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Questions and Answers

What constitutes actual fraud?

  • Making a statement based on assumptions
  • Substantiating a claim with non-factual documentation
  • Promising something without intending to keep it (correct)
  • Providing information with good faith belief
  • What does 'ad valorem' refer to?

  • A fee paid before services are rendered
  • A type of mortgage agreement
  • An adjustment to interest rates
  • Taxation based on property value (correct)
  • What is an addendum in the context of a sales contract?

  • A term referring to adjustable mortgage rates
  • A legal statement of ownership
  • A supplementary document attached to a contract (correct)
  • A method for increasing property value
  • What characterizes an adjustable rate mortgage (ARM)?

    <p>Rates that change periodically within a certain range (A)</p> Signup and view all the answers

    What does an advance fee imply in real estate brokerage?

    <p>An upfront fee with no promise of a transaction (C)</p> Signup and view all the answers

    How does adverse possession generally function in property law?

    <p>It provides title based on open and notorious possession (A)</p> Signup and view all the answers

    What is the primary concern regarding advance fees in real estate?

    <p>They must be documented accurately (C)</p> Signup and view all the answers

    Which of the following statements about actual notice is accurate?

    <p>It means having specific, actual knowledge of a fact (D)</p> Signup and view all the answers

    What is an abstract of title?

    <p>A summary of the condition of title to real property based on public records. (D)</p> Signup and view all the answers

    Which best describes an acceleration clause?

    <p>A clause that enables a lender to demand full repayment upon a specific event. (C)</p> Signup and view all the answers

    What does the term 'acceptance' refer to in contract law?

    <p>The expression of intent to be bound by the terms of an offer. (D)</p> Signup and view all the answers

    What is the role of accounting in a fiduciary relationship?

    <p>To maintain and preserve the property and money of the principal. (C)</p> Signup and view all the answers

    What does the term 'accretion' refer to in property law?

    <p>A natural addition to land from gradual actions of bodies of water. (B)</p> Signup and view all the answers

    What is the purpose of an acknowledgment in property documentation?

    <p>To prevent documents from being forged or fraudulently induced. (D)</p> Signup and view all the answers

    What is an acre defined as?

    <p>A measure of land equaling 160 square rods or approximately 43,560 square feet. (D)</p> Signup and view all the answers

    Which type of damages are recognized by a court as a direct result of a wrongful act?

    <p>Compensatory damages that arise directly from the wrongdoing. (A)</p> Signup and view all the answers

    What is a key characteristic of a cooperative building?

    <p>Residents own shares in a corporation and have proprietary leases. (D)</p> Signup and view all the answers

    In co-ownership, what does it mean to have an undivided interest?

    <p>All co-owners have equal rights to access and use the property. (B)</p> Signup and view all the answers

    What defines a corporation in legal terms?

    <p>A separate legal entity with rights and responsibilities distinct from its owners. (C)</p> Signup and view all the answers

    What is primarily assessed in the cost approach to property appraisal?

    <p>The replacement cost of improvements minus depreciation. (B)</p> Signup and view all the answers

    What does the term 'cost of money' typically refer to?

    <p>The interest rate incurred for borrowing funds. (D)</p> Signup and view all the answers

    What is the effect of making a counteroffer?

    <p>It cancels the original offer and proposes new terms. (B)</p> Signup and view all the answers

    What role does a county treasurer fulfill?

    <p>Handling public revenues and expenditures. (C)</p> Signup and view all the answers

    Which of the following is true about covenants in property transactions?

    <p>They impose specific duties or restrictions on property use. (B)</p> Signup and view all the answers

    What is typically included in a property declaration?

    <p>A description of the land and its uses (B)</p> Signup and view all the answers

    What differentiates a deed of trust from a standard mortgage?

    <p>It involves three parties (D)</p> Signup and view all the answers

    What is a deed restriction?

    <p>A limitation on how the property can be used (D)</p> Signup and view all the answers

    What does a default typically represent in a contract?

    <p>A breach of contract obligation (C)</p> Signup and view all the answers

    What is the role of a trustee in a deed of trust?

    <p>To transfer title back to the borrower upon repayment (C)</p> Signup and view all the answers

    In relation to mortgages, what function does a defeasance clause serve?

    <p>To enable the mortgagor to redeem the property (B)</p> Signup and view all the answers

    What issue may arise with junior liens related to a quit claim deed?

    <p>Conflicting ownership claims (D)</p> Signup and view all the answers

    Which statement accurately describes a quit claim deed?

    <p>It conveys ownership interest without warranty (D)</p> Signup and view all the answers

    What is required to be disclosed when selling a house?

    <p>Major physical defects such as a leaky roof (D)</p> Signup and view all the answers

    What does 'disintermediation' refer to in the context of real estate?

    <p>Investing savings directly instead of through banks (C)</p> Signup and view all the answers

    What does 'discrimination' in real estate law prohibit?

    <p>Any unequal treatment based on group affiliation (C)</p> Signup and view all the answers

    What is the significance of the Civil Rights Act of 1866 in real estate?

    <p>It prohibits discrimination based on race in property dealings (C)</p> Signup and view all the answers

    What is meant by 'disparate impact' in discrimination cases?

    <p>Neutral actions affecting protected classes more significantly (C)</p> Signup and view all the answers

    What are discount points in the context of mortgages?

    <p>Amounts paid to reduce the loan interest rate (D)</p> Signup and view all the answers

    Which statement best describes the process described by 'disclosure' in real estate?

    <p>It requires revealing major defects in a property (B)</p> Signup and view all the answers

    Which of the following does NOT represent a common requirement in real estate transactions?

    <p>Waiting for buyer approval before listing (B)</p> Signup and view all the answers

    What is the term for the crops produced annually through labor and industry?

    <p>Emblement (C)</p> Signup and view all the answers

    Which legal principle allows the government to acquire property for public use?

    <p>Eminent Domain (B)</p> Signup and view all the answers

    What does encapsulation of asbestos-containing material aim to prevent?

    <p>Release of fibers into the air (D)</p> Signup and view all the answers

    What is the definition of encroachment in property law?

    <p>The act of building on another's property (B)</p> Signup and view all the answers

    Which of the following describes encumbrances on real property?

    <p>May restrict the use of property (C)</p> Signup and view all the answers

    What does the term entitlement refer to in the context of VA loans?

    <p>The amount guaranteed by the government (C)</p> Signup and view all the answers

    Which agency is responsible for managing federal pollution control activities?

    <p>Environmental Protection Agency (A)</p> Signup and view all the answers

    What is enforceability related to in legal terms?

    <p>Ability to carry out effectively (A)</p> Signup and view all the answers

    Flashcards

    Abstract of Title

    A summary of a property's ownership history based on public records, showing deeds, transfers, and encumbrances.

    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

    A clear agreement to accept the terms of an offer. The agreement must be communicated.

    Accession

    Adding property to existing property through natural causes or by another person's actions.

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    Accounting

    Agent's duty to track and account for a principal's funds and property.

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    Accretion

    Land increase from natural causes, typically by water.

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    Acknowledgment

    A formal statement of authenticity for a document, confirming the signature is genuine and voluntary.

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    Acre

    A unit of land area (43,560 square feet).

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    Actual Fraud

    An act meant to deceive, like making a false promise or lying.

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    Actual Notice

    Knowing a fact directly, not just through hints.

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    Ad Valorem

    Taxation based on value.

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    Addendum

    Extra material added to a document.

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    Adjustable Rate Mortgage (ARM)

    A loan with interest rates that can change over time.

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    Advance Fee

    A fee paid before service, often without guarantees.

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    Adverse Possession

    Claiming ownership through continuous, open use.

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    Possession

    Physical control or ownership.

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    Cooperative

    A building/housing where residents are shareholders owning a proprietary lease to a unit, and can use common areas.

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    Co-Ownership

    Two or more people/entities owning an undivided interest in a property.

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    Corporation

    A legal entity separate from its owners, created by law.

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    Cost Approach

    Valuation method estimating improvements' cost, subtracting depreciation, and adding land value.

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    Cost of Money

    The interest rate charged for borrowing money.

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    Counteroffers

    A new offer in response to a previous one, rejecting the initial offer.

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    County Treasurer

    Government officer managing public funds.

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    Covenant

    Agreements in deeds promising specific actions or restrictions on property use.

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    Declaration

    A detailed document describing a real estate project, including land ownership, apartment details, building use, and legal requirements.

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    Deed

    A legal document transferring ownership of real property from a grantor to a grantee.

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    Deed of Trust

    A legal document where property ownership is transferred to a trustee as security for a loan, with three parties involved: borrower, lender, and trustee.

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    Deed Restriction

    Limitations in a deed that dictate permitted uses of a property.

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    Default

    Nonperformance of a duty or obligation in a contract, leading to potential legal remedies for the non-defaulting party.

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    Defeasance Clause

    The clause in a mortgage allowing the borrower to reclaim their property by fulfilling their obligations to the lender.

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    What is Deed in Lieu of Foreclosure?

    A legal document where the borrower voluntarily transfers property title to the lender to prevent foreclosure.

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    What is a Quitclaim Deed?

    A deed that transfers any and all interests a grantor has in a property to a grantee, without guarantees of ownership.

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    Effective Date of Value

    The specific day the conclusion of value applies.

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    Emblement

    Crops produced annually, by labor and industry, as distinguished from crops that grow naturally on the land.

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    Eminent Domain

    The right of the government to acquire property for necessary public or quasi-public use by condemnation; the owner must be fairly compensated.

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    Employee

    One who works under the supervision and control of another.

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    Encapsulation

    The process of applying a sealant to asbestos-containing material, which penetrates the material’s surface, preventing the release of the dangerous fibers into the air.

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    Encroachment

    The building of a structure or construction of any improvements, partly or wholly on the property of another. A form of trespass.

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    Encumbrances

    Any claim, lien, charge or liability attached to and binding on real property that may lessen its value or burden, obstruct or impair the use of a property but not necessarily prevent transfer of title.

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    Enforceability

    The ability to carry out effectively

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    Disclosure

    The act of revealing or making known important information, especially about potential problems with a property.

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    Discount Point

    A fee paid upfront to a lender to lower the interest rate on a mortgage. Each point equals 1% of the loan amount.

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    Discrimination

    Treating someone unfairly based on their membership in a particular group or class.

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    Disintermediation

    When people withdraw their savings from banks and invest directly, leading to less money available for mortgages.

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    Disparate Impact

    A legal doctrine that shows discrimination even if there's no direct intent, based on a rule that negatively affects a protected group more than others.

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    What is the purpose of disclosure in real estate?

    Disclosure in real estate aims to provide buyers with all the necessary information about a property, including potential defects, to make an informed decision.

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    How does a discount point affect a mortgage?

    A discount point lowers the interest rate on a mortgage, but the buyer pays a fee upfront to the lender.

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    Why is discrimination against certain groups prohibited in housing?

    Prohibiting discrimination ensures that everyone has equal access to housing opportunities, regardless of their race, religion, or other protected characteristics.

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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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