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Real Estate Principals
RE Practices for Texas
136
Other
Not Applicable
01/07/2018

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Term
COMMON LAW
Definition
Early laws based on common practices, use and court decisions
Term
USES OF REAL PROPERTY
Definition
Residential, Commercial, InIndustrial, Mixed-use h TV, Agricultural and Special Purpose
Term
REALIST
Definition
A member of the Nat'l Assn of Real Estate Boards
Term
REALTOR
Definition
A trademark used to define a member of a local association of realtors
Term
RE Salesperson
Definition
A licensed individual performing RE activities associated with a RE Broker
Term
TEXAS REAL ESTATE COMMISSION
12345 6789
Definition
A group of (6) Brokers & (3) members of the public establised in 1949. All are appointed by the Governor and appoved by the Senate serving a (6) year term to oversee licensing and certification to "protect the public"
Term
TEXAS REAL ESTATE LICENSE ACT
Definition
A statute passed in 1949 to control the licending and practices of RE licensees
Term
TEXAS RE BROKER-LAWYER COMMITTEE. 6 + 1 + 6 = 13membrs
Definition
The commmittee that drafts and revises standard contract forms to be used by RE licencees
Term
LAND
Definition
The surface of the earth , every thing above and below it including the trees and water
Term
AIR RIGHTS
Definition
The legal right to use the open space above a parcel of land
Term
SUB SURFACE RIGHTS ( minerals )
Definition
The legal right to use the space and or minerals below a parcel of land
Term
REAL PROPERTY
Definition
Land and all things permanantly attached to it including ownership rights and interests.
Term
PERSONAL PROPERTY
Definition
Movable objects also called personalty and or chattels
Term
ATTACHMENT
Definition
An item of personal property that is affixed to real property
Term
BUNDLE OF RIGHTS
Definition
legal interest of land ownership which include: Possession Control, Enjoyment, Exclusion and Disposition.[image]
Term
CHATTLE
Definition
Movable personal property.
(Chattle souns like cattle)[image]
Term
EMBLEMENTS
Definition
Moveable crops such as wheat, corn, grapes etc...[image]
Term
FIXTURE
Definition
A personal property item that has been permanently affixed to the real property so as to become part of the real property
Term
EMBLEMENTS
Definition
Moveable crops such as wheat, corn, grapes etc...[image]
Term
COST
Definition
Expensese of real property including materials, labor, permits etc...
Term
PRICE
Definition
The amount that the buyer is willing to pay
Term
VALUE
Definition
A fair and acceptable amount for goods or services
Term
SUBJECTIVE VALUE
Definition
An antisipated or expected amount of value or benefit recieved
Term
OBJECTIVE VALUE
Definition
A monatary amount or benefit recieved from an improvement
Term
MARKET
Definition
A place where the price for goods and services are established
Term
SUPPLY
Definition
An available amount of goods and or services in a given marketplace. ( Supply and Demand move in opposite directions )
Term
DEMAND
Definition
The desireability of goods and or services in a given marketplace. ( Supply and Demand move in opposite directions )
Term
F.E.M.A.
Definition
Federal Emergency Management Agency
Term
CAPITAL GAINS
Definition
The amount of income derived from the sale of an asset
Term
EQUITY
Definition
Profit amount remaining after debt settlement
Term
CO-INSURANCE CLAUSE
80%
Definition
A clause in a homeowners insurance policy requiring a minimum of 80% coverage.
Term
ENDORSEMENT
Definition
A document added or attached to the original insurance policy
Term
LAND- PHYSICAL CHARACTERISTICS
( iin shape )
Definition
Immobile, Indestrucible, Non-homogeneous {i[image]mage: iin shape
Term
LAND- ECONOMIC CHARACTERISTICS
$$$ A.R.I.P.$$$
Definition
Area preference, Relative scarcity, Improvements, Permanance[image]
Term
WATER RIGHTS
R-river
L-lake
Definition
R- Riparian rights[image]L-Littoral
{image:627w421533869.jpg" align="center">l rights{image:Lake
Term
7 SOURCES OF LAW
Definition
[image]
Term
SUPPLY FACTORS
Definition
1.Labor supply
2.Construction & materials costs
3.Gov't controls & policies ie..taxes, zoning and permits
Term
DEMAND FACTORS
Definition
1.Area demographics
2.Area population
3.Employment & wages
Term
FREEHOLD ESTATES
Definition
[image]
Term
FEE SIMPLE
( FEE SIMPLE ABSOLUTE )
Definition
Simply put "Fee Simple is the absolute highest form of ownership.
Term
PITI
Definition
Principal, Interest, Taxes and Insurance are the costs of homeownership. " What a pity"
Term
DEBT TO INCOME RATIO
( DTI ratio)
Definition
28% - 36%
Term
CAPITAL GAINS EXEMPTIONS
Definition
$500,000 Married
$250,000 Single
Occupants two of the last five years
Term
RULE OF CAPTURE
( Ground Water Rights )
Definition
A homeowner may drill a well and pump out the water.
Term
PRIOR APPROPRIATION
Definition
The right to use any body of water.
Term
ARELLO
Definition
The Association of Real Estate License Law Officials- Operate in the scope of promoting uniformstandatrds and policies of license law administration nd enforcement
Term
THE SUNSET ACT
Definition
The Texas law which oversees TREC and other state agencies to evaluate its purpose.
Term
REAL ESTATE BROKER
Definition
A licensed agent authorized to operate a RE brokerage business
Term
REAL ESTATE SALES PERSON
Definition
A duly licensed individual who performs real estate transactions for their sponsoring broker.
Term
TRELA
(Texas Occupations Code)
Definition
Texas Real Estate License Act- The laws administerd by TREC that regulates real estate.
Term
LICENSE RENEWAL NOTICE
Definition
A notice of up and comming license expiration mailed to the licensee 60-90 days prior if there is no email on file
Term
LICENSEE INFORMATION
Definition
A licensees change in mailing address and contact information must be reported to TREC within 10 days.
Term
INFORMATION ABOUT BROKER SERVICES
( IABS )
Definition
A form required to be given to prospective real estate principal at the first substantive discussion.
( Not required at an open house )
Term
7 PROTECTED CLASSES
( F.R.e.S.H C.o.R.N. )
( Fair housing )
Definition
1. Familial status
2. Race
3. Sex
4. Handicap/Disabled
5. Color
6. ReligioColor
7. Nat'l origin
Term
4 GOVERNMENT POWERS OVER LAND
( P.E.T.E. )
Definition
Police power
Eminent domain
Taxes
Escheat
Term
POLICE POWER
Definition
An " enabiling act" of the state to preserve order and protect public health, safety, morals and general welfare.
Term
EMINENT DOMAIN
Definition
The government's power to condem private property for public use.
Term
TAXATION
Definition
The governments power to impose charges to raise funds to meet the public needs
Term
ESCHEAT
Definition
The goverments power to possess ownership of real and personal property absent heirs or a will upon their death.
Term
DEFEASABLE FEE ESTATE
Definition
A form of Fee Simple ownership. that defeated on the occurrence or non occurrence of a particular event.
Term
DETERMINABLE FEE ESTATE
Definition
A form of fee simple estate that automatically terminates on the occurrence of a specified event
Term
FEE SIMPLE SUBJECT TO A CONDITION SUBSEQUENT
Definition
A fee simple ownership that exist provided a condition is met. ie: A parcel of land donated only for a park.
Term
GRANTOR
( Givor )
Definition
A a competent party who is The giver or the person transferring the deed.
Term
GRANTEE
Definition
The person who receives the deed from the grantor
Term
CONSIDERATION
Definition
Something of value given in exchange as payment
Term
GRANTING CLAUSE
( Words of conveyance )
Definition
words that Express the act of giving transferring selling or granting and quit claim
Term
HABENDUM CLAUSE
"to have and to hold"
Definition
A clause in the deed that begins with the words " to have and to hold"
Term
SIGNATURE ON A DEED
Definition
The Grantors
Term
DELIVERY AND ACCEPTANCE
Definition
The Final Act of transferring title
Term
TYPES OF DEEDS
Definition
1. General warranty
2. Special warranty
3. Bargin and sale ( without warranty)
4.Quitclaim deed
Term
GENERAL WARRANTY DEED
Definition
the type of deed that offers the greatest protection or amount of warranties. ( Grantor warrants the title unconditionally )
Term
SPECIAL WARRANTY DEED
Definition
A warranty in which the grantor only warrants the property during that special time that they owned it
Term
BARGAIN AND SALE DEED
( Deed without warrrany )
Definition
" As is" No warranty against leins or encumbrances
Term
QUICLAIM DEED
Definition
A deed without warranty and will also release an individuals. interest in the property thank you
Term
5 WARRANTIES IN A DEED
Definition
1. Covenant of seisin
2. Covenant against encumbrances
3. Covenant of quiet enjoyment
4. Covenant of further assurance
5. Covenant of. warranty forever
Term
COVENANT OF. SESIN
Definition
A Covenant that "sesin" the deed that the Grantor is the owner
Term
DEED OF TRUST
( Mortgage )
Definition
A deed that is placed in trust with a trustee as security by trustor until the occurrence of a future event.
Term
SHERIFF'S DEED
Definition
A deed awarded by court order
Term
VOLUNTARY ALIENATION
Definition
Alienating ones self from the property by means of a gift or sale
Term
INVOLUNTARY ALIENATION
Definition
Alienating ones self from the property by means of a undue force such as a forclousure, escheat, erosion or eminent domain
Term
ADVERSE POSSESSION
( Squatter rights )
Definition
the process of obtaining a person's land do to open notorious hostile and uninterrupted tenancy usually after a period of 3, 5, 10, or 25 years
Term
TESTOR
Definition
The person who has a will made
Term
DEVISE
Definition
"D Real Property mann!" )
{[image]image:a7a9b71533889|center}. A gift of Real Property by the testor
( D Real Property
Term
BEQUEST
Definition
A gift of "personal property""
( "It B personal homie!"[image] )
Term
TESTATE
Definition
Diying with a a valid will in place
Term
INTESTATE
Definition
Diying without a valid will or hiers
Term
VALID WILL REQUIREMENTS
Definition
1. Legal age
2. Sound mind
3. Proper wording
4. No duress
5. Signed
6. Witnessed
Term
PROBATE
Definition
a court process where a will is determined valid
Term
INTESTATE SUCCESSION
Definition
onveying property to heirs absent a will by the deceased
Term
COMMUNITY PROPERTY
Definition
Property owned equally by husband and wife in Texas
Term
SEPARATE PROPERTY
Definition
Property owned by one spouse prior to the marriage.
( signatures of both husband and wife are required to convey )
Term
CODICIL
Definition
An addition made to a will
( Codicil; change a will )
Term
DECEDENT
Definition
A person who has died
Term
FORMAL WILL
Definition
a legal document that disposes property based on the wishes of the deceased
Term
HOLOGRAPHIC WILL
Definition
A will written, signed and dated by the testator. No witness required
Term
JURAT
Definition
a person who signs an affidavit in front of a notary
Term
TITLE
Definition
Proof of land ownership.
Term
ENCROACHMENT
( Roach )
Definition
[image]
Term
TYPS OF EASEMENTS
Definition
1.Appurtenant
2.Implication
3. Neccesity
4. Prescription
Term
EASEMENT BY NECESSITY
Definition
A right to cross someones property as an only means of access. ( Both lots must have existed ad one single property at one time)
Term
EASEMENT BY PRESCRIPTION
Definition
An easement or right to use or pass through someone's property. Use must be open, adverse snf notorious for a period of 10 year. ie:.. A bike or walking trail[image]
Term
EASEMENT APPURTENANT
Definition
An easement that serves two adjacent properties. ( Run with the land [image])
Term
RIPARIAN RIGHTS
Definition
Right of a landowner to use water from a river.
[image]
Term
LITTORAL RIGHTS
Definition
Right of a land owner to use water from a lake[image]
Term
PER AUTRE VIE
Definition
A "Life Estate" based on someone else's life. ie...The granting of a property to a caregiver until the patient dies.
Term
CAVEAT EMPTOR
Definition
"Let the buyer beware"[image]
Term
DOMINANT TENANT
Definition
The land owner who benefits from an easement.
Term
SERVIENT TENANT
Definition
The land owner who allows an easement on[image] his property to serve its purpose
Term
FEUDAL SYSTEM
Definition
The earliest syastem of land ownership based on hostility[image]
Term
ALLODIAL SYSTEM
[image]
Definition
The current system of land ownership based on legal rights
Term
EASEMENT
Definition
The granted right to ease onto and use someone's property
Term
HOMESTEAD
Definition
A homeowners primary residence that is protected from and exempt from forced sale.
Term
REMAINDER INTEREST
Definition
A party to whom the title of the property will pass to upon the occurrence of an event. Ie; The husband has a life estate which names his wife as the beneficiary. She hold a "remainder interest"
Term
REMAINDERMAN
Definition
A designated party to whom the title of the property will pass to upon the ocdeath of a life estate owner. Ie; The husband has a life estate which names his wife as the "remainderman"
Term
CONVENTIONAL LIFE ESTATE
Definition
A freehold estate that conveys to to a named party upon the death of the owner
Term
REVERSIONARY INTEREST
Definition
The process whereby title of the property reverts back to the owner or his heirs.
Term
LEGAL LIFE ESTATE
Definition
A " homestead"[image]
Term
HOMESTEAD LIMITS
Definition
Urban: 10 acres
Rural: 200 acres
Term
EASEMENT IN GROSS
Definition
A right to use anothers property for gas lines, phone lines, right of way etc...
Term
CREATING AN EASEMENT
Definition
1. Requires two separate properties
2. Written agreement or by deed
3. Necessity
4.Prescription
5.Implication
6.Express grant ( deed )
7. Express reservation
Term
EASEMENT BY IMPLICATION
Definition
An implied right to use anothers property. ie.. A purchaser of anothers mineral rights.
Term
FORMS OF CO-OWNERSHIP
Definition
1. Tenants in common
2. Joint tenancy
3. Community property
Term
TENANCY IN COMMON
Definition
1. Two or more persons in the same bldg.
2. Share an "Undivided interest
3. Assumed by the courts unless stated
4.Unity of possession
5.Can be conveyed
[image]
Term
OWNERSHIP IN SEVERALTY
Definition
Ownership by a sole owner severed from everyone else
Term
OWNERSHIP IN TRUST
Definition
Ownership whereby the title is held by a third party for the beneficiary
Term
JOINT TENANTS
Definition
Ownership by two or more persons usually includes:
1. Right of survivorship"
2. Signed agreement
3. Requires the four unities of time, title, interest and possession
Term
TRUST
Definition
A means whereby a person may manage and or transfer ownership of property during or after their lifetime
Term
TYPES OF TRUSTS
Definition
1. Living
2. Testemetary
3. Land
Term
Community Property
Definition
property ownership whereby each spouse holds 50%
ownership {image:707j6w1547410|center
Term
CONDOMINIUM
Definition
Sole ownership of a single unit dwelling along with an
"undivided" interest in the common elements. ie; pool, parking etc...[image]
Term
COOPERATIVE
Definition
A residential multihousing building where title is owned and maintaied by a corporation for the benefit of its shareholder occupants who hold[image] a "proprietary lease"
Term
PARTNERSHIP
Definition
An agreement or arrangement between two or more persons to operate a business as co-owners
Term
GENERAL PARTNERSHIP
Definition
A type of partnership where each partner shares in the operation and administration of the entity.
Term
LIMITED PARTNERSHIP
Definition
A partnership that includes at least one "General Partner" who oversees operations, administration and the "Limited Partner" does not. The Limited Partners loss is limited to the amount of their investment.
Term
SYDICATE
Definition
A group of individuals or companies that pool their money together to invest in real estate
Term
RIGHT OF SURVIVORSHIP
Definition
A right of a Joint Tenant or Community Property spouse to inherit the ownership rights of their deceased partner.
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