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Article 12A: NYS Real Property Law -ANSWER "Real Estate License Law"
- violation is a misdemeanor punishable by loss of license, $1000 fine, revoking of
license
- all salespersons have license suspended
- after 1 year broker can apply to get license back
Capital Gains Tax Exemption -ANSWER -profit from sale that is taxed
- single person has first $250,000 tax free
- married couple $500,000 tax free
Property Condition Disclosure Statement -ANSWER - 6 page statement seller must fill out
on condition of property BEFORE buyer signs contract
- if seller does not provide, has to pay $500 at closing
- NOT needed for new construction residential, foreclosure sales, condos and co-ops, or
commercial
CFC Chloro-fluoro-carbons -ANSWER Gases that leak out of air conditioning units and
go into air
- regulated by Clean Air Act
- Freon
- illegal
PCBs Poly-chlorinated Biphenyls -ANSWER Liquids used to cool power plants
- cancer causing and can seep into soil or ground water
USTs Underground Storage Tanks -ANSWER - Regulated by Department of
Environmental CONSERVATION
- USTs under 1100 gallons that hold gas or diesel are not regulated
Blind Ad -ANSWER - ad that is ambiguous or does not give actual geographic location
- location is required and must be specific
- also must put you have a real estate license
Fee Simple Absolute -ANSWER - owning is freehold
- fee simple is fullest and most common form of freehold interest
- gives full Bundle of Rights
,Bundle of Rights -ANSWER -Possession (access and use)
- Quiet Enjoyment (no nuisance, danger)
- Disposition (right to sell, give away)
- Exclusion (keep people out)
- Control (build, tear down)
Deed, Title, Conveyance -ANSWER Deed is paper showing ownership
- Title is idea of ownership
- Conveyance transfers title to new owner by deed
Elements of valid deed -ANSWER - competent grantor
- signature of grantor
- identifiable grantee
- consideration
- words of conveyance
- legal description
- delivery and acceptance
Assignment -ANSWER - tenant who has to break a lease can assign lease to new tenant
who has same lease teams (money, rent, time, etc) old tenant leaves and new is
responsible for lease
Sublease -ANSWER - tenant who sublets is responsible for getting payments from
sublease to landlord (lessor)
Clean Air Act -ANSWER - sets limits on pollutants in air
- radon not covered by clean air act
- covers CFCs (air conditioning gas)
Clean Water Act -ANSWER - stops pollutants in rivers, lakes, aquifers
- PCBs which come in liquid form are covered by this law
Safe Drinking Water Act -ANSWER - nationwide standards for drinking water quality
- Feds supervise the states and private water suppliers
- NYS Dept of Health follows law and is in charge for NY
CERCLA (Comprehensive Response, Compensation and Liability Act -ANSWER -
superfund
- helps pay for clean ups
- when uncontrolled or hazardous spill this fun responds for clean up and sees who is
responsible
Sheathing and Flashing -ANSWER - Sheathing is panels that they put outside to keep the
rain out- nailed to the wall studs or roof rafters
- flashing is a flexible material (aluminum) which covers cracks
, Survivorship -ANSWER - if one owner dies the other owners automatically inherit the real
estate
- survivorship applies to owner by entirety (married couple) and joint tenants (2 or more
married people with equal ownership shares)
How to become salesperson -ANSWER - 18 years old
- 75 hour class
- state test and school test
- Department of state approves
- can only be paid by broker
How to become a broker -ANSWER -120 hours of class
- 2 years experience as salesperson
age 20
- need 3500 points (residential sale is 250)
Depreciation ` -ANSWER - decrease in value: economic or tax
- Economic- building losing value
Tax- tax break given by IRS based on the idea that buildings have lifespan
- apartment buildings 27.5 years
- office buildings 39 years
Amortized mortgage -ANSWER - slowly kill a loan
- equal monthly payments until the last payment when loan balance is zero
Fixed Rate amortized -ANSWER - most common mortgage
- interest rate never changes
Balloon Payment -ANSWER - non amortized loan (not equal monthly payments)
- if borrower pays interest at beginning and principal at end in one payment
New York State Fair Housing Laws -ANSWER - federal law protects Race, national
origin, religion, gender (Sex), disability and family status (kids)
- states and cities protect age, marriage, sexual orientation
Pre-Qualification -ANSWER - bank lender looks at income, debt, and assets and tells you
how much you can afford (often over the phone)
Pre- Approval -ANSWER - banker does research on your financial status and give you
condition commitment in writing for an exact loan amount
Underwriter -ANSWER -person at bank who makes the final decision on whether a buyer
gets a mortgage loan