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first substantive contact
the critical point at which agency disclosure is required by a license holder; generally occurs at the first face-to-face meeting with the customer and prior to the sharing of any confidential information or initiation of any action in regards to a specific property
dual agency
An agency relationship wherein both the buyer and the seller are represented by the same broker in an in-house real estate transaction; requires written consent from both parties
single agency
also known as exclusive agency, an agency arrangement in which one agent represents one party in a real estate transaction; the party may be either a seller or a buyer
subagency
a form of agency that arises when an agent enlists the use of other agents to accomplish a client's goal
transaction brokerage
a form of non-agency carried out by a broker who facilitates a transaction absent of any agency relationship with one or both parties to the contract
South Carolina Disclosure of Real Estate Brokerage Relationships
the state-mandated agency disclosure form that license holders must provide to consumers at the first substantive contact or discussion
property disclosure
the act of making known the material facts about a property in order to enable prospective buyers to make informed decisions about its value and desirability
BTU
a measurement of the amount of heat required to raise the temperature of one pound of water by one degree Fahrenheit; is the unit of measurement for capacity of heating and air conditioning units
HVAC
an acronym referring to the collective efforts of the heating, ventilation, and air conditioning; is the major system used to control the heating, cooling, and movement of air in indoor environments
stigmatized property
property with suppressed market value unrelated to its physical condition or features; frequently as result of death of an occupant, murder, suicide, or a belief the property is haunted
State of South Carolina Residential Property Condition Disclosure Statement
the state-mandated agency disclosure form typically used to disclose all known material facts that could reasonably influence a buyer's decision to purchase a property
brokerage disclosure policy
the full sum of disclosure policies that the broker-in-charge establishes for all sponsored licensees; will be recorded in the brokerage office manual and contain, at a minimum, all state-mandated policy manual disclosure requirements
novation
the act of replacing an existing contract with a new one
rescission
an attempt to put the parties back in a position as though the contract never existed; a.k.a. annulment
buyer representation agreement
an agency agreement between a broker and a buyer wherein the broker represents the buyer in their effort to purchase or lease a property
listing agreement
a contract between a principal and a broker to sell or lease a property
addenda
additions to a completed contract that specify supplementary information to the contract
amendment
change or modification to an already agreed-upon contract
cloud computing
using the internet to access and store information instead of using a computer's hard drive
ethics
standards of conduct agreed upon and recognized by a particular group or culture
blockbusting
the illegal act of causing owners to sell their homes by creating fear that members of a protected class are moving into the area.
arbitration
A formal resolution tactic that involves the arbitrator (or arbitrators) hears both sides (including evidence and even cross-examination sometimes) and then issues a verdict
due process
A fundamental principle of fairness in legal proceedings
area
the space occupied by a flat shape
perimeter
the total length of the sides of a shape
density
the measure of the proportion of a given area used for residential purposes
front feet
the number of feet of frontage a property has
frontage
the portion of the boundary of a property's lot that borders the street
comparative market analysis (CMA)
a report that compares the prices of recently sold or listed homes ("comparables") in order to estimate the market value of a property located in the same area
depreciation
the reduction in value of a property over time
economic life
the length of time for which an improvement on property is expected to remain functional and useful
principle of substitution
the idea that the value of something is affected by the cost of getting a similar (substitute) item elsewhere
sales comparison approach
approach to determining value by comparing the subject property to similar properties ("comps") that have sold recently
capitalization rate (cap rate)
a rate of return that calculates the percentage of expected annual income earned over a property's value; the present value for expected future income earned
effective gross income (EGI)
the total annual income that a property produces; does not account for any expenses
gross rent multiplier (GRM)
the ratio of the price of investment property to its annual rental income before considering expenses like taxes and insurance, etc.
net operating income (NOI)
a property's annual income that remains after paying its operating expenses
potential gross income (PGI)
the total rental income a property would receive if the property was 100% leased
vacancy cost
a property's loss in income from unrented units, under-market rent, and uncollected rent
liquidity
the ability for an investor to convert an asset into cash without losing value
anchor tenant
the leading tenant in a shopping center who can generate higher foot traffic for their lesser-known neighbor tenants
real estate investor
wants to make money from the property itself; they value the property based on the money they can make from others' use of the property
after-tax cash flow (ATCF)
a property's annual income that remains after paying its operating expenses, debt service, and taxes
cash-on-cash return
a rate of return that calculates the cash profit earned as a percentage of the cash invested; before-tax cash flow over total investment cost
internal rate of return
a value calculation that uses the initial cost of an investment and then estimates future cash flows in order to determine the interest rate a property may give an investor
return on investment (ROI)
shows the percentage increase (or decrease) of an investment over a set period of time
agency disclosure
the act of explicitly informing all parties about whom an agent is representing
designated agency
an agency arrangement wherein both parties to the transaction are represented by their own agent, but both agents are employed by the same brokerage; by necessity each client enjoys an agency relationship exclusively with the named agent within the brokerage
material fact
a fact that, if known, could cause someone to take a different course of action or make a different decision regarding the property to be purchased
misrepresentation
a statement, written or spoken, that is false or misleading; can be actionable if also found to be fraudulent
certificate of occupancy (CO)
legal document from a local authority that authorizes a building to be occupied; issued after the building has passed all required inspections
environmental assessment; a.k.a. environmental site assessment
a report prepared for a real estate holding that identifies potential or existing environmental contamination liabilities
bilateral
having or involving two sides, often with some degree of reciprocal impact or obligation
renunciation
unilateral action taken by an agent to abandon or discharge a contract
unilateral
having or involving one side; performed by one party without imposing the obligation of performance on another party
transaction brokerage agreement
a non-agency agreement in which a broker facilitates a transaction absent of any agency relationship with either party to the contract
purchase and sale agreement
a contract used in the sale of real property that outlines the responsibilities of the parties and terms of the sale
laws
rules that are enforced by a local, state, or federal government authority to help create order in society by establishing a "social contract" between citizens and the government.
morals
the personal values derived from a system of beliefs
mediation
negotiation tactic that involves sitting down with a neutral third party (the mediator) and finding a resolution to the issue
procuring cause
the defining action or actions that brought a buyer to purchase a property
livable area
the finished square footage of a property
adjustment
the change made to a comp's value to make it more similar to the subject property when doing a CMA
comparable (comp)
any property which has sold and is similar enough in features, location, and proximity in time to inform the value of a subject property
cost approach
method of estimating the value of a property by determining how much it would cost to replace the building or other improvements, minus the cost of depreciation, plus the value of the land itself
income approach
method of estimating the value of a property by applying a rate of return to the net income it produces
obsolescence
a property's loss of value due to economic or functional factors
physical deterioration
loss of value caused by physical wear and tear over time
gross income multiplier (GIM)
the ratio of the price of investment property to its annual total income before considering expenses like taxes and insurance, etc.
risk
the probability that the amount an investor will earn on their real estate investment will differ from the amount that they expect to earn
tax shelter
any strategy used to minimize the amount of taxable income and, therefore, reduce taxes owed to the government
time value of money (TVM)
an investment concept that states that today's money is worth more now than the same amount will be in the future because of its present earning capacity
rentable square footage (RSF)
the total area that a tenant may access (includes a property's common areas)
usable square footage (USF)
the total area that a tenant may occupy
amenity purchaser
wants a property to house their business; they value the property based on its ability to satisfy their particular business needs
profit and loss statement
a statement that shows the projected profits and expenses for an investment property over a time period
T12
a property's financial statements for the previous twelve consecutive months; also known as trailing twelve
before-tax cash flow (BTCF)
a property's annual income that remains after paying its operating costs and debt service
debt service
amount of money spent on an investment property's loans; includes both the portion spent on the principal and the interest of a loan
rate of return
a measure of the gain or loss of an investment weighed in relation to a metric of cost and/or time