| Glossary - A
A la carte real estate services Professional
real estate services that are rendered one transaction at a time, or where the
services of the listing or buyer contract are
itemized.
A-frame
design An interior style featuring a steeply peaked roofline and a
ceiling open to the top rafters.
Abatement Often referred to as free rent or
early occupancy and may occur outside or in addition to the primary term of the
lease
Absentee
Owner Landlord who lives elsewhere
Absorption rate The rate at which rentable
space is filled or the rate at which new construction or development will be
purchased.
Abstract
of judgment The summary of a court judgment that creates a property lien
when filed with the appropriate government recording office.
Abstract or title search The process of
reviewing all publicly recorded transactions to determine whether any title
defects exist that could interfere with a clear transfer of property ownership.
Accelerated cost recovery system A tax
calculation that provides greater depreciation in the early years of
ownership.
Accelerated depreciation A bookkeeping method
that provides faster property depreciation in the early years of
ownership.
Acceleration clause A clause that provides the
mortgagee (lender) the right to demand immediate repayment of the loan balance
upon default of the mortgagor (borrower). "Acceleration" is also triggered
by the due on sale clause (demands immediate repayment if the home is
sold).
Acceptance Having an agreement of terms by both
buyer and seller with an expressed contract.
Access Any means by which a person can enter
property.
Accessibility The degree to which a building or
site allows access for people with disabilities.
Accretion The gradual addition to the shore or
bank of a waterway by deposits of sand or silt.
Acre A measurement of
land equal to 43,560 square feet.
Acre-foot The volume of material needed to
cover an acre of land one foot deep. Often used as a measure of irrigation
water.
Active
solar system A system that utilizes electric pumps or fans to transfer
solar energy for storage or direct use.
Actual
age The number of years a structure has been
standing.
Actual
Eviction
The
legal process that results in the tenants being physically removed from the
leased premises, based on a breach by the tenant.
Actual
Notice
Having
direct knowledge of information, or having information or disclosure being
expressed to either in writing or verbally.
Act of
God Action occurring without the intervention of man which could include but
not be limited to hurricanes, earthquakes, floods, lightning storms etc.
Ad
valorem tax Tax based on assessed property value. Also known as an “taxed
at value”. The property is given an appraised value by the tax assessor, then
multiplied by the local tax assessment rate (which may be subject to a regional
equalization factor) and then multiplied by the mill
levis for a final tax
amount.
Addendum An addition or change to an existing
contract between two (2) or more parties, additional information that effects
the terms of the contract, but is not included in the body of the
contract.
Additional principal payment Additional funds
outside of the scheduled loan payment to reduce the principal balance and
shorten the term of the loan.
Adjustable rate mortgage (ARM) A home loan with
an interest rate that periodically adjusts to reflect changes in a specified
financial index.
Adjusted
cost basis The addition of any improvement costs a seller makes to a
property. Deducting this cost figure from the original sales price will
provide the realized profit or loss upon sale.
Adjustment period The amount of time between
interest rate adjustments in an adjustable-rate
mortgage.
Administrator A person given authority to
administer and distribute the effects of an estate left who dies without a will.
Administrator's deed A legal document that an
estate administrator uses to transfer property.
Adverse possession The acquisition of property
title through possession (open, notorious, continuous use) without the owner's
consent for a certain period of time (statutory period of time) that would
create
Adverse use The access and use of property
without the owner's consent.
Aeolian soil Soil composed of materials
deposited by the wind.
Affiant A person who makes a sworn
statement.
Affirmation A substitution for an oath granted
to people based on religious reasons.
Affordability Analysis An analysis of a
consumers ability to afford the purchase of a home. This analysis
usually includes the review of a potential borrower's income, liabilities and
available funds.
Agency The relationship of trust that exists
between a client and any person to which they have provided an authority to
represent them. Having a fiduciary responsibility for client. To work in the
best interest of.
Agency closing When a lender uses a title
company or other firm as an agent to complete a loan.
Agency
disclosure Most states require brokers to disclose who they are working
for in the transaction, as well as their relationship with each party, including
as an agent for or against either party or as a transaction broker or dual agent
for both
parties.
Agent
One
who acts to the benefit of or has the power to act on behalf of another. One who
has a fiduciary relationship created by agreement governed by
statute.
Agreed boundary A boundary property owners
agree on in order to resolve a dispute.
Agreement of sale A legal document the buyer
and seller approve detailing the price & terms of the
transaction.
Air handler The blower equipment in a furnace,
heat pump, or similar appliance designed for circulating heated or cooled air
through a central heating system.
Air
lot A designated airspace over a piece of property. The rights to this
may be conveyed (severed) separate from the land.
Air Space
The space within with the walls of a unit in
a condominium or similar common interest unit, the common elements of the
building are owned by the association.
Alcove A recessed section of a
room.
Alienation
To
vacate or abandon a property, whether voluntarily or
involuntarily.
Alienation clause A loan provision requiring
the borrower to pay the balance of the loan in a lump sum if the property is
sold or transferred.
Alkali Mineral salt found in
soil.
Alkaline soil Soil containing a higher
concentration of mineral salt or “base” elements than natural
acid
Alley A lane behind a row of buildings or
between two rows of buildings.
Allowance A dollar amount offered by builders
of new homes for the purchase of carpeting and fixtures.
Alternative mortgage A home loan program that
does not conform to standard fixed-rate mortgage
terms.
Amenities Enticements offered by builders of
planned developments. Common amenities include swimming pools, health
clubs and business centers.
American
Society of Home Inspectors (ASHI) Professional association of independent
home inspectors. Members must meet defined education and performance
requirements.
Americans with Disabilities Act
(ADA) A law passed in 1990 that
outlaws discrimination against a person with a disability in housing, public
accommodations, employment, government services, transportation and
telecommunications.
Amortization The process of paying the
principal and interest on a loan through regularly scheduled
payments.
Amortization loan
A
loan in which the principal as well as interest is payable in periodic (monthly)
installments over the term of the loan
Amortization tables Mathematical tables used to
calculate a borrower's monthly payment.
Amortization term The length of time required
to amortize the mortgage loan expressed as a number of months. For example, 360
months is the amortization term for a 30-year fixed-rate
mortgage.
Amperage The strength of an electrical
current.
Ampere The basic unit used to measure electric
current.
Anchor
bolt A large steel bolt anchored in concrete and attached to a building
to prevent the structure from moving.
Annual
assessments The process of placing a value on property for the sole
purpose of taxation. Also refers to a levy against property for a special
purpose, such as street lighting or sewer
assessment.
Annual mortgagor statement An annual statement
to borrowers detailing the remaining principal balance and amounts paid for
taxes and interest throughout the year.
Annual Percentage Rate
The percentage rate of return to a lender
after all loan costs and finance charges have been
included.
Annuity The payment of a fixed sum at regular
intervals.
Anticipation
An appraisal principal that states that
value may increase or decrease based on the expectation of a future use or
change in a property or community
Anticipatory breach A communication informing a
party to a contract that one or more obligations of the original contract will
not be fulfilled.
Antioxidant compound A substance applied to
aluminum wiring connections to seal and promote conduction.
Anti
Trust Laws
Laws designed to protect the public by
preserving free trade in an open marketplace by making it illegal to conspire
with other firms to minimize competition
Application fee An application fee is charged
by some lenders and may include charges for items such as property appraisal
and/or a credit report unless those fees are reported
separately.
Appraisal A professional opinion of the value
of a property by a licensed real estate appraiser.
Appraisal fee The fee that a professional real
estate appraiser charges to appraise, or estimate the market value of, a
property.
Appraisal report A written report on the value
of a property based on recent sales of comparable property in the area.
Appraised value A professional opinion of the
current market value of a property.
Appraiser
An
independent person trained to proved an
unbiased
Appreciation An increase in the value of a home
or other property.
APR (annual percentage rate) A measure of
interest that expresses the cost of a mortgage as a yearly rate on the loan
balance. The APR assumes the loan is held for its full term. For adjustable-rate
loans, the APR assumes the loan's index doesn't change from its initial
value.
Arbitration A method of resolving a dispute in
which a third party renders a decision.
Architect A licensed professional who designs
residential and commercial property structures.
Architectural fees The fee charged by an
architect for services. A common way of billing by architects is to charge
for their services by the hour, by the square foot or by a percentage of the
project budget.
ARM (adjustable rate mortgage) A
home loan with an interest rate that periodically adjusts to reflect changes in
a specified financial index.
ARM
index A publicly published number used as the basis for adjusting the
interest rates of adjustable rate loans (ARM).
Array A term used by tax assessors to describe
a list of properties in a certain category sold within a defined period of
time.
As-is condition The purchase or sale of a
property in its existing condition.
ASHI
(American Society of Home Inspectors) A professional association of
independent home inspectors whose members must meet and maintain defined
education and performance requirements.
Asking
price A seller's initial sales price.
Assemblage The combining of two or more
adjoining lots into one larger tract.
Assessed
value A tax assessor's determination of the value of a home in order to
calculate a tax base.
Assessment The estimated value of a piece of
real estate or a special levy placed in addition to taxes.
Assessment rolls A list of taxable property
compiled by the assessor.
Assessor An official who determines the
assessed value of a property.
Assets Items of value which include cash, real
estate, securities, and investments.
Assignment The transfer of rights to pay a debt
from one party to another, with the original party remaining liable for the debt
if the second party defaults.
Assignor A person who transfers rights and
interests of a property.
Assumable mortgage A mortgage that
can be transferred to another borrower.
Assumption clause A provision that allows a
buyer to take responsibility for the mortgage from a
seller.
Assumption fee A fee the lender charges to
process new records for a buyer who assumes an existing loan.
Automatic extension A clause in a listing
contract stating that the agreement will automatically continue for a certain
period of time after the expiration date (very
rare)
Automatic flue damper A device in the flue of a
heating unit that closes to prevent heat loss when the unit is not in operation.
Avigation easement An easement over private
property near an airport that limits the height of structures and
trees.
Awning
windows Single-sash windows that tilt outward and up.
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