BC Real Estate Trading Services Exam flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Real Estate Services Act
- The BC statute that governs licensing, brokerage operations, trust accounts, and discipline for real estate licensees; it establishes the regulatory framework administered by BCFSA.
- Dual agency prohibition
- A licensee may not represent both the buyer and the seller in the same trade; one party must be a client and the other an unrepresented party or separately represented.
- Fee simple estate
- The highest and most complete estate in land, of potentially infinite duration, subject only to government and statutory restrictions and to interests registered against title.
- Joint tenancy
- Co-ownership with the right of survivorship, requiring unity of time, title, interest, and possession; on death the deceased's share passes to the surviving joint tenants.
- Indefeasible title
- The registered title under the BC Land Title Act that is conclusive evidence of ownership, subject to statutory exceptions and overriding interests such as taxes and Crown claims.
- Fiduciary duty
- The duty an agent owes a client, including loyalty, confidentiality, full disclosure, obedience to lawful instructions, and accounting for money and property entrusted.
- Designated agency
- A model in which the brokerage represents the client and designates a specific licensee to act, while other licensees in the brokerage must not disclose the client's confidences.
- Unrepresented party
- A person receiving trading services who is not a client of the brokerage; the licensee must disclose the limits of the relationship and must not provide advice to that party.
- Subject clause
- A condition precedent in a contract of purchase and sale that must be removed in writing by a stated deadline; if not removed, the contract may terminate and the deposit return.
- Statement of adjustments
- A closing document prepared by the notary or lawyer that prorates property taxes, utilities, and strata fees as of the completion date and shows the final funds owed.
- Deposit forfeiture
- On the buyer's default, the deposit is paid to the seller as agreed in the contract, subject to the seller's duty to mitigate and to any court order.
- Amortization versus term
- Amortization is the total period to repay the loan at the contracted payments; the term is the period the rate and conditions are guaranteed before renewal.
- Interest rate differential
- A penalty on early payout of a fixed-rate mortgage, calculated as the difference between the contract rate and the current rate for the remaining term, applied to the balance.
- Gross debt service ratio
- Annual housing costs including principal, interest, taxes, heating, and half of condo fees, divided by gross annual income; lenders use it to assess mortgage affordability.
- Direct comparison approach
- A valuation method that adjusts recent comparable sales for differences in time, location, size, condition, and features to indicate the subject property's market value.
- Capitalization rate
- The rate used to convert net operating income into an indicated value; value equals net operating income divided by the capitalization rate.
- Highest and best use
- The reasonably probable, legally permissible, physically possible, and financially feasible use of a property that produces the highest value.
- Latent defect
- A defect not discoverable by reasonable inspection that the seller knows of and must disclose; patent defects are discoverable and are the buyer's responsibility to find.
- Listing agreement
- A written service agreement between a seller and a brokerage that sets out the services, the list price, the term, and the remuneration for marketing the property.
- Material change disclosure
- A licensee's duty to disclose a known change in the property or neighbourhood that would be material to a reasonable buyer's decision to purchase.
- Non-conforming use
- A lawful use of land that predates and does not comply with the current zoning bylaw; it may generally continue subject to the bylaw's conditions.
- Strata corporation
- The legal entity created by registering a strata plan, responsible for managing common property, holding meetings, and maintaining bylaws and a contingency reserve fund.
- Cooperative ownership
- A housing model in which the cooperative corporation holds title to the land and building, and members own shares and receive an occupancy agreement for a unit.
- Property transfer tax
- A BC tax payable on registration of a transfer, calculated on fair market value using graduated rates, with exemptions for qualifying first-time buyers and other categories.
- Mill rate
- The property tax rate applied to assessed value; one mill equals one dollar of tax for every one thousand dollars of assessed value.
- Loan-to-value ratio
- The loan amount divided by the property's value; higher ratios indicate less borrower equity and typically require mortgage default insurance.
- Net operating income
- Effective gross income minus operating expenses, excluding debt service, income taxes, capital expenditures, and depreciation; it is the basis for the income approach.
- Triple net lease
- A commercial lease in which the tenant pays base rent plus its share of property taxes, insurance, and maintenance costs in addition to its own occupancy costs.
- Cash-on-cash return
- Annual before-tax cash flow divided by the cash invested by the investor; it measures the return earned on equity rather than on the total property value.
- Pooled trust account
- A designated account at a financial institution into which a brokerage deposits client funds, kept separate from the brokerage's own operating money.
- Monthly trust reconciliation
- The required comparison of the trust account bank balance to the trust ledger balances, with any shortage or discrepancy reported and investigated promptly.
- Errors and omissions insurance
- Professional liability coverage required of licensees, protecting against claims arising from negligent acts, errors, or omissions in providing real estate services.