With the new changes going into effect on April 1, 2006 in North Carolina, count on Nancy Keck and Anne Rasheed to update your instructional materials necessary for real estate education. This updated text covers the new brokers-only license, provisional broker license, increase in required education, and increase in requirements for brokers-in-charge. In addition, the same writing style and winning approach that has been used to educate many in the past can still be found in this new...
With the new changes going into effect on April 1, 2006 in North Carolina, count on Nancy Keck and Anne Rasheed to update your instructional materials necessary for real estate education. This updated text covers the new brokers-only license, provisional broker license, increase in required education, and increase in requirements for brokers-in-charge. In addition, the same writing style and winning approach that has been used to educate many in the past can still be found in this new edition. Don't settle for less, your students deserve the best. Fully UpdatedThe entire text is fully updated and approved by the North Carolina Real Estate Commission to reflect the recent 2006 changes. Essential ResourcesAn appendix of the North Carolina Real Estate License Law and Commission Rules included. AccurateGiven the new changes, the authors have taken every step possible to check and recheck each chapter to verify it for accuracy to ensure your satisfaction. Items to ConsiderThis feature helps better prepare students for the licensing examination. Important PointsEach chapter includes a summary for quick review and exam preparation.
Preface xviPreparing for the Real Estate Licensing Exam xviiiBasic Real Estate Concepts 2Key TermsLearning ObjectivesGeneral Characteristics of Real Estate 3Classes of PropertyPhysical Characteristics of LandEconomic Characteristics of LandGeneral Concepts of Land Use and Investment 6The Highest and Best Use ConceptPublic and Private Land Use RestrictionsReal Estate Investment ObjectivesScope of the Real Estate Business 7The Real Estate MarketThe Real Estate PractitionerAgency ContractsOffer to Purchase and ContractFinancingFinal SettlementOther AspectsSummary of Important Points 12Items to Consider for the State Exam 13Review Questions 14Property Ownership and Interests 18Key TermsLearning ObjectivesThe Concept of Property 19Real PropertyAppurtenancesPersonal PropertyEstates in Real Property 25Systems of Property OwnershipDefinition of EstateTypes of Estates in LandOwnership of Real Property 30Ownership in SeveraltyConcurrent (Joint) OwnershipCombination (Hybrid) Forms of OwnershipEncumbrances to Real Property 34LiensRestrictive (Protective) CovenantsLis PendensEasementsEncroachmentsProperty Taxation in NorthCarolina 40Tax Rate and CalculationsProperty Subject to TaxationListing Property for TaxationAppraisal and AssessmentTimetable for Listing and Tax CollectionProperty Tax LienSpecial AssessmentsSummary of Important Points 42Items to Consider for the State Exam 44Review Questions 45Transfer of Title to Real Property 48Key TermsLearning ObjectivesProperty Description 49Adequacy of DescriptionMethods of Describing Real PropertyMethods of Transferring Title 53By Descent (Intestate Succession)By WillBy Deed (Voluntary Alienation)By Involuntary AlienationDeedsNonessential Elements of a DeedTypes of DeedTitle Assurance 60Covenants of Title in DeedsTitle Examination ProceduresAttorney's Opinion of TitleTitle InsuranceTitle RecordationMarketable Title ActThe Torrens SystemSummary of Important Points 63Items to Consider for the State Exam 65Review Questions 66Land Use Controls 70Key TermsLearning ObjectivesHistorical Development of Land Use Controls 71Importance to Real Estate Practitioners and Buyers 71Public Land Use Controls 72Planning and ZoningUrban and Regional PlanningSubdivision RegulationsHighway Access ControlsInterstate Land Sales Full Disclosure ActEnvironmental Protection LegislationThe North Carolina Planned Community ActPrivate Land Use Controls 84Individual Deed RestrictionsRestrictive/Protective CovenantsResponsibility of Real Estate AgentsSummary of Important Points 87Items to Consider for the State Exam 89Review Questions 90Laws and Regulations Governing Brokerage Relationships 94Key TermsLearning ObjectivesGeneral Agency Concepts and Definitions 95Classification of Agency Relationships 95Universal AgencyGeneral AgencySpecial AgencyCreation of Agency 96Express AgencyImplied AgencyEstoppelEmployment and Authority of Real Estate Agents 97Brokerage Contracts (Agency Agreements)Extent (Scope) of Agent's AuthoritySource of Agent's AuthorityAgency and Agent CompensationAgency and Subagency Relationships 98Exclusive Seller AgencyCooperating with Other BrokersCooperating Firm Acting as Seller's AgentExclusive Buyer AgencyBuyer as PrincipalDual AgencyDual Agency with Designated AgentsBoth Buyer and Seller as PrincipalDual Agency AddendumAgency Relationships in Real Estate RentalsAgency's Effect on Communication Requirements for ContractsAgency's Effect on Disclosure of Material FactsTermination of AgencyDisclosure of Agency RelationshipsFirst Substantial ContactDuties and Liabilities of Agents 112Agent's Duties to PrincipalLoyaltyObedienceSkill, Care, and DilligenceDisclosure of InformationAccountingAgent's Duties to Third PartiesMisrepresentationOmissionConsumer Legislation"As Is" SalePurchaser's ResponsibilitiesLiabilities for Breach of DutyDuties and Liabilities of Principals 119Principal's Duties to AgentPrincipal's Duties to Third PartiesNorth Carolina Residential Property Disclosure ActLead-Based Paint DisclosureSynthetic Stucco DisclosureLiabilities of PrincipalsSummary of Important Points 123Review Questions 125Real Estate Contracts 128Key TermsLearning ObjectivesStandard Contract Forms 130Basic Contract Law 130Basic Contract Terms and ClassificationsEssential Elements of a Valid ContractRequirements for Reality of ConsentContract Law and Auction SalesStatute of FraudsDischarge of ContractsAssignment of ContractsRules for Interpretation of ContractsContract RemediesBroker's Entitlement to a Commission 139Commission SharingCobrokerage with an Out-of-State BrokerEarning Commission as a Buyer's BrokerListing Contracts and Practices 141Definition and Purpose of Listing ContractsTypes of Listing ContractListing Contract ProvisionsBrokerage FeeDuration of the ListingProperty Data SheetTermination of Listing ContractsMultiple Listing Service Arrangements 151Negotiability of Commission 151Listing Procedures 151Preliminary Listing ProceduresFinal Listing ProceduresBuyer Agency Contracts 155Agency Disclosure and Nonexclusive Buyer Agency AgreementExclusive Buyer Agency AgreementTypical Provisions of a Buyer Agency ContractProcedures for Buyers' Agents 160Dual Agency Agreements 162Sales Contracts and Practices 163Offer to Purchase and ContractProperty Inspections, Repairs, and Buyer's Right to Terminate Offer to Purchase and ContractAlternative 1Alternative 2Vacant Lot Offer to Purchase and ContractGuidelines for Preparation of Purchase ContractsForms Accompanying an Offer to Purchase and ContractSubmitting Offers to SellersBack-up OffersAcceptance of OffersAcceptance of CounteroffersElectronically Submitted Offer and AcceptanceInstallment Land Contracts (Contract for Deed)Option to PurchaseSummary of Important Points 195Items to Consider for the State Exam 197Review Questions 199Real Estate Finance 202Key TermsLearning ObjectivesOperations of Real Estate Finance 204Principal, Interest, Taxes, and Insurance 204Amortization and Debt Service 204Equity 206Usury 207Discount Points and Yield 207Loan Fees, Loan Values, and Loan-to-Value Ratio 208Notes 209The Mortgage Note 209Negotiability of NoteMortgage and Deed of Trust 211Lien TheoryTitle TheoryMortgage or Deed of Trust RequirementsClauses and Covenants 217Rights of Borrower 217Equity of RedemptionRights of Lender 218Foreclosure 218Judicial ForeclosureNonjudicial ForeclosureStrict ForeclosureDeed in Lieu of ForeclosureDistribution of Sale ProceedsDeficiency JudgmentNonrecourse NoteTypes of Sales Transaction 220Cash SalesLoan AssumptionTaking Title "Subject to" a LoanNew FinancingTypes of Loan 221Conventional LoansFHA-Insured Loans 222FHA 203(b) Regular Loan ProgramFHA 245 Graduated Payment LoanFHA Maximum Loan AmountFHA Mortgage Insurance PremiumFHA Loan QualificationFHA Loan Assumption PoliciesFHA ChangesContract RequirementsDepartment of Veterans Affairs Guaranteed Loan Program 228EligibilityContract RequirementsVA Funding FeeQualifying for VA LoansRestoration of EntitlementHistory of Loan GuaranteesNegotiability of VA Interest RateOther Aspects of FHA and VA Loans 232Escrow AccountDown PaymentMiscellaneousRural Development and Farm Service Agency Mortgage Loans 232Closing or Settlement Costs 233Typical Loan Repayment Plans 234By Repayment TermsOther Types of Loans 236By Purpose or Special FeatureBy Mortgage PriorityMortgage Priorities 238Effect of RecordationSubordination of MortgagesReleasesThe Role of the Federal Reserve Bank 239Sources of Real Estate Finance 239Primary Sources of Mortgage Funds 239Savings and Loan AssociationsSavings BanksCommercial BanksMortgage Bankers and Mortgage BrokersLife Insurance CompaniesCredit UnionsReal Estate Investment TrustsIndividual InvestorsGovernment AgenciesEmployersResidential Lending Practices and Procedures 242Loan UnderwritingProperty AnalysisIncome, Credit, and Assets of the Loan ApplicantPrequalification of Buyer by Real Estate AgentSecondary Mortgage Market 243Activities among Lending InstitutionsSale to OrganizationsFinancing Legislation 246Truth-in-Lending Simplification and Reform ActFair Credit Reporting ActThe Equal Credit Opportunity ActSummary of Important Points 248Items to Consider for the State Exam 250Review Questions 251Closing Real Estate Transactions 254Key TermsLearning ObjectivesPreliminaries to Closing 255The Closing Meeting 256Parties Present or RepresentedLocation of ClosingProcedures at ClosingProcedures after the ClosingItems Required at Closing 257Prorations at Closing 258Methods of Calculating ProrationsProrated Entries on the Closing StatementOther Double-Entry Items, Not ProratedSingle-Entry ItemsPersonal Property TaxesPreparation of Closing Statements 264Cash Sale StatementsPurchase Money Mortgage Closing StatementMortgage Assumption StatementNew First Mortgage StatementThe Real Estate Settlement Procedures Act 274Purpose of the ActRespa RequirementsThe HUD-1 Settlement StatementSummary of Important Points 280Items to Consider for the State Exam 281Cash Sale 282Purchase Money Mortgage 283Mortgage Assumption 284New First Mortgage 285Cash Sale 286Purchase Money Mortgage 287Mortgage Assumption 288New First Mortgage 289Review Questions 290Property Valuation 292Key TermsLearning ObjectivesAppraiser Regulation 293Licensure and CertificationComparative Market Analysis ExemptionBasic Appraisal Concepts 294Definition of AppraisalConcepts of ValueValuation versus EvaluationTypes of ValueAdditional Concepts of ValueForces and Factors Influencing ValueBasic Economic Principles of ValueThe Valuation Process 300Approaches to Value 301Direct Sales Comparison (Market Data) ApproachComparative Market AnalysisThe Cost ApproachDepreciation Concepts and DefinitionsThe Income ApproachGross Rent MultiplierReconciliation and Appraisal Report 314Summary of Important Points 315Items to Consider for the State Exam 316Review Questions 317Relationship of Landlord and Tenant 320Key TermsLearning ObjectivesDefinitions 321Estates and Contracts 322The Residential Rental Agreements Act 322Obligations of Landlord and TenantLandlord's Statutory DutiesTenant's Statutory DutiesTenant Remedies for Breach by LandlordApplication of the Law of NegligenceRetaliatory Eviction 323North Carolina Tenant Security Deposit Act 323Residential Eviction Remedies 324Discrimination and Sexual Harassment 324Rights of Tenants in Public Housing 324Vacation Rental Act 324Nonfreehold Estates 326Estate for YearsEstate from Period to PeriodEstate at WillEstate at SufferanceTypes of Lease 327Common Lease Provisions 328Essential ProvisionsOther ProvisionsLandlord's Implied Covenant of Quiet EnjoymentTermination of LeasesApplication of the Statute of FraudsRecordation of LeasesSummary of Important Points 338Items to Consider for the State Exam 340Review Questions 341Real Estate Management 344Key TermsLearning ObjectivesThe Owner-Property Manager Relationship 345Purposes of Property ManagementTypes of Property Requiring ManagementProperty Management FeeTravel Agent Referral Fees in Vacation RentalsAgency Relationship in Rentals 346Property Management ContractsDuties of the Property ManagerPrincipal Functions of Property Managers 355Preparing the Management PlanMarketing and Renting the PropertyCollecting Rents and Security DepositsInstituting Legal ActionsMaintaining the PropertyPerforming the Landlord's DutiesMaintaining Records and Reporting to the OwnerSummary of Important Points 358Review Questions 360Fair Housing 362Key TermsLearning ObjectivesFederal Fair Housing Act 363DefinitionsTypes of DiscriminationExemptionsEnforcementNorth Carolina Fair Housing Act 367Unlawful DiscriminationExemptionsEnforcement and PenaltiesCivil Rights Act 368Fair Housing in North Carolina 369Equal Housing Opportunity Today 369Americans with Disabilities Act 369Sexual Harassment 370Items to Consider for the State Exam 370Summary of Important Points 371Review Questions 372Federal Taxation of Home Ownership 374Key TermsLearning ObjectivesTax Deductions for Homeowners 375Real Property TaxesMortgage InterestSale of a Personal Residence Basis 376Effect of Purchase and SaleInheritance BasisTaxpayers Relief Act of 1997 Section 121 Exclusion 378{dollar}250,000/{dollar}500,000 Home Sale ExclusionReporting FeaturesSummary of Important Points 381Review Questions 382Property Insurance 384Key TermsLearning ObjectivesBasic Concepts and Terminology 385Standardized Homeowner's Insurance 385Standard Form (HO-3) PolicySelected Legal Issues 387Insurable InterestCo-InsuranceUnoccupied Building ExclusionInterpretation of PoliciesCo-OwnersMortgage's Insurable InterestAssignmentFlood InsuranceItems to Consider for the State Exam 390Summary of Important Points 390Review Questions 392Basic House Construction 394Key TermsLearning ObjectivesArchitectural Types and Styles 395Location on Site 397Foundations 397FootingsFoundation WallsFraming 398FlooringWallsCeiling Framing and RoofExterior Walls 401Windows 401Sliding WindowsSwinging WindowsFixed WindowsDoors 403Roofing 403Insulation 403Moisture ControlInterior Finishes 404Heating/Air Conditioning Systems 405Solar HeatElectrical Systems 406Plumbing Systems 406Government Regulation 407North Carolina Uniform Residential Building CodeHUDA/VA Minimum StandardsContractor LicensingConstruction for Practitioners 407Terminology 408Summary of Important Points 410Review Questions 413Real Estate Math 414Learning ObjectivesBasic Real Estate Math 415Finance Calculations 415Principal and Simple InterestDebt Service and the Reduction in the Balance of a LoanLoan Origination and Discount PointsDiscount Points, YieldsQualifying a BuyerClosing Statement Prorations and Calculations 421Proration of Real Estate TaxesInterest on an Assumed MortgageClosing Statement CalculationsAppraisal Calculations 423Capitalization ProblemsMiscellaneous Calculations 427Brokerage CommissionsInterest ProblemsNet Sales PriceEquity Problems/Percent Change ProblemsArea ProblemsReal Estate Taxation ProblemsFederal Taxation ProblemsCo-Insurance CalculationPractice Working in Real Estate Math 440Brokerage Commissions 440Net to Seller (Net Listing) 440Profit/Loss/Equity (Including Percent Change) 441Area CalculationsAd Valorem Taxes (Given the Rate and the Assessed Value) 445Excise Tax 445Financial Calculations 445Prorations at Closing 447Preparation of Closing Statements 448Sample "Net Owed by Buyer" Closing StatementSample "Net to Seller" Closing StatementSimple Appraisal Math 450Federal Taxation 451Summary 451Safety Issues for Real Estate Brokers 453North Carolina Real Estate License Law, North Carolina Real Estate Commission Rules, Trust Account Guidelines, and License Law and Rule Comments 458Residential Square Footage Guidelines 542A Guide to Common Real Estate Environmental Hazards 564Diagnostic Practice Test 572Practice Exam 582Answer Key 592Glossary 600Index 620