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These flashcards cover the essential vocabulary terms and definitions found throughout the real-estate study guide, providing a concise reference for exam preparation.
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Accretion
An increase in land area due to natural processes, such as soil deposited by a river.
Escheat
The reversion of property to the state when an owner dies without a will or legal heirs.
Frontage
The length of a property that borders a street, road, or waterway, important for zoning and valuation.
Usury
Charging interest on a loan at a rate higher than that allowed by law.
Unilateral Contract
A contract in which only one party makes a promise, e.g., a reward offer.
Economic Life
The span of time during which a property is expected to remain economically productive for its owner.
Alienation
The act of transferring title or ownership of real property from one party to another.
Puffing
Legal, non-fraudulent exaggeration of a property’s benefits by a real-estate agent.
Executed Contract
A contract that has been fully performed by all parties.
Principal (Loan)
The amount of money borrowed, excluding interest.
Demand
The total quantity of property buyers are willing and able to purchase at a given price.
Scarcity
An element of value reflecting the limited supply of land; value rises as availability declines.
Rescission
Mutual agreement by contracting parties to cancel a contract and release each other from obligations.
Economic Obsolescence
Loss in value caused by external factors, such as a nearby highway or factory.
Encroachment
An unauthorized physical intrusion onto another’s property, e.g., a fence or tree limb.
Commingling
Illegally mixing a client’s funds with a broker’s personal or business funds.
Separation (Funds)
Keeping client funds in a separate account from a broker’s personal funds; opposite of commingling.
Conversion
The illegal act of misappropriating client funds for personal use.
Duress
Unlawful pressure or coercion used to force a party to sign a contract.
Bilateral Contract
A contract in which both parties exchange promises to perform.
Power of Attorney
A legal document authorizing one person to act on another’s behalf.
Mechanic’s Lien
A lien placed on property for unpaid labor or materials used in construction.
Condominium
Individually owned real-estate unit within a multi-unit property, with common areas owned jointly.
Ad Valorem
Latin for “according to value”; basis for property tax assessments.
Appreciation
Increase in property value over time due to market forces such as demand or inflation.
Surveying
Measurement of three-dimensional positions, distances, and angles to determine land boundaries.
Lot-and-Block System
Legal land-description method using recorded plat maps specifying lot and block numbers.
Mortgage Lien
A lien that secures a loan used to purchase real property.
Anticipation (Appraisal)
Principle that a property’s value is based on expected future benefits.
Counteroffer
A seller’s (or buyer’s) response proposing new terms to an original offer.
Partition
Court-ordered division of property among co-owners to terminate co-ownership.
Blind Offer
Purchase offer submitted by a buyer who has not seen the property.
Deed
Written instrument that conveys title to real property.
Release Clause
Loan clause allowing portions of collateral to be freed after proportional repayment.
Emblements
Annual crops cultivated by a tenant; treated as the tenant’s personal property.
Adverse Possession
Acquisition of title through continuous, open, hostile, and notorious occupation for a statutory period.
Antitrust Laws
Federal and state statutes promoting fair competition and prohibiting monopolistic practices.
Severance
The act of detaching an item from land, converting it from real to personal property.
Option Contract
Agreement giving a buyer the right, but not the obligation, to purchase property at a set price within a specified time.
Principal (Agency)
The person who hires or authorizes an agent to act on their behalf.
Prepayment Penalty Clause
Contract provision imposing a fee on a borrower for paying off a loan early.
Package Loan
Loan financing both real property and personal property (e.g., furnished condo).
Listing Agreement
Document establishing the agency relationship between a seller and a real-estate broker.
Estate at Sufferance
Tenancy in which a tenant remains after lease expiration without the landlord’s consent.
Utility (Value)
Capability of real estate to satisfy human needs or desires, contributing to value.
Forgery
Fraudulent creation or alteration of a document to deceive.
Mortgage Points
Up-front fees paid to a lender to reduce an interest rate; one point = 1% of loan amount.
Deed Restriction
Limitation on property use imposed by current or past owners, enforceable by deed.
Novation
Substitution of a new contract for an old one, relieving the original parties of liability.
Servient Estate
Parcel over which an easement runs for the benefit of another property.
Dominant Estate
Property that benefits from an easement over another parcel.
Fee Simple Absolute
Highest form of real-estate ownership, limited only by government powers.
Condemnation
Legal process by which property is taken under eminent domain with just compensation.
Radon
Naturally occurring radioactive gas; second leading cause of lung cancer in the U.S.
Land Trust
Agreement in which property title is transferred to a trustee to maintain owner anonymity.
Universal Agent
Agent with unlimited authority to act for the principal in all matters.
Right of Survivorship
Feature of joint tenancy where a deceased owner’s share automatically passes to surviving owners.
Rectangular Survey System
Government land-description method using principal meridians and baselines.
Gross Rent Multiplier (GRM)
Ratio of a property’s sale price to its gross annual rental income.
Codicil
Written supplement or amendment to a will.
Proration
Allocation or division of expenses (e.g., taxes) between parties at closing.
Injunction
Court order prohibiting or requiring a specific action until litigation is resolved.
Implied Contract
Legally enforceable agreement created by parties’ actions or circumstances, not written.
Involuntary Lien
Lien placed on property without owner’s consent, e.g., tax lien.
Warehousing (Loans)
Aggregating mortgage loans for sale on the secondary market.
Liquidated Damages
Specific sum agreed upon in a contract as compensation if a party breaches.
Riparian Rights
Rights of landowners to reasonable use of water in adjacent rivers or streams.
Police Power
Government authority to regulate property for public health, safety, and welfare (e.g., zoning).
Lease Option
Lease giving tenant the option to purchase the property within a specified time.
General Agency
Agency relationship giving the agent limited authority, typical in property management.
Timeshare
Ownership model where multiple parties hold usage rights to a property for set time periods.
Cost Approach
Appraisal method estimating value by adding land value to depreciated replacement cost of improvements.
Probate
Court process for settling a deceased person’s estate and transferring real-estate assets.
Specific Performance
Court order requiring a party to fulfill contract obligations rather than pay damages.
Acceleration Clause
Loan provision allowing lender to demand full repayment upon borrower default.
Addendum
Document that adds new terms to an existing contract without altering original wording.
Amendment
Formal change that modifies existing contract terms already agreed upon.
Effective Date
Date on which a contract becomes legally binding and enforceable.
Brokerage Name Requirement
Advertising rule requiring inclusion of the brokerage firm’s name in all ads.
Market Allocation
Antitrust violation in which competitors divide territories or customers.
Zoning Permit
Approval required to ensure proposed development complies with zoning regulations.
Blockbusting
Illegal practice of inducing owners to sell by suggesting demographic changes will lower property values.
Trustor
Property owner who transfers title to a trustee in a trust arrangement.
Tenancy at Will
Tenancy with no fixed term, terminable by either party at any time with proper notice.
Cash Reserve Fund
Budgeted reserve set aside by property managers for variable or unexpected expenses.
Purchase Agreement
Binding contract outlining obligations of buyer and seller in a real-estate sale.
Constructive Eviction
Situation where a landlord’s actions (or inaction) make premises uninhabitable, forcing tenant to leave.
Equal Credit Opportunity Act (ECOA)
1974 law prohibiting lending discrimination based on protected characteristics.
Easement in Gross
Easement benefiting an individual or entity, not tied to a dominant estate (e.g., utility ROW).
VA Loan
Mortgage guaranteed by the U.S. Department of Veterans Affairs for eligible borrowers.
Balloon Loan
Loan requiring periodic payments with a large final lump-sum payment due at end of term.
Eminent Domain
Government power to take private property for public use with just compensation.
General Warranty Deed
Deed offering the greatest protection to the grantee, with full warranty against title defects.
Licensee
Individual holding a real-estate license authorized to practice brokerage.
Offer
Proposal made by a buyer to purchase property under specified terms.
Earnest Money
Deposit showing buyer’s good faith, held in trust until closing or contract termination.
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
Federal law establishing Superfund to clean up hazardous waste sites and assign liability.
Voidable Contract
Contract valid on its face but may be rescinded by one party (e.g., minor’s contract).
Reverse Mortgage
Loan allowing homeowners aged 62+ to convert home equity to cash without selling.
Housing for Older Persons Act (HOPA)
Law allowing age-restricted housing if 80% of units have occupants 55 or older.