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WorksheetsCourse Key Terms — Vocabulary Assessment
Total questions: 86
Worksheet time: 43mins
Match each key term to its description.
abstract of title
an abbreviated history of a property, including information on any transfers, grants, wills, conveyances, liens, and encumbrances
acceleration clause
a clause in a security instrument (mortgage/deed of trust) which makes the entire loan amount due immediately upon default
accession
the right to all that one’s own property produces, including that which is added, either naturally or by human action, to the property already owned
accretion
the process that results in the gradual increase in land area through deposits of soil by natural forces
acre
a measurement of land equal to 43,560 square feet
Match each key term to its description.
actual eviction
the legal process by which someone is expelled from a property and prevented from re-entry
ad valorem taxes
a tax calculated according to the assessed value of a piece of real estate
adjustable-rate mortgage (ARM)
a mortgage with an interest rate that can be adjusted based on fluctuations in the cost of money
adverse possession
involuntary transfer of title from an owner who does not use or inspect their land for a number of years to another person who has some claim to the land and takes possession
agency agreement
a mutually binding understanding between two parties that authorizes another party to act on their behalf
Match each key term to its description.
agent
an individual with authority to act on behalf of another; a state license is required to operate as an agent in real estate
air rights
the right to use the air space above the surface of land
air space
the area above ground that is owned along with a property; could include space above a piece of land, or the space owned inside a condominium unit
alienation
the transfer of ownership (title) to real property. alienation may be voluntary or involuntary
Americans with Disabilities Act
a federal civil rights law passed in 1990 which prohibits discrimination against and create standards for people with disabilities
Match each key term to its description.
amortization
the process of paying off a debt/mortgage in regular installments based on a fixed payment schedule
Annual Percentage Rate (APR)
how much the borrower will pay in interest over the course of a year
appraisal
an official valuation given to a property by a licensed appraiser
Match each real estate term to its correct definition.
appraiser
an individual who is trained and licensed to perform appraisals, which estimate the value of real property
appreciation
the increase in value of a property
appurtenances
rights that run with real property ownership; most often transferred with the property, but possible to sell separately
arrears
a payment that occurs at the end of a period to compensate for charges accrued during that time
asbestos
a naturally occurring mineral fiber that is commonly used in insulation but if airborne or inhaled, can cause severe respiratory health issues
Match each real estate term to its correct definition.
assemblage
the combining of multiple contiguous pieces of real property into a single tract of land, often resulting in an increase in value
assessed value
the value placed on a property by a governmental unit for use in calculating property taxes
assignment
the transference of rights and obligations in a contract from one party to another
associate broker
an individual who meets the licensure requirements to be a real estate broker but provides real estate brokerage services as an independent contractor to a real estate broker
avulsion
the sudden loss of land by flood or when a stream or river changes course
Match each real estate term to its correct definition.
balloon payment
a payment at the end of a loan period which includes the total outstanding balance of the loan
bargain and sale deed
a deed without any covenants or warranties against encumbrances that only implies the grantor has possession of the property and holds the right to convey title
baseline
a parallel used in reference to a meridian to identify ranges, tiers, and townships in the rectangular survey method of land description
benchmark
permanent markers of known location and elevation above sea level as established by a government survey team (such as the USGS)
beneficiary
the recipient of advantage or gain from an act or instrument such as a trust, will, or insurance policy
Match each real estate term to its correct definition.
blanket mortgage
a loan for which more than one collateral property acts as security
blind ad
an ad in which a license holder attempts to promote or solicit real estate activity without disclosing the fact that they are a license holder; illegal in Pennsylvania
blockbusting
the illegal act of causing owners to sell their homes by creating fear that members of a protected class are moving into the area
branch office
any fixed location in the Commonwealth of Pennsylvania, other than the main office, which is maintained by a broker or cemetery broker and devoted to the transaction of real estate business
bridge loan
short-term loan used to transition from one loan to another; can connect borrower from construction loan to eventual mortgage loan (or current home to their new home)
Match each real estate term to its correct definition.
broker
a person or business entity who is licensed to represent one of the parties in a real estate transaction in exchange for a commission or other valuable consideration
brownfield
real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant
building code
a set of regulations pertaining to building design, materials, safety, sanitation, and structure
bundle of rights
ownership of land with all of the legal rights of possession, control, quiet enjoyment, exclusion, transfer, and encumber
buydown
the paying of money upfront to reduce a loan’s interest rate and monthly payments
Match each real estate term to its correct definition.
buyer’s market
any market that is experiencing an excess of sellers or supply, creating more favorable conditions for buyers
capital expenditure
an expense paid in order to improve a property
capital improvement
upgrades or improvements to a property that fall outside the scope of normal repair and maintenance, usually with the intention of increasing value
capitalization rate (cap rate)
a rate of return that calculates the percentage of expected annual income earned over a property’s value; the present value for expected future income earned
carbon monoxide
an odorless, colorless gas that occurs as a by-product due to incomplete combustion when burning such fuels as wood, oil, and natural gas
Match each real estate term to its correct definition.
CERCLA
the comprehensive environmental response, compensation, and liability act, aka the superfund
certificate of occupancy (CO)
legal document from a local authority that authorizes a building to be occupied; issued after the building has passed all required inspections
certificate of title
a document prepared by a title attorney detailing the chain of title and offering an opinion on the marketability of the seller’s title
chain of title
the entire chronological record of a property’s ownership
chattel
a commonly used term for personal property in the world of real estate
Match each real estate term to its correct definition.
chlordane
a chemical compound formerly used in pesticides that is dangerous to human health
chlorofluorocarbons (CFCs)
chemical compounds containing chlorine, fluorine, and carbon atoms that were once used in refrigerator coolant, air conditioners, and dehumidifiers
Civil Rights Act of 1866
a federal law that prohibits discrimination in housing based on race
cloud
any claim to or encumbrance on the title to a property which affects transferability
collateral
property liened by a lender in order to assure payment of the loan and protect the lender’s investment
Match each real estate term to its correct definition.
collusion
an unlawful agreement between competitors to monopolize a market, disadvantage other competitors, or otherwise undertake activities in violation of fair trade laws
color of title
a title transfer that is defective in a way that is unknown to the new owner
commingling
the illegal act of mixing personal funds with a client’s funds
common elements
portions of a shared ownership property not controlled by any one owner or tenant; examples include parking lots, lobbies, fitness centers, elevators, etc.
community property
a system of property co-ownership, most commonly applied to married couples, which describes what is joint property and what is individual property
Match each real estate key term to its definition.
comparative market analysis (CMA)
a report that compares the prices of recently sold or listed homes to estimate the market value of a similar property in the same area
condominium
property where each owner has a separate interest in their own unit and undivided interest in the common areas
consideration
something of value exchanged by the parties as evidence of agreement to the terms of a contract
construction mortgage
a temporary mortgage used to finance a construction project
constructive eviction
the termination of a lease when the landlord’s acts or failures make the premises unusable
Match each real estate key term to its definition.
contingency
a provision in a contract making performance conditional upon a stated event
contract
a legally enforceable and binding agreement between parties wherein a promise to do or not do something is given in exchange for valuable consideration
contract for deed
a sales contract in which the buyer pays the seller for the property in multiple installments for a predetermined length of time, and the seller holds title until the property has been fully paid for
contribution
the amount of market value added to a property by an addition or improvement; not necessarily the same as the cost of the improvement
conventional loan
any loan that is neither insured by the government nor guaranteed by the government
Match each real estate key term to its definition.
conversion
changing real property to personal property, and vice versa; also the illegal act of mixing a fiduciary’s funds with an agent’s personal funds
conveyance
an instrument that transfers a grantor’s interest in real property
cooperating brokerage
an agency arrangement in which two brokerages collaborate to achieve a real estate transaction for a specific piece of property
corrective maintenance
the repair of equipment after it has broken
cost approach
method of estimating property value by determining replacement cost of improvements minus depreciation, plus land value
Match each real estate term to its correct definition.
covenant of seisin
a protection in which the grantor states they hold the title conveyed in the deed, a.k.a. covenant of seizin
covenants, conditions, and restrictions (CCRs)
private restrictions similar to deed restrictions that dictate what homeowner may do with their property
credit report
contains information regarding an individual’s credit history (loan payments, etc.) as well as the present credit status of all open credit accounts
credits
sum of money that is received
curtesy/dower
the right of a spouse to inherit property held in their spouse’s name after that spouse dies; dower is the word used for women, curtesy for men
Match each real estate term to its correct definition.
customer
an individual with whom a license holder has no agency relationship nor fiduciary duties but to whom fairness and honesty are still required
datum
a designated base reference point to elevation used by surveyors to determine the elevations of land or property in an area
debits
sum of money that is owed
debt service
current debt obligations
Debt Service Coverage Ratio
used to evaluate income-producing properties; is calculated by dividing the net operating income (cash flow after all expenses and debts are paid) by total debt service (current debt obligations)
Match each real estate term to its correct definition.
debt-to-income Ratio
used to measure a borrower’s creditworthiness; calculated by dividing all debt (monthly payment + other debt) by monthly income
deed in lieu of foreclosure
an alternative to foreclosure in which the defaulting borrower voluntarily transfers the property title to the lender and the borrower cancels the foreclosure
deed in trust
a deed used to convey ownership interest to the trustee under a land trust
deed restriction
a provision in a deed that restricts the land use of a property
defeasance
a clause in a security document that indicates that the loan has been satisfied and that either the title will be conveyed to the borrower or the lien on the borrower’s title will be removed
Match each real estate key term to its definition.
demand
a measure of the general desire for an asset or commodity at a given time
density
the measure of the proportion of a given area used for residential purposes
Department of Housing and Urban Development (HUD)
a department in the federal government which is in charge of enforcing federal fair housing laws
depreciation
a reduction in value for any reason
designated agency
an agency arrangement wherein both parties to the transaction are represented by their own agent, but both agents are employed by the same brokerage; by necessity each client enjoys an agency relationship exclusively with the named agent within the brokerage
Match each real estate key term to its definition.
devise
the transfer of real or personal property through a will
disability or handicap
a physical or mental impairment that substantially limits one or more major life activities, the record of such impairment, or being regarded as having such an impairment
discount point
a loan fee used to decrease a loan’s interest rate
discrimination
the unjust or prejudicial treatment of different categories of people, especially on the grounds of race, color, sex, national origin, religion, disability, or other classifications
disintermediation
the process of money flowing out of banks
Match each real estate key term to its definition.
doctrine of laches
a legal principle used to bar dated claims; used in conjunction with an unreasonable delay or negligence in asserting or defending one’s rights
doctrine of prior appropriation
the legal doctrine which grants states the power to control and regulate all water resources within their borders
Dodd-Frank Act
a law passed in response to the subprime mortgage crisis that created the consumer finance protection bureau
dominant tenement
the parcel of land that benefits from an easement appurtenant by having the right to cross another owner’s adjacent land
dual agency
an agency relationship wherein both the buyer and the seller are represented by the same broker in an in-house real estate transaction; requires written consent from both parties
Match each real estate key term to its definition.
due diligence
a legal term used to describe the reasonable steps a person must take in order to satisfy a legal requirement
Due on Sale/Alienation Clause
a clause in the mortgage contract that triggers the right of the lender to demand payment in full of the loan upon the sale or conveyance of the property
earnest money
funds paid to confirm or commit to a contract
Match each real estate term to its definition.
easement
an interest in, or a right to use, another individual’s land or property, generally for a specific, limited purpose
easement by condemnation
easement in which private property is taken for public use via eminent domain; declaration that a structure must be closed or demolished because it is unfit for occupants
easement in gross
an easement that applies to the person or entity, not the specific land
economic life
the length of time for which an improvement on property is expected to remain functional and useful
effective gross income
the total annual income that a property produces; does not account for any expenses
Match each term to its correct definition.
electromagnetic field (EMF)
an invisible field of energy produced by electricity
eminent domain
the power of government to seize private property for public use; government must pay property owner just compensation for exercising power
encroachment
physical property that crosses the boundary into a neighboring landowner’s property
enforceability
possessing the essential elements necessary to be legally binding and obligate performance; used to describe the compelling nature of a valid contract
environmental assessment (environmental site assessment)
a report prepared for a real estate holding that identifies potential or existing environmental contamination liabilities
Match each item to its correct definition.
EPA (Environmental Protection Agency)
the agency charged with enforcing federal environmental protection laws and taking other actions to protect the environment
Equal Credit Opportunity Act (ECOA)
the equal credit opportunity act, a fair lending law that aims to bar discriminatory lending practices
equilibrium
a theoretical market condition in which levels of supply and demand are balanced
equity
the portion of a property’s total value owned outright by the holder to title
erosion
the gradual loss of land over time
What is an escalation clause?
a clause in a lease allowing payments to increase in relation to a specified factor or index
a clause that freezes rent for the term of a lease regardless of inflation
a financing contingency allowing a buyer to raise an offer automatically
a provision that prohibits subleasing under any circumstances
Match each real estate term to its correct definition.
escheat
the legal doctrine by which the decedent’s property will pass to the state without their consent if that individual dies without a will, a surviving spouse, lineal descendants, or other known heirs
escrow
a process in which funds and/or financial documents are held by a disinterested third party on behalf of the other two parties in the real estate transaction until specific conditions are satisfied
estate at sufferance
a tenant’s occupancy of a property beyond their lease’s terms and without the landlord’s consent, also called tenancy at sufferance
estate at will
a tenant’s occupancy of a property with the landlord’s consent
estate for years
a lease with a specific starting and ending date, also called a tenancy for years
Match each real estate term to its correct definition.
estoppel
the legal principle that prevents an individual from asserting something contrary to that which was implied by previous words or deeds by that individual
ethics
standards of conduct agreed upon and recognized by a particular group or culture
eviction
forced removal of a tenant due to a default under the terms of the lease
evidence of title
constructive or actual notice of real property ownership
exclusive agency listing
an agreement in which the seller has an exclusive relationship with a broker but retains the right to sell the property to named prospects
Match each real estate term to its correct definition.
exclusive right to sell agreement
an agreement in which the seller guarantees the named broker receives a commission if the property is sold, even if the seller brings the buyer themselves
executory contract
a contract that has not yet been fully performed (both sides have not yet completed their obligations)
external obsolescence
loss of property value caused by negative forces outside the property which are beyond the control of the owner
Fair Housing Act of 1968
a federal law that prohibits discrimination in housing based upon race, color, religion, or national origin and was amended to include sex, disability, and familial status
familial status
under the fair housing act, a protected class composed of families who have children under 18, pregnant women, and people in the process of obtaining legal custody of a child
Match each real estate term to its correct definition.
Federal Home Loan Mortgage Corporation (Freddie Mac)
a government-sponsored enterprise created in 1970 to further support the secondary mortgage market, and specifically, to support smaller thrift banks
Federal National Mortgage Association (Fannie Mae)
a government-sponsored enterprise created to act as a secondary mortgage market facility that could purchase, hold, and sell fha-insured loans
fee simple condition subsequent
a defeasible fee estate that comes with specific requirements (or conditions)
fee simple defeasible
a property interest characterized by perpetual ownership on the condition that the property is used for a certain purpose or under specific conditions. ownership reverts back to the original owner if these stipulations are violated.
fee simple determinable
a type of fee simple defeasible estate which causes the title to automatically revert to the original owner if the deed requirements regarding property use are violated
Match each real estate term to its correct definition.
fee simple estate
maximum ownership of real property; also called a fee or fee simple absolute and is of indefinite duration, freely transferable, and freely inheritable
FHA
the federal housing administration; government agency charged with insuring mortgages
FICO score
a credit scoring system created by the Fair Isaac Corporation
fiduciary
an individual upon whom is placed the highest levels of trust and confidence when acting on behalf of another
fiduciary duties
the full sum of obligations owed to the client in an agency relationship that ensure that the agent always acts in the best interest of the client
Match each real estate term to its correct definition.
first substantive contact
the critical point at which agency disclosure is required by a license holder; generally occurs at the first face-to-face meeting with the customer and prior to the sharing of any confidential information or initiation of any action in regards to a specific property
fixity
refers to the fact that real estate exists in a fixed location and cannot be moved; describes this truth about land from an economic viewpoint
fixture
an object that was once personal property but is now firmly attached to the land in such a way that it is considered to be real property
foreclosure
the legal process whereby a lender takes control of a property held by a borrower in default and sells it to recover the lender’s losses
Match each real estate term to its correct definition.
fraud
wrongful or criminal deception intended to result in financial or personal gain
freehold estate
a form of ownership with an indeterminate length
Freon
the trademarked name of a harmful chlorofluorocarbon found in older air conditioning units
fructus industriales
plants or crops intended for harvest and treated as personal property, a.k.a. emblements
fructus naturales
trees, perennial plants, and uncultivated plants usually treated as real property because of their permanence
Match each real estate term to its correct definition.
functional obsolescence
loss of value because a property's function or appearance has gone out of style or has been replaced by a more appealing or effective version
general agency
a form of agency relationship that authorizes an agent to manage all of a principal's affairs within certain specified areas; provides broader authority than that of special agency but less than that of universal agency
general lien
a lien for which the real estate and personal property may be sold to satisfy the debt
general partnership
a business entity in which all co-owners actively share power, responsibilities, and profit
general warranty deed, a.k.a. full covenant and warranty deed
the act of documenting any transfer or claim of interest in the title to real property in public records per state law
Match each real estate term to its correct definition.
goodwill
good consideration, such as love and affection, that can be exchanged for valuable consideration in a contract or agreement; the exchange of which is generally seen as a gift on the part of the party giving up the valuable consideration
Government National Mortgage Association (Ginnie Mae)
a government-owned entity that supports the secondary mortgage market by guaranteeing mortgage-backed securities (MBS) insured by the U.S. government
graduated lease
a lease in which the rental rate increases over time in specific increments
graduated-payment mortgage
a fixed-rate mortgage that has a lower initial interest rate in its first years, but includes gradual increases each year
grantee
the person who receives a conveyance of real property in a transaction
Match each real estate term to its correct definition.
gross lease
lease in which the tenant will be responsible for the payment of a fixed monthly charge, while the landlord is responsible for paying all operating expenses, a.k.a. full service lease
gross rent multiplier (GRM)
the ratio of the price of investment property to its annual rental income before considering expenses like taxes and insurance, etc
ground lease
also known as a land lease, it is the lease of bare, undeveloped land
groundwater
water held underground in the soil or in pores and crevices in rock
habendum clause
a clause within a deed that clarifies the type and extent of interest conveyed by the granting clause
Match each real estate term to its correct definition.
highest and best use
the use of a property which is legal, physically possible, financially viable, and produces the greatest yield
holographic will
a handwritten will created solely by the testator and not witnessed
home equity loan
a loan in which funds are borrowed using the homeowner’s equity for collateral; the funds can be used for any purpose
homestead laws
laws which protect a homeowner from loss of their principal residence from the claims of most creditors and require both spouses to execute any instruments of conveyance
hypothecation
the pledging of an asset as collateral to secure a loan without delivery of title, possession, or other ownership rights
Match each real estate term to its correct definition.
implied agency
agency that is created by the actions, conduct, and words of either or both parties without ever being expressly requested
implied contract
a contract created by the actions of the parties rather than by an express agreement
improvement
any nonnatural structure built on or affixed to land
income capitalization approach
method of estimating the value of a property by applying a rate of return to the net income it produces
independent contractor
one who contracts to do work according to their own methods, and is responsible to their employer only as to the results of that work
Match each real estate term to its correct definition.
informed consent
the principle that a client or customer must understand and agree to certain actions or agency relationships prior to implementation
instrument of conveyance
a tool that transfers a grantor’s interest in real property
Interest
additional money paid to a lender for the use of their money
Match each real estate term to its correct definition.
intermediation
the facilitation by a third party of a financial transaction between two parties
intestate
the name for conditions in which the owner of a property dies without having left a valid will
investment
the purchase of an asset with the intention of profiting from it in the future
involuntary alienation
transfer of title to property without the owner’s consent, usually carried out by operation of law
joint tenancy
co-ownership in which the parties have an equal and undivided interest in the property; includes the right of survivorship rather than inheritance
Match each real estate term to its correct definition.
judicial foreclosure
a foreclosure that is processed through the court
junior lien
a lien that has another (senior) lien superseding it in priority; also called an inferior lien
land
the surface of the earth, including all permanently attached natural features, extending downwards to the center of the earth and upwards to infinity
landlocked
a piece of land which is is not accessible by any public means
land-use control
regulations that specify how the owners of individual parcels of real estate in a given area may use property
Match each real estate term to its correct definition.
latent defect
any structural defects that cannot be detected by ordinary inspection
law of agency
the body of laws affecting agency that have come about as result of custom and/or case law, as opposed to statutory law introduced at the state or federal level
laws of descent and distribution
a set of laws that sets out the process of passing an estate to heirs when the owner dies intestate
lead
a naturally occurring mineral that has been used in the manufacturing of paint and water pipes and is toxic to humans
lease
a contract in which one party conveys property to another for a specific predetermined period of time, generally in return for periodic payment
Match each real estate term to its correct definition.
leasehold estate
an interest in the occupation of a property, established through a lease, a.k.a. non-freehold or less-than-freehold
leasehold interest
a form of ownership with an indeterminate length
legal description
a description of a property that is distinct and precise enough to distinguish it from all other properties
Match each real estate term to its correct definition.
legal life estate
any life estate created by a function of law as opposed to the actions or desires of a property owner
lessee
the party to whom the lease is granted, also known as the tenant
lessor
the party granting the lease, also known as the landlord
leverage
the use of a financial instrument or borrowed money to increase a return on investment
liability
the state of being responsible for something
Match each real estate term to its correct definition.
lien
the claim made by a creditor against real or personal property pledged by a debtor as collateral
lien priority
the order in which liens against a property will be settled
lien theory state
states that employ security instruments allowing the borrower to retain title while the lender places a lien on the property to secure the loan
life estate
a type of estate limited to the duration of a measuring life
limited partnership
a business entity composed of both general and limited partners; the general partners manage the business and limited partners are passive investors
Match each real estate term to its correct definition.
liquid assets
assets that can be quickly converted to cash without losing their value
liquidated damages
damages established by the contract to be paid as compensation in the event of default
liquidity
the relative difficulty of converting an asset to cash without loss of value
lis pendens
a document recording at the courthouse giving notice that a lawsuit is pending on a particular piece of property
littoral rights
rights that govern lakefront or oceanfront property and usually allow the property owner to use the water bordering their property
Match each real estate term to its correct definition.
living trust
a trust established by a living trustor in order to convey legal title of property to a trustee for the benefit of a named beneficiary
loan commitment
a lender’s approval of a specific loan for a specific property; occurs upon completion of final loan approval step
loan estimate
combines and replaces the good faith estimate and the initial truth-in-lending (til) statement; highlights the most important elements of the transaction
loan flipping
a mortgage fraud scheme that involves an inflated appraisal and a straw buyer
Match each real estate term to its correct definition.
loan origination
the process through which a buyer obtains a mortgage loan from a lender
loan-to-value ratio (LTV)
the amount of money being loaned compared to the value of the property
long-term debt
financial obligations often paid as installments over a predetermined time frame, which can extend for years
lot and block system
a system of legal land description that identifies a piece of platted property by referring to the section, lot, and block numbers in a subdivision; a.k.a. the recorded plat method
management proposal
a plan that a property manager creates for managing the property that includes an analysis of the market along with the financial standing, operating budget, and other important factors of the property
Match each real estate term to its correct definition.
marital status
refers to whether a person is married, single, divorced, or widowed
market
a theoretical construct that isolates the selling and purchasing of any one particular commodity from the economy as a whole
market or customer allocation
a violation of antitrust laws in which competitors agree to divide markets amongst themselves
market value
the price for which a property will theoretically sell under typical conditions
marketable title
a title that is free from significant encumbrances or defects that might otherwise prevent a purchaser from enjoying or eventually selling the property
Match each real estate term to its correct definition.
marketing plan
a plan created to secure the other party needed to carry out a real estate transaction that includes sales and advertising
master deed
a deed used to convey land to a condominium developer
master plan
a written document created by the local planning board to guide the future growth and development of a community
material fact
a fact that, if known, could cause someone to take a different course of action or make a different decision regarding the property to be purchased
mechanic’s lien
a type of involuntary, specific lien that a mechanic or materialman can impose upon a property if the property owner fails to pay for materials or work done on the property
Match each real estate term to its correct definition.
metes and bounds
a land survey process in which a licensed land surveyor starts at a readily identifiable point of beginning and defines the boundaries of a property in terms of distances and compass directions, finally returning to the point of beginning
ministerial acts
an action performed for another according to established procedures or guidelines and without the need for discretion or individual judgment
misrepresentation
a statement, written or spoken, that is false or misleading; can be actionable if also found to be fraudulent
mold
a type of fungus found in damp building materials that can release toxins into the environment
monument
a fixed landmark, whether natural or human-made, used as a reference point in a metes and bounds legal description
Match each real estate term to its correct definition.
mortgage
a legal agreement between a creditor and borrower in which the creditor lends money with interest to the borrower for the purchase of property with the condition that the creditor takes ownership of the title if the borrower defaults in repayment of the loan
mortgage insurance premium (MIP)
a borrower-paid insurance required for FHA loans, in order to insure lender in case of borrower default/foreclosure
mortgagee
the lender of the funds in a loan
mortgagor
the borrower of the funds in a loan
multiple listing service (MLS)
a database in which local member brokers share listings so that fellow member brokers can procure buyers for those properties and establish compensation for properties sold jointly
Match each real estate term to its correct definition.
mutual consent
agreement by all parties to either create, amend, or terminate a contract
negative amortization
when a borrower’s payment is not large enough to cover the interest due on a loan, the unpaid interest is added to the principal balance
negligent misrepresentation
misrepresentation that occurs when the licensee either knows or should have known that a material fact is not accurate, that certain information should be disclosed, or unknowingly makes a false statement that is not reasonable to believe
negotiable instrument
a note that is transferable and assignable
net lease
a lease in which the tenant pays a base rent rate plus all or part of the operating expenses
Match each real estate term to its correct definition.
net operating income (NOI)
a property’s annual income that remains after paying its operating expenses
non-conforming use
any property use with is inconsistent with the land use controls for that area, regardless of legality
non-prorated expense
closing costs that are not split between the parties
notice of title
the duty of a real estate owner to make their claim or interest on a subject property publicly accessible
null and void
lacking legal or binding force; invalid
Match each real estate term to its correct definition.
obsolescence
a property’s loss of value due to economic or functional factors
offer
a proposition made by an offeror to an offeree to agree to the terms of a binding contract; becomes a contract upon acceptance
offer and acceptance
the mutual understanding and agreement of the parties of a contract to that contract’s terms; process that changes an offer into a contract when the offeree communicates acceptance to the offeror
open listing
a nonexclusive listing agreement that gives multiple brokers (and owners themselves) the right to sell the property
operating expense
an occasional or continuous expense required for the operation of an income-producing property
Match each real estate term to its correct definition.
Opinion of Title
the official opinion of an attorney regarding the condition of a property’s title
option
gives one party the right to perform a non-obligatory action within a time period (ex: terminating a contract or the right of first refusal)
origination points
fees pay for the cost of issuing the loan
parallel
a line of latitude
parol contract
an orally created contract or the oral modification of a written contract; enforceability depends on circumstances surrounding creation
Match each real estate term to its correct definition.
partition suit
legal action brought with the purpose of terminating the ownership interest of a co-owner to real property
party wall
a wall shared by two separate properties; the owners on each side share the right of use, often as an easement
patent defect
any structural defects that are easily discoverable upon inspection
payment-to-income ratio
used to measure a borrower’s creditworthiness; calculated by dividing monthly payment by monthly income
Match each key term to its correct definition.
percentage lease
type of (usually commercial) lease in which the tenant pays a base rent amount and a percentage of their business profits to the landlord
performance
the fulfillment of an obligation, duty, or contract
periodic estate
a leasehold estate which automatically renews until canceled by either party; a.k.a. estate from period-to-period, periodic tenancy, estate from year to year
personal property (a.k.a. chattel)
an unattached, moveable asset not considered real estate; a.k.a. personalty
physical deterioration
the loss of value caused by physical wear and tear over time
Match each key term to its correct definition.
planned unit development
a subdivision that includes residential dwellings along with nonresidential real estate, departing from normal zoning and subdivision regulations; recreational facilities may be co-owned by pud lot owners as tenants in common
plat
a map indicating the locations and dimensions of lots in a lot and block system
plottage
an increase in overall value resulting from the successful assemblage of multiple plots
point of beginning (POB)
the starting point for a metes and bounds legal description
police power
the government right to regulate and restrict land use in order to protect the public; right includes the power to enforce zoning and building codes
Match each key term to its correct definition.
polychlorinated biphenyls (PCBs)
a group of human-made organic chemicals made of carbon, hydrogen, and chlorine atoms that were used in hundreds of industrial and commercial applications prior to 1979 and can cause a variety of adverse health effects
potential gross income (PGI)
the total rental income a property would receive if the property was 100% leased
power of attorney
a legal instrument used to confer the right of one individual to act on behalf of another
predatory lending
imposing unfair and abusive loan terms on borrowers
preventative maintenance
conducting periodic inspections to catch minor issues before they become major failures
Match each real estate term to its correct definition.
principal
the client of a broker in an agency relationship; the parties to a contract in a real estate transaction; also, the amount borrowed in a loan which interest is accrued
principal meridian
a meridian used in reference to a baseline to identify ranges, tiers, and townships in the rectangular survey method of land description
private mortgage insurance (PMI)
insurance that protects the lender if a borrower defaults on a conventional loan; usually required when the borrower has less than 20% equity
probate
a process by which courts determine and grant the appropriate ownership interest of an estate to creditors, taxing entities, and heirs of an owner who dies intestate
procuring cause
the defining action or actions that brought a buyer to purchase a property
Match each real estate term to its correct definition.
promissory note
a negotiable financial instrument that is evidence of a debt and a promise to pay that debt; often referred to as “the note”
property
any item which may be owned, including the rights associated with ownership
property inspection
an inspection conducted to discover material facts or defects that exist within a property
property management
the vocation of renting or leasing someone else’s real property on their behalf in exchange for compensation and in accordance with a property management employee contract
proprietary lease
long-term and exclusive lease given to resident and stock owner of a cooperative
Match each real estate term to its correct definition.
proration
the act of dividing or allocating expenses between buyers and sellers based on the actual period of usage of the item or service
protection period
a limited time frame after an agency agreement ends during which an agent can be owed compensation if certain situations occur
puffing
the making of exaggerated claims (technically opinions) in order to achieve a sale or some other objective; also known as puffery
pur autre vie
a life estate characterized by ownership lasting only for the duration of a designated party’s lifetime
purchase-money mortgage
instrument given by the purchaser to a seller who takes back a note for part or all of the purchase price
Match each real estate term to its correct definition.
quitclaim deed
a type of deed that conveys any interest, title, or right to a parcel of land the grantor has at the time the deed is executed
radon
an odorless, radioactive gas produced by the decay of other radioactive materials in rocks under the surface of the earth; can cause lung cancer
range
the area of land between two consecutive range lines
ratification
an unauthorized action taken on behalf of a principal which is accepted and legitimized after the fact by the principal
real estate
land plus improvements
Match each real estate term to its correct definition.
real estate investment trust (REIT)
a trust that invests in, owns, or acquires real property and is owned by investors who share the trust’s profits according to shares
Real Estate Owned (REO) property
bank-owned properties that have been through the foreclosure process
real property
land from the surface to the center of the earth and upward into space, all attachments, and the bundle of legal rights of ownership
recording
the act of documenting any transfer or claim of interest in the title to real property in public records per state law
rectangular survey system
a system of legal land description that uses the global lines of longitude and latitude to create a surveyed grid of meridians, base lines, townships, and ranges to describe a piece of land; a.k.a. the government survey system
Match each real estate term to its correct definition.
redlining
the illegal act of a lender refusing to issue mortgages in a specific area
refinancing
the process of obtaining a new mortgage in an effort to reduce monthly payments, lower interest rates, take cash out of a home for large purchases, or change mortgage companies
Regulation Z
the part of the truth in lending act (tila) that seeks to protect consumers by requiring proper disclosures and fair lending practices
reliction
a gradual increase in land area when water gradually withdraws
remainder interest
the interest in an estate that will pass to another party (other than the grantor) at the death of the person upon whom the life estate is base
Match each real estate term to its correct definition.
RESPA
the real estate settlement procedures act, passed to eliminate kickbacks in lending and disclose the costs of closing a loan.
reverse mortgage
a financial arrangement where a homeowner pledges equity to a lender in exchange for periodic payments of the pledged equity; essentially selling off equity in their home in exchange for monthly payments
reversionary interest
the interest in an estate wherein, upon the death of the life estate owner, full ownership reverts back to the original fee simple owner (grantor)
revocation
the termination of an agreement by the person who granted it, such as when as when a principal terminates an agency relationship or withdraws an offer
revolving debt
an ongoing line of credit, as with a credit card, where the amount of debt can fluctuate as the borrower uses it to manage cash flow issues
Match each real estate term to its correct definition.
right of survivorship
the statutory principle of survivorship tenancy that provides that when one co-owner dies, their ownership interest reverts to the surviving co-owners
riparian rights
rights that govern the use of flowing water, such as rivers and streams that pass through or border a property
routine maintenance
monitoring, assessing, and attending to the needs of a facility’s most necessary features
sales comparison approach
property appraisal method that estimates value by comparing the subject property to the sales prices of similar properties in the same market area
sales contract
a contract used in the sale of real property that outlines the responsibilities of the parties and terms of the sale
Match each real estate term to its correct definition.
salesperson
a real estate license holder who is associated with a licensed broker for the purpose of performing real estate brokerage acts on the broker’s behalf
SARA
the superfund amendments and reauthorization act
scarcity
the economic characteristic that informs the economic principle of supply and demand
section
one of 36 equal square miles in a township
security
the collateral for a loan
Match each real estate term to its correct definition.
seller financing
a loan provided by the seller to the purchaser of the property
seller’s market
a market condition in which the number of properties for sale does not meet the demand (number of people looking to buy)
senior lien
a lien that comes first on the priority of liens, often a tax lien; also called a superior lien
Match each real estate term to its correct definition.
service contract
the written form of an agency agreement between a client and a broker
servient tenement
describes the parcel of land that must allow an adjacent owner to cross; an easement appurtenant exists at the expense of this party
severally
undivided ownership of an estate, with an interest that is exclusive from other owners; often referred to as ownership in severalty or tenancy in severalty
severance
the act of converting real property into personal property
Sherman Antitrust Act
a landmark law passed in 1890 that prohibits the formation of trusts, or monopolies, in the marketplace; this law governs business by regulating anti-competitive conduct to promote fair competition on behalf of american consumers
Match each real estate term to its correct definition.
single agency
an agency arrangement in which one agent represents one party in a real estate transaction; the party may be either a seller or a buyer
situs
the economic significance of a property's location
sole proprietorship
ownership of a business by a lone individual
special agency
a form of agency relationship in which agents are limited in scope and are only authorized to perform acts permitted by their principal
special assessment lien
a lien placed against property to collect taxes for a specific improvement benefiting the property
Match each real estate term to its correct definition.
special exception
a variance that allows an out-of-zone use that benefits the community, and is included as a permitted special use in a zoning ordinance
special warranty deed
a deed that only protects against defects that occurred while the grantor held title
specific lien
a lien that applies to a certain property only
specific performance
a legal remedy that requires the party in breach of contract to perform in accordance with the terms of the contract (as opposed to paying damages)
square mile
a measurement of land equal to 640 acres
Match each real estate term to its correct definition.
State Real Estate Commission
the regulatory body responsible for regulating the brokerage industry and licensing real estate practitioners in Pennsylvania
statute of frauds
a law which requires certain types of contracts, including those conveying interest in real property, to be in writing to be enforceable
statute of limitations
a legal concept that establishes time limits for bringing certain kinds of legal actions
Match each real estate term to its correct definition.
steering
the illegal act of guiding prospective home buyers toward or away from certain neighborhoods because of their membership in a protected class
stigmatized property
property with suppressed market value unrelated to its physical condition or features; frequently as result of death of an occupant, murder, suicide, or a belief the property is haunted
straight-line cost recovery
an accounting method in which depreciation expenses are deducted from a property's income
subagency
a form of agency that arises when an agent enlists the use of other agents to accomplish a client's goal
subject to
this provision in a sales contract refers to the purchase of a property that is subject to the existing mortgage; in such a sale, the title changes hands, so the buyer owns the house legally, but the seller’s old mortgage stays in place
Match each real estate term to its correct definition.
sublease
a tenant’s transfer of part of their right of possession in a leased property to another person for a period of the lease term
subordination agreement
a contract that gives a mortgage recorded at a later date priority over a previously recorded mortgage
subprime loan
a mortgage with an interest rate higher than prime mortgages due to the higher risk associated with a less qualified borrower
substitution
an economic principle stating that the value of a good or service is affected by the cost of getting a similar (substitute) item elsewhere
subsurface rights (a.k.a. mineral rights)
ownership rights to all that is found beneath the surface of the tract of land owned, extending downward to the center of the earth, also known as mineral rights
Match each real estate term to its correct definition.
superior lien
a higher priority lien
supply
in real estate, the amount of properties that are vacant or are available for sale or rent
surface rights
the rights to access the surface area of a parcel of real property
survey
the process and physical product of finding and measuring the boundaries of a piece of real estate, including the location of improvements, encroachments, and easements
tax base
the total taxable assets available in a specific area
Match each real estate term to its correct definition.
tax sale
the forced sale or auction of a property to cover outstanding debts
taxable value
the value placed on a property by a governmental unit for use in calculating property taxes, minus any exemptions
tenancy in common
co-ownership with individual, undivided interest in the property; includes rights of inheritance rather than survivorship
testate
the name for conditions in which the owner of a property dies having left a valid will
testator, a.k.a. testatrix
the party who makes a will
Match each real estate term to its correct definition.
tester
an individual who, without any bona fide intent to rent or purchase a home, apartment, or other dwelling, poses as a prospective buyer or renter for the purpose of gathering information, which may indicate whether a housing provider is complying with fair housing laws
third party
any person involved in a real estate transaction who is not your client; includes not only customers but also all other non-client participants such as title officers, lenders, appraisers, etc.
tier
the area of land between two consecutive baselines
time is of the essence
a phrase that communicates to parties of a contract that they must perform their contractual duties by a specific date and time in order to avoid a breach of contract
timeshare
a form of co-ownership where each owner has use of the property at a different prescribed period of time, also known as interval ownership
Match each real estate term to its correct definition.
title
the actual ownership of a real property that includes the bundle of rights in which a party may own a legal or equitable interest; not an actual document
title insurance
a policy that protects homeowners (and likewise, lenders) from certain financial losses due to title issues, such as defects, encumbrances, and liens
title theory state
states that convey the title to the lender or, more commonly, to a third-party trustee (operating on behalf of the lender) for the life of the loan
Torrens System
a recording system used in some states in which the state holds all records of land and title ownership, evidenced by a certificate of title
Match each real estate term to its correct definition.
township
a square area of land with sides of 6 miles each, consisting of 36 square-mile sections and identified in reference to a meridian and baseline in the rectangular survey system
trade fixture
personal property that is owned by and needed for a tenant’s business
transaction coordinator
an agent who facilitates a transaction absent of any agency relationship with either party to the contract; has no fiduciary duties for ministerial acts performed, a.k.a. transaction licensee, facilitator, or intermediary
transfer tax
one-time tax issued by the state that must be paid when a property is transferred from one owner to another
triple-net lease
a type of lease requiring the tenant to pay a prorated portion of all of the operating expenses for the property
Match each real estate term to its correct definition.
trust
a legal entity where control of some asset or property is transferred by a grantor (trustor) to a third party (trustee) to be held for the benefit of another (beneficiary)
underground storage tanks (USTs)
tanks located in the ground underneath properties that store chemicals, fuels, toxic wastes, and other potentially harmful substances
underwriting
the process of determining the level of risk a lender is willing to take in extending a loan to a borrower
unilateral contract
a contract wherein one party makes a promise and is obligated to perform if a second party chooses to accept the offer and perform in exchange for that which was promised
universal agency
the most broad type of agency; gives agents the power to act and make decisions on behalf of the principal in all business matters of concern; often granted via a power of attorney
Match each real estate term to its correct definition.
urea-formaldehyde foam insulation (UFFI)
a human-made insulation material that becomes dangerous because of the gases released from the material after it hardens
usury
illegally lending money at unfair interest rates
utility
the measure of the degree to which something performs a desired function; serves as a component of the thing’s value
VA entitlement
the amount of money that is guaranteed in a VA loan
validity
possessing accuracy and, in context of contractual status, being legally binding and enforceable
Match each real estate term to its correct definition.
value
the price for which a property will theoretically sell under typical conditions
variance
permission granted by the government so that property may be used in a manner not allowed by the current zoning
void
lacking legal or binding force; used to describe a contract that is either illegal or impossible to complete
Match each real estate term to its definition.
void contract
a contract lacking legal or binding force; often used with the phrase “null and void”
voidable contract
a contract wherein the wronged party has the option to perform, enforce, or void the contract
water rights
the right of a property owner on a waterfront to access and use that water
will
a written or verbal legal statement by an owner (testator) that prescribes the method of distribution of the owner’s estate to heirs
wraparound mortgage
an arrangement in which the seller of a property extends a mortgage to a buyer; the seller maintains their original loan and continues to pay it while also receiving mortgage payments from the buyer
