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Earnest Money
Deposit showing buyer’s good faith
Equity
Property value minus debts/liens.
Encroachment
Unauthorized intrusion on neighbor’s property.
Fixture
Item once movable but attached to real property.
As-Is Sale
Property sold in current condition with no guarantees.
Mechanic’s Lien
Claim against property for construction work not paid.
Homeowners’ Association (HOA)
Organization regulating community properties.
Caveat Emptor
"Buyer beware" principle on property condition.
Florida-Specific Laws & Regulations
Florida Real Estate Commission (FREC)
Regulates licensing and conduct.
Florida Real Estate License Law
Rules for sales associate and broker practice.
Florida Real Estate Settlement Procedures (RESPA/TILA)
Loan disclosures.
Florida Fair Housing Act (F.S. § 760)
Prevents housing discrimination
Agency Disclosure Form
Required explanation of broker relationships.
Deed
Transfers property ownership legally
Grantor/Grantee
Seller and recipient of property.
Title Search & Insurance
Ensures clear ownership and protection.
Alienation Clause
Loan payable on property sale.
Quitclaim & Warranty Deeds
Different guarantees of title transfer.
Recording
Publicly documenting property transfer to protect ownership.
Appraisal
Estimate of property’s market value
Comparables ("Comps")
Similar properties used for valuation.
Depreciation
Loss in value due to wear or obsolescence.
Capitalization Rate (Cap Rate)
Return rate on investment.
Principle of Substitution
Buyer pays no more than equivalent property cost.
Plottage
Value increase from combining parcels.
Mortgage/Deed of Trust
Security instrument for a property loan.
Amortization
Loan repaid gradually with principal and interest
Adjustable Rate Mortgage (ARM)
Interest rate can fluctuate periodically.
Balloon Loan
Small payments with a large final balance.
Loan-to-Value Ratio (LTV)
Loan amount ÷ property value
Private Mortgage Insurance (PMI)
Protects lenders when down payment <20%.
Buydown
Prepaid amount to temporarily lower interest rate.
Escrow
Third-party management of funds/documents during transaction.
Offer
Proposal to enter a contract.
Acceptance
Agreement to the offer, creating binding contract.
Breach of Contract
Failing to perform contract obligations.
Bilateral Contract
Each party makes binding promises.
Unilateral Contract
One party promises action for performance.
Addendum/Amendment
Changes or supplements to contracts.
Contingency
Condition affecting enforceability of contract.
Novation
Substitution of new contract or party with consent.
Consideration
Value exchanged between parties to support contract.
Bundle of Rights (DEEPC)
Disposition, Enjoyment, Exclusion, Possession, Control
Fee Simple Absolute
Maximum property ownership with complete transfer rights.
Tenancy in Common
Co-ownership without survivor right.
Joint Tenancy
Co-ownership with right of survivorship.
Appurtenance
Right or object attached to property transferring with ownership.
Air and Water Rights
Rights to the space above and water bordering the property.
Easement
Legal right to use another’s land for a purpose.
Encumbrance
Claim or lien affecting ownership or transfer.
Zoning & Land Use Regulations
Controls how land may be developed or used.
Agent
Represents another party in a real estate transaction
Broker
Licensed professional who supervises agents and transactions.
Fiduciary Duty
Obligation of loyalty, care, obedience, disclosure, accounting, confidentiality
Dual Agency
When one agent represents both buyer and seller with consent.
Listing Agreement
Contract giving a broker authority to market property.
Principal/Client
The person hiring and represented by the agent.
Customer
A party to whom services are owed limited duties (not fiduciary).
Disclosure
Obligation to inform about material facts or conflicts.