Hi everybody. This is Joe from PrepAgent and today we’re going to be going over vocabulary. Let’s get all set up. Make sure your computers are ready to go. And what we’re going to do today is we’re gonna go over some flash card review that we have on the PrepAgent website We’re also going to go over some vocabulary questions. I always emphasize the importance of knowing your vocabulary. Do not do the practice questions until you know your vocabulary, and when I say know it, I mean really know it. We have the vocabulary questions, which we’re going to go over today. We have the flashcards you can review, which we’re also going to go over today. We also have the outline that you could fill out on your own time. Filling it out – it’s a great exercise in memorizing vocabulary because it’s an active activity that forces you to stay focused. So without any further ado, let’s start tackling the vocabulary and we’re going to start with our flashcard review. Okay, so here we go. Hope we all had a good Mother’s Day by the way. Say Happy Mother’s day if you forgot. Okay. Ready to go. First word on the board is appraiser. Okay, so what I’d like you guys to do is try to define it in as few words as possible in the chat window. Okay Steven you got us started off well. Nice job, Steven Nix. And here we go. An appraiser: someone who estimates the value of property. Okay good. Now, I like the word estimate, all right, because the true value is the whatever a ready, willing, and able buyer pays for it. Okay. Narrative form appraisal report. narrative form appraisal report. In as few words as possible, what makes that different from all the others? The narrative form appraisal report. Nice job, Anne. So that would be the most comprehensive. Good job, Samantha. Okay, here it says the most detailed. By the way, what I’m doing here works great on your phone, if your waiting on line at the post office or somewhere else just going through these cards. I really recommend it. Intestate. Intestate. Okay, I see Samantha wrote “no will”. Amy wrote “no will”. It looks like all you guys seem to get this one. Without leaving a will, good job. What I really like that you guys are doing here is you’re using as few words as possible. If you could define something in two or three words that’s awesome, okay? Because if you’ve got to remember these long sentences, these long definitions, it gets convoluted and obviously it’s harder to remember, but a few words is perfect. So intestate: no will, nice job. Fee simple defeasible. Fee simple defeasible. Okay I see that word conditional. I love that. There’s a condition. Okay title is not absolute, but possibly may be annulled or voided at a later date. Okay, because that condition, for example, if you sell alcohol or if you have dogs when it violates a condition, then you could lose the property. What is the maximum degree of ownership? What’s that one called? What’s that one called that has the maximum degree of ownership? Good, fee simple absolute. Fee simple absolute. So a quick little review here for you guys. You have your freehold estates and less than freehold estates. The less than freehold estates are estate for years. Periodic tenancy, the estate at sufferance and estate at will. The freehold estates are your feasible absolute, feasible and defeasible and life estate. Got to know those. Duress. Duress. So what do you guys think of the word duress? Good, I love that: threatened forced, good job. So if you are under duress it would make a contract voidable. Good but the actual word here just means forcing one to do that which is not voluntary. So if you see a question that has the word threat, duress, force, that makes a contract voidable, not void. Why would it not make it void if you are under duress? Why would it make a contract voidable and not void if you are under duress? What do you guys think? Nice job, Jamie. It’s because you still would have the option to go through it. Somebody else’s actions of putting you under pressure should not stop your option of being able to go through with something. Good job, April. Statute of frauds. Statute of frauds. Okay, writing, writing, writing, good. Must be in writing. What’s the statute that has to do with time? What’s the statute that has to do with time? Limitation. Good job, Madeline. Good job. You guys are doing great today. Just out of curiosity, I want to get familiar with our audience here. I’d like everybody to write down what state you are from. Write down what state you’re from. Let’s see where everybody, where everybody’s from here. Now keep in mind, all these words were going over apply to every state. This is basic vocabulary for everybody’s exam. We purposely decided not to do state specific information here, so I weeded all that out and concentrating on things that apply to everybody. Woo, we got everybody from all over the country, good stuff. Also, just in case you want the introduction of who’s managing the chat my partner Arthur who’s always with us he’s on the chat window. So if you have questions and I’m talking he’ll be able to answer them because sometimes it’s difficult for me to leave the instruction and write at the same time, so Arthur’s there managing the chat. Arthur wave. Okay, here we go. So Henry’s question: is this good for studying for the state? It’s not — we will help you with information that applies to everybody. The state specific information is not what we’re going over right now. Obviously because we want to help everybody here. Okay, so the state specific. But there’s a lot of information here that applies to everybody and that’s what we’re focusing on here. No, matter what state you’re in, you have to know what the statute of frauds is. And you also have to know what an injunction is. Okay, what’s an injunction. So an injunction is a court order to… What do you guys think? A court order to… a court order to… Okay, it’s a court order to stop. It’s a court order to stop. All right, it stops you from doing a certain action. You see the official puffy stuffy definition? An order by a court preventing one from acting or restraining one from continuing some action. [inaudible] pearl, you asked can you go over the freehold and fee simple estate again, please? I’m happy to do that. Okay, so I want everybody to participate here. So when you are leasing, is that a less-than freehold estate or a freehold estate? Let’s start there: is that a less-than freehold estate or freehold estate what do you guys think? So when somebody’s leasing. Okay, good. That’s a less-than freehold estate. Okay There’s four types of less than freehold estates. Can you guys name them? Let’s see who here can name the less than freehold estates? Less-than freehold estates. Estate for years – boom! That’s one. Then you’ve got periodic tenancy, estate at will and estate at [inaudible]. Estate for years is the one that’s for a definite period of time. So if you have two dates like May 1st, April 8th that’s an estate for years. Periodic tendencies it’s things like month-to-month. The state at will means you could leave at any time. And state at [inaudible] means somebody’s staying past the time. Your dead lieutenant; somebody who won’t leave. Freehold estates you have fee simple absolute, which is the maximum degree of ownership and the only thing that you have to worry about there is taxes so you don’t have total free reign over the property. You have the gun at regulations. So you have feasible absolute which is also known as the state and fee or a fee estate. Okay, the next one you have is that fee simple defeasible, which we went over before and that just means you have the estate that it can be terminated upon the happening of a certain event. That event would be called the condition, it can, if you violate a condition you lose the property. And you have a life estate, which is ownership based upon the duration of somebody else’s life. When that person dies, the estate terminates. And those are types of freehold estates. How is that for a quick summary of freehold and less than freehold estates? Good? Give me a thumbs up if that was pretty good. Okay, to the next one. Emblements. What are emblements? Okay, emblements: annual crops produced for sale. Be very careful with emblements. People ask if it’s personal or real property and the truth is it depends if it’s a landlord tenant or buyer-seller relationship. Okay, very important if it’s landlord tenant, they’re personal property. If its buyer-seller it’s real property. Okay, so that one tricks people quite a bit. Abandonment. This isn’t just real estate vocabulary, this is what vocabulary we deal with in our life. Everyday english vocabulary, abandonment. What does it mean if you are abandoned? The voluntary relinquishment of rights of ownership or of another interest, meaning you just got up and left, you walked away. Perfect. You see that a lot when they ask about leases. Puffing. What is puffing? Puffing: I am the greatest real estate instructor on the face of the earth. That’s an exaggeration. I may be great, but I don’t know if I’m the greatest …maybe I am, who knows. Okay it’s not lying, but it’s close. Perfect, Rose. You see this all the time in real estate. When people walk into the house and they’re like, “Oh my god, is that a door? That’s the greatest door I’ve ever seen. Did you design this? That’s amazing. What an amazing house. I love it so much. Greatest house on the block. Totally awesome.” Okay real estate agents are guilty of this all the time just go to any open house on a Sunday and you’ll see puffing left and right. Here we go. Deed. What’s that one? This is a super important one Evidence of transfer. A legal document transferring some type of property. Now, some states use grant deeds more, some states use warranty deeds, all of you guys use quick claim deeds. Okay, but the basic premise no matter where you are is deeds are evidence of the transfer, okay. What is title? So deed is evidence of a transfer, what’s title evidence of? What do you guys think? Ownership, great job. Okay, you guys did great here. So now we’re gonna switch it up and we’re gonna start do some questions. Who’s ready for some questions? Some multiple-choice questions based upon this vocabulary we just did. You guys ready? If you’re ready, say ready, or right, ready, don’t say anything, nobody will hear you. Okay let’s get some vocabulary going. All right, here we go. Personal property that is attached to real property and is legally treated as real property: A. fixture, B. chattels, C. joists, D. flashings A. fixture. Now, I want everybody know, this will probably be a little easier for you than the actual questions but that’s by design. You’ve got to think of it as stages. You have to master this before you do the actual practice questions that are more simulated to your exam. So these ones, I’m hoping you guys can get really quickly, boom fixture or whatever the next answer is. So you can answer it really easily. So by design it’s a little easier, but my challenge for you guys is to be able to get it that much quicker with these ones. One who grants property or property rights: A. grantus, B. grantie C. grantor or D. grantee Remember grantor gives, grantee receives. I saw Laurie asked me about practice and disclosures. I can do one about that. That’ll be another day we’ll do that. Just check our schedule and we will see when we’ll do that but that’s something I’m happy to do. Yeah, we’ll do practice and disclosures. Practice and disclosures we don’t hit on as much because that has more state specific information. It’s as I said before, in these group webinars, I really try and go over things that applies to everybody. Okay and one thing that applies to everybody is this OREE rule Okay, so you see these OR, so you need to have no idea what this is about, okay OR, what’s that? What does the OR mean to you? What do you guys think? What’s that OR all about? Giver, good. Remember, hopefully you guys could do this rhyme: lessor, vendor, optionor, grantor’s the givor, the propitor for your pleasure The other one Lessee, ventee grantee, vendee, gives me property, makes me happy. I know it sounds ridiculous it totally does but when you’re taking your exam and every else is struggling and you’re going “lessee, ventee grantee, happy” and you pass you’ll be totally excited. You’re like haha screw all you people I knew it. You guys didn’t. Okay, here we go. Next one. The quotient of the sales price divided by the gross rent. A. income property, B. hypothecation, C. cap rate, D. gross rent multiplier. Okay and the answer here: gross rent multiplier, good job guys. So why do we have a gross rent multiplier? Because when you’re looking at properties that you want to rent out you don’t care about the price of the property and you don’t care about the rental amount. You care about how that price of the property relates to the rent amount and that’s where that gross rent multiplier comes in. For example, if it’s a million dollar property that brings in a thousand dollars a month, you’re not that excited. But if it’s a hundred grand property that brings in a thousand dollars a month, you’re a little more excited. That’s an obvious example, but when the numbers get a little more tricky, you need a formula and that formula is called the gross rent multiplier. Now, on your exam, I need you guys to be careful of something. If they’re asking about monthly gross rent multipliers or annual gross rent multipliers. And by the way, many of you will say stuff on this exam does not apply to what I do in real life. This absolutely does. You should absolutely know how to do a gross rent multiplier when you have clients in real life. Okay, monthly gross rent multipliers are high numbers from like 80 to 120. Annual our numbers like 5 to 20; much smaller numbers, okay. Does everybody understand that? So if you have a $100,000 property and they give you a monthly amount of $1,000, but they want an annual gross rent multiplier, what do you need to do to that thousand dollar number, that thousand dollar monthly rent, before you could figure out the gross rent multiplier? Okay, so what you would to do is multiply it by 12. Okay, multiply it by 12. If what I said is confusing there, I did a video on this which explains it perfectly. Not perfectly, that would be puffing, excuse me. Explains it very well and you can look it up and we go through many examples and scenarios of when to use gross rent multipliers. Okay, let’s move on. Without leaving a will: A. testated, B. untestate, C. intestate, D. testate. The answer is C, good job. The evidence one has of right to possession of land: A. deed, B. title, C. estoppel, or D. eminent domain. Okay and the answer… Title. Okay, remember: deed is evidence of a transfer. Title is ownership. All right. Now, I see a word here I want to go over. The word eminent domain. Eminent domain is one of the four government powers. Can you guys tell me what the other three government powers are? Just four government powers you need to know for your exam. What are the other three? Police power, eminent domain, taxation and [inaudible]. Remember the word pete, the word pete, good. And Lori asked me, “is a deed just evidence of a transfer?” Yeah, that’s what it is. Now, there’s different forms of that. You have quick claim deeds, warranty deeds, general warranty deeds, special warranty deeds, trust deeds, grant deeds. So a lot of different types of deeds, but at its core, yeah, it’s evidence of a transfer. For example, when you pay off your loan and everything’s all done, you’ll get a reconveyance deed which reconvey is the property back to you. It transfers that legal title back to you. But before you know any of that you’ve got to know a deed is evidence of the transfer or else all that other stuff will be very confusing. And that’s the point I want to make as you guys are studying. Please study in stages. Be careful to try and learn the more complicated information before you know the basic information. Okay, if you don’t have that foundation everything will just seem really confusing. Okay, let’s move on to the next one. Having written a last will and testament: A. intestate, B. testated, C. testate, and D. testatum. Okay, so if you got the last one right about intestate you should know that this is testate. Okay, somebody asked me about cost approach. The chat went pretty quickly but I did see somebody ask me about that relating to a library. So let me just review that very quickly for you guys. So, you have different forms of appraisal: market data approach, cost approach. You have the capitalization income approach. And you can also use the gross rent multiplier to figure out formulas like we discuss. The market data approach is just when you compare other properties just like yours. Every day when you walk outside on a Sunday, if you own a house and you see the other open houses, you look at somebody’s house and you see their house is five hundred grand and everybody goes like this: they say that one is five hundred grand. Well, their carpet’s terrible. I don’t know who designed the living room there. Mine is clearly worth six hundred grand then. You came up with that six hundred grand number because you compared your properties to there and obviously you think … you think that yours is way better. That’s the market data approach. Income approach converts income into value. In the last one that cost approach is basically how much would it cost to build it brand new? Okay. When do you use that? When you have nothing to compare it to and when there’s no income to speak of. So what type of buildings is that? Well, that would be like the library that I was just asked about. That library you would use the cost approach because there’s no income and the next library is a whole ‘nother town over more often than not. So that’s when you use the cost approach. Use it for police stations, schools, all those types of buildings that don’t have income and don’t have comparables. Do you guys still go to libraries? I feel like nobody uses a library anymore because of the internet. I don’t know what you guys think. Or maybe you guys are in a library right now studying. Okay, here we go. Yes, you use a cost approach to sell an old library to answer, Michelle, your question. Okay, having no legal force or binding effect: A: voiden, B. void, C. voidable, or D. voidus. You’re welcome, Michelle. And the answer is void. A contract is void when it is lacking one of the four essentials of a valid contract. So my question, obviously, to you guys will be, what are the four essentials to a valid contract? What do you guys think? What are the four essentials to a valid contract? Can you guys write that? What are the four essentials to a valid contract? Offer and acceptance, boom. Also, known as mutual consent or agreement. That’s one. Legal purpose. Consideration. [inaudible] So you got your offer and acceptance, your purpose, consideration, and competent parties, nice job. Good job there. If any one of those are lacking, the contract is void. Okay, this one’s a little harder. Laws enacted to promote free competition by prohibiting agreements to limit competition. In real property businesses, for example, setting a “standard” commission for all brokers to charge would be a violation. A. fair housing laws, B. equal opportunities laws, C. right to practice laws, or D. antitrust laws. Okay the answer here is D. Everybody should know this. Ok, these are federal laws. So if you’re ever wondering which laws are state laws or which laws apply to everybody, whenever you see the word federal law, those apply to everybody Sherman Antitrust Act is a federal law and is there to promote free market competition. What does that mean? You can’t have things like price fixing, which is what they’re talking about here if they say “standard commission in our area six percent”…excuse me… antitrust violation, okay. If you say “I’m going to take the south side of town. You don’t come over here. You go on the north side of town. I won’t go to your area.” That’s an antitrust If you see a new agent and all the old agents say “hey, nobody talk to him. I don’t like him. Screw the new guy. We’re all going to stick together. Nobody work with him.” That would be a violation of antitrust laws. Just remember, Sherman Antitrust Act has to do with free market competition. Yeah, my last example it would be like group boycotting. An encumbrance against property for money, either voluntary involuntary: A. situs, B. lien, C. waiver, or D. burden. Okay, the answer is lien. Now, what’s the difference between a voluntary and involuntary lien? Or better yet, give me an example of a voluntary lien and an involuntary lien. Can you guys do that? Give me an example of a voluntary lien and involuntary lien. So mortgage would be a voluntary lien. Okay, an involuntary lien would be… give me an example of that. Yeah, a court order, something not wanted like a mechanic’s lien or taxes. Good. A lien created by statute for the purpose of securing priority of payment for the price or value of work performed and materials furnished in construction or repair of improvements to land, and which attaches to the land as well as the improvements. A. assessment lien, B. judgement lien, C. mechanic’s lien, or D. tax lien The answer would be mechanic’s lien. A contract formed by the actions of the parties rather than by their written or oral agreement. A. implied contract, B. express contract, C. voidable contract, or D. void contract. This is that old saying, “looks like a duck, walks like a duck, acts like a duck, must be a…contract.” Implied contract, there you go. One of my favorite examples of an implied contract is when you sit down at a restaurant and they bring you the bill can you say, “I’m not paying for this. I never signed anything. No. Nope, not doing it.” No. It’s implied that when you sit down and you see the menu, you’re aware of the price, you order and you owe that amount of money. That’s an implied contract. Appraising the value of a property by comparing the price of similar properties. A. cost approach, B. approach of substitution, C. income approach, or D. market data approach? Good, D. market data approach, excellent. May be voided, but not void in itself. Voidus, voidable, executory, or voiden? Okay, the answer: voidable. Give me an example of something that we went over today that would make a contract voidable. Give me an example of something we went over today that would make a contract voidable. Good, duress. Great job, everybody. Hey here we go The person who transfers property by sale. Another word for “seller”. Commonly used in land contract sales. A. trustor, B. vendor, C. trustee, D. vendee. Excuse me. Good. Usually title without ownership rights, such as title placed in a trustee under a deed or trust, or the title in a vendor under a land contract. A. legal title, B. equitable title, C. voidable title, or D. absolute title. Think we’re gonna have to review this one. Okay a lot a lot of you went with equitable title, so let’s talk about the difference between legal title and equitable title, okay. So when you…, well first of all, what is equity? Let’s talk about that. What does equity mean? Equity is that interest in the property above and beyond all liens against it. Yeah, that’s the money you get when you sell the property. The money you could go buy a cookie with. Equity also means the right to possess. Okay, so essentially equity, alright, is the, is the form ownership you have when you get a loan. The bank lends you money but you have equitable title, alright. Legal title is the right to sell the property. So a vendor or under a land contract, okay, they have the right to sell the property. A vendor is essentially there making the loan to the buyer. They’re taking the bank out of it. But if you don’t pay them, they have the right to sell. Legal title’s the right to sell. Equitable title’s the right to use and possess and gain equity. Okay. Does that make sense? So, I know legal title sounds like the true owner, but they’re really the ones who have the right to sell it upon the happening of a certain event such as not paying the loan. Okay, equitable title is more of that true ownership that you experience when you buy your first home and get a loan for a bank. When you pay off your loan then the bank will issue that reconveyance deed and you’ll get legal title and you’ll have everything. I hope that helped everybody. A listing under which a real estate agent receives any amount over a given net amount to the seller. A. exclusive listing, B. net listing, C. non-exclusive listing, or D. open listing. Okay, and the answer is… net listing. Now, this is illegal in most states because there’s a conflict of interest there, but still you have to know the definition of it no matter what state you’re in. You have to know what a net listing is. And it’s when you get a certain amount above and beyond a designated price. So if I say I’m selling a property for 500 grand, if I seek at 520, I make 20 grand, I get 550, I get 50 grand. Okay. Now, I believe Stephen asked me, is a title ownership? Yes, title is ownership, but there’s a lot more details. There’s different types of title that serve different purposes for different types of ownership, different types of interest in the property and that’s when you get into things like legal title and equitable title Okay. Yeah, I see Courtney says it’s illegal in Alabama. It’s definitely illegal in most states, but you still have to know what the definition is here. Ok let’s do one more. Ok, this relates to what we just spoke about. I’m gonna do this again because a lot of you guys got it wrong before but, now we’re all gonna get it right. Usually title without ownership rights, such as the title placed in a trustee under a deed or trust, or the title in a vendor under a land contract. A. absolute title, B. voidable, C. equitable, or D. legal title. Ok, good, now we’re getting it. Now we’ve got D. Good job. Let’s do one more. Belonging or relating to the bank of a river or stream. A. littoral, B. avulsion, C. deciduous, or D. riparian. Good, remember, riparian river, reparian river, littoral lake, littoral lake. Okay, great job. Great day today. Great group of people. I would like you guys to help each other out. A lot of you guys are nervous about the exam. Can you write in the chat window anything you guys think are helpful to others that you are doing to help yourself relax for the exam. Let’s end it on that positive note today. Some of you guys do yoga. Some of it’s meditation. Some of its depending on the time they study. What are you doing to help yourself calm the nerves before your exam, because most of us have not taken exams for a really long time and this is scary stuff and understandably so. Oh, Jack Daniels. My brother said that should have been the rightful name of his third child, Jack Daniels. A little hiking, get out the energy. Verbal affirmation – I got this – that works. Good, study a little vocabulary. So let me give you guys…so those are all great things. One thing I want you guys to remember is so many people focus on the exam so much and that causes so much stress, all right is, I want you guys, to remember the exam is not the end goal, the exam is selling real estate. Okay, excuse me, the goal is selling real estate. The goal is not passing the exam. And what I mean by that is you’ll find people who will pass the exam quickly but it takes them so long to get a deal. They’re just not serious about the business or they have challenges with it or there’s different scenarios that are creating obstacles for them. And there’s other people who take a long time to pass but sell right when they’re getting out of the gates. It all depends where your skill set is. We all have challenges in different parts of our lives, but sometimes people lose focus on the bigger goal and that causes a lot of stress. The other thing, if you’re somebody is taking a long time to study, I want you guys to remember there’s stuff you could do to prepare for selling real estate while you’re studying. Okay, obviously you can’t sell real estate and you can’t solicit business. But you could start to get some of your market material ready. Get things ready so when you do pass you’re ready to sell and you’re faster towards the real true goal than others are who may have passed earlier than you did. So it’s just different things to relax and stay you know calm as you’re studying for this exam Okay, so with that being said, This is Joe from PrepAgent. Okay, and I hope to see you guys soon. It was nice to see everybody and we’ll be doing this again throughout the week. We’ll be doing it tomorrow, Wednesday, Thursday, Friday, going over different topics. And other than that, have a great day, bye.