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VENDOR The seller of realty. The seller under an agreement of sale. RESIDUAL PROCESS An appraisal process used in the income approach to estimate the value of the land and/or the building, as indicated by the capitalization of the residual net income attributable to it. TITLE COMPANY A company that insures title to property. GRANTOR The person transferring title to, or an interest in, real property. A grantor must be competent to convey; thus, for example, an insane person cannot convey title to real property. CONSTRUCTIVE NOTICE Notice of certain facts which are implied bylaw to a person because he could have discovered the fact by reasonable diligence or by inquiry into public records. PARCEL A specific portion of a larger tract; a lot. DISTRAINT The right of a landlord, pursuant to a court order, to seize a tenants belongings for rents in arrears. DISCLAIMER A statement denying legal responsibility, frequently found in the form of, "There are no promises, representations, oral understandings or agreements except as contained herein." RESTRICTIVE COVENANT A private agreement, usually contained in a deed, which restricts the use and occupancy of real property. REVERSION A future estate in real property created by operation of law when a grantor conveys a lesser estate than he has. The residue left in the grantor is called a reversion which commences in possession in the future upon the end of a particular estate granted or devised, whether it be freehold or less-than-freehold. MILITARY CLAUSE A clause inserted in some residential leases to allow the military tenant to terminate the lease in case of transfer, discharge or other circumstances making termination appropriate. PROBATE The formal judicial proceeding to prove or confirm the validity of a will. The will is presented to the probate court, and creditors and interested parties are notified to present their claims or to show cause why the provisions of the will should not be enforced by the court. ARM See Adjustable Rate Mortgage Loans. OVERRIDE A commission paid to managerial personnel (e.g. principal broker) on sales made by their subordinates, usually calculated as a percentage of the gross sales commissions earned by the salesperson. INCOME APPROACH An approach to the valuation or appraisal of real property as determined by the amount of net income the property will produce over its remaining economic life. NOTE A document signed by the borrower of a loan, stating the loan amount, the interest rate, the time and method of repayment and the obligation to repay. The note is the evidence of the debt. When secured by a mortgage, it is called a mortgage note. AGENT One who is authorized to represent and to act on behalf of another person (called the principal). A real estate broker is the agent of his client, be it the seller or buyer, to whom he owes a fiduciary obligation. A salesman is the agent of his broker and does not have a direct personal contractual relationship with either the seller or buyer. FIRST REFUSAL, RIGHT OF The right of a person to have the first opportunity either to purchase or lease real property. MULTIPLE LISTING SERVICE (MLS) An organization created by Realtors to facilitate the sharing of listings among member brokers. APPLICATION An initial statement of personal and financial information required to apply for a loan. DESCRIPTION The portion of a conveyance document which defines the property being transferred. PENTHOUSE An apartment located on the roof of a building, or more commonly, an apartment on the top floor of a building. HYPOTHECATE To pledge specific real or personal property as security for an obligation, without surrendering possession of it. CAPITAL IMPROVEMENT Any structure which is erected as a permanent improvement to real property; any improvement which is made to extend the useful life of a property, or to add to the value of the property. NOTICE OF COMPLETION Document filed to give public notice that a construction job has been completed and that mechanics' liens must be filed within ,say, 45 days to be valid. DELINQUENCY Failure to make payments as agreed in the loan agreement. GRACE PERIOD Period of time during which a loan payment may be made after its due date without incurring a late penalty. The grace period is specified as part of the terms of the loan in the Note. ANNUAL PERCENTAGE RATE The relationship of the total Finance Charge to the total amount to be finance as required under the Federal Truth-in-Lending Law. HYPOTHECATE To pledge specific real or personal property as security for an obligation, without surrendering possession of it. |
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