The Real Estate
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One-Time Capital Improvement Contribution

What is a one-time capital improvement contribution? Thanks for asking! This "contribution" is a fee that a buyer pays when purchasing a unit in a condominium, homeowners association (HOA), or planned community. This fee is not always part of a purchase involving an...

Kick-Out Clause

Though a Kick-Out Clause sounds a bit violent, it is a provision in a real estate purchase contract that allows a seller to continue marketing a property even after accepting a contingent offer. It may not technically be violent or aggressive, but it can feel that way...

Mello-Roos

Mello-Roos is a special tax assessment levied on property owners within designated community facilities districts (CFDs) in California. Established under the Mello-Roos Community Facilities Act of 1982, the tax was created to help local governments finance public...

Noise Easement

A noise easement is a legal agreement that grants permission for noise generated by a nearby activity, facility, or transportation source to affect a property. In real estate, noise easements are most commonly associated with airports, highways, railroads, military...

Key Lot

A key lot is a parcel of land situated behind or adjacent to another lot in a manner that creates an irregular relationship between frontage, access, and orientation within a subdivision or urban block. The term is most commonly used in land planning and subdivision...

Loyalty (Fiduciary Duty)

The fiduciary duty of loyalty is one of the highest legal obligations owed by a real estate agent to a client. Under this duty, the agent must place the client’s interests above the agent’s own interests and above the interests of any other party in the transaction....

MARS Rule (Regulation O)

The Mortgage Assistance Relief Services (“MARS”) Rule, also known as Regulation O, is a federal consumer protection regulation issued by the Federal Trade Commission (“FTC”) to address deceptive and abusive practices involving mortgage relief and foreclosure rescue...

Non-Qualified Mortgage (Non-QM)

A “Non-Qualified Mortgage” (“Non-QM”) is a mortgage loan that does not meet the specific underwriting or product standards established for Qualified Mortgages (“QM”) under federal law and Regulation Z. Non-QM loans are not necessarily unsafe or predatory; rather, they...

Mortgage Disclosure Improvement Act (MDIA)

The Mortgage Disclosure Improvement Act (“MDIA”) is a federal law enacted in 2008 as an amendment to the Truth in Lending Act (“TILA”) to strengthen consumer protections and improve the timing and accuracy of mortgage disclosures. MDIA was designed to ensure that...

Opt-Out Rule

The “Opt-Out Rule” is a consumer privacy requirement established under the Gramm-Leach-Bliley Act (“GLBA”) that gives consumers the right to limit certain sharing of their nonpublic personal information with nonaffiliated third parties. Under this rule, financial...

Guaranteed Maximum Price (GMP)

Form-Based Code

Key Lot