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1. Article 12-A of the NYS Real Property Law - ANSWER ✓ - The section of
the New York Real Property Law pertaining to real estate salespersons and
brokers.
- Primary purpose is to "Protect the Public" - Requires a salesperson to
be at least 18 years of age
- Requires a broker to be at least 20 years of age
2. Sponsor - ANSWER ✓ - A licensed real estate broker that holds the license
of a salesperson.
3. "Summary of Your Submission" - ANSWER ✓ - Obtained after you register
for the New York State
Salesperson exam using eAccessNY. You must bring your "Summary of
Your Submission" with
you when taking the State exam.
4. Misdemeanor - ANSWER ✓ - A crime punishable by up to a year in prison
and/or a $1,000 fine.
5. Listing Agreement - ANSWER ✓ - An employment contract between
principal and agent, authorizing the
agent to perform services for the principle involving the latter's property
6. Pocket Card - ANSWER ✓ - A card issued by the Department of State to
each licensee which contains the
, photo, name and business address of the licensee, and, in the case of a real
estate
salesperson, the name and business address of the broker with whom he or
she is associated
and shall certify that the person whose name appears thereon is a licensed
real estate broker or
salesperson.
- Must be carried by the agent at all times when serving as a
salesperson.
7. Mortgage Broker - ANSWER ✓ An intermediary who brings mortgage
borrowers and mortgage lenders together, but does not use its own funds to
originate mortgages.
8. Mortgage Banker - ANSWER ✓ A company, individual or institution that
originates mortgages. Mortgage bankers use their own funds, or funds
borrowed from a warehouse lender, to fund mortgages.
9. General Agent - ANSWER ✓ Someone authorized to transact every kind of
business for the principal. Ex: Property Manager
10.Operating Budget - ANSWER ✓ An amount of money set aside by the
owner for a specific period for the property manager to manage the property
effectively.
11.Management Agreement - ANSWER ✓ A contract between the owner of a
property and someone who agrees to manage it.
12.Property Management Report - ANSWER ✓ An accounting report issued
periodically by the property manager to the owner outlining all income and
expenditures for that accounting period.
13.Special Agent - ANSWER ✓ Ex: Real Estate Agent/Broker
- Agent with limited authority to act on behalf of the principal, such as
created by a lisiting.
14.Exclusive Right to Sell - ANSWER ✓ An agreement of employment by a
broker under which the exclusive right to sell for a specified period is
, granted to the broker; if a sale during the term of the agreement is made by
the owner or by any other broker, the broker holding such exclusive right to
sell if nevertheless ENTITLED TO COMPENSATION.
15.Property Condition Disclosure Statement - ANSWER ✓ The Property
Condition Disclosure Statement Act requires the seller to submit to the
buyer, a "PCDStatement" prior to signing the contract of sale. If statement is
not signed the seller owes the buyers $500 credit against the purchase price
of the property.
-Most seller attorneys advise clients NOT to sign statement because opens
up to vast amount of liability.
16.Sub-agent - ANSWER ✓ A person appointed by an agent with permission of
the principal (seller) to assist in performing some or all of the tasks of the
agency.
-Typically occurs when properties listed on MLS. When seller's broker posts
a listing on the MLS, he/she are essentially inviting other brokers to join as a
subagent. Agent showing the property becomes subagents for the listing
broker (and the seller.)
17.Independent Contractor - ANSWER ✓ Sales agents can be provided with
Office Phones by their sponsoring broker.
18.Ownership in Severalty - ANSWER ✓ Title to real estate is in the name of
only ONE person or entity, it is an estate ownership in severalty... i.e. single
individual owns real estate, therefore is 'severed' from all others.
19.Easement in Gross - ANSWER ✓ Ex: Utility Company
Right of use in land of another without the requirement that the holder of the
right own adjoining land. A.K.A. Commercial Easement in Gross
20.Mechanic's Lien - ANSWER ✓ Security interest in the title to property for
the benefit of those who have supplied labor or materials to improve the
property.
21.Mortgage Lien - ANSWER ✓ Example of a specific lien.
, 22.Fee Simple Estates - ANSWER ✓ Absolute ownership of a real property; a
person has this type of estate where the person is entitled to the entire
property with unconditional power of disposition during the person's life and
descending to the person's heirs or distributees.
23.Conveyance - ANSWER ✓ The transfer of the title from one to another. The
means or medium by which title of real estate is transferred.
A deed is a document used to convey title legally to real property. A.K.A. an
instrument of conveyance.
24.Legal Description - ANSWER ✓ The deed must contain an adequate formal
legal description. The legal description describes where the property is
located and the size of the lot. There are 3 acceptable types of property
descriptions:
1) Metes and bounds
2) Description by reference, lot and bloc
3) Monuments
25.Full Covenant and Warranty Deed - ANSWER ✓ Deed contains the
broadest form of guarantee of title of any type of deed and provides the
greatest protection to the grantee.
Covenants:
1) Covenant of Seisin- assures the grantee that the grantor holds
the title specified in the deed.
2) Covenant of right to convey- assures the grantee that the
grantor has the legal capacity t convey title and has the title to
convey.
3) Covenant against encumbrances- assures the grantee that no
encumbrances against the title except those set forth in the
deed itself exist.
4) Covenant of quiet enjoyment- assures the grantee that they
will have quiet enjoyment and possession of the property.
5) Covenant for further assurances
6) Covenant of warranty
26.Abstract of Title - ANSWER ✓ A summary of all of the recorded
instruments and proceedings which affect the title to a property, arranged in
the order in which they were recorded.