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Real Estate Study
Real Property - Contracts
Question | Answer |
---|---|
Option Agreement | Owner agrees to keep an offer open to sell or lease real property for a specified time and may receive money to hold it |
Option Contract | Example of Unilateral contract |
Land Contract | Seller is vendor and buyer is vendee |
Contract for deed | Also knows as land contract, installment contract. Seller retails legal title to property until final payment made |
Contingencies | These require the completion of a certain act or promise before contract is binding |
Liquidated Damages | Clause that requires compensation be paid if one party breaches contract |
Forfeiture clause | Under certain circumstances one party must forfeit or give something to other part. |
Caveat Venditor | Seller Beware |
Exculpatory Clause | found in a contract relieving a party from liability for injuries to other party. |
Indemnification Clause | found in contract. One party agrees to compensate other for a loss or damage that is sustained. |
Liquidated | Pre-authorized by the contract |
Actual Damages | Those that compensate for the cost of that which has been lost |
Punitive damages | Unrelated to the cost of the lost but only punishes the wrong-doer |
Independant Contractor | Status of person's employment where broker can regulate working hours, office routine, attendance at meeting and may without Social Security, FICA. |
Real Estate | Land and all attachments to land |
Real Property | Land, all attachments, plus bundle of rights |
Fructus Naturales | Fruits of nature, do not require annual cultivation and considered real property |
Emblements | Crops that do require annual cultivation and are personal property |
Riparian Rights | Granted to owners of land along a river, stream or lake. |
Littoral Rights | Granted to owners of land that borders on large water, oceans. Ownership is to mean high water mark. |
Accretion | Land increases by deposit of soil by waters action. |
Reliction | When water recedes and new land is acquired. |
Avulsion | Sudden loss of land, usually happens from natural disasters |
Erosion | Gradual wearing away of land. |
Intention, Method of annexation, Adaptation to real estate, agreement | What the court uses to determine if something is real or personal property. |