VA Real Estate Exam
Terms
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- Abandonment
- Permanent cessation of use.
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Abstract of Title
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- Condensed history of a title to real estate
- Recorded in county clerk's record's
- Summary of original grant and all subsequent encumbrances on property.
- Abutting
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- Joining, reaching, or touching of adjoining land.
- Abutting parcels have a common boundary
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Accelerated depreciation
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- Method of calculating depreciation for tax purposes.
- Depreciates faster than straight line method.
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Acceleration Clause
- In the event of default, all principal and interest may be declared due and payable at once.
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Accession
- Title to improvements of real property as a result of accretion of alluvial deposits along banks of streams or as a result of the annexation of fixtures.
- Accretion
- Increase to land by deposis of sand or soil washed up naturally from a river, etc.
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Accrued Depreciation
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- Actual depreciation occurred at a given date.
- Difference between cost of replacement and present appraised value.
- Acknowledgment
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- Declaration made to notary public/public official.
- Acknowledges an instrument was executed by him as a free and voluntary act.
- Actual Eviction
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- Result of legal action by lessor.
- Defaulted tenant is ousted by court.
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Actual Notice
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- Express information or fact
- That which is known
- Actual knowledge
- Ad Valorem Tax
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- Tax levied according to value.
- generally used to levy real estate tax.
- aka. General Tax
- Administrator
- Party appointed by the court to settle the estate of a deceased person without a will.
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Adverse possession
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- Actual, visible, notorious, exclusive, and continuous possession of another's land under a claim to title.
- Possession for a statutory period may be means of acquiring title.
- Affidavit
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Written statement signed and sworn to before a person authorized to administer an oath.
- Agent
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- Represents or has the power to act for the principal.
- Authorization may be expressed, implied, or apparent.
- A fiduciary relationship is created under agency law when principal executes a listing agreement authorizing a licensed rea
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Air lot
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- designated airspace over a piece of land
- May be transferred like surface lots.
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Air Rights
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- Right to use open space above one's property.
- Used for skywalks and utility cables.
- Alienation
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- Act of transferring property to another.
- May be voluntary (sale) or involuntary (eminent domain).
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Alienation Clause (due-on-sale clause)
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- Mortgage instrument not allowing the borrower to sell without lender approval an assumption or contract-for-deed.
- If attempt is made, mortgage balance becomes due on sale of property.
- Mortgage instrument not allowing the borrower to sell without lender approval an assumption or contract-for-deed.
- Alluvion
- Actual Soil increase resulting from accretion.
- Amenities
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- Neighborhood facilities and services that enhance property's value.
- e.g. swimming pools, garages or decks outside property.
- Neighborhood facilities and services that enhance property's value.
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Americans with Disabilities Act (ADA)
- Federal Law designed to eliminate discrimination against individuals with disabilities.
- Amortization
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- Liquidation of financial burden through installments.
- Includes principal and interest.
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Amortized Loan
- Principal and interest are payable in Monthly installments over the term of the loan.
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Appraisal
- Estimate of the quantity, quality or value of something.
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Appraised Value
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An estimate of the property's present worth.
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Appurtenant
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- Belonging to; incident to; annexed to.
- eg. garage is appurtenant to a house.
- Arbitration
- Means of settling a controversy b/n two parties through an impartial medium who's decision will be final.
- Assessment
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Imposition of a tax, charge or levy.
- Assignment
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written transfer of rights.
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Attorney's opinion of title
- Written statement by an attorney after examining title, stating his opinion as to whether a seller may convey good title.
- Attorney-in-fact
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Holder of a power of attorney.
- Avulsion
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Sudden tearing away of land as an act of nature.
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Balloon payment
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Final payment of a mortgage that is considerably larger than the required periodic payments b/c the amount was not fully amortized.
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Bargain and sale deed
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Deed carrying no warranties against liens but does not convey imply grantor has the right to convey title.
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Base Fee
- A determinable fee state that may be inherited.
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Base line
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Imaginary East-West line used in rectangular survey system.
- Benchmark
- Permanent reference mark used for measuring elevation.
- Beneficiary
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- One on whose behalf income from a trust is drawn.
- lender who lends money and takes back a not and deed of trust from the borrower.
- Bequest
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Provision in a will providing for the distribution of personal property.
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Bill of Sale
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Written statement given to pass title to personal property.
- Binder
- Agreement that may accompany earnest money deposit for the purchase of real property as evidence of the purchaser's good faith and intent to complete the transaction.
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Blanket Mortgage
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- Mortgage that covers more than one parcel of real estate.
- Allows for partial release from mortgage lien on repayment of definite portion of debt.
- Blockbusting
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Illegal practice of convincing homeowners to sell b/c minorities are moving into the neighborhood.
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Blue-sky laws
- State and federal laws regulating the registration and sale of investment securities.
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Branch office
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Secondary place of business.
- Breach of Contract
- failure to perform according to contract.
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Bridge Loan
- Homeowner borrows on equity to use as a down payment on a new home. When current home sells, loan is paid back.
- Broker
- One who buys or sells for another for a commission.
- Broker/salesperson
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- Passed broker's exam
- only licensed to work on behalf of a licensed broker.
- aka associate broker.
- Brokerage
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Business of buying or selling for another.
- Brownfields
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- deserted, defunct toxic industrial sites in need of renewal.
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Budget Loan
- Morgage payment + taxes+insurance+assessment+PMI
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Buffer Zone
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Strip of land separating one land use from another.
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Building Line
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- fixed distance from front and sides beyond which no structure can project.
- Create uniformity
- Bundle of legal rights
- Theory that land ownership involves possession, control, and enjoyment of property.
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Business Plan
- 3-5 year blueprint for an organization.
- Buydown
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Payment made to help buyer qualify for a loan.
- Canvassing
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- Door to door search for prospective clients
- can be done by phone
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Capacity of Parties
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- Legal ability (mental stability) to enter into a valid contract.
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Capitalization Rate
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Rate of return a property will produce on the owner's investment.
- Capitalization
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- Converting into present value, a series of future periodic installments of net income.
- Income/rate=value
- casualty Insurance
- Protects a property owner from loss or injury sustained from theft, etc.
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Caveat Emptor
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"Let the buyer beware"
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Chain of Title
- succession of conveyances from some starting point. This is how present owner derives his or her title.
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Chattels
- Personal property.
- Claim of right
- Used as a factor in determining adverse possession claims. Adversely occupying another's real estate for a period of time may create a claim of right.