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Welcome > Resources > Real Estate Dictionary - A
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Earnest money |
A deposit made of a portion of the purchase
price by the buyer to demonstrate his or her serious intent to purchase the
property, usually accompanied by an agreement outlining the terms and
conditions of the sale |
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Easement |
The permanent or temporary right to use the
property of another for a specific purpose -- e.g. for access over the
property, putting up utility lines, etc. |
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Egress |
The right to leave or exit over a piece of
property |
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Eminent domain |
The right of the government to take over private
property for public purposes upon payment of its fair market
value |
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Encroachment |
A physical, illegal intrusion onto another's
adjoining property; examples are a structure, driveway, fence |
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Encumbrance |
Any claim against the fee simple title to a
property, such as a lien, mortgage, or easement |
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Equal Credit Opportunity Act
(ECOA) |
A federal law that requires lenders and other
creditors to make credit equally available without discrimination based on
race, color, religion, national origin, age, sex, marital status, or receipt of
income from public assistance programs |
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Equity |
The owner's financial interest in a property,
over and above any indebtedness for that property; or the difference between
the fair market value of the property, and the amount still owed on its
mortgage |
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Equity Sharing |
A form of joint ownership between an
owner/occupant and an owner/investor, whereby the owner/investor receives
depreciation deductions as his portion of interest in the property, and the
owner/occupant receives some of the tax write-offs for interest and taxes, as
well as part of his monthly payment being applied against his rent. If the
property were sold, the co-owners would also divide the profit |
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Escheat |
Property that reverts to state ownership when an
individual dies without a will and without heirs |
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Escrow |
A deed, contract, or something of value
deposited with a disinterested third party, to be delivered upon the
performance of certain conditions by the parties involved; e.g., an attorney or
escrow agent taking custody of funds and documents upon the closing of a sale
of real estate |
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Escrow account |
An account established by an escrow agent to
hold funds for the agent's principal until the consummation of the
transaction |
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Escrow instructions |
A document that outlines the duties of the
escrow agent and the obligations of the parties involved in an escrow
transaction |
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Escrow payment; also "impounds" or "reserves"
in some states |
The portion of a mortgagor's monthly payment
that is retained by the escrow agent to cover the costs of taxes, hazard or
mortgage insurance, lease payments, and other costs incurred in the course of
the transaction |
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Estate |
An individual's possessions and property,
relevant particularly at the time of death |
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Eviction |
The legally directed removal of an occupant from
real property |
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Exclusive listing, or Exclusive agency
listing, or Exclusive right-to-sell listing |
A written contract giving a licensed real estate
broker the exclusive right to sell a property for a designated period of time,
on terms stated by the owner, for a fee, while also reserving the owner's right
to sell the property himself, without paying anyone a
commission |
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Executor |
A person named in a will, or in the absence of
such designation, appointed by the probate court, to administer an estate and
carry out its terms |
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Extended Mortgage |
A mortgage in which the due date of payment is
extended, and is usually charged at a higher interest rate than the original
mortgage |
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The way that you hold title to your property has legal, tax, and estate-planning consequences. Many buyers do not receive adequate professional advice on this important aspect of property ownership.
If you are purchasing property by yourself, you will be acquiring title by sole (or "separate") ownership, single ownership, or severalty ownership. The term "severalty" does not denote more than one person - it is a legal term meaning that sole ownership is severed from all other forms of ownership.
If you are purchasing property with others, the most common forms of co-ownership are tenancy in common, joint tenancy, and community property. Tenants in common can be created when two or more related or unrelated people hold title to a property either equally or unequally. Each individual has the right to do whatever he wishes with his interest in the property. For example, he can sell his interest, give it away, or will it to someone else.
Before you take title, you should seek advice from your tax advisor and an attorney, particularly if you are buying the property with another person.
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| Q |
What home is the best example of colonial architecture in homes designed to "grow" as the family grew?
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| A |
The House of the Seven Gables in Salem, MA, that was the model for Nathaniel Hawthorne's novel of the same name. |
See More Real Estate Trivia > |
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