A Acceptance When the offeree accepts the offeror’s last offer, you have an acceptance. I use offeree & offeror here because it’s isn’t necessarily the seller who always accepts or declines an offer. When a buyer makes an offer, he is the offeror and the seller is the offeree… but as soon as the seller makes a counter-offer, the seller becomes the offeror and the buyer, the offeree. See? Accretion The gradual addition to the shore or bank of a waterway by deposits of sand or silt. Acknowledgment A written declaration affirming that a person is acting voluntarily. Acre A measurement of land equal to 43,560 square feet Addendum An addition or change to a contract. Any addendum must be signed by both parties for it to become a part of the original contract unless one party is allowed to unilaterally change the contract - such as extending the closing date due to financing or due to problems with the title. Adjustable-rate mortgage (ARM) A loan with an interest rate that is periodically adjusted to reflect changes in a specified financial index. These usually have Caps over specified time to prevent lenders from jacking up the rate all at once. Adjusted Cost Basis Adjustment to your original cost of property based on improvements made to the home to determine actual profit or loss. Agency A fiduciary relationship that exists between sellers and buyers and their agents. The agency is formed through a written contract only. In Georgia, BRRETA limits the fiduciary aspect of that relationship but establishes guidelines for the client/agent relationship. Amortization The process of paying the principal and interest on a loan through regularly scheduled installments. Initially, the interest payment portion of the payments are larger than the principal payments, but as principal is paid down, more is applied to the principal and less to interest. Appraisal An opinion of the value of a property at a given point in time conducted by a registered or certified appraiser. Remember, a real estate agent without an additional license as an appraiser, cannot conduct an appraisal. They can do market analyses but technically cannot call than an appraisal of value. Appreciation An increase in the value of a home or other property as market values in the area go up or as you invest money into the property to affect it’s marketability. As-is condition An option for purchasing some property. Common in foreclosure sales and often accepted by buyers who are purchasing a tear-down. Assessed value A tax assessor's determination of the value of a home in order to calculate a tax base Assignor A person who transfers rights and interests of a propertyAssociate Broker A real estate licensee who has completed the appropriate Broker's course of study and has been a licensed salesperson for at least 3 years who chooses to work under another Managing Broker. As associate broker may, at any time, opt to become a managing broker on his/her own or for another company. BBackup Offer Just as it sounds, if a Seller accepts one offer, but still has interest in the property from other buyers, he may accept a back up offer in case the first offer falls through. Balloon Loan A mortgage in which monthly installments are not large enough to repay the loan by the end of the term. As a result, the final payment due is the lump sum of the remaining principal Balloon Payment The final lump sum payment due at the end of a balloon mortgage Bilateral Contract A contract in which both parties mutually agree to all the terms set within. See Unilateral contract for more. Bill of Sale A document used in the sale of personal property. In real estate, we use it when perhaps a Buyer purchases the Seller’s furniture as part of the property sale. The home sale is under one contract, but the personal property must be transferred through a bill of sale. BRRETA (Brokerage Relationship in Real Estate Transaction) An act passed by the Georgia Legislature establishing guidelines for the agent-client relationship in real estate. Broker The highest level of real estate licensing which allows the licensee to operate as a managing broker for a company and in responsible for the licensee affiliated with that company. A Broker must complete additional courses of study and have been licensed for at least 3 years. Brokerage The act of bringing together two or more parties in exchange for a fee or commission Buyer Broker As established by BRRETA, a buyer-broker is one who act exclusively on behalf of a buyer in a client/agent relationship.
C Capital Gains Profit made from the sale of real estate which is taxable. Capitalization Rate The percentage rate of return estimated from the net income of a piece of income producing property Chain of Title A summary of the history of ownership on a property. Any gaps or discrepencies create a Cloud on Title. Chattel Personal property such as furniture, clothing or a car Clear Title A property that does not have liens, defects or other legal encumbrances Cleared to Close A term used by lenders when the borrower has passed all requirements for financing and is able to close the transaction. Your agent may request a Clear to Close from the lender to ensure that closing can occur. Closing The final step in purchasing property. Here in Georgia, it’s conducted by a closing attorney where all parties come together to sign documents and pass the deed. Client Services As described by BRRETA, client services include honesty, care, obedience, full disclosure, loyalty, accounting, confidentiality. Closing Costs Costs associated with a Buyer’s closing, including attorney’s fees, cost of loans, surveys, inspections etc. Closing Statement A document which details the final financial settlement between a buyer and seller and the costs paid by each party, otherwise referred to as HUD1. Cloud on Title Any potential problem in the chain of title that affects the marketability of a property. Can be anything from a minor problem with a name change on the title, to missing heirs with claims or any liens etc. Common Area Areas inside condominiums or subdivisions where all residents are responsible for it’s maintenance and upkeep. Comparables Properties used as comparisons to determine the value of a certain property Comparative Market Analysis An estimation of value or marketablity of a property based on an analysis of sales of properties with similar characteristics. Used by both Appraisers and Real Estate professionals. Condominium Type of ownership in a development where the owner holds fee simple title to the air space and/or interior walls within a given building. The owner also holds title as tenants in common with the rest of the owners to the common areas. Consideration Something that induces a person to enter into an agreement. Must be legal, have monetary or emotional value. In purchasing a property, the offer price is considered 'consideration' NOT the earnest money. Contingency A condition placed in a purchase & sale agreement specifying certain acts that must be completed before the sale can be finalized. Most common contingencies include Home Inspection & Resolution, property appraising for at least the sale price, sale of buyer’s other property etc. Contract to Purchase A contract the buyer initiates which details the purchase price and conditions of the transaction and is accepted by the seller. Also known as an agreement of sale Conventional Loan A long-term loan made by a lender for the purchase of a property. This loan ‘conforms’ to guidelines established to re-sell it into the secondary mortgage market (i.e. Fannie Mae, Freddie Mac, Ginnie Mae). Cooperating Broker An agent/broker who brings a buyer/client to a property listed for sale by another agent/broker. Counteroffer A new offer made by the offeree modifying the offeror’s original offer. Can go back and forth with the buyer and seller changing roles as offeree and offeror. Credit History A record of an individual's current and past debt payments establishing credit worthiness and risk.
D Days on Market Number of days in which a property was listed for sale prior to closing. Deed The legal instrument showing ownership of a property. Default The failure to complete the obligations required as described in a contract. Most commonly, to fail to meet your mortgage obligation. Depreciation The decline in value of a piece of property Disclosure Providing information relevant to a contract. Can include everything from the Seller’s Property Disclosure where a seller is obligated to truthfully disclose anything about the property that is known. It can also include personal disclosure such as the agent involved in the transaction is related to the purchaser. Discount Points Fees that a borrower pays at the time the lender makes the loan. A point equals 1 percent of the total loan amount and essentially buys down the interest rate to the tune of 1/8% for each point paid. This increases the money required to close but reduces long term payments because of the lower rates. Pay now… pay later. It’s up to you. Distressed Property Property that is in poor physical or financial condition Down Payment The amount of money the buyer can put down on the purchase of property. Dual Agency An agency relationship where one agent/broker represents both the buyer and seller in a transaction. Inherently problematic and illegal in many states. Legal in Georgia but be careful! See my Buyer’s page for more. Duplex A structure that consists of two separate family units
E Earnest Money Money provided by the Buyer to show good faith in making an offer. Also referred to as a Binder by some. This money Is made out to either broker who places it into a trust account and is applied to the buyer’s contribution at closing. Easement A right given to a third party to use a portion of the property for certain purposes, such as power lines or water mains. Most easements ‘run with the land’ which means that when the property is sold, the easement still holds. Personal easements are more licenses – which can be terminated at any time such as personal fishing rights to a pond on some else’s property. Elevations The exterior view of a home design that shows the position of the house relative to the grade of the land. Commonly used here in our area are Elevation certificates produced by surveyors to show a home’s elevation in relation to mean sea level due to flood insurance issues. Eminent Domain The government's right to condemn private land for public use, such as the routing of a public highway. Encroachment Any physical structure that is in the way of another’s property. Most commonly found encroachments are fences, sheds and outbuildings and driveways built on a neighbor’s yard due to ambiguous lot lines. Only way to determine an encroachment is to order a survey. Encumbrance A claim or lien on a property which complicates the title process. Equal Credit Opportunity Act. A federal law that prohibits a lender or other creditor from refusing to grant credit based on the applicant's sex, marital status, race, religion, national origin or age. The law also prohibits a creditor from refusing to grant credit because the applicant receives public assistance. Equity The value of property after all financial obligations are removed. This is what you actually own. Escrow 1) In many states, a neutral third party holds the documents and money involved in a real estate transaction and ensures that all conditions of a sale are met. This period is referred to as being in “escrow.” 2) Escrow also refers to a special account that a lender establishes to hold monthly installments from the borrower to cover property taxes and insurance. Escrow Account An account that a lender or mortgage servicer establishes to hold funds for the payment of expenses such as homeowners insurance and property taxes. Also known as an impound account Estate The total assets of a person, including real property, at the time of death. Eviction A legal procedure to remove a tenant for reasons including failure to pay rent. Examination of Title An inspection by a title company of public records and other documents to determine the chain of ownership of a property Exclusive Listing A contract between a property owner and broker for a specified period of time allowing the broker to market the property and find a ready, willing and able buyer.
F Fair Housing Act Federal law passed in 1968 and amended in 1988 that makes it illegal to deny rent or refuse to sell to anyone based on race, color, religion, sex or national origin. The 1988 amendment expanded the protections to include family status and disability. Fee Simple Form of ownership that is the maximum interest a person can have in a piece of real estate. It entitles the owner to use the property in any manner they see fit, in accordance with state and local laws, with no limitations whatsoever. Fee Simple Defeasible Form of ownership which comes to the current owner with conditions which must be maintained or conditions which must not occur for the owner to maintain possession. For instance, if someone grants a property to be used by the county as a park only and the county decides to build a shopping center, the property reverts back to the original owner or her heirs. Fixture Personal property that is permanently attached to house such as curtain rods, chandeliers, ceiling fans etc. Must often be clarified which is why there are spaces provided in the Seller’s Property Disclosure as to what stays and what doesn’t in order to prevent problems and misunderstandings. Flood Insurance Hazard coverage that is required in designated flood areas. Common in our area. Rates are set by FEMA (Federal Emergency Management Agency) but issued by insurance companies. Foreclosure Legal process by which a mortgage lien holder repossesses a property and sells it to satisfy the loan obligation. In Georgia, the lender does not have to go to court to sue for foreclosure. We are known as a non-judicial foreclosure state which means all the lender has to do make proper notification to the defaulting mortgagor, place an ad in the local paper announcing the foreclosure proceeding and notifying other lien holders of the act. As one local attorney puts it: "No Pay - No Stay" For Sale By Owner (FSBO) Property owner who attempts to sell their property by themselves without the involvement of real estate professionals. Please read more on this… Free Look Period A specified amount of time as stated in a Purchase & Sale Agreement in which the potential buyer can inspect, investigate, analyze etc. a property with the option to terminate the agreement at any time inside the time period without penalty for any reason. Under our Purchase & Sale Agreement, the "Right to Due Diligence" option is technically a 'free look period'. Frontage The portion of property that borders a roadway or body of water.
G General Warranty Deed The highest form of a deed to be conveyed in which the seller warrants that there are no encumbrances on the title and that if something were to come up in the future, the seller will assist to clear any matters up. Georgia Wood Infestation Inspection Report An official inspection by a pest control company conducted no earlier than 180 days from listing with another inspection required no more than 30 days from close. Good-faith Estimate An estimate from an institutional lender that shows all the costs the borrower will potentially incur including all the costs of the loan, attorneys fees, title fees, miscellaneous fees, escrow amounts, etc. This should show the actual amount, including your intended down payment that you must be able to produce at closing. Good way to shop around for loans is to get several from lenders and do apples to apples comparisons. Grantee A person receiving the property being conveyed. Grantor The person who conveys an interest in a piece of property to another person. Gross Income The total income of a household before taxes or expenses are subtracted.
H Hazard Insurance This provision of homeowners insurance covers damage by fire, wind or other disaster. It is required by all lenders before a loan is approved. Home Inspection In inspection of a home that includes all safety and code issues, structural elements and functional issues. In the 2005 Georgia Association of REALTORS® contracts, a home inspector is now defined as some who’s primary business is in home inspection or related field. Homeowners' Association Organization of homeowners in a particular development who come together to manage the operations of that development from enforcing the covenants & restrictions, establishing budgets, addressing concerns and issues for the good of all owners and their property value. Homeowners' Insurance This insurance includes hazard coverage for any damages that may affect the value of a house, in addition to personal liability and theft coverage. Homeowners' Warranty Special insurance policy which can be purchased by owners and buyers alike to cover repair and replacement costs of systems in their home such as HVAC, roof leaks, hot water heaters etc. A good ideal for any homeowner purchasing an older home with original appliances and systems. Homestead Exemption In Glynn County, a homeowner can lock in their property tax under Homestead Exemption on their primary residence. HUD-1 Uniform Settlement Statement A closing statement or settlement sheet that outlines all closing costs on a real estate transaction or refinancing. All parties sign each copy and it becomes the final synopsis of the closing.
I Income Producing Property Investment property that is rented out and produces a regular income such as a rental apartment, multi-family dwelling, shopping center etc. Insurabilitity Much like car insurance, your home also has a history of claims filed against it. This information can be discovered in a C.L.U.E. report maintained by the Insurance industry. Some homes with a lot of claims can be deemed uninsurable.
J Joint Tenancy A common form of ownership where two or more parties own equal interest in a property with rights of survivorship, one's interest in the property reverts automatically to the remaining owners in the event of death. Mostly in the case of spouses, when one spouse dies, the property reverts totally to the widow or widower. Judicial Foreclosure In many states, in the case of default by the borrower, the lender must take the borrower to court and sue for foreclosure. In Georgia, we are a non-judicial foreclosure state and this is not required - simplifying the foreclosure process for the lender.
K Kick-out Provision Usually attached to a contingency, this clause allows for a contingency to be placed on an offer to purchase based on certain events that must take place before closing can occur. In the event the Seller receives another offer, the kick-out provision allows for right of first refusal where the initial offeror can decide whether to eliminate the contingency requirement and purchase the property or bow out and allow the seller accept the other offer.
L Latent Defect A hidden problem in a piece of property such as bad wiring, termite damage or lead paint that cannot be seen in a routine inspection. Lead Lead-based paint causes developmental damage to young children. Large enough problem nationally that it is required of all landlords to disclose lead based paint to all tenants and Seller’s to disclose it to potential buyers. Found in the Seller’s Property Disclosure. Lease Option A lease that contains the right to purchase the property for a specific price within a certain time frame. Legal Description A more specific method of describing a property outside of it’s street number and name. Usually involves lot numbers, phase and subdivision for more accurate identification to ensure that the right property is being transferred at the time of sale. Lien A claim laid by one person or company on the property of another as security for money owed. Listing Property placed on the market by a broker Low-Documentation Loan A mortgage that requires only minimal verification of income and assets. Usually done with buyers placing a large amount for down payment and with excellent credit.
M Maintenance Fee The monthly assessment members of a homeowners' association pay for the repair and maintenance of common areas. Market Conditions Factors affecting the sale and purchase of homes at a particular point in time. Market Value The price that a piece of property sells for at a particular point in time Mechanic's Lien Subcontractors or suppliers sometimes will file an encumbrance, or mechanic's lien, against a property to seek payment Median Price The price of the house that falls in the middle of the total number of homes for sale in that area. Ministerial Service Provided by an agent to customers limited to non-advisory, technical services such as processing paperwork, providing information available to the public, directing to other services all with honesty and fairness. Mortgage A legal document specifying a certain amount of money to purchase a home at a certain interest rate, and using the property as collateral Mortgagee A bank or other financial institution that lends money to the borrower. The borrower is considered the mortgagor. Mortgagor The person who borrows money to purchase a house. The lender is called the mortgagee. Multiple Listing Service (MLS) The service usually offered by local Board of REALTORS® that combines the listings of all available homes in an area, except For-Sale-By-Owner (FSBO) properties, in one directory or database. Members of a particular Board agree to cooperate in the sales process where one agent has a buyer for another agent's listing.
N Negotiable In a home search, criteria for property which are not necessarily imperative but something that can be negotiated on or off the list such as a bonus room? or swimming pool? Non-Negotiable Here, it refers to criteria for a home search whereby some elements that a Buyer wants in a home is a definite must, such as three bedrooms or 2 bathrooms, or even a garage.
O Option A situation in which a buyer pays for the right to purchase a piece of real estate within a set time period but does not have an obligation to buy. Once the buyer exercises this option, the seller, however, is obligated to sell. Origination Fee A fee charged by most lenders for processing a loan. A point is 1 percent of the total loan amount and can often be negotiated down... so don't accept things just because...
P Patent Defect A visible deficiency in a piece of property, such as a cracked basement slab or a sagging porch. A defect in a home that is clearly visible without in-depth inspection. Personal Property Any moveable property in a house such as furniture or appliances Pest-Control Inspection In Georgia, it is written into a listing contract that a termite inspection be conducted no earlier than 180 days from listing a property. And then, according to the Purchase & Sale Agreement, another one is required prior to close no more than 30 days out. These are referred to a Clearance Letters, stating that no active infestation exists on the a home being sold. Most homes in the South should maintain a bond or warranty service with a licensed pest control company. The best way to handle this is to transfer the bond at the time of purchase from the Seller to the Buyer. If the home is not under bond, an initial set-up can be costly as the pest control company will have to the treat the entire home before they will then place the home under a bond. PITI (Principal, Interest, Taxes, Insurance) Type of loan that amortizes the principal and interest but also utilizes an escrow account to include the homeowner's property tax and insurance payments so the borrower only makes one payment each month and the lender ensures the taxes and insurance are always paid. Possession When a buyer physically take ownership of the home. Many time, the Sellers require a few days to move out of the home, at which point, the date of possession may not coincide with the date of close. Power of Attorney A legal document that allows one person to act on behalf of another. Anyone purchasing or selling real estate through a POA must present an original copy of the POA at the time of close and sign all documents stating the name of the original party, their name and the fact that they are acting under a POA. Pre-Approval Letter A letter from a lender that states that the Buyer has been approved for a certain amount of $ towards the purchase of a home. Prepaid interest 1) Interest paid before it is due. For example, at the close of a real estate transaction borrowers usually pay for the interest on their loan that falls between the closing period and the first monthly payment. 2) If you pay points on your loan, you are essentially dealing with pre-paid interest. Principal The actual amount of money that the borrower owes on a loan. Principle of Conformity The idea that a house will more likely appreciate in value if its size, age, condition and style are similar to, or conform to, other houses in the neighborhood. Private Mortgage Insurance (PMI) Mortgage Insurance that lenders require of borrowers whose loan-to-value ratio is higher than 80%. So anyone putting less than 20% down on a home may be subject to PMI. As a property appreciates and principal is reduced through steady payment, PMI can be removed if the property is reassessed and the loan principal to new assessed value is less than 80%. Property Tax In Glynn County, properties are assessed at 40% of their market value and the current millage rate varies depending on where in Glynn you are. St. Simons Island's mil rate is 24.526; the city of Brunswick is 34.879 and the outer Glynn area is 22.814. Let's do the math: A home on St. Simons Island is assessed by the county at $200,000. 40% of $200,000 = $80,000. $80,000 x .024526 = $1962.08. Property Tax Deduction The U.S. tax code allows homeowners to deduct the amount they have paid in property taxes Proration To assess proportionately any amount associated with the sale of a property at closing. For the buyer, interest is prorated to include only the day of closing and forward. In Glynn County, property taxes are due in December. So for any property closing prior to December, the Seller's portion of the property tax due for the time period they owned the house will be prorated and credited to the Buyer so in December, the Buyer is responsible for the entire year's tax. Purchase & Sale Agreement The document used to make an offer on a property stating all the terms of the offer.
Q Qualified Intermediary A non-related, neutral third party who assists with a 1031 Exchange. In this exchange, the QI holds the funds from one sale and disburses it at the related sale completing the 1031 Exchange. Quit-Claim Deed A document that releases a party from any interest in a piece of real estate. Often it is used to clear a cloud on a title.
R Real Estate Settlement Procedures Act (RESPA) A federal law designed to make sellers and buyers aware of settlement fees and other transaction-related costs. RESPA also outlaws kickbacks in the real estate business Real Property Land and any permanent fixtures on it, including any buildings, trees and minerals. The term real estate comes from real property. REALTOR® A designation for an agent or broker who is a member of the National Association of REALTORS® Only a member of the NAR can be called a REALTOR® Recission The cancellation of a contract by law or mutual consent by the parties involved. Reconveyance When a borrower completely pays off the mortgage, the property is reconveyed to them from the lender. Recording fee A fee charged by closing attorneys for recording the sale of a piece of property into the public record. Redlining The illegal practice by a bank or insurance company to deny credit or insurance to people based on ethnic background or neighborhood.
S Salesperson A real estate licensee who is allowed to conduct real estate transaction under the supervision and in the name of a Broker with whom the licensee is affiliated. Seller Broker A seller broker is the listing agent who has a client/agent relationship with the Seller and represents the Seller in the sale of that property. Special Assessment When a homeowners' association needs or wants extra funds, it levies a special assessment upon the owners Staging The process of redecorating or rearranging the interior and exterior of a home for the intention of attracting buyers. Staging utilizes basic interior design theories for color and space but it worked around de-personalizing the home, defining rooms and spaces, and making it universally appealing. Stigmatized Property A property that has been the site of a death, murder, suicide or the like. Even a home reported to be haunted can be considered stigmatized. A Seller is not required to disclose unless asked. Federal Fair Housing regulations prevent disclosure if the stigmatization occurred due to death by AIDS since AIDS victims are a federally protected class. Survey A precise measurement of a piece of property by a licensed surveyor
T Tax Deduction Allowable tax breaks on certain items such as mortgage interest, property taxes etc. which help support the notion that owning a home is much better than renting! Tax Lien A claim placed on property for uncollected property tax. A tax lien takes precedence over all other claims against your property - so make sure you PAY YOUR TAXES! Tax Sale If you don't pay your taxes and the government places a lien on your home - they can then sell your home and take the money owed from the proceeds! Tear-Down Condition Quite common here in our area where old cottages are sitting on prime real estate. A tear-down will be purchased and then bull-dozed to make way for a brand new home. Tenants in Common Two or more owners who share interest in a specific property. Interest can be unequal and inheritable. Terrmination & Release A contract drawn up upon the failure of a Purchase & Sale Agreement. If the parties are unable to remove all contingencies in the contract towards a successful closing, then the parties must sign the Termination & Release Agreement terminating the contract and releasing the Earnest Money being held in escrow. Title The actual legal document conferring ownership of a piece of real estate Title Insurance A policy issued to lenders and buyers to protect any losses because of a dispute over the ownership of a piece of property. Title Search A check of public title records to ascertain that the seller is the legal owner and that there are no claims or liens against the property Transfer Tax An assessment by state or local authorities at the time a piece of property changes hands Trust Account Special accounts used by brokers and escrow agents to safeguard funds for a buyer or seller. In Georgia, Trust accounts are strictly regulated by the Georgia Real estate Commission.
U Underwriting A lender's process for determining the risk of a loan and establishing guidelines for that loan Unilateral contract A contract where only one party is obligated to perform under the terms of the agreement. Upzoning The process in which a property is zoned from a lower to a higher use
V Verification of Deposit Part of the loan process, in which a lender will ask a borrower's bank to sign a statement verifying the borrower's account balances and history. This will be conducted at the initial application for a loan and also near closing so the lender can confirm the funds are still there. Verification of Employment Part of the loan process, in which a lender asks the borrower's employer for confirmation of the borrower's position and salary. Variable Rate Mortgage A loan with an interest rate that hinges on factors such as the rate paid on bank certificates and Treasury bills VA Loans A program that allows most veterans to purchase a house without a down payment.
W Wainscoting Wood paneling, tongue-and-groove boards or similar material installed between a baseboard and a chair rail. Waiver A voluntary relinquishing of certain rights or claims Walk-Through A final look at a home prior to closing conducted by the buyer to ensure that the home is being left in satisfactory condition as per the purchase & sale agreement. Warranty A legally binding promise to do something in the future such as in types of deeds. Companies who produce products or offer services offer warranties in case of product failure or service failure. A General Warranty deed offers Buyers the highest level of protection since the Seller is warranting that there are no encumbrances on the title and if there is, they will help to remedy it. Wetlands Watery areas such as swamps, marshes and floodplains. In Georgia, the Dept. of Natural Resources (DNR) strictly controls land usage in wetland areas.
Y Y? Why not...
Z Zoning Regulations that control the use of land.

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