Zoning and Property Management Basics

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

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?

  • Government (correct)
  • Residential
  • Commercial
  • Industrial

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?

<p>The ratio of square footage to land area (B)</p> Signup and view all the answers

Which of the following best describes a 'buffer zone'?

<p>A space between two different use districts (D)</p> Signup and view all the answers

Which statement about down-zoning is true?

<p>It allows for less intensive developments than allowed previously (B)</p> Signup and view all the answers

What component of zoning ordinances deals with the number of houses built per acre?

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

What does zoning as a police power refer to?

<p>Laws created to maintain public health and safety (B)</p> Signup and view all the answers

What happens to the responsibilities of a lease if one of the parties dies?

<p>They may pass on to the heirs of the deceased. (A)</p> Signup and view all the answers

What distinguishes an assignment from a sublet in a lease agreement?

<p>An assignment transfers rights; a sublet does not. (C)</p> Signup and view all the answers

Which situation would likely be considered constructive eviction?

<p>A landlord provides insufficient heat during winter. (B)</p> Signup and view all the answers

What is the primary goal of a property manager?

<p>To generate the highest net income while maintaining property value. (B)</p> Signup and view all the answers

What is typically required for property management agreements?

<p>They are usually required to be in writing. (A)</p> Signup and view all the answers

In property management, who is responsible for maintaining good relationships with tenants?

<p>The property manager. (C)</p> Signup and view all the answers

Which of the following is NOT a duty of a property manager?

<p>Fixing plumbing issues personally. (B)</p> Signup and view all the answers

When is rent due if the lease does not specify a date?

<p>The last day of the leasing period. (D)</p> Signup and view all the answers

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

<p>Movable property (A)</p> Signup and view all the answers

What does 'severance' imply in real property law?

<p>The process of detaching property from land (D)</p> Signup and view all the answers

Which of the following best describes a 'fixture'?

<p>Personal property that becomes real property (C)</p> Signup and view all the answers

What does the acronym MARIA stand for in determining fixtures?

<p>Method, Agreement, Relationship, Intention, Adaptability (C)</p> Signup and view all the answers

Which of the following is NOT a criterion used to determine if an item is a fixture?

<p>Market value (D)</p> Signup and view all the answers

Under what condition can a sink be considered a fixture?

<p>When it is permanently attached to the plumbing outlet (A)</p> Signup and view all the answers

What is meant by 'annexation' in property law?

<p>Attaching a personal property item to real property (B)</p> Signup and view all the answers

Which example best illustrates the concept of real property?

<p>A chandelier hung from the ceiling (C)</p> Signup and view all the answers

What happens to a fee simple determinable estate when the specified event occurs?

<p>The estate automatically reverts to the grantor. (D)</p> Signup and view all the answers

Which of the following accurately describes a life tenant's responsibilities?

<p>A life tenant must maintain the property and pay taxes. (D)</p> Signup and view all the answers

What is a key feature of a less than freehold estate?

<p>It is held for a limited period of time. (B)</p> Signup and view all the answers

What is true regarding commitments made by a life tenant?

<p>A life tenant cannot commit waste to the property. (B)</p> Signup and view all the answers

What occurs upon the death of a life tenant, assuming a life estate is granted?

<p>The property returns to the original owner if specified. (C)</p> Signup and view all the answers

Which of the following constitutes a fee simple subject to a condition subsequent?

<p>The estate remains unless a specific condition is violated. (A)</p> Signup and view all the answers

In what scenario would an 'estate for years' be relevant?

<p>When a leasehold interest is established for a fixed duration. (A)</p> Signup and view all the answers

Which statement about leasehold estates is true?

<p>Leasehold estates can be bought and sold on the open market. (D)</p> Signup and view all the answers

What is the role of a principal in a contract?

<p>Any individual involved in a contractual agreement (B)</p> Signup and view all the answers

What establishes a fiduciary relationship between an agency and a client?

<p>Signing an agreement with the agency (C)</p> Signup and view all the answers

Which statement correctly describes a customer in real estate terms?

<p>A party that uses services without signing any agreement (A)</p> Signup and view all the answers

When a listing agent represents a seller, what is their responsibility to the buyer?

<p>To ensure the buyer understands the seller is the client (A)</p> Signup and view all the answers

What happens when a real estate broker enters into a contract with a buyer?

<p>The seller becomes the agent's client while the buyer is a customer (D)</p> Signup and view all the answers

What does the term 'attorney in fact' refer to?

<p>An individual empowered to sign documents for another person (C)</p> Signup and view all the answers

What is the proper way for an attorney in fact to sign a document?

<p>Including their own name followed by the principal's name (D)</p> Signup and view all the answers

Which of the following is NOT a duty of a real estate licensee towards a customer?

<p>To negotiate contracts on behalf of the customer (D)</p> Signup and view all the answers

What is a characteristic of puffing in real estate?

<p>It involves exaggeration to promote a sale. (D)</p> Signup and view all the answers

What can lead to an agent being liable for damages incurred by a buyer?

<p>Selling a stigmatized property without disclosure. (A), Engaging in puffing about the property. (D)</p> Signup and view all the answers

Why are most real estate contracts required to be in writing?

<p>To comply with the statute of frauds. (C)</p> Signup and view all the answers

What is meant by 'stigmatized property'?

<p>A property undesirable for non-physical reasons. (D)</p> Signup and view all the answers

What is a common guideline for real estate agents regarding listing agreements?

<p>They must be written to ensure compensation for services. (D)</p> Signup and view all the answers

What constitutes a valid contract in real estate?

<p>A written agreement stating the terms clearly. (D)</p> Signup and view all the answers

What must an agent consider regarding timeframes in contracts?

<p>Every contract must contain a time for performance. (D)</p> Signup and view all the answers

What can happen if an owner does not disclose a stigmatized property?

<p>The owner may also face liability for damages. (A)</p> Signup and view all the answers

Flashcards

Fixture

Personal property that becomes real property because it is permanently attached to the land.

Severance

Changing an item from real property to personal property by detaching it from the land.

Annexation

Adding to property by attaching an item to the property, creating a fixture.

Annexation (in real property)

A term used to describe the manner in which a chattel is joined to property, becoming a fixture.

Signup and view all the flashcards

Personal Property

Moving property that goes with the person, such as furniture or clothes.

Signup and view all the flashcards

Real Property

Immovable property that goes with the land, such as a house or the ground it sits on.

Signup and view all the flashcards

Method of Attachment

Items attached to the property by nails, glue, cement, pipes, wires, or screws. The method makes them part of the real estate.

Signup and view all the flashcards

Adaptability

How well-suited an item is to the property and whether its removal would cause damage.

Signup and view all the flashcards

Fee Simple Determinable

A type of ownership where the land goes back to the grantor automatically if a specific event happens.

Signup and view all the flashcards

Fee Simple Subject to a Condition Subsequent

A type of ownership where the grantor can reclaim the property if a specific condition is broken, but they have to take legal action.

Signup and view all the flashcards

Life Estate

An estate that lasts for the life of a specific person, either the owner or another individual.

Signup and view all the flashcards

Life Tenant

The person who holds a life estate and benefits from the property.

Signup and view all the flashcards

Estate in Reversion

The right of the original owner to regain ownership of the property after the life estate ends.

Signup and view all the flashcards

Estate in Remainder

The right of a third party to inherit the property after the life estate ends.

Signup and view all the flashcards

Less than Freehold Estate

An ownership interest where the owner rents or leases the property. It's also called a leasehold estate.

Signup and view all the flashcards

Estate for Years

A lease with a set duration, often called a 'tenancy for years'.

Signup and view all the flashcards

Assignment (in lease agreements)

A transfer of contract rights, meaning the new tenant takes over the original lease agreement and all its obligations.

Signup and view all the flashcards

Constructive Eviction

When a landlord does something (or fails to do something) they're legally obligated to do, making the property uninhabitable and forcing the tenant to leave.

Signup and view all the flashcards

Property Manager

A person or company hired by a property owner to manage the day-to-day operations of a property.

Signup and view all the flashcards

Fiduciary Relationship (Property Management)

A relationship where one party (the property manager) acts on behalf of another (the property owner) with a duty to prioritize the owner's best interests.

Signup and view all the flashcards

Net Income (Property Management)

The highest income the property can generate after all expenses are deducted.

Signup and view all the flashcards

Market Rent

The rent a property should command based on market conditions.

Signup and view all the flashcards

Concessions (in property leasing)

A reduction in rent offered by a landlord to attract tenants.

Signup and view all the flashcards

Rent Due Date

A contract that states when rent payments are due. If the lease doesn't specify, rent is due on the last day of the lease period.

Signup and view all the flashcards

Client

A person who has signed an agreement with a real estate agency, creating a fiduciary relationship. They are represented by the agency.

Signup and view all the flashcards

Customer

A party who uses the services of a real estate licensee but doesn't have a signed agreement with the agency. No fiduciary relationship is created.

Signup and view all the flashcards

Fiduciary Relationship

This relationship exists between a real estate agent and their client. It requires the agent to act in the best interest of the client.

Signup and view all the flashcards

Representing the seller

When a real estate agent represents the seller, they are obligated to ensure the buyer understands they are working for the seller's interests.

Signup and view all the flashcards

Attorney-in-fact

A person authorized to sign documents on someone's behalf. Their signature includes both their name and the name of the person they are representing.

Signup and view all the flashcards

Attorney-in-fact signature

Their signature often includes both their name and the principal's name. They are only authorized to act for the principal in the specific act of signing.

Signup and view all the flashcards

Attorney-in-fact for acknowledgments

An attorney-in-fact can be used for various documents, including acknowledgments, confirming a real estate transaction.

Signup and view all the flashcards

Attorney-in-fact vs. lawyer

An attorney-in-fact is not a practicing lawyer. They are simply authorized to sign documents on behalf of another.

Signup and view all the flashcards

What is zoning?

A legal tool that regulates how land is used and developed, helping to maintain order and safety within communities. Local governments create and enforce zoning regulations.

Signup and view all the flashcards

What are zoning ordinances?

A set of laws that govern how high buildings can be, how far they need to be from property lines (setbacks), and how many homes can be built per acre (density).

Signup and view all the flashcards

What is a setback?

The distance a building must be set back from the street or sidewalk. It helps create open space and keeps buildings from being too close together.

Signup and view all the flashcards

What is a floor area ratio?

A measure used in zoning to limit how much building space can be used on a piece of land, calculated as a ratio of building square footage to land area.

Signup and view all the flashcards

What is down-zoning?

A type of zoning change that allows less intensive developments than what's currently permitted. For example, changing a commercial area to residential.

Signup and view all the flashcards

What is a buffer?

A space between two areas with different uses, often containing features like fences, walls, or trees. It helps separate the areas and reduce noise or visual disturbances.

Signup and view all the flashcards

What is a buffer zone?

A larger area of open space that separates two use districts, such as a park, playground, or a highway.

Signup and view all the flashcards

What are special use properties?

Examples of special use properties include schools, hospitals, and police stations. These properties provide essential services to the public.

Signup and view all the flashcards

Puffing

A statement made by a real estate agent that exaggerates the positive qualities of a property to encourage a sale, usually not considered binding or fraudulent.

Signup and view all the flashcards

Stigmatized Property

A property that has a history or reputation that may make it less desirable to potential buyers, even if it is physically sound. Examples include a previous murder or suicide.

Signup and view all the flashcards

Contract

A legally binding agreement between two or more parties to do or not do something specific. It can be verbal or written.

Signup and view all the flashcards

Statute of Frauds

A legal requirement that certain types of contracts, like real estate agreements, must be in writing to be enforceable.

Signup and view all the flashcards

Listing Agreement

A written document that formally establishes the terms of an agreement between a seller and a broker, outlining the broker's responsibilities and compensation.

Signup and view all the flashcards

Time for Performance

A specific deadline or time limit that must be met to fulfill the terms of a contract. For example, a closing date for a real estate transaction.

Signup and view all the flashcards

Liability

A legal situation where an individual or entity is held responsible for damages or losses caused by their actions.

Signup and view all the flashcards

Disciplinary Action

An action taken by a real estate agent that violates regulations or ethical codes, potentially leading to disciplinary action or loss of their license.

Signup and view all the flashcards

Study Notes

Real Estate Exam Key Concepts

  • 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.

  • 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.

  • 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.

  • 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.

  • Property Ownership Basics: Property ownership involves a bundle of rights, such as the right to use, transfer, lease, and mortgage the property.

  • 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).

  • Trade Fixtures: Equipment attached to real property that's used in a trade or business; these are typically considered personal property at lease termination.

  • Encroachment: A structure or improvement on one property that intrudes onto another's property. Encroachments are a form of unlawful trespass.

  • Emblements: Annual crops considered the tenant's personal property, even after lease ends.

  • Water Rights: Rights concerning use and enjoyment of water sources. These vary (Riparian, Littoral, Correlative).

  • 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.

  • Leases: Different types of leases (Gross, Percentage, Net), lease options, and the legal ramifications.

  • 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.

  • Government Powers: The four main powers of the government relating to land: Police Power, Eminent Domain, Taxation, and Escheat.

  • 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.

  • Communication: Types of fraud in the context of real estate (Actual fraud, Negative fraud, Constructive fraud) and negligence in professional conveyance.

  • 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).

  • Listings: Types of listing agreements (Exclusive Listing, Exclusive Authorization and Right to Sell Listing, and Exclusive Agency Listing).

  • Valuation & Market Analysis: Discusses the concept of depreciation and its types (economic/functional obsolescence).

  • Appraisal Methods: Discusses approaches to determining value (Cost, income, and market data).

  • Financing: "Assume" vs "Subject to" mortgages and their ramifications.

  • Investing: Advantages and disadvantages of investing in real estate. This includes terms for syndication, leverage, pyramiding, arbitrage, equity, and risk.

  • Fair Housing & Other Laws: Discusses laws preventing housing discrimination and illegal acts such as blockbusting and steering, and important relevant legislation.

  • Practice: The importance of thorough knowledge to pass the exam.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

Real Estate Exam Prep PDF

More Like This

Types of Zoning Regulations
18 questions
Zoning and Land Use Controls Quiz
15 questions
Use Quizgecko on...
Browser
Browser