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M

management agreement

An agreement between the owner and a management firm or individual that shows what the owner expects of the property manager and how the property manager will satisfy those expectations.


management plan

This plan includes the owner's goals of the property. This document is detailed and states what the manager wants to accomplish, how and when. They analyze three different factors while putting this plant together: owner goals, regional and neighborhood market, and the specific property. It also has a section on revenue and anticipated expenses.


market

is where buyers and sellers discover information about products and services offered, and voluntarily engage in transactions to buy and sell those products and services. Just about everything that is bought and sold has a market and most markets are defined by the product or service being exchanged such as the petroleum market, automobile market, housing market, etc.

market abstraction

An appraisal technique that allows appraisers to 'break down' real estate transactions into their component parts to identify the values associated with the individual components. Note that market abstraction can be used as a tool in a variety of ways in addition to finding depreciation. For example, it can also be used to find site values from analysis of improved property sales.

market rent

or economic rent, is described as the rent paid by the typical tenant to an owner where:

  • the parties are dealing at arms-length, and
  • the parties are well-informed or well-advised as to the usefulness of the property, and
  • the parties are typically motivated, and
  • where the rent paid is unaffected by special concessions.

market value

The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:

  1. buyer and seller are typically motivated; 
  2. both parties are well informed or well advised, and each acting in what he or she considers his or her own best interest;
  3. a reasonable time is allowed for exposure in the open market;
  4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and
  5. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.

marketable title

is subject to judicial interpretation but generally means that the property title is free from reasonable doubt as to who the true owner is; free from the probable claims of others; and that it is capable of being insured at standard title insurance rates.

mechanic's lien

A statutory lien created in favor of contractor's, laborer, and materialmen who have performed work or furnished materials in the erection or repair of a building.

meridian

One of a set of imaginary lines running north and south and crossing a base line at a definite point, used in the rectangular (government) survey system.

metes and bounds

means distances and directions. This is a way of describing a parcel of land by describing its boundaries. A metes and bounds description always has a starting point, called the point of beginning, and always ends at the same point of beginning.

metes-and-bounds description

A legal description of a parcel of land that begins at a well-marked point and follows the boundaries, using directions and distances around the tract, back to the place of beginning.

minimum level of service

some states are requiring licensees perform some minimum level of service to clients.

mistake

is a narrowly defined tool in contact law that recognizes parties have not reached mutual agreement or meeting of the minds if they are mistaken about a material aspect of the transaction. The mistake must be unintentional and not due to negligence or ignorance. A contract based on mistake would be void. A party cannot claim "mistake" to get out of a contract he or she signed.

Example: A seller has a piece of land for sale. A potential buyer visits the area but views the wrong lot. After entering into the contract the mistake is discovered and the contract is considered void. Neither party could be forced to perform as there was no ‘meeting of the minds’.


modified straight line

is used to estimate accrued depreciation for a single component or an entire structure and provides some improvement in accuracy over the straight line method as it allows a separate calculation for curable physical items and curable functional obsolescence.

In this method, the curable physical depreciation and the curable functional obsolescence is calculated first and then deducted from the cost new of the improvements before the applying the percentage of depreciation to the cost of the remaining incurable improvements. This method assumes that there is generally a uniform decline in value with time.

monuments

A fixed natural or artificial object used to establish real estate boundaries for a metes-and-bounds description.

mortgage

A conditional transfer or pledge of real estate as security for the payment of a debt. Also the document creating a mortgage lien.

mortgage disclosure improvement act (MDIA)

Effective date of July 31, 2009 changed how buyers and sellers, lenders, mortgage brokers, title agents, and real estate licensees prepare for closing. Lenders and licensees should consider the following:

  • three business days from loan application to provide the Loan Estimate (LE).
  • seven business days are required after receipt of the original LE, or a revised LE, before the loan can be consummated.
  • three business days must be allotted before the signing of loan documents, after the borrower receives the final closing disclosure
  • three business days will be added to the closing date if there has been a change to the CD resulting an increase to the APR.
  • in the event that the closing required corrections to the CD, the creditor must provide a corrected CD no later than 30 calendar days after receiving the corrected information.

Mortgage insurance premium (MIP)

FHA program is funded by borrowers through a mortgage insurance premium which amounts to an annual fee of .5 percent to 1.5 percent of the loan balance.


mortgagee

The lender in a morgage loan transaction.

mortgagor

The borrower in a mortgage loan transaction.

multiperil policies

insurance policies that cover multiple possible perils.

For example: fire, hazard, public liability, and casualty


multiple listing service (MLS)

a marketing organization whose broker members make their own exclusive listings available through other brokers and gain access to other brokers' listed properties as well.



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