Licensed Real Estate Agent Exam key terms
Licensed Real Estate Agent Exam · Get comfortable with the vocabulary.
- Estate in severalty
- Related: Tenancy in common, Joint tenancy
Sole ownership of real property by one person or one legal entity, with no other co-owners holding an interest in the title.
- Tenancy in common
- Related: Joint tenancy, Estate in severalty
Concurrent ownership in which each co-owner holds an undivided fractional share, may sell or devise that share, and has no right of survivorship.
- Joint tenancy
- Related: Tenancy in common, Right of survivorship
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.
- Right of survivorship
- Related: Joint tenancy, Tenancy by the entirety
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.
- Tenancy by the entirety
- Related: Right of survivorship, Community property
A form of co-ownership available only to married couples in some states, featuring survivorship and protection against one spouse's individual creditors.
- Easement appurtenant
- Related: Easement in gross, Encumbrance
A right to use a neighboring parcel that benefits the dominant parcel and burdens the servient parcel, passing automatically when either parcel is transferred.
- Easement in gross
- Related: Easement appurtenant, Encumbrance
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.
- Encumbrance
- Related: Easement appurtenant, Lien priority
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.
- Lien priority
- Related: Encumbrance, Settlement statement
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.
- Adverse possession
- Related: Easement appurtenant, Title insurance
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.
- Fiduciary duty
- Related: Agency relationship, Dual agency
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.
- Agency relationship
- Related: Fiduciary duty, Dual agency
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.
- Dual agency
- Related: Fiduciary duty, Designated 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.
- Designated agency
- Related: Dual agency, Agency relationship
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.
- Procuring cause
- Related: Exclusive right to sell listing, Fiduciary duty
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.
- Exclusive right to sell listing
- Related: Procuring cause, Net 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.
- Net listing
- Related: Exclusive right to sell listing, Fiduciary duty
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.
- Option contract
- Related: Contingency, Earnest money deposit
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.
- Contingency
- Related: Earnest money deposit, Option contract
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.
- Earnest money deposit
- Related: Contingency, Escrow
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.
- Escrow
- Related: Earnest money deposit, Settlement statement
A neutral third party's holding of funds and documents until all conditions are met, then disbursing them according to the parties' written instructions.
- Settlement statement
- Related: Escrow, Lien priority
A closing document itemizing debits and credits to buyer and seller, including loan charges, prorations, commissions, and payoff amounts, showing funds due at closing.
- Proration
- Related: Settlement statement, Escrow
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.
- Loan-to-value ratio
- Related: Private mortgage insurance, Amortization
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.
- Private mortgage insurance
- Related: Loan-to-value ratio, Amortization
Coverage protecting a lender against borrower default, usually required when the loan-to-value ratio exceeds 80 percent and cancelable under federal disclosure rules.
- Amortization
- Related: Loan-to-value ratio, Proration
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.
- Adjustable-rate mortgage
- Related: Loan-to-value ratio, Truth in Lending disclosure
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.
- Truth in Lending disclosure
- Related: Adjustable-rate mortgage, Loan-to-value ratio
A federally required statement showing the annual percentage rate, finance charge, amount financed, and total payments so borrowers can compare credit costs.
- Comparative market analysis
- Related: Sales comparison approach, Highest and best use
A licensee's analysis of recently sold, pending, and active comparable properties, adjusted for differences, to estimate a probable listing or sale price.
- Sales comparison approach
- Related: Comparative market analysis, Highest and best use
A valuation method that estimates value by adjusting prices of similar sold properties for differences in location, size, condition, features, and date of sale.
- Highest and best use
- Related: Sales comparison approach, Nonconforming 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.
- Zoning variance
- Related: Nonconforming use, Highest and best use
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.
- Nonconforming use
- Related: Zoning variance, Highest and best 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.
- Protected class
- Related: Steering, Reasonable accommodation
A group shielded from discrimination by fair housing law, including race, color, religion, sex, national origin, familial status, and disability under federal statutes.
- Steering
- Related: Protected class, Blockbusting
Directing prospective buyers or tenants toward or away from neighborhoods based on protected characteristics, a prohibited practice even when done without explicit statements.
- Blockbusting
- Related: Steering, Protected class
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.
- Reasonable accommodation
- Related: Protected class, Steering
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.
- Commingling
- Related: Escrow, Fiduciary duty
Mixing client or tenant funds with a licensee's personal or business funds, generally prohibited; related conversion is the actual misuse of trust funds.
- Errors and omissions insurance
- Related: Fiduciary duty, Commingling
Professional liability coverage protecting licensees and firms against claims of negligence or mistakes in real estate services, distinct from general business insurance.
- Security deposit
- Related: Commingling, Escrow
Tenant funds held to cover unpaid rent or damage beyond normal wear, subject to state limits on amount, separate account rules, and return deadlines.