- Illinois entry-level real estate license
- Broker. Since 2011 Illinois has had NO 'salesperson' license — the entry-level license is the Broker, and Managing Broker is the upper, supervisory tier. (225 ILCS 454)
- Managing Broker (Illinois)
- A broker who has supervisory responsibility for licensees in one or more offices; the upper tier above the entry-level Broker license. Requires added education and experience. (225 ILCS 454/1-10)
- IDFPR
- Illinois Department of Financial and Professional Regulation — administers and enforces the Real Estate License Act of 2000 through its Division of Real Estate. There is no separate 'Real Estate Commission.'
- Division of Real Estate
- The unit within IDFPR that regulates real estate licensees in Illinois, headed by a Director appointed by the IDFPR Secretary.
- Real Estate License Act of 2000
- 225 ILCS 454 — the Illinois statute governing licensing and practice of brokers and managing brokers; abolished the salesperson license effective 2011.
- Illinois Broker pre-license education
- 75 hours of approved instruction: 60 hours of Real Estate Topics plus 15 hours of Applied Real Estate Principles (interactive/situational).
- Applied Real Estate Principles (15 hours)
- The interactive, case-study portion of the 75-hour Broker pre-license course; delivered in a classroom, live webinar, or online distance-education format.
- Illinois Broker minimum eligibility
- At least 18 years old with a high school diploma or GED, plus the 75-hour pre-license course and a passing exam score. (225 ILCS 454)
- Pre-license exemption (Illinois)
- Attorneys currently admitted to practice law by the Supreme Court of Illinois are exempt from the 75-hour pre-license education and the high-school-diploma requirement. (225 ILCS 454/5-25)
- Sponsoring broker
- A licensed broker (or company) under whom a sponsored licensee must work; an Illinois licensee may not engage in licensed activity without sponsorship. (225 ILCS 454)
- Illinois Broker exam pass score
- A scaled score of 75% (75) is required to pass; the exam has a national/general portion and an Illinois state-specific portion. Roughly three-quarters of first-time takers pass.
- 45-hour post-license education
- A newly licensed Illinois Broker must complete a 45-hour post-license program (three 15-hour courses) before the first license renewal.
- Illinois Broker continuing education (CE)
- 12 hours per two-year renewal: a 6-hour Core course plus 6 hours of electives, with Sexual Harassment Prevention Training counting toward the requirement.
- Illinois Broker license renewal date
- April 30 of every even-numbered year, on a two-year cycle. (Managing Brokers renew April 30 of odd-numbered years.)
- Designated agency (Illinois default)
- The default agency relationship in Illinois: the sponsoring broker is presumed to appoint the sponsored licensee working with a client as that client's legal agent. (225 ILCS 454/15-50)
- Designated agent
- The individual sponsored licensee named by the sponsoring broker as the legal agent of a client — insulating other licensees in the firm from that agency. (225 ILCS 454/1-10)
- Dual agency in Illinois
- Permitted only with the written, informed consent of all clients, given before the licensee acts as a dual agent. The Act provides statutory disclosure-and-consent forms. (Article 15)
- Two designated agents, one firm
- In Illinois, the sponsoring broker may appoint different designated agents for the buyer and the seller in the same transaction without the firm itself becoming a dual agent.
- When to disclose designated agency
- In writing, no later than when the licensee begins working as a designated agent on the consumer's behalf. (Article 15)
- Ministerial acts (Illinois)
- Informational or clerical acts — like showing property or giving factual information — that do NOT, by themselves, create an agency relationship under Article 15.
- Illinois escrow account rule
- A broker must hold escrow moneys belonging to others (e.g., earnest money) in a special account, separate and apart from personal and other business funds. (225 ILCS 454/20-20)
- Interest on Illinois escrow accounts
- The escrow special account is non-interest-bearing by default, unless the principals to the transaction agree in writing to an interest-bearing account. (225 ILCS 454/20-20)
- Commingling (Illinois)
- Mixing escrow funds belonging to others with the licensee's own money or property — prohibited and grounds for discipline under 225 ILCS 454/20-20.
- Disputed earnest money (Illinois)
- The broker must keep disputed earnest money in escrow and may release it only by written agreement of the parties, a court order, or as the rules at 68 Ill. Adm. Code 1450.750 permit.
- Escrow deposit deadline (Illinois)
- Escrow moneys must be turned over to the sponsoring broker promptly and deposited by the next business day following acceptance of the contract. (225 ILCS 454/20-20; 68 Ill. Adm. Code 1450.750)
- Residential Real Property Disclosure Report
- Required by the Illinois Residential Real Property Disclosure Act (765 ILCS 77); the seller discloses known material defects to the buyer. It is a disclosure of actual knowledge, not a warranty.
- Illinois Radon Awareness Act
- On a residential sale, the seller must give the buyer (before contract) the Illinois Disclosure of Information on Radon Hazards and the IEMA radon pamphlet.
- Illinois Real Estate Recovery Fund — single claim cap
- An aggrieved person may recover up to $25,000 from the Fund for damages in a single transaction. (225 ILCS 454/20-85)
- Illinois Recovery Fund — aggregate cap per licensee
- Maximum total liability against the Fund arising out of the activities of any one licensee is $100,000. (225 ILCS 454/20-85)
- Recovery Fund payment consequence
- When the Fund pays a claim, the licensee's license is automatically terminated/suspended until the licensee repays the Fund in full plus interest. (225 ILCS 454/20-85)
- Real Estate Administration and Disciplinary Board
- A 15-member board appointed by the Governor (12 active managing brokers/brokers + 3 public members) that advises IDFPR and recommends discipline. (225 ILCS 454/25-10)
- Public members of the Illinois Board
- Of the 15 board members, 3 must be public members representing consumer interests — not licensees, spouses, or immediate family of licensees. (225 ILCS 454/25-10)
- Illinois Human Rights Act (fair housing)
- 775 ILCS 5, Article 3 — prohibits discrimination in Illinois real estate transactions and adds protected classes beyond the federal seven; enforced by the Illinois Department of Human Rights.
- Extra Illinois protected classes
- Beyond the federal seven, the Illinois Human Rights Act adds source of income, marital status, sexual orientation, age, military status, order-of-protection status, and more.
- Order-of-protection status
- An Illinois Human Rights Act protected class — it is illegal to discriminate in housing against a person who is, or has been, protected by an order of protection.
- Illinois Real Estate Transfer Tax (State rate)
- $0.50 per $500 of value (i.e., $1.00 per $1,000). Administered by the Illinois Department of Revenue; stamps collected by county recorders. (35 ILCS 200, Art. 31)
- Illinois county transfer tax
- Counties may impose a transfer tax of $0.25 per $500 of value — half the State rate. Home rule municipalities may add their own. (35 ILCS 200, Art. 31)
- Who pays the Illinois transfer tax
- The seller (grantor) is primarily responsible for the State and county transfer tax. Some home rule municipal taxes shift to the buyer. (35 ILCS 200, Art. 31)
- Residential Leasing Agent (Illinois)
- A separate license limited to leasing residential real property; distinct from the Broker license and may not be used for sales. (225 ILCS 454)
- Confidentiality after termination (Illinois)
- A licensee's duty not to disclose confidential client information survives the end of the agency relationship. (Article 15, 225 ILCS 454)
- Grounds for discipline (Illinois)
- Commingling/converting escrow funds, substantial misrepresentation, fraud, failing to account, and unlicensed practice are grounds for IDFPR discipline. (225 ILCS 454/20-20)
- Sponsor card / sponsorship
- An Illinois licensee may not engage in licensed activity unless actively sponsored by a sponsoring broker, with the sponsorship documented and on file. (225 ILCS 454)
- Illinois agency disclosure timing
- Designated agency must be disclosed in writing no later than when the licensee starts representing the consumer; dual-agency consent must be obtained before acting as a dual agent.
- No 'salesperson' in Illinois
- Since 2011, Illinois licenses Brokers (entry-level) and Managing Brokers (supervisory). The word 'salesperson' is a common exam distractor — it is not an Illinois license category.
- Sexual Harassment Prevention Training
- A required component counting toward Illinois real estate CE; it is part of the 12-hour Broker renewal and the post-license curriculum.
- Illinois Broker scope of practice
- An Illinois Broker may, for compensation and under a sponsoring broker, list, sell, buy, lease, exchange, and manage real estate and prepare CMAs — but must be supervised, not independent.
- Plat Act / surveys (Illinois)
- Illinois's Plat Act governs the subdivision and platting of land; legal descriptions in Illinois commonly use lot-and-block references to recorded plats.
- Mortgage state (Illinois)
- Illinois is a lien-theory, mortgage state — the borrower keeps title and the lender holds a lien. Foreclosure is judicial through the courts. (735 ILCS 5, Art. XV)
- Illinois Plat Act compliance
- Before a deed for a subdivided parcel is recorded, the division generally must comply with the Plat Act unless an exemption applies.
- Real property
- Land plus everything permanently attached to it (improvements and fixtures) and the bundle of legal rights of ownership.
- Bundle of rights
- Possession, use (enjoyment), exclusion, disposition (transfer), and control — the rights that come with ownership.
- Fee simple absolute
- The most complete ownership — of unlimited duration, freely transferable by deed or will, and inheritable.
- Fixture
- Personal property attached to real property so it becomes part of it and transfers with the land. The MARIA tests decide whether an item is a fixture.
- MARIA test
- Method of attachment, Adaptability, Relationship of the parties, Intention, and Agreement — the factors that determine whether an item is a fixture.
- Easement
- A nonpossessory right to use another's land for a specific purpose, such as a driveway or utility line.
- Encroachment
- An unauthorized intrusion of an improvement (fence, building) onto a neighbor's land — a title and survey issue.
- Encumbrance
- Any claim, lien, charge, or right that limits an owner's title — liens, easements, encroachments, and deed restrictions.
- Police power
- Government's authority to regulate land for public health, safety, and welfare — the basis of zoning and building codes, with no payment to the owner.
- Eminent domain
- Government's power to take private property for public use through condemnation, paying the owner just compensation.
- PETE
- The four government powers over land: Police power, Eminent domain, Taxation, and Escheat. Only eminent domain pays the owner.
- Escheat
- Property reverts to the state when an owner dies with no will and no legal heirs.
- Metes and bounds
- A legal description using distances (metes) and compass directions (bounds) traced back to a point of beginning.
- Rectangular (government) survey
- Describes land by townships, ranges, and sections relative to principal meridians and base lines.
- Section (survey)
- One square mile — 640 acres — and one thirty-sixth of a 6-mile-square township.
- Acre
- A unit of land area equal to 43,560 square feet.
- Lot-and-block description
- Refers to a lot and block number on a recorded subdivision plat — the most common description for platted Illinois subdivisions.
- Riparian rights
- The water rights of an owner whose land borders a flowing waterway such as a river or stream.
- Littoral rights
- The water rights of an owner whose land borders a stationary body of water such as a lake or the sea.
- Severalty
- Sole ownership by one person or entity — no co-owners.
- Tenancy in common
- Co-ownership with undivided, willable shares and no right of survivorship; the default co-ownership form in Illinois.
- Joint tenancy
- Co-ownership with the right of survivorship; requires the four unities of time, title, interest, and possession.
- Four unities (joint tenancy)
- Time, Title, Interest, and Possession — all four must exist to create a valid joint tenancy with survivorship.
- Tenancy by the entirety (Illinois)
- A form of ownership available only to married couples for homestead/principal-residence property, with survivorship and creditor protection. Illinois recognizes it for a couple's homestead.
- General warranty deed
- Gives the most protection — the grantor warrants clear title against all defects, even those arising before the grantor's ownership.
- Quitclaim deed
- Conveys only whatever interest the grantor has, with no warranties; often used to clear a cloud on title.
- Delivery and acceptance
- Title transfers when the grantor delivers and the grantee accepts the deed — not on recording.
- Recording / constructive notice
- Recording a deed at the county recorder gives constructive notice to the world and establishes priority among interests.
- Title insurance
- A policy protecting the insured against loss from title defects (liens, recording errors) that existed before the policy date.
- Illinois homestead exemption
- Protects a portion of a homeowner's equity in a principal residence from certain creditors; Illinois sets a statutory dollar exemption (735 ILCS 5/12-901).
- Market value
- The most probable price a property should bring in a competitive, open market under fair conditions — an opinion of value.
- Market value vs. price vs. cost
- Value is an opinion of worth; price is what a buyer actually paid; cost is the money spent to build or improve. They are not the same.
- Appraisal
- An impartial, supported opinion of value prepared by a licensed appraiser as of a specific date, following USPAP.
- Comparative market analysis (CMA)
- A licensee's estimate of value from recent comparable sales used to help price a listing — not a formal appraisal.
- Highest and best use
- The legally permissible, physically possible, financially feasible, and most profitable use of a site — the basis of value.
- Sales comparison approach
- Compares the subject to recently sold similar properties, adjusting for differences. Best for single-family homes; based on substitution.
- Cost approach
- Land value + cost to rebuild the improvements new − depreciation. Best for new or special-use property.
- Income (capitalization) approach
- Value =Capitalization rateNet operating income. Best for income-producing property.
- Net operating income (NOI)
- Effective gross income minus operating expenses, before any mortgage payment — the income figure used in the income approach.
- Capitalization rate
- The rate of return on an income property: cap rate=valueNOI. A higher cap rate implies more risk and lower value.
- Reconciliation (appraisal)
- Weighing the three value indications into one final opinion — not simply averaging them.
- Depreciation (appraisal)
- Loss in value from physical deterioration, functional obsolescence, or external (economic) obsolescence.
- Contract (valid elements)
- A legally enforceable agreement needing mutual agreement, consideration, legal purpose, and competent parties — and, for real estate, a writing.
- Statute of frauds
- Requires real estate sale contracts (and most leases over one year) to be in writing to be enforceable.
- Earnest money
- A buyer's good-faith deposit; held in the broker's escrow account and usually applied to the price at closing.
- Contingency
- A condition that must be met for a contract to become binding — such as financing, inspection, or appraisal contingencies.
- Void vs. voidable
- Void = missing an essential element, no legal effect; voidable = valid until a party with the right chooses to rescind (e.g., a minor's contract).
- Exclusive right-to-sell listing
- The listing broker earns the commission no matter who finds the buyer — the most protective listing for the broker.
- Exclusive agency listing
- The broker earns the commission unless the owner personally sells the property.
- Open listing
- Only the broker who actually finds the buyer earns the commission; the seller may list with several brokers.
- Agency
- A fiduciary relationship in which an agent represents a principal in dealings with third parties.
- Fiduciary duties (OLD CAR)
- Obedience, Loyalty, Disclosure, Confidentiality, Accounting, and Reasonable care — the duties an agent owes the principal.
- Specific performance
- A court order making a defaulting seller complete the sale; available because land is considered unique.
- Procuring cause
- The broker whose efforts directly led to the sale — relevant to who earns the commission, especially on open listings.
- Liquidated damages
- An agreed-in-advance amount (often the earnest money) a seller keeps if the buyer defaults, in place of suing for actual damages.
- Bilateral vs. unilateral contract
- Bilateral = a promise for a promise (sale contract); unilateral = a promise for an act (an option, or an open listing).
- Fair Housing Act (federal)
- The 1968 law banning housing discrimination based on race, color, religion, national origin, sex, familial status, and disability — seven protected classes.
- Steering
- Illegally guiding buyers toward or away from neighborhoods based on a protected class — a fair-housing violation.
- Blockbusting
- Inducing owners to sell by claiming members of a protected class are moving into the area — a fair-housing violation.
- Redlining
- A lender refusing to lend or insure in an area based on its demographic makeup — a fair-housing/lending violation.
- Reasonable accommodation
- A change in rules or services a housing provider must allow so a person with a disability can use a dwelling — such as a service animal.
- Lease (lessor / lessee)
- A contract conveying the right to use property for a term in exchange for rent; landlord = lessor, tenant = lessee.
- Property management agreement
- Employs a managing broker/agent to operate property for an owner — collecting rent, maintaining the property, and accounting for funds.
- Antitrust — price fixing
- Agreeing with competitors to set commission rates is an illegal antitrust violation; commissions are always negotiable.
- Trust (escrow) funds
- Client money — like earnest money or security deposits — that a broker must keep separate from personal funds; commingling is a violation.
- Gross lease vs. net lease
- Gross lease: landlord pays operating expenses. Net lease: tenant pays some or all of taxes, insurance, and maintenance.
- Material fact
- A fact that would affect a reasonable buyer's decision or price; in Illinois the seller discloses known material defects on the statutory report.
- Latent defect
- A hidden physical defect not discoverable by ordinary inspection; a known latent defect must be disclosed.
- Illinois Residential Real Property Disclosure Act
- 765 ILCS 77 — requires the seller to give the buyer a Residential Real Property Disclosure Report of known material defects; a disclosure of knowledge, not a warranty.
- Illinois radon disclosure
- Under the Radon Awareness Act, a residential seller must give the buyer the Illinois Disclosure of Information on Radon Hazards and the IEMA radon pamphlet before contract.
- Lead-based paint disclosure
- Federal Title X requires sellers/lessors of pre-1978 housing to disclose known lead paint, give the EPA/HUD pamphlet 'Protect Your Family From Lead in Your Home,' and (for sales) a 10-day test window.
- Radon
- An odorless, radioactive gas from soil that can accumulate indoors; Illinois requires radon-hazard disclosure on residential sales.
- Asbestos
- A hazardous material in old insulation and flooring; remove or encapsulate to control fibers.
- Mold
- Grows in damp areas; may require disclosure and remediation as a material condition.
- Underground storage tank (UST)
- Can leak and contaminate soil and groundwater, creating potential cleanup liability for an owner.
- Stigmatized property
- A property psychologically impacted by an event (e.g., a death); Illinois law limits when such facts must be disclosed.
- Caveat emptor (limited)
- 'Let the buyer beware' — now limited by Illinois and federal disclosure laws requiring sellers to reveal known material defects.
- Mortgage (Illinois)
- Illinois's security instrument: the borrower (mortgagor) keeps title and gives the lender (mortgagee) a lien. Illinois is a lien-theory state.
- Judicial foreclosure (Illinois)
- Because Illinois is a mortgage, lien-theory state, foreclosure runs through the courts under the Illinois Mortgage Foreclosure Law (735 ILCS 5, Art. XV).
- Equity of redemption
- A defaulting borrower's right to reinstate or pay off the debt and reclaim the property; Illinois sets statutory redemption periods.
- Promissory note
- The borrower's written promise to repay the debt; the mortgage secures the note with the property.
- Loan-to-value ratio (LTV)
- LTV=value or priceloan amount. A higher LTV means a smaller down payment and more lender risk.
- Conventional loan
- A loan not insured or guaranteed by the government; LTV above 80% usually requires private mortgage insurance (PMI).
- FHA vs. VA loans
- FHA loans are government-insured (low down payment); VA loans are government-guaranteed for eligible veterans (often 0% down).
- RESPA
- The Real Estate Settlement Procedures Act — requires loan-cost disclosures (Loan Estimate, Closing Disclosure) and prohibits kickbacks at closing.
- TILA
- The Truth in Lending Act — requires lenders to disclose the cost of credit, including the annual percentage rate (APR).
- Loan Estimate / Closing Disclosure timing
- Loan Estimate within 3 business days of application; Closing Disclosure at least 3 business days before closing.
- Proration
- Dividing prepaid or accrued expenses — taxes, rent, interest — fairly between buyer and seller as of the closing date.
- PMI (private mortgage insurance)
- Insurance a lender requires on a conventional loan when the LTV is above 80%, protecting the lender against borrower default.
- Commission formula
- Commission =sale price×rate. A $300,000 sale at 6% is a $18,000 commission.
- Price for a target seller net
- Price =1−ratenet. To net $300,000 after 6%, divide by 0.94 → $319,149.
- Square feet to acres
- Divide square feet by 43,560. One acre = 43,560 sq ft; one section = 640 acres.
- Feet per mile
- 1 mile = 5,280 feet. Memorize this and 43,560 sq ft/acre — they are not provided at the test center.
- Income approach value
- Value =cap rateNOI. A $135,000 NOI at a 9% cap rate gives $1,500,000.
- Annual property tax
- Tax =assessed value×tax rate (or mills ×0.001). 18 mills on $320,000 = $5,760.
- Discount points
- Each point is 1% of the loan amount. 1.5 points on a $425,000 loan = 0.015×425,000 = $6,375.
- Commission split
- Apply each percentage in turn: total commission → brokerage share → agent split. A 70/30 agent split keeps 70% of the brokerage's portion.
- Loan-to-value from down payment
- LTV =priceloan=1−pricedown payment. A $45,000 down on $375,000 = 88% LTV.
- Mill rate
- 1 mill = $1 per $1,000 of assessed value, or 0.001. Tax levy ÷ assessed base = the mill rate needed.
- Area of a rectangle
- Area =length×width. A 0.5-acre rectangular lot (21,780 sq ft) that is 145 ft deep is 150 ft wide.
- Combining parcels
- Add the acreages, then multiply by 43,560 to convert to square feet. 0.75 + 1.25 + 2.5 = 4.5 acres = 196,020 sq ft.
- Buyer's agent
- A licensee who represents the buyer's interests; in Illinois, typically a designated agent appointed by the sponsoring broker.
- Seller's (listing) agent
- A licensee who represents the seller; in Illinois, a designated agent named by the sponsoring broker for the seller.
- Customer vs. client (Illinois)
- A client is represented (owed fiduciary duties); a customer is not represented but is still owed honesty and material-defect disclosure.
- Advertising rules (Illinois)
- All licensee advertising must include the sponsoring broker's business name; blind ads (no broker identification) are prohibited under the Act and rules.
- Branch office (Illinois)
- A separate place of business of a sponsoring broker; each branch must be registered/licensed and supervised by a managing broker.
- Inactive / unsponsored license
- A licensee without a sponsoring broker is inactive and may not perform licensed activity until sponsorship is restored. (225 ILCS 454)
- Independent contractor vs. employee
- Many Illinois licensees work as independent contractors of the sponsoring broker, but the broker still supervises licensed activity.
- Net listing (Illinois caution)
- A listing where the broker keeps any amount above the seller's set price — disfavored as a conflict of interest and restricted in many states.
- Option contract
- A unilateral contract giving a buyer the right, but not the obligation, to buy within a set period for a stated price, for consideration.
- Assignment of contract
- Transferring contract rights to another party; allowed unless the contract or law forbids it.
- Counteroffer
- A response that changes the terms of an offer; it rejects the original offer and creates a new one the other party may accept.
- Accretion / erosion
- Accretion is the gradual addition of land by water deposits; erosion is the gradual loss of land. Both affect property boundaries.
- Appurtenance
- A right or improvement that runs with the land and passes with its transfer — such as an easement appurtenant.
- Life estate
- An estate measured by someone's lifetime; on death it passes to a remainderman or reverts to the grantor.
- Deed restriction (covenant)
- A private limit on land use written into a deed or subdivision plat; enforceable by other owners, separate from zoning.
- Variance
- Permission to deviate from a zoning rule because of unique hardship, without rezoning the property.
- Nonconforming use
- A use that was legal before a zoning change and is allowed to continue ('grandfathered') after the new rule.
- Adverse possession
- Acquiring title by open, notorious, continuous, hostile, and exclusive possession for the statutory period; Illinois sets the timeframe by statute.
- Chain of title
- The recorded history of ownership transfers; a gap or defect creates a cloud on title.
- Abstract of title
- A summary of the recorded documents affecting title, used (with an attorney's opinion or title insurance) to evaluate marketability.
- Marketable title
- Title free from reasonable doubt or serious defects, which a buyer can be compelled to accept.
- Gross rent multiplier (GRM)
- Value =GRM×gross rent; a quick income screen used mainly for residential rentals.
- Effective gross income
- Potential gross income minus vacancy and collection loss, plus other income — the figure before operating expenses in the income approach.
- Functional obsolescence
- Loss in value from outdated design or features (e.g., a one-car garage), independent of physical condition.
- External obsolescence
- Loss in value from factors outside the property (e.g., a nearby nuisance) — usually incurable by the owner.
- Principle of substitution
- A buyer will pay no more for a property than the cost of an equally desirable substitute — the basis of the sales comparison approach.
- Buydown
- Paying points up front to lower the interest rate for some or all of the loan term.
- Amortization
- Paying off a loan with regular payments of principal and interest so the balance reaches zero by the end of the term.
- Balloon payment
- A large final payment due at the end of a loan that was not fully amortized over its term.
- Acceleration clause
- Lets a lender demand the full balance at once when the borrower defaults — the basis for foreclosure.
- Due-on-sale clause
- Requires the loan to be paid in full when the property is sold, preventing an unapproved assumption.
- Adjustable-rate mortgage (ARM)
- A loan whose interest rate changes periodically based on an index plus a margin, subject to rate caps.
- Closing / settlement
- The final step where funds are disbursed, the deed is delivered and recorded, and the buyer takes title.
- Debit vs. credit (settlement)
- On a settlement statement, a debit is a charge to a party; a credit is an amount owed to that party.
- Proration of taxes
- Split unpaid or prepaid taxes between buyer and seller by days of ownership; the seller is usually charged through the closing date.
- Percentage / rate problems
- Part =whole×rate; rearrange to find any missing piece (e.g., rate = part ÷ whole).
- Profit / loss on sale
- Percent change =oldnew−old. A gain divides by the original cost, not the sale price.
- Net to seller
- Sale price minus commission and the seller's other closing costs and loan payoff equals the seller's net proceeds.
- Assessed value vs. market value
- Assessed value is the figure used for taxes (often a fraction of market value via an assessment ratio), not the market price.
- Square footage of a multi-story home
- Add the finished area of each floor. A 1,800 sq ft main floor plus a 1,100 sq ft second story totals 2,900 sq ft.
- Subagency
- An agency relationship created when a cooperating broker works on behalf of the listing broker's principal — less common under designated agency.
- Puffing vs. misrepresentation
- Puffing is opinion/sales talk ('best view in town'); a false statement of material fact is misrepresentation and is actionable.
- Time is of the essence
- A contract clause making the stated deadlines strict; missing a date can be a material breach.
- Novation
- Substituting a new contract or party for an old one, releasing the original obligor with all parties' consent.
- ADA (public accommodations)
- The Americans with Disabilities Act requires commercial/public-accommodation properties to be accessible — separate from fair-housing rules for dwellings.
- Security deposit handling
- A managing broker must hold tenant security deposits per the lease and applicable law and account for them — they are trust funds.
- Megan's Law / sex-offender info
- Buyers can access public sex-offender registries; licensees generally direct buyers to the registry rather than independently disclosing.
- Flood zone disclosure
- A property in a FEMA-designated flood zone may require flood insurance; flood risk is a material condition buyers consider.
- Mortgage vs. deed of trust
- Illinois uses a mortgage (two parties, judicial foreclosure); deed-of-trust states use a trustee and non-judicial sale. Know which your state uses.
- Closing statement reconciliation
- The total debits and credits must balance for each party and overall; the buyer's cash to close and the seller's net both come from this balancing.