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Name four examples of public land use control.
- environmental restrictions
- eminent domain
- building codes
- subdivision regulations
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Explain what the zoning ordinance is and what it does.
Zoning ordinance is a regulation by local government to specify land usage for every parcel within the jurisdiction. The ordinance regulates density, land use intensity, aesthetics, and highest and best use.
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Name the 6 types of zone.
- residential
- commercial
- industrial
- agricultural
- public
- planned unit development (PUD)
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What types of cases does the Zoning Board of Adjustments deal with? 5
nonconforming use, variance, special exception conditional use permit, zoning amendment, and appeals
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Give an example of a legal and illegal nonconforming use.
Legal: A motel is situated in a residential area that no longer allows commercial activity. The zoning board rules that the motel may continue to operate until it is sold, destroyed or used for any other commercial purpose.
Illegal: That same motel is sold, and the new owner continues to operate the property as a motel.
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What conditions are necessary for a special exception to a zoning regulation?
The requested use must be beneficial or essential to the public welfare and may not materially impair other uses in the zone.
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What do subdivision regulations usually cover? 4
Location, grading, surfacing, alignment and widths of streets and highways
Sewer and water main installation Minimum dimensions of property lots
Setback lines for structures Areas reserved for public use, such as parks and schools
Public utility easements
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What do building codes typically address? 3
Architectural and engineering standards
Construction materials standards
Life safety systems, electrical systems, mechanical systems, utility systems
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What is the policy of concurrency?
The policy requires subdivision developers, at the same time as they are developing their projects, to make improvements that will minimize the negative impact of the project on municipal infrastructure.
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What does eminent domain allow a government to do?
Eminent domain allows a government entity to purchase a fee, leasehold, or easement interest in privately owned real property for the public good and for public use, regardless of the owner's desire to sell or otherwise transfer any interest. In exchange for the interest, the government must pay the owner "just compensation."
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What do deed restrictions do?
Deed restrictions place limits on how the property may be used.
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What is the Doctrine of Laches?
This doctrine states that if a property owner is lax in protecting his or her rights, the property owner may lose those rights.
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Give some examples of materials that are regulated as being harmful to air quality.
Examples are: asbestos, carbon monoxide, formaldehyde, lead, mold, radon
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Give some examples of materials that are regulated as being harmful to soil and water quality. 5
Examples are: dioxins, lead, mercury, MTBE, PCB.
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What responsibilities does a seller's agent have as a result of the Lead-based Paint Act of 1992?
Disclose known lead problems in properties built before 1978; give the buyer or lessee a HUD booklet about lead; provide relevant records.
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Planning objectives
- Control growth rates: how much growth will occur and at what rate
- Control growth patterns: type of growth desired, where it should be located
- Accommodate demand for services and infrastructure
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involves researching trends and conditions; blending local and state objectives into a master plan.
Plan develpopment
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Public land use management takes place within _____ and _____ planning departments. These departments are responsible for making rules and approving permits, codes, and development plans.
Country, municipal
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In most jurisdictions, a planning commission or board comprised of officials appointed by the government's legislative entity handles the planning function. The planning commission is responsible for:3
- Approving site plans and subdivision plans.
- Approving building permits.
- Ruling on zoning issues.
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_____refers to a "police power" granted by state-level enabling acts. These ordinance creates zones, usage restrictions, regulations, and requirements.
Zoning
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oversees rule administration and appeals.
The Zoning Board of Adjustment
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A plat of subdivision and relevant requirements must be met and approved. These must meet ___ requirements for insured financing.
FHA
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refer to comprehensive onsite and offsite construction and materials standards which must be met to receive a certificate of occupancy.
Building codes
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Private Land Use Control:
Deed restriction-
Deed condition-
Declaration restriction-
Restrictive covenants-
- Deed restriction- single-property use restriction as stipulated in a deed; may not be discriminatory.
- Deed condition- usage restriction that can trigger repossession by a previous owner if violated.
- Declaration restriction- usage restriction in multiple-property declarations; enforced by court injunction.
- Restrictive covenants- promises by those who purchase property in the subdivision to limit the use of their property.
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Who is usually responsible for site plans,subdivision plans, and building permits, and ruling on zoning issues
The planning commision
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Which legislation required environmental impact surveys on large development projects
National environmental policy act
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Why do some water authorities control building construction in flood zones
To keep from impeding flow of flood water
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What was an important result of the national environmental policy act of 1969
The environmental protection agency was created
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Which legislation holds current owners responsible for environmental violations of previous owners3
The comprehensive environmental response, compensation and liability act(CERCLA 1980) and Superfund Amendment 1986
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Year lead paint banned
1978
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The national environmental policy act of 1969 requires developers of large projects to
Conduct an environmental impact survey
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What environmental issues affect development?
Climate, soil, water, air quality, wind patterns, wood destroying insects, wetlands, environmental hazards, and geological hazards
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Give some examples of materials that are regulated as being harmful to soil and water quality.
Examples are: dioxins, lead, mercury, MTBE, PCB.
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Give some examples of materials that are regulated as being harmful to air quality.
Examples are: asbestos, carbon monoxide, formaldehyde, lead, mold, radon
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List three radon resistant features that can be included when a home is built.
Electrical junction box for fan
Gas permeable layer under slab flooring
Plastic sheetingSealing and caulking
Vent pipe
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List four ways the presence of environmental hazards such as asbestos, lead, and underground storage tanks can impact property development.
Hazards can modify or destroy land use.Hazards can decrease demand for property.
Hazards can cause physical damage to property or medical damage to occupants.
Hazards can leave stigma on property and community even after hazard has been removed.
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What is the principle purpose of the Superfund that was created by CERCLA?
The principle purpose for the Superfund is to clean up hazardous waste dumps and to respond to spills of hazardous materials.
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Explain what the National Environmental Policy Act of 1969 created and what the principle purpose of the Act is.
The Act created the Environmental Protection Agency (EPA) and gave them the mandate to establish environmental standards for land use planning. It also required environmental impact surveys on large development projects.
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What geographical influences affect development?
landslides, flooding, subsidence, earthquakes, topography, elevation, sit visibility and view
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What geographical hazard is potentially the most destructive and what can developers do to protect homes from this hazard?
Earthquakes – builders can bolt parts of the home's frame to the foundation, referred to as seismic retrofitting
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How does topography affect development for different land use applications?
Leveling rolling land may be too costly for commercial development but the same rolling hills may enhance residential development. Some rolling hills may only be useful for pastures in agriculture applications or only suitable for recreational or aesthetic purposes in other situations.
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is best known for its creation of the "Superfund." The principle purpose for the Superfund is to clean up hazardous waste dumps and to respond to spills of hazardous materials. The Superfund amendments also created a concept called innocent landowner defense.
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
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The mutual consent required for contract to be valid is reached through what process?
The process of offer and acceptance. When an offer is made by one party and the other party accepts the offer without amendment, then the offer becomes a valid contract.
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What is the difference between an offer and a contract?
An offer is a promise by one party based on the performance of the other party and becomes an actual contract after it is accepted and the other party has been notified of the acceptance.
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When may an offer be revoked?
An offer can be revoked anytime before the its acceptance has been communicated to the offeror.
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What six actions or circumstances can terminate an offer?
- Acceptance and conversion to a contract
- Rejection by offeree
- Revocation or withdrawal of the offer
- Expiration of offer
- Counteroffer that changes original offer
- Death or insanity of either party
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What are the four classifications of contracts?
- Mode of expression – oral or written
- Degree of explicitness – express or implied
- Degree of commitment – unilateral or bilateral
- State of fulfillment – executory or executed
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What is the difference between an express contract and an implied contract?
An express contract is one in which all the terms and covenants of the agreement have been clearly stated and agreed to by all parties, whether verbally or in writing.
An implied contract is an unstated or unintentional agreement that may be considered to exist when the actions of any of the parties suggest the existence of an agreement.
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In what classification of contract does only one party promise to do something provided the other party does something, with the second party not being obligated to perform any act?
Unilateral contract
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What are the five criteria of a valid contract?
- Competent parties
- Mutual agreement
- Lawful objective
- Consideration
- In writing
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Capacity to contract is determined by what three factors?
legal age, mental competency, legitimate authority
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What is required by the Statute of Frauds regarding contracts?
Certain contracts, such as real estate contracts, must be in writing to be enforceable.
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What does the mutual agreement require?
A contract must involve a clear and definite offer and an intentional, unqualified acceptance of the offer.
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What is a purchase and sale agreement?
A contract in which the buyers agree to purchase the property for a certain price and the seller agrees to transfer the title to the buyer using a deed or an assignment of lease.
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Why write a purchase and sale agreement?
If an offer is made without the agreement, the seller does not have all of the terms necessary to evaluate the offer. The seller could sign the offer, and it immediately becomes a contract and is enforceable without the buyer having an opportunity to include all the desired terms for the purchase of the property.
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Why is it important to have both spouses sign any agreements that relate to a sale of property?
In a community property state, both signatures are required for the sale to be valid. However, sometimes a married person might own property separately from his/her spouse, so that person can sell the property without the spouse's signature.
Since it is not up to the broker to determine if the property is separately owned or community property, it is best to have both spouses sign all documents anyway and let the legal professionals make the determination.
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What is important to note about the street address of a property when writing a purchase and sale agreement?
A street address is rarely enough. A complete legal description should be attached to the agreement.
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What does "time is of the essence" mean?
This phrase emphasizes the requirement that events related to the contract must be performed on time.
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Why is the condition of the title clause in a purchase and sale agreement important?
If the seller has a pending legal action, they may not be able to convey a clear title.
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What contract type is used when a purchase contract falls through or terminates and both parties release each other from liability?
A rescission contract
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Contract –
agreement between 2 parties who have promised to perform or refrain from performing some act.
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legally enforceable by meeting certain requirements.
Valid contract –
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expressed intention to enter into a contract with another party to perform the terms of the agreement in exchange for the offeree's performance.
Offer –
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– offeree manifestly and unequivocally accepts all terms of the offer without change.
Acceptance
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Offer vs. contract –
offer is promise by one party provided second party does what is requested; contract is when offer is accepted and other party is notified of acceptance.
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Counteroffer –
offeree changes any of the terms of the offer
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When an offer or counteroffer is accepted and the seller and/or buyer is notified of the acceptance, the offer becomes a ___ ___.
Valid contract
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Termination of offer; needs 6
- Offeree accepts offer
- Offeree rejects offer
- Offeror withdraws offer before acceptance
- Offer expires
- Counteroffer
- Death or insanity of either party
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Contract preparation – agent must be aware of what he/she is
legally allowed to do and not do in preparing and interpreting contracts.
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Contract classifications
oral vs. written – oral may or may not be ____ and ____; some contracts are required to be written
Valid enforceable
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Contract classifications
express –
all terms stated and agreed to by all parties
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Contract classification
implied –
unstated, unintentional agreement based on actions of any of the parties
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Contract classifications
bilateral –
both parties promise to perform their parts in exchange for other party performing
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contract classifications
unilateral –
only one party promises to do something; second party not obligated to perform
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Contract classifications
executed –
fully performed contract
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Contract classification
executory –
performance still to be completed
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Contract classifications
unconscionable –
unduly favors party with superior bargaining power; most likely not enforceable
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Contract classification
adhesion –
dictated by party with greater bargaining advantage; may or may not be enforceable
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Contract classification
aleatory –
effects of contract are dependent on chance
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Elements of contract
competent parties –
legal age, mental competency, legitimate authority (power of attorney)
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Elements of contract
mutual agreement –
all parties agree to terms without equivocation without undue influence
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Elements of contract
lawful objective –
content and intent of contract must be lawful
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Elements of contract
consideration –
– 2-way exchange of something of value as compensation for performance by other party
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Elements of contract
in writing –
in writing, contain legal description of property, be signed by one or more parties
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elements of contract
statute of fraud –
requires contract to be in writing to be enforceable
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Why do a purchase and sale agreement –
offer made without written agreement can be missing terms and can be accepted and become enforceable contract as is.
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Elements of purchase and sale agreement
parties to contract – everyone who has ownership interest in the property must _______
Sign the contract
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Elements of purchase and sale agreement
community property – both _______ must sign
– both husband and wife must sign
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Elements of purchase and sale agreement
joint tenants or tenants in common –______ must sign contract if entire property is being sold
All owners
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Elements of purchase and sale agreement
business owned – all ___ and ___on contract as well as partnership or corporation name, address, and state where organized or incorporated
Partners and spouses
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Elements of purchase and sale agreement
estate or trust – ____ or ____must sign
executor of estate or trustee
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Elements of purchase and sale agreement
condition of title – seller to provide marketable___ with title insurance; no liens or pending legal action
Title
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Elements of purchase and sale agreement
possession – date buyer will take possession of property; should be on____ to avoid potential problems
Closing date
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time is of essence –
requires terms of contract be completed on time
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Rescission contract –
when purchase contract terminates or falls through, both parties sign rescission contract agreeing they are rescinding the contract and are releasing each other from present and future liability.
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A contract is valid only if it
Includes consideration
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While the offer prices stated in the contract is important, this is just as important
How the price will be handled
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If seller wants to remain on property after closing date, what should the involved parties do
Enter into a rental agreement
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Mural agreement requires
A clear and definite offer and an intentional, unqualified acceptance of offer
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Which agreement binds the parties to the purchase during the time it takes to bring the transaction to a close
Purchase and sale agreement
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When the property being sold is part of an estate, who’s must sign the purchase and sale agreement
The executor of the estate
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All contracts to buy, sell , exchange, or lease interests in real property, other than a one year lease must
Meet the statute of frauds
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What document is used to make adjustments to an existing sale contract
Addendum
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A contract that conveys an interest in real estate must
Contain a legal description of the property
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If property is being sold as part of a trust, the ____ must be the one to sign all the appropriate documents
Trustee
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Buyer Bill has agreed to pay for a computer system after all hardware has been installed and operational. What type of contract does Bill hold
Executory
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A ____ contract is legally enforceable
Valid
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