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- ACCEPTANCE: An act to show that
Seller and Buyer are bound by the terms when Seller and Buyer
agree in writing.
- ACKNOWLEDGMENT: An act signifying that signing is a voluntary
act and genuine signature of specific person.
- ADDENDUM/ADDENDA (singular/plural): Additional material
attached to and made a part of the transaction.
- AGENCY: The relationship created establishing a fiduciary
or statutory relationship and imposes certain duties, obligations
and high standards of good faith and loyalty.
- ARBITRATION: A process where Seller and Buyer select a
third party to resolve a dispute between them. The third
party, called an arbitrator, conducts a hearing and renders
a decision in favor of one party and against the other.
- ASSESSMENTS: An official valuation of real property for
tax purposes based on appraisals by local government.
- ASSUMED OBLIGATIONS: Debts which Buyer takes over from
another party and for which Buyer is responsible to repay.
- ASSUMPTION OF MORTGAGE: Agreeing to be liable for terms
and conditions of existing mortgage.
- BREACH OF CONTRACT: When one breaks an agreement or refuses
to do what was promised.
- BUILT-IN FURNITURE: Fixtures such as bookcases, shelving,
cabinets, or furniture permanently affixed to real property.
- By-Laws: Document that establishes the rules for the operation
of a common interest community.
- CC & R’s: Document outlining
the conditions covenants and restrictions of Property.
- CODE OF ETHICS: Written standard
of ethical conduct. Members of the National Association
of REALTORS® subscribe to
a Code of Ethics.
- COMMON ELEMENT: Property that is necessary or convenient
for existence, maintenance or safety of a planned development.
- COMMON INTEREST
COMMUNITY: Refers to condominium, cooperative
and planned unit development projects.
- CONVEY: To sell or transfer ownership of Property to another
party.
- CONVEYANCE DOCUMENTS: Documents
that transfer title or interest in real property.
- COVENANTS: An agreement with another party promising to
do or not to do something.
- DECLARATION: Controlling document, which creates and defines
a condominium project or planned unit development.
- DEFAULT: Nonperformance of a duty or obligation that is
part of a contract.
- DISCLOSURE STATEMENT: An information report on Property.
- DROA: Deposit Receipt Offer Acceptance form used to purchase
real property.
- EASEMENT: A limited right one has
in lands owned by someone else or rights owned by someone
else on one’s land. For
example, a right for you to cross over someone else’s
land to get to your own Property.
- ENCROACHMENT: An intrusion of an
improvement on another’s
real property.
- ESCROW: An objective third person who holds money and/or
documents until satisfaction of the terms of the contract
are completed.
- EXTENSION: An agreement to continue the performance period
beyond a specific date.
- FEE SIMPLE: An interest in land which gives you full right
of ownership and which does not end by the passage of time.
You can freely transfer this right or leave Property to be
inherited.
- FIDUCIARY: A person, such as an agent, placed in a position
of trust. A fiduciary owes his/her client a duty of loyalty
and obedience; a duty of exercising due care; and must act
in good faith.
- FIXTURE: An article that was once personal property that
has been affixed to real estate.
- IMPROVEMENTS: Additions of value made to Property.
- LAND COURT: (Torrans System): A system of recordation
of documents affecting land.
- LEASEHOLD: An interest in land, which is less, that fee
simple and which allows one defined use for a stated period
of time.
- LESSEE: A tenant under a lease.
- LESSOR: The landlord under a lease.
- LIENS AND ENCUMBRANCES: Claims
against the title or right of ownership to one’s
Property held by another party.
- LIMITED COMMON ELEMENT: A common element which use is
restricted to a specific owner or owners.
- LIQUIDATED DAMAGES: An agreed upon reasonable amount of
money which is paid to the party injured by the other party.
- LITIGATION: The formal court process started by filing
a lawsuit.
- MARKETABLE TITLE: Title or right
of ownership to Property, which is free of any claims or
reasonable doubts which would affect one’s ability
to sell Property.
(Terms defined as set forth in the
Hawaii Association of Realtors® Plain
Language Addendum Standard Form)
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