Acre: A land area containing 43,560 square feet.
Adjustable Rate Mortgage (ARM): Any real estate loan in which the
interest rate varies over time according to aprescribed formula or set of
conditions, usually changes in economic conditions (also known as a variable
ratemortgage).
Ad valorem: Latin meaning "according to value."
Real property is taxed on an ad valorem basis.
Agency: A fiduciary relationship where one person acts
(with authority) on behalf of another.
Alienation: Transfer of title to real property.
Amortization: The gradual payoff of a debt through regular
and scheduled payments of principal and interest over astated period of time
until paid off.
Amortization Schedule: Schedule showing principal and interest
payments throughout the life of the loan.
Annual Percentage Rate (APR): The actual effective rate
of interest charged on a loan expressed on an annual basis;not the same as the
simple interest rate.
Appraisal: An opinion of statement (written
or oral) of the value of property.
Assessed Value: The value to which a local tax rate is
applied to calculate the amount of real property tax.
Assumption of Loan, Mortgage or Deed of Trust: An agreement
wherein the Buyer assumes or takes responsibility (becomes liable) for payment
of an existing note secured by a mortgage or deed of trust.
Attorney Document Preparation Fee: Charged by attorney
for preparing legal documents for the transaction.
Balloon Payment: One in which the scheduled payment will
not fully amortize the loan over the term. Therefore, it requires a final payment
called a balloon payment, larger than the uniform payments.
Bill of Sale: An instrument transferring ownership of personal
property.
Breach of Contract: Failure without legal excuse to perform
any promise that forms the whole or part of a contract.
Broker: A person who brings parties together and assists
in negotiating contracts between them for a commission or fee.
Buyers Agency Agreement: A contract in which a buyer engages
an agent to act on the buyer's behalf in purchasing a property.
Certificate of eligibility: A statement provided to veterans
of military service setting forth the amount of loan guarantee to which they
are entitled at that time.
Chain of Title: The chronological list of recorded documents
affecting title to a specific parcel of real property.
Clear Title: A title that is free from any encumbrances,
obstruction or limitation that would "cloud the title."
Closing: The consummation of a real estate contract. Also
called settlement.
Closing Costs: The expenses incurred in a real estate transaction
including costs of title examination, title insurance, attorney fees, document
fees etc., paid at the time of closing.
Cloud on a Title: An outstanding claim against a title
to real property.
Code of Ethics: A standard of conduct required by license
laws and by the National Association of REALTORS.
Comparative Market Analysis (CMA): Presentation and analysis
of the competition in the marketplace for a particular property for the purpose
of arriving at a market price or listing price.
Contingency: A condition in a contract dependent upon a
specific condition for its fulfillment.
Contract: An agreement between competent parties upon legal
consideration to do or abstain from doing some legal act.
Counter-Offer: A new offer as to price, terms and/or conditions
made in reply to and supersedes a prior offer.
Deed: A written document that transfers the interest in
real property from one person to another.
Deed of Trust: A form of mortgage wherein there is a third
party, who is called a trustee.
Deed Restrictions: Limitations on land written into a deed.
Department of Housing and Urban Development (HUD): A federal
agency involved with housing.
Discount Points: Points a lender charges to reduce interest
rate, may be paid by either Buyer or seller on conventional loans; one point
is equal to 1 percent of the loan value.
Down Payment: The portion of the purchase price that the
buyer pays in cash and does not finance.
Dual Agency: Representing two parties at the same time
or in the same transaction.
Earnest Money: A deposit of money made by a buyer at the
time of making an offer to demonstrate the earnest intent to purchase. Also
called good faith deposit or escrow deposit.
Easement: A nonpossessory right of use in the land of another.
Eminent Domain: The legal right and procedures for a municipality
to take title and possession of private property for public use.
Equity: The difference between the value of the property
and the amount owed on the property.
Escrow Account: An account maintained by a real estate
broker in an insured bank for the deposit of other people's money; also called
trust account.
Federal Housing Administration (FHA): The federal agency
that insures mortgage loans to protect lending institutions.
Fee Simple: Absolute ownership without limitations, conditions
or restrictions burdening particular heirs.
Fiduciary: One who holds a position of trust and confidence
to act primarily for the benefit of another in matters of responsibility.
Fixed-Rate-Mortgage: A mortgage in which the interest rate
does not change during the course of the loan.
Funding Fee: May be charged by a lender to initiate a loan.
Inspections: Examinations of property for various reasons
such as termite inspections, mechanical systems inspections, etc.
Interest: The premium paid for the use of money (based
on an annual rate).
Joint Tenancy: A form of co-ownership that includes the
right of survivorship.
Lien: A charge, hold or claim of another for the purpose
of securing a debt or obligation.
Listing Contract Agreement: A written contract between
an owner and an agent authorizing the agent to sell, lease or rent the owner's
property in exchange for compensation.
Loan to Value (LTV): The ratio of the amount borrowed to
the property's appraised value or selling price.
Market Value: The price for a property that a willing buyer
and a willing seller would agree upon when neither is under abnormal pressure
Mechanic's Lien: A statutory lien to secure payment for
persons contributing labor and/or materials towards improvements upon real property
when the compensation was not paid in a timely manner.
Mortgage: A written instrument used to pledge of a promissory
note.
Mortgage Insurance Premium (MIP): Charged on an FHA loan,
insurance that is paid for by the borrower, for the life of the loan, to insure
lender against default by borrower.
National Association of Realtors: The largest and most
prominent trade organization of real estate licensees.
Offer: A promise made to another conditional upon acceptance
by a promise or an act made in return.
Option: A contract giving one (optionee) the exclusive
right to buy a property at a specified price for a specified period of time.
P.I.T.I.: Abbreviation for principal, interest, taxes and
insurance in regard to a loan.
Principal: One who has permitted or directed another to
act for his or her benefit and subject to his or her direction or control. Also;
the amount of a loan to be repaid exclusive of interest.
Private mortgage Insurance (PMI): Charged on a conventional
loan, insurance that is paid by the borrower to insure the lender against default.
Quitclaim Deed: A deed that contains no warranty of title.
It is used to remove a cloud on a title.
Recording: The registration of a document on the public
record.
Real Estate Settlement Procedures Act (RESPA): A federal
law that requires lenders to give borrowers advance notice of closing costs.
Realtor: A real estate licensee who is a member of the
National Association of REALTORS and who has agreed to abide by the ethics and
standards of the organization.
Sales Contract: An agreement between buyer and seller on
the price and other terms and conditions of the sale of property.
Special Assessment: A levy by a local government against
real property for part of the cost of making an improvement to the property,
such as paving streets, installing water lines, and making sidewalks.
Specific Performance: An instruction of a court requiring
a defaulting party to a contract to buy and sell real property to specifically
perform his or her obligations under the contract.
Survey: The measurement of land and the establishment of
its' areas and boundaries.
Tax Lien: A statutory lien, in favor of the state or municipality,
upon the land of a person charged with unpaid personal or real property taxes.
Time is of the Essence: A standard clause in real property
contracts that indicates that punctual compliance is required.
Title: The basic rights of enjoyment and possession or
interest in property; also used to describe a document that furnishes proof
of ownership.
Title Insurance: An insurance policy protecting the insured
from a financial loss caused by a defect in a title to real property.
Warranty Deed: A deed in which express covenants of good title and the right of possession are detailed and guaranteed.