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P

Prohibited Acts

The Civil Rights Act of 1968 prohibited the following activities and conduct in residential real estate transactions:

  •  giving different terms for loans to buy or repair a dwelling, or deny a loan altogether
  • denying membership in MLS
  • refusing to sell, rent, or negotiate with any person
  • changing terms, conditions, or services for different individuals
  • stating or advertising that the property is restricted
  • telling a person that a property is not for sale or rent when it is.
  • making a profit by inducing owners to sell by telling them that persons of protected class are moving into their neighborhood (blockbusting or panic selling)

Promissory Notes

is the borrower's promise to pay a debt. Usually shows the amount of debt, rate of interest, and time and method of payment.


property manager

They have a longer agreement with the property owner and their job is more involved with the operation of the property after the tenants have occupied the property. Typical property management services include:

  • collecting rent
  • property maintenance and repair
  • managing the tenant mix and relationships
  • create a property management plan
  • create an operating budget
  • prepare monthly accounting including operating income statements
  • prepare year-end tax reports

Prorations

the division of financial responsibility between the buyer and the seller for such items as loan interest, taxes, rents, fuel and utility bills. They are necessary to ensure that expenses are divided fairly between the seller and the buyer.

Example: the seller may owe current taxes that have not been billed; the buyer would want this item settled at closing. When taxes must be paid in advance, the seller is entitle to a rebate at the closing. If the buyer assumes the seller's existing mortgage or deed of trust, the seller usually owe the buyer an allowance for accrued interest through the date of closing.


prospective appraisal

is a value estimate with an effective date sometime in the future. A prospective appraisal assignment would be one needed to determine value for construction build out purposes.

puffing

Exaggerated or superlative comments or opinions not made as representations of fact.

punitive damages

Exemplary court-awared damages to an injured party. The purpose of punitive damages is to punish the perpetrator, not to reward the injured party.


Purchase-money mortgage (PMM)

This always indicates seller financing. A seller may have the desire to take back a note rather than a lump sum payment for their property


Q

quantity survey method

is the most detailed of the cost estimating methods and from an academic perspective, it is therefore the most accurate. The quantity survey method is a detailed and itemized list of each component of the structure. Every piece of wood framing, every pound of nails, every door hinge, and every board of sheetrock is itemized.

quiet enjoyment

is a deed covenant that expresses the grantor’s promise that the grantee will be able to possess the property free of interference from the grantor or any other third parties. The promise means that no one will claim a superior right or title to the property.


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