SALE AGREEMENT:
Also known as "Agreement of Purchase and Sale" or
"Purchase Agreement:. The contract that sets out the
terms and conditions agreed to by the purchaser and
the vendor in the sale of land.
SALE AND LEASEBACK (SALE-LEASEBACK):
Where the vendor sells the property to the
purchaser, then leases it back immediately for a
long term.
SALE OF PERSONAL RESIDENCE BY ELDERLY:
An income tax forgiveness program on capital gains
realized by the elderly on the sale of their homes.
SALE PRICE:
Also known as "purchase price", the amount of money
paid by the purchaser to the vendor for the property
under the agreement.
SALES ASSOCIATE:
A real estate professional in the employ of another
such real estate professional.
SALES COMPARISON APPROACH:
Method of estimating value of a property by
comparing similar properties that have been sold
recently.
SALES CONTRACT:
See "sale
agreement".
SANDWICH LEASE:
A slang term for a sublease, where the tenant is
sandwiched between the owner and the subtenant,
acting both as lessor and lessee at the same time.
SATELLITE TENANT:
A smaller shop in a mall.
SATISFACTION OF MORTGAGE:
Written evidence from the lender that a loan has
been paid out in full and the borrower released from
any obligation to the lender.
SAVINGS AND LOAN ASSOCIATION (S&L):
Another form of mortgage lender.
SAVINGS ASSOCIATION INSURANCE FUND (SAIF):
The Federal Deposit Insurance Corporation (FDIC)
insurance fund for deposits in savings and loan
associations.
SCARCITY:
The idea that price is driven by availability of the
product. If there is not enough product to meet
demand (the product is scarce), the price of the
product will rise.
SCENIC EASEMENT:
A right to the use of land which is given for the
purpose of ensuring that the land is never developed
and the natural beauty of the area is, as a result,
preserved.
SCHEDULE:
A document attached to an instrument for
registration or to a contract or agreement, which
may contain information required in the instrument
or extra terms of the contract.
SCHEDULED MORTGAGE PAYMENT:
The periodic payment the borrower is obliged to pay
on a loan.
SEARCH:
An investigation, a review of public records for
problems, concerns or simply for information. See "title
search".
SEASONED MORTGAGE:
An old loan under which the borrower has proven
herself capable of meeting loan obligations.
SECOND:
One sixtieth of a minute which is one sixtieth of a
degree which is one 360th of a circle. Used in metes
and bounds descriptions when astronomic bearings are
used to describe directions.
SECOND MORTGAGE:
A mortgage loan which is registered on title after
another mortgage (the first mortgage) and,
therefore, is behind the first mortgage in priority.
In the event of default and sale of the property,
the second mortgagee will only be paid if there are
funds left after the payment of the first mortgagee.
SECONDARY
FINANCING:
Another term for a second mortgage; a loan which
stands behind the principal loan.
SECONDARY MARKET:
The purchase and sale of mortgages among lenders.
SECTION:
A square mile in the Government Survey Method,
contains 640 acres.
SECURITY:
An asset held as a guarantee of payment of a loan.
SECURITY DEPOSIT:
Money held by the landlord to ensure the tenant
meets his obligations under the lease.
SECURITY INTEREST:
Legal term for the claim the lender has against the
borrower's property which has been pledged under a
loan.
SEE-THROUGH BUILDING:
Slang term for a property which is mostly empty of
tenants.
SELF-AMORTIZING MORTGAGE
LOAN:
A loan which will be paid off by the end of its
term, such that its term equals its
amortization
period.
SELLER FINANCING:
Also known as "vendor
take-back mortgage"
or "mortgage
back", where the
seller of a property agrees to payment of part of
the purchase price over time with the debt to the
seller registered on title as a mortgage.
SELLER'S MARKET:
Demand is greater than supply, such that the vendor
may demand a higher price.
SELLER-TAKE-BACK:
See "seller financing".
SELLING AGENT:
The real estate professional who brings the eventual
purchaser to the property and the vendor. As opposed
to "listing agent".
SEMIANNUAL:
Occurring twice per year.
SEMIDETACHED HOUSING:
A dwelling that shares one side wall with another
dwelling.
SEPARATE PROPERTY:
Property owned by one spouse solely, rather than
jointly with the other spouse.
SEPTIC SYSTEM:
A manner of dealing with sewage of a dwelling,
through pipes into a septic tank.
SERIOUS DELINQUENCY:
The condition of being far behind in mortgage
payments such that mortgage enforcement by the
lender is imminent.
SERVICING (THE LOAN):
The act of collecting periodic payments toward a
debt.
SERVICING FEE:
The fee charged to the borrower for the lender's
costs of collecting payments and administering a
loan.
SERVIENT ESTATE:
The piece of land which is subject to an easement.
As opposed to the "dominant estate".
SERVIENT TENEMENT:
The piece of land which is subject to an easement.
As opposed to the "dominant tenement".
SET BACK ORDINANCE/BYLAW:
A municipal government rule that establishes the
minimum distance a building or other improvement
must stand from property lines.
SETTLEMENT BOOK:
An information pamphlet given by lender to borrower
which explains the process of the loan, settlement
of the loan, etc.
SETTLEMENT COSTS:
See "closing
costs".
SETTLEMENT SHEET:
The information sheet which sets out the allocation
of funds on closing.
SEVER:
To divide one piece of property from another to be
sold or used separately.
SEVERALTY:
Ownership of land by an individual.
SEVERANCE:
The word for the act of dividing one property from
another or splitting a property into pieces.
SHARED APPRECIATION MORTGAGE (SAM):
A loan arrangement which allows the lender to share,
in exchange for a reduced interest rate, in any gain
in the value of the property against which the
mortgage is secured.
SHELL LEASE:
A rental agreement wherein the tenant rents the
incomplete building and agrees to complete the
interior work, such as plumbing, wiring, interior
walls, floors, etc.
SHERIFF:
Enforcement officer in a jurisdiction, person
charged with the responsibility of enforcing writs
and liens against people.
SHERIFF'S DEED:
The instrument of conveyance for property sold to
satisfy a court judgment.
SHERIFF'S SALE:
The forced sale of a property to satisfy a debt or
judgment.
SIGN BACK:
The act of countering an offer with a return offer.
The original offer document is amended, initialled
by the person amending it, and sent back to the
original offeror as a new, counter offer.
SIGNED SEALED AND DELIVERED:
A legal phrase suggesting that the party executing a
document intends it to be enforceable even if no
consideration is given to her for signing.
SIMPLE INTEREST:
A charge for the use of money which is calculated on
a periodic basis as a percentage of the principal
borrowed. No further interest is charged on interest
accumulated in earlier periods.
SINGLE AGENCY:
The representation of only one party to a
transaction.
SINGLE-FAMILY RESIDENCE (UNIT):
A property designed for the use and occupancy of one
family group.
SITE:
The location of something.
SOFT MARKET:
Also known as "buyers' market", when vendors far
outnumber buyers and prices fall.
SPEC HOUSE:
A new dwelling which is being built or has been
completed by a builder before a purchaser has been
found to buy it.
SPECIAL ASSESSMENT:
The levying of an additional tax on a property for a
specific purpose (i.e. to apportion the cost of
infrastructure upgrades among area land owners).
SPECIAL USE PERMIT:
A temporary exemption from zoning use by-laws or
ordinances.
SPECIAL WARRANTY DEED:
An instrument of conveyance in which the vendor
warrants she has done nothing to cloud title but
nothing further.
SPECIAL-PURPOSE PROPERTY:
A piece of land specifically designed and improved
for a specific purpose -- a school or hospital.
SPECIFIC PERFORMANCE:
A remedy for breach of contract, where the breaching
party is ordered to complete the contract according
to its terms.
SPECULATIVE BUILDER:
A developer who constructs housing without
pre-selling.
SPECULATOR:
Someone who buys property on the expectation that
its value will increase and it will be sold at a
profit.
SPILLOVER EFFECT:
The impact of changes to or development of one
parcel of land on a neighboring or nearby parcel.
SPOT ZONING:
The practice of applying zoning ordinances or bylaws
to specific properties when neighboring lands may be
under a different classification.
SPREADING AGREEMENT:
A contract in which the borrower gives the lender
additional security for a loan by allowing it to be
lodged against other property owned by the borrower.
SQUARE-FOOT METHOD:
Method of estimating cost of construction on the
basis of the area of the building to be built.
SQUATTER'S RIGHTS:
The legal rights to occupy a property which accrue
to a person as a result of their long-time, open,
notorious and
adverse possession
of it.
STAKING:
A surveyor's method of marking the boundaries of a
property by placing a physical entity (a stake or
bar) in the ground.
STAMP TAX:
The charge levied by governments on the transfer of
property.
STANDARD MORTGAGE:
A mortgage which has equal periodic payments and is
paid out at the end of its term.
STANDARDS OF PRACTICE:
A professional code of behavior for real estate
professionals promulgated by the National
Association of Realtors.
STARTER HOME:
A small home, inexpensive, suitable to first-time
home buyers.
STATE STAMPS:
State levied land transfer taxes.
STATEMENT OF RECORD:
A filing required by the Department of Housing and
Urban Development (HUD) from a developer with a
project involving 50 or more lots who plans to
market it across several states.
STATUTE OF LIMITATIONS:
The period of time after the originating incident in
which an injured party may start a legal claim
against the party who caused the injury.
STATUTORY LIEN:
A claim which may be registered against property and
is created by a law.
STRAW MAN:
A slang term for a trustee who purchases property on
behalf of another who wishes to remain anonymous.
STREET ADDRESS:
See "municipal
address".
SUBDIVISION:
1. The creation of a number of smaller lots out of
one or more large lots for the purposes of
developing each smaller lot and selling them.
2. A newly created urban development.
SUBDIVISION REGULATION(S):
Rules set out by the local government that set out
minimum requirements for approval of a new
subdivision.
SUBJECT BUILDING:
A term used to identify the building being dealt
with, examined or considered, as distinguished from
other buildings.
SUBJECT PROPERTY:
A term used to identify the property being dealt
with, examined or considered, as distinguished from
other properties.
SUBJECT TO:
An indication that title to a property includes an
obligation of some sort, an easement, right of way,
lien, right of claim. Opposite of "together with".
SUBJECT TO MORTGAGE:
A term of an agreement which states that the
purchaser will assume an existing mortgage
registered on title to the property.
SUBLEASE:
A rental contract between a tenant and someone who
rents from the tenant.
SUBLESSEE:
A tenant's tenant.
SUBLESSOR:
A tenant who leases the premises to another person.
SUBMARGINAL LAND:
Real property that could not be developed in a
financially useful way.
SUBMORTGAGE:
Where a mortgage is pledged as security for a loan
to the mortgagee (the original lender).
SUBORDINATE FINANCING:
See "secondary
financing".
SUBORDINATION:
Placing the right of one person behind those of
another.
SUBORDINATION CLAUSE:
An agreement by the lender which allows the current
mortgage to be "postponed" or placed behind a later
mortgage in priority.
SUBSTITUTE OF TRUSTEE:
An instrument registering a change of trustee under
a deed of trust.
SUCCESSION:
The conveyance of property to the heirs of a
deceased person under the laws governing intestate
distribution of assets.
SUFFERANCE:
A legal concept, the deemed consent to the actions
of another person which results when a person who
could be expected to react to the other person's
actions refuses to do so.
SUIT:
A legal action commenced to enforce a claim or
right.
SUPERADEQUACY:
A feature of a property which may not be recognized
fully in the price of the property.
SUPPORT DEED:
An instrument conveying ownership of land in
exchange for a promise on the part of the grantee to
care for the grantor for his lifetime.
SURETY BOND:
A legal document issued to assure the completion of
an act by another person.
SURFACE RIGHT:
A legal interest in the use or occupation of the top
of land. As opposed to "subsurface" or "mineral
rights".
SURPLUS FUNDS:
Money gained in a mortgage enforcement sale of
property which is in excess of the money required to
satisfy the mortgage, interest, penalties, and
costs.
SURRENDER:
To give up, to turn over something to a person
claiming interest in it.
SURVEY:
A pictorial depiction of land and the improvements
on it. Shows boundary lines (with measurements and
bearings), buildings, sheds, easements, etc.
SURVEYOR:
A professional who is trained to map out land and
improvements to land accurately.
SURVIVORSHIP:
The condition of outliving others. Surviving joint
tenants have the right to take title to the land
from a deceased joint tenant by right of
survivorship.
SWEAT EQUITY:
Slang term for the contribution to the value of a
property made by manual labor.
SWEETENER:
Slang term for an added incentive to a party to
induce her to enter a transaction.
SWING LOAN:
A short-term loan designed to bridge the
borrower's finances between two events. For example,
a person who buys a new home in April but cannot
sell her old home until June may require a swing
loan to carry both homes for the interim period
until the old home may be sold and the proceeds used
to pay out the swing loan. Also known as "bridge
financing". |