Real
Estate Glossary
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SALE
AGREEMENT:
Also known as "Agreement
of Purchase and Sale"
or "Purchase Agreement:.
The contract that
sets out the terms
and conditions agreed
to by the purchaser
and the vendor in
the sale of land.
SALE AND LEASEBACK
(SALE-LEASEBACK):
Where the vendor sells
the property to the
purchaser, then leases
it back immediately
for a long term.
SALE OF PERSONAL
RESIDENCE BY ELDERLY:
An income tax forgiveness
program on capital
gains realized by
the elderly on the
sale of their homes.
SALE PRICE:
Also known as "purchase
price", the amount
of money paid by the
purchaser to the vendor
for the property under
the agreement.
SALES ASSOCIATE:
A real estate professional
in the employ of another
such real estate professional.
SALES COMPARISON
APPROACH:
Method of estimating
value of a property
by comparing similar
properties that have
been sold recently.
SALES CONTRACT:
See "sale
agreement".
SANDWICH LEASE:
A slang term for a
sublease, where the
tenant is sandwiched
between the owner
and the subtenant,
acting both as lessor
and lessee at the
same time.
SATELLITE TENANT:
A smaller shop in
a mall.
SATISFACTION
OF MORTGAGE:
Written evidence from
the lender that a
loan has been paid
out in full and the
borrower released
from any obligation
to the lender.
SAVINGS AND LOAN
ASSOCIATION (S&L):
Another form of mortgage
lender.
SAVINGS ASSOCIATION
INSURANCE FUND (SAIF):
The Federal Deposit
Insurance Corporation
(FDIC) insurance fund
for deposits in savings
and loan associations.
SCARCITY:
The idea that price
is driven by availability
of the product. If
there is not enough
product to meet demand
(the product is scarce),
the price of the product
will rise.
SCENIC EASEMENT:
A right to the use
of land which is given
for the purpose of
ensuring that the
land is never developed
and the natural beauty
of the area is, as
a result, preserved.
SCHEDULE:
A document attached
to an instrument for
registration or to
a contract or agreement,
which may contain
information required
in the instrument
or extra terms of
the contract.
SCHEDULED MORTGAGE
PAYMENT:
The periodic payment
the borrower is obliged
to pay on a loan.
SEARCH:
An investigation,
a review of public
records for problems,
concerns or simply
for information. See
"title
search".
SEASONED MORTGAGE:
An old loan under
which the borrower
has proven herself
capable of meeting
loan obligations.
SECOND:
One sixtieth of a
minute which is one
sixtieth of a degree
which is one 360th
of a circle. Used
in metes and bounds
descriptions when
astronomic bearings
are used to describe
directions.
SECOND MORTGAGE:
A mortgage loan which
is registered on title
after another mortgage
(the first mortgage)
and, therefore, is
behind the first mortgage
in priority. In the
event of default and
sale of the property,
the second mortgagee
will only be paid
if there are funds
left after the payment
of the first mortgagee.
SECONDARY
FINANCING:
Another term for a
second mortgage; a
loan which stands
behind the principal
loan.
SECONDARY MARKET:
The purchase and sale
of mortgages among
lenders.
SECTION:
A square mile in the
Government Survey
Method, contains 640
acres.
SECURITY:
An asset held as a
guarantee of payment
of a loan.
SECURITY DEPOSIT:
Money held by the
landlord to ensure
the tenant meets his
obligations under
the lease.
SECURITY INTEREST:
Legal term for the
claim the lender has
against the borrower's
property which has
been pledged under
a loan.
SEE-THROUGH BUILDING:
Slang term for a property
which is mostly empty
of tenants.
SELF-AMORTIZING
MORTGAGE LOAN:
A loan which will
be paid off by the
end of its term, such
that its term equals
its amortization
period.
SELLER FINANCING:
Also known as "vendor
take-back mortgage"
or "mortgage
back", where the
seller of a property
agrees to payment
of part of the purchase
price over time with
the debt to the seller
registered on title
as a mortgage.
SELLER'S MARKET:
Demand is greater
than supply, such
that the vendor may
demand a higher price.
SELLER-TAKE-BACK:
See "seller financing".
SELLING
AGENT:
The real estate professional
who brings the eventual
purchaser to the property
and the vendor. As
opposed to "listing
agent".
SEMIANNUAL:
Occurring twice per
year.
SEMIDETACHED
HOUSING:
A dwelling that shares
one side wall with
another dwelling.
SEPARATE PROPERTY:
Property owned by
one spouse solely,
rather than jointly
with the other spouse.
SEPTIC SYSTEM:
A manner of dealing
with sewage of a dwelling,
through pipes into
a septic tank.
SERIOUS DELINQUENCY:
The condition of being
far behind in mortgage
payments such that
mortgage enforcement
by the lender is imminent.
SERVICING (THE
LOAN):
The act of collecting
periodic payments
toward a debt.
SERVICING FEE:
The fee charged to
the borrower for the
lender's costs of
collecting payments
and administering
a loan.
SERVIENT ESTATE:
The piece of land
which is subject to
an easement. As opposed
to the "dominant estate".
SERVIENT TENEMENT:
The piece of land
which is subject to
an easement. As opposed
to the "dominant tenement".
SET BACK ORDINANCE/BYLAW:
A municipal government
rule that establishes
the minimum distance
a building or other
improvement must stand
from property lines.
SETTLEMENT BOOK:
An information pamphlet
given by lender to
borrower which explains
the process of the
loan, settlement of
the loan, etc.
SETTLEMENT COSTS:
See "closing
costs".
SETTLEMENT SHEET:
The information sheet
which sets out the
allocation of funds
on closing.
SEVER:
To divide one piece
of property from another
to be sold or used
separately.
SEVERALTY:
Ownership of land
by an individual.
SEVERANCE:
The word for the act
of dividing one property
from another or splitting
a property into pieces.
SHARED APPRECIATION
MORTGAGE (SAM):
A loan arrangement
which allows the lender
to share, in exchange
for a reduced interest
rate, in any gain
in the value of the
property against which
the mortgage is secured.
SHELL LEASE:
A rental agreement
wherein the tenant
rents the incomplete
building and agrees
to complete the interior
work, such as plumbing,
wiring, interior walls,
floors, etc.
SHERIFF:
Enforcement officer
in a jurisdiction,
person charged with
the responsibility
of enforcing writs
and liens against
people.
SHERIFF'S DEED:
The instrument of
conveyance for property
sold to satisfy a
court judgment.
SHERIFF'S SALE:
The forced sale of
a property to satisfy
a debt or judgment.
SIGN BACK:
The act of countering
an offer with a return
offer. The original
offer document is
amended, initialled
by the person amending
it, and sent back
to the original offeror
as a new, counter
offer.
SIGNED SEALED
AND DELIVERED:
A legal phrase suggesting
that the party executing
a document intends
it to be enforceable
even if no consideration
is given to her for
signing.
SIMPLE INTEREST:
A charge for the use
of money which is
calculated on a periodic
basis as a percentage
of the principal borrowed.
No further interest
is charged on interest
accumulated in earlier
periods.
SINGLE AGENCY:
The representation
of only one party
to a transaction.
SINGLE-FAMILY
RESIDENCE (UNIT):
A property designed
for the use and occupancy
of one family group.
SITE:
The location of something.
SOFT MARKET:
Also known as "buyers'
market", when vendors
far outnumber buyers
and prices fall.
SPEC HOUSE:
A new dwelling which
is being built or
has been completed
by a builder before
a purchaser has been
found to buy it.
SPECIAL ASSESSMENT:
The levying of an
additional tax on
a property for a specific
purpose (i.e. to apportion
the cost of infrastructure
upgrades among area
land owners).
SPECIAL USE PERMIT:
A temporary exemption
from zoning use by-laws
or ordinances.
SPECIAL WARRANTY
DEED:
An instrument of conveyance
in which the vendor
warrants she has done
nothing to cloud title
but nothing further.
SPECIAL-PURPOSE
PROPERTY:
A piece of land specifically
designed and improved
for a specific purpose
-- a school or hospital.
SPECIFIC PERFORMANCE:
A remedy for breach
of contract, where
the breaching party
is ordered to complete
the contract according
to its terms.
SPECULATIVE BUILDER:
A developer who constructs
housing without pre-selling.
SPECULATOR:
Someone who buys property
on the expectation
that its value will
increase and it will
be sold at a profit.
SPILLOVER EFFECT:
The impact of changes
to or development
of one parcel of land
on a neighboring or
nearby parcel.
SPOT ZONING:
The practice of applying
zoning ordinances
or bylaws to specific
properties when neighboring
lands may be under
a different classification.
SPREADING AGREEMENT:
A contract in which
the borrower gives
the lender additional
security for a loan
by allowing it to
be lodged against
other property owned
by the borrower.
SQUARE-FOOT METHOD:
Method of estimating
cost of construction
on the basis of the
area of the building
to be built.
SQUATTER'S RIGHTS:
The legal rights to
occupy a property
which accrue to a
person as a result
of their long-time,
open, notorious and
adverse
possession of
it.
STAKING:
A surveyor's method
of marking the boundaries
of a property by placing
a physical entity
(a stake or bar) in
the ground.
STAMP TAX:
The charge levied
by governments on
the transfer of property.
STANDARD MORTGAGE:
A mortgage which has
equal periodic payments
and is paid out at
the end of its term.
STANDARDS OF
PRACTICE:
A professional code
of behavior for real
estate professionals
promulgated by the
National Association
of Realtors.
STARTER HOME:
A small home, inexpensive,
suitable to first-time
home buyers.
STATE STAMPS:
State levied land
transfer taxes.
STATEMENT OF
RECORD:
A filing required
by the Department
of Housing and Urban
Development (HUD)
from a developer with
a project involving
50 or more lots who
plans to market it
across several states.
STATUTE OF LIMITATIONS:
The period of time
after the originating
incident in which
an injured party may
start a legal claim
against the party
who caused the injury.
STATUTORY LIEN:
A claim which may
be registered against
property and is created
by a law.
STRAW MAN:
A slang term for a
trustee who purchases
property on behalf
of another who wishes
to remain anonymous.
STREET ADDRESS:
See "municipal
address".
SUBDIVISION:
1. The creation of
a number of smaller
lots out of one or
more large lots for
the purposes of developing
each smaller lot and
selling them.
2. A newly created
urban development.
SUBDIVISION REGULATION(S):
Rules set out by the
local government that
set out minimum requirements
for approval of a
new subdivision.
SUBJECT BUILDING:
A term used to identify
the building being
dealt with, examined
or considered, as
distinguished from
other buildings.
SUBJECT PROPERTY:
A term used to identify
the property being
dealt with, examined
or considered, as
distinguished from
other properties.
SUBJECT TO:
An indication that
title to a property
includes an obligation
of some sort, an easement,
right of way, lien,
right of claim. Opposite
of "together with".
SUBJECT TO MORTGAGE:
A term of an agreement
which states that
the purchaser will
assume an existing
mortgage registered
on title to the property.
SUBLEASE:
A rental contract
between a tenant and
someone who rents
from the tenant.
SUBLESSEE:
A tenant's tenant.
SUBLESSOR:
A tenant who leases
the premises to another
person.
SUBMARGINAL LAND:
Real property that
could not be developed
in a financially useful
way.
SUBMORTGAGE:
Where a mortgage is
pledged as security
for a loan to the
mortgagee (the original
lender).
SUBORDINATE FINANCING:
See "secondary
financing".
SUBORDINATION:
Placing the right
of one person behind
those of another.
SUBORDINATION
CLAUSE:
An agreement by the
lender which allows
the current mortgage
to be "postponed"
or placed behind a
later mortgage in
priority.
SUBSTITUTE OF
TRUSTEE:
An instrument registering
a change of trustee
under a deed of trust.
SUCCESSION:
The conveyance of
property to the heirs
of a deceased person
under the laws governing
intestate distribution
of assets.
SUFFERANCE:
A legal concept, the
deemed consent to
the actions of another
person which results
when a person who
could be expected
to react to the other
person's actions refuses
to do so.
SUIT:
A legal action commenced
to enforce a claim
or right.
SUPERADEQUACY:
A feature of a property
which may not be recognized
fully in the price
of the property.
SUPPORT DEED:
An instrument conveying
ownership of land
in exchange for a
promise on the part
of the grantee to
care for the grantor
for his lifetime.
SURETY BOND:
A legal document issued
to assure the completion
of an act by another
person.
SURFACE RIGHT:
A legal interest in
the use or occupation
of the top of land.
As opposed to "subsurface"
or "mineral rights".
SURPLUS FUNDS:
Money gained in a
mortgage enforcement
sale of property which
is in excess of the
money required to
satisfy the mortgage,
interest, penalties,
and costs.
SURRENDER:
To give up, to turn
over something to
a person claiming
interest in it.
SURVEY:
A pictorial depiction
of land and the improvements
on it. Shows boundary
lines (with measurements
and bearings), buildings,
sheds, easements,
etc.
SURVEYOR:
A professional who
is trained to map
out land and improvements
to land accurately.
SURVIVORSHIP:
The condition of outliving
others. Surviving
joint tenants have
the right to take
title to the land
from a deceased joint
tenant by right of
survivorship.
SWEAT EQUITY:
Slang term for the
contribution to the
value of a property
made by manual labor.
SWEETENER:
Slang term for an
added incentive to
a party to induce
her to enter a transaction.
SWING
LOAN:
A short-term
loan designed to bridge
the borrower's finances
between two events.
For example, a person
who buys a new home
in April but cannot
sell her old home
until June may require
a swing loan to carry
both homes for the
interim period until
the old home may be
sold and the proceeds
used to pay out the
swing loan. Also known
as "bridge financing".