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ACQUISITION FINANCING
a loan used to acquire, construct, or substantially improve a primary or secondary residence
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ADJUSTED SALES PRICE OF OLD HOME
the actual sales price less the expenses of the sale and fix up expenses
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AFFIRMATIVE DISCOVERY
duty of real estate agents to determine defects or other matters material to a transaction. Requires that taxpayers must move 50 miles farther than the distance between the old residence and the old job location in order to deduct moving expenses.
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ASBESTOS-CONTAINING MATRIALS (ACM)
materials used primarily to fireproof, insulate, and soundproof
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ASBESTOS
a strong, flexible, corrosion-resistant building material that will not burn
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ASBESTOSIS
a serious, chronic, noncancerous, respiratory disease caused by exposure to asbestos fibers
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ASSOCIATION OF REAL ESTATE LICENSE LAW OFFICIALS (ARELLO)
organization of real estate regulators
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BASIS OF THE OLD HOME
includes the original cost of the home to the taxpayer, commissions, and other expenses incurred in its purchase, the cost of any improvements and the post poned gain (if any) from the sale of a previous home
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BLOCKBUSTING
also called panic peddling, this unlawful practice involves inducing individuals to sell or rent any dwelling representation regarding the entry or prospective entry into the neighborhood of a person or persons of particular race, color, religion, national origin, sex, disability, or familiar status
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BROKERAGE RELATIONSHIP DISCLOSURE ACT (BRDA)
Effective on October 1, 1997, this law requires certain disclosures by Florida real estate licensees regarding their relationships with consumers, also prohibits dual agency. Provides a statewide uniform system for ratings. The rating system applies to all public, commericial, and existing residential buildings in the state and may be applied to new residential buildings
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BUYER BROKERAGE
real estate firms that specialize in representing buyers
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CAPITAL GAIN
profit derived from the sale of a capital asset, such as real estate
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CAVEAT EMPTOR
literally "buyer beware" a doctrine no longer accepted in residential real estate transactions because sellers and their agents must disclose material defects
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CONSUMER INTEREST
nondeductible interest paid on loans for goods such as cars
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COPYRIGHT INFRINGEMENT
theft of protected (copyrighted or trademarked) information
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COST OF THE NEW HOME
includes 1) the purchase price plus the cost of all capital improvements or the cost of construction completed during the 48 month replacement period and 2) expenses of acquiring the home
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CUSTOMER
the consumer the agent works with but does not represent nor owe a fiduciary obligation
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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (DBPR)
the Florida state agency that oversees the Division of Real Estate DRE and other divisions that regulate business and professional licensees
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DISCOUNT POINTS
prepaid interest that is tax deductible
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DIVISION OF REAL ESTATE (DRE)
the Florida state agency empowered to enforce on a daily basis the rules and regulations imposed by the FREC
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DUAL AGENCY BROKERAGE
a real estate firm that represents both buyers and sellers in the same transaction
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DUAL AGENCY
an unlawful relationship in which an agent or agency represents both the buyer and seller in the same transaction
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ELECTRIC AND MAGNETIC FIELDS (EMF'S)
invisible lines of force that surround any electrical device
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EQUITY FINANCING
any type of loan that does not qualify as acquisition financing
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EXPENSES OF SALE OF OLD HOME
includes sales commissions, advertising expenses, attorney and legal fees and similar expenses incurred in selling the old home
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FAMILIAR STATUS
an adult with children under 18, a pregnant person, or a person who has legal custody of a child or is in the process of obtaining such custody
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FIDUCIARY DUTIES
duties such as confidentiality, accounting, and loyalty that an agent owes to a client
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FIRST SUBSTANTIVE CONTACT
the time at which agents must make disclosures about their potential agency relationship with consumer usually prior to any information from the consumer that might be considered confidential
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FLORIDA ASSOCIATION OF REALTORS (FAR)
the state professional organization that provides educational and professional benefits to its members; a chapter of the National Association of Realtors
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FLORIDA REAL ESTATE COMMISSION (FREC)
a regulatory agency that implements and enforces state real estate licensing laws
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FRIABLE ASBESTOS
asbestos that is dry and crumbling a condition more likely to release fibers
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HABIT
the practice of being a good person so that doing the right thing becomes an unconscious practice
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HANDICAP
any physical or mental impairment that substantially limits one or more life functions
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IMPROVEMENTS
any new item made a permanent part of the real estate or any item that is an actual improvement over an old item for example a new kitchen, new plumbing fixtures, a new pool, or new flooring
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IN-HOUSE SALE
a transaction in which the listing agent and the selling agent work for the same firm
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INSTALLMENT SALE
a method of seller financing where payments are recieved by the seller in 2 or more tax years
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JURISDICTIONAL INTENT
a determination by state regulators that an agent was providing real estate services within their state, possibly without proper licenser
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LATENT OR HIDDEN DEFECTS
material defects that are not readily observable but which must be disclosed prior to closing
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LEAD BASE PAINT
a type of paint used in residential property prior to 1978 and a potential health hazard particularly to young children
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LICENSE RECIPROCITY
a recogniion by one territory or state that licensing i another territory is equal to that of their own jurisdiction, Florida does not practice license reciprocity
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MARGINAL TAX BRACKET
the level of income tax of a given individual as indicated by the amount of taxes he/she pays on his/her final dollar of a taxable income also called tax rate
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MATERIAL DEFECTS
property problems or issues that must be disclosed to real estate consumers
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MOLD
an often fuzzy looking fungus that grows on the surface of organic materials in damp locations both indoors and outdoors, digesting that surface in order to survive
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MORAL COMPETENCE
the ability to turn moral judgement and feeling into effective moral action
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MOVING EXPENSES
cost such as mileage and lodging, which may be deductible
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MULTIPLE LISTING SERVICE (MLS)
a database of information on regional real estate transactions, such as current listings and pending sales
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MUTUAL RECOGNITION LICENSING AGREEMENTS
understanding between territories or states that permit out-of-state licensees to more easily obtain licensing in another jurisdiction, Forida practices mutual recognition but not reciprocity
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NOTICE OF NONREPRESENTATION DISCLOSURE FORM
since 1997 a form all real estate licensees are required to provide to any potential seller or buyer at first contact. A now-obsolete method of avoiding capital gain tax if the taxpayer was atleast 55 years old
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PICOCURIES PER LITER (pCi\L)
measure of radon levels
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POLYBUTYLENE (PB) PIPING
flexible, easy to cut gray, silver, or black plastic used in piping
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PROTECTIVE OR RESTRICTIVE COVENANTS
restrictions on lot or unit owners' use of their properties, often imposed to maintain resale value
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R-VALUE
measure of insulation in thermal resistance
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RADON GAS
a naturally occuring, colorless, odorless gas emanating from the earth
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REDLINING
an unlawful action by lenders that denies or makes different terms or conditions for home loans
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ROLLOVER RULE
a now-obsolete method of deferring capital gain tax if the taxpayers were to purchase another residential property within 24 months
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SELLER BROKERAGES
real estate firms that specialize in representing sellers only
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SELLER PROPERTY DISCLOSURE FORM
an optional disclosure of property defects prepared by the seller, brokerage firms that will represent either the buyer or the seller but will not represent both parties in the same transaction
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SPAM
unsolicited email also called junk mail
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STEERING
also called channeling, this unlawful action involves representing to any person because of race, color, religion, national origin, sex, disability, or familial status that any dwelling is not available for inspection, sale, or rental when the dwelling is in fact available
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STIGMATIZED PROPERTIES
properties with intangible problems that may affect property value but may not have to be disclosed to consumers (such as ghost)
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SUBAGENCY
typically a situation in which the agent works with a buyer-customer but represents the listing of a client cooperating firm; often led to undisclosed dual agency
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TOXIC MOLD
a type of fungus thought to be a health risk
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TRANSACTION BROKER
a licensee who represents neither the buyer nor the seller in a real estate transaction
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UNDISCLOSED DUAL REPRESENTATION
representing both buyer and seller in the same transaction without their full knowledge and consent
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WILL
mobilizing the energy to do what we think we should
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WORK TEST
requires that employees must work 39 wees full time in the new market during the 52 week period after the move in order to deduct moving expenses
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