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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. TENANCY IN COMMON A form of concurrent ownership of property between two or more persons, in which each has an undivided interest in the whole property; frequently found when the parties acquire title by descent or by will. NORMAL WEAR AND TEAR That physical deterioration which occurs in the normal course of the use for which a property is intended, without negligence, carelessness, accident or abuse of the premises (or equipment or chattels) by the occupant, members of household, or their invitees or guests. BALLOON PAYMENT The final payment of a note or obligation, which is substantially larger than the previous installment payments, and which repays the debt in full; the remaining balance which is due at the maturity of a note or obligation. DEVELOPER One who attempts to put land to its most profitable use by the construction of improvements. NOVATION The substitution of a new obligation for an old one; substitution of new parties to an existing obligation, as where the parties to an agreement accept a new debtor in place of an old one. OFFICE EXCLUSIVE A listing in which the seller refuses to submit the listing to Multiple Listing Service, even after being informed of the advantages of MLS, and signs a certification to that effect. TENANT In general, one who holds or possesses property, such as a life tenant or a tenant for years; commonly used to refer to a lessee under a lease. PROCURING CAUSE That effort which brings about the desired result, as in producing the buyer for the listed property. CLOSING COSTS Costs for services that must be performed before your loan can be initiated. Examples include title fees, recording fees, appraisal fee, credit report fee, pest inspection, attorney's fees, and surveying fees. TRANSFER TAX Tax paid when title passes from one owner to another. LEGAL NOTICE That notice which is either implied or required by law. Constructive notice under the recording laws is also referred to as legal notice. GUARDIAN One who is given the lawful custody and care of another(called a ward). OPINION OF TITLE An opinion by a person competent in examining titles, usually a title attorney, as to the status of the title of a property. NUISANCE Conduct or activity which results in an actual physical interference with another person's reasonable use or enjoyment of his property for any lawful purpose. IMPOUND ACCOUNT A trust account established to set aside funds for future needs. CONCESSIONS Discounts given by landlords to prospective tenants to induce them to sign a lease. ACRE A measure of land equaling 43,560 square feet; 4,840 square yards; 160 square rods. DUE ON SALE CLAUSE A form of acceleration clause found in some mortgages, especially savings and loan mortgages, requiring the mortgagor to pay off the mortgage debt when selling the secured property, thus resulting in automatic maturity of the note at the lender's option. REPRODUCTION COST The cost, on the basis of current prices, of reproducing a new replica property with the same or fairly similar material. JUMBO LOAN A mortgage larger than the $240,000 limit set by the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. JOINT TENANCY A form of ownership of property giving each person equal interest in the property, including rights of survivorship. NOTICE OF DEFAULT Written notice to a borrower that a default has occurred and that legal action may be taken. NOTICE OF NONRESPONSIBILITY A legal notice designed to relieve a property owner from responsibility for the cost of improvements ordered by another person. ENCROACHMENT An unauthorized invasion or intrusion of a fixture or other real property wholly or partly upon another's property, thus reducing the size and value of the invaded property. LEVEL PAYMENT MORTGAGE A mortgage which is scheduled to be repaid in equal periodic payments which include both principal and interest. |
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