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Real Estate Dictionary Terms - R
Radiant Heating
A method of heating, usually consisting of coils or pipes placed
in the floor, wall, or ceiling.
Rafter
One of a series of boards of a roof designed to support roof loads.
Range
A strip of land six miles wide, determined by a government survey,
running in a north-south direction. A strip of land six miles wide,
extending north and south and numbered east and west according to
its distance from the principal meridian in the rectangular (government)
survey system of legal description.
Rate Cap
The limit on the amount the interest rate can be increased at each
adjustment period in an adjustable-rate loan. The cap may also set
the maximum interest rate that can be charged during the life of
the loan.
Rate Lock
A commitment issued by a lender to a borrower or other mortgage originator
guaranteeing a specified interest rate for a specified period of
time at a specific cost.
Ratification
The adoption or approval of an act performed on behalf of a person
without previous authorization. Approval and confirmation of a prior
act performed on one's behalf by another person without previous
authority. Method of creating an agency relationship in which the
principal accepts the conduct of someone who acted without prior
authorization as the principal's agent.
Ready, Willing And Able Buyer
One who is prepared to buy property on the seller's terms and is
ready to take positive steps to consummate the transaction. A purchaser
of property, who is willing to buy on terms acceptable to the seller,
and who further possesses the financial ability to consummate the
sale. Producing such a buyer sometimes earns the broker a commission,
even though a sale is not forthcoming.
Real Estate Licensee
Can be a good source to find first trust deeds that can be purchased
at a discount.
Real Estate Agent
A person licensed to negotiate and transact the sale of real estate.
Real Estate Board
An organization whose members consist primarily of real estate brokers
and salespersons.
Real Estate Investment Syndicate
See syndicate
Real Estate Investment Trust (REIT)
A specialized form of holding title to property that enables investors
to pool their resources and purchase property, while still receiving
considerable tax advantages, without being taxed as a corporation.
Also known as REIT. Trust ownership of real estate by a group of
individuals who purchase certificates of ownership in the trust,
which in turn invests the money in real property and distributes
the profits back to the investors free of corporate income tax.
Real Estate Land
A portion of the earth's surface extending downward to the center
of the earth and upward infinitely into space, including all things
permanently attached to it, whether naturally or artificially.
Real Estate License Law
State law enacted to protect the public from fraud, dishonesty and
incompetence in the purchase and sale of real estate.
Real Estate Mortgage Investment Conduit (Remic)
A tax entity that issues multiple classes of investor interests (securities)
backed by a pool of mortgages.
Real Estate Recovery Fund
A fund established in some states from real estate license revenues
to cover claims of aggrieved parties who have suffered monetary damage
through the actions of a real estate licensee.
Real Estate Settlement Procedures Act (RESPA)
A consumer protection law that requires lenders to give borrowers
advance notice of closing costs. The federal law that requires certain
disclosures to consumers about mortgage loan settlements. The law
also prohibits the payment or receipt of kickbacks and certain kinds
of referral fees.
Real Estate Trust
A special arrangement under federal and state law whereby investors
may pool funds for investments in real estate and mortgages and yet
escape corporation taxes.
Real Property
Land and appurtenances, including anything of a permanent nature
such as structures, trees, minerals, and the interest, benefits,
and inherent rights thereof. Land and anything affixed, incidental,
or appurtenant to it, and anything considered immovable under the
law. Land, buildings, and other immovable property permanently attached
thereto. The interests, benefits and rights inherent in real estate
ownership.
REALTOR®
A real estate broker holding active membership in a real estate board
affiliated with the National Association of Realtors. A real estate
agent, broker or an associate who holds active membership in a local
real estate board that is affiliated with the National Association
of Realtors. A registered trademark term reserved for the sole use
of active members of local REALTOR(r) boards affiliated with the
National Association of REALTORS®.
Rebuttable Presumption
A presumption that is not conclusive and that may be contradicted
by evidence. A persumption that applies unless proven inapplicable
by the introduction of contradictory evidence.
Recapture
The rate of interest necessary to provide for the return of an investment.
A provision in tax laws that reduces certain benefits from claiming
depreciation.
Receiver
A neutral third party, appointed by the court to collect the rents
and profits from property, and distribute them as ordered by the
court. Often used as a remedy when mere damages are inadequate.
Reconciliation
The final step in the appraisal process, in which the appraiser combines
the estimates of value received from the sales comparison, cost and
income approaches to arrive at a final estimate of market value for
the subject property.
Reconveyance
A conveyance to the landowner of the legal title held by a trustee
under a deed of trust. The transfer of property back from a lender
who holds an interest as security for the payment?of a debt. In a
deed of trust, the beneficiary reconveys property upon satisfaction
of the promissory note.
Reconveyance Deed
A deed used by a trustee under a deed of trust to return title to
the trustor.
Recordation
Filing of instruments for record in the office of the county recorder.
The act of having a document filed for record in the county recorder's
office. Once recorded, the instrument gives constructive notice to
the world.
Recorder
The public official who keeps records of transactions that affect
real property in the area. Sometimes known as a "Registrar of
Deeds" or "County Clerk."
Recording
The noting in the registrar’s office of the details of a properly
executed legal document, such as a deed, a mortgage note, a satisfaction
of mortgage, or an extension of mortgage, thereby making it a part
of the public record. The act of entering or recording documents
affecting or conveying interests in real estate in the recorder's
office established in each county. Until it is recorded, a deed or
mortgage ordinarily is not effective against subsequent purchasers
or mortgagees.
Rectangular (Government) Survey System
A system established in 1785 by the federal government, providing
for surveying and describing land by reference to principal meridians
and base lines.
Redemption
Buying back one's property after a judicial sale. The repurchasing
of one's property after a judicial sale. The right of a defaulted
property owner to recover his or her property by curing the default.
Redemption Period
A period of time established by state law during which a property
owner has the right to redeem his or her real estate from a foreclosure
or tax sale by paying the sales price, interest and costs. Many states
do not have mortgage redemption laws.
Redlining
The illegal practice of a lending institution denying loans or restricting
their number for certain areas of a community.
Reduction Certificate (Payoff Statement)
The document signed by a lender indicating the amount required to
pay a loan balance in full and satisfy the debt; used in the settlement
process to protect both the seller's and the buyer's interests.
Refinance Transaction
The process of paying off one loan with the proceeds from a new loan
using the same property as security.
Reformation
A legal action to correct a mistake in a deed or other document.
Regression
An appraisal principle that states that, between dissimilar properties,
the value of the better quality property is affected adversely by
the presence of the lesser-quality property.
Regulation Z
Implements the Truth-in-Lending Act requiring credit institutions
to inform borrowers of the true cost of obtaining credit.
Reinstatement
A right available to anyone under an accelerated promissory note
secured by a deed of trust or mortgage on property. If a deed of
trust is foreclosed by trustee's sale, the debtor may have up to
three months from the recording of the notice of default to pay the
amount in arrears plus interest and costs, thereby completely curing
the default (reinstating) without penalty.
Rejection
Refusal to accept an offer. Repudiation of an offer automatically
terminates the offer.
Release
To give up or abandon a right. The release of rights may be voluntary,
as when one voluntarily discharges an obligation under a contract.
The release may be involuntary, by operation of the law; for example,
one's wrongful conduct may bar him from asserting his rights. In
deeds of trust a partial release clause frees certain property from
the security of the deed of trust upon the payment of specified sums
of money.
Release Clause
A stipulation in a deed of trust or mortgage that upon the payment
of a specific sum of money to the holder of the deed of trust or
mortgage, a particular lot or area shall be removed from the blanket
lien on the whole area involved.
Release Deed
A document, also known as a deed of reconveyance, that transfers
all rights given a trustee under a deed of trust loan back to the
grantor after the loan has been fully repaid.
Reliction
The gradual lowering of water from the usual watermark.
Remainder
An estate that vests after the termination of the prior estate, such
as after a life estate. Example: A life estate may be granted to
Adams, with the remainder granted to Baker. Most commonly, an estate
(future interest) that arises in favor of a third person after a
life estate.
Remainder Interest
The remnant of an estate that has been conveyed to take effect and
be enjoyed after the termination of a prior estate, such as when
an owner conveys a life estate to one party and the remainder to
another.
Remaining Balance
The amount of principal that has not yet been repaid. See principal
balance.
Remaining Term
The original amortization term minus the number of payments that
have been applied.
Remand
To send back to a lower court for further action.
Remedy
The means by which a right is enforced, preserved, or compensated.
Some of the more common remedies are damages, injunctions, rescission,
and specific performance.
Rent
The consideration paid by a tenant for possession of property under
a lease. A fixed, periodic payment made by a tenant of a property
to the owner for possession and use, usually by prior agreement of
the parties.
Rent Loss Insurance
Insurance that protects a landlord against loss of rent or rental
value due to fire or other casualty that renders the leased premises
unavailable for use and as a result of which the tenant is excused
from paying rent.
Rent Schedule
A statement of proposed rental rates, determined by the owner or
the property manager or both, based on a building's estimated expenses,
market supply and demand and the owner's long-range goals for the
property.
Rental Property
Renting property to the first person that comes along can be a costly
mistake. Rental income from a smaller property may show a higher
rate of profit than from a more expensive property.
Renunciation
Is the cancellation of an agency relationship by the real estate
agent requires written notice to the principal.
Repayment Plan
An arrangement made to repay delinquent installments or advances.
Replacement Cost
The construction cost at current prices of a property that is not
necessarily an exact duplicate of the subject property but serves
the same purpose or function as the original.
Replacement Reserve Fund
A fund set aside for replacement of common property in a condominium,
PUD, or cooperative project -- particularly that which has a short
life expectancy, such as carpeting, furniture, etc.
Reproduction Cost
The construction cost at current prices of an exact duplicate of
the subject property.
Rescission
The unmaking of a contract, and the restoring of each party to the
same position each held before the contract arose.
Rescission Of Contract
The canceling of a contract by either mutual consent of the parties
or legal action.
Reservation
A right or interest retained by a grantor when conveying property;
also called an exception.
Residue
That portion of a person's estate that has not been specifically
devised.
Resolution Trust Corporation
The organization created by FIRREA to liquidate the assets of failed
savings and loan associations.
RESPA
Prohibits the giving and receiving of of kickbacks and unearned fees.
Respondeat Superior
This Latin phrase, "let the master answer," means that
an employer is liable for the tortious acts of an employee, and a
principal is liable for the acts of an agent. To be liable, the acts
must be within the "course and scope" of the agency or
employment. For example, an employer would not be liable for the
acts of an employee while at home and not doing work for the employer.
Respondent
The person against whom an appeal is taken; the opposite of an appellant.
Restriction
A limitation on the use of real property arising from a contract
or a recorded instrument. An encumbrance on property that limits
the use of it; usually a covenant or condition.
Restrictive Covenants
A clause in a deed that limits the way the real estate ownership
may be used.
Retaliatory Eviction
A landlord's attempt to evict a tenant from a lease because the tenant
has used the remedies available under the warranty of habitability.
Reverse-Annuity Mortgage (Ram)
A loan under which the homeowner receives monthly payments based
on his or her accumulated equity rather than a lump sum. The loan
must be repaid at a prearranged date or upon the death of the owner
or the sale of the property.
Reversion
The right a grantor keeps when he or she grants someone an estate
that will or may end in the future. Examples: The interest remaining
with a landlord after he or she grants a lease, or the interest an
owner of land has after he or she grants someone a life estate. Any
future interest (estate) left in the grantor. The residue of an estate
left in the grantor after the termination of a lesser estate.
Reversionary Interest
The remnant of an estate that the grantor holds after granting a
life estate to another person.
Reversionary Right
The return of the rights of possession and quiet enjoyment to the
lessor at the expiration of a lease.
Revocation
Withdrawal of an offer or other right, thereby voiding and destroying
that offer or right. It is a recall with intent to rescind.
Revolving Debt
A credit arrangement, such as a credit card, that allows a customer
to borrow against a preapproved line of credit when purchasing goods
and services. The borrower is billed for the amount that is actually
borrowed plus any interest due.
Ridge
The horizontal line at the junction of the top edges of two sloping
roof surfaces. (The rafters at both slopes are nailed at the ridge.)
Ridge Board
The board placed on edge at the ridge of the roof to support the
upper ends of the rafters; also called roof tree, ridge piece, ridge
plate, or ridgepole.
Right Of First Refusal
A provision in an agreement that requires the owner of a property
to give another party the first opportunity to purchase or lease
the property before he or she offers it for sale or lease to others.
Right Of First Refusal
Clause in a lease which gives the lesee (tenant) the right to purchase
the rented property if during the term of the lease the lessor (landlord)
receives an offer to purchase from a buyer. Usually the lessee must
purchase on the terms and conditions of the buyer's offer.
Right Of Ingress Or Egress
The right to enter or leave designated premises.
Right Of Survivorship
In joint tenancy, the right of survivors to acquire the interest
of a deceased joint tenant. The right to acquire the interest of
a deceased joint-owner. It is the distinguishing feature of a joint
tenancy. See Joint Tenancy.
Right Of Way
The right to pass over a piece of real property or to have pipes,
electrical lines, or the like go across it. An easement granting
a person the right to pass across another's property. The right given
by one landowner to another to pass over the land, construct a roadway
or use as a pathway, without actually transferring ownership.
Riparian Rights
The right of a landowner with regard to a stream crossing or adjoining
his or her property. An owner's rights in land that borders on or
includes a stream, river or lake. These rights include access to
and use of the water.
Riser
The upright board at the back of each step of a stairway. In heating,
a riser is a duct slanted upward to carry hot air from the furnace
to the room above.
Risk Management
Evaluation and selection of appropriate property and other insurance.
Rule Against Perpetuities
A complex set of laws designed to prevent excessive restrictions
on the transferability of property. The rule holds that "no
interest is good unless it must vest, if at all, not later than 21
years after some life in being at the creation of the interest."
Rules And Regulations
Real estate licensing authority orders that govern licensees' activities;
they usually have the same force and effect as statutory law.
Rumford Act
Prohibits discrimination in employment and housing. Is enforced by
the Department of Fair Employment and Housing.
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