Glossary of Real Estate

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1031 exchange or Starker exchange

The delayed exchange of properties that qualifies for tax purposes as a tax-deferred exchange.

Accompanied showings

Those showings where the listing agent must accompany an agent and his or her clients when viewing a listing.

Acceleration Clause

A clause in a mortgage or installment contract stating that upon default of payment due, immediate and full payment of the balance of the obligation becomes due and payable.

Acre

A measure of land equal to 160 square rods, 4,840 square yards, or 43,560 square feet.

Advalorem

Tax according to valuation.

Addendum

An addition to; a document.

Adjustable rate mortgage (ARM)

A type of mortgage loan whose interest rate is tied to an economic index, which fluctuates with the market. Typical ARM periods are one, three, five, and seven years.

Agent

The licensed real estate salesperson or broker who is authorized to act on behalf of another person and who may represent buyers, sellers or both.

Addendum

An addition to; a document.

Amended value

The actual sale price after the seller successfully markets and sells his or her home through the broker of his or her choice. The sale is turned over to a third-party relocation company for closing, and the guaranteed offer is amended or changed.

Amenities

Those things which are marked by such qualities as pleasantness, comfortableness, and agreeableness. In appraising, the amenities of a property are those qualities which increase the pleasure of ownership and are not necessarily related to monetary values.

Amortization

The gradual paying off of a debt on an installment basis.

Annual percentage rate (APR)

The total costs (interest rate, closing costs, fees, and so on) that are part of a borrower’s loan, expressed as a percentage rate of interest. The total costs are amortized over the term of the loan.

Application fees

Fees that mortgage companies charge buyers at the time of written application for a loan; for example, fees for running credit reports of borrowers, property appraisal fees, and lender-specific fees.

Appointments

Those times or time periods an agent shows properties to clients.

Appraisal

A document of opinion of property value at a specific point in time.

Appraised price (AP)

The price the third-party relocation company offers (under most contracts) the seller for his or her property. Generally, the average of two or more independent appraisals.

Appreciation

An increased value of property due to economic or related causes which may prove to be either temporary or permanent.

“As-is”

A contract or offer clause stating that the seller will not repair or correct any problems with the property. Also used in listings and marketing materials.

Assessed Value

An assessment of property values by government for the purpose of taxation.

Assignment

The method or manner by which a right, specialty or contract is transferred from one party to another.

Assumable mortgage

One in which the buyer agrees to fulfill the obligations of the existing loan agreement that the seller made with the lender. When assuming a mortgage, a buyer becomes personally liable for the payment of principal and interest. The original mortgagor should receive a written release from the liability when the buyer assumes the original mortgage.

Attorney Review Clause

In New Jersey, a clause that must appear in all purchase and sale agreements and all leases which are prepared by licensed real estate salespersons, allowing buyers and sellers a period of three business days to consult an attorney who can review and cancel the contract or lease.

Back on market (BOM)

When a property or listing is placed back on the market after being removed from the market recently.

Back-up agent

A licensed agent who works with clients when their agent is unavailable.

Back-up offer

When an offer is accepted contingent on the fall through or voiding of an accepted first offer on a property.

Balloon mortgage

A type of mortgage that is generally paid over a short period of time, but is amortized over a longer period of time. The borrower typically pays a combination of principal and interest. At the end of the loan term, the entire unpaid balance must be repaid.

Bargain and Sale Deed

A deed used to convey title to real property (real estate), which may or may not include warranties.

Bearing Wall

Is a wall which supports any vertical load in addition to its own weight.

Bill of Sale

A written instrument which transfers title to personal property in a transaction.

Board of REALTORS® (local)

An association of REALTORS® in a specific geographic area.

Boot

The payment to satisfy the difference in equities in an exchange, which may be in cash, personal property, note, financing or anything of agreed upon value.

Broker

A licensed person who negotiates the purchase and sale of real estate for another.

Broker of record

The person registered with his or her state licensing authority as the managing broker of a specific real estate sales office.

Broker’s market analysis (BMA)

The real estate broker’s opinion of the expected final net sale price, determined after acquisition of the property by the third-party company.

Broker’s price opinion (BPO)

The real estate broker’s opinion of the expected final net sale price, determined prior to the acquisition of the property.

Buyer

The purchaser of a property.

Buyer agency

A real estate broker retained by the buyer who has a fiduciary duty to the buyer.

Buyer agent

The agent who shows the buyer’s property, negotiates the contract or offer for the buyer, and works with the buyer to close the transaction.

Capital Gain

The gain on a capital asset such as real estate.

Capitalization

The act of converting future income into current equivalent value.

Capitalization Rate

The relationship or ratio between the net income from a real estate investment and the value of the investment. It is usually expressed as a percentage; the rate of interest which is considered a reasonable return on the investment.

Carrying costs

Cost incurred to maintain a property (taxes, interest, insurance, utilities, and so on).

Certificate of Occupancy (CO)

Is a document issued by a local government indicating that the building is in compliance with public health and building codes and may be legally occupied.

Chattel Property

Personal property which is tangible and movable.

Closing

The end of a transaction process where the deed is delivered, documents are signed, and funds are dispersed.

Cloud on Title

Any conditions revealed by a title search which ay affect or impair the owner’s title to property because of their apparent or probable validity.

CLUE

CLUE (Comprehensive Loss Underwriting Exchange) is the insurance industry’s national database that assigns individuals a risk score. CLUE also has an electronic file of a properties insurance history. These files are accessible by insurance companies nationally. These files could impact the ability to sell property as they might contain information that a prospective buyer might find objectionable, and in some cases not even insurable.

Common Element

In a condominium, land and all parts of a building usually used by all the owners for their mutual convenience or safety. It can also be called the common area.

Commission

The compensation paid to the listing brokerage by the seller for selling the property. A buyer agency agreement may require the buyer to pay a commission to his or her agent.

Commission split

The percentage split of commission compensation between the real estate sales brokerage and the real estate sales agent or broker.

Comparative market analysis

A study done by real estate sales agents and brokers using active, pending, and sold comparable properties to estimate a listing price for a property.

Competitive market analysis (CMA)

The analysis used to provide market information to the seller and assist the real estate broker in securing the listing.

Condominium Ownership

The individual outright ownership of a single unit in a multi-unit property together with an interest in the common elements of that property.

Condominium association

An association of all owners in a condominium.

Condominium budget

A financial forecast and report of a condominium association’s expenses and savings.

Condominium by-laws

Rules passed by the condominium association used in administration of the condominium property.

Condominium declarations

A document that legally establishes a condominium.

Condominium right of first refusal

A person or an association that has the first opportunity to purchase condominium real estate when it becomes available or the right to meet any other offer.

Condominium rules and regulation

Rules of a condominium association by which owners agree to abide.

Consideration

Valuable consideration, a promise or an act of legal value bargained for and received in return for a promise; good consideration, love and affection.

Contingency

A provision in a contract requiring certain acts to be completed before the contract is binding.

Continue to show

When a property is under contract with contingencies, but the seller requests that the property continue to be shown to prospective buyers until contingencies are released.

Contract for deed

A sales contract in which the buyer takes possession of the property but the seller holds title until the loan is paid. Also known as an installment sale contract.

Contract of sale

An agreement between the third-party relocation company and the seller (transferee) whereby the third-party company purchases property owned by the seller.

Conventional mortgage

A type of mortgage that has certain limitations placed on it to meet secondary market guidelines. Mortgage companies, banks, and savings and loans underwrite conventional mortgages.

Cooperating commission

A commission offered to the buyer’s agent brokerage for bringing a buyer to the selling brokerage’s listing.

Cooperative (Co-op)

Where the shareholders of the corporation are the inhabitants of the building. Ownership that usually takes the form of share of stock in a corporation owning the entire building and a proprietary leave giving the stock holder/tenant the right to occupy a unit for which he pays a proportionate share of the maintenance and operating expenses. Each shareholder has the right to lease a specific unit. The difference between a co-op and a condo is in a co-op, one owns shares in a corporation; in a condo one owns the unit fee simple.

Corporate client

The company with whom the third-party relocation company has an agreement to handle the relocating employees.

Counteroffer

The response to an offer or a bid by the seller or buyer after the original offer or bid.

Covenant

An agreement written into deeds and other instruments which promises or guarantees that something shall or shall not be done. An agreement stipulating certain use or non-use of property.

Credit report

Includes all of the history for a borrower’s credit accounts, outstanding debts, and payment timelines on past or current debts.

Credit score

A score assigned to a borrower’s credit report based on information contained therein.

Curb appeal

The visual impact a property projects from the street.

Days on market

The number of days a property has been on the market.

Decree

A judgment of the court that sets out the agreements and rights of the parties.

Deed

A written instrument which is duly executed and delivered by the grantor (seller) that conveys to the grantee (buyer) some right, title or interest in or to real estate.

Destination services

Services provided to the transferee at the new location. They can include familiarization tours, temporary housing, school searches, and so on.

Direct home-selling costs (DHSC)

Carrying costs, loss on sale, repairs and improvements, commission, closing costs, principal, interest, taxes and insurance, interest on equity loans, and utilities.

Disclosures

Federal, state, county, and local requirements of disclosure that the seller provides and the buyer acknowledges.

Discount points

A fee paid to induce a lender to make a mortgage loan. Each pointttt charged represents 1% of the loan amount.

DOM

Days on market.

Down payment

The amount of cash put toward a purchase by the borrower.

Drive-by

When a buyer or seller agent or broker drives by a property listing or potential listing.

Dual agent

A state-licensed individual who represents the seller and the buyer in a single transaction.

Duplex

Two properties joined by one common wall

Earnest money deposit

The money deposited (either initially or by additional deposits) by the purchaser of real estate, offered with the contract to evidence his good faith and intention to complete the purchasing transaction.

Easement

A right, privilege or interest which one party has in the land of another.

Encroachment

A building or fixture which intrudes partly or wholly upon property of another.

Escrow

The deposit of instruments and funds with instructions to a third neutral party to carry out the provisions of an agreement or contract.

Exclusions

Fixtures or personal property that are excluded from the contract or offer to purchase.

Exclusive Right to Sell

A written agreement between owner and agent giving the agent the right to collect a commission if the property is sold by anyone during the term of the agreement.

Expired (listing)

A property listing that has expired per the terms of the listing agreement.

Fee Simple

An estate (ownership) in real property, by which the owner has the greatest power over the title which it is possible to have; an estate of inheritance belonging to the owner, that he may dispose of, trade, or will, as he or she may choose.

Feedback

The real estate sales agent and/or his or her client’s reaction to a listing or property. Requested by the listing agent.

Fee simple

A form of property ownership where the owner has the right to use and dispose of property at will.

FHA

Federal Housing Administration.

FHA (Federal Housing Administration) Loan Guarantee

A guarantee by the FHA that a percentage of a loan will be underwritten by a mortgage company or banker.

Fixture

An article of personal property which has been installed in or attached to land or a building thereon, in such a manner that it is now considered to be part of the real estate. Washer, dyers, and refrigerators are generally considered to be chattel property and not fixtures.

Flat fee

A predetermined amount of compensation received or paid for a specific service in a real estate transaction.

For sale by owner (FSBO)

A property that is for sale by the owner of the property.

Foreshore

Land between the high water and low water mark.

Freehold

An estate (ownership) in real property for an indefinite and uncertain time.

Gift letter

A letter to a lender stating that a gift of cash has been made to the buyer(s) and that the person gifting the cash to the buyer is not expecting the gift to be repaid. The exact wording of the gift letter should be requested of the lender.

Good faith estimate

Under the Real Estate Settlement Procedures Act, within three days of an application submission, lenders are required to provide in writing to potential borrowers a good faith estimate of closing costs.

Grantee

The Purchaser; the person to whom an interest in realty is conveyed..

Grantor

The seller; the person who conveys an interest in realty by deed.

Gross closed commission income

The total amount of commission income a real estate sales agent or broker receives from closed transactions.

Gross sale price

The sale price before any concessions.

Guaranteed offer

The amount, after appraisals, the employer offers the transferring employee for his or her property.

Hazard insurance

Insurance that covers losses to real estate from damages that might affect its value.

Home-finding assistance

Additional assistance provided by a third-party relocation company that can include information about the destination community.

Homeowner’s insurance

Coverage that includes personal liability and theft insurance in addition to hazard insurance.

HUD

U.S. Department of Housing and Urban Development.

HUD/RESPA (Housing and Urban Development/Real Estate Settlement Procedures Act)

document and statement that details all of the monies paid out and received at a real estate property closing.

Hybrid adjustable rate

Offers a fixed rate the first 5 years and then adjusts annually for the next 25 years.

IDX

(Internet Data Exchange) Allows real estate brokers to advertise each other’s listings posted to listing databases such as the multiple listing service.

Inclusions

Fixtures or personal property that are included in a contract or offer to purchase.

Inputting

The process of entering new listings or changes to a current listing in the multiple listing services.

Inspection rider

Rider to purchase agreement between third-party relocation company and buyer of transferee’s property stating that property is being sold “as is”. All inspection reports conducted by the third party company are disclosed to the buyer and it is the buyer’s duty to do his/her own inspections and tests.

Installment land contract

A contract in which the buyer takes possession of the property while the seller retains the title to the property until the loan is paid.

Interest rate float

The borrower decides to delay locking their interest rate on their loan. They can float their rate in expectation of the rate moving down. At the end of the float period they must lock a rate.

Interest rate lock

When the borrower and lender agree to lock a rate on loan. Can have terms and conditions attached to the lock.

Instrument

A written legal document.

Life Estate

An estate or interest in real property held for the duration of the life of a certain person. Upon the death, the estate will automatically be vested to the remainderman or reversioner.

Limited Common Element

In a condominium, those common elements reserved for the use of a certain unit, apartment, or certain apartments, to the exclusion of other units or apartments.

Lis Pendens

A legal document giving constructive notice that an action at law is pending.

List date

Actual date the property was listed with the current broker.

List price

The price of a property through a listing agreement.

Listing

Brokers written agreement to represent a seller and their property. Agents refer to their inventory of agreements with sellers as listings.

Listing agent

The real estate sales agent that is representing the sellers and their property, through a listing agreement.

Listing agreement

A document that establishes the real estate agent’s agreement with the sellers to represent their property in the market.

Listing appointment

The time when a real estate sales agent meets with potential clients selling a property to secure a listing agreement.

Listing exclusion

A clause included in the listing agreement when the seller (transferee) lists his or her property with a broker.

Loan

An amount of money that is lent to a borrower who agrees to repay the amount plus interest.

Loan application

A document that buyers who are requesting a loan fill out and submit to their lender.

Loan closing costs

The costs a lender charges to close a borrower’s loan. These costs vary from lender to lender and from market to market.

Loan commitment

A written document telling the borrowers that the mortgage company has agreed to lend them a specific amount of money at a specific interest rate for a specific period of time. The loan commitment may also contain conditions upon which the loan commitment is based.

Loan package

The group of mortgage documents that the borrower’s lender sends to the closing or escrow.

Loan processor

An administrative individual who is assigned to check, verify, and assemble all of the documents and the buyer’s funds and the borrower’s loan for closing.

Loan to Value Ratio (LTV)

The ratio between a mortgage loan and the market or appraised value, whichever is lower.

Loan underwriter

One who underwrites a loan for another. Some lenders have investors underwrite a buyer’s loan.

Lockbox

A tool that allows secure storage of property keys on the premises for agent use. A combo uses a rotating dial to gain access with a combination; a Supra® (electronic lockbox or ELB) features a keypad.

Managing broker

A person licensed by the state as a broker who is also the broker of record for a real estate sales office. This person manages the daily operations of a real estate sales office.

Manufactured home

All or part of a dwelling unit that is constructed in one location and placed in another location.

Marketing period

The period of time in which the transferee may market his or her property (typically 45, 60, or 90 days), as directed by the third-party company’s contract with the employer.

Market Value

The highest price a willing a ready, willing and able buyer, not forced to buy, will pay to a ready, willing and able seller, not forced to sell, allowing a reasonable time for exposure in the open market.

MIP

The mortgage insurance premium collected by the FHA for insuring the mortgage.

Mobile Home

A three dimensional single family unit, built to be towed on their own chassis and not required to satisfy local building codes. Generally transfer of title is accomplished through the Motor Vehicle Commission.

Mortgage banker

One who lends the bank’s funds to borrowers and brings lenders and borrowers together.

Mortgage broker

A business that or an individual who unites lenders and borrowers and processes mortgage applications.

Mortgage loan servicing company

A company that collects monthly mortgage payments from borrowers.

Multiple listing service (MLS)

A service that compiles available properties for sale by member brokers.

Multiple Offers

More than one buyers broker present an offer on one property where the offers are negotiated at the same time.

NATIONAL ASSOCIATION OF REALTORS® (NAR)

A national association comprised of real estate professionals.

Net sales price

Gross sales price, less concessions, to the buyers.

Off market

A property listing that has been removed from the sale inventory in a market. A property can be temporarily or permanently off market.

Offer to purchase

When a buyer proposes certain terms and presents these terms to the seller.

Office tour/caravan

A walking or driving tour by a real estate sales office of listings represented by agents in the office. Usually held on a set day and time.

Open house (public)

When a listing that is on market is available to the public for viewings and showings.

Payoff letter

A written document from a seller’s mortgage company stating the amount of money needed to pay the loan in full.

Pending

A real estate contract that has been accepted on a property but the transaction has not closed. In New Jersey, the term “Under Contract” is used in place of the term pending.

Planned unit development (PUD)

Mixed-use development that sets aside areas for residential use, commercial use, and public areas such as schools, parks, and so on.

Preapproval

A higher level of buyer/borrower prequalification required by a mortgage lender. Some preapprovals have conditions the borrower must meet.

Prepaid interest

Funds paid by the borrower at closing based on the number of days left in the month of closing.

Prepayment penalty

A fine imposed on the borrower by the lender when the loan is paid off before it comes due.

Prequalification

The mortgage company tells a buyer in advance of the formal mortgage application, how much money the borrower can afford to borrow. Some pre-qualifications have conditions that the borrower must meet.

Preview appointment

When a buyer’s agent views a property alone to see if it meets his or her buyer’s needs.

Pricing

When the potential seller’s agent goes to the potential listing property to view it for marketing and pricing purposes.

Principal

The amount of money a buyer borrows.

Principal, interest, taxes, and insurance (PITI)

The four parts that make up a borrower’s monthly mortgage payment.

Private mortgage insurance (PMI)

A special insurance paid by a borrower in monthly installments, typically of loans of more than 80 percent of the value of the property.

Professional designation

Additional non-licensed real estate education completed by a real estate professional.

Professional regulation

A state licensing authority that oversees and disciplines licensees.

Promissory note

A promise-to-pay document used with a contract or an offer to purchase.

Property or home-finding assistance status reports

Reports filed weekly or monthly by the listing or buying agent representing the transferee.

Quickclaim Deed

A deed containing no warranties or covenants, which relinquishes any interest, title or claim in property the grantor may have, if any.

Radon

A radioactive gas, formed by the natural breakdown of uranium.

Real estate agent, salesperson, or broker-salesperson

An individual who is licensed by the state and who acts on behalf of his or her client, the buyer or seller. The real estate agent who does not have a broker’s license must work for a licensed broker.

REALTOR®

A registered trademark of the NATIONAL ASSOCIATION OF REALTORS that can be used only by its members.

Realty Transfer Fee (New Jersey)

The Realty Transfer Fee is imposed upon the recording of deeds evidencing transfers of title to real property in the State of New Jersey. The Fee is required to be paid upon the recording of deeds conveying title to real property in New Jersey.

Relist

Property that was listed with another broker but relisted with a current broker.

Remainderman

The one in whom an estate vests after termination of a prior estate.

Rider

A separate document that is attached to a document in some way. This is done so that an entire document does not need to be rewritten.

Right of Way

An easement of right of passage over another’s land.

Riparian Rights

The right of landowner to the use of water on or adjacent to his or her land.

Sale price

The price paid for a listing or property.

Secondary market

An institutional investment market that purchases mortgages from mortgage lenders.

Seller (owner)

The owner of a property who has signed a listing agreement or a potential listing agreement.

Setback

An ordinance prohibiting the erection of a building or structure between the curb or other established line and the setback line. The distance a house must be set back from the street in accordance with local zoning rules.

Showing

When a listing is shown to prospective buyers or the buyer’s agent (preview).

Sign rider

An additional sign placed on a brokerage yard sign; it may include the agent’s name, “open Sunday,” “contract pending,” “sold,” the new price, and so on.

Single-family home

A dwelling unit that has no common walls with another dwelling unit.

Special assessment

A special and additional charge to a unit in a condominium or cooperative. Also a special real estate tax for improvements that benefit a property.

Supra®

An electronic lockbox (ELB) that holds keys to a property. The user must have a Supra keypad to use the lockbox.

Title Insurance

A policy of insurance which indemnifies the holder for loss sustained by reason of a defect in the title, provided the loss does not result from a defect excluded by the policy provisions.

Trailing spouse

The spouse or partner of the employee being moved to a new location by an employer.

Transaction

The real estate process from offer to closing or escrow.

Transaction Broker

A brokerage firm which works with both parties in an effort to arrive at an agreement on the sale or rental or real estate

Transaction fee

A fixed amount in addition to commission charged to sellers.

Transaction management fee (TMF)

A fee charged by listing brokers to the seller as part of the listing agreement.

Transaction sides

The two sides of a transaction, sellers and buyers. The term used to record the number of transactions in which a real estate sales agent or broker was involved during a specific period.

Under contract

A property that has an accepted real estate contract between seller and buyer.

VA

U.S. Department of Veterans Affairs.

VA Loan Guarantee

A guarantee on a mortgage amount backed by the U.S. Department of Veterans Affairs.

Vacate date

The date on which the seller (transferee) vacates the property (generally the date when responsibility for property expense by the transferee ends) and the third-party company assumes ownership for the property through a buyout.

Walk-through

A showing before closing or escrow that permits the buyers one final tour of the property they are purchasing.

Zoning

An act of the city, municipality, or county authorities by exercise of police power in regulating, controlling or specifying the type of use to which property may be put in specific areas.

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Disclaimer: All information deemed reliable but not guaranteed. All properties are subject to prior sale, change or withdrawal. Neither listing broker(s) or information provider(s) shall be responsible for any typographical errors, misinformation, misprints and shall be held totally harmless. Listing(s) information is provided for consumers personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Information on this site was last updated 09/10/2010. The listing information on this page last changed on 09/10/2010. The data relating to real estate for sale on this website comes in part from the Internet Data Exchange program of MOMLS (last updated Fri 09/10/2010 7:36:40 AM EST) or Ocean County MLS (last updated Fri 09/10/2010 6:50:50 AM EST). Real estate listings held by brokerage firms other than Coldwell Banker Riviera may be marked with the Internet Data Exchange logo and detailed information about those properties will include the name of the listing broker(s) when required by the MLS. All rights reserved. --
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