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66 Cards in this Set

  • Front
  • Back

Percentage Rent

All or part of the rental is based on the gross receipts of the tenants business estate

Estate for years

A lease with a definite begging and ending date lease

Lease

The instrument used to create the leasehold estate

Graduated Lease

A lease in which payments begins at a lower, fixed rate but gradually increase as the lease matures

Net lease

A lease in which the tenant pays rent plus expenses to pay for taxes, insurance, repairs and utilities

Leasehold estate

Gives the tenant possession without ownership


Therefore, it is a non-freehold estate

Periodic Tenancy

A lease that renews itself automatically for like periods. Month-to-month is a typical example

Tenancy at sufferance

When the holdover tenant (one who’s lease has ended and refuses to leave) is occupying the leased property against the owners will

Tenancy at will

A leasehold in which a tenant occupies real estate with the permission of the owner for an uncertain or unspecified length of time .

Gross lease

A lease of property where the landlord pays charges regularly incurred in owners such as taxes, insurance l, utilities and repairs. The tenant only pays rent

Gross lease

A lease of property where the landlord pays charges regularly incurred in owners such as taxes, insurance l, utilities and repairs. The tenant only pays rent

Lease Option

Allows the tenant to buy the property at a present price and terms for a given period


This can also be called a lease with an option to buy

Sale and leaseback

One party sells the property then leases it back, usually for a long-term lease, freeing up capital for the investor-seller

Cash flow report

A list of all cash that was received and all expenses paid out during a reporting period

Preventive maintenance

Servicing a property and it’s equipment in order to prevent mechanical failure and keep property values high

Operating statement

Compared each category of income and expense to a prior period’s report so that trends can be identified

Management agreement

The property manager’s employment contract with the owner

Deferred Maintenance

Deterioration of a property due to delayed maintenance

Property manager

Hired by a investor to handle their property.


They are either a employee or general agent to the owner

Commingling

The act of mixing a client’s funds with a brokers business or personal funds

Trust account

Contain the funds of numerous clients and properties as long as the broker properly accounts for them

Title

Evidence of an individual’s right to possess land

Deed

Document that conveys an interest in real estate from one party to another

Patent

Transfers ownership from the government to a individual

Will

A written expression of an individual’s desire of how his/her property will be distributed after death

Partition

Divides property between joint tenants

Clear or Good Title

Title that can be transferred to another

Clear or Good Title

Title that can be transferred to another

Marketable title

Title that a reasonable buyer would accept as clear

Equitable title

An interest created by a legal document, such as that held by a buyer with a signed sales contract, who has not yet gone to closing. The buyer has an equitable estate or equitable title

Torrents system

A property owner obtains a certificate like an automobile title that is recorded in the public records


Texas does not use this system

Chain of title

The history or list of all recorded owners back to the sovereignty of the soil meaning all owners since the title of the property was first transferred from the government to an individual

Cloud on the title

Created when there is a break (any claim or encumbrance)


A property under this cloud cannot be conveyed until the cloud is removed

Title commitment

A statement of the condition of the title at a moment of time. It obligates the title company to issue a policy of insurance after any curative requirements have been met

Alienation

Any change in the ownership of real property


Can be voluntary or involuntary

Devise

Real property conveyed by will

Interstate succession

Occurs when an individual dies, leaving to valid will aka dies intestate and their property will be disposed under the provisions of the Texas Statute of Descent and Distribution

Descent

Someone who receives property through the Texas Statute of Descent and Distribution after a family member dies intestate

Probate

The formal judicial proceeding to prove or confirm the validity of a will to collect the assets of the decedents estate, to pay the debts and taxes and to determine the persons whom the remainder of the estate is to pass

Constructive notice

The legal concept that a person received notice of a document or event even though the actual notice was not delivered directly to him or her

Assemblage or Plottage

The combination of two or more properties into one. The action of combining the properties is usually called assemblage while the increased usability and value are referred to as plottage

Acknowledgement

A statement made to a notary or one authorized to take oaths, that one’s signature was freely given

Escrow Agent

Responsible for ensuring the closing follows the terms agreed to by the parties in the sales contract

Earnest money

Usually 1-3% of the sales price of a property

Property inspection

Provides the client with information regarding the general condition of the property

Title insurance policy

Compensates or reimburses against losses sustained as a result of defects in the title

Closing Disclosure

Firm that replaced the HUD-1 settlement statement

Loan Estimate

Replaced the Food Faith Estimate, which had been in use since January of 2010


The Loan Estimate form combines elements of the Good Faith Estimate and the initial truth in lending disclosure into one-to-read disclosure form

RESPA

Under RESPA rules, residential closings must be performed using the Closing Disclosure

Survey

The survey is used to determine whether or not the information in the sales contract concerning the property’s boundaries is accurate

Appraisal

Performed to ensure that the home is worth the loan amount being requested

Title commitment

Divided into sections called “schedules” and must be delivered by the title company within 20 days or it’s receipt of the contract

Whole number

Any number without a fraction

Whole number

Any number without a fraction

Fraction

A numerical quantity expressed as a numerator being divided by a denominator

Whole number

Any number without a fraction

Mixed Number

A whole number coupled with a fraction

Percentage

A numerical expression that includes a percentage sign with 100 assumed as the denominator

Point

1% of the loan amount

Prorations

When calculating, use a 365-day year, unless stated otherwise

Volume

Multiply the length x width x height


The answer will be in cubic units (feet or cubic yards)

Area

Of a rectangle or square-shaped space is equal to its height x width and is reflected in square units

Amortization

The process of repaying a loan over a period of time in regular installments

Interest

Is money paid at a particular rate for the use of money loaned to a person or entity

Profit

Is equal to net revenue minus net costs

Commission

Is a % of the sale price