Real Estate Glossary and Terminology

 

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SALE AND LEASEBACK A contract wherein the buyer of a property agrees to lease the same property to the seller.
SALES CONTRACT A contract by which a buyer and a seller agree to terms of sale.
SATISFACTION The discharge of a mortgage or a trust deed lien from the records upon payment of the evidence debt.
SEAL An impression made to attest the execution of an instrument.
SETBACK The distance from the curb or other established line, within which no building may be erected.
SHERIFF'S DEED A deed given by the court order in connection with the sale of property to satisfy a judgment.
 SPECIAL ASSESSMENT A legal charge against real estate by a public authority to pay the cost of public improvements such as street light, sidewalks, street improvements, etc.
SPECIFIC PERFORMANCE A remedy in court compelling the defendant to carry-out the terms of the agreement of contract which was executed.
STATUTE OF FRAUDS A state of law which provides that certain contracts must be in writing in order to be enforceable at law.   Examples:  a real property lease for more than one year; an agent's authorization to sell real estates.
STEWARDSHIP CONCEPT OF OWNERSHIP Obliges owners to utilize their property in a manner that will benefit not only their interest but also the general welfare.  When the extent of one's ownership exceeds the requirements of his necessities or when property utilization is not conductive to general welfare, then the state may exercise its power and authority to regulate or control ownership.
SUBORDINATION CLAUSE A clause in a junior or second lien permitting retention of priority for prior liens.  A subordination clause may also be used in a first deed of trust permitting it to be subordinated to subsequent liens, as, for example:  the liens of construction loans.
SUBPOENA A process to cause a witness to appear and give testimony.
SUBSTITUTION PRINCIPLE OF The value of replaceable property tends to be indicated by the value of an equally desirable substitute property.

SURETY

One who guarantees the performance of another.  Guarantor.

 

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