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REAL ESTATE
DICTIONARY
compiled by

What’s Inside
 Over 300 terms, jargons and expressions
used in the real estate industry
 Images and illustrations

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WHAT’S INSIDE?
We got the A-Z of real estate terms and jargons
covered, from abstract of title to zoning, you’ll
certainly spot them here.

Simply click on the bookmarks above each page


to quickly jump to the set of words starting with the
letter you want to navigate.

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WHY DID WE CREATE THIS DICTIONARY?
Real estate words and terms can be very
overwhelming especially for newcomers and even
for seasoned real estate professionals. A lot of real
estate books and articles are good source
materials but these require safekeeping of an
extensive and expensive library.

More than just a dictionary, it is a handy real estate


reference book - a comprehensive, single volume,
instant answer book concerning real estate terms
and its definitions.

Hoppler created this eBook to aid the general


understanding of real estate language and serve
as a resource tool for anyone connected with this
industry. Hoppler wants to support and assist the
people who fuel it forward to greater heights.

We hope you find this e-book useful.

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WHO SHOULD USE THIS EBOOK?
This eBook is a great, fast-reference guide for home
buyers, sellers, real estate professionals, investors,
attorneys and students.

If you want to learn more about the real estate


industry, you will love this A-to-Z guide packed with
more than 300 real estate terms easily defined.

LIMITATIONS

Hoppler took thorough research to provide


accurate explanations and definitions for the real
estate terms and jargons in this eBook. However,
the definitions are for general purposes only and
should not be used for legal purposes. We disclaim
any responsibility for any liability, loss or risk that may
be claimed or incurred as a consequence of using
this information.

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REAL ESTATE
DICTIONARY

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A B C D E F G H I J K L MN O P R S T V W Z

ABSTRACT OF TITLE
A summary of or digest of the conveyances,
transfer and any other facts relied on as
evidence of title together with any other
elements of record which may impair the title.

ACCELERATION CLAUSE A ADMIN


clause in a trust deed or mortgage giving the
lender the right to call all sums owing him to
be immediately due and payable upon the happening of a certain
event.

ACCEPTANCE
When the seller or agent’s principal agrees to the terms of the agreement
of sales approves the negotiations on the part of the agent and
acknowledges receipts of the deposit in subscribing to the agreement of
sales that act is termed an acceptance.

ACCRETION
An addition to land from natural causes as for example from gradual
action of the ocean or river waters.

ACKNOWLEDGMENT
A formal declaration before a duly authorized officer by a person who
has executed an instrument that such execution is his act and deed.

ACQUISITION
The act or process by which a person procures prosperity.

ADMINISTRATOR
A person appointed by the private court to administer the estate of a
person deceased.

AD VALOREM
According to valuation.

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A B C D E F G H I J K L MN O P R S T V W Z

ADVERSE POSSESSION
The open and notorious possession and
occupancy under an evident claim or right,
in denial or opposition to the title of another
claimant.

AFFIDAVIT
A statement or declaration reduced to
writing sworn to or affirmed before some
AGENT
officer who has authority to administer
an oath or affirmation.

AFFIRM
To confirm, to aver, to ratify, to verify.

AGENT
One who represents another from whom he has derived authority. An
employee of the principal.

AGREEMENT OF SALE
A written agreement or contract between seller and purchaser on which
they reach a meeting of minds on the terms and conditions of the sale.

AIR RIGHT
The right of the property owner to use, control or occupy the air space
over his property subject to the requirements of aerial navigations and
government regulations.

ALIENATION
The transferring of property to another; the transfer of property and
possession of lands, or other things, from one person to another.

ALLUVION
Soil deposited by accretion. An increase of earth on a shore or bank of a
river.

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A B C D E F G H I J K L MN O P R S T V W Z

AMENITY
A feature of real property that enhances
its attractiveness and increases the
occupant's or user's satisfaction although
the feature is not essential to the property's
use. Natural amenities include a pleasant or
desirable location near water, scenic views
of the surrounding area, etc. Human-made AMENITY
amenities include swimming pools, tennis courts,
community buildings, and other recreational facilities.

AMORTIZATION
The liquidating of a financial obligation on installment basis, also recovery
over a period of cost or value.

ANNUAL PERCENTAGE RATE (APR)


The cost of a mortgage stated as a yearly rate; includes such items as
interest, mortgage insurance, and loan origination fee (points).

ANNUITY
An amount paid yearly or at other regular intervals.

APPRAISAL
As estimate and opinion of value; a conclusion resulting from the analysis
of facts.

APPRAISER
A person qualified by education, training, and experience to estimate
the value of real property.

APPRECIATION
An increase in the value of a property due to changes in market
conditions or other causes. The opposite of depreciation.

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A B C D E F G H I J K L MN O P R S T V W Z

ASSIGNOR
APPURTENANCE
Something annexed to another thing which
may be transferred incident to it.

ASKING PRICE
The price at which an item is offered
for sale or rent.

ASSESSED VALUATION
A valuation of property for the purpose of public officer or board as a
basis for taxation.

ASSESSED VALUE
Value placed on property as a basis for taxation.

ASSESSMENT
The valuation of property for the purpose of levying a tax or the amount
of the tax levied.

ASSESSOR
The official who has the responsibility
of determining assessed values.

ASSET
Anything of monetary value that is owned by a person. Assets include
real property, personal property, and enforceable claims against others
including bank accounts, stocks, mutual funds, and so on).

ASSIGNMENT
A transfer to another of the whole of any property real or personal in
possession or in action, or of any estate or right there in.

ASSIGNOR
One who assigns or transfer property.

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A B C D E F G H I J K L MN O P R S T V W Z

ASSIGNS ASSIGNEES
Those to whom property shall
have been transferred.

ASSUMPTION OF MORTGAGE
The taking of title to property by a grantee
wherein he assumes liability for payment an
existing note secured by a mortgage or deed
of trust against the property; becoming a
co-guarantor for the payment of a mortgage or deed of trust note.

ATTACHMENT
Seizure of property by court order usually done to have it available in the
event a judgment is obtained in a pending suit.

ATTORNEY-IN-FACT
One who is authorized to perform certain acts for another under a power
of attorney; the power of attorney may be limited to a specific act or
acts or it may be general.

AUTOMATIC REDEMPTION CLAUSE


A stipulation in a mortgage of several properties providing that when a
buyer of one or more lots pays in full the purchase price a portion of the
payment shall be applied to the mortgage obligation and the
mortgagee shall correspondingly release said lot or lots from the
mortgage.

AVULSION
The sudden tearing away or removal of land by action of water flowing
over or through it.

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A B C D E F G H I J K L MN O P R S T V W Z

BACKFILL
The replacement of excavated earth
in a hole or against a structure.

BALANCE SHEET
A financial statement that shows assets,
liabilities, and net worth as of a specific date. BANKRUPT

BALLOON PAYMENT
Where the final installment payment on a
note is greater than the preceding installment payments and it pays the
note in full such a final installment is termed a balloon payment.

BANKRUPT
A person, firm, or corporation that, through a court proceeding is relieved
from the payment of all debts after the surrender of all assets to a court
appointed trustee.

BANKRUPTCY
A proceeding in a federal court in which a debtor who owes more than
his or her assets can relieve the debts by transferring his or her assets to a
trustee.

BARE SHELLA
commercial or residential building with an unfinished interior and lacking
heating, ventilating, and air conditioning (HVAC), and usually without
lighting, plumbing, ceilings, elevators, or interior walls.

BASE AND MERIDIAN


Imaginary lines used by surveyors to find and describe the location or
private or public land.

BENCH MARKS
A location indicated on a durable marker by surveyors.

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A B C D E F G H I J K L MN O P R S T V W Z

BENEFICIARY
One entitled to the benefit of a trust:
One who receives profit from an estate,
the title of which is vested in a trustee:
The lender on the security of a note
and deed of trust.

BEQUEATH
To give or hand down by a will; to leave by a will. BINDER
BEQUEST
That which is given by the terms of a will.

BETTERMENT
An improvement that increases property value as distinguished from
repairs or replacements that simply maintain value.

BINDER
A preliminary agreement, secured by the payment of an earnest money
deposit, under which a buyer offers to purchase real estate.

BLANKET INSURANCE POLICY


A single policy that covers more than one piece of property (or more
than one person).

BLANKET MORTGAGE
A single mortgage which covers more than one piece of real estate.

BLIGHTED AREA
A declining area in which real property values are seriously affected by
destructive economic forces such as encroaching inharmonious property
usages, infiltration of lower social and economic classes of inhabitants
and/or rapidly depreciating buildings.

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A B C D E F G H I J K L MN O P R S T V W Z
BROKER
BONA FIDE
In good faith, without fraud.

BOND
An interest-bearing certificate of debt
with a maturity date. An obligation of a
government or business corporation.
A real estate bond is a written obligation
usually secured by a mortgage or a deed of trust. BUDGET
BREACH
The breaking of a law or failure of duty either by omission or commission.

BUDGET
A detailed plan of income and expenses expected over certain period
of time. A budget can provide guidelines for managing future
investments and expenses.

BUILDING CODE
Local regulations that control design, construction, and materials used in
construction. Building codes are based on safety and health standards.

BUILDING LINE
A line set by law as a certain distance from a street line in front of which
an owner cannot build on his lot. (A setback line)

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A B C D E F G H I J K L MN O P R S T V W Z

CAPACITY
Lenders will want to know if you can
repay the mortgage debt you incur
this is known as your capacity. Lenders
will base their evaluation on employment
information, how long you've worked, and
how much you are paid. Lenders will also
review your expenses and any other
debt obligations you have. CAPITAL

CAPITAL
(1) Money used to create income, either as an investment in a business or
an income property. (2) The money or property comprising the wealth
owned or used by a person or business enterprise. (3) The accumulated
wealth of a person or business. (4) The net worth of a business
represented by the amount by which its assets exceed liabilities.

CAPITALIZATION
In appraising, determining value of a property by considering net income
and percentage or reasonable return on the investment.

CAPITALIZATION RATE
A reasonable percentage rate or return based on net income. The
capitalization rate is used to determine value.

CAVEAT EMPTOR
Means “let the buyer beware.” The buyer must examine the goods or
property and buy at his own risk.

CERTIFICATE OF TITLE
A statement provided by an abstract company, title company, or
attorney stating that the title to real estate is legally held by the current
owner.

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A B C D E F G H I J K L MN O P R S T V W Z

CHAIN OF TITLE
A history of conveyances and encumbrances
affecting the title from the time the original
patent was granted or as far back as
records are available.

CHATTEL MORTGAGE
A personal property mortgage.
CHATTEL
CHATTEL REAL
An estate related to real estate such as lease on real property.

CLIENT
person or organization using the services of a broker or other professional
person or company.

CLIENTELE
A body of customers or patrons

CLOSING
A meeting at which a sale of a property is finalized by the buyer signing
the mortgage documents and paying closing costs. Also called
"settlement."

CHATTEL
Another name for personal property.

CLOSED MORTGAGE
A mortgage which cannot be paid off until its maturity unless the creditor
consents to earlier payment.

CLOUD ON THE TITLE


Any conditions revealed by a title search which affect the title to
property; usually relatively unimportant items but which cannot be
removed without a quit claim deed or court action.

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A B C D E F G H I J K L MN O P R S T V W Z

COMMITMENT
COINSURANCE
A sharing of insurance risk between the
insurer and the insured. Coinsurance
depends on the relationship between
the amount of the policy and a specified
percentage of the actual value of the property
insured at the time of the loss.

COLLATERAL SECURITY
A separate obligation attached to a contract to guarantee its
performance; the transfer of property or of other contracts or valuables
to ensure the performance of a principal agreement.

COLLECTION
The efforts used to bring a delinquent mortgage current and to file the
necessary notices to proceed with foreclosure when necessary.

COLLUSION
An agreement between two or more persons to defraud another of his
rights by the forms of law or to obtain an object forbidden by law.

COLOR OF TITLE
That which appears to be a good title but which is not a title in fact.

COMMERCIAL PAPER
Bills of exchange used in commercial title.

COMMISSION
An agent’s compensation for performing the duties of his agency; is real
estate practice, a percentage of the selling price of property,
percentage of rentals, etc.

COMMITMENT
A pledge or promise or firm agreement.

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A B C D E F G H I J K L MN O P R S T V W Z

COMMUNITY OR CONJUGAL PROPERTY


Property accumulated through the joint
effort of a husband and wife living together.

COMPACTION
Whenever extra soil is added to a lot to fill
in low places or raise the level of the lot the
added soil is often too loose and soft to
sustain the weight of the building. Therefore,
it is necessary to compact the added soil so
that it will carry the weight of the building
without the danger of their titling, settling or cracking.

COMPOUND INTEREST
Interest paid or original principal and also on accrued and unpaid
interest which has accumulated.

CO-MAKER
A person who signs a promissory note along with the borrower. A co-
maker's signature guarantees that the loan will be repaid, because the
borrower and the co-maker are equally responsible for the repayment.

CONDEMNATION
This is the act of taking private property for public use by a political
subdivision; a declaration that a structure is unfit for use.

CONDITIONAL SALE CONTRACT


A contract for the sale of property stating that delivery is to be made for
the buyer, the title remain vested in the seller until the condition of the
contract have been fulfilled.

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A B C D E F G H I J K L MN O P R S T V W Z

CONDOMINIUM
A system of individual ownership
of a unit in a multi-family structure,
combined with joint ownership of a
common areas of the structure and
the land. (Sometimes referred to
as vertical subdivision).
CONDOMINIUM
CONDOMINIUM HOTEL
A condominium project that has rental or registration desks, short-term
occupancy, food and telephone services, and daily cleaning services
and that is operated as a commercial hotel even though the units are
individually owned.

CONSIDERATION
Anything of value given to induce entering into a contract, it may be
money, personal service, or even love and affection.

CONSTRUCTIVE NOTICE
Notice given by the public records.

CONTINGENCIES FOR REPAIRS


In your purchase offer, you may consider stating that the seller must make
sure the electrical systems, heating and cooling, plumbing, and
mechanical systems are functioning properly at the closing. You may also
state that your purchase is contingent upon the satisfactory completion
of a professional home inspection, which will check these systems and
other elements more completely. These are both ways to ensure that
surprises don't arise when your moving day arrives. If you do not include
this clause in your contract, you are essentially accepting the house "as
is."

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A B C D E F G H I J K L MN O P R S T V W Z

CONTINGENCY
A condition that must be met before a
contract is legally binding. For example,
home purchasers often include a
contingency that specifies that the
contract is not binding until the purchaser
obtains a satisfactory home inspection
report from a qualified home inspector.

CONTRACT
An Agreement, either written or oral to do or not to do certain things.

CONTRACTOR
A general contractor is a person who oversees a construction project
and handles aspects such as scheduling workers

CONTRACT RENT
The rent for the lease of property as stimulated by the lesser and the
lessee.

CONVERSION
A change from one character or use to another.

CONVEYANCE
The transfer of the title of land from one to another. It denotes an
instrument which carries from one person to another an interest in land.

COOPERATIVE CORPORATION
A business trust entity that holds title to a cooperative project and grants
occupancy rights to particular apartments or units to shareholders
through proprietary leases or similar arrangements.

CORNER INFLUENCE
The added desirability or utility of a property due to its frontage to two
streets, which provides better ventilation for residential purposes easier
accessibility and more commercial displays for commercial and industrial
utilization.

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A B C D E F G H I J K L MN O P R S T V W Z

CORPORATION
A group of body of persons established
and treated by laws as an individual or
unit with rights and liabilities of both
distinct and apart from those of the persons
composing it. A corporation is a creature
of law having certain powers and
duties of a natural person.
CORPORATION
CORPOREAL
Tangible properties, such as land,
buildings, cars, tables, etc.

COST APPROACH
A method of estimating the fair market value of an
improvement by estimating present reproduction cost and deducting
depreciation.

COVENANT
Agreement written into deeds and other instruments promising
performance or non-performance of certain acts or stipulating certain
uses or non-use of the property. Chamber of Real Estate and Builders‘
Associations Inc. (CREBA) The largest Real Estate umbrella organization in
the Philippines.

CREDIT
An agreement in which a borrower receives something of value in
exchange for a promise to repay the lender at a later date.

CUL DE SAC
A passageway with one outlet; a blind alley.

CURTAIL SCHEDULE
A listing of the amounts by which the principal sum of an obligation is to
be reduced by partial payments and of the dates when each payment
will become payable.

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A B C D E F G H I J K L MN O P R S T V W Z

DAMAGES
The indemnity recoverable by a person
who has sustained an injury either in his
person, property, or relative rights through
the act or default of another.

DEBT
An amount owed to another.

DEED
The legal document conveying title to a property. The deed is the
document that transfers ownership from the seller to you. Only the seller
signs the deed at closing, and you'll receive a copy of it. The closing
agent will record the deed with you listed as the new property owner.

DEED OF TRUST
The document used in some states instead of a mortgage; title is
conveyed to a trustee. In some states, a "deed of trust" is used instead of
a mortgage. When homeowners sign a deed of trust, they receive title to
the property but convey title to a neutral third party -- called a trustee --
until the loan balance is paid in full.

DEFAULT
The failure to fulfill a duty or promise or to discharge an obligation: an
omission or failure to perform any act.

DEFEASANCE
An instrument which defeats the force of some other instrument, such as
mortgage, etc.

DEFEASANCE CLAUSE
The clause in a mortgage that gives the mortgagor the right to redeem
his property upon the payment of his obligations to the mortgagee.

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A B C D E F G H I J K L MN O P R S T V W Z

DEFICIENCY
The difference between the sales price or
market value of real estate and the amount
of indebtedness being sued for in a DEPOSIT
foreclosure sale, where the debt is
larger than the sales price.

DEFICIENCY JUDGMENT
A judgment given when the security pledge for
a loan does not satisfy the debt upon its default.

DELINQUENCY
Failure to make mortgage payments when mortgage payments are due.

DEPOSIT
A sum of money given to bind the sale of real estate, or a sum of money
given to ensure payment or an advance of funds in the processing of a
loan. See earnest money deposit.

DEPRECIATION
The loss of value in real property brought about by age, physical
deterioration for functional or economic obsolescence. Broadly, a loss in
value from any cause.

DIVISE
A gift of real estate by a will.

DEVISOR
One who receives a bequest made by a will.

DIRECTIONAL GROWTH
The location or direction toward which the residential sections of a city
are destined or determined to grow.

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DOMINANT ESTATE
Land which does not have access to a public
road which is given a right of way
through an adjoining land.

DOWER
The rights of a widow in the property of
her husband at his death. DOWNPAYMENT

DOWN PAYMENT
The part of the purchase price of a property that the buyer pays in cash
and does not finance with a mortgage.

DUE-ON-SALE PROVISION
A provision in a mortgage that allows the lender to demand repayment
in full if the borrower sells the property that serves as security for the
mortgage.

DUE-ON-TRANSFER PROVISION
This terminology is usually used for second mortgages. See due-on-sale
provision.

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$
EARNEST MONEY DEPOSIT
A deposit made by the potential home
buyer to show that he or she is serious
about buying the house. The earnest
money deposit is a "good-faith" payment
you submit with your offer on a home to
show the seller you are serious about
proceeding. The earnest money is deposited
in an escrow account and will be applied to your closing costs.
Sometimes, your lender will want you to bring a receipt for the earnest
money deposit along with your sales contract to the initial loan
application meeting.

EASEMENT
Created by grant or agreement for a specific purpose, an easement is
the right, privilege, or interest which one party has in the land of another.
(Example: right of way).

ECONOMIC LIFE
The period over which a property will yield a return on the investment,
over and above the economic or ground rent to land.

ECONOMIC RENT
The potential rent which a property can command, considering rental of
similar or comparable properties in the neighborhood.

EJECTMENT
A form of legal action to regain control of real estate and collect for
damages.

EMINENT DOMAIN
The right of the government to acquire property for necessary public or
quasi-public use by condemnation.

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ENCROACHMENT
Trespass; the building of a structure or
construction of any improvements partly
or wholly on the property of another.

ENCUMBRANCE
Anything which affects or limits the fee
simple title to property such as mortgages,
easements, or restrictions of any kind.
Liens are money encumbrances which
make the property security for the payment
of a debt or obligations, such as mortgages and taxes.

EQUITY
The interest or value which an owner has in real estate over and above
the liens against it.

EQUITY OF REDEMPTION
The right to redeem property during the foreclosure period, such as a
mortgagor’s right to redeem within a year after foreclosure sale.

EROSION
The wearing away of land by the action of water, wing or glacial ice.

ESCALATION CLAUSE
A in a contract providing for the upward or downward adjustment of
certain items to cover specified contingencies.

ESCROW
The deposit of instrument and funds with instructions to a third neutral
party to carry out the provisions of an agreement or contract; when
everything is deposited to enable carrying out the instructions, it is called
a complete or perfect escrow.

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A B C D E F G H I J K L MN O P R S T V W Z

ESTATE
As applied to the real estate practice
the term signifies the quantity of interest,
share, right, equity or which riches or
fortune may consist, in real property.
The degree, quantity, nature and extent
of interest which a person has in real property.

ETHICS
That a branch of moral science, idealism, justness, and fairness which
treats of the duties that a member of profession or crafts owes to the
public, to his clients or patron and to his professional brethren or
members.

EVICTION
The lawful expulsion of an occupant from real property.

EXAMINATION OF TITLE
A written contract that gives a licensed real estate agent the exclusive
right to sell a property for a specified time, but reserving the owner's right
to sell the property alone without the payment of a commission.

EXCLUSIVE LISTING
A written contract that gives a licensed real estate agent the exclusive
right to sell a property for a specified time, but reserving the owner's right
to sell the property alone without the payment of a commission.

EXCLUSIVE RIGHT-TO-SELL LISTING


A written agreement between an owner and an agent giving the agent
the right to collect a commission if the property is sold by anyone during
the term of his agreement.

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ESCHEAT
The reverting of property to the estate when EXECUTOR
heirs capable of inheriting are lacking.

EXECUTE
To complete, to make, to do, to follow out.
To execute a deed is to make a deed,
including specially signing, sealing
and delivering. To execute a contract
is to perform the contract, to follow
out to the end, to complete.

EXECUTOR
A person named in a will to carry out
provisions as to the disposition of the estate of a person deceased.

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FAIR MARKET VALUE


The price at which a willing seller will sell
and willing buyer will buy neither being
FIXED
under abnormal pressure. INSTALLMENT
FEE MARKET VALUE
The price at which a willing seller will
sell and willing buyer will buy neither
being under abnormal pressure.

FEE SIMPLE
In modern estates, the term “Fee” and “Fee Simple” are substantially
synonymous. The term “Fee” is of Old English derivation. “Fee Simple
Absolute” is an estate in real property, by which the owner has the
greatest power over the title which it is possible to have being an
absolute estate.

FIDUCIARY
A person in a position of trust and confidence as between a principal
and a broker as fiduciary owes a certain loyalty which cannot to
breached under rules of agency.

FINDERS FEE
A fee or commission paid to a mortgage broker for finding a mortgage
loan for a prospective borrower.

FINISHED AND GRADED


Raw land that has been prepared for the construction of buildings,
including the installation of improvements such as sewer and electric
lines, streets, public facilities and common areas, and so on.

FIXED INSTALLMENT
The monthly payment due on a mortgage loan. Includes payment of
both principal and interest.

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FIXTURES
Appurtenance attached to the land
or improvements which usually
cannot be removed without agreement
FRAUD
as they become real property.

FORECLOSURE
A procedure whereby property pledged
as security for a debt is sold to pay the
debt in the event of default in payments or terms.

FORFEITURE
The loss of money or anything of value, due to failure to perform such as
under an agreement to purchase.

FRAUD
The intentional and successful employment of any cunning, deception,
collusion or artifice used to circumvent, cheat, or deceive another person
whereby that person acts upon it.

FREEHOLD
An estate in fee simple; A life estate.

FURNISHED (of accommodations)


available to be rented with furniture. Can be fully, semi, or unfurnished.

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GIFT DEED
A deed for which the consideration
is love and affection and where there
is no material consideration.

GRANT
A technical term made use of in deed of conveyance
of lands to import a transfer.
GIFT DEED

GRANTEE
The purchaser: a person to whom a grant is made.

GRANTOR
The seller of property: one who signs the deed.

GROSS INCOME
Total income from property before any expenses are deducted.

GROUND RENT
Earnings of improve property credited to the earnings of the ground itself
after allowances is made for earning of improvements; often termed
economic rent.

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HIGHEST AND BEST USE PRINCIPLE OF


The use which will bring the optimum
or highest returns or advantage
as a of a certain time.

HOMEOWNER'S ASSOCIATION
A non-profit association that manages the
common areas of a planned unit HOLD-OVER CLAUSE
Development (PUD) or condominium project.
In a condominium project, it has no ownership
interest in the common elements. In a
PUD project, it holds title to the common elements.

HOLD-OVER-CLAUSE
A provision in listing agreement which entitles the broker to commission
even when he closed the sale after the period of the authority provided
that the buyer was registered by him with the seller and with whom he
has negotiated during the period of his authority.

HYPOTHECATE
To give a thing as security without the necessity of giving up possession of
it.

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INCOMPETENT
One who is mentally incompetent, incapable,
any person who is not insane, but by the
reason of old age, disease or weakness
of mind, or any other cause, is unable, if
unassisted to manage properly and take
care of himself or his property or by reason
thereof would likely be deceive or imposed SURVEY
upon by artful or designing persons.

INCREASING AND DIMINISHING RETURNS, PRINCIPAL OF


States that the application of more factors of productions will tend to
increase net income up to a certain point beyond which the application
of more factors of production will tend to diminish net income.

INDEX
A number used to compute the interest rate for an adjustable-rate
mortgage (ARM). The index is generally a published number or
percentage, such as the average interest rate or yield on Treasury bills. A
margin is added to the index to determine the interest rate that will be
charged on the ARM. This interest rate is subject to any caps that are
associated with the mortgage.

INFLATION
An increase in the amount of money or credit available in relation to the
amount of goods or services available, which causes an increase in the
general price level of goods and services. Over time, inflation reduces
the purchasing power of a dollar, making it worth less.

INJUNCTION
parties to a suite or proceeding from doing an act which deemed to be
inequitable or unjust in regard to the rights of some other party or
parties in the suit or proceeding.

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INSTALLMENT INSTALLMENT
The regular periodic payment that a
borrower agrees to make to a lender.
The regular periodic payment that a
borrower agrees to make to a lender.
The installment is more often referred
to as your monthly mortgage payment.
Installments, or monthly payments, can
$
be made either monthly or biweekly,
depending on your mortgage type. Your
approved lender may also offer additional
payment plans tailored to fit your needs.

INSTALLMENT NOTE
A note which provides that payments of a certain sum or amount be
paid on the dates specified in the instrument.

INSTRUMENT
A written legal documents created to affect the rights of the parties.

INSURANCE
A contract that provides compensation for specific losses in exchange for
a periodic payment. An individual contract is known as an insurance
policy, and the periodic payment is known as an insurance premium.

INTEREST
The fee charged for borrowing money. Simply put, this is the fee that is
charged for borrowing money from lenders. The interest rate is the rate of
interest that is in effect when the monthly payment is due. An interest rate
ceiling -- for an adjustable-rate mortgage (ARM) -- is the maximum
interest rate, as specified in the mortgage note; the interest rate floor is
the minimum interest rate, as specified in the mortgage note.

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INTEREST RATE
The percentage of a sum of
$
money charged for its use.

INTESTATE
A person who dies having made no will,
$
or having made a will is defective in
form in which case his estate descends INVESTMENT
to his heir at law or next of kin.

INVESTMENT PROPERTY
A property that is not occupied by the owner.

INVOLUNTARY LIEN
A lien imposed against property without the consent of an owner;
example: taxes, special assessments, income tax liens, etc.

IRREVOCABLE
Incapable of being recalled or revoked: unchangeable.

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JOINT NOTE
A note signed by two or more
persons who have equal liability
for payment.

JOINT TENANCY
Joint ownership by two or more
persons with the right of survivorship;
all joint tenants own equal interest and
have equal rights in the property.

JUDGMENT
The final determination of a court of competent jurisdiction of a matter
presented to it; money judgments provide for the payment of claims
presented to the court, or awarded as damages, etc.

JURISDICTION
The authority by which judicial officers take cognizance of and decide
cause; the right and power which a judicial officer has to enter upon the
inquiry.

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KEY-LOT
A lot adjoining a corner, at right angle
to it, and fronting an intersecting street.

KEY-LOT

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LACHES
Delay or negligence in asserting
one’s legal rights.

LAND CONTRACT
A contract ordinarily used in connection
with the sale of property in cases where
the seller does not wish to convey title LESSEE
until all or a certain part of the purchase
price it paid by the buyer.

LANDS, TENEMENTS AND HEREDITAMENTS


A phrase used in the early English law to express all sorts of property of the
immovable class. Its present use may be said to express real estate with
all fixed improvement thereon, if any.

LEASE
A contract between an owner and a tenant, setting forth conditions
upon which the tenant may occupy and use the property.

LEASEHOLD ESTATE
A way of holding title to a property wherein the mortgagor does not
actually own the property but rather has a recorded long-term lease on
it.

LEGAL DESCRIPTION
A description by which property can be definitely located by reference
to government surveys or approved recorded maps.

LESSEE
One who contract to rent property under a lease contract.

LESSOR
An owner who enters into a lease with a tenant.

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LETTER OF INTENT (LOI)


An expression of intent to invest,
develop or purchase without
creating any firm legal obligation
to do so.

LEVERAGE
The use of down payment to secure
an interest in an investment. An example
of high leverage be a P1,000.00 down payment
on a P100,000.00 property. If the property goes
up in price to P105,000 over a short period of time, the investor will make
a 500 percent profit. If the price drops to P99,000.00, the investor loses
everything. The higher the leverage, the higher the risk.

LIABILITIES
A person's financial obligations. Liabilities include long-term and short-
term debt, as well as any other amounts that are owed to others.

LIEN
A form of money encumbrance which usually make property security for
the payment of a debt or discharge of an obligation. Example:
judgments, taxes, mortgages, deeds of trust, etc..

LOAN
A sum of borrowed money (principal) that is generally repaid with
interest.

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MARGIN
For an adjustable-rate mortgage (ARM),
the amount that is added to the index to
establish the interest rate on each
adjustment date, subject to any
limitations on the interest rate change.

MARGINAL LAND MATURITY


Land which barely pays the cost of working or using.

MARKETABLE TITLE
A merchantable title: a title free and clear of objectionable liens and
encumbrances.

MARKET PRICE
The price paid regardless of pressures, motives, intelligence.

MARKET VALUE
(1) The price at which a willing seller would sell and a willing buyer would
buy, neither being under abnormal pressure; (2) As defined by the courts
it is the highest price estimated in terms of money which a property will
being if exposed for sale in the open market allowing a reasonable time
to find a purchaser with knowledge of the property’s use and capabilities
for use.

MATERIAL FACT
A fact is material if it is one which the agent should have realized would
be likely to affect the judgment of the principal in giving his consent to
the agent to enter into the particular transaction on the specified terms.

MATURITY
The date on which the principal balance of a loan, bond, or other
financial instrument becomes due and payable.

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MONUMENT
MECHANICS LIEN
A lien created by law which exists in
favor of persons who have performed
services or furnished materials in the
erection or repair of a building.

METER AND BOUNDS


Measurements and boundaries. A term
in describing the boundary lines of land,
setting forth all the boundary lines, together
with their terminal points and angles.

MONUMENT
A fixed object and point establishment by surveyors to establish land
locations.

MORATORIUM
The temporary suspension, usually by status of the enforcement of liability
for debts.

MORTGAGE
An instrument recognized by law by which property is hypothecated to
secure the payment of a debt or obligation; the procedure for
foreclosure in the vent of default establishment by statute.

MORTGAGEE
One to whom a mortgagor gives a mortgage to secure a loan or
performance of an obligation; a lender.

MORTGAGOR
One who give a mortgage on his property to secure a loan or assure
performance of an obligation; a barrower.

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NEGOTIABLE
Capable of being negotiated; assignable
or transferable in the ordinary course of business.

NET LISTING
A listing which provides that the agent
may retain as compensation for his
services all sums received over and NET WORTH
above a net price to the owner.

NET WORTH
The value of all of a person's assets, including cash, minus all liabilities.

NOTE
A signed written instrument acknowledging a debt and promising
payment.

NOTICE OF QUIT
A notice to a tenant to vacate rented property.

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OBSOLENCE
Loss in value due to reduced desirability MAXIMUM
and usefulness of a structure because OCCUPANCY
its design and construction become NOT TO EXCEED
obsolete; loss because of becoming
___ PERSONS
old-fashioned and not in keeping with
the modern need with consequent loss of income.

OCCUPANCY
Residence or tenancy in a dwelling or on a piece of land.

OCCUPANCY DATE
This provision is a good way to help ensure that your home will be ready
for occupancy after the closing takes place. As part of your formal
purchase offer, consider including a provision that holds the seller for
paying you rent should they not move out on or prior to the agreed-upon
date. This allows you, for example, to use the money you receive to pay
your own rent if you are leasing your current residence.

OFFER
When you make an offer on a house, it means you are making a formal
bid to buy a home. Your offer should include such aspects as the address
of the home, the sales price, the type of mortgage financing you will use
to purchase the home, any personal property that might be included as
part of the sale, and a target date for closing and occupancy. An
earnest money deposit typically accompanies the offer. Once you have
made an offer, the seller has the opportunity to accept, decline, or make
a counter-offer. If your offer is accepted, you have a ratified sales
contract.

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OFFSET STATEMENT
A statement by the owner of property
or the owner of a lien against property,
setting forth the present status of lien
against the said property.

OPEN MORTGAGE
A mortgage which can be paid off any
time even before its maturity.
OPTION
OPEN-END MORTGAGE
A mortgage containing a clause which permits a mortgagor to borrow
additional money after the loan was reduced, without re-writing the
mortgage.

OPEN LISTING
An authorization given by a property owner to a real estate agent
wherein said agent is given the non-exclusive right to secure a purchaser;
open listing may be given to any number of agents without liability to
compensate any except the one who first secures a buyer ready, willing
and able to meet the terms of the listing or secures the acceptance by
the seller of a satisfactory offer.

OPTION
A right given for a consideration to purchase or lease a property upon
specified terms within a specified time.

ORAL CONTRACT
A verbal agreement; one who is not reduced to writing.

OVER-IMPROVEMENT
An improvement which is not suitable to the site on which it is placed due
to excessive size or cost.

OWNER FINANCING
A property purchase transaction in which the property seller provides all
or part of the financing.

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PARTIAL PAYMENT
A payment that is not sufficient to cover
the scheduled monthly payment on a
mortgage loan.

PARTNERSHIP
A partnership as between partners themselves
maybe defined to become a contract of two or
more persons to unite their property, labor or skill, PARTNERSHIP
or some of them in persecution or some joint or
lawful business, and to share the profits
in certain proportions.

PAR VALUE
Market value, nominal value.

PATENT
A conveyance of title to government land.

PERCENTAGE LEASE
A lease of property in which the rental is based upon the volume of sales
made upon the leased premises.

PERSONAL PROPERTY
Any property which is not real property.

PLEDGE
The depositing of personal property by a debtor with a creditor as
security for a debt arrangement.

PLEDGEE
One who is given a pledge or a security.

PLEDGOR
One who offers a pledge or gives security.

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POLICE POWER
POLICE POWER
The right of the state to enact laws
and enforce them for the order, safety,
health, morals and general welfare of the public.

POSTDATED CHECK (PDC)


Any check or draft that has a future
date written upon it by the user.
The amount of the check will not be
drawn from the account until the date written on the check.

POWER OF ATTORNEY
An instrument authorizing a person to act as the agent of the person
granting it, and a general power authorizing the act generally in behalf
of the principal. As special power limits the agent to a particular or
specific act as: a land-owner may grant an agent special power of
attorney to convey a single and specific parcel of property. Under the
provisions of a general power of attorney, the agent having the power
may convey any or all property of the principal granting the general
power of attorney.

PRESCRIPTION
The securing of title to property by adverse possession: by occupying it for
the period determined by the law barring action for recovery.

PRIMA FACIE
Presumptive on its face.

PRIME RATE
The interest rate that banks charge to their preferred customers.
Changes in the prime rate influence changes in other rates, including
mortgage interest rates.

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PRINCIPAL
The amount borrowed or remaining
unpaid. The part of the monthly payment
that reduces the remaining balance of a
mortgage. One of the terms you're likely
to hear when you talk about a mortgage
with your lender is principal. The principal
is the amount originally borrowed or the
amount that remains to be paid once you PROMISSORY NOTE
have started making payments. It is
also the part of the monthly mortgage payment that reduces the
remaining balance of a mortgage. The principal balance is the
outstanding amount of principal on a mortgage; it does not include
interest or any other charges.

PRIVITY
A mutual relationship to the same rights of property; a contractual
relationship.

PROCURING CAUSE
The act of a broker leading to the meeting of minds between the parties
to a transaction or the consummation of transaction.

PROGRESSION, PRINCIPLE OF
The association of a property with inferior properties will tend to lower the
value of the former.

PROMISSORY NOTE
A written promise to repay a specified amount

PRORATION OF TAXES
To divide or prorate the taxed equally or proportionately to the time of

PURCHASE MONEY MORTGAGE OR TRUST DEED


A trust or mortgage given as part or call of the purchase consideration for
property.

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REAL ESTATE REAL


Real property. Property in land and buildings along ESTATE
with improvements.

REAL ESTATE AGENT


An accredited salesperson but is not a real estate broker.
An agent is required to undergo education pertaining
to real estate law and ethics.

REAL ESTATE ACCESSOR


A duly registered and licensed person who works in a local government
unit and performs appraisal and assessment of real properties including
plants, equipments, and machineries essentially for taxation purposes.

REAL ESTATE APPRAISER


A duly registered and licensed person who, for a professional fee,
compensation or other valuable consideration, performs or renders or
offers to perform services in estimating and arriving at an opinion of
or acts as an expert on real estate values, such services of which shall
finally be rendered by the preparation of the report in acceptable
written form.

REAL ESTATE BOARD


An organization where members consist of primarily of real estate brokers
and salesmen.

REAL ESTATE BROKER


A person who has passed the Real Estate Brokers Licensure Exam
administered by the PRC. Thus, a broker is licensed to conduct a real
estate transaction between a buyer and a seller. A person who, for a
commission or a fee, brings parties together and assists in negotiating
contracts between them.

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REAL ESTATE CONSULTANT REAL


A duly registered and licensed person who, ESTATE
for a professional fee, compensation or
other valuable consideration, offers or renders
professional advice and judgement on: acquisition,
enhancement, preservation, utilization or disposition
of lands or improvements thereon.

REAL PROPERTY
Land and appurtenances, including anything of a permanent nature
such as structures, trees, minerals, and the interest, benefits, and inherent
rights thereof.

REALTOR
A real estate broker holding active membership in a real estate board
affiliated with the Philippine Association of Realtors Boards.

REAL ESTATE BROKERS ASSOCIATION OF THE PHILIPPINES (REBAP)


A group of licensed real estate brokers aiming to pursue their common
objectives of truly professionalizing the real estate industry and raising the
level of ethical standards of licensed real estate practitioners.

RECONVEYANCE
The transfer of the title of the land from one person to the immediate
preceding owner.

REDEMPTION
Buying back one’s property after a judicial sale.

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REFORMATION
An action to correct a mistake in deed
or other document.

RELEASE CAUSE
This is a stipulation that, upon the
payment of a specific sum of money
to the holder of a trust deed or mortgage,
the lien of the instrument as to a specific
described lot or area shall be removed
from the blanker lien on the whole area involved.

RESCISSION OF CONTRACT
The abrogation or annulling of a contract; the revocation or repealing of
a contract by mutual consent by the parties to the contract, or for cause
by either party to the contract.

RESERVATION
A right retained by a grantor in conveying property.

RESTRICTION
The term as used relating to real property, means the owner of real
property is restricted in or prohibited from doing certain things relating to
the property for certain purposes. For instance, the requirements in a
deed that a lot maybe used for the construction of not more than a one-
party dwelling, costing not less than ten thousand pesos (P10,000.00), is
deemed to be restriction: also a legislative ordinance affecting all
properties in a given area, requiring that improvement on property shall
not be constructed any closer than twenty feet from the street curb, is a
restriction by operation of law.

REVERSION
The right to future possession or enjoyment by the person, or his heirs,
creating the preceding estate.

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REVERSIONARY INTEREST
The interest which a person has in
lands or other property, upon the
termination of preceding estate.

RFO (READY FOR OCCUPANCY)


A house or property that is ready for
immediate occupancy. RIPARIAN RIGHTS

RIGHT OF SURVIVORSHIP
The right to acquire the interest of a deceased joint-owner; distinguished
feature of a joint tenancy.

RIGHT OF WAY
A privilege operating as an easement upon land, whereby the owner
does by grant, or by agreement, give to another the right to pass over his
land; to construct a roadway over, or use as a roadway, a specific part
of his land, telephone, telegraph, or electric power lines, or the right to
place underground water mains, gas mains or sewer mains.

RIPARIAN RIGHTS
The right of a landowner to water, on, under, or adjacent to his land.

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SALE AND LEASEBACK


A contract wherein the buyer of a property SELLER (SALES CONTRACT
agrees to lease the same property to the seller.

SALES CONTRACT
A contract by which a buyer and a
seller agree to terms of sale.

SATISFACTION
The discharge of a mortgage or a trust deed lien from the records upon
payment of the evidence debt.

SEAL
An impression made to attest the execution of an instrument.

SECURED LOAN
A loan that is backed by collateral.

SECURITY
Many homeowners hire a real estate attorney to represent them during
the loan application process. If you do so, your attorney will review the
sales contract and represent you at closing. There are many questions
you can ask a personal attorney before deciding whether to have the
attorney represent you at closing. They can include: What is the
attorney's fee for representing you at closing? What is the attorney's
experience with real estate transactions? Are there fees for reading
documents relating to the closing? Are there fees for giving advice?
Remember that your personal attorney's fee is not part of your closing
costs. You must pay for this expense separately.

SETBACK
The distance from the curb or other established line, within which no
building may be erected.

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SETTLEMENT
The final step before you get the keys to
your home is a formal meeting called the
closing. It is at this meeting in which
ownership of the home is transferred
from the seller to the buyer. Also called a
settlement in some parts of the country, the
meeting is typically attended by the buyer(s),
the seller(s), their attorneys if they have them,
SETTLEMENT
both real estate sales professionals, a representative
of the lender, and the closing agent. The purpose is to make sure the
property is physically and legally ready to be transferred to you. Several
closing costs will be paid at this meeting. These expenses are over and
above the price of the property and are incurred when ownership of a
property is transferred.

SPECIAL ASSESSMENT
A legal charge against real estate by a public authority to pay the cost
of public improvements such as street light, sidewalks, street
improvements, etc.

SPECIFIC PERFORMANCE
A remedy in court compelling the defendant to carry-out the terms of the
agreement of contract which was executed.

STATUTE OF FRAUDS
A state of law which provides that certain contracts must be in writing in
order to be enforceable at law. Examples: a real property lease for more
than one year; an agent’s authorization to sell real estates.

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STEWARDSHIP CONCEPT OF OWNERSHIP SURVEY


Obliges owners to utilize their property
in a manner that will benefit not only
their interest but also the general welfare.
When the extent of one’s ownership exceeds
the requirements of his necessities or when
property utilization is not conductive to general
welfare, then the state may exercise its power
and authority to regulate or control ownership.

SUBDIVISION
A housing development that is created by dividing a tract of land into
individual lots for sale or lease.

SUBORDINATION CLAUSE
A clause in a junior or second lien permitting retention of priority for prior
liens. A subordination clause may also be used in a first deed of trust
permitting it to be subordinated to subsequent liens, as, for example: the
liens of construction loans.

SUBPOENA
A process to cause a witness to appear and give testimony.

SUBSTITUTION PRINCIPLE OF
The value of replaceable property tends to be indicated by the value of
an equally desirable substitute property.

SURETY
One who guarantees the performance
of another. Guarantor.

SURVEY
A drawing or map showing the precise legal boundaries of a property,
the location of improvements, easements, rights of way, encroachments,
and other physical features.

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TAX SALE 50% TAX


A sale of property after a period
of non-payment of taxes. SALE!
TENANCY IN COMMON
Ownership by two or more persons
who hold undivided interest, without right or survivorship, interest need
not be equal.

TENANT
A person who occupies land or property rented from a landlord.

TENURE IN LAND
The mode or manner by which a man has an estate in lands.

TIME IS OF THE ESSENCE


One of the essential requirements to forming of a binding contract:
contemplates a punctual performance.

TITLE
Evidence that the owner of land is in lawful possession thereof; an
instrument evidencing the ownership.

TITLE INSURANCE
Insurance written by a title company to protect a property owner against
loss of the title.

TOPOGRAPHY
The nature of the surface of land; topography may be level, rolling,
mountainous.

TORRENS TITLE
A system of title records provided by law; certificate issued by register of
deeds.

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TRUSTEE

TRADE EQUITY
Equity that results from a property purchaser
giving his or her existing property (or an asset
other than real estate) as trade as all or part
of the down payment for the property
that is being purchased.

TRANSFER OF OWNERSHIP
Any means by which the ownership of a property changes hands.
Lenders consider all of the following situations to be a transfer of
ownership: the purchase of a property "subject to" the mortgage, the
assumption of the mortgage debt by the property purchaser, and any
exchange of possession of the property under a land sales contract or
any other land trust device

TRUST DEED
A deed given by a borrower to a trustee to be held pending fulfillment of
an obligation, which is ordinarily repayment of a loan to a beneficiary.

TRUSTEE
One who holds property in trust for another to secure the performance of
an obligation.

TRUSTOR
One who deeds his property to a trustee to hold as security until he has
performed his obligation to a lender under terms of a deed of trust.

TURNOVER
the rate at which the inventory of a business is sold; the number of times a
property is sold or leased in a given time frame.

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VALID
Having force or binding force; legally
sufficient and authorized by law.

VALUATION
Estimated worth of price: Estimate,
the act of valuing by appraisal.

VENDEE
A purchaser; a buyer.

VENDOR
A seller: one who disposes of a thing in consideration of money.

VENDOR
A seller: one who disposes of a thing in consideration of money.

VERIFICATION
A sworn statement before a duly qualified officer to the correctness of
contents of an instrument.

VESTED
Bestowed upon someone; secured by someone, such as title to property.

VOID
To have no force or effect; that which is unenforceable.

VOIDABLE
That which is capable of being adjudged void, but is not void unless
action is taken to make it so.

VOLUNTARY LIEN
Any lien is placed on property with the consent, or as a result of the
voluntary act of the owner.

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WAIVE
To relinquish or abandon to forego a
right to enforce or require anything.

WARM SHELL
A commercial or residential building
with a minimally finished interior, a
heating and cooling (HVAC) system,
drop ceilings, plumbing and restrooms, and interior lighting.

WARRANTY DEED
A deed used to convey real property which contains warranties of titles
and quite possession. In a warranty deed, the grantor agrees to defend
the premises against the lawful claims of third person.

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ZONE
The area set off by the proper authorities
for specific use; subject to certain
restrictions or restraints.

ZONING
The act of city or municipal authorities ZONING
specifying the type of use to which
property may be put in specific area.

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REFERENCES:
•http://houses.forsalephilippines.com/guides/philippines-real-estate-glossary-
terminology-a-m/
•http://houses.forsalephilippines.com/guides/philippines-real-estate-glossary-
terminology-n-z/
•http://www.real-estate-ph.com/glossary.html
•http://rpmlx.com

IMAGE SOURCES:
•http://flaticon.com
•http://iconfinder.com
•http://freepik.com
•http://publicdomainvectors.org

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