CeRER key terms
CeRER · Get comfortable with the vocabulary.
- Fee simple absolute
- Related: Life estate, Estate in remainder
The most complete form of private property ownership, giving the holder unlimited duration, free transferability, and no conditions on use beyond lawful government restrictions.
- Life estate
- Related: Fee simple absolute, Estate in remainder
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.
- Estate in remainder
- Related: Life estate, Fee simple absolute
A future interest held by a person who receives the property after a prior interest ends, such as after a life tenant dies.
- Tenancy in common
- Related: Joint tenancy, Partition
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.
- Joint tenancy
- Related: Tenancy in common, Severance
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.
- Severance
- Related: Joint tenancy, Partition
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.
- Easement appurtenant
- Related: Easement in gross, Encumbrance
A right to use a neighboring parcel that benefits the owner's land and passes automatically with that land when it is sold.
- Easement in gross
- Related: Easement appurtenant, Encumbrance
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.
- Encumbrance
- Related: Easement appurtenant, Lien priority
Any claim, lien, easement, or restriction that burdens a property and may reduce its value or limit how the owner can use it.
- Adverse possession
- Related: Encumbrance, Quiet title action
A doctrine allowing a person who openly, exclusively, continuously, and hostilely occupies another's land for the statutory period to gain title to it.
- Lien priority
- Related: Encumbrance, Lis pendens
The ranking that determines which lien or mortgage is paid first from sale proceeds, generally set by recording date or by special statutory rules.
- Lis pendens
- Related: Lien priority, Quiet title action
A recorded notice that a lawsuit affecting title to a property is pending, warning buyers and lenders that ownership may change.
- Quiet title action
- Related: Adverse possession, Lis pendens
A court case brought to settle conflicting ownership claims and confirm who holds valid title, often used to clear defects or adverse claims.
- Market value
- Related: Comparable sales approach, Highest and best use
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.
- Comparable sales approach
- Related: Market value, Adjustment
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.
- Highest and best use
- Related: Market value, Income capitalization approach
The reasonably probable use of a property that is legally permitted, physically possible, financially feasible, and produces the greatest value.
- Income capitalization approach
- Related: Net operating income, Highest and best use
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.
- Net operating income
- Related: Income capitalization approach, Adjustment
A property's effective gross income minus operating expenses, excluding debt service and income taxes, used to measure the property's earning power.
- Adjustment
- Related: Comparable sales approach, Net operating income
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.
- Buyer representation agreement
- Related: Exclusive right-to-buy, Agency disclosure
A written contract between a buyer and a broker setting out the scope of services, compensation terms, duration, and any exclusivity of the relationship.
- Exclusive right-to-buy
- Related: Buyer representation agreement, Procuring cause
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.
- Procuring cause
- Related: Exclusive right-to-buy, Commission
The uninterrupted series of events that leads to a completed transaction, used to decide which broker is entitled to a commission.
- Commission
- Related: Procuring cause, Net listing
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.
- Net listing
- Related: Commission, Fiduciary duty
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.
- Earnest money deposit
- Related: Escrow, Contingency
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.
- Contingency
- Related: Earnest money deposit, Due diligence period
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.
- Due diligence period
- Related: Contingency, Earnest money deposit
A negotiated window after contract acceptance during which the buyer may inspect the property, review records, and cancel or renegotiate under stated terms.
- Escrow
- Related: Earnest money deposit, Settlement statement
A neutral third party's holding of funds or documents until stated conditions are met, protecting both sides during a transaction.
- Settlement statement
- Related: Escrow, Proration
A closing document itemizing all debits and credits to the buyer and seller, including price, loan charges, prorations, and fees.
- Proration
- Related: Settlement statement
The division of ongoing costs such as property taxes, rent, or association dues between buyer and seller based on the closing date.
- Loan-to-value ratio
- Related: Private mortgage insurance, Amortization
The loan amount divided by the property's appraised value or purchase price, used by lenders to gauge risk and set mortgage insurance requirements.
- Private mortgage insurance
- Related: Loan-to-value ratio, Amortization
Coverage that protects a lender against loss if a borrower defaults, typically required when the loan-to-value ratio exceeds a set threshold.
- Amortization
- Related: Loan-to-value ratio, Annual percentage rate
The gradual repayment of a loan through scheduled payments that cover interest first and increasingly reduce principal over the loan term.
- Annual percentage rate
- Related: Amortization, Loan-to-value ratio
A standardized measure of credit cost that combines the interest rate with certain fees and points, expressed as a yearly percentage for comparison.
- Fiduciary duty
- Related: Agency disclosure, Dual agency
The legal obligation of a broker to act in the client's best interest, including loyalty, confidentiality, disclosure, obedience, and accounting for funds.
- Dual agency
- Related: Fiduciary duty, Agency disclosure
A situation where one broker represents both buyer and seller in the same transaction, permitted only with informed written consent where law allows.
- Agency disclosure
- Related: Fiduciary duty, Dual agency
A required written notice explaining whom the broker represents and the duties owed, given to consumers before or at the start of representation.
- Steering
- Related: Blockbusting, Fair housing
Directing buyers toward or away from neighborhoods based on protected characteristics rather than their stated needs, a fair housing violation.
- Blockbusting
- Related: Steering, Fair housing
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.
- Fair housing
- Related: Steering, Blockbusting
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.
- Redlining
- Related: Fair housing, Steering
Refusing or limiting loans, insurance, or services in certain neighborhoods based on their demographics rather than economic risk, which is illegal.