Concepts Definitions
I. Property & Value Fundamentals
• Real Property (Realty): Defined as land, anything permanently attached to it (fixtures/improvements), and all associated rights (the “bundle of rights”).
• Bundle of Rights: The five primary rights inherent in property ownership: to possess, control, enjoy, exclude, and dispose of the property.
• Fixture (MARIA): Personal property permanently attached to land or improvements, determined by the tests of Method of attachment, Adaptability, Relationship of the parties, Intention, and Agreement of the parties (the most important test).
• Market Value: The highest price a willing buyer will pay and the lowest price a willing seller will accept, assuming both parties are knowledgeable and acting without undue pressure.
• Elements of Value (DUST): The four elements essential for real estate value are Demand, Utility, Scarcity, and Transferability (salability).
• Highest and Best Use: The legal and physically possible use of a property that is likely to generate the greatest return or value over the long term.
II. Agency and Contract Law
• Fiduciary Duty (COALD): The legal obligation owed by an agent to their principal, requiring utmost trust and loyalty, typically summarized as Care, Obedience, Accounting, Loyalty, and Disclosure.
• Material Fact: Any fact so important that it could affect a party’s decision in a real estate transaction; agents must disclose all known material facts.
• Essential Elements of a Contract (COLIC): For a contract to be valid and enforceable, it must have Competent parties, Offer and acceptance (mutual consent), Legal purpose, be In writing and signed (for real estate), and have Consideration.
• Statute of Frauds: Requires certain contracts, including those for the sale of real property or leases exceeding one year, to be in writing to be enforceable.
• Exclusive Right to Sell Listing: The most preferred listing contract by agents, guaranteeing the broker a commission upon the sale of the property, regardless of who finds the buyer (broker, other agent, or seller).
III. Finance and Regulatory Concepts
• Promissory Note: A borrower’s signed written promise to repay a debt, which serves as the evidence of the debt and is often classified as personal property.
• Trust Deed (Deed of Trust): A three-party instrument (Trustor/Borrower, Beneficiary/Lender, Trustee/Neutral Party) that creates a voluntary lien on real property to secure the promissory note.
• Truth-in-Lending Act (TILA) / Regulation Z: Federal law requiring lenders to disclose the full cost of credit, most notably the Annual Percentage Rate (APR), to protect consumers in residential loan transactions.
• Leverage: The use of borrowed funds (debt) to increase purchasing power and enhance the potential profitability of an investment.
• Police Power: The inherent government right to pass and enforce laws (such as zoning ordinances, building codes, and taxation) to achieve health, safety, and general welfare for the public.
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