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Real Estate Legal Terms and Definitions
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1 A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

 

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Safety Clause
A safety clause stated in a listing contract. It provides that a broker is still entitled to a commission for a set period of time after the listing has expired if the property is sold to a prospect, who was introduced to the property by the broker, during the period of the listing.

Sale-Leaseback-Buyback
A sale and leaseback transaction in which the lessee has the option to buy back his or her original property after a specified period of time.

Sales Contract
A real estate sales contract by which a buyer and a seller agree to the terms to the sale of real property. Depending on the area, this agreement may be known as an offer to purchase, a contract of purchase and sale, or a purchase agreement.

Sandwich Lease
Another term used is "sublease." This is when a tenant has a current lease with the owner of a property and then "sublets" the property to a third party. The tenant is then sandwiched between the original lessee and the second sub-lessee.

Satisfaction of Mortgage
When all mortgage loan payments have been made and the note has been paid in full, a satisfaction of mortgage also known as a release of mortgage or mortgage discharge.

Savings and Loan Association (S&L)
A financial institution whose principal function is to promote home ownership. They specialize in making residential mortgages.

Second Mortgage
A mortgage loan made to secure a loan to make home improvements or other related purpose.

Secret Profit
Term referring to a broker making an undisclosed profit at the seller's expense. For example, when a broker has a "friend" buy a listed property for a low amount and then resell it to a buyer whose earlier offer was never presented to the seller.

Section 1031 Exchange
Same as Tax-free exchange and Tax-deferred exchange—allows an owner to trade one like property for another under very specific guidelines and defer paying income tax.

Section 202
Government program that provides capital for the construction, rehabilitation or acquisition of nonprofit housing for low income elderly.

Section 8
Federally subsidized housing administered by HUD where the tenant pays up to thirty percent of his or her adjusted monthly income and HUD pays the difference between that amount and the market rent. Property owners are not required to participate.

Security
Anything pledged of value to make certain that an obligation or the payment of a debt is fulfilled
.

Security Agreement
A contract between a secured party creditor and a debtor granting a security interest to a lender in specified personal property pledged as collateral to secure a loan.

Security Deposit
An amount you may be required to pay, usually at the beginning of the lease, that may be used by the lessor or assignee in the event of default or at the end of the lease to offset any amounts you owe under the lease agreement. Any remaining amount may be refunded to you.

Seller Financing
A financing arrangement whereby the owner acts as the lender for the buyer until he or she can qualify and obtain financing from a lender.

Seller's Agent
An agent who represents the seller of real property.

Seller's Market
A seller's market exists when the number of qualified buyers seeking homes exceeds the number of homes available. Home prices tend to be higher in this instance.

Selling Agent
An agent who actually gets a buyer into contract for a property. Do not confuse a selling agent with the seller's agent who is normally the listing agent.

Separate Property
The property owned by a husband or wife in his or her own right outside of the community interest including property acquired by the spouse before the marriage, acquired by gift or inheritance after the marriage or purchased with separate funds after the marriage.

Septic System
An underground receptacle system for collecting, treating and eliminating waste from a home waste drainage system.

Setback
The distance local zoning regulations require between a lot line and a building line.

Severalty
The sole ownership of real property by one party or person.

Shingles
Roofing material characterized by short, rectangular sections, nailed to the roof decking in an overlapping pattern. Asphalt shingles are the most common type of shingles.

Sick Building Syndrome (SBS)
Term used to describe situations in which building occupants experience discomforting health conditions that appear to be linked to time spent in a building, but no specific illness or cause can be identified.

Simple Interest
Interest computed only on the principal amount of the loan, disregarding previously accumulated (unpaid) interest.

Slab
A flat piece of concrete, typically used as a walking surface, but may also serve as a load bearing device as in slab homes.

Slander of Title
The false and malicious oral or written statements disparaging an owner's property title, which can result in actual financial damage to the owner.

Sleeping Porch
A porch or room having open sides or many windows arranged to permit sleeping in the open air. They first gained popularity at the turn of the 20th century when people believed that fresh air helped sufferers of tuberculosis, a respiratory system illness that was the leading cause of death during that time. Before air conditioning families created sleeping areas on outdoor porches where children could sleep during the warmer months. Porches were often included in the front and back of a home, specifically on corners so as to have access to breezes from different directions. Modern day sleeping porches are often found on the upper levels of a home to ensure privacy and security.

Sole Proprietorship
A method of owning a business in which one person owns the entire business and reports all profits and losses directly on his or her personal income tax return, as contrasted with corporate, joint or partnership ownership.

Solid Core Door
A door where the inner material is made of solid wood. This type door is usually used for exteriors doors to the outside or garage.

Special Agent
An agent authorized by a principal to perform a particular act or transaction without contemplation of continuity of service as with a general agent. The real estate broker is a special agent appointed by the seller to find a ready, willing and able buyer for a particular property. An attorney-in-fact under a limited power of attorney is also a special agent.

Special Assessment
A tax or levy customarily imposed against only those specific parcels of realty that will benefit from a proposed public improvement, as opposed to a general tax on the entire community. Because the proposed improvement will enhance the value of the affected homes, only those affected owners must pay this special lien. Common examples of special assessments are water, sidewalk and sewer assessments, or other special improvements such as parks and recreational facilities.

Special-purpose Property
Resorts, hotels, nursing homes, theaters, schools, churches and other organizations whose specialized needs dictate the design and operation of a property.

Special Warranty Deed
A deed in which the grantor warrants or guarantees the title only against defects arising during the period of his or her tenure and ownership of the property and not against defects existing before that time.

Splash Block
Usually a small, specially designed portable concrete pad. Splash blocks may be angled to direct water from a rain gutter down drains or placed under outside hose faucets to redirect water away from the house.

Statute of Limitations
A law pertaining to the period of time within which certain actions must be brought to court. The law is intended to protect the vigilant against stale claims by requiring the prompt assertion of claims; thus a complaint or action must be brought within a specified time of the occurrence of the cause of action. After the time period expires, the claim may not be enforced in court. The theory behind the statute of limitations is that there must be some end to the possibility of litigation.

Statutory Law
The laws, rules and regulations enacted by legislatures and other governing bodies.

Steering
The illegal practice of channeling homebuyers interested in equivalent properties to particular areas, either to maintain the homogeneity of an area or to change the character of an area, which limits their home choices.

Stigmatized Property
A classification of specific property that has acquired an undesirable reputation due to an event that occurred on or near it, such as violent crime, gang-related activity, illness or personal tragedy. Most states have very strict rules regarding what can and cannot be disclosed about stigmatized property.

Strict Foreclosure
The action taken by a court upon determining that the proper papers have been filed, the mortgagor has not paid that which is past due and sufficient time has elapsed. If the payment is not made, the borrower's equitable and statutory redemption rights are waived and the court awards full legal title to the lender. There is no deficiency judgment in strict foreclosure cases.

Subdivision
Any land regulated by state law that is divided or is proposed to be divided for the purpose of disposition into two or more lots, parcels, units or interests.

Sublease
A rental agreement or lease between a tenant and a new tenant (called a sub-lessee) who will either share the rental or take over from the first tenant. The sub-lessee pays rent directly to the tenant. The tenant is still completely responsible to the landlord for the rent and for any damage, including that caused by the sub-lessee. Most landlords prohibit subleases unless they have given prior written consent.

Sublet
An agreement between a new tenant and a current tenant who is moving out, either permanently or for a period and expecting to return to their apartment. The current tenant whose name is on the rental agreement or lease would be vacating the property and the sublettor would be moving in and assuming responsibility for rental costs, utility costs and all other costs associated with the sublet agreement.

Subprime Lenders
Lenders who specialize in B, C, or D category paper. The loan is offered at a rate above prime to individuals who do not qualify for prime rate loans. The additional interest may seem small but adds up to thousands over several years.

Surrender
The process of voluntary cancellation of a lease by the mutual consent of lessor and lessee, and release from future obligations under the lease.

Survey
1. The method by which boundaries are measured and land areas are determined and the on-site measurement of lot lines, dimensions and position of a house on a lot, including the determination of any existing encroachments or easements. 2. The map prepared by an engineer or surveyor charting a particular piece of real estate.

Survivorship
The right of surviving joint tenants to the ownership interest of another joint tenant upon the latter's death.

1 A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

The definitions of Real Estate Definitions found on 10Realty.com are for general information only. All information is subject to change and should be independently verified. 10Realty.com makes no representations or warranties of any nature with regard to the information found on the pages therein. 10Realty.com assumes no responsibility for any liabilities or losses claimed or incurred as a result of using this information. (Real Estate Terms, Investment Terms, Banking Terms explained, definitions, legal definitions, legal terms and definitions)

 

 

 

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