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".