CALL PROVISIONS Clauses in a loan that give the lender their right to accelerate the debt upon the occurrence of a specific event or date.
CAM Certified Asset Manager.
CANCELLATION CLAUSE A contract provision that gives the right to terminate obligations upon the occurrence of specified conditions or events.
CAP IU adjustable rate mortgages, a limit placed on adjustments to protect the borrower from large increases in the interest rate or the payment level.
CAPACITY OF PARTIES One of the requirements for a valid contract. Parties with less than full capacity include minors, the mentally insane, and those who are intoxicated.
CAPITAL ASSET An asset defined in Section 1221 of the Internal Revenue Code that once received favorable tax treatment upon sale. Excludes inventory, property held for resale, property used in a trade or business, copyrights in certain instances, and certain U.S. government obligations.
CAPITAL CALLS Additional money to be invested by equity owners to fund deficits in construction costs or operating costs.
CAPITAL EXPENDITURE An improvement (as distinguished from a repair) that will have a life of more than one year. Capital expenditures are generally depreciated over their useful life, as distinguished from repairs, which are subtracted from income of the current year.
CAPITAL GAIN The taxable income derived from the sale of real estate. In real estate sales it is equal to the sales price less the costs of sale, adjusted basis and suspended losses.
CAPITAL IMPROVEMENT Same as CAPITAL EXPENDITURE.
CAPITAL LOSS Loss from the sale of a capital asset.
CAPITALIZATION A process of determining the value of real property in which project income is divided by a predetermined annual rate (capitalization rate). For example, a building with annual projected income of $100,000 is worth $1,000,000 at a 10 per cent capitalization rate ($100,000/10%/$1,000,000).
CAPITALIZATION RATE The rate that is considered a reasonable return on investment (on the basis of both the investor?s alternative investment possibilities and the risk of the investment). Used to determine t\and value real property through the capitalization process. Also call ?free and clear return?.
CAPITALIZE (1) To estimate the present lump sum value of an income stream. (2) To set up the cost of an asset on financial records.
CAPITALIZED VALUE The value estimated by converting an income stream into a lump sum amount.
CAPTURE RATE The sales or leasing rate of a real estate development compared to the sales or leasing rate of all developments in the market area.
CARRYING CHARGES Various costs that are incidental to property ownership (e.g., taxes, insurance costs and maintenance expenses).
CARRYOVER BASIS In a tax-deferred exchange, the adjusted tax basis of the property surrendered that is used to determine the tax basis of the property acquired. See basis (tax).
CASH EQUIVALENT The conversion of the price of property that sold with either favorable or unfavorable financing into the price the property would have sold for had the seller accepted all cash in the transaction.
CASH FLOW AFTER TAXES (CFAT) The periodic amounts of money received by an investor after taxes from the operations of a real estate investment.
CASH FLOW BEFORE TAXES (CFBT) The periodic amounts of money received by an investor before taxes from the operations of a real estate investment.
CASH FLOW MODEL The framework used to determine the cash flow from operations and the cash proceeds from the sale.
CASH FLOWS Investment dollars generated by one of two methods: current income received periodically (rents, dividends, etc.) or cash proceeds received upon the sale of an investment (reversion).
CASH METHOD a method of accounting based on cash receipts and disbursements. Contrast accrual method.
CASH-ON-CASH A simple return measure which gives a percent.
age by dividing the cash flow before taxes by the initial investment in the property. The same as an equity dividend rate.
CASH PROCEEDS FROM SALE The sale price less costs of sale, mortgage balances and the tax liability on the sale. AKA Sales proceeds after taxes.
CASH THROW-OFF Same as cash flow.
CAVEAT EMPTOR "let the buyer beware." The buyer must examine the goods or property and buy at his own risk, except for latent defects.
CAVE PEOPLE "CAVE" stands for "Citizen's Against Virtually Everything". Cave People are basically "no growthers" who show up to protest real estate projects under any guise they can find. They rarely work to form solutions but rather oppose. They are an extremely high maintenance group from the municipal and development perspective.
CCIM Certified Commercial Investment Member.
CD certificate of deposit.
CENTRAL BUSINESS DISTRICT (CBD) The downtown section of a city, generally consisting of retail, office, hotel, entertainment, and governmental land uses with some high density housing.
CERTIFICATE OF DEPOSIT (CD) A type of savings account and that carries a specified minimum deposit and term and generally provides a higher yield than passbook-type savings accounts.
CERTIFICATE OF ELIGIBILITY A certificate issued by the Veterans Administration to those who qualify for a VA loan.
CERTIFICATE OF INSURANCE A certificate issued by an insurance company to verify the coverage.
CERTIFICATE OF NO DEFENSE Same as estoppel certificate.
CERTIFICATE OF OCCUPANCY A certificate issued by a local government building department or agency stating that a building is in a condition suitable for occupancy. Sometimes also called a "C of O" or a Non-Residential Use and Occupancy Permit (NON-RUP).
CERTIFICATE OF REASONABLE VALUE A certificate issued by the Veteran's Administration, based on an approved appraisal. Establishes a ceiling on the maximum VA mortgage loan principal.
CERTIFICATE OF TITLE An opinion rendered by an attorney as to the status of title to a property, according to the public records.
CHAIN A linear unit of land measurement used in surveying: 66 feet in length. Each chain consists of 100 links.
CHAIN OF TITLE A history of conveyances and encumbrances affecting a title from the time that the original patent was granted, or as far back as records are available. See abstract of title, certificate of title.
CHAPTER 11 A section of the Federal Bankruptcy Code dealing with business reorganizations. A separate section, referred to as Chapter 7, deals with business liquidations.
CHATTEL Personal property. Anything owned and tangible, other than real estate.
CHATTEL MORTGAGE A pledge of personal property as security for a debt.
CLASS LIFE The useful economic life of an asset.
CLEAR SPAN FACILITY A parking structure with vertical columns on the outside edges of the structure and a clear span between columns, making it unnecessary for vehicles to maneuver between columns.
CLEAR TITLE a marketable title; one free of clouds and disputed interests.
CLIENT The one who engages a broker, lawyer, accountant, appraiser, etc.
CLOSED-END MORTGAGE A mortgage loan whose principal amount cannot be increased during the pay-out period; contrast with open-end mortgage.
CLOSING (1) The act of transferring ownership of a property from seller to buyer in accordance with a sales contract. (2) the time when a closing takes place.
CLOSING COSTS Various fees and expenses payable by the seller and buyer at the time of a real estate closing (also termed transaction costs).
CLOSING DATE The date on which the seller delivers the deed and the buyer pays for the property.
CLOSING STATEMENT An accounting of funds from a real estate sale, made to both the seller and the buyer separately. Most states require the broker to furnish accurate closing statements to all parties to the transaction.
CLOUD ON THE TITLE An outstanding claim or encumbrance that, if valid, would affect or impair the owner's title. Compare clear title.
CLUSTER HOUSING A subdivision technique in which detached dwelling units are grouped relatively close together, leaving open spaces as common areas.
CODE OF ETHICS A statement of principles concerning the behavior of those who subscribe to the code.
CO-INSURANCE A clause in an insurance policy stating the minimum percentage of value to be insured in order to collect the full amount of loss.
COLD CANVASS The process of contacting homeowners in an area in order to solicit listings.
COLLAPSIBLE CORPORATION A term that applies to some corporations that are dissolved within 3 years. The IRS treats gain on the sale or liquidation of the corporation as ordinary income to the stockholder.
COLLATERAL Property pledged as security for a debt.
COLLATERALIZED MORTGAGE OBLIGATION (CMO) A security backed by a pool of mortgage loans that may be separated into various classes with varying maturities. Note that REMICS, introduced by the Tax Reform Act of 1986, are the standard vehicle for investing in mortgage instruments.
COLOR OF TITLE That which appears to be good title but is not.
COMMERCIAL BANK A financial institution authorized to provide a variety of financial services, including consumer and business loans (generally short-term), checking services, credit cards and savings accounts. Certain deposits, at most commercial banks, are insured by the Federal Deposit Insurance Corporation. Commercial banks may be members of the Federal Reserve System.
COMMERCIAL BROKER One who lists and sells commercial property, which may include shopping, office, industrial, and apartment projects. Contrast residential broker.
COMMERCIAL PROPERTY Property designed for use by retail, wholesale, office, hotel, or service users.
COMMINGLE To mingle or mix, such as the deposit of another's money in a broker's personal account.
COMMISSION (1) An amount earned by a real estate broker for his services. (2) The official body that enforces real estate license laws.
COMMISSIONER The head administrator of the State Real Estate Commission.
COMMISSION SPLIT The arrangement of sharing commissions earned between a sales agent and sponsoring broker, or between the selling broker and listing broker.
COMMITMENT A pledge or promise to have the requested loan funds available at closing.
COMMITMENT FEE A charge required by a lender to lock in specific terms on a loan at the time of application.
COMMITMENT LETTER An official notification to a borrower from a lender indicating that the borrower's loan application has been approved and stating the terms of the prospective loan.
COMMON AREA The total area within the shopping center or a property that is not designed for rental to tenants but that is available for common use by all tenants or groups of tenants, their invitees, and adjacent stores. Parking and its appurtenances, malls, sidewalks, landscaped areas, public toilets, truck and service facilities, and the like are included in the common area.
COMMON AREA CHARGES Include income collected from tenants for operating and maintaining items pertaining to common areas. Shopping center leases usually contain a clause requiring the tenant to pay its share of operation and maintenance on common areas and defining the basis on which charges are made and the type of cost items allocable to maintenance of the common area. Of the ways to prorate the charges among tenants, the most common are (1) A prorated charge based on a tenant's leased area as a portion of the total leasable area of the center or the linear exposure in store frontage. (2) A fixed charge for a stated period, and (3) A variable charge based on a percentage of sales. Some centers include a cost-of-living increase in the common area charges.
COMMON ELEMENTS In a condominium, those portions of the property not owned individually by unit owners but in which an indivisible interest is held by all unit owners. Generally includes the grounds, parking areas, recreational facilities, and external structure of the building.
COMMON LAW the Body of law that has grown out of legal customs and practices that developed in England. Common law prevails unless superseded by other law.
COMMUNITY ASSOCIATION General name for any organization of property owners to oversee some common interest. In a condominium or planned unit development, the association has the responsibility of managing the common elements in the project. A homeowners' association may be established in a subdivision to enforce deed covenants.
COMMUNITY PROPERTY Property accumulated through joint efforts of husband and wife and owned by them in equal shares. This doctrine of ownership now exists in Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and Washington State.
COMMUNITY REINVESTMENT ACT A federal law that requires federal regulators of lending institutions to encourage lending within the local area of the institution, particularly to low- and moderate-income residents and those residing in inner-city neighborhoods.
CO-MORTGAGOR One who signs a mortgage contract with another party or parties and is thereby jointly obligated to repay the loan. Generally a co-mortgagor provides some assistance in meeting the requirements of the loan and receives a share of ownership in the encumbered property.
COMPARABLES Recorded sales of properties similar in size, use, construction quality, age, and often located within the same sub-market used as comparisons to determine the fair market value of another particular property.
COMPARATIVE SALES APPROACH Same as market comparison approach.
COMPARATIVE UNIT METHOD An appraisal technique to establish relevant units as a guide to appraising the subject property-
COMPARISON METHOD Same as market comparison approach.
COMPETENT PARTIES Persons legally capable of entering a contract Must be of legal age, not be insane or a drunkard.
COMPETITIVE SPACE Space in office buildings which contain or are intended to contain more than one occupant. In addition to the multiple tenant criterion, typical characteristics of Competitive Space include: tenants generally have short-term leases (10 years or less) and the interior of the building is not designed with one organization in mind but rather to accommodate the widest variety of tenants.
COMPLETION BOND A legal instrument used to guarantee the completion of a development according to specifications.
COMPOUND INTEREST Interest paid on the original principal and also on the unpaid interest that has accumulated.
COMPONENT DEPRECIATION Dividing real estate improvements into various parts such as the roof, plumbing, electrical system, and shell, then depreciating each component separately for tax purposes.
COMPOUND AMOUNT OF ONE PER PERIOD The amount that a series of deposits of $1.00 per period would grow to if left on deposit with interest allowed to compound.
COMPOUNDING A type of calculation in which interest earned is re-invested and earns additional interest.
COMPS Appraisal term, short for comparables.
CONCESSIONS Cash expended by the landlord in the form of rent abatement, build-out allowance, or other payments to induce the tenant to sign a lease.
CONDEMNATION The process by which private property is taken by a governmental agency for public use without the consent of the owner, but only upon payment of just compensation. See also EMINENT DOMAIN.
CONDITION(S) Provision(s) in a contract that some or all terms of the contract will be altered or cease to exist upon a certain event.
CONDITIONAL COMMITMENT An agreement by a lender to provide a loan to a qualified borrower, within a specified time period, but without stating who the borrower will be.
CONDITIONAL OFFER Purchase contract tendered to the seller that stipulates one or more requirements to be satisfied before the purchaser is obligated to buy.
CONDITIONAL SALES CONTRACT A contract for the sale of property stating that the seller retains title until the conditions of the contract have been fulfilled.
CONDOMINIUM A system of ownership of individual units in a multiunit structure, combined with joint ownership of commonly used property (sidewalks, hallways, stairs, etc.)
CONDOMINIUM OWNERS ASSOCIATION An organization of all unit owners in a condominium to oversee the common elements and enforce the by-laws.
CONFORMING LOAN A mortgage loan that is eligible for purchase by FNMA or FHLMC.
CONFORMITY PRINCIPLE An appraisal principle that holds that property tends to reach maximum value when the neighborhood is reasonably homogeneous in social and economic activity.
CONSIDERATION Anything of value given to induce entering into a contract; it may be money, personal services, a product etc.
CONSIGNMENT In real estate finance, the process in which the FSLIC replaces the management of an insolvent savings and loan association, but allows the association to continue operating. Example: Under the Southwest Plan, many savings and loan associations in Texas were placed under a consignment program, in which experienced managers from other S&Ls were recruited to run the associations under federal supervision.
CONSTANT Same as mortgage constant.
CONSTANT ANNUAL PERCENT Same as mortgage constant.
CONSTANT PAYMENT LOAN A loan on which equal payments are made periodically so as to pay off the debt when the last payment is made. See level payment mortgage, variable payment plan.
CONSTRUCTION LOAN One that finances subdivision costs and/or improvements to real estate.
CONSTRUCTION MANAGEMENT Construction supervision by a qualified manager.
CONSTRUCTIVE EVICTION The legal term describing a situation in which a lessor's breach of a lease contract causes the lessee (tenant) to cancel the contract and vacate.
CONSTRUCTIVE NOTICE The law presumes that everyone has knowledge of a fact when the fact is a matter of public record.
CONSTRUCTIVE RECEIPT (1) For tax purposes, the right to receive money that would be taxable and is taxable, even if receipt is postponed. (2) In real estate exchanges, the receipt of cash or other non-like-kind property or the acquisition of the right to use or benefit from such cash or property during an exchange transaction.
CONSUMER PRICE INDEX (CPI) A federal government index that measures the change in the cost of a variety of goods and services. Used in loans, purchase agreements and leases as a measure by which to adjust future payments to reflect inflation. Also called "Cost of Living Index".
CONTIGUOUS SPACE Adjoining office space.
CONTRACT An agreement between competent parties to do or not to do certain things for a consideration.
CONTRACT DOCUMENTS The design plans and specifications for construction of a facility. Working drawings that detail for the contractor the exact manner in which a project should be built. See also SPECIFICATIONS and WORKING DRAWINGS.
CONTRACT FOR DEED Same as LAND CONTRACT.
CONTRACT RENT Rent paid under a lease. The actual rent as opposed to the market rental value of the property.
CONTRACT OF SALE Same as agreement of sale.
CONTRACTOR One who contracts to supply specific goods or services, generally in connection with development of a property.
CONTRACT PRICE (TAX) In an installment sale, for tax purposes, generally the selling price less existing mortgages assumed by the buyer.
CONTRACT RATE Same as face interest rate.
CONTRACT RENT The amount of rent that has been set forth in a contract. Contrast with economic rent.
CONTRIBUTION A principle of valuation that states that the value of any portion of a property is determined by how it affects the performance of the total property. Therefore, a property is considered a combination of features, each of which adds something to the total value based on its contribution to the property's usefulness.
CONVENTIONAL LOAN (1) A mortgage loan other than one guaranteed by the Veterans Administration or insured by the Federal Housing Administration. (2) A fixed-rate, fixed-term mortgage loan.
CONVERSION (1) Changing property to a different use or form of ownership, such as when apartments are transformed to condominiums. (2) The taking away of property that belongs to another person. See also involuntary conversion. (3) A change in the ownership form of a savings and loan association.
CONVERTIBLE ARM An adjustable rate mortgage that offers the borrower the option to convert payments to a fixed-rate schedule at a specified period within the term of the loan. Conversion is made for a nominal fee, and the interest rate on the fixed-rate loan is determined by a rule specified in the ARM loan agreement.
CONVEY To deed or transfer title to another.
CONVEYANCE Most commonly refers to the transfer of title to land between parties. The term may also include most of the instruments by which an interest in real estate is created, mortgaged or assigned.
CO-OP (1) An arrangement between 2 real estate agents that generally results in splitting the commission between them. (2) A type of housing in which each tenant is a shareholder in a omission.
COOPERATING BROKER One who agrees to share the commission with another broker.
COOPERATIVE A type of corporate ownership of real property whereby stockholders of the corporation are entitled to use a certain dwelling unit or other units of space. Special income tax laws allow the tenant stockholders to deduct interest and property taxes paid by the corporation.
CORE FACTOR The percentage of common areas in a building (rest rooms, hallways) that, when added to the net usable square footage equals the net rentable square footage. May be computed for a building or floor of a building. A "Loss Factor" or "Load Factor" is calculated by dividing the rentable space footage by the usable square footage. See also DESIGN EFFICIENCY.
CORPORATION A legal entity properly registered with the secretary of state. Can have limited liability, perpetual life, freely transferable shares, and centralized management.
CORPOREAL Visible or tangible real or personal property. Example: Buildings, pavement, fences, and the like are corporeal Easements are incorporeal.
COSIGNER Same as accommodation party.
COST The actual dollar amount paid for a property or the amount needed to build or improve it at a specific time in the future.
COST APPROACH A method of appraising real property whereby the replacement cost of a structure is calculated suing current costs of construction.
COST ESTIMATING In construction, the act of predicting the total costs of labor, materials, capital, and professional fees required to construct a proposed project.
COST OF LIVING INDEX An indicator of the current price level for goods and services related to some base year.
COST-PLUS-PERCENTAGE CONTRACT An agreement on a construction project in which the contractor is provided a specified percentage profit over and above the actual costs of construction. These contracts are considered poor business practice because the contractor has little incentive to hold down costs. A cost-plus-fixed-fee contract is a better approach.
COST RECOVERY A deduction that reduces the income from a property subject to tax.
CO-TENANCY Any of a number of forms of multiple ownership such as tenancy in common and joint tenancy.
COUNSELING The act of advising clients on a variety of real estate investment or development matters.
COUNTEROFFER Rejection of an offer to buy or sell, with a simultaneous substitute offer.
COVENANT A private, legal restriction on the use of land, recorded in the land records.
COVENANT OF QUIET ENJOYMENT Usually inserted in leases or conveyances whereby landlord or grantor promises that the tenant or grantee shall enjoy possession of the premises in peace and quiet without disturbance.
COVENANT NOT TO COMPETE A clause in an agreement where one party promises not to offer to sell or produce the same goods and services in proximity to the other party.
COVENANT RUNNING WITH THE LAND A covenant restricting or limiting property rights to land, or a deed restriction, in which it is specified that ownership of the land cannot be transferred unless the new owner agrees to continue to abide by the covenant.
CPM Certified Property Manager.
CRAM DOWN in bankruptcy, the reduction of various classes of debt to a lower amount, with acceptance by the bankruptcy court.
CRE Counselor of Real Estate.
CREATIVE FINANCING Any financing arrangement other than a traditional mortgage from a third-party lending institution.
CREDIT (1) In finance, the availability of money. (2) In accounting, a liability or equity entered on the right side of the ledger.
CREDITOR One who is owed money.
CREDIT RATING (REPORT) An evaluation of a person's capacity (or history) of debt repayment.
CUL-DE-SAC A street with an intersection on one end and a closed turning area on the other. Often valued in the design of residential subdivisions for the privacy provided to homes on the street.
CUMULATIVE DISCOUNTRATE A discount factor applied to the rental rate that takes into effect all landlord lease concessions expressed as a percentage of base rent.
CURABLE DEPRECIATION Depreciation or deterioration that can be corrected at a cost less than the value that will be added.
CURRENT YIELD A measurement of investment returns based on the percentage relationship of annual cash income to the investment cost.
CURTESY The right of a husband to all or part of his deceased wife's realty regardless of the provisions of her will. Exists in only a few states.
CUSTOM BUILDER One who builds unique houses; contrast with tract house.