OBJECTION:
The statement by the Purchaser of a concern
regarding title to the subject property which the
Purchaser requires the Vendor to correct before
closing. Also known as "requisition".
OBLIGEE:
The lender in a loan transaction -- the person to
whom, as a result of her actions, another person
owes an obligation. See also "mortgagee"
or "chargee".
OBLIGOR:
The borrower in a loan transaction -- the person who
owes an obligation to another.
OBSOLESCENCE:
The loss of value or usefulness resulting from
advances in technology and the passage of time.
OCCUPANCY:
The physical control and possession of a building or
property.
OCCUPANCY PERMIT:
Issued by local building departments, permission to
enter and occupy a newly built or renovated dwelling
after an inspection has established that there are
not potential threats to the safety of occupants.
OCCUPANCY RATE:
The percentage of available rental space that is
actually rented and in use in a given building or
community.
OFFER:
To make available, to express a willingness (whether
in writing or orally), in the case of real estate,
to inform another party of your willingness to sell
or buy a specific property on terms set out in your
offer. An offer, once made, may be accepted at any
time before it is rescinded. Once accepted, the
offer and acceptance generally form a binding
contract.
OFFER AND ACCEPTANCE:
Components of a contract, applicable to the real
estate situation where a Purchaser may make an offer
on a property and the Vendor may accept that offer.
OFFER TO PURCHASE:
A written expression of a person's willingness to
purchase a certain property on terms expressed in
the offer.
OFFER TO SELL:
In general, a written expression of a person's
willingness to sell a certain property on terms
expressed in the offer.
OFFEREE:
The person who receives an offer.
OFFEROR:
The person who makes an offer.
OFFICE OF INTERSTATE LAND SALES REGISTRATION:
A HUD agency which has the responsibility for
enforcing the Interstate Land Sales Full Disclosure
Act.
OFFICE PARK:
Similar to an industrial park but for offices, a
property designed and developed specifically to
attract corporate offices and provide them with all
facilities required to carry on business.
OFFICIAL MAP:
The pictorial depiction of the land-use control
areas of a municipality used by the local
government.
OFF-SITE COSTS:
Expenditures for facilities required by a particular
development but located elsewhere (such as streets,
schools, sewers and waste disposal facilities).
OFF-SITE IMPROVEMENTS:
Facilities which are required for the use and
development of a particular property but which are
located elsewhere.
OFF-STREET PARKING:
Spaces for cars which are located on private
property rather than on public streets. Local
by-laws may require that any new commercial,
residential or retail development provide a certain
number of parking spaces as part of the development.
OIL AND GAS LEASE:
An agreement in which a property owner allows
another person to exploit any oil or gas deposits on
the land for a certain period of time in exchange
for periodic payments.
ON OR ABOUT:
Legalese way of noting that the exact date of an
event has not been determined.
ON-SITE IMPROVEMENTS:
Work completed on a property which adds to its value
or utility.
OPEN AND NOTORIOUS:
See "notorious".
OPEN END MORTGAGE:
A loan which is specifically drafted to allow the
borrower to borrow further funds at a later date
without requiring the preparation and registration
of new mortgage documentation.
OPEN HOUSE:
An advertised period of time in which a property
which is for sale is available for inspection by
prospective purchasers.
OPEN LISTING:
An agreement whereby the owner of the property may
enlist more than one broker to attempt to sell the
property and the commission is payable only to the
successful agent.
OPEN MORTGAGE:
A mortgage which may be prepaid in full or in part
at any time during that life of the mortgage without
notice, bonus or penalty.
OPEN SPACE:
Empty or vacant land, often parkland which is
considered an amenity for surrounding residences.
OPERATING EXPENSES:
Periodic expenses payable on an income-producing
property that are directly attributable to the use
of the property for the purpose of producing income.
OPERATION OF LAW:
The effect of a given statute or rule upon a
situation. For example, a joint tenant becomes the
sole owner of a property by operation of law upon
the death of the other joint tenant.
OPTION RISK:
The downside of giving a borrower an option, such as
the possibility that she may prepay an open mortgage
and reduce the income generated to the lender by the
accumulation of interest over the life of the
mortgage.
OPTION TO PURCHASE LEASED PROPERTY:
A clause of a rental agreement allowing the tenant
the right to buy the leased property upon terms and
conditions set out in the agreement.
ORAL CONTRACT:
A legally binding agreement crated by spoken words
rather than reduced to writing. In many
jurisdictions, oral contracts with regard to land
are unenforceable in any circumstance.
ORDINANCE:
A rule or by-law enacted by a local government.
ORIGINAL EQUITY:
The owner's original downpayment on a property.
ORIGINAL FACE VALUE:
The principal amount owed on a mortgage on the date
of its negotiation as shown on the "face" of the
agreement.
ORIGINAL PRINCIPAL BALANCE:
See "original face value".
ORIGINATION FEE:
See "commitment
fee".
OSTENSIBLE
AUTHORITY:
The suggestion that one person has the right to act
on behalf of another person created by the actions
of the "agent" and the inactivity or lack of protest
of the "principal".
OUTBUILDING:
A structure that is not a part of the main building
but is necessary to the full enjoyment of the
property (i.e. a shed, garage, etc.).
OUTSTANDING BALANCE:
The amount of money (including principal and
interest) owing at a given date on a loan or
mortgage.
OWNER FINANCING:
See " mortgage
back" or "vendor
take-back mortgage".
OWNER OCCUPIED:
Any property where the owner resides in all or part
of the property.
OWNER'S TITLE INSURANCE:
A title insurance policy which covers the owner of
the property from title defects and other flaws
which were not apparent at the time of the purchase.
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