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A |
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Abandonment -
The voluntary relinquishment of rights of ownership or another form of
interest (an easement) by failure to use the property over an extended
period of time. |
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ABR -
The Accredited Buyer Representative designation indicates a real estate
agent specializing in representing buyers in the real estate
transaction. The ABR is conferred by the Real Estate Buyer's Agent
Council (REBAC). |
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Abstract (Of Title) -
A summary of the public records relating to the title to a particular
piece of land. An attorney or title insurance company reviews an
abstract of title to determine whether there are any title defects,
which must be cleared before a buyer, can purchase clear, marketable and
insurable title. |
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Acceleration Clause -
Condition in a mortgage that may require the balance of the loan to
become due immediately, if regular mortgage payments are not made or for
breach of other conditions of the mortgage. |
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Acceptance -
Refers to a legal term denoting acceptance of an offer. A buyer offers
to buy and the seller accepts the offer. |
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Accrued Weeks -
(Relating to Time-Shares) Weeks that have accumulated from the prior
year and are available for use in the current calendar year.
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Acre -
A measure of land, equal to 160 sq. rods (43,560 sq. ft. ). An
acre is approximately 209' x 209'. |
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Acknowledgment -
A formal declaration before an authorized official (usually a notary
public) by a person who has executed a document, that he did in fact
execute (sign) the document. |
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Addendums -
Additions to a contract, sometimes called attachments or exhibits. A
list or other items added to a document, letter, contract, and escrow
instructions, etc. |
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Adverse Possession -
Methods of acquiring title by open and notorious possession usually vary
with each state. |
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Agency -
(a) The relationship that exists when a person, known as the principal,
contracts to another, the agent, to perform an act in that person's
stead. (b) Common term for a firm offering representation.
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Agency Disclosure -
A state mandated form that describes representation options available to
the buyer and must be presented to all buyers at the first "meaningful
meeting. " |
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Agent -
A person authorized by another to act on his or her behalf.
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Agreement of Sale -
Known by various names, such as contract of purchase, purchase
agreement, or sales agreement according to location or jurisdiction. A
contract in which a seller agrees to sell and a buyer agrees to buy,
under certain specific terms and conditions spelled out in writing and
signed by both parties. |
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Alienation Clause -
A clause within a loan instrument calling for a debt in its entirety
upon the transfer of ownership of the secured property. Also called a
"due on sale" clause. |
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Amortization -
A payment plan that enables the borrower to reduce his debt gradually
through monthly payments of principal. |
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Amortization Schedule: -
A table that lists what percentage of each payments consist of interest
and principal. |
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Application Deadline -
The date by which the buyer must formally apply for a mortgage in order
to validate the mortgage contingency. |
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Appraisal -
An expert judgment or estimate of the quality or value of real estate as
of a given date. |
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Asking Price -
The price that a seller is requesting for their property, specified in a
listing contract. |
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Assessed Value -
Value placed on property by the tax assessor. |
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Assessment -
The valuation of property for the purpose of levying a tax or the amount
of the tax levied. |
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Assessor -
One appointed to assess property for taxation. |
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Assignment -
A transfer or making over to another the whole of any property, real or
personal, or of any Estate or right therein. To assign is to transfer.
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Assumption of Mortgage -
An obligation undertaken by the purchaser of property to be personally
liable for payment of an existing mortgage. In an assumption, the
purchaser is substituted for the original mortgagor in the mortgage
instrument and the original mortgagor is to be released from further
liability in the assumption, the mortgagee's consent is usually required
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Attachment -
Seizure of property by court order, usually done in a pending law suit
to make property available in case of judgment. |
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B |
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Balloon Payment -
The final installment paid at the end of the term of a note; used only
when preceding installments were not sufficient to pay off the note in
full. |
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Bill of Sale -
An instrument used to transfer personal property |
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Binder -
(a) A written statement from the insurance company showing that the
homeowners insurance has been paid for and will be in place after
closing. (b) A sum of money used as a deposit to show good faith and
commitment to the purchase of the real property. |
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Blanket Mortgage (Trust Deed) -
A single mortgage or trust deed, which covers more than one piece of
real estate |
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Bond -
An insurance agreement by which one party is insured against loss or
default by a third party. In the construction business a performance
bond ensures the interested party that the contractor will complete the
project. A bond can also be a method of financing debt by a government
or corporation, which is interest-bearing and has priority over stock in
terms of security. |
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Bonus Time -
(Relating to Time-Shares) Use of your resort in addition to your regular
allocated time on a space available basis. |
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Breach -
Violation of an obligation in a contract. |
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Binder or "Offer to Purchase" -
A preliminary agreement, secured by the payment of earnest money,
between a buyer and seller as an offer to purchase real estate. A
binder secures the right to purchase real estate upon agreed terms for a
limited period of time. If the buyer changes his mind or is unable to
purchase, the earnest money is forfeited unless the binder expressly
provides that it is to be refunded. |
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Broker, Real Estate -
An agent licensed by the state to carry on the business of operating in
real estate. He usually receives a commission for his services of
bringing together buyers and sellers, owners and tenants in exchange
agreements. |
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Building Code -
A set of stringent laws that control the construction of buildings,
design, materials and other similar factors. |
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Broker's Commission - -
A section of the offer to purchase, and the purchase and sale agreement
outlining the cooperating real estate broker's fees.
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Building Line or Setback -
Distances from the ends and/or sides of the lot beyond which
construction may not extend. The building line may be established by a
filed plat of subdivision, by restrictive covenants in deeds or leases,
by building codes, or by zoning ordinances. |
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Built-Ins -
Items that are not movable, such a stoves, ovens, microwave ovens or
dishwashers. |
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Buyer Broker -
A real estate agent who specializes in representing the purchaser.
Some agents who specialize in this area are referred to as Exclusive
Buyers Agents and do not list properties. |
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Buyers Market -
A market condition that occurs in real estate where more homes are for
sale than there are interested buyers. |
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C |
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Camping Membership -
(Relating to Time-Shares) A membership to a resort or resort community
catering to campers, some of which are affiliated with national
organizations providing camping locations for members in many states and
other countries. |
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Capital Gains -
A term used for income tax purposes, which represents the gain realized
from the sale of an asset less the purchase price and deductible
expense. |
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Capitalization -
An appraising term used in determining value by considering net
operating income and a percentage of reasonable return on investment.
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Cash Flow -
The owner's "spendable" income after operating expenses and debt service
is deducted. |
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Certificate of Title -
A certificate issued by a title company or a written opinion rendered by
an attorney that the seller has good marketable and insurable title to
the property, which he is offering for sale. A certificate of title
offers no protection against any hidden defects in the title, that an
examination of the records could not reveal. The issuer of a
certificate of title is liable only for damages due to negligence. The
protection offered a homeowner under a certificate of title is not as
great as that offered in a title insurance policy. |
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Cesspool -
A private sewerage system consisting of a pit underground where sewerage
flows into and allows the waste water to leach through the sides of the
pit leaving the sludge to be pumped regularly. |
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Chain Of Title -
A history of conveyances and encumbrances affecting the title as far
back as records are available. |
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Client -
A buyer or seller who is represented by a real estate salesperson or
broker as the buyer's or seller's agent and subject to that buyer's or
seller's control. The terms of their agency agreement should be in
writing. |
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Closing -
In the sale of real estate it is the final moment when all documents are
executed and recorded and the sale is complete. Also, a general
selling term where a sales person is attempting to sell something and
the buyer agrees to purchase. |
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Closing Costs -
The expenses which buyers and sellers normally incur to complete a
transaction in the transfer of ownership of real estate. These costs
are in addition to price of the property and are items prepaid at the
closing day. |
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Closing Date -
The date on which the title to the property changes hands.
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Closing Statement -
A list of the final accounting of all funds and disbursement of both
buyer and seller prepared by an escrow agent, which notes all costs
each, must pay at the completion of a real estate transaction.
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Cloud (On Title) -
An outstanding claim or encumbrance which adversely affects the
marketability of title. |
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Club Membership -
(Relating to Time-Shares) Year-round usage of resort facilities with
purchase, on a space available basis. |
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Code of Ethics -
The rules and regulations required by all members of the National
Association of Realtors. |
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Commission -
Money paid to a real estate agent or broker by the seller as
compensation for finding a buyer and completing the sale. |
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Commitment Letter -
A letter from the lending institution giving formal approval for a
mortgage loan. |
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Common Area -
That area owned in common by owners of condominiums and planned sight
development homes within a subdivision. |
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Community Property -
Both real and personal property accumulated by a husband and wife after
marriage through joint efforts of both living together.
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Condemnation -
A declaration by governing powers that a structure is unfit for use.
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Conditional Sales Contract -
A contract for the sale of property where the buyer has possession and
use, but the seller retains title until the conditions of the contract
have been fulfilled. Also known as a land contract.
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Co-Op Housing -
An apartment building or a group of dwellings owned by a corporation,
the stockholders of which, are the residents of the dwellings. It is
operated for their benefit by their elected board of directors. In a
cooperative, the corporation or association owns title to the real
estate. A resident purchases stock in the corporation, which entitles
him to occupy a unit in the building or property owned by the
cooperative. While the resident does not own his unit, he has an
absolute right to occupy his unit for as long as he owns the stock.
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Condominium -
Individual ownership of a dwelling unit and an individual interest in
the common areas and facilities that serve the multi-unit project.
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Consideration -
Anything of value given to induce someone into entering into a contract.
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Construction Loan -
The short-term financing of improvements on real estate. Once the
improvements are completed a 'take out' loan for a longer term is
usually issued. |
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Contingency -
A condition upon which a valid contract is dependent. Typically found
in the offer to purchase and the purchase and sale agreement. For
example, the sale of a house is contingent upon the buyer obtaining
adequate financing. |
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Contract -
An agreement between two or more parties, written or oral, to do or not
to do certain things. |
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Conveyance -
The transfer of the title to land from one to another.
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Contractor -
In the construction industry, a contractor is one who contracts to erect
buildings or portions of them. There are also contractors for each
phase of construction: heating, electrical, plumbing, air conditioning,
road building, bridge and dam erection, and others.
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Counter Offer -
An offer in response to an offer. 'A' offers to by 'B's' house for
RM20,000, which is listed for RM22,000. 'B' counter offers 'A's' offer
by stating that he will sell the house to 'A" for RM21,000. The RM21,000
is the counter offer. |
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Covenants -
Agreements written into deeds and other instruments stating performance
or non-performance of certain acts or noting certain uses or non-uses of
property. |
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CRP -
(The Certified Relocation Professional) certification is conferred by
the Employee Relocation Council (E-R-C). The designation denotes
relocation professionals who specialize in relocation and who pass.
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CRS -
The Certified Residential Specialist designation, offered through NAR,
denotes an agent who specializes in residential real estate. Only
about three percent of the members of NAR have earned this designation.
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Credit Report -
A report on a buyer's credit history required by the lender before
approval. |
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Credit Score -
A potential borrower's composite of available credit, outstanding credit
and payment history. |
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Customer -
A buyer who is working with a real estate salesperson or broker who is
the agent or subagent of the seller. It could also be a seller of an
unlisted property who is working with a buyer's agent, although this
situation is less common. |
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D |
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Debt Service -
The total amount of the load payment, including principal and interest.
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Deed -
A formal written instrument by which title to real property is
transferred from one owner to another. The deed should contain an
accurate description of the property being conveyed, should be signed
and witnessed according to the laws where the property is
located, and should be delivered to the purchaser at closing day.
There are two parties to a deed: the grantor and the grantee. |
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Default -
Failure to make mortgage payments as agreed to in a commitment based on
the terms and at the designated time set forth in the mortgage or deed
of trust. It is the mortgagor's responsibility to remember the due
date and send the payment prior to the due date, not after. Generally,
thirty days after the due date if payment is not received, the mortgage
is in default. In the event of default, the mortgage may give the
lender the right to accelerate payments, take possession and receive
rents, and start foreclosure. Defaults may also come about by the
failure to observe other conditions in the mortgage or deed of trust.
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Deposit -
A sum of money sometimes referred to as earnest money, binder or escrow,
which is presented with the offer to purchase and the purchase and sale
agreement. This money is held in escrow and goes towards the buyer's
closing costs. |
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Depreciation -
Decline in value of a house due to wear and tear, adverse changes in the
neighborhood or any other reason. |
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Developer's Price -
(Relating to Time-Shares) Estimated developer's current or market price.
Full retail price. |
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Documentary Stamps -
A tax, in the forms of stamps, required on deeds and mortgages
when real estate title passes from one owner to another. |
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Down-Payment -
The amount of money to be paid by the purchaser to the seller upon the
signing of the agreement of sale. The agreement of sale will refer to
the down payment amount and will acknowledge receipt of the
down-payment. The down-payment is the difference between the sales
price and maximum mortgage amount. The down-payment may not be
refundable if the purchaser fails to buy the property without good
cause. If the purchaser wants the down-payment to be refundable, he
should insert a clause in the agreement of sale specifying the
conditions under which the deposit will be refunded, if the agreement
does not already contain such clause. If the seller cannot deliver
good title, the agreement of sale usually requires the seller to return
the down-payment and to pay interest and expenses incurred by the
purchaser. |
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Dual Representation (Agency) -
A broker or salesperson representing both buyer and seller in the same
transaction. |
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E |
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Earnest Money -
The deposit money given to the seller or his agent by the potential
buyer upon the signing of the agreement of sale to show that he is
serious about buying the house. If the sale goes through, the earnest
money is applied against the down-payment. If the sale does not go
through, the earnest money will be forfeited or lost unless the binder
or offer to purchase expressly provides that it is refundable.
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Easement Rights -
A right-of-way granted to a person or company authorizing access to or
over the owner's land. An electric company obtaining a right-of-way
across private property is a common example. |
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Economic Obsolescence -
Loss of useful life and desirability of a property through economic
forces, such as change in zoning, changes in traffic flow, etc. -
rather than deterioration. |
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Encroachment -
An obstruction, building, or part of a building that intrudes beyond a
legal boundary onto neighboring private or public land, or a building
extending beyond the building line. |
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Encumbrance -
A legal right or interest in land that affects a good or clear title,
and diminishes the lands value. It can take numerous forms, such as
zoning ordinances, easement rights, claims, mortgages, liens, charges, a
pending legal action, unpaid taxes, or restrictive covenants. An
encumbrance does not legally prevent transfer of the property to
another. A title search is all that is usually done to reveal the
existence of such encumbrances, and it is up to the buyer to determine
whether he wants to purchase with the encumbrance, or what can be done
to remove it. |
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Equity -
The residual value of real property beyond any mortgage thereon.
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Escalation Clause -
A clause in a lease providing for an increased rent at a future time due
to increased costs to lessor, as in cost of living index, tax increases,
etc. |
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Escheat -
The reverting of property to the state in the absence of heirs.
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Estate -
The ownership interest of a person in real property. Is also used to
refer to a deceased person's property. And often used to describe a
large home with spacious grounds |
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Equity -
The value of a homeowner's unencumbered interest in real estate.
Equity is computed by subtracting from the property's fair market value
the total of the unpaid mortgage balance and any outstanding liens or
other debts against the property. A homeowner's equity increases as he
pays off his mortgage or as the property appreciates in value. When
the mortgage and all other debts against the property are paid in full
the homeowner has 100% equity in his property. |
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Exchange Company -
(Relating to Time-Shares) Organization, which for a fee provides
vacation exchange services and will assist timeshare and camping
membership owners in exchanging for other resorts worldwide.
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Exclusions -
A section of the offer to purchase designed to exhibit anything the
buyer or seller would not like included with the real estate (i. e.
debris in the yard or a chandelier). |
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Exclusive Buyer Representation -
An agency relationship between a buyer and a broker that cannot result
in dual agency. |
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Executed Contract -
An agreement that has been fully performed. |
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Expiration Date and Time -
A section of the offer to purchase designed to give the offer a time
limit after which the offer is withdrawn. |
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Extensions -
Written or verbal extensions of dates in the offer to purchase and the
purchase and sale agreement. |
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F |
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Fair Market Value -
That price a property will bring given that both buyer and seller are
fully aware of market conditions and comparable properties.
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Fee Simple -
Ownership of title to property without any limitation, which can be
sold, left at will, or inherited. |
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Fiduciary Duties -
An obligation of trust imposed on an agent toward his/her principal.
These duties include loyalty, disclosure, confidentiality, obedience,
reasonable care, due diligence, and accountability for funds and
documents under the agent's control. Every agent has a fiduciary
responsibility to the principal, once they are engaged.
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Financing Acceptance Deadline -
The date in the offer to purchase that the buyer expects to have the
loan commitment from the bank and may be used to nullify the sale
contract if the mortgage is not obtained. |
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Fixed -
(Relating to Time-Shares) A time period that is fixed for each calendar
year, either by date or by calendar weeks; most in numerical sequence
1-52. With a week number, your actual start date may vary slightly
from year to year. |
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Fixed Rate Loan -
A loan that has an unchanging interest rate. |
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Fixtures -
Items affixed to buildings or land usually in such a way that they
cannot be moved without damage to themselves or the property, such as
plumbing, electrical fixtures, trees, etc. |
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Floating -
(Relating to Time-Shares) Your time period is defined by a season and
your week period is not fixed. You reserve your time period within the
appropriate season annually. Most resorts have a High, Medium and Low
Season. |
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Foreclosure -
A legal term applied to any of the various methods of enforcing payment
of the debt secured by a mortgage, or deed of trust, by taking and
selling the mortgaged property, and depriving the mortgagor of
possession. |
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FSBO (For Sale By Owner) -
A home that is being sold by the owner of the property without the
representation of a broker. |
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Fractional -
(Relating to Time-Shares) Multiple week ownership at the same resort -
two or more weeks of timeshare ownership for use in one calendar year.
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Front Footage -
The linear measurement along the front of a parcel. That portion of
the parcel, which fronts the street or walkway. |
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Functional Obsolescence -
Loss in value due to out-of-date or poorly designed equipment while
newer equipment and structures have been invented since its
construction. |
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G |
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General Warranty Deed -
A deed which conveys not only all the grantor's interests in - and title
to - the property to the grantee, but also warrants that if the title is
defective or has a "cloud" on it (such as mortgage claims, tax liens,
title claims, judgments, or mechanic's liens against it) the grantee may
hold the grantor liable. |
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Good Faith Estimate -
A required statement from the lender that shows all of the expected
closing costs. |
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Grantee -
That party in the deed that is the buyer or recipient.
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Grantor -
That party in the deed that is the seller or giver.
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Gross Estimate -
All money coming into a household on a regular basis.
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Ground Lease -
A lease of vacant land |
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H |
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Hard Credit Report -
A report on one's credit history that is a compilation of the three
credit bureaus. |
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Hazard Insurance -
Protects against damages caused to property by fire, windstorms and
other common hazards. |
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Home Owners Association -
An association of homeowners within a community formed to improve and
maintain the quality of the community. An association formed by the
developer of condominiums or planned developments. |
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Homeowner's Insurance -
An insurance policy protecting against a variety of hazards.
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I |
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Inclusions -
A section of the offer to purchase designed to exhibit any extra items
the buyer or seller would like to be included with the real estate (i.
e. personal property). |
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Inspections -
The analysis of the home to find defects that may exist.
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Interest -
Money paid to a lender as compensation for money that is borrowed.
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Intestate -
A person who dies without making a will. |
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Involuntary Lien -
A lien that attaches to property without the consent of the owner such
as tax liens as opposed to voluntary liens (mortgages).
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J |
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Joint Tenancy -
Joint ownership by two or more persons with right of survivorship.
Upon the death of a joint tenant, his interest does not go to his heirs,
but to the remaining joint tenants. |
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L |
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Lease -
A contract between the owner of real property, called the lessor, and
another person referred to as the lessee, covering all conditions by
which the lessee may occupy and use the property. |
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Lease With Option To Purchase -
A lease where the lessee has the option to purchase the leased property.
The terms of the purchase option must be set forth in the lease.
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Legal Description -
The geographical identification of a parcel of land.
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Lessee -
One who contracts to rent property under a specified lease.
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Lessor -
An owner who contracts into a lease with a tenant (lessee).
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Lien -
A claim by one person on the property of another as security for money
owed. Such claims may include obligations not met or satisfied,
judgments, unpaid taxes, materials, or labor. (See also special lien.
) |
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Life Estate -
An estate in real property for the life of a person |
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Listing -
(a) A property included in the multiple listing service. (b) A written
agreement between a seller and a broker authorizing the broker to
procure a buyer or tenant for his/her real estate. |
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Listing Agent -
The broker employed by the principal to market the property.
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Listing Agent Questionnaire -
A form to be filled out by the listing agent or the seller answering
typical questions regarding the condition of the property.
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Living Trust -
A trust agreement, which the title to property and assets can be
transferred into, thereby avoiding probate. The Living Trust was the
first of the Trusts. A Trust is created when a living person (the
Trustor) agrees to let someone (the Trustee) hold title to property for
the benefit of someone (the Beneficiary). |
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Loan Fee -
Also known as points, discount points or origination fee, this is a one
time charge by a lender as compensation for their services. 1 point
equals 1% of the mortgage amount. |
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Loan Originator -
A person who works for the lending institution whose job it is to meet
with potential borrowers to discuss loan options, rates, etc.
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M |
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Maintenance Fee -
(Relating to Time-Shares) Maintenance fees are established and collected
by the Homeowners Association or Resort Management Company to maintain
the property, pay insurance, utilities, refurbishing and taxes.
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Market Analysis -
An analysis performed to determine the current value of a property based
on recently sold comparable properties, comparable properties that are
currently for sale and the current overall market conditions.
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Marketable Title -
A title that is free and clear of objectionable liens, clouds, or other
title defects. A title that enables an owner to sell his property
freely to others and one which others will accept without objection.
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Mechanic's Lien -
A lien created by statute on a specific property for labor or materials
contributed to an improvement on that property. |
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Money Market Accounts -
These are like a savings account usually offered through Securities
Brokerage houses and some banks, which usually pay higher interest
rates, have checkwriting features, along with a variety of other
features. In most cases, a great place to put funds from the closing
of a real estate transaction. Check with a Mutual Funds Registered
Representative for details. |
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Mortgage -
A legal document that pledges property to a creditor for the repayment
of the loan, and is the term used to describe the loan itself. Some
states use the term First Trust Deeds to refer to mortgage loans.
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Mortgage (Open- End) -
A mortgage with a provision that permits borrowing additional money in
the future without refinancing the loan or paying additional financing
charges. Open- end provisions often limit such borrowing to no more
than would raise the balance to the original loan figure.
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Mortgagee -
The lender in a mortgage agreement. |
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Mortgagor -
The borrower in a mortgage agreement. |
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Mortgage Commitment -
A written commitment from the lending institution to provide a mortgage
to the buyer for a specific property. |
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Mortgage Contingency -
A contingency in the offer to purchase and/or the purchase and sale
agreement which protects the buyers in case they are unable to get a
mortgage commitment by a date specified in the contract. In this case,
the buyers would be able to cancel the contract to purchase and receive
back all deposits made. |
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Multiple Listing -
A listing taken by a member of an organization of brokers, whereby all
members have an opportunity to find a buyer. |
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Multiple Listing Service -
A service provided to real estate agents that lists homes under a
seller's representation agreement and may be available for sale. A
computerized database of all homes listed by real estate agents.
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