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John makes an offer to Joe, and Joe makes a counter offer. Joe dies before the
counter offer is accepted. What is the contract status?
A. Valid
B. Void
C. Enforceable
D. Bilateral - Answer✅✅B. Void
1031 Exchange - Answer✅✅A transaction that, under provisions of Section 1031 of
the Internal Revenue Code, allows a taxpayer to sell an investment property and
purchase another investment property in its place without paying capital gains on
the proceeds from the sale.
,1099-Misc - Answer✅✅The Internal Revenue Service form that is used to report
various types of miscellaneous income earned other than salary earned from an
employer
Abandonment of a Homestead - Answer✅✅The loss of a homestead exemption if
the owner moves to another state, sells the property, turns the property into a
rental or no longer occupies the home as a primary residence
Abutting - Answer✅✅Refers to parcels that share a boundary
Acceleration Clause - Answer✅✅A clause in loan documents that allows the lender
to call the note all due and payable if the borrower breaches the terms
Accretion - Answer✅✅The gradual addition of land by natural causes, such as
shoreline movements
Acre (in square feet) - Answer✅✅43,560 square feet
Acre Foot - Answer✅✅One foot of water over the entire surface of an acre;
contains 325,851 gallons of water
Active Management Area (AMA) - Answer✅✅Areas within Arizona where water
management programs, such as restriction governing groundwater use, are in place;
requires demonstration of Assured Water Supply
Actual Eviction - Answer✅✅The physical removal of a tenant from a leased
property with the tenant relieved of any further responsibility to pay rent
Actual Notice - Answer✅✅Express knowledge of a fact (compared to Constructive
Notice, which is notice given by publication)
Ad Valorem - Answer✅✅A concept for property taxes that means "according to
value"
Adequate Water Supply - Answer✅✅The standard required from developers
OUTSIDE of an Active Management Area (AMA); if adequate water supply cannot by
demonstrated, the developer must disclose this fact in all advertising and
promotional material
Adjustable Rate Mortgage (ARM) - Answer✅✅A mortgage loan that has an interest
rate on the note that periodically adjusts based on an index that reflects the cost to
the lender; also called Variable Rate Mortgage
Adjusted Basis - Answer✅✅The purchase price of a property (basis) minus
accumulative depreciation, plus acquisition costs, plus capital improvements; also
called Adjusted Purchase Price
, Adjusted Sales Price - Answer✅✅Sales price minus costs of sale (commission and
closing costs)
Administrator - Answer✅✅Court-appointed personal representatives of an estate
for someone who dies intestate (without a will)
Administrator's Deed - Answer✅✅A document that transfers title to real estate
from an intestate person to his or her heirs
Adverse Possession - Answer✅✅Acquiring title to land because of a long-term,
open and notorious use of the land. The legal process is called PRESCRIPTION. The
required time period in Arizona is 10 years.
Advisory Board - Answer✅✅A 10-member board appointed by the Governor that
advises and gives recommendations to the Commissioner of the Arizona Department
of Real Estate. Member serve a 6-year term
Affidavit of Affixture - Answer✅✅A document for owners of mobile homes
certifying that the home is immobilized, i.e., anchored to real property
Affidavit of Disclosure - Answer✅✅A disclosure document that may be required
when selling property that is either in an unincorporated area (not in a city or town),
NOT in a subdivision, or if five or fewer parcels are involved in the transaction. It
provides information about certain aspects of the property and allows the buyer an
opportunity to rescind the contract.
Affidavit of Value - Answer✅✅A sworn statement under oath that indicates the
purchase price paid by the buyer in a trascaction; must be filed with the deed and
signed by both buyer and seller.
Agency - Answer✅✅A relationship of trust between one person (the principal) and
another (the agent) in which the agent has the authority to act on behalf of the
principal. Agency creates a fiduciary duty on the part of the agent to act in good faith.
Agent - Answer✅✅One who represents a principal; In Arizona, the designated
agent is the agent of the principal. Associated licensees in the office are considered
subagents to the principal. Both the agent and the subagents are fiduciaries to the
principal (client).
Agreement for Sale - Answer✅✅A carryback document between buyer and seller.
The seller does not give a deed to the buyer until paid in full; therefore the seller
retains legal title and the buyer has equitable title. Also called Land Contract,
Contract for Deed or Installment Sale
Air Lot - Answer✅✅The ownership of the interior of a condominium; a property
that is above the base elevation of the land as in a multi-level building
, Air Rights - Answer✅✅The right to undisturbed use and control of the airspace
over a parcel of land (within reasonable limits for air travel); may be transferred
separately from the land.
Alienation - Answer✅✅The transfer of ownership or an interest in property from
one person to another by any means
Alienation Clause - Answer✅✅A clause used in a mortgage allowing the lender to
demand the full and immediate payment of the mortgage because the owner
transferred ownership of the property. Also called Due on Sale Clause.
Allodial System - Answer✅✅A concept of land ownership that allows private
individuals to own property
Alluvion - Answer✅✅Solid material deposited along a shore by accretion
American Land Title Association (ALTA) - Answer✅✅A national association of title
companies, abstractors and attorneys whose members agree to promote uniformity,
quality and professional standards in title insurance policies
Amortization - Answer✅✅Payment of debt in regular, periodic installments of
principal and interest (as opposed to interest-only payments)
Amortization Schedule - Answer✅✅A table or chart that shows the periodic
payments, interest and principal requirements and unpaid load balance for each
period of the life of a loan
Annexation - Answer✅✅Attaching personal property to land so that the law views
it as part of the real property
Annual Percentage Rate (APR) - Answer✅✅The relationship between the cost of
borrowing and the total amount financed, represented as a percentage
Appurtenance - Answer✅✅Something that belongs to property and passes with
property, but need not be attached to it (e.g. outbuildings, easements). An
appurtenance "runs with the land."
Arbitration - Answer✅✅A method for resolving disputes out of court whereby an
impartial third party renders a binding decision. This is the method by which disputes
between REALTOR brokers may be resolved
Arizona Department of Environmental Quality (ADEQ) - Answer✅✅The state
department tasked with protecting and enhancing public health and the
environment in the state; enforces the state's environmental laws and delegated
federal programs to prevent air, water and land pollution and ensure cleanup.