Real Estate Terms Ripoff

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a Ripoff of real estate terms

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Acceleration clause: Allows a loan to become due and payable immediately if certain requirements are not met, such as making payments, maintaining the physical condition of the property or paying property taxes and hazard insurance.
take-out loan: Once construction is completed and an appraisal obtained, this is a term referring to the permanent, long-term financing for eh property.
reconciliation (see Correlation): An appraiser should use as many of the approaches to appraising as possible. This technique synthesizes the results into a single estimate of value. It is sometimes called correlation.
sherman antitrust act: A law designed to encourage competition ad free enterprise by outlawing price fixing.
Constructive Delivery: The process of transferring a deed from the grantor to the grantee by recording the deed at the country recorder's office.
federal fair housing act of 1968: Extended the federal fair housing act of 1866 by adding the prohibition of discrimination according to color, sex, religion, and natural or national origin. It specifically stated that no discrimination should take place relative to sale or rental of real estate, or real estate brokerage services.
Gift Deed: A transfer of ownership made for love and affection. Creditors of the donor could still use the property for payment of the grantor's debts if it can be shown that the donor was insolvent and transferred the property to evade creditors.
simple interest: the type of interest that is computed on the unpaid principal balance.
timeshare and camp resort act: The act that governs developers who offer property for use with mobile types of housing or where you will use the property for a limited amount of time periodically.
letter form report: An appraisal report that provides a short, written statement giving the bare essentials of the appraisal.
Intestate: The condition of a person who dies and leaves no will.
balloon mortgage: a loan with a balloon payment at the end of its term. It could be a partially amortized or a straight loan or note.
counter offer: A response to an offer wherein the offeree changes one or more of the terms of the contract, becomes the offeror, and sends the offer back to the original offeror.
Primary Money or mortgage market: Those who originate loans of any type, regardless of the priority of the loan, are in this financial market.
agency by estoppel: The principal seeks to deny an agency relationship, but the court stops him from denying the agency, and thereby confirms it.
functional obsolescence: The item in question is working fine, but is not what people want in their homes anymore. Examples are a poor floor plan, four bedrooms and one bath, inadequate insulation, insufficient electrical outlets, etc.
net operating income (NOI): the profit that remains after the operating expenses have been subtracted from the gross effective income.
Fixture: That which is attached without losing its identity. It is always real property.
Bundle of Rights: All rights and interests that can be legally held in real property. They are separated in possession, use and control, quiet enjoyment and disposition.
special assessment: A tax customarily imposed against only those parcels of property that will benefit from a proposed public improvement such as sidewalks, sewer, street lights, parks, etc.
survivorship: The surviving owner(s) automatically receives ownership of the deceased person's share. It takes precedence over a will.
highest and best use: The appraisal principle which states that value should be based on the utilization of the property which will bring the greatest return to the owner. That use must be legal and feasible.
gross lease: The tenant pays a set amount of rent. From this rent, the lessor is required to pay some or all operation expenses.
undisclosed principal: The "other party" thinks that the agent is the principal and sees no evidence of an agency relationship. It is usually illegal.
Covenant Against Encumbrances: This covenant in a deed assures the grantee that the title has no leans for encumbrances except those that have been revealed by the grantor.
fair market value: What a willing buyer is willing to pay, and a willing seller is willing to accept, with neither of them under duress and the property has been on the market for sufficient time to verity its value.
rule of disclosure: An agents responsibility to reveal all material facts to a principal, including mistakes and misrepresentations. Indeed it might be said concerning the fiduciary relationship, what the agent knows, the principal knows.
power of sale (bare, naked, legal title): The authority (conveyed from the trustor to the trustee at the time the trust deed and note are signed) to sell the property in the event of default.
Section: An area of land one mile square in the government or Rectangular Survey Method. It contains 640 acres.
participation loan: a loan where the lender becomes an investor or owner in the project for which the money is being loaned.
tier: The horizontal row of townships, counted north and south from the baseline in the Governmental or Rectangular Survey method.
gross rent multiplier (GRM): A "quick and dirty" estimate of value based only on a relationship between the value of the property and the gross rents. It is referred to as the GRM.
Adjusted cost basis: cost basis plus improvements, minus depreciation claimed during the years the property was owned.
incurable depreciation: Physical deterioration that cannot be repaired in a cost-effective manner.
Federal National Mortgage Association (FNMA): Federal national mortgage association, a major secondary money market player. It is privately owned, but federally regulated.
Delivery: The process of the grantor giving the deed to the grantee.
rule of obedience: an agent's responsibility to follow all instructions of the principal.
subordination clause: the clause in a loan that can alter the priority of a loan.
novation: The substitution of a new party or a new obligation in a contract. This process requires the agreement of all original parties in the contract, but once it has been agreed to, the original obligate Is released from liability.
reconciliation (see Correlation): An appraiser should use as many of the approaches to appraising as possible. This technique synthesizes the results into a single estimate of value. It is sometimes called correlation.
graduated lease: A lease where the rent will increase periodically in amounts specified in the lease, as contained in the escalation clause.
Devise (Devisor/Devisee): A gift of real property given in a will.
economic obsolescence: A form of depreciation caused by forces outside the property boundaries. They may be political or social factors. It is considered to be incurable.
Reconveyance of Deed: The document a lender uses to return all interest in the property after the debt has been satisfied under a trust deed and note. This is in accordance with the defeasance clause.
title: An abstract term denoting ownership; not a document.
easement: A non-possessory interest which on person has in land owned by another, allowing limited use or enjoyment of the owner's land. it may be referred to as a physical use or condition.
puffing: Sales talk, or exaggerated statement that reflect an obvious overstatement by the agent and are not considered misrepresentation or fraud.
square foot method: In this cost approach method, the appraiser multiplies the value per unit of area times the number of units of area.
cloud on the title: a term that refers to any kind of lien or encumbrance against the title.
conformity: an appraisal principle which states that because all homes in a particular area are harmonious in design and value, their value is sustained and tends to increase over time.
secondary money or mortgage market: Individuals or financial institutions who purchase existing loans.
director, real estate division: One of the entities in the real estate division. A full-time position responsible for submitting a budget for the division's operation.
Holder of a Life Estate: The receiver of a life estate who has the property for the duration of the grantee's own life.
Fully amortized loan: a loan that requires payments of both principal and interest. When the last payment is made, the loan is retired.
pledge: the borrower gives up possession of the property being used as collateral for the loan (the way a pawn shop works.)
reappraisal lease: A lease wherein the rent is determined by a periodic reevaluation of the property's value.
price: The amount of money being asked for a product or property, or the amount it sells for.
Adverse Possession: The process whereby a non-owner can gain ownership of property by occupying it in hostile, continuous, open, and notorious possession, and in Utah, paying the property taxes for the statutory period of time (7 years in Utah).
tenancy in common: A form of ownership where owners have full rights of possession, but each owner can have a different percent of ownership. Upon the death of one, that interest goes to the heirs.
Third Party Delivery: Delivery of the deed is accomplished by a disinterested party who has written, acknowledged instructions from the grantor. it is also called a deed in escrow.
communication: the process of notifying the offeror that the offer has been accepted.
open listing: A listing agreement that can be given to as many principal brokers, on the same property, as the seller desires. It is a nonexclusive listing.
forfeiture: In a default situation when the lender may repossess the property, this is the effect to the borrower.
Limited Partner: A partner who has no authority to make decisions or act for the partnership. He is financially liable only for the amount of his investment.
escrow: a depository where a neutral third party is used to hold money or documents.
building codes: Rules set by government to establish minimum standards of construction.
sales agent: A real estate licensee who does not have a broker's license and must work under the supervision of the employing principal broker.
Corporeal Rights: Something that is physical or tangible, such as land or buildings.
statute of frauds: The requirement that certain contract must be in writing in order to be enforceable in court.
change (cycle of change): This appraisal principle involves activity which goes from growth or integration to equilibrium to disintegration and perhaps to growth again.
Meridian: A north-south line which intersects a baseline and crates point from which land can be measured under the Government or rectangular survey method.
waste: when the owner of the property commits destructive acts on the propety or fails to keep up with maintaenace requiremtents
board of adjustment: The body to which one would appeal in order to obtain a variance to do something contrary to the current zoning law.
partially disclosed principal: The "other party" knows who the agent is, knows there is a principal, but is not told who the principal is.
?shared appreciation(equity) mortgage: The lender not only collects interest on the loan, but when the property is sold, the lender will receive a portion of the profits from the increase in the property's value since the time it was purchased.
Administrator: A person appointed by the court to carry out the terms of a will.
good consideration: consideration given in the form of love, friendship, loyalty, etc.
competition: An appraisal principle: when a particular use of property is bringing a high return, others enter into the same business or purchase property for the same purpose.
wraparound Mortgage or all inclusive trust deed (AITD): a loan that encompasses one or more existing loans.
general agent: An agent hired by contract to use the agent's expertise to fulfill the objectives of the principal.
Mile: 5,280 linear feet
reconciliation (see Correlation): An appraiser should use as many of the approaches to appraising as possible. This technique synthesizes the results into a single estimate of value. It is sometimes called correlation.
gross scheduled income (GSI): What an investor would receive if there were no vacancies or lost rents.
competition: An appraisal principle: when a particular use of property is bringing a high return, others enter into the same business or purchase property for the same purpose.
positive intentioal fraud: When a person deliberately and overtly deceives or misrepresents facts pertinent to a contract.
bilateral contract: A contract wherein a promise is exchanged for a promise, thus making the contract binding on both parties.
lien waiver: When the owner of the property pays the general contractor for the work done, this form should be given by the mechanic who did the work.
debit: an amount of money which will increase what the buyer brings to close, or will reduce what th seller gets at closing
boot: Personal property or money needed to make up a difference in value when exchanging real property.
Fee Simple, Fee Estate, Fee simple absolute: The highest or most complete form of ownership that can be held under the law. The ownership rights go on forever.
Quit Claim Deed: A deed that conveys all interest in a property which the grantor may or may not have, and gives no warranties as to the condition of title. Its primary use is to remove clouds from the title.
agency by ratification: the agency is created by implication, or actions, and the principal approves it by agreeing after the agency service has been performed to compensate the agent.
property management: This activity occurs when a licensee manages investment property for the owner.
Severalty: A form of ownership where in an individual owns the property in sole ownership.
Range: A vertical column of townships, counted east and west form the meridian in the Government or Rectangular Survey Method.
tenancy by the entirety: A form of ownership that can y be held by husband and wife, similar to joint tenancy, except that one party cannot sell or encumber the property without the approval of the spouse.
executed contract: a contract with all of th terms completed by all parties.
conformity: an appraisal principle which states that because all homes in a particular area are harmonious in design and value, their value is sustained and tends to increase over time.
wirt of execution: a court order directing an officer of the court to sell property of the defendant in order to satisfy a judgment.
cubic foot method: Under the cost replacement approach, this method determines the cost per unit of volume and then multiplies it by the number of units of volume. It is most often used with warehouses.
contingency clause: Sometimes know as a "subject to" clause, it requires completion of certain acts before the contract is fully binding.
functional obsolescence: The item in question is working fine, but is not what people want in their homes anymore. Examples are a poor floor plan, four bedrooms and one bath, inadequate insulation, insufficient electrical outlets, etc.
estate or tenancy for years: a lease which contains a termination date. Its term can be for any agreed-upon period of time. (it can be more or less than one year.)
correlation (reconciliation): An appraiser should use as many of the approaches to appraising as possible. This technique synthesizes the results into a single estimate of value. It is sometimes called correlation.
usury: interest rates above the legal rate, or statutory limit
statutory period of redemption: the period of time, following a foreclosure sale, wherein the mortgagor has the right of paying off all debts against the property, thus regaining ownership.
assignment of contract: One party in a contract substitutes another party in his place. The original party retains secondary liability for the performance of the contract. It does not require the agreement of the other original party in the contract
procuring cause doctrine: a doctrine governing who gets the selling portion of the commission. It says the agent who set up an uninterrupted chain of events that led to the closing earned the commission.
vertical lease: A lease for either air rights or subterranean rights (such as oil.)
easement appurtenant: An easement which attaches to the land and/or the deed, and passes from owner to owner with the deed.
cost recovery (depreciation): An income tax deduction allowed on investment property to treat the improvements as thought they will waste away in a certain number of years. It cannot be applied to raw land or personal residence. Also known as depreciation.
encumbrance: Anything which burdens the title to real property so as to restrict, limit, or otherwise affect an owner's rights.
intermediate theory: A combination of title theory and lien theory that allows the lender to sell the property in case of default, but does not allow it to keep any equity.
satisfaction of mortgage: The document used by the lender to reconvey all of his interest in a property, as required by the defeasance clause under a mortgage.
Title: An abstract term denoting ownership; not a document.
Codicil: An addition or change to an existing will.
mortgagee: the lender who receives a mortgage as security for a loan or debt.
commingling: A broker puts personal funds in excess of $500 into the real estate trust account.
letter form report: An appraisal report that provides a short, written statement giving the bare essentials of the appraisal.
federal fair housing amendment of 1988: Added two new protected classes to fair housing: handicapped and familial status.
negative or passive intentioal fraud: When a person covertly hides facts, thus leading the other contracting party to believe certain things which are not true.
Personal Representative: a term used in Utah for the Administrator or Executor of a will.
non-investment property: A property that has no cash flow; for example, you home or a vacant lot.
Allodial: A socio-economic system that allows for private ownership off real property.
Covenant of further assurance: In the event someone makes a claim against the property, the grantor has the full responsibility to defend the title against the claimant. This includes producing the proper documents to substantiate the ownership of the grantee, and going to court if necessary.
walk-through inspection: An optional visit by the buyer to check and approve the condition of the property and any repairs that have been made.
refinance: Obtaining a new loan, often at a lower interest rate, out of which the old loan is paid off.
voluntary dedication: When a private individual gives land as a gift for public use, such as land for a park, church, hospital, etc.
alienation clause: a clause which allows the lender to call the loan due and payable immediately if the property is sold or the loan is assumed.
gross rent multiplier (GRM): A "quick and dirty" estimate of value based only on a relationship between the value of the property and the gross rents. It is referred to as the GRM.
economic life: The period of time during which improvements give a return on investment. It is generally considered to be shorter the physical life.
General partnership: A partnership composed only of general partners.
escalation clause: A clause written into a loan or lease that allows for payments to be increased at specified times by stated amounts.
property tax: The tax levied by government against real estate. These taxes are due in Utah on November 30 and cover the full calendar year. They are also referred to as real property tax.
Government natioal morgage association (GNMA) (GINNIE MAE): Government national mortgage association. A secondary money market player which is government owned and purchases loan pools of FHA and VA loans
hazard or home owner's insurance: An insurance policy which indemnifies real property against loss resulting from physical damage to the property such as fire, vandalism, etc.
certificate of sale: The document given to the individual who successfully bids and purchases a property at a sheriff's sale. It does not convey title to the property.
beneficiary: the lender under a trust deed & note.
real estate trust account: A special bank account where money is deposited when it is being held for other people involved in a real estate transaction.
open end mortgage: a loan which can be increased up to an agreed upon maximum, similar to the way a credit card works. It is often used for construction loans and home equity loans.
straight note: A loan that requires payments of interest only , sometimes called a term loan. Usually the entire principal is paid off in one balloon payment at the end of the loan.
sale/leaseback: An owner sells a property, then leases it back from the new owner. This could be a long or short term lease.
Non-homogeneous: A term that means no two parcels of land are exactly alike.
cost or cost basis: what you paid for the product or property when you bought it.
Mineral Rights: Subsurface right of an owner of real property which extend downward to the center of the earth. These rights are real property.
physical life: The time span during which an improvement is still standing through it no longer has economic life.
conformity: an appraisal principle which states that because all homes in a particular area are harmonious in design and value, their value is sustained and tends to increase over time.
property management turst account: Must be opened when a real estate brokerage is handling more than six property management accounts.
fair market value: What a willing buyer is willing to pay, and a willing seller is willing to accept, with neither of them under duress and the property has been on the market for sufficient time to verity its value.
title theory: A legal doctrine or theory of mortgage law used in a few states that allows the lender to take property as collateral for the debt by holding ownership of the property until the debt is paid.
deed in Lieu of foreclosure: the defaulting borrower conveys title to the property to the lender. In return, the lender forgives the loan on the property.
land contract: a document wherein the lender (usually the seller) retains title to the property until the debt is paid. It is know in Utah as a uniform real estate contract.
short form (checklist) report: An appraisal report that uses a standardized form wherein the appraiser checks boxes and fills in blanks. It is often required by a lending institutions.
Serverance: A process by which real property becomes personal property.
property management: This activity occurs when a licensee manages investment property for the owner.
Nuncupative will: Oral will, written down by someone and witnessed by two non-beneficiaries. It can only convey personal property.
equitable title: The legal interest held in a property by the buyer between the time the contract is signed and conveying the actual deed.
consideration: The process wherein each party to a contract makes a sacrifice and each party receives a benefit. It is an essential element of any contract.
depreciation: A loss of value in real property, regardless of the reason for the loss. Also an accounting process used for investment property taxation, referred to by the IRS as cost recovery.
buffer zone: An area established by the zoning and planning commission to separate commercial and industrial areas from residential. Its purpose may be safety or economics.
contribution: The appraisal principle which states that an improvement to a property must add its cost to the value.
alta or lender's policy: The lender's title insurance policy which offers coverage in the amount to the loan which includes a site visit to discover unrecorded encumbrances.
legal purpose: the essential element of a contract that protects the public
safety clause: a clause in a listing contract that protects the listing broker form the seller's attempt to sell the property after the expiration of the listing to avoid paying a commission.
assemblage: combining two or more parcels of land into one.
Joint Venture: A "temporary" partnership between individuals and/or companies to accomplish a particular project or business activity.
cost or cost basis: what you paid for the product or property when you bought it.
proprietary lease: Sometimes called an "owner's" lease. It is held by a person who owns shares in a stock cooperative. They own personal property which entitles them to this type of lease.
correlation (reconciliation): An appraiser should use as many of the approaches to appraising as possible. This technique synthesizes the results into a single estimate of value. It is sometimes called correlation.
Acknowledge: The legal process of having the signature on a contract or other legal document verified by a notary public.
closing: When any loan funds are received from the lender and the applicable documents are recorded. This comes after the settlement.
HUD 1 settlement statement: The required form to be used when closing a real estate transaction.
Complaint, filing a: filing this document with thte court initiates foreclosure under a mortgage.
real estate recovery fund act: The purpose of this act is to protect the public from dishonest licensees.
rate of return: Same as capitalization rate or cap rate.
operating budget: A projection of the financial operation of an investment property.
appraisal: A professional process for estimating the value of real property.
market data (comparison) approach: an appraisal approach that contrasts the subject property with other properties that have recently sold. Adjustments are made to account for variations between the subject property and the others.
Actual eviction: The legal process by which a lessor evicts the lessee and regains possession of the property.
physical life: The time span during which an improvement is still standing through it no longer has economic life.
Trade Fixture: That which is considered legally attached to a business. It is always personal property.
special purpose property: Property that doesn't fit one of the standard zoning classifications (residential, commercial, agricultural, etc.) is put in this general category.
mediate: a non-binding process of meeting with a disinterest third party to try to resolve a dispute between the two principals in the transaction or contract.
equity: the market value of a property minus the debts secured by the property.
net listing: An illegal listing wherein the seller identifies an acceptable amount for the property and everything above that figure will be commission to the agent.
water rights: The ability under the law to have the use of water. They are considered to be real property.
Holographic will: A handwritten will, which must be dated, written entirely in the handwriting of the testator, and does not need witnesses in order to be valid. It can pass both real and personal property.
lis pendens: It gives constructive notice that an action affecting a particular parcel of property has been filed in court. The property can be sold, leased or otherwise disposed of, but all transactions are subject to the outcome of the court action.
non-investment property: A property that has no cash flow; for example, you home or a vacant lot.
injunction: Legal action taken to enforce the restrictive covenants in the uniform declaration of restrictions or to prevent a neighbor from encroaching.
undue influence: Taking advantage of another person because you hold a unique position of trust, such as a doctor/patient, attorney/client, and real estate agent/client relationship.
cooperative: A form of ownership in multiple unit housing where the owner purchases shares of stock in the entire development, then obtains exclusive use of a unit by means of a proprietary lease.
estovers: The right of a tenant to use natural resources on leased land, such as timber, water, etc. When required as necessities.
deductions: Items which the IRS allows to be subtracted from your gross taxable income in order to determine your taxable income.
holdover tenant: The lessee had an estate for years which has new terminated. The lessor accepted a rent check so now the tenant is on periodic tenancy basis.
hypothecation: Using property as collateral or security for a debt without giving up possession of the property.
Negative or reverse amortization: A loan that requires payments of no principal and only part of the interest. The unpaid interest is added to the principal. This technique is used on some graduated payment mortgages.
narrative report: The longest form of appraisal report which uses a variety of supporting documentation.
estoppel certificate: A document provided by a lender which reveals all the terms of a loan as requested by the borrower or ordered by the court.
gross scheduled income (GSI): What an investor would receive if there were no vacancies or lost rents.
constructive eviction: When the landlord violates the terms of the lease by not keeping the property livable or habitable, the tenant can legally vacate the property and not be held liable for further rent payments.
Natural Person: An individual. The opposite of a legal person.
executory contract: a contract that is not fully performed, but which is not in default.
economic obsolescence: A form of depreciation caused by forces outside the property boundaries. They may be political or social factors. It is considered to be incurable.
utah uniform land sales practices act: the body of law that governs subdivisions which fall under the regulation of the State of Utah.
Personalty: A synonym for personal property. The opposite of "realty."
mutual agreement: The essential element of a contract achieved through the offer and acceptance process.
proration: the process of computing the buyer's and seller's portion of an obligation owed by both, such as property tax.
caveat emptor: the philosophy that says "Let the buyer beware"
seller disclosures: The property's title and physical condition information required by the REPC to be given to the buyer by the seller.
physical deterioration: a type of depreciation that occurs when something wears out and will no longer perform the function or give the service that was originally intended.
net operating income (NOI): the profit that remains after the operating expenses have been subtracted from the gross effective income.
utah exemption act (homestead): the law that provides protection for a portion of equity when a homeowner experiences foreclosure or bankruptcy.
branch office: Any remote operation of the main real estate office which will be in operation more than 12 months and must be registered with the real estate division.
perecentage lease: A lease used in commercial leasing. The tenant pays a percent of the net or gross income derived from the use of the property, or the tenant may be paying a flat rate plus a stated percent of the gross or net income.
exclusive agency listing: One broker is named as the exclusive agent of the seller, but the seller reserves the right to locate a buyer without paying a commission.
commission: One entity of the division of real estate composed of five people, one of whom is a chairman.
deferred maintenance: When physical deterioration is repairable, but hasn't yet been taken care of.
Grantee: One who receives property or property rights from a grantor.
plottage: Combining two or more parcels of land with a resulting increase in total value.
board of equalization: The body of appeal if you think your property tax appraisal is too high.
capitalization rate or cap rate: The ratio created when the net operating income is divided by the value of the property. It is also called the rate of return.
price: The amount of money being asked for a product or property, or the amount it sells for.
depreciation: A loss of value in real property, regardless of the reason for the loss. Also an accounting process used for investment property taxation, referred to by the IRS as cost recovery.
appraisal: A professional process for estimating the value of real property.
correlation (reconciliation): An appraiser should use as many of the approaches to appraising as possible. This technique synthesizes the results into a single estimate of value. It is sometimes called correlation.
Freehold Estate: An interest in property in which some form of ownership is held.
physical life: The time span during which an improvement is still standing through it no longer has economic life.
competition: An appraisal principle: when a particular use of property is bringing a high return, others enter into the same business or purchase property for the same purpose.
cubic foot method: Under the cost replacement approach, this method determines the cost per unit of volume and then multiplies it by the number of units of volume. It is most often used with warehouses.
blockbusting: The illegal practice of inducing panic selling in a neighborhood by starting rumors involving minorities moving in.
Limited Partnership: A partnership with at least one general partner and on limited partner. Beyond that, there can be as many general or limited partners as desired.
Patent or Public Grant Deed: The instrument issued when the property is first conveyed from public or government ownership to a private individual.
Point of Beginning: In the metes and Bounds method, this is the corner at which the boundary description starts.
writ of restitution: in an unlawful detainer action, the judge's order for the sheriff to evict a tenant and restore the premises to the lessor.
Partition Suit: A court process where property owned concurrently can be divided into distinct portions so each co-owner may hold his or her portion in severalty. The court may order the property sold.
Incorporeal Rights: Intangible or non-possessory rights in the real property, such as easements, licenses, mining claims, etc.
encroachment: the unauthorized intrusion of a building, tree, or other improvements onto a neighbor's property.
buydown: a financing technique in which a borrower is able to obtain a lower interest rate by paying discount points at the time the loan is originated. (1point=1% of the loan amount.)
amortized loan: a loan which has regular monthly payments of both principle and interest.
compound interest: Interest paid on earned interest as well as on the principal. It is used in savings accounts.
Annual percentage rate (APR): The interest rate plus any other charges for the loan, including such things as discount points and origination fee; computed as a yearly percentage rate. It is used for comparing loans.
gross operating income (GOI): the total income received from an investment property after subtracting vacancies and lost rents.
condominium ownership act: The act which governs ownership and related issues when one owns airspace and undivided interest in the common area.
impound(also escrow or reserve acct.): A trust account established to set aside funds for future needs relating to a parcel of real property. Those needs typically include such things as property tax and hazard insurance.
time is of the essence: The clause in a contract that means all dates are firm and nonperformance by the date specified may create a voidable contract.
reciprocity: When states agree to recognize each others; education requirements for real estate licensing.
contribution: The appraisal principle which states that an improvement to a property must add its cost to the value.
investment property: Property which is generating a cash flow, such as a strip mall or a single or multi-family rental property.
tacking: In adverse possession, this process allows consecutive periods of adverse possession by multiple adverse possessors to be added together to make up the required number of years.
writ of execution: a court order directing an officer of the court to sell property of the defendant in order to satisfy a judgment.
eminent domain: The right of the government to take title, at fair market value, to land owned by a private individual.
legal non-conforming use: The right of an individual to continue a use of land contrary to current zoning regulations because the use existed prior to the establishment of the current zoning category.
enforceability: the issue of whether a contract dispute could be taken into the court to be settled.
capitalization rate or cap rate: The ratio created when the net operating income is divided by the value of the property. It is also called the rate of return.
service property: Property such as government buildings or churches which are used for public purposes and are non-profit.
deferred maintenance: When physical deterioration is repairable, but hasn't yet been taken care of.
Bequest or Legacy: A gift of personal property given in a will.
uniform comercial code (UCC): The body of law that regulates the transfer, or sale, of person al property, such as when one is selling a business (UCC).
tenancy at sufferance or estate at sufferance: The lease has expired and the lessee is now possessing the property illegally, having been given proper notice to vacate. It is similar to trespassing except that the lessee, at one time, held a legal ease.
principal broker: The broker who manages the offices and is responsible for supervising the activities of the licensed and unlicensed staff.
water shares: A right to use water on real property, granted to the owner by a canal company with water certificates. They are considered personal property.
Baseline: An east-west line which intersects the meridian and creates a point from which land can be measured under the Government or rectangular survey method.
habitability clause: If not actually written in the lease, there is an unwritten or implied warrant of this in every lease, that says the property is livable.
principle of substitution: The appraisal principle which states that no prudent buyer will pay more than he has to get what he wants. This is the basic principle of the market data or comparison approach to appraisal
interest rate: Money paid during the term of a loan that is profit to the lender. It represents the return, or yield, on the lender's investment.
discount rate: The rate charged by the Federal Reserve to member banks for money they borrow. It, along with reserve requirements, is one of the ways the Federal Reserve controls the economy.
amenity: A "nice, but not necessary" feature which provides personal pleasure to the owner of real property. It can be tangible or intangible.
effective age: An age placed on property for appraisal purposes, based on the condition of the property. It may be more or less that the actual chronological age.
narrative report: The longest form of appraisal report which uses a variety of supporting documentation.
promisssory note: the document given as evidence of the loan. It contains all information relative to the money: payment, term, interest rate, etc.
FHA loan: A government loan with a low down payment, insured by the borrower's payment of the mortgage insurance premium (MIP)
mortgage: A document used to secure al one. It is a judicial agreement, meaning if non-payment takes place, the holder of the promissory note can take it to court and the court will order the sheriff to foreclose.
Executor or Executrix: The title of a person named in a will to carry out the terms of the will after the death of the testator.
anticipation: The appraisal principle that weights the value of the future benefits a product or property will bring.
debt service: loan payments of principle and interest.
contract: An agreement between two or more parties to do or not to do certain things. It may be oral or in writing.
corporation: A legal person. It cannot die or go to jail.
notice to quit: The first step a lessor mush take against a tenant before filing an unlawful detainer with the courts.
associate broker: a person with a broker's license who works under the supervision of an employing principal broker.
narrative report: The longest form of appraisal report which uses a variety of supporting documentation.
reverse annuity mortgage: When the mortgagee makes regular monthly payments to the mortgagor. The payments create the loan. It is used for elderly people whose homes are paid off or nearly so. The debt is not repaid until they either sell the house or die.
valuable consideration: Consideration in the form of money, services, promises, or real or personal property.
junior liens: any loans or encumbrances which come after the one which was recorded first aginst the property.
quantity survey method: the appraiser determines the cost of the materials; labor; management fees, and profit. These are used to determine the value of improvements when using the cost approach in appraisal.
fixed cost: a contract where the price is established up front and there is no allowance for overruns.
economic obsolescence: A form of depreciation caused by forces outside the property boundaries. They may be political or social factors. It is considered to be incurable.
Remainderman: The person who will receive the life estate when the current holder of the life estate dies. There can be more than one of these.
covenant of Warranty forever: If the grantor were to lose in defense of the title, this covenant guarantees payment for the defense of the title and for damages caused the grantee, including buying the property back from the grantee if necessary.
sheriff's deed: the document given to the person who bid and bought property at a sheriff's sale. This document is not given until the statutory six-month period of redemption has passed.
addendum: additions or changes incorporated into the REPC by reference.
periodic tenancy (month-to-month): a lease which automatically renews itself. The period for legal notice is established by statue in each state, or can be agreed upon as one of the terms of the lease (15 days in Utah.)
less then freehold: An estate or legal interest in real property that is not an ownership interest.
agent: The person hired by a principal to act for and in behalf of, or to represent the principal, always acting in the principal's best interest.
right of first refusal: a right given to a prospective purchaser to be able to meet the price and terms at which the owner is willing to sell the property to another party. Unlike an option, the seller is under no obligation to withdraw his property from the market.
capital gain: The taxable profit derived from the sale of a capital asset, such as real property.
parol evidence rule: Prevents the admission into court of oral agreements reached prior or subsequent to the written contract and which contradict the terms in the written contract.
inverse condemnation: The legal process by which a private individual sues to have the property taken by eminent domain.
designated agency: The principal (buyer or seller) who is hiring an agent specifies exactly which person(s) will act as agent or subagent and exercise fiduciary care in representing the principal's best interest.
specific performance: A legal remedy requiring a party to perform as agreed in the contract.
document receipt: A confirmation by the buyer and seller that they received a copy with all signatures.
abrogation: To nullify or replace. Signing of the closing documents nullifies the real estate purchase contract except for warranties which extend beyond the closing date.
easement by implication: an unexpressed, but legally binding understanding regarding a right of way between the parties, created by their actions.
Growing Equity Mortgage: A loan where payments increase each year, thereby allowing the loan to be paid off many years sooner and a substantial amount of interest dollars to be saved.
change (cycle of change): This appraisal principle involves activity which goes from growth or integration to equilibrium to disintegration and perhaps to growth again.
alienation of title: a change of ownership. May be voluntary (sold the property) or involuntary (foreclosure sale.)
Acre: 43,560 square feet
quantity survey method: the appraiser determines the cost of the materials; labor; management fees, and profit. These are used to determine the value of improvements when using the cost approach in appraisal.
Life Estate Pur Autre Vie: A life estate based on the life of a person other than the holder of the life estate.
plottage: Combining two or more parcels of land with a resulting increase in total value.
party wall: A common wall between two properties, usually involving a zero lot line.
tax credit: Items which the IRS allows you to subtract from the dollar amount of taxes due. There are very few of these allowed.
ostensible agency: Agency which is created through the actions of the parties , rather than through an express agreement. Also called implied agency.
Release clause / partial release clause: When a blanket loan has been given, this clause will allow part of the property to be removed as security for the loan when certain requirements have been met, sometimes called a partial release clause.
gross operating income (GOI): the total income received from an investment property after subtracting vacancies and lost rents.
chain of title or abstract of title: A historical record of land ownership and liens or encumbrances against the property.
net lease: Tenants pay the landlord rent; and , in addition, also pay their portion of the operating expenses (such as utilities.)
Origination fee: a fee (profit) charged by the lender to initiate a loan.
trust deed (or deed of trust): The document that provides for a non-judicial foreclosure process. It is used to secure a promissory note, by which a borrower hypothecates property as collateral for a debt or loan.
blanket mortgage: A loan that uses two or more parcels of real property as security.
specific or special agent: an agent hired by contract to carry out specifically stated activities
all-inclusive trust deed (AITD): A state-approved document used for security, usually in seller financing, where the financing is structured as a wraparound.
truth in lending (regulation z, federal consumer credit protection act): An act created in congress to protect consumers from being received about the costs of borrowing money. It requires full disclosure of the cost of borrowing money and regulates advertising of credit.
mechanic's lein: A lien placed by a person who has integrated labor or materials into a property and has not been paid.
sheriff's sale: the name of the event wherein a property is sold in foreclosure under a mortgage.
blind ad: An advertisement which fails to indicate that the advertiser is a real estate brokerage or that sales agents or brokers are selling their own property.
stock cooperative: Person buys a stock interest in a building. This entitles them to a lease in one of the units, called a proprietary or owner's lease. Note, stock is personal property.
express agency: Agency created through words, written or oral, between the principal and the agent, such as a listing agreement.
gross operating income (GOI): the total income received from an investment property after subtracting vacancies and lost rents.
steering: The act of directing buyers to or away from certain geographical areas from the purpose of discriminating.
Lot, Block, and Plat: A method of land descriptoin used for subdivisions, identifying the location of a particular parcel in the subdivision or tract.
Situs: Personal preference for one location over another which affects the value of the property.
ground lease: the landlord leases the land to the tenant, and the tenant builds improvements on the leased land.
attorney's opinion: a lawyer's examination and evaluation of the history of title. It includes a brief summary of all recorded instruments which affect the title, including records of taxes, special assessments, judgments, mortgages and trust deeds.
par(interest rate): the interest rate charged on a loan when there are no discount points involved
index lease: Rent payments are periodically adjusted based on an economic indicator, such as the consumer price index.
"as is" clause: The clause in the real estate purchase contract that stimulates the buyer is buying the property in its current condition and with the faults that have been disclosed.
Community Property: A form of ownership between husband and wife where each has an equal interest in property obtained during their marriage. The only way either can hold separate property is to obtain it before marriage, after the marriage is ended or during the marriage by gift or inheritance.
physical deterioration: a type of depreciation that occurs when something wears out and will no longer perform the function or give the service that was originally intended.
extended coverage title insurance: Covers claims both on and off the record. It includes a site visit to give protection against unrecorded liens and encumbrances, such as mechanic's liens, as well as defects in the land itself, such as unrecorded easements, encroachments, and information based on incorrect surveys,. It can be obtained by private individuals.
unit-in-place method: An appraisal method for determining the cost of improvements which takes a general approach. It is sometimes referred to as a sub-contractor approach and considers the cost of components, such as the concrete work, the framing, etc. or such times as extra light fixtures, kitchen or bathroom fixtures, etc.
lien: an encumbrance for money against real property.
income (capitalization) approach: An appraisal approach based on the cash flow the property produces. It addresses the question, "how much will a potential investor pay for the cash flow?"
Federal Reserve Bank: The bankers' bank; it regulates the money supply by establishing discount rates (cost of money to lending institutions) and setting a reserve requirement (how much cash lenders must keep on hand).
constructive fraud: A party misrepresents innocently, with no evil intention, but that misrepresentation could have been avoided with reasonable care.
agency by statute: the law has given rise to the agency, such as a sheriff appointed by the court to be the agent of the owner in a foreclosure sale.
Covenant of Quiet Enjoyment: in a deed, the guaranteed right of an owner or lessee legally in possession of property to uninterrupted use without interference from any third party claiming superior title.
cost approach: an approach to appraisal which considers the price of resources necessary to build the same or a similar property. It is the only approach which places a separate value on the land.
gross rent multiplier (GRM): A "quick and dirty" estimate of value based only on a relationship between the value of the property and the gross rents. It is referred to as the GRM.
Accession: The process of adding to real property.
Monument: A fixed surveyor's marker for a metes and bounds description. It can be natural or manmade and marks the corners of the property.
trustee: Since the courts are not being used in the case of a trust deed and note, this person acts as an escrow agent to insure that the terms of the loan are carried out, and to initiate foreclosure if they are not.
plottage: Combining two or more parcels of land with a resulting increase in total value.
spot zoning: The process involved when the zoning and planning commission changes the zoning of a single lot to be different from others surrounding it.
functional obsolescence: The item in question is working fine, but is not what people want in their homes anymore. Examples are a poor floor plan, four bedrooms and one bath, inadequate insulation, insufficient electrical outlets, etc.
loan to value ratio (LTVR): The amount of debt secured by the property compared to the worth of the property, expressed as a percentage.
rate of return: Same as capitalization rate or cap rate.
anticipation: The appraisal principle that weights the value of the future benefits a product or property will bring.
cubic foot method: Under the cost replacement approach, this method determines the cost per unit of volume and then multiplies it by the number of units of volume. It is most often used with warehouses.
uniform residential landlord and tenant act unilateral contract: Federal legislation aimed at creating proper legal relationships between landlords or owners and tenants.
vendor: one who sells or offers to sell
title inurance: Since an attorney's opinion does not offer the buyer financial protection if the title proves unsound, this can be purchased, giving varying degrees of financial protection relative to the condition of title of real property.
discount points: Money paid when a loan is initially obtained which is considered prepaid interest and permanently lowers the interest rate. Also know as a buy down.
appraisal: A professional process for estimating the value of real property.
merger: The joining of two contiguous properties so as to extinguish a lesser right. For instance, this process can terminate an easement on land locked property.
incurable depreciation: Physical deterioration that cannot be repaired in a cost-effective manner.
foreclosure: The legal process a lender uses to recover the investment from a defaulting borrower where the loan was secured by the property.
tender: Another term of the process of making or presenting an offer.
service property: Property such as government buildings or churches which are used for public purposes and are non-profit.
Lateral Support: The duty to give support to a neighbor's property, such as building a retaining wall.
Color of title: To all outward public appearance, or form a document that seems to be valid, the possessor of the property would seem to have ownership.
damages: a money adjustment ordered by the court for actual losses suffered.
assignment of lease: A contract that substitutes a new tenant in the lease. The assignee becomes liable for the remaining term of the lease. Unless prohibited by the lease contract, this can be done without the approval of the lessor, but the original lessee retains secondary liability.
equitable period of redemption: In foreclosure, the period of time during which the borrower can reinstate the loan before the foreclosure sales takes place. It is sometimes referred to as equity of redemption.
state engineer: In Utah, the entity to which one applies for water rights. It encompasses the division of water rights.
dual agent (limited agent): When the agent is representing both principals in a transaction with their informed consent. 9also know as a limited agent.)
universal agent: an agent hired to do all things for and in behalf of the principal.
voidable contract: a contract wherein one of the parties can challenge one or more of the essential elements of the contract and therefore has the right to affirm or disaffirm the contract.
Quiet Enjoyment: One of the rights in the "bundle of rights." The right of an owner or lessee to uninterrupted legal use of the property without interference or disturbance3 caused by defective title.
valid contract: a contract that contains all the essential elements of a contract and therefore is binding on all parties.
easement in gross: an easement which is personal in nature and does not pass with the deed or the land. it runs with the persons who agreed to it for the term of their lives, or with the need for which it was created, such as a utility easement.
implied agency (ostensible agency): Agency which is created through the actions of the parties , rather than through an express agreement. Also called implied agency.
value: The power of a product, service, or property to command other goods or money in exchange. It is the present worth of future benefits arising out of ownership.
dominant tenement: The name given to a property that encumbers a neighboring property with an easement.
double commissions: The seller pays a commission to the listing agent, as per their contract, and also a commission to the selling agent.
Improvements: A term that refers to any additions to the land made by man. It includes building, roads and utilities and landscaping.
to and throught doctrine: An approach which says the agent who first showed the property to the buyer earns the selling portion of the commission.
gross scheduled income (GSI): What an investor would receive if there were no vacancies or lost rents.
collateral or Security: a term that refers to security used for a loan. it may be real or personal property.
cost approach: an approach to appraisal which considers the price of resources necessary to build the same or a similar property. It is the only approach which places a separate value on the land.
sublease: A lease given by the original lessee. The lessee remains fully liable to the lessor. The lessee pays rent to the lessor or landlord, and collects rent form the Sublettee.
competency or capacity: the ability to understand the terms of a contract and to make a ratioal decision as to whether or not to enter into it.
cost basis: what you paid for the product or property when you bought it.
easement by prescription: An easement created by adverse use. The use must be adverse, hostile, open, notorious and continuous. This type of easement can be prevented by giving permission to the user, or by ordering the use to discontinue the use before the statutory period passes. (it requires 20 years in Utah.)
Formal Will: Most valid form of a will, usually prepared by an attorney. It is the least likely form of a will to be challenged.
Deed: The document that serves as evidence of ownership of real property, as well as the document of conveyance.
void contract: A contract that lacks one or more of the essential elements of a contract and therefore is not binding on any of the parties.
attachment: The legal process when real or personal property is seized by the court and held as security for satisfaction of a judgment.
fully disclosed principal: the "other party" knows there is a principal, knows who it is, and that there is an agent.
unlawful detainer: The legal action a landlord brings against the tenant to evict when there is legal cause.
Recording: A form of delivery of a deed, also known as constructive delivery or notice.
trustee's deed: The document that is given to the individual who successfully bids at a foreclosure sale and purchases the foreclosed property. It conveys fee simple title immediately after the sale.
Fee Simple Defeasible Estate, Defeasible Fee Estate: A fee simple estate which has conditions attached, the violation of which could cause the grantee to lose title. If written in the deed with the words "so long as," it automatically reverts back to the grantor or his heirs if the conditions are violated. It may also be referred to as "Fee Simple Qualified."
settlement: The date specified in the purchase contract when buyer and seller deliver any monies required, as cleared funds, to the settlement agent and sign the documents applicable to the transaction.
Personal Property: The opposite or real property, it is moveable and destructible. Synonyms are chattel and personalty.
Appurtenant: Attached to the land (such as a house) or the deed (such as a recorded easement).
standard coverage title insurance: Title insurance which protects against losses arising from both recorded title claims, omissions and errors in public records, and from inadequate tile search procedures. It does not protect form undisclosed and unrecorded claims against the title such as unrecorded mechanic's liens.
change (cycle of change): This appraisal principle involves activity which goes from growth or integration to equilibrium to disintegration and perhaps to growth again.
environmental protection agency (EPA): the government entity which deals with the impact of commercial, industrial and residential development on the environment.
income (capitalization) approach: An appraisal approach based on the cash flow the property produces. It addresses the question, "how much will a potential investor pay for the cash flow?"
Rectangular Survey: A method of land description that uses base and meridian lines, townships and sections. It is also referred to as the government Survey Method.
Chattel: A synonym for personal property. It comes for the word "cattle."
Purchase Money Mortgage: the seller is the lender and may be lending all or only part of the purchase price.
lien theory: a legal doctrine or theory of mortgage law, used in most states, which gives lenders an interest in the property and allows them to force the owner to sell the property to pay the debt in the event of default.
abandonment: When a tenant leaves a property before the expiration of the lease agreement.
capitalization rate or cap rate: The ratio created when the net operating income is divided by the value of the property. It is also called the rate of return.
escheat: This occurs when someone dies without a will, having no heirs.
prior appropriation: the legal doctrine used in Utah for distribution of water based on the "first come, first served" idea.
senior lien: Refers to first mortgages or trust deeds or the debt first recorded against the real property.
economic life: The period of time during which improvements give a return on investment. It is generally considered to be shorter the physical life.
zoning: A right of state governments to regulate the height, bulk and use of private property in order to protect the health, morals, welfare, and safety of the public; usually delegated to the local level.
highest and best use: The appraisal principle which states that value should be based on the utilization of the property which will bring the greatest return to the owner. That use must be legal and feasible.
ad valorem tax: A tax levied according to the value of the property
variance: the right of an individual to do something that violates current zoning regulations because the zoning and planning commission or board of adjustment granted that right.
appreciation: a percentage of increase in the value of the property over it's value when it was originally purchased.
Testator: the title of a person who makes a will
Bargain and Sale Deed: This deed makes no guarantees as to the condition of the title, but unlike the Quit claims Deed, the grantor implies some actual interest in the property.
fiduciary: The word which describes the responsibility of an agent toward the principal, involving trust, loyalty, confidence, care and diligence.
marketable record title act: The law that allows the simplification and stabilization of title searches by allowing old liens and encumbrances to be removed after 40 years.
license interest: A limited, revocable interest in property. It grants a privilege, not a right, and ss often an oral agreement granting a short term use of real property. Examples would include an owner allowing someone to hunt, boat, or fish on his property; or attendance at movie theaters and sporting events.
General Partner: A partner who has full authority to make decisions, acts for the partnership, and has full liability of the business dealings of the partnership.
certificate of eligibility: Endorsement from the veterans administration indicating the right of a veteran to obtain a VA loan and the amount of his eligibility.
defeasance clause: A clause in most loans written in favor of the borrower. It requires the lender to reconvey all interest in the property after the loan has been paid off.
net operating income (NOI): the profit that remains after the operating expenses have been subtracted from the gross effective income.
escalation cause: A clause written into a loan or lease that allows for payments to be increased at specified times by state amounts.
letter form report: An appraisal report that provides a short, written statement giving the bare essentials of the appraisal.
anticipation: The appraisal principle that weights the value of the future benefits a product or property will bring.
double contracts: the buyer and seller enter into a second sales contract in order to deceive the lender and enable the buyer to finance the purchase.
amenity: A "nice, but not necessary" feature which provides personal pleasure to the owner of real property. It can be tangible or intangible.
lease: A contract for a less-than-freehold estate or right in real property. Rent is paid for the right of possession in someone else's property.
VA loan: A government loan that is guaranteed and does not require a down payment.
unilateral contract: A contract wherein a promise is exchanged for a performance. Only one of the parties is initially bound, as when a reward is offered, for example, finding a lost animal.
power of attorney: What an attorney-in-fact holds which authorizes actions in behalf of another person, including signature authority.
non-investment property: A property that has no cash flow; for example, you home or a vacant lot.
rooftop lease: This lease is used when the tenant only wants to rent the top of the building.
Prime Rate: The interest rate that is charged a lender's most favored clients and is established by the major banks or lenders of America.
Dedication: A private individual's girt of property for public use. It may be voluntary (giving land for a public park) or statutory (subdivide giving land for roads).
optionor: one who gives an option; the potential seller
urban renewal: the procedure of condemning private property as a blighted area and having it torn down and rebuilt.
Emblements: Crops nurtured in the year of the transfer or sale of the property. They are considered personal property.
non-disturbance clause: a clause in a mortgage which protects the rights of the lessee if the property should be foreclosed by the lender upon the owner's default.
seasoned loan: A loan with a payment history. This feature of a loan is preferred by the secondary money market.
non-resident license: a real estate license from another state acquires this kind of a license to enable him to practice real estate in Utah.
Quiet Title Action: A court action to determine the actual ownership of real property. This type of proceeding would be conducted to transfer title to an adverse possessor.
effective age: An age placed on property for appraisal purposes, based on the condition of the property. It may be more or less that the actual chronological age.
partially amortized loan: a loan requiring payments of both principal and interest, but when the final payment is made, a balloon payment is required to retire the loan.
judgment: the decision given by a court after a case has been heard
tax deferred exchange: An exchange of like for like properties. Tax on any capital gains is paid at a later date. Boot or debt reduction is taxable.
economic life: The period of time during which improvements give a return on investment. It is generally considered to be shorter the physical life.
liquidated damages: In anticipation of a particular default, clauses are sometimes written into a contract to specify the default and its penalty.
depreciation: A loss of value in real property, regardless of the reason for the loss. Also an accounting process used for investment property taxation, referred to by the IRS as cost recovery.
police power: The right of government, such as in zoning, to exercise control over private property without their consent and without compensation.
chattel mortgage: a loan secured by personal property
Grantor: one who conveys property or property rights to a grantee.
notice of interest: Holders of junior liens against a property would file this. If the senior lien holder foreclosed, they would be notified and could protect their interest.
quantity survey method: the appraiser determines the cost of the materials; labor; management fees, and profit. These are used to determine the value of improvements when using the cost approach in appraisal.
Actual Delivery: transferring a deed from the grantor to the grantee by handing the deed to the grantee or sending it by certified mail.
investment property: Property which is generating a cash flow, such as a strip mall or a single or multi-family rental property.
Life Estate: A form of freehold estate wherein the holder acts as though he owns the property so long as he lives.
tenancy at will or estate at will: A lease which requires little or no notice of termination. It is used in special circumstances wherein both the lessor and lessee agree that the lease can be terminated by either party. It is of uncertain duration.
cost plus: A contract where payment Is for material and labor, with a profit factor added.
principal: the agent works for this person. This person is also sometimes referred to as a client.
trustor: the legal term given to one who hypothecates property as collateral for a loan, using a promissory note and trust deed.
business plan: A written overview that reveals the basic philosophy and strategy for an investment property.
market data (comparison) approach: an appraisal approach that contrasts the subject property with other properties that have recently sold. Adjustments are made to account for variations between the subject property and the others.
Exception and Reservations Clause: In a deed, it indicates rights in the real property which will not be conveyed to the grantee and is another name for the habendum clause.
incorporeal rights: Intangible or non-possessory rights in real property, such as easements, licenses, mining claims, etc.
exclusive right-to-sell: one principal broker is designated to represent the seller and receive a commission when the buyer is found, regardless of who finds the buyer.
plain language policy: Title insurance covering the borrower, which will cover mechanic's liens.
package mortgage: a loan that useds both real and personal property as security
mortgagor: a borrower who hypothecates property as security for a loan throught the use of a promissory note and a mortgage.
optionee: One who receives an option; a potential buyer who may or may not buy by the end of the term of the option.
Federal Home Loan Mortgage Corporation (FHLMC) (FANNIE MAE): Federal Home Loan Mortgage Corporation; a privately owned secondary money market player. It is federally regulated.
Deed: the document that serves as evidence of ownership of real property, as well as the document of conveyance.
physical deterioration: a type of depreciation that occurs when something wears out and will no longer perform the function or give the service that was originally intended.
contribution: The appraisal principle which states that an improvement to a property must add its cost to the value.
Metes and Bounds: A method of land description that uses measurements and monuments and utilizes angles.
deficiency judgment: A judgment obtained when a foreclosure sale fails to completely pay off a debt.
rate of return: Same as capitalization rate or cap rate.
listing: An agency agreement between a seller and a principal broker. The owner authorizes the broker to place the property on the market and seek a ready, willing, and able buyer and agrees to pay consideration if the broker is successful.
investment property: Property which is generating a cash flow, such as a strip mall or a single or multi-family rental property.
subrogation: The substitution of liability or rights, as in a title insurance policy.
riparian rights: An approach to the distribution and use of water that states the owner of real property has a reasonable right to sue any water that is on, under, or adjacent to the property. The guideline for boundaries when water borders land.
Habendum Clause (Subject to clause): Know as the "to have and to hold clause," and sometimes as a "subject to" clause, it defines and limits the estate which the grantee will receive when the property is transferred.
ingress: Entering by traveling across the servient tenement property.
non-disturbance clause: A clause in a mortgage which protects the right of the lessee if the property should be foreclosed by the lender upon the owner's default.
credit: An amount of money which will reduce what the buyer has to bring to closing, or increase the amount the seller gets at closing.
subagent: Anyone who is assisting the agent(principal broker) in the agent's responsibilities. For instance, a sales agent or associate broker in the office, or principal broker with a co-broker agreement.
Descent: The laws by which the court determines ownership of property of a person who has died intestate, but who has heirs.
assemblage: combining two or more parcels of land into one.
flat lease: the lessee makes periodic, equal rent payments
Real Property: Land and appurtenances, air space to infinity, and the subsurface to the center of the earth.
Special Warranty Deed: This type of deed contains only two covenants: the covenant of seizing and the covenant against encumbrances. Furthermore, it only warrants the period of time that the grantor actually owned the property.
americans with disabilities act (ADA): created to make building more accesable to the handicapped
income (capitalization) approach: An appraisal approach based on the cash flow the property produces. It addresses the question, "how much will a potential investor pay for the cash flow?"
prepayment privilege: this clause in a loan allows the borrower to pay the loan off early. The amount of the monthly payments can be increased with all of the extra payment applying to the principal; refinance without penalty; or make balloon payments from time to time.
Real Estate Investment Trust (REIT): Its purpose is to avoid double taxation. It must have at least 100 members, and return at least 90% of the profits to the investors.
incurable depreciation: Physical deterioration that cannot be repaired in a cost-effective manner.
service property: Property such as government buildings or churches which are used for public purposes and are non-profit.
license renewal: Two years after the month in which a licensee receives a real estate license this action is necessary to continue practicing real estate.
trustee's sale: the event where property is sold in foreclosure under a trust deed and note.
discounted loan or note: Selling a loan to the secondary money market for less tan its face value. This increases the yield (profit) on the loan.
market data (comparison) approach: an appraisal approach that contrasts the subject property with other properties that have recently sold. Adjustments are made to account for variations between the subject property and the others.
notice of default: the action filed to initiate foreclosure under a trust deed and note
rescission: As a remedy for fraud, or by agreement of the parties, all parties return to their original positions prior to the executing of the contract. It is also know as a "contract to end a contract."
effective age: An age placed on property for appraisal purposes, based on the condition of the property. It may be more or less that the actual chronological age.
Township: The largest land area used in the rectangular or government survey system. It is six miles square.
non-recourse loan: The terms of the loan stipulate that even if the lender receives less than the balance owed as a result of a foreclosure action, the debt is satisfied and the lender may not go after the borrower's personal assets.
easement by necessity: Created by a court of law in situations where justice and need, not convenience, dictate the appropriateness of the easement; such as the case of land locked property.
adjustable rate mortgage (ARM): A loan where the interest rate is periodically adjusted based on a specific economic indicator.
executive director, department of commerce: The person who appoints the director of the Utah division of real estate.
prepayment penalty claue: This clause in a loan penalizes the borrower for paying off the loan earlier then agreed.
construction loan: An open ended loan funded in installments as various portions of the work are completed.
proration: The process of computing the buyer's and seller's portion of an obligation owed by both, such as property tax.
duress or undue influence: the use offorce to obtain agreement. it can be physical or emotional.
uniform declaration of restrictions: the document that is used when a sub divider or developer records a group of restrictive covenants on all of the lots in a subdivision.
Bill of Sale: Evidence of transfer of ownership of personal property.
assemblage: combining two or more parcels of land into one.
release of lien: If a mechanic had previously placed a claim against the property where the work was done, when payment is made, this form must be filled with in ten days.
deferred maintenance: When physical deterioration is repairable, but hasn't yet been taken care of.
attorney in fact: A person who has been given power to sign in behalf of another.
redlining: The discriminatory practice of refusing to make loans in certain neighborhoods.
egress: Leaving a property by traveling across the servient tenement or property.
equal credit opportunity act: Federal act which prohibits discrimination in financing, based on race, age, sem, or martial status.
price: The amount of money being asked for a product or property, or the amount it sells for.
agency: a relationship between two parties wherein the principal hires another person to represent him or her.
condominium: one owns the air space of one's own unit and own undivided interest in the common area.
balloon payment: Required payments larger than the regular payment. These payments are often made at the end of the loan, retiring the loan early; but can be made at other times during the term of the loan.
fair market value: What a willing buyer is willing to pay, and a willing seller is willing to accept, with neither of them under duress and the property has been on the market for sufficient time to verity its value.
Grant Deed: A type of deed used in some states which contains limited warranties. The grantor usually also provides title insurance.
supply and demand: the principle of economics, as well as appraisal, which states that when there is an overabundance of a particular product, the price will go down; conversely, when there is a limited amount of that product, the price will go up.
Graduated Payment Mortgage (GPM): Payments begin below the normal, fully amortized payment and are then increased for a set period of years. Some lead to negative amortization.
cost approach: an approach to appraisal which considers the price of resources necessary to build the same or a similar property. It is the only approach which places a separate value on the land.
statutory dedication: When the developer is allowed by the city, county, or state to convey the streets, sidewalks, gutters, etc. for maintenance by the government.
estoppel certificate: A document provided by a lender which reveals all the terms of a loan as requested by the borrower or ordered by the court.
property manager: One who represents the interests of the owner of investment property. The property could be for residential or commercial purposes. This person must have a real estate license.
servient tenement: the name given to a property encumbered by an easement appurtenant such a landlocked situation.
Joint Tenancy: A form of concurrent ownership where all owners have equal rights of possession, equal interest, took title at the same time, there is one deed, and each owner has full rights of survivorship.
execute: to put a contract into effect by signing it.
cost or cost basis: what you paid for the product or property when you bought it.
familial status: One of the protected classes under fair housing referring to families with children under 18.
amenity: A "nice, but not necessary" feature which provides personal pleasure to the owner of real property. It can be tangible or intangible.
subdivision: Land divided into lots which may or may not include improvements such as water, utilities, curbs, gutters, and streets; but does not include buildings.
General or Full Warranty Deed: A deed that contains all five covenants and covers the period of time from the date of transfer back to the date of the patent.
CC & R's: The abbreviation given to restrictions and requirements created in the Uniform Declaration of restrictions for condominiums.
highest and best use: The appraisal principle which states that value should be based on the utilization of the property which will bring the greatest return to the owner. That use must be legal and feasible.
Covenant of Seizin: This covenant in a deed guarantees the grantor holds title to the property and has the right to convey it to a grantee.
management contract: An employment contract between a property manager and an owner of investment property.
fraud: An act intended to deceive or misrepresent in order to gain some unfair or dishonest advantage over another and induce someone to give up something of value.
littoral rights: Rights of an owner of property bordering a lake, river, ocean or body of water subject to tides.
assessed value: A percentage of the appraised value, as determined by law, upon which the tax rate will be levied to determine the property tax.
mediation: A non-bidding process of meeting with a disinterested third party to try to resolve a dispute between the two principals in the transaction or contract.
certificate of reasonable value: The document required for a VA loan that verifies the value of property being used as security for the

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