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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