Real Estate Glossary Terms Quiz
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Questions and Answers

What is the legal term for the rights a tenant acquires in the lessor's property?

  • Tenant Rights
  • Lessor's Rights
  • Lease Agreement
  • Leasehold Estate (correct)

Which of the following terms refers to the threat of force to compel someone to act against their will?

  • Misrepresentation
  • Extortion
  • Menace (correct)
  • Coercion

What distinguishes ownership in severalty from joint ownership?

  • Exclusive right to sell the property
  • Ownership by a single individual or entity (correct)
  • Shared rights to lease property
  • Ownership by multiple co-owners

Which type of tenancy does not have a specific ending date and automatically renews itself?

<p>Periodic Tenancy (D)</p> Signup and view all the answers

What is a legal agreement that allows modifications to the original contract upon all parties' consent?

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

What does the parol evidence rule restrict in a legal context?

<p>Changes to written contracts via oral evidence (C)</p> Signup and view all the answers

Which of the following is NOT considered personal property?

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

What type of damages is awarded to punish the party responsible for a breach of contract?

<p>Punitive Damages (D)</p> Signup and view all the answers

What is an express contract?

<p>A specific oral or written agreement between parties (C)</p> Signup and view all the answers

Which of the following is NOT covered by the Fair Housing Act?

<p>Discrimination based on income (D)</p> Signup and view all the answers

What major changes did the Fair Housing Amendments Act of 1988 implement?

<p>Included protections for families with children and handicapped persons (C)</p> Signup and view all the answers

Which of the following accurately describes a fixture?

<p>An object that has been permanently affixed to the land (D)</p> Signup and view all the answers

In what scenario can a contract be voidable due to fraud?

<p>When one party intentionally misrepresents facts (A)</p> Signup and view all the answers

What is a holdover tenancy?

<p>A lease that continues after the original lease has ended (A)</p> Signup and view all the answers

What does an improvement clause typically define?

<p>The rights of the lessor to make improvements on the property (B)</p> Signup and view all the answers

What is meant by involuntary termination in a tenancy?

<p>The lease is canceled against the tenant's wishes (A)</p> Signup and view all the answers

What is meant by 'Acceptance by Ratification' in lease agreements?

<p>Taking possession of property without signing a lease. (C)</p> Signup and view all the answers

Which of the following best defines 'Actual Eviction'?

<p>Judicial action to remove a tenant from premises. (A)</p> Signup and view all the answers

Which legislation mandates equal access to public accommodations for persons with disabilities?

<p>Americans with Disabilities Act of 1990 (C)</p> Signup and view all the answers

What is 'Blockbusting' in real estate?

<p>Inducing an owner to sell due to fear of demographic changes. (C)</p> Signup and view all the answers

What does 'Commingling' refer to in real estate?

<p>Mixing personal funds with escrow funds. (A)</p> Signup and view all the answers

What is an 'Assignment' in contract terms?

<p>Allowing someone to assume rights under a contract. (A)</p> Signup and view all the answers

Which of the following represents a 'Bilateral Contract'?

<p>An agreement where both parties exchange promises. (C)</p> Signup and view all the answers

What is 'Chattel' in the context of property?

<p>Personal property not permanently attached to land. (C)</p> Signup and view all the answers

What is the definition of subsurface rights?

<p>Rights to use the space beneath the surface of land, including mineral and water rights. (A)</p> Signup and view all the answers

Which type of tenancy has no definite duration?

<p>Tenancy At Will (B)</p> Signup and view all the answers

What is a key feature of a tenancy at sufferance?

<p>The tenant continues to occupy after rights have expired. (C)</p> Signup and view all the answers

Which statement is true about an unenforceable contract?

<p>It has all elements but lacks enforceability provisions. (D)</p> Signup and view all the answers

Which of the following is a characteristic of a valid contract?

<p>It fulfills all legal requirements. (C)</p> Signup and view all the answers

What distinguishes trade fixtures from other forms of property?

<p>They are personal property attached for business purposes. (C)</p> Signup and view all the answers

What does a termination clause in a lease specify?

<p>The method and procedure for ending the lease. (C)</p> Signup and view all the answers

Which scenario best exemplifies undue influence in a contract?

<p>A person is coerced by a family member to sell property. (B)</p> Signup and view all the answers

What is the purpose of compensatory damages in a contract breach?

<p>To return the injured party to their previous financial condition (D)</p> Signup and view all the answers

Which of the following describes competent parties in a contract?

<p>Parties who are of legal age, sane, and sober (D)</p> Signup and view all the answers

What does a condemnation action allow the government to do?

<p>Purchase property against the owner's wishes (C)</p> Signup and view all the answers

What is a dual agency in real estate?

<p>An agent representing both the buyer and seller (A)</p> Signup and view all the answers

What type of clause is a destruction clause in a lease agreement?

<p>A clause that outlines responsibilities after property damage (C)</p> Signup and view all the answers

What characterizes an executory contract?

<p>All terms have not been fulfilled (A)</p> Signup and view all the answers

What defines the term 'consideration' in a contract?

<p>The promise offered in exchange for something of value (C)</p> Signup and view all the answers

Which scenario demonstrates constructive eviction?

<p>A tenant lives in uninhabitable conditions due to the landlord's neglect (D)</p> Signup and view all the answers

What is a significant health risk associated with radon exposure?

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

Which of the following best defines real property?

<p>Land and improvements permanently attached to the land (B)</p> Signup and view all the answers

What does a renewal option in a lease typically entail?

<p>The right to extend the lease term under specific conditions (A)</p> Signup and view all the answers

What is the purpose of a security deposit in a lease agreement?

<p>To be forfeited if the lessee defaults or damages the property (C)</p> Signup and view all the answers

What does the Statute of Frauds require regarding real estate contracts?

<p>All contracts must be in writing to be enforceable (B)</p> Signup and view all the answers

Which action describes steering in real estate?

<p>Directing buyers toward specific neighborhoods based on their characteristics (B)</p> Signup and view all the answers

What does specific performance refer to in legal terms?

<p>A legal remedy forcing a party to fulfill a contract (B)</p> Signup and view all the answers

Which of the following statements about subsurface rights is true?

<p>They refer to the space beneath the surface of the earth (C)</p> Signup and view all the answers

Flashcards

Acceptance by Ratification

When a tenant takes possession of a property without signing a lease, they automatically accept the lease terms.

Accord and Satisfaction

When ALL parties agree to change the terms of a contract.

Actual Eviction

Legal process to remove a tenant from a property.

Administrative Law Judge (ALJ)

A judge who looks into violations of the Fair Housing Act.

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Agency

A legal relationship where one person acts on behalf of another.

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Assignment

Transferring your rights and responsibilities under a contract to someone else.

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Bilateral Contract

A contract where both sides make promises.

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Blockbusting

Using fear about a certain group moving in to convince people to sell their property.

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Express Contract

A contract formed through written or verbal agreement between two or more parties.

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Fair Housing Act

A federal law that prohibits discrimination in housing based on race, color, religion, national origin, sex, disability, and familial status.

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Fixture

Personal property that becomes real property when permanently attached to land.

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Fraud

A false representation or concealment of facts that harms a party entering into a contract.

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Holdover Tenancy

A lease that continues after the original term ends, agreed upon by both landlord and tenant.

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Implied Contract

A contract created through the actions of the parties, not explicitly written.

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Improvements

Man-made additions directly attached to the land, enhancing its value.

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Involuntary Termination

A lease cancellation against the tenant's will due to events like eviction or foreclosure.

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Compensatory Damages

Money paid to restore an injured party to their pre-breach financial condition after a contract is broken.

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Competent Parties

Individuals legally capable of entering a contract. They must be of legal age, sane, and sober.

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Concurrent Ownership

Multiple individuals or entities sharing property ownership.

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Condemnation Action

Government legal action to seize private property for public use, even against the owner's wishes.

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Consideration

The value exchanged in a contract, like a promise, action, or something of value.

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Constructive Eviction

A tenant's defense to avoid rent and vacate a property when the landlord creates uninhabitable conditions.

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Contract

A legally binding agreement with set terms, often for business arrangements like leases.

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Dual Agency

Representing both the buyer/lessee and seller/lessor in a real estate transaction.

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Radon

A colorless, odorless, radioactive gas that comes from naturally occurring uranium in the soil. It is a leading cause of lung cancer.

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Real Estate

Land, including all leaseholds and other interests in land.

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Real Property

Land and any improvements that are permanently attached to the land.

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Renewal Option

A lease clause that gives the tenant the right to extend the lease term under certain conditions.

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Security Deposit

Money deposited by a tenant with the landlord to be forfeited if the tenant defaults on the lease or damages the property.

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Specific Performance

A legal remedy for a breach of contract that forces the party who defaulted to perform as originally agreed.

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Statute of Frauds

Law requiring that all real estate contracts be in writing to be enforceable by courts.

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Statute of Limitations

Law limiting the amount of time a party can wait before taking legal action against another party for fraud or contract violations.

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Subsurface Rights

The rights to use the space beneath the surface of land to the center of the earth, including mineral rights, oil rights, gas rights, and water rights.

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Surrender and Acceptance

Mutual agreement between parties to terminate a lease or other contract.

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Tenancy

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Tenancy At Sufferance

A lease that is created by law when a tenant continues to occupy property after his/her rights have expired, wrongfully possessing the owner's property.

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Tenancy At Will

A lease with no definite duration which can be terminated by either party at any time.

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Tenancy For Years

A lease that has a specific ending date. Its timeframe can be hours, days, weeks, months or years.

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Tenancy in Common

A form of co-ownership in which ownership interests of a deceased owner can be passed along to the owner's chosen heirs.

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Tenant

The person receiving the lease, also known as the “lessee.”

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Lease

A contract where the owner (landlord) gives exclusive possession of property to someone (tenant) in exchange for rent.

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Leasehold Estate

The rights a tenant gets when renting property, like the right to use it.

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Legal Purpose

Something allowed by law. It's legal to use a house for living but not for illegal activities.

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Panic Peddling

Tricking someone into selling their house by lying about a neighborhood changing, usually based on race or other protected groups.

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Parol Evidence Rule

A law that says you can't use spoken words to change a written contract.

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Periodic Tenancy

A lease with no end date that automatically renews itself, like a month-to-month lease.

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Place of Public Accommodation

A business open to the public that must follow the Americans with Disabilities Act (ADA), like a restaurant.

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Protected Class

Groups of people, like racial minorities, protected from discrimination by the Fair Housing Act.

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Study Notes

Glossary Terms

  • Acceptance by Ratification: Tenant takes possession without signing a lease, and this is deemed acceptable by the courts.
  • Accord and Satisfaction: All parties agree to a change in a contract's terms.
  • Actual Eviction: Court action initiated by a landlord to remove a tenant.
  • Administrative Law Judge (ALJ): A judge hearing complaints regarding violations of the Fair Housing Act.
  • Agency: Legal relationship where one person represents another.
  • Air Rights: Rights to use the space above the land's surface.
  • Airspace: The space above the surface of the land, extending infinitely upward.
  • Americans with Disabilities Act of 1990 (ADA): Comprehensive civil rights law ensuring equal access for people with disabilities to jobs, public accommodations, services, and transportation.
  • Assignment: One party in a contract allows another to assume all their rights.
  • Bilateral Contract: Exchange of promises between two parties.
  • Blockbusting: Inducing property owners to sell by making representations regarding the entry of protected-class members.
  • Breach of Contract: One party violating the terms of an agreement.
  • Brokerage Agreement: Relationship between a sponsoring broker and clients/members receiving real estate services.
  • Chattel: Personal property not affixed to the land.
  • Civil Rights Act of 1866: Guaranteed property rights to all citizens, regardless of race, allowing them to inherit, purchase, sell or lease property.
  • Client: A person being represented by a licensee.
  • Commingling: Depositing personal funds into a special escrow account for others.
  • Compensation: Anything of value exchanged for services.
  • Compensatory Damages: Money paid to return an injured party in a defaulted contract to their prior financial condition.
  • Competent Parties: Parties to a contract who are of legal age, sound mind, and sober.
  • Concurrent Ownership: Property ownership shared by two or more individuals or entities.
  • Condemnation Action: Government's right to acquire property, even without the owner's consent.
  • Confidential Information: Information that could harm a client's negotiating position.
  • Constructive Eviction: Lessee is given justification to avoid paying rent and vacate when lessor creates uninhabitable conditions.
  • Consumer: An individual or entity seeking real estate brokerage services.
  • Contract: Legally binding agreement with promises establishing business arrangements or terms.
  • Customer: Consumer not represented by a licensee.
  • Designated Agency: Licensing representation of either a buyer or seller, assigned by the sponsoring broker.
  • Designated Managing Broker: Broker with supervisory responsibility over licensees in a sponsoring brokerage.
  • Destruction Clause: Lease clause outlining rights and responsibilities if the property is damaged.
  • Discharged Contract: A contract where all terms have been fulfilled.
  • Dual Agency: Representing both the buyer and seller in the same transaction.
  • Duress: Using force to induce someone to act against their will.
  • Eminent Domain: Government power to acquire private property for public use.
  • Exclusive Brokerage Agreement: Agreement for exclusive representation between a broker and client.
  • Executed Contract: Contract where all terms are completed.
  • Executory Contract: Contract wherein some terms have yet to be fulfilled.
  • Express Contract: Specific oral or written agreements between two or more parties.
  • Fair Housing Act: Bans discrimination in housing based on race, color, sex, religion, national origin, disability, and familial status.
  • Fair Housing Amendments Act of 1988: Expands Fair Housing Act to include protection for families with children and persons with disabilities, modifies HUD complaint procedure, increasing available damages and civil penalties.
  • Fixture: Personal property permanently affixed to real estate.
  • Fraud: Intentionally misrepresenting or concealing relevant facts in a contract.
  • Holdover Tenancy: Lease continuation after the lease term expiration, when the tenant continues to occupy the property without the owner's permission.
  • IDFPR: Illinois Department of Financial and Professional Regulation.
  • Implied Contract: Contract formed by actions of the parties rather than written words.
  • Improvement Clause: Lease clause outlining lessor rights for improvements, and lessee rights over improvements.
  • Improvements: Man-made additions directly attached to the land.
  • Injunction: Court order requiring someone to stop a specific action.
  • Involuntary Termination: Lease cancellation against the tenant's will, due to reasons like actual or constructive eviction, eminent domain, mortgage foreclosure, or bankruptcy.
  • Joint Tenancy: Co-ownership where a deceased owner's interest passes to surviving owners.
  • Land: Surface, subsurface, and airspace, along with anything permanently attached.
  • Lease: Bilateral contract where a lessor (landlord) provides exclusive possession to a lessee (tenant) in exchange for rent.
  • Leasehold Estate or Interest: Tenant's rights in the property outlined in the lease.
  • Legal Purpose: An action or use permitted by law.
  • Lessee: The tenant, or the person receiving the lease.
  • Lessor: The landlord, or the person providing the lease.
  • Menace: Using threats to force someone to act against their will.
  • Misrepresentation: Omitting or distorting facts in a transaction.
  • Monetary Damages: Compensation awarded to an injured party for breach of contract.
  • Novation: Agreement between parties substituting one party in a contract for another.
  • Offer and Acceptance: Agreement to a contract's terms.
  • Offeree: Person who receives an offer.
  • Offeror: Person making an offer.
  • Option: Contract to hold an offer open for a fixed period.
  • Ownership in Severalty: Sole ownership of property by a single individual or entity.
  • Panic Peddling: Inducing property owners to sell by falsely creating fear regarding the entry of particular groups.
  • Parol Evidence Rule: Legal rule disallowing oral evidence to contradict or alter a written contract.
  • Periodic Tenancy: Lease without a fixed expiration date, automatically renewing on a periodic basis (e.g., month-to-month).
  • Personal Property: Items not attached to the land.
  • Place of Public Accommodation: Commercial or business premises that affects commerce and falls under a specific ADA category.
  • Protected Class: Groups protected by housing laws.
  • Provisions of Law: Statements required by federal, state, and local laws regarding housing and human rights.
  • Punitive Damages: Money awarded to punish an offending party in a breach of contract case.
  • Purchase Option: Lease provision giving lessee the right to buy the property.
  • Radon: Colorless, odorless, radioactive gas naturally occurring in the soil.
  • Real Estate: Land and all interests related to it.
  • Real Property: Land and improvements permanently attached to the land.
  • Realty: Same as Real Property.
  • Renewal Option: Lease clause giving lessee the right to extend or renew a lease.
  • Rent: The price paid for the use of leased property.
  • Repair and Maintenance: Lease clause outlining responsibility for repairs.
  • Rescind: Canceling a contract.
  • Security Deposit: Money deposited by lessee to cover any damages or forfeits.
  • Source of Income: Earnings from sources like employment, investments or government assistance.
  • Specific Performance: Legal remedy compelling a party to perform what they agreed upon in a contract.
  • Statute of Frauds: Law requiring some contracts to be in writing for enforcement.
  • Statute of Limitations: Law limiting the time an action can be brought against a party.
  • Steering: Directing buyers or renters towards or away from specific properties based on protected characteristics.
  • Stigmatized Property: Property associated with a negative event, not affecting its physical condition.
  • Subagency: When a listing agent allows other agents to represent the buyer.
  • Sublet: Transferring part of a lease to another person.
  • Subsurface: The space beneath the surface of the land.
  • Subsurface Rights: Rights to use the space beneath the surface, including mineral, oil, gas, and water rights.
  • Surrender and Acceptance: Agreement to end a contract or lease.
  • Tenancy At Sufferance: Tenant remaining on property past the lease term expiration without permission.
  • Tenancy At Will: Lease without a set duration.
  • Tenancy For Years: Lease with a clearly defined duration.
  • Tenancy in Common: Co-ownership where interest can pass to designated heirs.
  • Tenant: The lessee, or the person leasing the property/space.
  • Termination Clause: Lease clause describing the method and procedures for termination.
  • Testers: People posing as potential buyers to test how a business is treating potential customers based on protected characteristics.
  • Trade Fixtures: Items attached to the property by a tenant for business purposes.
  • Undue Influence: Using a position of trust to persuade someone to enter a contract they wouldn't otherwise choose.
  • Unenforceable Contract: Contract with elements needed for enforcement, but missing something preventing the court from enforcing it.
  • Unilateral Contract: Contract in which one party promises an action, and the other party's action is the consideration.
  • Valid Contract: Contract meeting all legal requirements.
  • Void Contract: Contract lacking essential legal elements.
  • Voidable Contract: Contract that can be made void by one party.
  • Voluntary Termination: Lease or contract ending due to agreement between the parties or an act of surrender and acceptance.

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Description

Test your knowledge of key real estate terms with this quiz. Explore essential concepts such as acceptance by ratification, administrative law, and the Americans with Disabilities Act. Perfect for students and professionals looking to reinforce their understanding of real estate terminology.

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