Unit 4: Forms Of Real Estate Ownership Flashcards

1
Q

4 TYPES OF REAL ESTATE OWNERSHIP

A

1.Sole ownership or tenancy of severalty
2. Tenancy by the entireties
3. Tenants in common
4. Joint tenancy

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2
Q

As a real estate agent we can explain the various types of ownership but we cannot provide

A

Legal advice

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3
Q

What are the three basic ways people can own real estate

A
  1. Severalty (One person)
  2. Co-ownership (2 or more people)
  3. Trust- separate legal entity who manages money for the benefit of its beneficiaries
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4
Q

This type of ownership involves one person or corporation; one legal owner

A

Severalty (severed or cut off from other owners)

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5
Q

What are the four different ways to co-own by two or more people

A
  1. Tenants in common (no right of survivorship) can be unequal ownership
  2. Joint Tenancy- Have the right of survivorship
  3. Tenancy by the entirety- Co-owners must be married-ownership stays between the spouses
  4. Community property- In these several community property states, marriage by itself makes the new spouse an automatic co-owner.
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6
Q

Requirements to create joint tenancy must have these 4 unities

A
  1. Unity of possession- all have undivided rights
  2. Unity of interest- equal ownership interest (3 people 1/3, 1/3, 1/3)
  3. Unity of time- Must have acquired it together on the same day
  4. Unity of sale- Deed must involve all.
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7
Q

This type of ownership does NOT include right of survivorship

A

`Tenancy in common (mostly used in business purchases) can have unequal ownership among the parties and can will their portion at death.

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8
Q

This is when ownership of real estate is by business organizations

A

A partnership

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9
Q

What are two types of partnerships?

A
  1. General partnership- All partners participate in the operation and management and share full liability for losses and obligations( shared responsibilities_
  2. Limited partnership- You can only lose what you invested-not required to participate.
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10
Q

This is a separate legal entity; an artificial person; managed by its board of directors (own stock) in it

A

Corporation- disadvantage is double taxation-when you make a profit and then when you take money out pay again.

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11
Q

This separates the individual from the business. An advantage is secrecy and No double taxes

A

LLC (Limited Liability Companies)

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12
Q

When you own this type of real estate you get a unit deed and have ownership from the walls in and use of common areas

A

Condominium

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13
Q

This type of real estate is held by a corporation, no individual ownership; you own a share of stock only

A

Cooperative ownership

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14
Q

In MA If a rental property is sold to make condos, they have first right of refusal

A

Condominium conversion

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15
Q

This document proves that the condo owner is up to date on their fees

A

6D certificate

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