QUESTIONS AND ANSWERS SURE A+
✔✔BLOCKBUSTING - ✔✔- This is a regulation intended to foster equal housing
opportunity for all.
- Licensees may never engage in actions that would serve to harm the rights of a
minority persons in their search for housing.
✔✔RESIDENTIAL RENTAL REFERRAL SERVICE - ✔✔Every person engaged in the
business of referring prospective residential tenants to possible rental units must be
licensed.
✔✔REAL ESTATE FULL DISCLOSURE ACT - ✔✔- Regulates the sale of out of state
properties.
- BUREAU OF SUBDIVIDED LAND SALES CONTROL within NJ real estate
commission administers the act.
- Does not apply to sales of:
- Subdivisions less than 100 lots, parcels,units or interest. - Regulations covering out-of-
state properties sold in New Jersey
✔✔OFFERINGS - ✔✔Is any sales promotion conducted in NJ, including publication,
mailing, and or telemarketing
✔✔CONDITIONS FOR ISSUANCE OF REGISTRATION - ✔✔- An offering involving
subdivision located outside of NJ is illegal unless registered with the Bureau of
subdivided land sales control.
- Upon receipt of an application for registration, accompanied by a STATEMENT OF
RECORD, the commission will initiate an investigation to determine the following:
- The subdivider can convey the interest in the sale of the lands if the purchaser
complies with the terms of the offer.
✔✔RESCISSION (COOLING OFF PERIOD) - ✔✔Any contract for the purchase or
lease of a , lot may be rescinded (canceled) by the purchaser or lessee without cause of
,any kind by sending or delivering a notice of cancellation by midnight of the 7th calendar
day following the day which the contract or lease was executed.
✔✔BROKERS OF RECORD - ✔✔- Out of State developers must designate a currently
licensed NJ broker as a "Broker of Record" in the initial registration application.
- The developer may also designate additional or"Supplemental Brokers" to offer and
market registered property in NJ.
- Brokers are issued special licenses called Brokers release
✔✔FILING FEES - ✔✔The fee for initial registration is $500.00, plus an additional
$35.00 per lot, parcel or unit. Filing fees are capped at $3,000.00
✔✔PUBLIC OFFERING STATEMENT - ✔✔- The subdivider must give all purchasers a
copy of a current public offering statement prior to their signing any contract, and they
must be given an opportunity to examine it.
-The statement includes the name and address of the developer, the name of the
authorized broker, a general description of the subdivision stating the number of lots,
etc., a statement of proposed taxes, and the encumbrances, and the estimated cost and
completion date of improvements.
✔✔PENALTIES - ✔✔- Any person who violates any provision of this act shall be fined
not less than $250.00 and not more than $50,000.00 per violation.
- Any real estate licensee who violates any provision of the act is subject to the
penalties as prescribed in the license laws and rules and regulations.
✔✔CMA - Comparative Market Analysis - ✔✔An informal estimate of value to assist
property owners in establishing an asking price for their property. - Are allowed to be
advertised as free in order to obtain a listing.
✔✔AIR RIGHTS - ✔✔- Rights to air space over land.
- An owner may own, sell or lease the air space above his property, as it's considered
part of his real estate.
- The government has the right to regulate the use of the air over all private lands for the
benefit of all public air transportation.
✔✔ALLUVION - ✔✔- This is the gradual and imperceptible deposit of additional soil
attaching itself to existing property through natural causes such as deposits of soil
carried by streams.
- Land created by alluvion normally belongs to the owner of the land to which it has
been added.
- Title may be given by nature through alluvion to owners who have land adjoining
lakes, rivers or oceans.
✔✔APPURTENANCE - ✔✔That which has been added to a property, which becomes
an inherent part of the property, and will pass with it when conveyed.
,✔✔AVULSION - ✔✔- Refers to a sudden change in the course of a stream due to an
earthquake or flood.
- If the stream served as a boundary line for adjoining owners, the property line does not
change.
✔✔BILL OF SALE - ✔✔A written instrument which passes title of personal property
from one seller to buyer.
✔✔BUNDLE OF RIGHTS - ✔✔- They are as follows: occupy and use the property, build
on the property, pass the property to heirs by will, lease, mortgage, keep other people
from using the property, sell or refuse to sell, grant a licenses or an easement, mine,
drill, farm, encumber the land, restrict the use of the property.
- These rights are not unqualified and may be limited both governmentally and
contractually.
✔✔CHATTEL - ✔✔Tangible personal property that is movable.
✔✔CHATTEL MORTGAGE - ✔✔A security agreement or also called a personal
property mortgage.
✔✔CONDEMNATION - ✔✔The process by which the property of a private owner is
taken for public use, with just compensation to the owner, of the right of eminant
domain.
✔✔CONVENTIAL LIFE ESTATE - ✔✔A life estate created by grant, by reservation or
by will
✔✔DEVISE - ✔✔A gift of real or personal property by will.
✔✔EMBLEMENT RIGHTS - ✔✔- Trees or crops that are harvested annually; the rights
of a tenant to harvest the annual crop even after his tenancy has ended.
✔✔EMINENT DOMAIN - ✔✔Eminent Domain is the right of the government to take
privately owned land for a public purpose through due legal process, with just
compensation being paid to the owner.
✔✔EROSION - ✔✔When land is lost by the gradual wearing away by natural causes
such as wind and rain, which causes its loss.
✔✔ESCHEAT - ✔✔Escheat is when a property owner dies intestate (without a will) and
without leaving any legally qualified heirs, the property reverts to the state.
, ✔✔ESTATES & INTERESTS - ✔✔-Estates are an ownership or possessory interest
that one has on land.
- Interests are a right that one has in the property and is less than an estate in land.
- Present interests which the holder takes possesion of the property now.
- Future interests are when possesion is taken sometime in the future.
✔✔FEE SIMPLE - ✔✔-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; an estate of
inheritance belonging to the owner, that he may depose of, trade or will as he chooses.
-Ownership on which there are no limitations, the highest form of land ownership, which
will automatically pass to the owners heirs upon his death, either by will or by descent.
- This is indefeasible, not capable of being defeated.
✔✔FIXTURE - ✔✔- Relationship of the parties, if the person attaching the object were
the owner of the building, it would appear that the intention was for the personal
property to become a fixture. If the person were a tenant it may be assumed that the
article was intended to remain personal property to be taken with them at the end of the
lease.
- Intention of the parties, the intent must be clear. If an item in not included in the sale it
should be marked as not included or an itemized list of inclusion /exclusions can be
used as well.
✔✔FREEHOLD ESTATE - ✔✔An estate in real property for an indefinite and uncertain
time. - Example: fee simple or life estate.
✔✔REVERSION / FUTURE INTEREST - ✔✔- The residue of an estate left to the
grantor or his heirs after the termination of all prior estates and interests. - The right of a
lessor to recover possession of leased property upon the termination of the lease, with
all subsequent rights to use and enjoy the property. - Present rights to future interests.
✔✔GOVERNMENTAL LIMITATIONS (INVOLUNTARY) - ✔✔- Police Power is the
power vested in government to restrict, regulate and control and individuals free use of
land in buildings through public health and building codes, zoning, ordinances, police
and fire department regulations, environmental controls and in some jurisdictions, rent
control.
✔✔IMPROVEMENTS - ✔✔Beneficial attachments to raw land that increases it's value
or improve it's usefullness.
✔✔LAND - ✔✔The surface of the earth, land extends downward to the center of the
earth and upward to the sky, including natural things such as trees, shrubs and water,
plus mineral below the surface and in the air rights above.
✔✔LEASEHOLD ESTATE - ✔✔- A right in real property that involves possession but
not ownership.