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• Cape Cod Real Estate Vocabulary

Cape Cod Real Estate Vocabulary

Some Common Real Estate Terms

Agreement of Sale

Known by various names, such as contract of purchase, purchase agreement, or sales agreement according to location or jurisdiction. A contract in which a seller agrees to sell and a buyer agrees to buy, under certain specific terms and conditions spelled out in writing and signed by both parties.

Appraisal

An expert judgment or estimate of the quality or value of real estate as of a given date.

Binder or “Offer to Purchase”

A preliminary agreement, secured by the payment of earnest money, between a buyer and seller
as an offer to purchase real estate. A binder secures the right to purchase real estate upon agreed
terms for a limited period of time. If the buyer changes his mind or is unable to purchase, the earnest
money is forfeited unless the binder expressly provides that it is to be refunded.

Closing Costs

The numerous expenses which buyers and sellers normally incur to complete a transaction in the
transfer of ownership of real estate. These costs are in addition to price of the property and are items
prepaid at the closing day.

This is a typical list:

• BUYER’S EXPENSES
• SELLER’S EXPENSES
• Documentary Stamps on Notes
• Cost of Abstract
• Recording Deed and Mortgage
• Documentary Stamps on Deed
• Escrow Fees
• Real Estate Commission
• Attorney’s Fee
• Recording Mortgage
• Title Insurance
• Survey Charge
• Appraisal and Inspection
• Escrow Fees
• Survey Charge
• Attorney’s Fee

The agreement of sale negotiated previously between the buyer and the seller may state in writing
who will pay each of the above costs.

Deed

A formal written instrument by which title to real property is transferred from one owner to another.
The deed should contain an accurate description of the property being conveyed, should be signed
and witnessed according to the laws of the State where the property is located, and should be delivered
to the purchaser at closing day. There are two parties to a deed: the grantor and the grantee.

Documentary Stamps

A State tax, in the forms of stamps, required on deeds and mortgages when real estate title passes
from one owner to another. The amount of stamps required varies with each State.

Encroachment

An obstruction, building, or part of a building that intrudes beyond a legal boundary onto neighboring
private or public land, or a building extending beyond the building line.

Escrow

Funds paid by one party to another (the escrow agent) to hold until the occurrence of a specified event,
after which the funds are released to a designated individual. In FHA mortgage transactions an escrow
account usually refers to the funds a mortgagor pays the lender at the time of the periodic mortgage payments. The money is held in a trust fund, provided by the lender for the buyer. Such funds should be adequate to cover yearly anticipated expenditures for mortgage insurance premiums, taxes, hazard insurance premiums, and special assessments.

Points

Sometimes called “discount points.” A point is one percent of the amount of the mortgage loan.
For example, if a loan is for $25,000, one point is $250. Points are charged by a lender to raise
the yield on his loan at a time when money is tight, interest rates are high, and there is a legal
limit to the interest rate that can be charged on a mortgage. Buyers are prohibited from paying
points on HUD or Veterans’ Administration guaranteed loans (sellers can pay, however). On a
conventional mortgage, points may be paid by either buyer or seller or split between them.

Real Estate Broker

A middle man or agent who buys and sells real estate for a company, firm, or individual on a
commission basis. The broker does not have title to the property, but generally represents the owner.

Special Assessments

A special tax imposed on property, individual lots or all property in the immediate area, for road construction, sidewalks, sewers, street lights, etc.

Title

As generally used, the rights of ownership and possession of particular property. In real estate usage,
title may refer to the instruments or documents by which a right of ownership is established (title documents),
or it may refer to the ownership interest one has in the real estate.

Title Insurance

Protects lenders or homeowners against loss of their interest in property due to legal defects in title.
Title insurance may be issued to a “mortgagee’s title policy.” Insurance benefits will be paid only to
the “named insured” in the title policy, so it is important that an owner purchase an “owner’s title policy”,
if he desires the protection of title insurance.