Podcast
Questions and Answers
What constitutes actual fraud?
What constitutes actual fraud?
What does 'ad valorem' refer to?
What does 'ad valorem' refer to?
What is an addendum in the context of a sales contract?
What is an addendum in the context of a sales contract?
What characterizes an adjustable rate mortgage (ARM)?
What characterizes an adjustable rate mortgage (ARM)?
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What does an advance fee imply in real estate brokerage?
What does an advance fee imply in real estate brokerage?
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How does adverse possession generally function in property law?
How does adverse possession generally function in property law?
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What is the primary concern regarding advance fees in real estate?
What is the primary concern regarding advance fees in real estate?
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Which of the following statements about actual notice is accurate?
Which of the following statements about actual notice is accurate?
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What is an abstract of title?
What is an abstract of title?
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Which best describes an acceleration clause?
Which best describes an acceleration clause?
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What does the term 'acceptance' refer to in contract law?
What does the term 'acceptance' refer to in contract law?
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What is the role of accounting in a fiduciary relationship?
What is the role of accounting in a fiduciary relationship?
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What does the term 'accretion' refer to in property law?
What does the term 'accretion' refer to in property law?
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What is the purpose of an acknowledgment in property documentation?
What is the purpose of an acknowledgment in property documentation?
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What is an acre defined as?
What is an acre defined as?
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Which type of damages are recognized by a court as a direct result of a wrongful act?
Which type of damages are recognized by a court as a direct result of a wrongful act?
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What is a key characteristic of a cooperative building?
What is a key characteristic of a cooperative building?
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In co-ownership, what does it mean to have an undivided interest?
In co-ownership, what does it mean to have an undivided interest?
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What defines a corporation in legal terms?
What defines a corporation in legal terms?
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What is primarily assessed in the cost approach to property appraisal?
What is primarily assessed in the cost approach to property appraisal?
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What does the term 'cost of money' typically refer to?
What does the term 'cost of money' typically refer to?
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What is the effect of making a counteroffer?
What is the effect of making a counteroffer?
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What role does a county treasurer fulfill?
What role does a county treasurer fulfill?
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Which of the following is true about covenants in property transactions?
Which of the following is true about covenants in property transactions?
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What is typically included in a property declaration?
What is typically included in a property declaration?
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What differentiates a deed of trust from a standard mortgage?
What differentiates a deed of trust from a standard mortgage?
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What is a deed restriction?
What is a deed restriction?
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What does a default typically represent in a contract?
What does a default typically represent in a contract?
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What is the role of a trustee in a deed of trust?
What is the role of a trustee in a deed of trust?
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In relation to mortgages, what function does a defeasance clause serve?
In relation to mortgages, what function does a defeasance clause serve?
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What issue may arise with junior liens related to a quit claim deed?
What issue may arise with junior liens related to a quit claim deed?
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Which statement accurately describes a quit claim deed?
Which statement accurately describes a quit claim deed?
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What is required to be disclosed when selling a house?
What is required to be disclosed when selling a house?
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What does 'disintermediation' refer to in the context of real estate?
What does 'disintermediation' refer to in the context of real estate?
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What does 'discrimination' in real estate law prohibit?
What does 'discrimination' in real estate law prohibit?
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What is the significance of the Civil Rights Act of 1866 in real estate?
What is the significance of the Civil Rights Act of 1866 in real estate?
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What is meant by 'disparate impact' in discrimination cases?
What is meant by 'disparate impact' in discrimination cases?
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What are discount points in the context of mortgages?
What are discount points in the context of mortgages?
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Which statement best describes the process described by 'disclosure' in real estate?
Which statement best describes the process described by 'disclosure' in real estate?
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Which of the following does NOT represent a common requirement in real estate transactions?
Which of the following does NOT represent a common requirement in real estate transactions?
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What is the term for the crops produced annually through labor and industry?
What is the term for the crops produced annually through labor and industry?
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Which legal principle allows the government to acquire property for public use?
Which legal principle allows the government to acquire property for public use?
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What does encapsulation of asbestos-containing material aim to prevent?
What does encapsulation of asbestos-containing material aim to prevent?
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What is the definition of encroachment in property law?
What is the definition of encroachment in property law?
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Which of the following describes encumbrances on real property?
Which of the following describes encumbrances on real property?
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What does the term entitlement refer to in the context of VA loans?
What does the term entitlement refer to in the context of VA loans?
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Which agency is responsible for managing federal pollution control activities?
Which agency is responsible for managing federal pollution control activities?
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What is enforceability related to in legal terms?
What is enforceability related to in legal terms?
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Flashcards
Abstract of Title
Abstract of Title
A summary of a property's ownership history based on public records, showing deeds, transfers, and encumbrances.
Acceleration Clause
Acceleration Clause
A clause in a loan document that allows the lender to demand immediate payment of the entire loan if certain conditions aren't met.
Acceptance
Acceptance
A clear agreement to accept the terms of an offer. The agreement must be communicated.
Accession
Accession
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Accounting
Accounting
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Accretion
Accretion
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Acknowledgment
Acknowledgment
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Acre
Acre
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Actual Fraud
Actual Fraud
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Actual Notice
Actual Notice
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Ad Valorem
Ad Valorem
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Addendum
Addendum
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Adjustable Rate Mortgage (ARM)
Adjustable Rate Mortgage (ARM)
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Advance Fee
Advance Fee
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Adverse Possession
Adverse Possession
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Possession
Possession
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Cooperative
Cooperative
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Co-Ownership
Co-Ownership
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Corporation
Corporation
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Cost Approach
Cost Approach
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Cost of Money
Cost of Money
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Counteroffers
Counteroffers
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County Treasurer
County Treasurer
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Covenant
Covenant
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Declaration
Declaration
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Deed
Deed
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Deed of Trust
Deed of Trust
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Deed Restriction
Deed Restriction
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Default
Default
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Defeasance Clause
Defeasance Clause
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What is Deed in Lieu of Foreclosure?
What is Deed in Lieu of Foreclosure?
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What is a Quitclaim Deed?
What is a Quitclaim Deed?
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Effective Date of Value
Effective Date of Value
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Emblement
Emblement
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Eminent Domain
Eminent Domain
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Employee
Employee
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Encapsulation
Encapsulation
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Encroachment
Encroachment
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Encumbrances
Encumbrances
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Enforceability
Enforceability
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Disclosure
Disclosure
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Discount Point
Discount Point
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Discrimination
Discrimination
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Disintermediation
Disintermediation
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Disparate Impact
Disparate Impact
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What is the purpose of disclosure in real estate?
What is the purpose of disclosure in real estate?
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How does a discount point affect a mortgage?
How does a discount point affect a mortgage?
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Why is discrimination against certain groups prohibited in housing?
Why is discrimination against certain groups prohibited in housing?
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Study Notes
Flash Cards
- Professional, published flash cards are available for purchase in the admissions office.
- If you want to make your own, three definitions are provided per page.
- Cut horizontally along the perforated lines, then fold in half.
- The vocabulary word is on one side, and the definition is on the reverse side.
Abstract of Title
- A summary of the condition of title to real property.
- Uses an examination of public records.
- Includes a digest of deeds, transfers, encumbrances, and other instruments reflecting ownership.
Acceleration Clause
- A clause in a trust deed or mortgage.
- Gives the lender the right to call all sums due and payable immediately upon a certain event.
Acceptance
- The expression of intent to be bound by the terms of an offer.
- Acceptance must be communicated to the offeror.
- Can be a written/verbal or even a nod of the head.
- If the offer is in writing, and pertains to real property, the acceptance must be in writing.
Accession
- Gaining title when property is added to a property by another or a natural action.
Accounting
- The fiduciary duty of an agent to maintain and preserve the property and money of the principal.
- Agents must keep accurate records of all funds and documents received.
Accretion
- An addition to land from natural causes (e.g., from gradual action of the ocean or river waters.)
Acknowledgment
- To recognize as genuine or valid; A formal declaration made before a duly authorized officer (like a notary public).
- By the person who signed the document.
- The document itself can be acknowledged.
- Designed to prevent forged or fraudulently induced documents.
Acre
- A measure of land.
- Equivalent to 160 square rods, 4,840 square yards, 43,560 square feet, or about 208.71 feet square.
Actual Damage
- Damages that a court of law will recognize and that are a direct result of a wrong.
Actual Fraud
- An act meant to deceive another.
- Such as making a promise without intending to keep it, suppressing the truth, or making a false statement.
Actual Notice
- Having actual knowledge of a fact.
- Compared with implied or inferred notice.
Ad Valorem
- A Latin phrase meaning "according to value."
- Usually used in connection with real estate taxation.
Addendum
- Additional material attached to and made part of a document.
- Used when there is insufficient space for all transaction details on the sales contract/agreement.
- Should be incorporated into the agreement and dated/signed by all parties.
Adjustable Rate Mortgage (ARM)
- A loan (mortgage or deed of trust) with rates and terms that change.
- Governed by guidelines from the Comptroller of the Currency (national banks) and the Office of Thrift Supervision (federal savings and loan associations).
- Allows interest rates to increase or decrease within a certain range at certain time intervals.
Advance Fee
- A fee paid before services are rendered.
- Often used in real estate brokerage to cover advertising expenses, but without guarantee of a sale.
- Brokers must keep accurate records of expenditures.
Adverse Possession
- Claiming based on open and notorious possession and occupancy.
- Usually under a claim or right, denying or opposing the title of another claimant.
Affidavit
- A written statement sworn to or affirmed before an authorized officer.
Agency
- A relationship created when one person (the principal) delegates the right to act on their behalf in business transactions to another (the agent).
- With discretion.
- A fiduciary or statutory relationship with specific duties, obligations, and high standards of good faith and loyalty for the agent.
Agent
- A person authorized to represent and act on behalf of another person (the principal) in a matter.
- Can be a real estate broker acting on behalf of a seller or buyer.
Agreeing
- To consent to a particular course of action.
Air Rights
- The rights in real property to use the air space above the surface of the land.
Alienation
- The act of transferring property (and possession of lands or other things) from one person to another.
Alienation Clause
- A clause in a note or trust deed that allows the payee or beneficiary to declare the entire unpaid balance immediately due and payable upon a subsequent sale of the property.
Allodial Tenure
- A real property ownership system that can be complete ownership, except for rights held by the government.
Alluvion
- Soil deposited by accretion or increase of earth on a shore or bank of a river.
Amended
- To change or modify for the better, improve, amend the situation, etc., especially in phraseology or formally.
Americans with Disabilities Act (ADA)
- A federal law (1992) designed to eliminate discrimination against individuals with disabilities.
- Mandates equal access to jobs, public accommodations, government services, public transportation, and telecommunications.
Amortization
- The liquidation of a financial obligation on an equal installment basis.
- Also includes the recovery of cost or value over a period.
Annexation
- The addition of property by adding or attaching other property to it.
- Can include fixtures, or the addition of unincorporated territory to a city/town.
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