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REA test 2
chapters 5-7
50
Real Estate & Planning
Undergraduate 4
09/21/2008

Additional Real Estate & Planning Flashcards

 


 

Cards

Term
deed
Definition
a written document that evidences ownership
Term
grantor
Definition
the party who transfers a freehold estate in real property to a grantee
Term
grantee
Definition
the party who receives a freehold estate in real property from a grantor
Term
quitclaim deed
Definition
a deed used to transfer any interest a grantor may or may not have in a property, without implying that the grantor has a valid interest to convey
Term
special warranty deed
Definition
similar to general warranty deed, except the covenants and warranties apply only to events that occurred during the grantor's period of ownership
Term
bargain and sale deed
Definition
a deed that simply states that the grantor has title to the property and the right to convey it but does not contain any express covenants or warranties to the title's validity
Term
covenant
Definition
a promise or guarantee made by a grantor in a deed
Term
consideration
Definition
anything that incurs legal detriment or the forgoing of legal benefit
Term
executed
Definition
the process of planning one's signature on a legal document
Term
covenant of further assurances
Definition
an assurance made by the grantor that the grantor will execute any future documents needed to perfect the grantee's title
Term
general warranty deed
Definition
the deed that offers the most protection to the grantee, complete with all relevant covenants and warranties
Term
marketable title
Definition
a title free and clear of all past, present and future claims that would cause a reasonable purchaser to reject such title
Term
title insurance
Definition
an insurance policy that protects property owners and lenders against undiscovered defects in a property's chain of title
Term
title abstract
Definition
a written history of a property's chain of title
Term
title opinion
Definition
an attorney's of the quality of the title for a specific property
Term
chain of title
Definition
ownership history of a specific property
Term
statue of fraud
Definition
a law designed to prevent fraudulent practices involving contracts
Term
sales contract (gap filler)
Definition
a contract providing for the transfer of property
Term
contingencies
Definition
terms of a contract that may result in the contract being canceled if certain events occur (loopholes)
Term
contract
Definition
a legal device used by two or more persons to indicate they have reached an agreement
Term
escrow agent
Definition
a third party who facilitates a real estate closing
Term
escrow closing
Definition
a closing using an escrow agent
Term
right of the first refusal
Definition
the right of a person to have the first opportunity to either purchase or lease real property
Term
option to buy contract (**option to buy....)
Definition
a contract that gives one party the right , but not an obligation, to purchase a property within a specified time horizon at a specific price
Term
offeree
Definition
the receiving party in a contract
Term
counter offer
Definition
a response to an offer that represents a new offet
Term
specific performance
Definition
a requirement that the terms of a contract be exactly complied with
Term
loan origination (***loan origination fee)
Definition
the process of creating a new loan agreement between a borrower and lender
Term
management agreement
Definition
a legal agreement authorizing a property manager to conduct business on behalf of the landlord
Term
subleasing
Definition
the act of transferring a portion of the leasehold estate to a third party
Term
percentage lease
Definition
a lease for a property used for commercial purposes under which the rental payments are based on some percentage of sales made on the premises
Term
reappraisal lease
Definition
a lease that stipulates that the rent will be adjusted periodically as the value of the building changes, as determines by the appraisal
Term
graduated rent lease (graduated lease)
Definition
a lease contract that stipulates scheduled rent increases over the period of the lease
Term
lessor
Definition
the person who gives a leasehold interest in a property to a lessee
Term
lessee
Definition
the person who receives a leasehold interest in a property from a lessor
Term
voidable (**void/voidable)
Definition
capable of being rescinded, as a contract entered into by a minor or a person who has been declared insane
Term
tenancy for a stated period
Definition
a leasehold estate that has defined started and ending dates
Term
tenancy for period to period
Definition
a leasehold estate that continues to automatically renewed each period unless terminated by either party
Term
tenancy to will (***tenancy at will)
Definition
an informal leasehold estate or indeterminable length that may last as long as the parties agree
Term
ground lease
Definition
a long-term lease for vacant land
Term
net-net-net lease (yes actually three nets)
Definition
a lease that stipulates that the lessee will pay operating expenses, insurance, and property taxes for the property during the lease period
Term
positive renewal cause
Definition
a clause on a lease that states that if no notice of renewal is given, properly, normally one to two months to the expiration of the lease, the lease terminates at the end of the lease period
Term
negative renewal cause
Definition
a clause in lease contract that automatically renews the lease in the event that neither party desires to terminate the agreement
Term
expense stop
Definition
a limit on the amount of operating costs to be borne by the landlord in a commercial lease agreement
Term
net lease
Definition
a lease that stipulates that the lease will pay operating expenses for a property during the lease period
Term
covenant against encumbrances
Definition
an assurance made by the grantor that no liens or encumbrances other than those of public record exist against a property
Term
covenant of quiet enjoyment
Definition
an assurance made by the grantor that no other party will disturb the grantee claiming to own the property or to have a lien on it; a promise from the lessor that the tenant has the right of exclusive possession of the the property during the term of the lease
Term
covenant of seisin
Definition
an assurance made by the grantor that he or she is in full possession of the interest being conveyed by a deed and thus has the right to convey it
Term
invalid
Definition
no contract
Term
encumbrance
Definition
restriction or limitation on ownership
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