- Fee simple
- The most complete form of ownership — absolute, of unlimited duration, and freely transferable by deed or will. Also called fee simple absolute.
- Real property
- Land plus everything permanently attached to it (improvements, fixtures) and the bundle of legal rights that go with ownership.
- Personal property (chattel)
- All property that is not real property — movable items not permanently affixed to the land.
- Bundle of rights
- The rights of ownership: possession, use (enjoyment), exclusion, disposition (transfer), and control.
- Fixture
- An item of personal property that has been so attached to real property that it becomes part of the real estate and transfers with it.
- Trade fixture
- An article attached by a tenant for use in a business; it remains the tenant's personal property and may be removed before the lease ends.
- Tests of a fixture (MARIA)
- Method of Attachment, Adaptability, Relationship of the parties, Intention, and Agreement — used to decide if an item is a fixture.
- Appurtenance
- A right or improvement that belongs to and transfers with the land, such as an easement, water rights, or a garage.
- Freehold estate
- An estate of ownership of indefinite duration — fee simple or a life estate.
- Life estate
- A freehold estate that lasts for the lifetime of a named person; it cannot be willed because it ends at death.
- Remainderman
- The third party who receives the property in fee simple when a life estate ends.
- Reversion
- The future interest left when the property returns to the original grantor (or heirs) after a life estate ends.
- Leasehold estate
- A tenant's right to possess and use property for a fixed or renewable term without owning it; a less-than-freehold estate.
- Estate for years
- A leasehold with a definite beginning and ending date; it terminates automatically with no notice required.
- Encumbrance
- Any claim, lien, charge, or right that limits an owner's title — liens, easements, encroachments, and deed restrictions.
- Easement
- A nonpossessory right to use another's land for a specific purpose, such as a driveway or utility line.
- Easement appurtenant
- An easement that benefits an adjacent parcel; it runs with the land. The benefited parcel is the dominant tenement; the burdened one is the servient tenement.
- Easement in gross
- An easement that benefits a person or company (e.g., a utility) rather than a neighboring parcel; there is no dominant tenement.
- Easement by prescription
- An easement gained through open, continuous, and hostile use of another's land for the statutory period.
- Encroachment
- An unauthorized intrusion of an improvement (fence, building, driveway) onto a neighbor's property; usually revealed by a survey.
- Lien
- A monetary claim or charge against property used as security for a debt; an encumbrance that can force a sale if unpaid.
- Police power
- Government's authority to regulate land for the public health, safety, and welfare — the basis for zoning and building codes.
- Eminent domain
- Government's power to take private property for public use through condemnation, paying the owner just compensation.
- Condemnation
- The legal process by which the government exercises eminent domain to acquire private property for public use.
- Escheat
- The reversion of property to the state when an owner dies with no will and no legal heirs.
- Taxation (government power)
- Government's right to levy charges on real property to raise public revenue; an unpaid tax creates a lien with high priority.
- Zoning
- Local police-power regulation that divides land into districts (residential, commercial, industrial) and controls use and density.
- Variance
- Permission to deviate from a zoning requirement because strict application would cause the owner undue hardship.
- Nonconforming use
- A use that was lawful before a zoning change but no longer complies; often allowed to continue as a grandfathered use.
- Deed restriction (CC&Rs)
- Private limits on land use placed in the deed or recorded covenants; they may be more restrictive than zoning.
- Metes and bounds
- A legal description using distances (metes) and compass directions (bounds) that traces a property's boundary back to a point of beginning.
- Rectangular (government) survey system
- A legal-description method using principal meridians and base lines to form townships, ranges, and sections.
- Section (survey)
- One square mile of land — 640 acres — and 1/36 of a township in the rectangular survey system.
- Township (survey)
- A 6-mile-by-6-mile square of land containing 36 sections (36 square miles).
- Lot and block system
- A legal description that refers to a lot and block number on a recorded subdivision plat map.
- Acre
- A unit of land area equal to 43,560 square feet.
- Littoral rights
- Water rights of an owner whose land borders a lake, sea, or ocean (a stationary body of water).
- Riparian rights
- Water rights of an owner whose land abuts a flowing watercourse such as a river or stream.
- Title
- The legal evidence of ownership and the bundle of rights in real property; not a physical document but a concept of ownership.
- Deed
- The written instrument that transfers (conveys) title to real property from the grantor to the grantee.
- Grantor
- The party who transfers (conveys) an interest in real property by deed.
- Grantee
- The party who receives an interest in real property by deed.
- General warranty deed
- The deed offering the greatest protection; the grantor warrants clear title against all defects, even those arising before the grantor owned the property.
- Special (limited) warranty deed
- A deed in which the grantor warrants title only against defects arising during the grantor's own period of ownership.
- Quitclaim deed
- A deed that conveys only whatever interest the grantor has, with no warranties; often used to clear clouds on title.
- Consideration (deed)
- Something of value exchanged for the property; a deed must recite consideration to be valid.
- Acknowledgment
- A formal declaration before a notary that the grantor signed the deed voluntarily; required to record the deed.
- Delivery and acceptance
- A deed transfers title only when it is delivered by the grantor and accepted by the grantee during the grantor's lifetime.
- Recording
- Entering a document in the public record to give constructive notice of an interest and establish its priority.
- Constructive notice
- Notice the law presumes everyone has because a document is recorded in the public record or possession is visible.
- Actual notice
- Knowledge a person directly has of a fact, such as seeing a tenant in possession or reading a document.
- Chain of title
- The recorded history of ownership transfers of a property from the earliest owner to the present.
- Cloud on title
- A claim or defect that impairs marketable title until it is resolved, often by a quitclaim deed or suit to quiet title.
- Marketable title
- Title free of reasonable doubt or serious defects that a well-informed buyer would accept.
- Title insurance
- A policy that protects the insured against losses from title defects, liens, or encumbrances not excepted in the policy.
- Severalty
- Ownership of property by one person or entity alone; sole ownership.
- Tenancy in common
- Co-ownership in which each owner holds an undivided fractional interest that can be willed; no right of survivorship.
- Joint tenancy
- Co-ownership with the right of survivorship; the four unities of time, title, interest, and possession must be present.
- Right of survivorship
- The feature of joint tenancy by which a deceased co-owner's interest passes automatically to the surviving joint tenants, not to heirs.
- Tenancy by the entirety
- Co-ownership available only to a married couple, with right of survivorship; neither spouse can convey separately.
- Condominium
- Ownership in fee simple of an individual unit plus an undivided share of the common elements.
- Cooperative (co-op)
- A form of ownership in which a corporation owns the building and residents own shares plus a proprietary lease for their unit.
- Will (devise)
- A written document directing how a person's property is distributed at death; real property passed by will is a devise.
- Intestate
- Dying without a valid will; property then passes by the state's laws of descent (intestate succession).
- Probate
- The court process that proves a will, settles debts, and distributes a deceased person's estate.
- Adverse possession
- Acquiring title by open, notorious, continuous, hostile, and exclusive possession of another's land for the statutory period.
- Market value
- The most probable price a property should bring in a competitive, open market under fair-sale conditions.
- Market price
- The actual price a property sold for, which may differ from its market value.
- Appraisal
- An impartial expert's opinion or estimate of a property's value as of a specific date, supported by data.
- Comparative market analysis (CMA)
- A licensee's estimate of value based on recent sales of comparable properties; used to price a listing, not a formal appraisal.
- Sales comparison approach
- An appraisal method that estimates value by comparing the subject to recently sold similar properties and adjusting for differences.
- Cost approach
- An appraisal method: land value plus the cost to rebuild improvements new, minus depreciation. Best for new or special-use property.
- Income (capitalization) approach
- An appraisal method that converts a property's net operating income into value; used mainly for income-producing property.
- Capitalization rate
- The rate of return on an income property: net operating income ÷ value. A higher cap rate implies more risk and lower value.
- Net operating income (NOI)
- Effective gross income minus operating expenses, before debt service; the income figure used in the income approach.
- Gross rent multiplier (GRM)
- A quick valuation factor: sale price ÷ gross monthly (or annual) rent; multiply a property's rent by the GRM to estimate value.
- Depreciation (appraisal)
- A loss in property value from physical deterioration, functional obsolescence, or external (economic) obsolescence.
- Physical deterioration
- Loss of value from wear, tear, or damage to the improvements.
- Functional obsolescence
- Loss of value from outdated or poorly designed features within the property, such as a one-car garage or a dated floor plan.
- External (economic) obsolescence
- Loss of value caused by factors outside the property, such as a nearby nuisance or a declining neighborhood; usually incurable.
- Highest and best use
- The legally permissible, physically possible, financially feasible, and most profitable use of a site — the basis of value.
- Principle of substitution
- A buyer will pay no more for a property than the cost of an equally desirable substitute. Underlies the sales comparison approach.
- Principle of conformity
- Value is maximized when a property is in reasonable harmony with surrounding properties in use and style.
- Principle of progression
- A modest property's value increases when surrounded by larger, more expensive properties.
- Supply and demand
- The economic principle that property value rises when demand exceeds supply and falls when supply exceeds demand.
- Reconciliation (appraisal)
- Weighing the value indications from the three approaches to arrive at a single final opinion of value; not averaging.
- Assessed value
- The value a taxing authority places on property to compute property taxes; often a percentage of market value.
- USPAP
- The Uniform Standards of Professional Appraisal Practice — the ethical and performance standards appraisers must follow.
- Anticipated obsolescence vs. depreciation
- Depreciation in appraisal is any loss in value from any cause; it differs from the accounting tax write-off of basis over time.
- Contract
- A legally enforceable agreement between competent parties to do or refrain from doing a lawful act.
- Valid contract
- A contract that meets all legal requirements: offer and acceptance, consideration, legal purpose, competent parties, and (for real estate) writing.
- Void contract
- An agreement that has no legal effect from the start because it lacks an essential element or has an illegal purpose.
- Voidable contract
- A contract that is valid but may be rescinded by one party, such as a contract signed by a minor or under duress.
- Unenforceable contract
- A valid agreement that a court will not enforce, often because it is not in writing as required by the statute of frauds.
- Statute of frauds
- The law requiring that contracts for the sale of real estate (and most leases over one year) be in writing to be enforceable.
- Bilateral contract
- A contract in which both parties make a promise — a promise for a promise, like a purchase agreement.
- Unilateral contract
- A contract in which one party promises to perform only if the other acts, like an open listing or an option.
- Offer and acceptance (meeting of the minds)
- Mutual agreement to the same terms; a counteroffer rejects the original offer and creates a new one.
- Earnest money
- A buyer's good-faith deposit showing serious intent; held in trust and usually applied to the purchase price at closing.
- Contingency
- A condition that must be met for a contract to become binding, such as financing, inspection, or appraisal contingencies.
- Liquidated damages
- An amount agreed in advance (often the earnest money) that the seller keeps if the buyer defaults.
- Specific performance
- A court remedy compelling a defaulting party to carry out the contract because real estate is unique.
- Breach of contract
- Failure to perform a contractual duty without legal excuse; gives the other party the right to remedies.
- Option contract
- An agreement giving a buyer the right, but not the obligation, to purchase within a set time at a set price for consideration.
- Land contract (contract for deed)
- An installment sale in which the seller keeps legal title until the buyer pays in full, while the buyer takes possession.
- Listing agreement
- A contract employing a broker to find a buyer or tenant for the principal's property in exchange for compensation.
- Exclusive right-to-sell listing
- A listing in which the broker earns a commission no matter who sells the property during the listing term.
- Exclusive agency listing
- A listing in which one broker is the only agent, but the owner may sell it themselves without owing a commission.
- Open listing
- A nonexclusive listing in which only the broker who finds the buyer earns a commission; the seller may use several brokers.
- Net listing
- A listing where the broker keeps any amount above a price the seller sets; illegal or discouraged in many states.
- Agency
- A fiduciary relationship in which an agent represents a principal in dealings with third parties.
- Principal (agency)
- The party who hires and authorizes an agent to act on their behalf; the client to whom fiduciary duties are owed.
- Fiduciary duties (OLD CAR)
- Obedience, Loyalty, Disclosure, Confidentiality, Accounting, and Reasonable care — the duties an agent owes the principal.
- Loyalty (fiduciary duty)
- The duty to put the principal's interests above all others, including the agent's own.
- Confidentiality (fiduciary duty)
- The duty not to disclose a principal's personal or financial information that could harm their bargaining position, even after the relationship ends.
- Accounting (fiduciary duty)
- The duty to account for all money and property entrusted to the agent, such as earnest money held in trust.
- Disclosure (fiduciary duty)
- The duty to reveal to the principal all material facts the agent knows that affect the transaction.
- Dual agency
- Representing both buyer and seller in the same transaction; legal only with the informed written consent of both parties.
- Buyer agency
- A relationship in which the licensee represents the buyer and owes the buyer fiduciary duties.
- Transaction (non-agency) broker
- A licensee who assists parties without representing either as an agent; owes honesty and fair dealing but not fiduciary duties.
- Procuring cause
- The agent whose actions set in motion an unbroken chain of events leading to the sale, earning the commission.
- Ready, willing, and able buyer
- A buyer prepared to buy on the seller's terms and financially able to do so; producing one typically earns the commission.
- Commission
- The negotiable fee a broker earns for services, usually a percentage of the sale price, paid at closing.
- Broker
- A licensee who may operate independently, employ salespeople, and represent clients in real estate transactions.
- Salesperson
- A licensee who must work under a sponsoring broker and cannot operate independently or hold client funds alone.
- Trust (escrow) account
- A separate account where a broker holds client funds such as earnest money, kept apart from the broker's own money.
- Commingling
- Improperly mixing client trust funds with the broker's personal or business funds — a license-law violation.
- Conversion (real estate)
- Using a client's trust funds for the broker's own purposes — a serious violation more severe than commingling.
- Multiple listing service (MLS)
- A cooperative database where member brokers share listings and offers of compensation to one another.
- 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 people of a protected class are moving in, to profit from turnover — illegal.
- Redlining
- A lender's illegal refusal to lend or insure in certain areas based on the racial or ethnic makeup of the neighborhood.
- Fair Housing Act
- The 1968 federal law (Title VIII) prohibiting discrimination in housing based on race, color, religion, national origin, sex, disability, and familial status.
- Protected classes (federal)
- Race, color, religion, national origin, sex, familial status, and disability — the seven classes protected by federal fair-housing law.
- Familial status
- A protected class covering households with children under 18, pregnant persons, and those securing custody of a child.
- Reasonable accommodation
- A change in rules or services a housing provider must allow so a person with a disability can use the housing, such as a service animal.
- Price-fixing
- Competing brokers conspiring to set commission rates — a per se antitrust violation; commissions must be set independently.
- Lease
- A contract conveying the right to use property for a term in exchange for rent; the landlord is the lessor, the tenant the lessee.
- Gross lease
- A lease in which the tenant pays a fixed rent and the landlord pays the property's operating expenses.
- Net lease
- A lease in which the tenant pays rent plus some or all of the property's expenses (taxes, insurance, maintenance).
- Percentage lease
- A lease, common in retail, where rent is a base amount plus a percentage of the tenant's gross sales.
- Constructive eviction
- When a landlord's failure to maintain the premises makes them uninhabitable, allowing the tenant to leave and stop paying rent.
- Security deposit
- Funds a landlord holds to cover unpaid rent or tenant damage; state law limits the amount and the return timeline.
- Misrepresentation
- A false statement of material fact that induces reliance; can be innocent, negligent, or fraudulent.
- Material fact
- A fact that would affect a reasonable buyer's decision to purchase or the price they would pay; must be disclosed.
- Latent defect
- A hidden physical defect not discoverable by ordinary inspection; sellers and agents who know of it must disclose it.
- Property condition disclosure
- A statement, required in most states, in which the seller discloses known material defects in the property to the buyer.
- Caveat emptor
- 'Let the buyer beware' — an older doctrine now limited by mandatory seller and agent disclosure laws.
- Stigmatized property
- A property psychologically impacted by an event (e.g., a death) rather than a physical defect; disclosure rules vary by state.
- Lead-based paint disclosure
- Federal law requires sellers and landlords of pre-1978 housing to disclose known lead-based paint and give the EPA pamphlet plus a 10-day inspection window.
- Residential Lead-Based Paint Hazard Reduction Act (Title X)
- The 1992 federal law mandating lead-based paint disclosure for housing built before 1978.
- Asbestos
- A fibrous mineral once used in insulation and flooring; airborne fibers cause lung disease, requiring careful removal or encapsulation.
- Radon
- A naturally occurring, odorless radioactive gas that can seep into homes from the soil; the second-leading cause of lung cancer.
- Mold
- A fungus that grows in damp areas and can cause health problems; disclosure and remediation may be required.
- Underground storage tank (UST)
- A buried tank, often for heating oil, that can leak and contaminate soil and groundwater, creating cleanup liability.
- CERCLA (Superfund)
- The federal law imposing strict, joint, and several liability on owners for cleanup of hazardous-waste contamination, even prior owners.
- Floodplain / flood zone
- An area at risk of flooding; properties in a designated flood zone usually require flood insurance for a federally backed loan.
- Mortgage
- A loan secured by real property; the borrower (mortgagor) pledges the property as collateral to the lender (mortgagee).
- Deed of trust
- A security instrument used instead of a mortgage in some states, involving a trustee who holds title until the loan is repaid.
- Promissory note
- The borrower's written promise to repay a debt; the evidence of the debt that the mortgage or deed of trust secures.
- Principal and interest (P&I)
- The two parts of a loan payment: principal repays the amount borrowed, interest is the cost of borrowing it.
- Amortization
- Repaying a loan through regular payments that cover interest and principal so the balance reaches zero by the end of the term.
- Loan-to-value ratio (LTV)
- The loan amount divided by the property's value or price; a higher LTV means a smaller down payment and more lender risk.
- Discount points
- Prepaid interest paid at closing to lower the loan's interest rate; one point equals 1% of the loan amount.
- PMI (private mortgage insurance)
- Insurance a borrower pays on a conventional loan when the down payment is under 20%, protecting the lender against default.
- Conventional loan
- A mortgage not insured or guaranteed by a government agency; it follows lender and secondary-market guidelines.
- FHA loan
- A loan insured by the Federal Housing Administration, allowing low down payments; the borrower pays mortgage insurance premiums.
- VA loan
- A loan guaranteed by the Department of Veterans Affairs for eligible veterans, often with no down payment.
- Secondary mortgage market
- Where existing loans are bought and sold (Fannie Mae, Freddie Mac, Ginnie Mae), giving lenders funds to make new loans.
- Adjustable-rate mortgage (ARM)
- A loan whose interest rate adjusts periodically based on an index plus a margin, shifting rate risk to the borrower.
- Fixed-rate mortgage
- A loan with an interest rate and payment that stay the same for the entire term.
- Acceleration clause
- A loan provision letting the lender demand the entire balance at once if the borrower defaults.
- Due-on-sale (alienation) clause
- A clause requiring the loan to be paid in full when the property is sold, preventing the buyer from assuming the loan.
- Foreclosure
- The legal process by which a lender forces the sale of property to recover an unpaid debt.
- Deficiency judgment
- A court judgment against a borrower when a foreclosure sale does not cover the full debt owed.
- RESPA
- The Real Estate Settlement Procedures Act — a federal law requiring loan-cost disclosures and prohibiting kickbacks and referral fees in closings.
- TILA (Truth in Lending Act)
- A federal law requiring lenders to disclose the cost of credit, including the annual percentage rate (APR) and finance charges.
- Loan Estimate
- A standardized TRID form a lender must give within three business days of application, disclosing estimated loan terms and closing costs.
- Closing Disclosure
- A TRID form the borrower must receive at least three business days before closing, showing final loan terms and settlement costs.
- Equal Credit Opportunity Act (ECOA)
- A federal law prohibiting lenders from discriminating in credit decisions based on protected characteristics.
- Escrow (closing)
- A neutral third party holds documents and funds and disburses them when all conditions of the sale are met.
- Proration
- Dividing prepaid or accrued expenses (taxes, rent, interest) fairly between buyer and seller as of the closing date.
- Debit and credit (settlement)
- On a settlement statement, a debit is a charge a party owes; a credit is an amount in a party's favor.
- Area of a rectangle
- Length × width. To find the area of rectangular land or a building footprint, multiply the two dimensions.
- Square feet in an acre
- 43,560 square feet. Divide a parcel's square footage by 43,560 to convert it to acres.
- Commission calculation
- Sale price × commission rate = total commission. A $300,000 sale at 6% yields an $18,000 commission.
- Seller's net
- Sale price − commission − other costs = net to seller. To find the price for a target net, divide the net by (1 − commission rate).
- Loan-to-value (LTV) formula
- Loan amount ÷ value (or price) = LTV. An 80% LTV on a $375,000 home is a $300,000 loan and a $75,000 down payment.
- Down payment
- Price − loan amount. With a $45,000 down payment on a $375,000 home, the buyer finances $330,000 (an 88% LTV).
- Discount point cost
- One point = 1% of the loan amount. Two points on a $200,000 loan cost $4,000, paid at closing.
- Property tax (from assessed value)
- Assessed value × tax rate = annual tax. A $320,000 assessment at a rate of 1.8% (18 mills) yields $5,760.
- Mill rate
- A property-tax rate expressed in thousandths: 1 mill = $1 of tax per $1,000 of assessed value (0.001).
- Capitalization rate formula
- Cap rate = net operating income ÷ value, so value = NOI ÷ cap rate. $96,000 NOI at a 9% cap rate ≈ $1,066,667 value.
- Gross rent multiplier formula
- GRM = sale price ÷ gross rent. Multiply a property's rent by the area GRM to estimate its value.
- Percent of profit or loss
- (Sale price − cost) ÷ original cost × 100. Always divide the gain or loss by the original purchase price.
- Tax proration
- Split annual taxes by the number of days each party owns the property. The seller is usually charged through the closing date.
- Rent proration
- Allocate collected rent by days of ownership; the buyer is typically credited for the portion covering days after closing.
- Transfer tax
- A tax on conveyance based on price, charged per a set increment (e.g., $0.55 per $500 of value), often paid by the seller.
- Commission split
- Apply each split in turn: total commission × company split, then × the agent's share, to find each party's amount.
- Net operating income (calculation)
- Effective gross income − operating expenses = NOI. Exclude mortgage payments and depreciation from operating expenses.