Licensed Real Estate Agent Exam study materials
Licensed Real Estate Agent Exam study resources

Licensed Real Estate Agent Exam key terms

Licensed Real Estate Agent Exam · Get comfortable with the vocabulary.

Estate in severalty

Sole ownership of real property by one person or one legal entity, with no other co-owners holding an interest in the title.

Related: Tenancy in common, Joint tenancy
Tenancy in common

Concurrent ownership in which each co-owner holds an undivided fractional share, may sell or devise that share, and has no right of survivorship.

Related: Joint tenancy, Estate in severalty
Joint tenancy

Concurrent ownership with the four unities of time, title, interest, and possession, plus a right of survivorship that passes a deceased co-owner's share to the survivors.

Related: Tenancy in common, Right of survivorship
Right of survivorship

Feature of joint tenancy and tenancy by the entirety under which a deceased co-owner's interest automatically transfers to the remaining co-owners instead of passing through probate.

Related: Joint tenancy, Tenancy by the entirety
Tenancy by the entirety

A form of co-ownership available only to married couples in some states, featuring survivorship and protection against one spouse's individual creditors.

Related: Right of survivorship, Community property
Easement appurtenant

A right to use a neighboring parcel that benefits the dominant parcel and burdens the servient parcel, passing automatically when either parcel is transferred.

Related: Easement in gross, Encumbrance
Easement in gross

A personal right to use another's land that benefits a specific holder rather than a parcel, such as a utility easement, and is generally not transferable with land.

Related: Easement appurtenant, Encumbrance
Encumbrance

Any claim, lien, easement, restriction, or other burden on title that may diminish value or limit use but does not necessarily prevent transfer of ownership.

Related: Easement appurtenant, Lien priority
Lien priority

The ranking that determines which lienholder gets paid first from sale proceeds, usually by recording date, with property tax liens and certain others often taking statutory precedence.

Related: Encumbrance, Settlement statement
Adverse possession

A doctrine letting a person gain title to land by open, notorious, hostile, continuous, and exclusive possession for the statutory period, sometimes with payment of taxes.

Related: Easement appurtenant, Title insurance
Fiduciary duty

The legal obligation of an agent to act in the principal's best interest, encompassing loyalty, obedience, disclosure, confidentiality, accounting, and reasonable care and skill.

Related: Agency relationship, Dual agency
Agency relationship

A consensual arrangement in which a principal authorizes an agent to act on the principal's behalf, creating fiduciary duties and potential liability for the agent's acts.

Related: Fiduciary duty, Dual agency
Dual agency

Representation of both buyer and seller, or both landlord and tenant, in the same transaction, permitted only with informed written consent where state law allows it.

Related: Fiduciary duty, Designated agency
Designated agency

A brokerage practice in which different licensees within one firm are assigned to represent opposing parties, with confidential information shielded between them under state rules.

Related: Dual agency, Agency relationship
Procuring cause

The uninterrupted series of efforts that leads to a completed transaction, used to decide which broker is entitled to a commission when more than one is involved.

Related: Exclusive right to sell listing, Fiduciary duty
Exclusive right to sell listing

A listing agreement entitling the broker to a commission regardless of who procures the buyer, including when the owner sells the property personally during the listing term.

Related: Procuring cause, Net listing
Net listing

A listing arrangement where the broker's compensation is any amount received above a seller-specified minimum price; many states prohibit or tightly restrict it as a conflict of interest.

Related: Exclusive right to sell listing, Fiduciary duty
Option contract

An agreement in which a seller grants a buyer the exclusive right to purchase property at set terms within a stated period in exchange for consideration.

Related: Contingency, Earnest money deposit
Contingency

A contract condition that must be satisfied, such as financing, inspection, or appraisal, before the transaction proceeds; failure may allow cancellation and return of the deposit.

Related: Earnest money deposit, Option contract
Earnest money deposit

Funds a buyer delivers on signing to show good faith, typically held in trust and applied to the purchase price or forfeited under stated default terms.

Related: Contingency, Escrow
Escrow

A neutral third party's holding of funds and documents until all conditions are met, then disbursing them according to the parties' written instructions.

Related: Earnest money deposit, Settlement statement
Settlement statement

A closing document itemizing debits and credits to buyer and seller, including loan charges, prorations, commissions, and payoff amounts, showing funds due at closing.

Related: Escrow, Lien priority
Proration

The division of an expense or income item, such as taxes, rent, or interest, between buyer and seller based on the number of days each owns the property in the period.

Related: Settlement statement, Escrow
Loan-to-value ratio

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

Related: Private mortgage insurance, Amortization
Private mortgage insurance

Coverage protecting a lender against borrower default, usually required when the loan-to-value ratio exceeds 80 percent and cancelable under federal disclosure rules.

Related: Loan-to-value ratio, Amortization
Amortization

The scheduled repayment of a loan through periodic payments that cover interest first and then principal, with the principal portion growing over the loan term.

Related: Loan-to-value ratio, Proration
Adjustable-rate mortgage

A loan whose interest rate changes on a set schedule based on an index plus a margin, subject to periodic and lifetime caps and required consumer disclosures.

Related: Loan-to-value ratio, Truth in Lending disclosure
Truth in Lending disclosure

A federally required statement showing the annual percentage rate, finance charge, amount financed, and total payments so borrowers can compare credit costs.

Related: Adjustable-rate mortgage, Loan-to-value ratio
Comparative market analysis

A licensee's analysis of recently sold, pending, and active comparable properties, adjusted for differences, to estimate a probable listing or sale price.

Related: Sales comparison approach, Highest and best use
Sales comparison approach

A valuation method that estimates value by adjusting prices of similar sold properties for differences in location, size, condition, features, and date of sale.

Related: Comparative market analysis, Highest and best use
Highest and best use

The legally permissible, physically possible, financially feasible use that produces the greatest value to the land, a standard assumption in appraisals and site analysis.

Related: Sales comparison approach, Nonconforming use
Zoning variance

An administrative exception allowing an owner to depart from a zoning rule because of unique hardship of the parcel, granted without changing the underlying zoning district.

Related: Nonconforming use, Highest and best use
Nonconforming use

A use that lawfully existed before a zoning ordinance took effect and may continue despite no longer matching current district rules, often with limits on expansion.

Related: Zoning variance, Highest and best use
Protected class

A group shielded from discrimination by fair housing law, including race, color, religion, sex, national origin, familial status, and disability under federal statutes.

Related: Steering, Reasonable accommodation
Steering

Directing prospective buyers or tenants toward or away from neighborhoods based on protected characteristics, a prohibited practice even when done without explicit statements.

Related: Protected class, Blockbusting
Blockbusting

Inducing owners to sell by suggesting that members of a protected class are moving into the area and will lower property values, an illegal and unethical practice.

Related: Steering, Protected class
Reasonable accommodation

A change in rules, policies, practices, or services, or permission for a physical modification, needed so a person with a disability can use and enjoy housing.

Related: Protected class, Steering
Commingling

Mixing client or tenant funds with a licensee's personal or business funds, generally prohibited; related conversion is the actual misuse of trust funds.

Related: Escrow, Fiduciary duty
Errors and omissions insurance

Professional liability coverage protecting licensees and firms against claims of negligence or mistakes in real estate services, distinct from general business insurance.

Related: Fiduciary duty, Commingling
Security deposit

Tenant funds held to cover unpaid rent or damage beyond normal wear, subject to state limits on amount, separate account rules, and return deadlines.

Related: Commingling, Escrow