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REAL ESTATE LINGO (PART 1)

Real estate lingo (Part 1)

Real estate is full of jargon (“DOM”, “HOA”, “pre qual”, etc), and it can add layers of confusion to an already convoluted process. Whether you’re buying or selling a home, we created this resource to help you learn the vocabulary.

We’ve compiled an ever growing list of real estate terms you should know to help you better understand the process and plan your move.

Commingling

Commingling is the act of mixing funds together, and conversion refers to the act of using funds for a purpose other than what they were originally intended for. For example, if the landlord were to deposit security deposit funds into the same bank account that holds his rental income, they would be commingling funds.

Adjustable rate mortgage (ARM)

With ARM loans, interest rates can change after an initial fixed rate period as they adjust based on the interest rate index the ARM is tied to (e.g., LIBOR, COFI, etc.). This loan type is less predictable than a traditional fixed rate mortgage, but it can potentially yield lower interest rates during certain periods.

Appraisal

An appraisal is required to gather the estimated value of a piece of real estate. During the home sale, the mortgage lender sends out an appraiser to get a professional opinion of the value of the property. This helps the lender decide if the property is worth the amount of the loan the potential buyer is seeking.


Appraisal contingency

An appraisal contingency is a clause that allows a buyer to dissolve a purchase agreement if a home’s appraised value is less than the sale price.

An appraiser hired by the buyer’s lender evaluates the value of the home to ensure that the loan is secured by an appropriate home value. Lenders want to ensure they are not “over paying” for a property.

As is

A property marketed in “as is” condition usually indicates that the seller is unwilling to perform most if not all repairs. It could also mean that it is priced “as is”, which is typically lower than market pricing in the area.

Finally, “as is” is in the condition at the time the offer was written, and should something happen to the property from the time the offer was written to the closing time which alters that condition, then that property is no longer “as is”, as it was, and should be brought back to its original “as is” condition at the time of offer, at the cost of seller. Or in the alternative, the seller should release the buyer from their obligation to purchase and refund the monies spent by the buyer, such as earnest money.


Backup offer

When a buyer is interested in purchasing a property that is already under contract with someone else, that buyer has an opportunity to submit a “backup offer”, in case the first transaction falls apart. A backup offer must still be negotiated and any monies, such as earnest money, submitted, to confirm it is the next offer in line. There can only be one backup offer legally, as you cannot have a backup to the backup.

Blind offer

When a buyer makes an offer on a property they haven’t seen, even when it was possible to see it, that offer is considered a “blind offer”. It is most commonly used in a highly competitive area and/or circumstance, and used as an attempt to be first and win quickly.

Buyer’s agent/listing agent

A buyer’s agent, also known as a selling agent, is a licensed real estate professional whose job is to locate a buyer’s next property, represent their interests by negotiating on behalf of that buyer to obtain the best price and purchasing scenario for that buyer as possible. This agent is a fiduciary for the buyer.

The listing agent, also known as the seller’s agent, is a licensed real estate professional whose job is to market the seller’s property, and to represent the seller’s best interest by negotiating on behalf of the seller to secure the best price and selling scenario as possible. This agent is a fiduciary for the seller.

Buyer and listing agent commissions are each a percentage of the contract price in each sale.


Covenants, conditions & restrictions (CC&Rs)

Usually, these are the rules and regulations placed on real property by a homeowner’s association (HOA), a neighborhood association, a developer, or a builder that sets forth any requirements and limitations of what a homeowner is allowed to do with the property. It may also include monthly and/or annual fees or special assessments.


Conventional sale

A conventional sale is when the property is owned outright (has no mortgage remaining) or the owner owes less on their mortgage than what the market indicates the owner could sell their property for. Such conventional sales are often smoother transactions than non conventional sales, such as foreclosures, probate related sales and short sales.


Closing

Closing is when the home sale is considered final, which typically includes all parties’ signatures on all required documents, all monies conveyed, and when a lender is involved, with full lender’s approval. For some markets across the nation, recording the deed with the county clerk’s office is the ultimate and final step of closing. Once all of these items are completed, then a buyer’s access to the property is then provided, and the buyer is considered the new homeowner.

Closing costs

Closing costs are an assortment of fees, including fees charged by: a lender, the title company, attorneys, insurance companies, taxing authorities, homeowner’s associations, real estate agents, and other closing settlement related companies. These closing costs are typically paid at the time of closing a real estate transaction.

Days on market (DOM)

DOM is defined as the number of days from the date on which the property is listed for sale on the Real Estate Database (RED) to the date when the seller has signed a contract for the sale of the property with the buyer.

A related metric is the average DOM for homes sold in a market during a specified period. A low average DOM indicates a strong market that favors sellers. A high average DOM signals a weak market that favors buyers. Seasonality can also be a factor.

Homes generally appear to sell faster in at the end of the year, since you often have more people from the diaspora looking to purchase and sell during the time when they are back for christmas holiday.

Debt to income ratio

Debt to income, or DTI, ratio is a number used by mortgage lenders which is determined by the total of your debt expenses, plus your monthly housing payment, divided by your gross monthly income, and multiplied by 100. This helps lenders determine affordability based off of their available loan programs, and allows them to estimate how much you can afford to pay monthly for a mortgage.

Lenders typically look for borrowers who pay 28 percent, or less, of their total monthly income on housing, and less than 36 percent of their income on debt payments, according to Investopedia. If either percentage is on the higher side, and you want to buy a home, you might need to adjust your budget.

Due diligence

A due diligence period of time might be available in the purchase agreement, which is a time frame provided to a buyer to fully examine a property, often by hiring experts to inspect the property, perform tests, etc., so that a buyer may decide on how to proceed.

A buyer might also be afforded an opportunity to renegotiate the contract based off of their findings or possibly even to terminate within a specified time period, in order to not be considered in default of the contract. Due diligence allows a buyer to fully understand what they are buying.

Earnest money deposit (EMD)

An earnest money deposit (EMD), sometimes referred to a “good faith deposit”, is the initial funds that a buyer is asked to put down once a seller accepts the buyer’s offer. It shows not only that the buyer is serious about buying, but that they are also willing to put their money where their mouth is.

The amount of the EMD can vary between 1 to 5 percent of the sales price. The EMD is often held by an escrow company, or as otherwise provided for under the purchase and sale agreement (PSA).

Escrow holder

The escrow holder is the agent and depositary (impartial third party) who collects the money, written instruments, documents, personal property, or other things of value to be held until the happening of specified events or the performance of described conditions, usually set forth in mutual, written instructions from the parties.

Equity

This is the investment a homeowner has in their home. To calculate equity, take the market value of the home and subtract any mortgages or liens against the property. The amount leftover is the amount of equity you have in the home.

It’s important to build equity as homeowners can leverage this financial asset to obtain loans to help finance items such as home repairs, or to pay off higher interest debt.

Hard money loan

Hard money loans are a way to borrow without using traditional lenders. Hard money lenders finance the loan based on the property in question, not on your credit score, and typically require a large down payment and short repayment schedule.

Home sale contingency

A home sale contingency is for a buyer to indicate to a seller that part of their condition to purchase the seller’s property relies on the buyer’s ability to finalize a close on their current property. This is often negotiated with a clause in a contract or with an addendum to a contract. An example of how such a contingency can be used would be if a buyer needs to sell their property in order to have the down payment required on the purchase of the new property, or would rather use their sale proceeds instead of their savings to make the down payment. Depending on the market, it could hamper negotiations with a seller when a contingency is part of the picture.

Inspection

An inspection happens when buyers pay a licensed professional inspector to visit the home and prepare a report on its condition and any needed repairs. The inspection often happens as part of the due diligence period, so buyers can fully assess if they want to buy a particular home as is, or ask the seller to either complete or pay for certain repairs.

Inspection contingency

Also known as a “due diligence contingency,” the inspection contingency is a clause sometimes offered in a purchase agreement that grants buyers a predetermined amount of time during escrow to perform any necessary inspections.

Land lease

Traditionally, when you purchase a home, you own the home and the land the property is built on. There are some circumstances that involve a land lease, which means you would own the home while paying rent to the landowner for the land.

Loan contingency

A loan contingency is a clause or addendum (also known as a mortgage contingency) in an offer contract that allows a buyer to back out of a deal and keep their deposit if they are unable to secure a mortgage with specified terms during a fixed period of time.

Mortgage pre approval letter

Getting a mortgage pre approval letter is important because it gives home buyers an idea of what they can afford. A mortgage pre approval letter is issued by the lender and identifies the terms, loan type and loan amount the buyer qualifies for after checking the buyer’s debt to income ratios along with cash on hand and credit history.

Many sellers or their agents require a mortgage letter with any home offer that isn’t all cash, since it acts as proof the buyer has been qualified to get financing.

Multiple Listing Service (or MLS)

An MLS is a database that allows real estate agent and broker members to access and add information about properties for sale in an area. When a home is listed for sale, it gets logged into the local MLS by a listing agent. Buyer’s agents often check the MLS to see what’s on the market and what similar homes have sold for. According to RealEstaeDatabase.net, there is only one MLS in Uganda.

Offer/counter offer

Buyers make a formal offer on the home they want to purchase. The offer can be the full list price, or what you and your agent deem a fair market value.

The buyer’s agent puts the offer in writing, asks you to sign it, and then submits it to the seller’s agent. The seller might immediately accept it, in which case it becomes the parties’ purchase contract, or may make what’s known as a counter offer. It’s the art of negotiation, recorded in paperwork.

Option period

A termination option period (known as “option period”) is a form of a due diligence period, however it is only available to a buyer who separately purchases this right for a negotiable amount of money and for a negotiable period of time.

When a buyer has purchased this right to terminate, they are strongly encouraged to get all of their inspections and other due diligence performed during this option time frame, although doing so during this timing is not required.

If the buyer chooses to terminate the contract within the option period, then the earnest money shall be released back to the buyer.

Pre approval

Getting pre approved requires home buyers to fill out an application that allows a lender to determine their financial situation, including their debt to income ratio, ability to repay and credit worthiness. Once this is in hand, the lender can give the buyer a letter stating the exact loan amount they have been pre approved for along with the total sales price they are approved for.

The letter will usually indicate both the buyer’s estimated down payment along with the potential interest rate. Because it is much more thorough than a pre qualification letter, most sellers prefer to see a pre approval letter with an offer.

Preliminary report

A preliminary report reveals any issues with a title that need to be dealt with by the seller in order to deliver a clear title. It gives details such as ownership history, liens, and easements. The title company gathers this report by searching existing property records.

This report is required for a title insurance company to issue a title insurance policy. Most lenders require borrowers to purchase title insurance coverage to protect their interest in a property. It’s customary in many areas for a seller to pay for this policy, although it is a negotiable item.

Pre qualification

A pre qualification is a lender’ estimate of the amount a home buyer can expect to be approved for during the loan process. Getting pre qualified is a quick assessment by a lender of the buyer’s financial situation based solely off of what a buyer tells a lender, and not based with any proof or verifications.

Principal

The principal balance of a mortgage loan is the amount of money owed to the lender, not including interest. Say you borrow Ugx 300,000,000. That’s the principal of the loan, or what you borrowed to buy the home. Buyers pay the principal plus interest each month, although calculated on a daily basis for most loan type. Payments nearly always go toward interest first, then toward paying down the principal.

Probate sale

A probate sale happens when a homeowner dies without writing a will or leaving a property to someone. In such situations, the probate court would authorize an estate attorney, or other representative, to hire a real estate agent to sell the home. The total process will usually be a bit more complicated and therefore will take more time than a conventional sale.

Proof of funds

When you make an offer, sellers will require you to submit proof of funds. If you’re buying a house with a mortgage, it shows them that you have the cash available for your down payment and closing costs. If you’re paying all cash, your proof of funds shows you actually have the money.

The following documents qualify as proof of funds:

    Original or online bank statements with bank letterhead
    Copy of a money market account balance with bank’s logo or letterhead
    Certified financial statements, such as an income or cash flow statement that’s been signed off on by an accountant
    An open equity line of credit

Purchase and sale agreement (PSA)

A purchase and sale agreement is commonly referred to a written contract between the buyer and seller, which outlines the terms of the parties to sell and purchase real property.

When a home is “under contract” it usually signifies that the Buyer and Seller have formalized their commitment to sell and purchase the real property.

Real estate owned (REO)

Real estate owned is a designation given to properties which are owned by a lender due to an unsuccessful foreclosure sale at auction.

REO properties can sometimes present an opportunity for a buyer to be purchased for below market value as most banks would prefer to reinvest the proceeds, rather than waste time marketing the property for an extended period.

Additionally, the bank will often market the property “as is” meaning they are unwilling to make any repairs to the property, which can make financing tricky.

Realtor

An actively licensed real estate agent and Realtor are often used interchangeably, although not every real estate agent is a Realtor. A Realtor is a member of the National Association of Realtors (NAR).

A Realtor promises to uphold the Code of Ethics of the association and to hold each other accountable for when serving the public, customers, clients and each other, with a high standard of practice and care.

Rent back

Rent back, or leaseback, refers to an arrangement whereby the buyer, who is now the new homeowner, agrees to allow the seller, the now tenant, to stay in the house beyond the close of escrow. The terms are negotiated prior to the situation occurring and will often involve a lease deposit, a daily rental rate, and a length of time allowable.

The rate can sometimes be determined by looking at the new homeowner’s monthly out of pocket for the mortgage as well as the possible inconvenience this may cause them in delaying their own move, all factoring into a daily rate.

Seller concession

Sellers may offer concessions to incentivize buyers to purchase the home, or sweeten the deal.

Concessions are most readily seen as a contribution towards the buyer’s closing costs, up to certain limitations and approvals by a buyer’s lender, which ultimately leaves more money in a buyer’s pocket when all is said and done.

Seller disclosure

A seller’s disclosure is a disclosure by the seller of information about the property, or which could affect a buyer’s decision to purchase the property, all of which to the best of the seller’s knowledge.

A seller must also indicate items which are not specific to the property itself but related to a person’s enjoyment of the property, such as pest problems, property line disputes, knowledge of major construction projects in the area, military base related noises or activities, association related assessments or legal issues, unusual odors caused by a nearby factory, or even recent deaths on the property as permitted by law.

Short sale

In a short sale, the property is being sold for less than the debt secured by the property. Short sales will require the approval of the seller’s lender(s) as the proceeds of the sale will be just “short” of the amount owed; most lenders’ processes of approving short sales are long and drawn out, requiring more time to close than a traditional sale.

Subject to inspection

Subject to inspection, or “submit offers subject to inspection”, means that the seller is not allowing the property to be viewed without an accepted offer. Some common reasons for this are privacy concerns of the occupants or uncooperative tenants.

The thought of buying a property sight unseen can be daunting for the traditional buyer, which can be used to your advantage as this will inevitably drive overall interest down.

It’s also not as bad as it seems as, under the standard purchase contract, you will have an inspection period, during which you can cancel the sale with no penalty.

Tenancy in common (TIC)

Tenancy in common describes a type of joint ownership of a property, whether a single family property or a commercial building. The tenants in common all own the property, but in different ratios.

Depending on the property type will determine the ease or difficulty in securing financing. Also to note, tenants in common do not have the right to survivorship (the surviving owners do not get to split up the deceased tenant’s property interest), and instead, the deceased tenant’s ownership interest/percentage actually falls to their own estate, as defined by their will or the governing law.

Termite report

Termites are small, pale, soft bodied insects that feed on wood, and can be highly destructive. The WDI (wood destroying insect) report, also known as the Termite Report, includes a diagram of the property and the location of active and/or previous WDI activity.

The report can also and sometimes include what may be necessary to resolve such possible infestations such as spraying or tenting. The WDI report will rarely if ever include the cost for such items, as that may be considered a conflict of interest.

Title search

A title search examines public records for the history of the home, including sales, purchases, and tax and other types of liens.

Generally, a title examiner will conduct a search using title plants, and sometimes the county records, to see who is listed as the record owner of the property. Such information, along with any liens or encumbrances that are recorded against the property, will be listed in the Preliminary Report for the parties to review prior to the close of escrow.

Trust sale

A trust sale means that the home is being sold by a trustee of a living trust – and not a private party. More often than not this is because the original homeowner has passed away, or has placed their assets in a living trust.

The trustee may not be as emotionally attached to the property as a traditional owner, which could translate to them accepting a less attractive offer as the trustee may prefer to offload the property.



OTHER PAGES
DOWNLOAD A FREE TENANCY AGREEMENT TEMPLATE. - Here below is a basic sample tenancy agreement and at the end is a download link of the same in word format, but please note that specific details might need to be tailored based on your local laws and regulations. It's also recommended to consult legal professionals to ensure the document meets all the necessary legal requirements. Here's a simple template: TENANCY AGREEMENT This Tenancy Agreement ("Agreement") is entered into on [Date], between: Landlord:[Landlord's Full Name] [Land ....


COMMISION AGREEMENT TEMPLATE - A real estate commission agreement is a legally binding document that outlines the terms and conditions between a real estate agent and a seller for the sale or purchase of a property.   It establishes the commission rate, the duration of the agreement, and the responsibilities of both parties. To help real estate agents and sellers draft a commission agreement, we are providing a free to download sample real estate commission agreement template.   This template can be customized t ....


CONDOMINIUM PROPERTY ACT OF 2001 - Condominiums, or condos, are buildings divided into individually owned units surrounded by jointly owned common areas. In Uganda, condo ownership is regulated by the Condominium Property Act of 2001 and Condominium Property Regulations of 2002 (amended in 2012). Here are key points to consider: Registration: Approval from local authorities is required before registering the condominium plan with the land registrar. Each unit receives a certificate of title, which holds the same legal weight ....


PURCHASE AND SALE AGREEMENT TEMPLATE - Thank you for your interest in our Purchase and Sales Agreement template! This document is a legally binding agreement between the buyer and seller for the purchase and sale of a property. The Purchase and Sales Agreement template includes all the essential details required for a real estate transaction, such as the purchase price, payment terms, closing date, and any contingencies that must be met before the sale can be finalized. It is crucial to have a written agreement in place ....


LAND TRANSFER FORM - Welcome to the land transfer form page. If you are looking to transfer ownership of a piece of land, you have come to the right place. To begin the process, you will need to download and complete the land transfer form. To download the form, please click on the link provided below. Once you have downloaded the form, you can print it out and fill it in by hand. Please make sure to read the instructions carefully before completing the form, and ensure that all the required information is pr ....


THE LANDLOARD AND TENANT ACT 2022 - THE LANDLORD AND TENANT ACT, 2022.   ARRANGEMENT OF SECTIONS PART I - PRELIMINARY Section Application Interpretation PART II - TENANCY AGREEMENTS Making of tenancy agreements. Tenancy agreement of twenty five currency points or more to be in writing. Landlord to give tenant copy of tenancy agreement PART III - TERMS AND CONDITIONS IN TENANCY Fitness for human habitation Implied term as to fitness for human habi Repairing obligations Duty to keep premises in repa ....


REAL ESTATE LINGO (PART 2) - Acceleration clauseAlso known as an acceleration covenant, this is a contract provision requiring the borrower to repay all of their outstanding loan to a lender if certain requirements outlined by the lender aren’t met.   Active contingentWhen a seller accepts an offer from a buyer, that offer is contingent upon the buyer’s ability to meet certain conditions before finalization of the sale. Contingencies might include the buyer selling their home, receiving mortgage approval, ....


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