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Acre
- 43,560 Square Feet
- 160 Square rods
- 4840 Square Yards
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1031 Exchange
Owners of business and investment Real Estate to sell their property and buy other like kind property without paying the Capital Gains Tax.
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3 Types of Appraisals
- Market Data Approach - Sales comparison
- Cost Approach - Caculate the reproduction cost of improvements, subtract the deprecation on improvements, add the land value.
- Capitalization Approach - Income - Estimates the future value of a current or estimated stream of income.
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4 Elements of Value - DUST
- Demand for the type of Property
- Utility - Desirable use the property offers
- Scarcity of properties available
- Transferbility of the property to a new owner.
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4 Levels of Appraisers Licenses
- 1) Trainee Appraiser
- 2) Residential Appraiser
- 3) Certified Residential appraiser
- 4) Certified General Appraiser
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4 Steps of Appraisal Process
- 1) Definition of the Appraisal Problem
- 2) Gathering Data (General Data by region, city, neighborhood & Specific Data, location, lot, house improvements
- 3)Three Appraisal methods (Market Comparison, Cost Approach & Income Approach)
- 4) Correlation of Reconciliation of Value & final opinion of value (The Appraisal Report)
- An orderly process is defined, planned, and the data is gathered, analyzed, and correlated to estimate the value.
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4 Utilities of joint Tenancy (TTIP)
- Time - interest must be acquired at the same time.
- Title - interest must be acquired by the same document.
- Interest - Ownership interest are always equal, benifits and burdens.
- Possession - undivided interest, right to use the entire property.
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5 Tests of Fixture (MARIA)
- Method to determine if an item is a fixture.
- Method of attachment
- Adaptability
- Relationship of the parties
- Intention
- Agreement
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Acknowledgement
- All documents must be acknowledged before recorded.
- Refers to a signed or verbal statement by the named person that he/she has signed that document of his/her own free will in the presence of a witness, usually a Notary Public.
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Ad Valorem
- A latin word meaning Taxed "according to value".
- A tax that is charged in proportion to the value of the property.
- Real property is reassessed each time it is transferred (sold) at 100% of its selling price or market value, if it is higher.
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Adjustable Rate Mortgage (ARM)
(or Trust Deed) is a loan is which the interest rate fluctuates periodically, based on a specific index, which makes the payment amount also change.
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Administrator/Administratix
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Adverse Possession
- Transfer title to property to someone other than the true owner.
- Occupy for a five year period.
- Open, notorious, contunious, hostile, under claim of right or color of title, adverse to the interest of the true owner.
- Must pay all property taxes during the 5 year period.
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Agency
- Legal relationship between principle and agent that arises out of a contract.
- Employed to do certain acts on behalf of the prinicpal who retained the agent to deal with a third party.
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Allienation Clause
A clause in a mortgage or deed of trust that allows the lender to call the loan if the borrower transfers title to the property.
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Alienation
Transfer ownership of a property to another, either voluntarily or involuntarily.
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Alquist-Priolo
- This is a zoning act designed to control the development in the vicinity (1/4 mile wide strip) of hazardous earthquake faults for the benefit of public safety for the entire state of California.
- Developments or structures in existence prior to 5/4/75, are not affected.
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Amenities
Are those improvements or views that increase the desirability or enjoyment rather than the necessities of the residents. Usually single-family residences.(Ocean/mountain view, city lights, jacuzzis, swimming pools, and tennis courts).
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Americans with Disabilities Act (ADA)
- Is a Federal Civil Rights law that applies to people with disabilities and protects them from discrimination.
- Fines up to $10,000 first time violators, up to $25,000 for second offense within 5 years and up to $50,000 for a third offense within 7 years.
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Annual Percentage Rate (APR)
- The relationship between the total of the finance charges (interest rate, points, and the loan fee) and the total amount financed, expressed as a percentage.
- According to the Federal Truth in Lending Act, the lender must disclose the annual percentage rate of a loan which is the cost of credit, including interest and other financing costs, expressed as an annual rate.
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Appraisal
An opinion of value as of a certain date; a conclusion resulting from the analysis of facts.
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Appurtenances
- Rights or property that are ordinarily transferred with land and used for its benefit, such as easements.
- Belongs to, goes with, or runs with the land.
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Assignment
Transfers the contract rights and obligations of one of the parties to another person. A listing agreement cannot be transferrred due to the nature of the obligation imposed.
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Avulsion
Soil added to land by an action of a body of water.
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Bilateral Contract
Both parties exchange promises to do or refrain from doing something. A real estate sales contract is a bilateral contract because both sides have an obligation to perform.
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British Thermal Units (BTU's)
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Contractor State License Law
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Fictitious Business Name (DBA)
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Foreign Investment in Real Property Tax Act (FIRPTA)
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Gross Lease
A lease in which the tenant pays only a fixed amount for rental and the landlord pays all aperating expenses and taxes.
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Holographic Will
Entirely in the testator's handwriting and requires no witnesses.
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Intestate
- Died without a will.
- Community property - surviving spouse.
- Seperate property - Spouse if no children exist. If one child, divided equally between spouse and child. If two or more children exist, one third goes to the spouse and two-thirds is divided between the children.
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Joint Tenancy
- Co-ownership that gives each tenant equal interest and equal rights in the property.
- Right of survivorship.
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Less-than-freehold Estates
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Liquidated Damages Clause
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Lis Pendens
Suit Pending - A public notice that a lawsuit has been filed that may affect the title to a particular piece of property.
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Minimum Report Requirements
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Mobile Home (Manufactured Home)
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Monuments
A fixed, visable marker used to establish boundaries for a survey.
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Natual Hazard Disclosure (NHD)
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Neighbor Shopping Center vs Major Shopping Center
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Net Lease
A lease that requires the tenant to pay maintenance and operating expenses, as well as rent.
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Novation
Redrafting of the agreement, substituting the new one for the old one.
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Police Power
The right of the government to enact laws, ordinances, and regulations to protect public health, safety, welfare, and morals.
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Preliminary Public Report
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Principle
- 1. One who authorizes another to act on his or her behalf.
- 2. One of the contracting parties to a transaction.
- 3. The amount of money borrowed in a loan, seperate from the interest charged.
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Principle of Contribution
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Principle of Highest and Best Use
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Principle of Substitution
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Principle of Supply and Demand
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Probate
The judicial procedure of proving the validity of a will.
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Quitclaim Deed
A conveyance where the grantor transfers with warranty or obligations whatever interest or title he or she may have.
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Real Estate Recovery Fund
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Rumford Act (Now called the CA Fair Employment & Housing Act)
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Safety Clause
Stipulates that listing agents earn their commission if the property is sold within a specified period after the listing agreement has terminated. Agent must provide a list within 3 days after the listing is terminated.
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Syndicate
- A group formed to combine funds for real estate investment.
- Can be partnership, corporation, limited liability company, tenance in common, or other.
- A trust may be created to hold and manage property.
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Straight Line Method of Deporeciation
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Township
A division of land, measuring 36 square miles, in the government survey system.
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Trade Fixtures
An item of personal property instaqlled by a commercial tenant and removable upon expiration of the lease.
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Transfer Disclosure Statement
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Underwriting
The process of evaluating a loan application to determine the risk involved for the lender.
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Value (DUST)
- Demand - for the type of property
- Utility - desirable use the property offers
- Scarcity - of properties available.
- Transferability of the property to a new owner.
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Vendor
- The seller
- The property owner
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Void
- A contract not legallhy enforceable
- The absence of a valid contract
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Voidable
A contract that appears to be valid bus subject to cancellation by on or both of the parties.
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Zoning
The exercise of regulating and controlling the use of a property in a municipality.
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Estates
- Freehold - Ownership interest where title passes to another, includes fee simple and life estates.
- Fee Simple - Highest, most complete form of ownership and inheritable.
- Life Estate - last only for the life of the holder of the estate.
- Non-freehold - personal rights and do not involve property ownership. Leashold interest.
- Estate for years - Fixed termination date, could be up to 99 years or a few hours.
- Estate at will - Allows either party to terminate the agreement at any time. California requires 30 day notice.
- Estate from Period to Period - renews itself automatically from period to period, unless notice is given to terminate.
- Estate at sufferance - at the end of the lease, against the wishes of the owner, the tenant remains in possession of the property.
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Accession
- Property lost by natural forces.
- Erosion - gradual wearing away of the land.
- Avulsion - violant tearing away of land, whereby the owner of the lost property has one year to reclaim the lost land.
- Reliction - water recedes from the property and newly exposed land belongs to the property.
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Unilateral contract
One party makes a promise and the other party does not promise, but can make a contract a binding agreement by taking some action.
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Discharged
When all the terms of the contract have been fulfilled.
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Rescission
Mutual agreement to cancel the agreement.
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Property Tax
- 1% of value of the assessed value.
- On January 1, a lien is placed on property for the next fiscal year's taxes.
- July 1 through June 30 is the tax fiscal year.
- November 1, the first installment of property tax is due.
- After 5 PM on December 10 the first installment becomes delinquent if unpaid.
- February 1, the second installment is due.
- After 5 PM on April 10, the second installment of property tax becomes delinquent if unpaid.
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Grantor
One who conveys title to real property; the present owner.
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Grantee
One who receives title to real property.
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Up Zoning
Change to a broader range of uses, such as a vchange from residential to commercial.
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