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ABATEMENT
Often and commonly referred to as free rent or
early occupancy and may occur outside or in addition
to the primary term of the lease.
ABSORPTION
The rate, expressed as a percentage, at which
available space in the marketplace is leased during
a predetermined period of time.
ABSTRACT OF TITLE
A condensed version of the history of title to
a piece of land that lists any transfers in ownership,
as well as any liabilities attached to it, such
as mortgages.
ABUTTING
The joining, reaching or touching of adjoining
land. Abutting pieces of property have a common
boundary
ACCELERATION CLAUSE
A provision in a written mortgage, note, bond
or conditional sales contract that, in the event
of default, the whole amount of principal and
interest may be declared to be due and payable
at once.
ACRE
A measure of land equal to 43,560 square feet.
AD VALOREM
According to value.
ADJUSTABLE RATE
MORTGAGE (ARM)
A mortgage loan whose interest rate fluctuates
according to the movements of an assigned index
or designated market indicator--such as the weekly
average of one-year US Treasury Bills--over the
life of the loan. To avoid constant and drastic
fluctuations, ARMs typically limit how often and
by how much the interest rate can vary.
ADJUSTMENT DATE
The date on which the interest rate changes for
an adjustable rate mortgage.
ALIENATION CLAUSE
A clause in a mortgage, which gives the lender
the right to call the entire loan balance due
if the property is sold, also known as a due-on-sale
clause.
AMORTIZATION
Calculation to determine a regular-interval payment
plan over time, with interest, to pay a set sum.
ANCHOR TENANT
The major or prime tenant in a shopping center,
building, etc.
ANNUAL PERCENTAGE
RATE (APR)
The actual cost of borrowing money, expressed
in the form of an annual interest rate.
APPRAISAL
A determination of the value of something by a
qualified, disinterested expert.
APPRECIATION
An increase in value or worth of property.
ASKING (LIST) PRICE
The price placed on a property for sale.
ASSIGNEE
A person to whom a property right is transferred.
ASSUMABLE MORTGAGE
An existing mortgage that can be taken over by
the buyer on the same terms given to the original
borrower.
ASSUMPTION OF MORTGAGE
The transfer of title to property to a grantee
wherein he assumes liability for payment of an
existing note secured by a mortgage against the
property.
ATTORN
To turn over or transfer to another money or goods.
To agree to recognize a new owner of a property
and to pay him/her rent. In a lease, when the
tenant agrees to attorn to the purchaser, the
landlord is given the power to subordinate tenant's
interest to any first mortgage or deed of trust
lien subsequently placed on the leased premises.
BALLOON
MORTGAGE
A mortgage where the final payment is considerably
larger than the preceding payments.
BASE RENT
A set amount used as a minimum rent in a lease
with provisions for increasing the rent over the
term of the lease.
BASE YEAR
The year of a lease term which is used to compare
subsequent years; usually when calculating operating
expense pass throughs.
BOMA
Building Owners and Managers Association
BOMA STANDARD
A nationally published standard of measuring office
space. Standards are published by other organizations
and can affect how the size of space is calculated.
BROKERAGE
For a commission or fee, bringing together parties
interested in buying, selling, exchanging or leasing
real property.
BUILDING CLASSIFICATIONS
Building classifications in most markets refer
to Class "A", "B", "C"
and sometimes "D" properties. While
the rating assigned to a particular building is
very subjective, Class "A" properties
are typically newer buildings with superior construction
and finish in excellent locations with easy access,
attractive credit to tenants and which offer multitude
of amenities to tenants. The class of a building
may vary depending on the location of the property.
What is a class B in one market might be a class
C in a different market. Also, as the class of
the building decreases (moves from A to B etc)
the rents tend to decrease.
BUILDING CORE
The section of the building where the restrooms,
ventilation shafts, electrical distribution, elevator
shafts and stairwells are located.
BUILDING STANDARD
The project specifications set out by the owner,
usually in conjunction with the project architect.
Details the type, quality and color selection
available with respect to carpet, paint, light
fixtures, wall coverings and other project finishes.
BUILD-OUT
The space improvements put in place per the tenant's
specifications.
BUILD-TO-SUIT
An approach taken to lease space by a property
owner where a new building is designed and constructed
to the tenant's specifications.
BUYER'S BROKER
A licensee who has declared to represent only
the buyer in a transaction, regardless of whether
compensation is paid by the buyer or the listing
broker through a commission split.
CALENDAR YEAR
A year using the actual number of days in each
month for a total of 365 days in a year (366 days
in a leap year).
CAP
The maximum allowable increase, for either payment
or interest rate, for a specified amount of time
on an adjustable rate mortgage.
CAPITAL EXPENSES
This type of expense is most often defined by
reference to generally accepted accounting principles
(GAAP), but GAAP does not provide definitive guidance
on all possible expenditures. Accountants will
often disagree on whether or not to include certain
items.
CAPITAL GAINS TAX
The taxable profit derived from the sale of a capital asset. The capital gain is the difference between the sale price and the basis of the property, after making appropriate adjustments for closing costs, fixing up expenses, capital improvements, allowable depreciation, etc.
CARRYING CHARGES
Costs incidental to property ownership, other
than interest (i.e. taxes, insurance costs &
maintenance expenses) that must be absorbed by
the landlord during the initial lease up of a
building and thereafter during periods of vacancy.
CEILING
The maximum allowable interest rate over the life
of the loan of an adjustable rate mortgage.
CERTIFICATE OF OCCUPANCY
A document presented by a local government agency
or building department certifying that a building
and/or the leased premises (tenant's space) has
been satisfactorily inspected and is/are in a
condition suitable for occupancy.
CLEAR TITLE
A title that doesn't have any liens (including
a mortgage) against it.
CLOSING
The conclusion of a sales transaction when the
seller transfers title to the buyer in exchange
for consideration.
CLOSING COSTS
Costs the buyer must pay at the time of closing,
in addition to the down payment which may include
points, title charges, credit report fee, document
preparation fee, mortgage insurance premium, inspections,
appraisals, prepayments for property taxes, deed
recording fee and property insurance. Closing
costs can vary considerably from one financial
institution to another.
CLOSING STATEMENT
A detailed written summary of the financial settlement
of a real estate transaction showing all charges
and credits made, and all cash received and paid
out.
COMMISSION
The compensation paid to a licensed real estate
broker or by the broker to the salesperson for
services rendered. Usually a percentage of the
selling price of the property or the total value
of the lease.
COMMON AREA
There are two components of the term common area.
If referred to with the Load Factor calculation,
the common areas are those areas within a building
that are available for common use by all tenants
of groups of tenants and their invitees. On the
other hand, the cost of maintaining parking facilities,
malls, sidewalks, public toilets, service facilities
and the like are included in the term "common
area" when calculating the tenants pro-rata
share of building operating expenses.
COMMON AREA MAINTENANCE
(CAM)
This is the amount of additional rent charged
to the tenant in addition to the base rent to
maintain the common areas of the property shared
by the tenants and from which all tenants derive
some benefit. Most often, this does not include
capital improvements (see capital expenses) that
are made to the property.
COMPARABLES
Properties which are similar to a particular property
and are use to compare and establish a value for
that property.
CONCESSIONS
Cash or cash equivalents expended by the landlord
in the form of rental abatement, additional tenant
finish allowance, moving expenses, cabling expenses
or other monies expended to influence or persuade
the tenant to sign a lease.
CONDEMNATION
The process of taking private property, without
the consent of the owner, by a governmental agency
for public use through the power of eminent domain.
CONDOMINIUM
A form of real estate, usually a dwelling with
individual ownership of separate portions of the
building plus shared ownership of the common areas.
Also found in industrial parks, where individual
units are separately owned, but the common areas
(such as guard gates, common landscaping, etc)
are shared.
CONTIGUOUS SPACE
1. Multiple suites/spaces within the same building
and on the same floor which can be combined and
rented as a single unit. 2. A block of space located
on multiple adjoining floors in a building.
CONTINGENCY
A provision in a contract stating that some of
all of the terms of the contract will be altered
or voided by the occurrence of a specific event.
CONVENTIONAL MORTGAGE
A loan neither insured by the FHA nor guaranteed by the VA.
CONVEYANCE
Most commonly refers to the transfer of title
to property between parties by deed. The term
may also include most of the instruments by which
an interest in real estate is created, mortgaged
or assigned.
COTERMINOUS
Two or more leases that end at the same time.
COUNTER OFFER
The rejection of an offer to buy or sell that
simultaneously makes a different offer, changing
the terms in some way.
CPI
Consumer Price Index. Sometimes used to index
rental rate escalations.
CPM
Certified Property Manager. Professional designation
conferred by Institute of Real Estate Management;
requires extensive specialized education and experience.
DBA
Doing Business As. Business names or aliases filed
with the county.
DEBT SERVICE
The total amount of debt which you must pay.
DEED
A written instrument by which title to land is
conveyed.
DEFAULT
The failure to meet an obligation, including lease
clauses (i.e. timely rent payment, tenant use
of premises, etc) and mortgages (i.e. timely mortgage
payments, timely payoff upon due date).
DEMISING WALLS
The partition wall that separates one tenant's
space from another or from the building's common
area such as a public corridor.
DEPRECIATION
A loss in value.
DISCLOSURE
The making known of a fact that had previously
been hidden.
DOWN PAYMENT
An amount of money the buyer pays which is the
difference between the purchase price and the
mortgage amount.
EARNEST
MONEY
A deposit made by the buyer as evidence of good
faith in offering to purchase real estate and
to secure performance of the contract. Earnest
money is typically held by a title company, in
an escrow account during the period between acceptance
of the contract and the closing.
EASEMENT
A right to use another person's real estate for
a specific purpose. The most common type of easement
is the right to travel over another person's land,
knows as a right of way. In addition, property
owners commonly grant easements for the placement
of utility poles, utility trenches, water lines
or sewer lines. The owner of property that is
subject to easement is said to be "burdened"
with the easement because he or she is not allowed
to interfere with its use.
EFFECTIVE RENT
The actual rental rate to be achieved by the landlord
after deducting the value of concessions from
the base rental rate paid by the tenant, usually
expressed as an average rate over the term of
the lease.
EMINENT DOMAIN
The right of the government to take private property
for public use, through court action known as
condemnation. The Fifth Amendment to the United
States Constitution provides that the government
may take private property only if the owner is
given "just compensation" (usually fair
market value) for his or her loss.
ENCROACHMENT
The intrusion of a structure which extends, without
permission, over a property line, easement boundary
or building setback line.
ENCUMBRANCE
A cloud against clear free title to the property
which does not prevent conveyance such as unpaid
taxes, easements, deed restrictions, mortgage
loans etc.
ENVIRONMENTAL IMPACT
STUDY
Documents which are required by federal and state
laws to accompany proposals for major projects
and programs that will likely have an impact on
the surrounding area.
EQUITY
The difference between the marketvalue of property and the homeowners's indebtedness (mortgage).
ESCALATION CLAUSE
A clause in a lease which provides for the rent
to be increased to reflect changes in expenses
paid by the landlord such as real estate taxes,
operating costs, etc.
ESCROW
A trust arrangement by which one or more parties
deposit things of value with an authorized escrow
agent in accordance with the terms of a real estate
agreement.
ESCROW ACCOUNT
1. A third party account which holds money safely
while a sale is in progress.
2. An account used to save monies required for
payment of an eventual debt.
ESTOPPEL CERTIFICATE
A signed statement certifying that certain statements
of fact are correct as of the date of the statement
and can be relied upon by a third party, including
a prospective lender or purchaser.
EXCHANGE
The trading of equity in a piece of property for the equity of another.
FAIR
MARKET VALUE
The price a willing buyer will pay a willing seller
for a leased property on an "as is, where
is" basis with both under no compulsion to
either buy or sell.
FINANCIAL STATEMENTS
Accounting statements that provide specific information
about a company's financial position The include
the Profit and Loss Statement, also known as the
Income Statement, the Balance Sheet, and the Statement
of Cash Flows. Financial statements can generally
be audited by an outside CPA firm or unedited
and, thus, prepared by the company.
FANNIE MAE (FNMA)
A congressionally chartered corporation which buys mortgages on the secondary market, pools them and sells them as mortgage-backed securities to investors on the open market. Monthly principal and interest payments are guaranteed by FNMA but not by the U.S. Government.
FIRST GENERATION
SPACE
Generally refers to new space that is currently
available for lease and has never before been
occupied by a tenant.
FIXED RATE MORTGAGE (FRM)
A mortgage in which the does not change during the entire term of the loan. also called interest rateconventional mortgage.
FIXTURE
Personal property which has been attached to real
estate so as to become a part of the real property.
The article must meet one of three conditions:
1) attached in a permanent manner 2) specially
adapted to the property or 3) intentionally made
part of the real property.
FLEX SPACE
A building providing its occupants the flexibility
of utilizing the space. Usually provides a configuration
allowing a flexible amount of office or showroom
space in combination with manufacturing, laboratory,
warehouse etc.
FORCE MAJEURE
A force that cannot be controlled by the parties
to a contract and prevents said parties from complying
with the provisions of the contract, for example
a hurricane.
FORECLOSURE
A procedure by which the mortgage (lender) either
takes title to or forces the sale of the mortgagor's
(borrower's) property in satisfaction of a debt.
FREDDIE MAC
Nickname for the Federal Home Loan Mortgage Corporation (FHLMC), A congressionally chartered institution that buys mortgages from lenders and resells them as securities on the secondary mortgage market.
FULL SERVICE RENT
An all-inclusive rental rate that includes operating
expenses and real estate taxes for the first year.
The tenant is generally still responsible for
any increase in operating expenses over the base
year amount.
GOVERNMENT
survey method A system of land description which
uses meridians (north and south lines) and base
lines (east and west lines). Areas include quadrangles
(24 miles on each side), townships (6 miles on
each side) and sections (1 mile on each side).
GRADUATED PAYMEN MORTGAGE: (GRM): A FHA
A mortgage with an interest rate that starts out low and increases gradually according to a predetermined rate.
GROSS LEASE
A lease in which the tenant pays a flat sum for
rent out of which the landlord must pay all expenses.
GROSS SQUARE FOOT
Usually the total building square footage, including
elevator shafts, vertical penetrations, equipment
areas, ductwork shafts and stairwells.
GROUND RENT
Rent paid to the owner for use of land, normally
on which to build a building.
HIGHEST
AND BEST USE
The use of land or buildings which will bring
the greatest economic return over a given time
which is physically possible, appropriately supported
and financially feasible.
HOLD HARMLESS
In a contract, a promise by one party not to hold
the other party responsible if the other party
carries out the contract in a way that causes
damage to the first party.
HOLD OVER TENANT
A tenant retaining possession of the leased premises
after the expiration of a lease.
HVAC
Heating Ventilation and Air Conditioning
IMPOUND ACCOUNT/ESCROW PAYMENT
That portion of a mortgagors' monthly payment held in trust by the lender to pay for taxes, hazard insurance, mortgage insurance, lease payments, and other items as they become due, known as impounds in some states.
INVESTOR
The holder of a mortgage or the permanent lender for whom the mortgage banker services the loan. Any person or institution that invests in mortgages.
IREM
Institute of Real Estate Management. Asset and
property managers, extensive educations programs,
conferences and networking.
ISDN
Integrated Services Digital Network A high-speed
data and media communication system, as much as
ten or more times faster than conventional phone
lines.
LEASE
A contract giving the lessee the right to use
the leased property for a period of time.
LEASE PURCHASE AGREEMENT
A lease in which the lessee can apply lease payments toward the purchase of the property if he/she chooses to.
LEASE TERM
The fixed term of the lease.
LEASEHOLD IMPROVEMENTS
Improvements made to the leased premises by or
for a tenant. Generally, especially in new space,
part of the negotiations will include in some
detail the improvement to be made in the leased
premises by the landlord.
LEGAL DESCRIPTION
A description of a specific parcel of real estate
which is acceptable to the courts in that state,
and which allows an independent surveyor to locate
and identify it. Usually it uses one of the following
methods: government survey, metes and bounds or
recorded plat (lot and block number).
LESSEE
The user of the leased property under the lease.
LESSOR
Depending on the type of the lease, either the
owner of the leased property or the owner of the
security interest in the leased property.
LETTER OF CREDIT
A specific arrangement between a lessee and one
of its banks. The bank agrees in the event of
a defined event, the lessor can look to the bank
to make payment instead of the lessee. This is
similar to a security deposit in that it is one
way for a lessor to insure that it will be paid
under the lease.
LETTER OF INTENT
A preliminary agreement stating the proposed terms
for a final contract. They can be binding or non-binding.
LIEN
A monetary claim against a property. These should
be settled before the sale is finalized.
LISTING AGREEMENT
The legal agreement between the listing agent/broker
and the vendor, setting out the services to be
rendered, describing the property for sale, and
stating the terms of payment.
LOAD FACTOR
The common area calculation used to convert usable
square foot measurements (usually, the physical
space actually occupied by the tenant) to rentable
square foot calculations. Usually includes a pro
rata share of restrooms, lobby and common hallways.
LOAN TO VALUE RATIO
The amount borrowed divided by the appraised value of the collateral, expressed as a percentage.
MARKET
RENT
The rental income that a property would command
on the open market with a landlord and a tenant
ready and willing to consummate a lease in the
ordinary course of business; indicated by the
rents that landlords are willing to accept and
tenants are willing to pay in recent lease transactions
for comparable space.
MECHANIC'S LIEN
A legal claim placed on real estate by someone
who is owed money for labor, services or supplies
contributed to the property for the purpose of
improving it.
METES AND BOUNDS
A system of land description using distance (metes)
and angles/compass directions (bounds) beginning
and ending at the same point.
MIXED-USE
Space within a building or project providing for
more than one use (i.e. a loft or apartment project
with retail, an apartment building with office
space).
MONTH-TO-MONTH TENANCY
A rental agreement that provides for a one month
tenancy that is automatically renewed each month
unless either tenant or landlord gives the other
the proper amount of notice (usually 30 days)
to terminate the agreement.
MORTGAGE
A contract providing security for repayment of
a loan, registered against property with stated
rights and remedies in the event of default.
MORTGAGEE
The creditor or lender in a mortgage agreement.
MORTGAGOR
A person who borrows money for a home.
MORTGAGE INSURNACE PREMIUM (PMI)
The consideration paid by a mortgagor for mortgage insurance either to FHA or a private mortgage insurance (PMI) company. This insurance protects the investorfrom possible loss in the event of a borrower's default on a loan.
NACORE
International Association of Corporate Real Estate
Executives. One of the most progressive corporate
real estate training and education programs in
the world.
NAIOP
National Association of Industrial and Office
Parks
NET LEASE
Type of lease whereby the Tenant pays for part
or all of the operating expenses which may include
utilities, janitorial, property insurance, property
management, sewer, water & garbage.
NET NET NET (NNN)
Lease Type of lease where Tenant generally pays
for all operating expenses. May even include responsibility
for roof and structural repair or replacement.
NON-COMPETE CLAUSE
A clause that can be inserted into a lease specifying
that the business of the tenant is exclusive in
the property and that no other tenant operating
the same or similar type of business can occupy
space in the building.
NOTE
A written promise to pay a certain amount of money.
OPERATING
EXPENSES
The actual costs associated with operating a property
including maintenance, repairs, management, utilities,
taxes and insurance.
ORIGINATION FEE
A fee charged by a lender for processing a loan application, expressed as a percentage of the mortgage amount.
PARKING
RATIO OR INDEX
The number of parking spaces available expressed
in relationship to the rentable square footage.
Expressed as X spaces per 1000 square feet, a
building that offered 2 spaces for every 1000
square feet would show a parking ration of 2:1000.
PERCENTAGE LEASE
Lease in which all or part of the rental is a
specified percentage of gross income from total
sales made upon the premises.
PERSONAL GUARANTY
The guarantee of someone to be individually responsible
for the obligations of the lease. Generally for
Subchapter S closely held companies and small
businesses, a lessor may ask for a personal guaranty
as a way to insure that the lease payments will
be made.
PLAT BOOK
A record or recorded subdivisions of land
PRELEASED
Refers to space in a proposed building that has
been leased before the start of construction or
in advance of the issuance of a Certificate of
Occupancy.
PREPAYMENT PENALTY
A penalty sometimes charged to a borrower who makes a prepayment.
PREPAYMENT PRIVILEGE
A clause in some loans allowing the borrower to pay off the debt prior to its due date without incurring a penalty. This is an advantage for a borrower when interest rates are falling, since he/she can pay off the existing loan and then refinance at a more favorable rate. also called prior redemption privilege.
PRIME RATE
The interest or discount rate charged by a commercial
bank to its largest and strongest customers.
PROPERTY TAXES
Taxes that are paid yearly on real property. Property
taxes are ad valorem, based on the assessed value
of the real property.
PRO-RATA
Proportionately; according to measure, interest
or liability.
PRO-RATE
To divide or distribute proportionally. At closing,
various expenses such as taxes insurance, interest,
rents etc are prorated between the seller and
the buyer.
PUNCH LIST
An itemized list, typically prepared by the architect
or construction manager documenting incomplete
or unsatisfactory items after the contractor has
notified the owner that the tenant space is substantially
complete.
PURCHASE OPTION
Option to purchase leased property either at the
end of the lease term or if some other specific
criteria are met by the lessee.
QUIET
ENJOYMENT
The right of a property owner or tenant to enjoy
his or her property without interference.
RAW
SPACE
Unimproved shell space in a building.
REAL PROPERTY
Land, and generally whatever is erected or affixed
to the land, such as buildings, fences and including
light fixtures, plumbing and heating fixtures
or other items which would be personal property
if not attached.
REALTOR
A real estate broker or associate who holds active
membership in a local real estate board that is
affiliated with the National Association of Realtors®.
RECEIVER
Court-appointed custodian who holds property for
the court, pending final disposition of the matter
before the court.
RECORDED PLAT
A subdivision map filed with the county recorder's
office that shows the location and boundaries
(lot and block number) of individual parcels of
land.
RENEWAL OPTION
A clause giving a tenant the right to extend the
term of a lease, usually for a stated period of
time and at a rent amount provided for in the
option language.
RENTABLE SQUARE
FEET
Usually the space measurement which incorporates
both the "usable square foot" measurement
as well as the common area. The difference between
usable and rentable is generally between 10% -
15%.
RENT WITH OPTION
A contract, which gives one the right to lease porperty at a certain sum with the option tp purchase at a future date.
RIGHT OF FIRST REFUSAL
1. A lease clause giving a tenant the first opportunity
to buy a property at the same price and on the
same terms and conditions as those contained in
a third party offer that the owner has expressed
a willingness to accept. 2. A lease clause giving
a tenant the first opportunity to lease additional
space that may become available in a property
at the same price and under the same terms and
conditions as those contained in a third party
offer that the owner has expressed willingness
to accept.
SALE-LEASEBACK
An arrangement by which the owner occupant of
a property agrees to sell all or part of the property
to an investor and then lease it back and continue
to occupy space as a tenant.
SECOND GENERATION
SPACE
Refers to previously occupied space that becomes
available for lease, either directly from the
landlord or as sublease space.
SECOND MORTGAGE/SECOND TRUST
A mortgage on real estate which has already been pledged as collateral for an earlier mortgage. The second mortgage carries rights which are subordinate to those of the first.
SECURITY DEPOSIT
A payment required by a landlord to ensure that
a tenant pays rent on time and keeps the rental
unit in good condition. If the tenant damages
the property or leaves owing rent, the landlord
can use the security deposit to cover what the
tenant owes.
SETBACK
The distance a building must be set back from
the property lines in accordance with local zoning
ordinances or deed restrictions.
SHADOW MARKET
The "unofficial" vacancy portion of
the office market caused by available sublease
space and/or excess space leased but not occupied
by office users.
SOCIETY OF INDUSTRIAL AND OFFICE REALTOR (SIOR)
One of the oldest professional commercial designations
in the United States. Approximately 1,500 members
worldwide. Emphasis on corporate office and industrial
real estate.
SITE DEVELOPMENT
The installation of all necessary improvements
(installment of utilities, grading etc) made to
a site before a building or project can be constructed
on such a site.
SITE PLAN
A detailed plan which depicts the location of
improvements on a parcel of land which also contains
all the information required by zoning ordinances.
SLAB
The exposed wearing surface laid over the structural
support beams of a building to form one of the
floor(s) of the building or laid slab on grade
in the case of non-structural ground level concrete
slab.
SPACE PLAN
A graphic representation of a tenant's space requirements,
showing all wall and door locations, room sizes,
and sometimes furniture layout.
SPECIAL ASSESSMENT
Any special charge levied against real property
for public improvements that benefit the assessed
property.
SPECIFIC PERFORMANCE
Carrying out the precise terms agreed upon in
a contract.
STACKING PLAN
Schematic illustrating tenancies on a floor-by-floor
basis. Useful in forecasting how to accommodate
growth tenants and identifying larger blocks of
space.
STRAIGHT LOAN
A loan with periodic payments of interests only: the principal sum due in one lump sum upon maturity
SUBLEASE
A rental agreement or lease between a tenant and
a new tenant (called a sublessee) who will either
share the rental or take over from the first tenant.
The sublessee pays rent directly to the tenant.
The tenant is still completely responsible to
the landlord for the rent and for any damages,
including those caused by the sublessee. Most
landlords prohibit subleases unless they have
given prior written consent.
SUBORDINATION AGREEMENT
As used in a lease, the tenant generally accepts
the leased premises subject to any recorded mortgage
or deed of trust lien and all existing recorded
restrictions and the landlord is often given the
power to subordinate the tenant's interest to
any first mortgage or deed of trust lien subsequently
placed on the leased premises.
SURVEY
The process by which a parcel of land is measured
and its boundaries and contents are ascertained.
TAX
ROLL
A list or record containing the descriptions of
all land parcels located within the county, the
names of the owners, the assessed values and the
tax amounts.
TENANT IMPROVEMENT
(TI)
allowance or work letter Defines the fixed amount
of money contributed by the landlord towards tenant
improvements.
TENANT IMPROVEMENTS
Improvements made to the leased premises by or
for a tenant.
TIME IS OF THE ESSENCE
A clause, which if included in a contract, makes
failure to perform by a specific date a material
breach or violation of the contract.
TITLE
Often used interchangeably with the word ownership. It indicates the accumulation of all rights in property; the owners and others.
TITLE INSURANCE
A policy issued by a title company after searching
the title and which insures against loss resulting
from defects of title to a specifically described
parcel of real property or from the enforcement
of liens existing against it at the time the policy
is issued.
TRUSTEE
One who as agent for others handles money or holds
title to their land.
TURN KEY
Landlord-provided tenant improvements, usually
including everything (walls, doors, floor and
window coverings, electrical) except telecommunications
wiring and tenant furniture.
UNDER
CONTRACT
A property for which the seller has accepted a
buyer's offer to purchase is said to be under
contract. During the period of time the property
is under contract, the seller is precluded from
entertaining offers from other buyers.
UNIMPROVED LAND
Most commonly refers to land without improvements
or buildings but can also mean land in its natural
state.
UPS
Uninterruptible Power Supply. A special power
source which takes over in the event of a failure
in the main power system.
USABLE SQUARE FEET
That space measurement actually contained within
the demised premises. If the entire building is
occupied by a single user, the rentable and usable
square foot calculations may be the same.
VARIANCE
An exception to a zoning ordinance, usually granted
by a local government.
VIRTUAL TOUR
Any method used to provide internet users with
a graphical presentation of a property or properties.
VOID
Having no legal force or effect.
WAIVER
The intentional or voluntary relinquishment of
a known claim or right.
WALK THROUGH
1. Buyer's on-site inspection of the property
being purchased just prior to closing 2. A detailed
inspection of a new construction, in which a punch
list and cosmetic items are addressed prior to
final acceptance.
WORK LETTER
A list of the building standard items that the
landlord will contribute as a part of the tenant
improvements.
ZONING
Exercise of police powers of city in regulating
and controlling the character or use of property.
Zoning laws divide cities into different areas
according to use, from single-family residences
to industrial plants.
ZONING ORDINANCES
A set of laws which control the size, location
and use of buildings within these different areas.
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