Terms to know in Real Estate Investing
We are not lawyers, we are real estate investors!
This is an exhaustive glossary for USA, Canada, Australia and New Zealand
Deeds of Trusts and Mortgages, Title Companies and Lawyer Closings, lots to know. We place great terms here.
The provinces have different terms and procedures from each other. We do our best to list terms to know in canada.
The states, especially in Lease Options, have unique differences.
The North Island and the South Island have close similarities, but Lease Options are brand new, and Wraps are not favored by the banks.
A method of measuring the insulation capabilities of materials.
A radioactive gas which may cause health problems for occupants of some buildings.
A description of a one-storey house, developed from the old, western-style homes.
A written promise by a lender to lend money to a borrower at a stated rate of interest — usually time limited.
See “rate commitment“. A written agreement in which the lender guarantees the borrower a specified interest rate, provided the loan closes within a set period of time.
RATIFIED SALES CONTRACT:
A firm and binding agreement for the purchase and sale of land.
Property that has not been developed or improved.
READY, WILLING, AND ABLE:
A term of art meaning in a position to complete a contract. In order to enforce a contract against another party, you must be ready, willing and able to complete the contract yourself.
REAL ESTATE AGENT:
A trained professional involved in the purchase, sale and marketing of real property. The “listing agent” acts for the vendor, the “selling agent” for the successful purchaser.
REAL ESTATE BROKER:
A real estate professional who is licensed to run a real estate firm, to hold trust funds, etc.
REAL ESTATE COMMISSION:
1. The fee paid to the real estate agents after a transaction.
2. An agency that enforces real estate license laws.
REAL ESTATE MARKET:
A term for the pool of potential buyers and sellers of property at a given time.
REAL ESTATE SALES PROFESSIONAL:
See “real estate agent” or “real estate broker”.
Also known as “real estate”. Land, property, plus improvements to land.
Professional designation for a member of the National Association of REALTORS or its affiliated local groups. Must be a real estate broker.
Professional designation of a licensed real estate agent or salesperson who is a member of the National Association of REALTORS but who has not been licensed as a broker.
See “real estate“.
A change in the estimated value of a property for realty, municipal or ad valorem tax purposes.
Any refund of all or a portion of money paid.
Adjustment of the periodic payment on an adjustable or variable rate mortgage to ensure that the mortgage will be paid out by maturity date.
Adjusting the terms of a loan agreement in light of new developments (i.e. lower rates, possible default).
RESCISSION OF CONTRACT:
The act of declaring a contract null and void and taking the necessary actions to return the parties to the position they were in prior to entering the contract.
An unsworn statement of fact included in a document. In many jurisdictions, recitals in registered documents are deemed true and unassailable if unchallenged after a certain period of time.
The return of title to property to its original owner. May occur as a result of the pay-out of a mortgage or at the end of a limited estate.
The right of a lender to pursue a borrower personally for moneys owed.
To bring mortgage payments up-to-date after the lender has begun default proceedings. Once a borrower (or other lien holder) redeems, the mortgage is back in good standing and the relationship continues as before the default.
The length of time during which the borrower may redeem a mortgage.
To remove existing improvements and buildings on a parcel of property and replace them with new, more useful and profitable improvements.
An illegal practice, refusing to lend money to owners of property in certain neighbourhoods or to owners on the basis of their race, colour, religion, creed, age, gender, etc.
See “reappraisal lease“.
A recommendation, a suggestion to a client of the value of the services of a person or firm. (i.e. a real estate agent may refer a purchaser to a particular banker or lawyer.)
To replace an existing and perhaps mature mortgage with a new mortgage on the same property. New mortgage may have different terms than the old one.
A two-storey or three-storey house in a traditional English style of the Regency Period, symmetrical in construction with a hip roof. May have a small, eight-sided window above the front door.
The person who has the task of collecting, recording, and maintaining instruments related to title of land. May also have responsibility of ruling on the acceptability of documents submitted for registration and for making decisions as to how to correct title defects.
The submission for recording in the public records of instruments relating to title in land. Each jurisdiction may have specific requirements as to documents which will be accepted for registration; once registered, documents will be given a registration number and recorded on the title abstract index for the property to which the apply.
To restore, refurbish, bring back to original condition.
A term of a mortgage which allows the borrower to pay out the loan and have the mortgage removed from title.
RELEASE OF LIEN:
A document which, once registered, removes certain kinds of claims from title to property.
The gradual migration of a body of water such that additional dry land is left behind.
A term in a lease which allows the landlord to move the tenant to a new unit, within the same building or elsewhere.
An organization of real estate professionals in a number of different areas specifically designed to allow information to be shared to allow easier movement of clients from one area to another.
A firm that specializes in helping employees who are transferred by their employer to a new area take care of the move.
An interest in property that only arises once another interest ends.
To refurbish, redesign, redecorate.
A right which arises out of a term in a contract and takes effect at or near the termination date of a contract; the party who enjoys the right may choose to continue the agreement on terms as set out in the option clause or to treat the contract as at an end upon the termination date.
Similar to remodel, with an emphasis on upgrading the existing property.
1. Verb — to lease premises from the owner or a representative of the owner.
2. Noun — the periodic payments made by a tenant to the landlord for the right to occupy the premises.
Government initiative to control raises in the amount charged for the lease by tenants of residential premises.
An inducement to enter a lease, a specified number of months at the beginning of the lease in which the tenant is not required to pay the periodic rental payments.
See “net leasable area“.
The amount charged for the occupation of a premises. property.
A schedule arranged between a lender and borrower to set out how a debt is to be paid out.
An insurance term, the total cost of erecting a new home or building which adequately takes the place of the existing one.
A document sent by a lawyer to a bank certifying that title to the subject property is clear and marketable.
A letter sent by a lawyer to a client after a transaction is completed (or when sent during the process of the transaction, called “interim reporting letter”) in which the lawyer certifies title to the property and informs the client of all other matters relating to the transaction.
The cost of making an exact duplicate of a property.
Collective term for the total sum of money required to complete a transaction, including purchase price, taxes, legal fees, mortgage fees, etc.
The list of things that the lawyer for the purchaser requires the vendor to complete, provide or comply with on or before closing in order to ensure clear title. Also known as “objections”, requisitions are sent in the form of a letter which must be received by the vendor’s lawyer on or before the title search date set out in the Agreement of Purchase and Sale.
To treat a contract as being at an end, to withdraw one’s offer or acceptance of an agreement.
The act of treating a contract as being at an end as a result of the failure, breach or misconduct of another party.
A pool of money held for use for future contingencies, usually in the management of a building, condominium corporation or cooperative unit.
The amount set prior to an auction which must be met in the bidding for a particular item before the item will be sold. Also known as “reserve bid”.
The dwelling in which a person lives, may also refer to the country or state where a person lives.
A real estate professional who deals in dwelling properties.
Real estate that is occupied by the owner.
RESIDENTIAL SERVICE CONTRACT:
A warranty or insurance contract which covers services such as electrical, plumbing etc. in a resale home.
See “re-insurance rate“.
To refurbish a building or other asset to its original condition.
RESTRAINT ON ALIENATION:
Any limit on the ability of an owner to sell or transfer property.
Any limit or control on the owner’s ability to use the property. May be contained in a deed and be binding on the land and future owners of it.
RETIRE (A DEBT):
To fulfill one’s obligations under a loan or mortgage so that the lender has no further claims against the borrower.
REVERSE ANNUITY MORTGAGE (RAM):
A type of mortgage where the equity in the home serves as security for periodic payments made by the lender to the borrower. Mortgage is generally paid out upon the sale of the property.
A term for the situation where the income from ownership of property is lower than the rate of interest paid to finance the ownership.
The return of a property to the original grantor upon the occurrence of an event specified in the grant.
The legal right to a property of a person under a reversion clause.
The value of the property at the time of reversion.
Taking back, recalling. One might revoke a power of attorney or a consent given.
The amendment of the classification of a property under use and building by-laws or ordinances. A property may rezoned from industrial to residential to allow a warehouse to be converted into condominiums.
A document which contains additional or amending clauses to a contract.
RIGHT OF FIRST REFUSAL:
The ability to make an offer for a property before the owner puts it up for sale on the open market.
RIGHT OF REDEMPTION:
See “equity of redemption“.
RIGHT OF SURVIVORSHIP:
The legal term for the right of a surviving joint tenant to take title to a property alone upon the death of the other joint tenant.
RIGHT TO RESCISSION:
Being legally entitled to treat a contract as being at an end.
A form of easement, the legal entitlement to pass over a portion of the land of another.
A person who has title to land bordering on a body of water.
The rights of an owner of land bordering a body of water to use or control that body of water or a part thereof.
160 feet measured in a line, a unit of measurement.
A loan where the amortization period is much longer than the term and the borrower is allowed to refinance at the end of the term at the interest rate then applicable.
The first conveyance in a chain of title. If a jurisdiction has legislation which cures any title defects that are older than a certain number of years, the root deed will be the first deed beyond that period.
ROOT OF TITLE:
Any defect in ownership of property which throws into question the very basic issue of who actually owns the property. An unresolved problem going to the root of title is grounds for rescission of the Agreement of Purchase and Sale no matter when it is discovered before closing.
A dwelling that is attached to its neighbours by way of common walls.
RULE OF 72’S:
To calculate the number of years it will take to double money while earning compound interest, divide the interest rate into 72. Money invested at 10 percent compound interest will take 7.2 years to double.
RULES OF PROFESSIONAL CONDUCT:
The ethical guidelines which a lawyer must follow in her interactions with clients, courts, the public and other lawyers.
RUN WITH THE LAND:
A legal term which suggests that a rule, restriction, right or obligation forms part of the land itself and is transferred to each new owner along with the land.
A term to describe something which is not of an urban centre.