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LAND, TENEMENTS AND HEREDITAMENTS A feudal phrase used to describe all types of immovable realty including the land, buildings and all appurtenant rights thereto. LAW DAY The date an obligation becomes due; sometimes refers to the closing date. PROCURING CAUSE That effort which brings about the desired result, as in producing the buyer for the listed property. SECOND MORTGAGE An additional mortgage placed on a property that has rights that are subordinate to the first mortgage. PROSPECT A person or corporation who may be interested in buying or selling real property. The prospect does not become a client until the parties establish a fiduciary relationship, such as upon signing a listing contract or upon executing a DROA. COVENANTS AND CONDITIONS Covenants are promises contained in contracts, the breach of which would entitle a person to damages. Conditions, on the other hand, are contingencies, qualifications or occurrences upon which an estate or property right would be gained or lost. FINDER'S FEE A fee paid to someone for producing a buyer to purchase or a seller to list property; also called a referral fee. HIGH RISE A popular expression for a condominium or apartment building generally higher than six stories. LEVERAGE The use of borrowed funds to purchase investment property with the anticipation that the property acquired will increase in return so that the investor will realize a profit not only on his own investment, but also on the borrowed funds; the employment of a smaller investment to generate a larger rate of return through borrowing. FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA, OR FANNIE MAE) This agency buys loans that are underwritten to its specific guidelines. These guidelines are an industry standard for residential conventional lending. PREPAYMENT Full or partial repayment of the principal before the contractual due date. LETTER OF INTENT An expression of intent to invest, develop or purchase without creating any firm legal obligation to do so. REBATE A reduction or kickback of a stipulated charge. NON-COMPETITION CLAUSE A provision in a contract or lease prohibiting a person from operating or controlling a nearby business which would compete with one of the parties to the contract. NOTICE OF DEFAULT Written notice to a borrower that a default has occurred and that legal action may be taken. CAPITAL GAIN The taxable profit derived from the sale of a capital asset. 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. SWEAT EQUITY Value added to a property in the form of labor or services of the owner rather than cash. LIFE ESTATE Any estate in real or personal property which is limited in duration to the life of its owner or the life of some other designated person. LENDER The bank, mortgage company, or mortgage broker offering the loan. FLOOR AREA RATIO The ratio of floor area to land area expressed as a percent or decimal, which is determined by dividing the total floor area on a zoning lot by the lot area. CONDOMINIUM A form of property ownership in which the homeowner holds title to an individual dwelling unit and a proportionate interest in common areas and facilities of a multi-unit project. |
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