Podcast
Questions and Answers
What is the primary purpose of zoning regulations?
What is the primary purpose of zoning regulations?
- To control pricing of real estate transactions
- To unify land use across all states
- To enhance federal land use policies
- To regulate private land use and development (correct)
Which of the following is NOT a type of land use typically governed by zoning?
Which of the following is NOT a type of land use typically governed by zoning?
- Government (correct)
- Residential
- Commercial
- Industrial
What does a setback refer to in zoning terms?
What does a setback refer to in zoning terms?
- The density of housing units permitted per acre
- The distance from a designated reference point to the structure (correct)
- The maximum height limit for buildings in an area
- The ratio of the building's floor area to the land area
What is a floor area ratio in zoning?
What is a floor area ratio in zoning?
Which of the following best describes a 'buffer zone'?
Which of the following best describes a 'buffer zone'?
Which statement about down-zoning is true?
Which statement about down-zoning is true?
What component of zoning ordinances deals with the number of houses built per acre?
What component of zoning ordinances deals with the number of houses built per acre?
What does zoning as a police power refer to?
What does zoning as a police power refer to?
What happens to the responsibilities of a lease if one of the parties dies?
What happens to the responsibilities of a lease if one of the parties dies?
What distinguishes an assignment from a sublet in a lease agreement?
What distinguishes an assignment from a sublet in a lease agreement?
Which situation would likely be considered constructive eviction?
Which situation would likely be considered constructive eviction?
What is the primary goal of a property manager?
What is the primary goal of a property manager?
What is typically required for property management agreements?
What is typically required for property management agreements?
In property management, who is responsible for maintaining good relationships with tenants?
In property management, who is responsible for maintaining good relationships with tenants?
Which of the following is NOT a duty of a property manager?
Which of the following is NOT a duty of a property manager?
When is rent due if the lease does not specify a date?
When is rent due if the lease does not specify a date?
What does the term 'chattels' refer to in property law?
What does the term 'chattels' refer to in property law?
What does 'severance' imply in real property law?
What does 'severance' imply in real property law?
Which of the following best describes a 'fixture'?
Which of the following best describes a 'fixture'?
What does the acronym MARIA stand for in determining fixtures?
What does the acronym MARIA stand for in determining fixtures?
Which of the following is NOT a criterion used to determine if an item is a fixture?
Which of the following is NOT a criterion used to determine if an item is a fixture?
Under what condition can a sink be considered a fixture?
Under what condition can a sink be considered a fixture?
What is meant by 'annexation' in property law?
What is meant by 'annexation' in property law?
Which example best illustrates the concept of real property?
Which example best illustrates the concept of real property?
What happens to a fee simple determinable estate when the specified event occurs?
What happens to a fee simple determinable estate when the specified event occurs?
Which of the following accurately describes a life tenant's responsibilities?
Which of the following accurately describes a life tenant's responsibilities?
What is a key feature of a less than freehold estate?
What is a key feature of a less than freehold estate?
What is true regarding commitments made by a life tenant?
What is true regarding commitments made by a life tenant?
What occurs upon the death of a life tenant, assuming a life estate is granted?
What occurs upon the death of a life tenant, assuming a life estate is granted?
Which of the following constitutes a fee simple subject to a condition subsequent?
Which of the following constitutes a fee simple subject to a condition subsequent?
In what scenario would an 'estate for years' be relevant?
In what scenario would an 'estate for years' be relevant?
Which statement about leasehold estates is true?
Which statement about leasehold estates is true?
What is the role of a principal in a contract?
What is the role of a principal in a contract?
What establishes a fiduciary relationship between an agency and a client?
What establishes a fiduciary relationship between an agency and a client?
Which statement correctly describes a customer in real estate terms?
Which statement correctly describes a customer in real estate terms?
When a listing agent represents a seller, what is their responsibility to the buyer?
When a listing agent represents a seller, what is their responsibility to the buyer?
What happens when a real estate broker enters into a contract with a buyer?
What happens when a real estate broker enters into a contract with a buyer?
What does the term 'attorney in fact' refer to?
What does the term 'attorney in fact' refer to?
What is the proper way for an attorney in fact to sign a document?
What is the proper way for an attorney in fact to sign a document?
Which of the following is NOT a duty of a real estate licensee towards a customer?
Which of the following is NOT a duty of a real estate licensee towards a customer?
What is a characteristic of puffing in real estate?
What is a characteristic of puffing in real estate?
What can lead to an agent being liable for damages incurred by a buyer?
What can lead to an agent being liable for damages incurred by a buyer?
Why are most real estate contracts required to be in writing?
Why are most real estate contracts required to be in writing?
What is meant by 'stigmatized property'?
What is meant by 'stigmatized property'?
What is a common guideline for real estate agents regarding listing agreements?
What is a common guideline for real estate agents regarding listing agreements?
What constitutes a valid contract in real estate?
What constitutes a valid contract in real estate?
What must an agent consider regarding timeframes in contracts?
What must an agent consider regarding timeframes in contracts?
What can happen if an owner does not disclose a stigmatized property?
What can happen if an owner does not disclose a stigmatized property?
Flashcards
Fixture
Fixture
Personal property that becomes real property because it is permanently attached to the land.
Severance
Severance
Changing an item from real property to personal property by detaching it from the land.
Annexation
Annexation
Adding to property by attaching an item to the property, creating a fixture.
Annexation (in real property)
Annexation (in real property)
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Personal Property
Personal Property
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Real Property
Real Property
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Method of Attachment
Method of Attachment
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Adaptability
Adaptability
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Fee Simple Determinable
Fee Simple Determinable
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Fee Simple Subject to a Condition Subsequent
Fee Simple Subject to a Condition Subsequent
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Life Estate
Life Estate
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Life Tenant
Life Tenant
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Estate in Reversion
Estate in Reversion
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Estate in Remainder
Estate in Remainder
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Less than Freehold Estate
Less than Freehold Estate
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Estate for Years
Estate for Years
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Assignment (in lease agreements)
Assignment (in lease agreements)
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Constructive Eviction
Constructive Eviction
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Property Manager
Property Manager
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Fiduciary Relationship (Property Management)
Fiduciary Relationship (Property Management)
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Net Income (Property Management)
Net Income (Property Management)
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Market Rent
Market Rent
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Concessions (in property leasing)
Concessions (in property leasing)
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Rent Due Date
Rent Due Date
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Client
Client
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Customer
Customer
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Fiduciary Relationship
Fiduciary Relationship
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Representing the seller
Representing the seller
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Attorney-in-fact
Attorney-in-fact
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Attorney-in-fact signature
Attorney-in-fact signature
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Attorney-in-fact for acknowledgments
Attorney-in-fact for acknowledgments
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Attorney-in-fact vs. lawyer
Attorney-in-fact vs. lawyer
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What is zoning?
What is zoning?
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What are zoning ordinances?
What are zoning ordinances?
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What is a setback?
What is a setback?
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What is a floor area ratio?
What is a floor area ratio?
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What is down-zoning?
What is down-zoning?
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What is a buffer?
What is a buffer?
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What is a buffer zone?
What is a buffer zone?
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What are special use properties?
What are special use properties?
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Puffing
Puffing
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Stigmatized Property
Stigmatized Property
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Contract
Contract
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Statute of Frauds
Statute of Frauds
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Listing Agreement
Listing Agreement
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Time for Performance
Time for Performance
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Liability
Liability
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Disciplinary Action
Disciplinary Action
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Study Notes
Real Estate Exam Key Concepts
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Introduction: The provided material focuses on key concepts for passing a real estate exam. It covers topics from introductions and disclaimers to government powers, contracts, and listings.
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Disclaimer: Students should consult state licensing authorities and pre-licensing courses for any conflicting information. The information in the book is not legal advice and a consultation with an attorney is recommended in legal matters.
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What is a License?: A license is a personal privilege granted to use land, typically revocable and not transferring with title. Examples include parking permits, movie tickets, or permission to fish.
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The -OR and -EE Rule: '-OR' refers to the person performing the action, while '-EE' refers to the recipient. For example, grantor/grantee, lessor/lessee, optionor/optionee, and vendor/vendee.
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Property Ownership Basics: Property ownership involves a bundle of rights, such as the right to use, transfer, lease, and mortgage the property.
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Fixtures: Items considered personal property originally, but attached to real property; now treated as real property. This is determined by MARIA (Method, Adaptability, Relationship, Intention, Agreement).
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Trade Fixtures: Equipment attached to real property that's used in a trade or business; these are typically considered personal property at lease termination.
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Encroachment: A structure or improvement on one property that intrudes onto another's property. Encroachments are a form of unlawful trespass.
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Emblements: Annual crops considered the tenant's personal property, even after lease ends.
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Water Rights: Rights concerning use and enjoyment of water sources. These vary (Riparian, Littoral, Correlative).
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Estates: Rights of ownership or possession lasting for a set duration (Freehold & Less Than Freehold). Freehold estates are ownership lasting for an undefined period; less than freehold are time specific. Examples: Fee Simple Absolute, Fee Simple Defeasible, Life Estate, Estate for Years, Periodic Tenancy, Estate at Will, & Estate at Sufferance.
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Leases: Different types of leases (Gross, Percentage, Net), lease options, and the legal ramifications.
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Easements: The right for one entity to use the land of another. Examples: Express Easements (created by express grant or reservation), Easement by Necessity, Easement in Gross, and Implied Easement.
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Government Powers: The four main powers of the government relating to land: Police Power, Eminent Domain, Taxation, and Escheat.
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Agency: Basics of relationships in real estate (principal, agent, and third parties). This includes the distinction between universal, general, and special agents and important duties to clients. Dual agency relationships and ethical considerations.
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Communication: Types of fraud in the context of real estate (Actual fraud, Negative fraud, Constructive fraud) and negligence in professional conveyance.
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Contracts: Essentials for valid contracts (capable parties, lawful object, consideration, offer, and acceptance). The different types of contracts (land contracts, sale contracts, lease/lease options, unilateral/bilateral), and terms involving them (contingency clauses, assignments, executed contracts, and executory contracts).
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Listings: Types of listing agreements (Exclusive Listing, Exclusive Authorization and Right to Sell Listing, and Exclusive Agency Listing).
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Valuation & Market Analysis: Discusses the concept of depreciation and its types (economic/functional obsolescence).
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Appraisal Methods: Discusses approaches to determining value (Cost, income, and market data).
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Financing: "Assume" vs "Subject to" mortgages and their ramifications.
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Investing: Advantages and disadvantages of investing in real estate. This includes terms for syndication, leverage, pyramiding, arbitrage, equity, and risk.
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Fair Housing & Other Laws: Discusses laws preventing housing discrimination and illegal acts such as blockbusting and steering, and important relevant legislation.
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Practice: The importance of thorough knowledge to pass the exam.
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