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NEGATIVE CASH FLOW The investment situation where cash expenditures to maintain an investment (taxes, mortgage payments, maintenance, etc.) exceed the cash income received from the investment. WALK-THROUGH A final inspection of a home to check for problems that may need to be corrected before closing. DEFERRED COMMISSIONS Commissions which are earned but not yet fully paid. ACCESS A general or specific right of ingress and egress to a particular property. FINANCIAL STATEMENT A formal statement of the financial status and net worth of a person or company, setting forth and classifying assets and liabilities as of a specified date. APPRAISAL The process of estimating, fixing, or setting the market value of real property. An appraisal may take the form of a lengthy report, a completed form, a simple letter, or even an oral report. PROMISSORY NOTE An unconditional written promise of one person to pay a certain sum of money to another, or order, or bearer, at a future specified time. SHORELINE The dividing line between private land and public beach on beachfront property. RECAPTURE CLAUSE A clause usually found in percentage leases, especially in shopping center leases, giving the landlord the right to terminate the lease (and thus "recapture" the premises)if the tenant does not maintain a specified minimum amount of business. JUDGMENT LIEN A lien binding on all the real estate of a judgment-debtor and giving the holder of the judgment a right to levy (i.e. to seize) the land for satisfaction of the judgment. RENEWAL OPTION A covenant in some leases which gives the lessee the right to extend the lease term for a certain period, on specified terms. CONVERSION CLAUSE A provision in some ARMs that allows you to change an ARM to a fixed-rate loan, usually after the first adjustment period. The new fixed rate will be set at current rates, and there may be a charge for the conversion feature. EMBLEMENTS Growing crops (called "fructus industriales"),such as rice and taro, which are produced annually through labor and industry. EXCLUSIVE AGENCY A written listing agreement giving one agent the right to sell property for a specified time, but reserving to the owner the right to sell the property himself without payment of any commission. MARKETABLE TITLE Good or clear title reasonably free from risk of litigation over possible defects; also referred to as merchantable title. Marketable title need not, however, be perfect title. LAND CONTRACT Another name for an installment purchase contract, by which the buyer obtains equitable title (the right to use the property) while the seller retains legal title (recorded title)as security for payment of the balance of the purchase price. NEGOTIATION The transaction of business aimed at reaching a meeting of minds among the parties; bargaining. BULK TRANSFERS Any transfer in bulk, and not in the ordinary course of the seller's business, of a major part of the materials, inventory or supplies of an enterprise. VENDEE The purchaser of realty; the buyer. The buyer under an agreement of sale. METES AND BOUNDS A common method of land description that identifies a property by specifying the shape and boundary dimensions of the parcel, using terminal points and angles. EQUITY The difference between the current market value of a property and the total debt obligations against the property. On a new mortgage loan, the down payment represents the equity in the property. PREPAYMENT PENALTY The amount set by the creditor as a penalty to the debtor for paying off the debt prior to its maturity. The prepayment penalty is charged by the lender to recoup a portion of interest that he had planned to earn when he made the loan. SURRENDER A premature conveyance of a possessory estate to a person having a future interest, as when a lessee surrenders the leasehold interest to the owner of the reversion interest, the lessor, before the normal expiration of the lease. BASE LINE AND MERIDIAN An imaginary set of lines used by surveyors to locate and describe land under the Rectangular Survey Method of property description used in most mainland states. |
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