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How to speak fluent Real-Estate-ese
Abstract
of Title. The condensed history of a title to a particular parcel
of real estate, consisting of a summary of the original grant and
all subsequent conveyances and encumbrances affecting the property
and a certification by the abstractor that the history is complete
and accurate.
Agent.
One who acts or has the power to act for another. A fiduciary relationship
is created under the law of agency when a property owner, as the
principal, executes a listing agreement or management contract authorizing
a licensed real-estate broker to be his or her agent.
Appraisal.
An estimate of the quantity, quality, or value of something. The
process by which conclusions of property value are obtained; also
refers to the report that sets forth the process of estimation and
conclusion of value.
Appreciation.
An increase in the worth or value of a property due to economic
or related causes, which may prove to be either temporary or permanent;
opposite of depreciation.
Balloon payment.
A final payment of a mortgage loan that is considerably larger than
the required periodic payments because the loan amount wsas not
fully amortized.
Building
code. An ordinance that specifies minimum standards of construction
for buildings in order to protect public safety and health.
Certificate
of title. A statement of opinion on the status of the title
to a parcel of real property based on an examination of specified
public records.
Commission.
Payment to a broker for services rendered, such as in the sale
or purchase of real property; usually a percentage of the selling
price of the property.
Comparables.
Properties listed in an appraisal report that are substantially
equivalent to the subject property.
CMA -or-
Competitive market analysis. A comparison of the prices of recently
sold homes that are similar to listing a seller's home in terms
of location, style, size, condition, age, and amenities. Based on
this analysis, a broker or salesperson can help the seller determine
a listing price.
Contract.
A legally enforceable promise or set of promises that must be
performed and for which, if a breach of the promise occurs, the
law provides a remedy. A contract may be either unilateral, where
only one party is bound to act, or bilateral, where all parties
to the instrument are legally bound to act as prescribed.
Conventional
loan. A loan that is not insured or guaranteed by a government
or private source.
Counteroffer.
A new offer made as a reply to an offer received. It has the effect
of rejecting the original offer, which cannot be accepted thereafter
unless revived by the offeror's repeating it.
Deed. A
written instrument that, when executed and delivered, conveys title
to, or an interest in, real estate.
Deed restrictions.
Clauses in a deed limiting the future uses of the property.
Deed restrictions may impose a vast variety of limitations and conditions
- for example, they may limit the density of buildings, dictate
the types of structures that can be erected, or prevent buildings
from being used for specific purposes or even from being used at
all.
Developer.
One who constructs buildings on lots and sells them.
Discount
points. An added loan fee charged by a lender to make the yield
on a lower-than-market-value loan competitive with higher-interest
loans.
Equity.
The interest or value that an owner has in his or her property over
and above any mortgage indebtedness.
FHA loan.
A loan insured by the Federal Housing Administration and made by
an approved lender in accordance with the FHA's regulations.
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Homeowner's
insurance policy. A standardized package insurance policy that
covers a residential real estate owner against financial loss from
fire, theft, public liability, and other common risks.
Joint tenancy.
Ownership of real estate between two or more parties who have
been named in one conveyance as joint tenants. If the instrument
creating the joint tenancy specifically provides for survivorship,
upon the death of a join tenant his or her interest passes to the
surviving join tenant or tenants by the right of survivorship.
Listing agreement.
A contract between a landowner (as principal) and a licensed
real estate broker (as agent) by which the broker is employed as
agent to sell real estate on the owner's terms within a given time,
for whose service the landowner agrees to pay a commission.
Listing broker.
The broker in a multiple-listing situation from whose office a listing
agreement is initiated, as opposed to the selling broker, from whose
office negotiations leading up to a sale are initiated. The listing
broker and selling broker may be the same person. See also Multiple
listing.
Marketable
title. Good or clear title reasonably free from the risk of
litigation over possible defect.
Multiple
listing. An exclusive listing (an exclusive right to sell or
exclusive agency) with the additional authority and obligation on
the part of the listing broker to distribute the listing to other
brokers in the multiple-listing organization.
Real estate.
Land; a portion of the earth's surface extended downward to the
center of the earth and upward into space, including all things
permanently attached thereto, whether by nature or by a person;
any and every interest in land.
Real estate
broker. Any person, partnership, association, or corporation
who sells (or offers to sell), buys (or offer to buy), or negotiates
the purchase, sale or exchange of real estate or who leases (or
offers to lease) or rents (or offers to ren) any real estate or
the improvements thereon for others for a compensation or valuable
consideration. A real estate broker may not conduct business without
a real estate broker's license.
Realtor.
A registered trademark term reserved for the sole use of active
members of local Realtor boards affiliated with the National Association
of Realtors.
Special Warranty
Deed. A deed in which the grantor warrants, or guarantees, the
title only against defects arising during the period of his or her
tenure and ownership of the property and not against defects existing
before that time, generally using the language, "by, through,
or under the grantor but not otherwise."
Subdivision.
A tract of land divided by the owner, known as the subdivider,
into blocks, building lots, and streets according to a recorded
subdivision plat, which must comply with local ordinances and regulations.
Survey. The
proves by which boundaries are measured and land areas are determined;
the on-site measurement of lot lines, dimensions, and position of
a house on a lot, including the determination of any existing encroachments
or easements.
Title. 1.
The right to, or ownership or, land.
2. The evidence of ownership of land.
Title insurance.
A policy insuring the owner or mortgage against loss by reason of
defects in the title to a parcel of real estate, other than encumbrances,
defects, and matters specifically excluded by the policy.
Valid contract.
A contract that complies with all the essentials of contract
and is binding and enforceable on all parties to it.
VA loan.
A mortgage loan on approved property made to a qualified veteran
by an authorized lender and guaranteed by the Veterans Administration
in order to limit the lender's possible loss.
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