- C -
Capital
Gains
A term used for income tax purposes which represents the
gain realized from the sale of an asset less the purchase
price and deductible expense.
Capitalization
An appraising term used in determining value by considering
net operating income and a percentage of reasonable return
on investment.
Cash
Flow
The owner's spendable income after operating expenses and
debt service is deducted
Certificate
of Title
A certificate issued by a title company or a written opinion
rendered by an attorney that the seller has good marketable
and insurable title to the property which he is offering
for sale. A certificate of title offers no protection against
any hidden defects in the title which an examination of
the records could not reveal. The issuer of a certificate
of title is liable only for damages due to negligence. The
protection offered a homeowner under a certificate of title
is not as great as that offered in a title insurance policy.
Chain
Of Title
A history of conveyances and encumbrances affecting the
title as far back as records are available
Client
One who employs another's services, as in an attorney, real
estate agent, insurance agent, etc.
Closing
In the sale of real estate it is the final moment when all
documents are executed and recorded and the sale is complete.
Also a general selling term where a sales person is attempting
to sell something and the buyer agrees to purchase
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.
Closing
Statement
A list of the final accounting of all Moines of both buyer
and seller prepared by an escrow agent which notes all costs
each must pay at the completion of a real estate transaction.
Cloud
(On Title)
An outstanding claim or encumbrance which adversely affects
the marketability of title.
Commission
Money paid to a real estate agent or broker by the seller
as compensation for finding a buyer and completing the sale.
Usually it is a percentage of the sale price- - 6 to 7 percent
on houses, 10 percent on land.
Common
Area
That area owned in common by owners of condominiums and
planned sight development homes within a subdivision.
Community
Property
Both real and personal property accumulated by a husband
and wife after marriage through joint efforts of both living
together.
Condemnation
A declaration by governing powers that a structure is unfit
for use.
Conditional
Sales Contract
A contract for the sale of property where the buyer has
possession and use, but the seller retains title until the
conditions of the contract have been fulfilled. Also known
as a land contract.
Condominium
Individual ownership of a dwelling unit and an individual
interest in the common areas and facilities which serve
the multi- unit project.
Consideration
Anything of value given to induce someone into entering
into a contract.
Construction
Loan
The short-term financing of improvements on real estate.
Once the improvements are completed a 'take out' loan for
a longer term is usually issued.
Contingency
A condition upon which a valid contract is dependent. For
example; the sale of a house is contingent upon the buyer
obtaining adequate financing.
Contract
An agreement between tow or more parties, written or oral,
to do or not to do certain things.
Contractor
In the construction industry, a contractor is one who contracts
to erect buildings or portions of them. There are also contractors
for each phase of construction: heating, electrical, plumbing,
air conditioning, road building, bridge and dam erection,
and others.
Conventional
Mortgage
A mortgage loan not insured by HUD or guaranteed by the
Veterans' Administration. It is subject to conditions established
by the lending institution and State statutes. The mortgage
rates may vary with different institutions and between States.
(States have various interest limits.)
Conveyance
The transfer of the title to land from one to another.
Counter
Offer
An offer in response to an offer. 'A' offers to by 'B's'
house for $20,000 which is listed for $22,000. 'B' counter
offers 'A's' offer by stating that he will sell the house
to 'A" for $21,000. The $21,000 is the counter offer.
Covenants
Agreements written into deeds and other instruments stating
performance or non-performance of certain acts or noting
certain uses or non-uses of property.