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Real Property
Property consisting of land, buildings, and the rights associated with ownership (immovable).
Personal Property
Movable items not permanently attached to land (e.g., furniture, vehicles).
Fixture
A personal property item permanently attached to real property (becomes part of real estate).
Trade Fixture
Personal property used in business that can be removed by tenant before lease ends.
Appurtenance
A right or privilege associated with property that transfers with ownership (e.g., easement).
Hereditaments
All inheritable property, both tangible and intangible.
Lien
A legal claim or charge on property as security for a debt or obligation.
Easement
A legal right to use another's land for a specific purpose.
Encumbrance
Any claim or liability that affects the title to property (e.g., lien, easement, mortgage).
Bundle of Rights
Possession, Control, Enjoyment, Exclusion, and Disposition.
Real Estate Agent
A person licensed to represent buyers or sellers under a broker.
Real Estate Broker
A licensed professional who may own a brokerage and supervise agents.
REALTOR®
A real estate professional who is a member of the National Association of REALTORS® (NAR).
NAR Benefits
Access to MLS, legal support, networking, training, and ethical standards.
Property Manager
Manages property operations, maintenance, and tenant relations for owners.
Leasing Agent
Assists landlords in finding and signing tenants for rental properties.
Mortgage Banker
Originates, sells, and services real estate loans.
Real Estate Entrepreneur
Identifies, finances, and manages real estate investments for profit.
Residential Real Estate
Single-family homes, condos, duplexes, and apartments.
Commercial Real Estate
Office, retail, industrial, and investment properties.
Industrial Property
Property used for manufacturing, production, or storage.
Land
Raw, undeveloped property without improvements.
Zoning
Regulations governing land use (residential, commercial, industrial, agricultural).
Licensing Process
Pre-license education → exam → background check → license issuance → renewal.
Valuation
Estimation of property worth by an appraiser.
Appraiser
Provides independent valuation of property following USPAP standards.
Cost Approach
Value based on cost to build new minus depreciation.
Sales Comparison Approach
Value based on recent sales of similar properties.
Income Approach
Value based on income property produces (NOI Ă· Cap Rate).
Highest and Best Use
Most profitable and legal use of a property.
LAWS AND REGULATIONS
Fair Housing Act
Prohibits discrimination in housing based on protected classes.
Protected Classes
Race, Color, Religion, Sex, National Origin, Familial Status, Disability.
Steering
Directing buyers toward or away from areas based on protected class.
Blockbusting
Encouraging sales by suggesting a neighborhood's racial composition is changing.
Redlining
Refusing loans or insurance in certain areas based on demographics.
Reasonable Accommodation
Change allowing a person with a disability equal housing opportunity.
Equal Credit Opportunity Act (ECOA)
Prohibits discrimination in lending.
Truth in Lending Act (TILA)
Requires disclosure of loan costs and APR to borrowers.
Real Estate Settlement Procedures Act (RESPA)
Requires disclosure of closing costs and prohibits kickbacks.
Lead-Based Paint Disclosure
Required for homes built before 1978.
Asbestos Disclosure
Required if known asbestos is present.
Flood Zone Disclosure
Sellers must disclose flood risk or insurance requirements.
HUD
U.S. Department of Housing and Urban Development; enforces Fair Housing.
Fiduciary Duty
Legal obligation of agent to act in client's best interest.
Loyalty
Agent must prioritize client's interests above all others.
Confidentiality
Agent must not reveal client's private information.
Disclosure
Agent must inform client of all material facts.
Obedience
Agent must follow lawful instructions of client.
Accounting
Agent must properly handle client funds.
Reasonable Care
Agent must act with skill and diligence.
Zoning Ordinance
Local law regulating land use and building standards.
Variance
Permission to deviate from zoning rules.
Nonconforming Use
Property use that existed before zoning change and is allowed to continue.
Land Use Control
Government regulation of how land can be used.
Lease
A contract granting use of property for a specified time in exchange for rent.
Tenancy at Will
Tenant occupies with permission but no fixed term.
Tenancy at Sufferance
Tenant remains after lease expiration without consent.
Eviction
Legal process of removing a tenant.
Real Estate Commission
State agency regulating licensing and practice.
Building Code
Local laws setting construction and safety standards.
REAL ESTATE TRANSACTIONS & FINANCE
Real Estate Transaction
Process of buying or selling real property.
Listing Agreement
Contract between seller and broker to market property.
Offer
Buyer's proposal to purchase property.
Purchase Contract
Binding agreement between buyer and seller.
Earnest Money
Deposit showing buyer's good faith.
Title
Legal right of ownership of property.
Deed
Document transferring title from seller to buyer.
Warranty Deed
Provides full guarantees of clear title.
Special Warranty Deed
Guarantees title only during grantor's ownership.
Quitclaim Deed
Transfers interest without any title guarantees.
Recording
Entering documents into public record to give notice of ownership.
Mortgage
Loan secured by real property.
Loan-to-Value (LTV) Ratio
Loan amount divided by property value.
Amortization
Scheduled loan repayment reducing both principal and interest.
Fixed-Rate Mortgage
Loan with constant interest rate and payment amount.
Adjustable-Rate Mortgage (ARM)
Interest rate periodically changes based on index.
FHA Loan
Government-insured loan with low down payment.
VA Loan
Loan guaranteed by U.S. Department of Veterans Affairs for eligible veterans.
Secondary Mortgage Market
Where loans are sold to investors (e.g., Fannie Mae, Freddie Mac).
Fannie Mae
Government-sponsored enterprise buying mortgages from lenders.
Freddie Mac
Secondary market corporation purchasing mortgages.
Closing
Final stage of real estate transaction transferring ownership.
Settlement Statement
Document detailing all financial transactions at closing.
Escrow
Account held by neutral third party for funds until closing.
Proration
Dividing costs (taxes, insurance) between buyer and seller at closing.
Title Insurance
Protects buyer/lender from losses due to title defects.
Capitalization Rate (Cap Rate)
Net Operating Income Ă· Property Value.
Cash Flow
Net income after expenses and financing costs.
Appreciation
Increase in property value over time.
Depreciation
Decrease in value due to wear, age, or obsolescence.
REIT (Real Estate Investment Trust)
Company owning or financing income-producing real estate.
ETHICS
Truth in Advertising
Ads must be honest, factual, and not misleading.
Misrepresentation
False or misleading statement about property condition or features.
Dual Agency
Representing both buyer and seller in the same transaction (requires disclosure).
Conflict of Interest
Situation where agent's interests may oppose client's.
Code of Ethics
Standards of conduct for REALTORS® emphasizing honesty and integrity.
Client vs Customer
Client has agency relationship; customer does not but must be treated fairly.