CeRER study materials
CeRER study resources

CeRER key terms

CeRER · Get comfortable with the vocabulary.

Fee simple absolute

The most complete form of private property ownership, giving the holder unlimited duration, free transferability, and no conditions on use beyond lawful government restrictions.

Related: Life estate, Estate in remainder
Life estate

An ownership interest lasting only for the lifetime of a named person. The holder may use the property but cannot leave it to heirs, since it ends at death.

Related: Fee simple absolute, Estate in remainder
Estate in remainder

A future interest held by a person who receives the property after a prior interest ends, such as after a life tenant dies.

Related: Life estate, Fee simple absolute
Tenancy in common

Co-ownership by two or more people in undivided shares, with no right of survivorship. Each owner may sell or will their share to heirs.

Related: Joint tenancy, Partition
Joint tenancy

Co-ownership with equal undivided shares and a right of survivorship, so a deceased owner's share passes automatically to the surviving owners rather than to heirs.

Related: Tenancy in common, Severance
Severance

An act that breaks a joint tenancy, such as one owner conveying their share or a partition action, converting it into a tenancy in common.

Related: Joint tenancy, Partition
Easement appurtenant

A right to use a neighboring parcel that benefits the owner's land and passes automatically with that land when it is sold.

Related: Easement in gross, Encumbrance
Easement in gross

A right to use another's land that benefits a person or entity rather than a parcel, such as a utility company's line right, and is not tied to ownership of adjacent land.

Related: Easement appurtenant, Encumbrance
Encumbrance

Any claim, lien, easement, or restriction that burdens a property and may reduce its value or limit how the owner can use it.

Related: Easement appurtenant, Lien priority
Adverse possession

A doctrine allowing a person who openly, exclusively, continuously, and hostilely occupies another's land for the statutory period to gain title to it.

Related: Encumbrance, Quiet title action
Lien priority

The ranking that determines which lien or mortgage is paid first from sale proceeds, generally set by recording date or by special statutory rules.

Related: Encumbrance, Lis pendens
Lis pendens

A recorded notice that a lawsuit affecting title to a property is pending, warning buyers and lenders that ownership may change.

Related: Lien priority, Quiet title action
Quiet title action

A court case brought to settle conflicting ownership claims and confirm who holds valid title, often used to clear defects or adverse claims.

Related: Adverse possession, Lis pendens
Market value

The most probable price a property should bring in a competitive, open market under fair sale conditions, with both parties acting knowledgeably and without pressure.

Related: Comparable sales approach, Highest and best use
Comparable sales approach

A valuation method that estimates value by analyzing recent arm's-length sales of similar properties and adjusting for differences in features, size, condition, and location.

Related: Market value, Adjustment
Highest and best use

The reasonably probable use of a property that is legally permitted, physically possible, financially feasible, and produces the greatest value.

Related: Market value, Income capitalization approach
Income capitalization approach

A valuation method that converts a property's expected net operating income into an indicated value by dividing it by a market-derived capitalization rate.

Related: Net operating income, Highest and best use
Net operating income

A property's effective gross income minus operating expenses, excluding debt service and income taxes, used to measure the property's earning power.

Related: Income capitalization approach, Adjustment
Adjustment

A dollar or percentage change applied to a comparable sale's price to account for differences between that property and the subject property being valued.

Related: Comparable sales approach, Net operating income
Buyer representation agreement

A written contract between a buyer and a broker setting out the scope of services, compensation terms, duration, and any exclusivity of the relationship.

Related: Exclusive right-to-buy, Agency disclosure
Exclusive right-to-buy

A buyer agency arrangement in which the broker is entitled to compensation regardless of who finds the property, even if the buyer locates it independently.

Related: Buyer representation agreement, Procuring cause
Procuring cause

The uninterrupted series of events that leads to a completed transaction, used to decide which broker is entitled to a commission.

Related: Exclusive right-to-buy, Commission
Commission

Compensation paid to a broker for services in a transaction, typically a percentage of price or a flat fee, and always negotiable between the parties.

Related: Procuring cause, Net listing
Net listing

An arrangement where the seller sets a minimum net amount and the broker keeps any sale proceeds above it; many jurisdictions restrict or prohibit it because of conflict-of-interest risk.

Related: Commission, Fiduciary duty
Earnest money deposit

Funds a buyer deposits to show good faith and commitment, usually held in trust and applied to the purchase price or returned under contract terms.

Related: Escrow, Contingency
Contingency

A contract condition that must be satisfied for the sale to proceed, such as financing, inspection, or appraisal, and whose failure may let a party cancel.

Related: Earnest money deposit, Due diligence period
Due diligence period

A negotiated window after contract acceptance during which the buyer may inspect the property, review records, and cancel or renegotiate under stated terms.

Related: Contingency, Earnest money deposit
Escrow

A neutral third party's holding of funds or documents until stated conditions are met, protecting both sides during a transaction.

Related: Earnest money deposit, Settlement statement
Settlement statement

A closing document itemizing all debits and credits to the buyer and seller, including price, loan charges, prorations, and fees.

Related: Escrow, Proration
Proration

The division of ongoing costs such as property taxes, rent, or association dues between buyer and seller based on the closing date.

Related: Settlement statement
Loan-to-value ratio

The loan amount divided by the property's appraised value or purchase price, used by lenders to gauge risk and set mortgage insurance requirements.

Related: Private mortgage insurance, Amortization
Private mortgage insurance

Coverage that protects a lender against loss if a borrower defaults, typically required when the loan-to-value ratio exceeds a set threshold.

Related: Loan-to-value ratio, Amortization
Amortization

The gradual repayment of a loan through scheduled payments that cover interest first and increasingly reduce principal over the loan term.

Related: Loan-to-value ratio, Annual percentage rate
Annual percentage rate

A standardized measure of credit cost that combines the interest rate with certain fees and points, expressed as a yearly percentage for comparison.

Related: Amortization, Loan-to-value ratio
Fiduciary duty

The legal obligation of a broker to act in the client's best interest, including loyalty, confidentiality, disclosure, obedience, and accounting for funds.

Related: Agency disclosure, Dual agency
Dual agency

A situation where one broker represents both buyer and seller in the same transaction, permitted only with informed written consent where law allows.

Related: Fiduciary duty, Agency disclosure
Agency disclosure

A required written notice explaining whom the broker represents and the duties owed, given to consumers before or at the start of representation.

Related: Fiduciary duty, Dual agency
Steering

Directing buyers toward or away from neighborhoods based on protected characteristics rather than their stated needs, a fair housing violation.

Related: Blockbusting, Fair housing
Blockbusting

Inducing owners to sell by suggesting that members of a protected group are moving into the area and will lower property values, which is unlawful.

Related: Steering, Fair housing
Fair housing

Laws barring discrimination in the sale, rental, advertising, and financing of housing based on protected characteristics such as race, religion, sex, disability, and familial status.

Related: Steering, Blockbusting
Redlining

Refusing or limiting loans, insurance, or services in certain neighborhoods based on their demographics rather than economic risk, which is illegal.

Related: Fair housing, Steering