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Q

quiet title

court action or process to remove any clouds or defects on title. It is a chance for anyone with claims on a property to bring it forward before the court declares or settles the legal owner.

quit claim deed

is a deed which provides no warranties. A quit claim deed is used to release any interest, if any, the grantor may have in the property and not have to make any warranties in doing so.

R

radon

A colorless and odorless gas produced from the decay of radioactive minerals in the ground. It is responsible for thousands of lung cancer deaths each year. In most states, brokers have to disclose any radon problems.


ready, willing, and able buyers

one who is prepared to buy property on the seller's terms and is ready to take positive steps to consummate the transaction.

real estate

is the land and the improvements - all that is permanently attached to it - either naturally (such as a tree) or by people (such as a building).

Although the land is commonly thought of as being the surface of the earth, it also includes the space above as well as everything below the surface. Theoretically, land extends from the center of the earth, through the surface of the earth and upward to infinity above the earth’s surface. As a practical matter though, the law imposes limitations and recognizes that land consists of the surface of the earth and everything below the surface to a reasonable depth; and everything above the surface to a reasonable height.


real estate cooperative

is a form of ownership where individuals or members form a business entity to acquire the ownership of the land and building. Although the physical appearance of the real estate is the same, the ownership interests are distinguished from other forms of ownership by the following:

  • Members of the coop own stock in the corporation – they do not own the real estate directly.
  • Taxes are assessed on the entire piece of real estate not on the individual units.
  • Mortgage or financing of the property is on the entire property not on the individual units.
  • Shareholders may experience difficulty obtaining a 'share' loan to finance equity using their stock and proprietary lease as security.
  • Members are obligated under Fair housing laws but can maintain control of new members by 'first right of refusal' on the sale of shares.

real estate education, research, and recovery fund

A state fund, supported either by part of the real estate licensing fees or by a special fee, used to promote real estate education and provide a source of financial relief for people injured by the fraudulent practices of a judgement-proof licensee.


Real Estate Settlement Procedures Act (RESPA)

a federal law, originally enacted in 1974, designed to fully advise buyers and sellers involved a real estate purchase of the full settlement costs. These disclosures prevented any participants in the transaction from charging kickbacks, fee-splitting, or referral fees that would elevate the costs for home buyers without their prior knowledge.


real property

refers to the “rights of ownership” in real estate. Often used interchangeably with real estate – and normally the distinction is not significant - but real estate refers to the land and improvements.

recording

is the process designed to provide a public system by which the ownership of real estate is reasonably ascertainable and thereby discourages or prevents fraudulent transfers.

For example, without a public record of real estate ownership, an unscrupulous tenant pretending to be the owner might be able to convince an unsuspecting purchaser to buy the property from him. Because of public records, the purchaser has the opportunity to examine ownership of the property and determine that the title is not held by the person claiming ownership. By examining the public records the purchaser can acquire the information and will be barred from claiming later that he did not know the seller was not the owner.


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