE)

A

CRE designee is an invitation-only membership of the American society of real estate councilors, a group of professionals who provide seasoned, objective advice on real property and land-related matters.

30
Q

Influences on real estate market can be divided into four broad factors

A

PEGS:
- Physical (location, uniqueness, scarcity, immobility)
- Economic (Business cycles, supply and demand, economic base, interest rates, inflation)
- Governmental (Fiscal/monetary policy, taxation)
- Social (Demographic, migration, trends, and tastes)

31
Q

Government Factors:

A

(Fiscal/monetary policy, taxation)

32
Q

Fiscal Policy

A

the federal government’s plan for spending, taxation, and debt management.

33
Q

Monetary Policy

A

means through which the federal government can exert control over the supply and cost of money. The Federal Reserve Board (FED) is responsible for U.S. Monetary policy and commercial bank regulation.

34
Q

Case Law

A

laws developed not by legislature, but by court decisions

35
Q

Statutory Law

A

laws adopted by a legislative body, whether the U.S. Congress, your state legislature, or a city council

36
Q

Administrative rules and regulation

A

part of the executive branch of government. Executives – president, governors, mayors.. has broad powers within its area of authority, including the power to issue regulations, sometimes called rules that carry the force of law

37
Q

Regulatory Board

A

oversees real estate license law is usually made up of experienced real estate licensees and members of the public. Members often appointed by the governor and will serve for a statutory period of years.

38
Q

Real Property

A

The Pennsylvanian Real Estate Act specifically states “Real estate is any interest in land, whether corporeal, incorporeal, freehold or nonfreehold, whether land is situated in this Commonwealth or elsewhere including leasehold interests and time share and similarly designated interests. A sale of a mobile home shall be deemed to be a transfer of an interest in real estate if accompanied by the assignment of the lease or sale of the land on which the mobile home is situated.”

39
Q

Incorporeal

A

Rights in a property, rather than possession of land. The rights may be future rights as well as current rights

39
Q

Corporeal

A

actual possession of property

40
Q

Freehold

A

An ownership in real property, an estate

41
Q

Leasehold

A

a possession of real estate such as leasing rather than ownership; an estate

42
Q

Interest

A

is a right, a claim, title or legal share in a property

43
Q

Appurtenances

A

rights, privileges, and improvements that belong to and pass with the transfer of the property

44
Q

Real estate includes:

A

land, appurtenances, rights and privileges connected together(real property)
1. Land plus appurtenances (rights, privileges, and improvements that belong to and pass with the transfer of the property).
2. Man-made appurtenances like houses, fences, barns, swimming pools, (man-made items that are added to the property).
3. Natural appurtenances (made by nature) such as trees, creeks and streams.
4. Air rights, gas rights, solar rights, light and sound rights, mineral rights, and surface rights. Each of these can be sold separately.
5. Water rights (littoral, riparian and prior appropriation.)

45
Q

Estate in real estate

A

is the degree and quality of ownership one holds in the real estate

46
Q

Feudal system

A

land ownership. King owns all the land and the individuals who lived and worked in the land were merely tenants who had the right to occupy and use the land. Does not exist now

47
Q

Allodial system

A

ownership. Individuals are entitled to own property without the proprietary control of king/government. The allodial system and the right for individuals to own property is one of the foundations upon which the US was built. ALL PROPERTY IN THE US IS UNDER THIS SYSTEM

48
Q

Bundle of rights

A

a set of legal rights go with the purchasing of real estate. It is the beneficial interests associated with real property interest.

49
Q

Livery of Seisin

A

when the entire bundle of rights is sold. Means “I own it and I have the right to sell it”

50
Q

Five ECONOMIC characteristics of real estate

A

DUSTS - demand, utility or usefulness, scarcity, transferability, situs(location)

51
Q

Three PHYSICAL characteristics of real estate

A

immobility, indestructible, nonhomogeneous(uniqueness)

52
Q

Subsurface rights of real property

A

the right of the owner to mine, dig, or profit from any type of subsoil product such as minerals, oil, gas, gold, etc.

53
Q

Surface rights

A

rights to anything on the land or water

54
Q

Water rights

A

include
Riparian – along a navigable river, the owner owns to the water’s edge. Along a non-navigable stream, the owners own the land to the center of the stream and the government owns the water
Littoral - along a large navigable lake or ocean, the owner owns to the average high water mark.
Doctrine of Prior Appropriation – many states determine how much water is available to real estate owner. This means that the government determines how much water and for how long a period the land owner can receive water for purposes of irrigation.

55
Q

Natural rights

A

land gain or loss due to water
accretion – is the increase of land created by deposits of soil by the natural action of water
Erosion – decrease of land by the gradual wearing away that is caused by flowing water
Avulsion – is the “sudden” loss of land by an act of nature such a hurricane or typhoon
reliction – is an increase in land due to the receding of water
alluvial plain – delta area where soil deposits from the river.

56
Q

Air Rights

A

air rights can be sold separately from the land. Can also be sold or transferred through easements.

57
Q

Scenic Easement

A

may be sold so another building cannot be built to block the view.

58
Q

Light and Air Easement

A

to stop a building from blocking the light of another - essential when solar power is used.

59
Q

Emblements/Fructus Industriales

A

annual crops such as wheat, corn and veggies. Considered personal property. (annual cultivation is happening)

60
Q

Fructus naturales

A

trees, perennial bushes and grasses that do not require annual cultivation. Considered real property.

61
Q

Annexation

A

changes personal property to real property. When a tree is planted, the tree is annexed to the property so it becomes part of the real property.

62
Q

Severance

A

changes the real property to personal property. Tree is real property, but if its cut down and sold as firewood the firewood is personal property.

63
Q

Personal property

A

portable, readily moveable from one location to another. Sometimes referred to as Chattels (also called personality)

64
Q

Fixture

A

defined as something that once was personal property but has been affixed or installed to real property, therefore becomes real property. Fixtured is also called “appurtenance)

65
Q

Legal test to see if an item has become a fixture

A

MAID
Method of Annexation – how is the item attached? Permanently attached or temporarily attached?
Adaptability – how does the item fit in its environment? A water heater ‘fits’ in the house, next to tHe furnace. A water heater is presumed to be part of the equipment of a home but the portable dishwasher is not.
Intent of the parties – what do the buyer and seller agree upon in the written contract?
Damage – how much damage will the removal of the item cause?

66
Q

Trade Fixture

A

defined as the property of a commercial tenant that is installed but is necessary for business, an example of a trade fixture is an ice cream cooler which is installed in an ice cream shop. It requires hookups to both electricity and water. —-personal property and can be removed by the tenant at any time before the end of the lease. ONLY COMMERCIAL TENANTS HAVE TRADE FIXTURES