
BACKFILL
The replacement of excavated
earth into a hole or against a structure.
BALANCE SHEET A statement of the financial
condition of a business at a certain time showing assets, liabilities, and capital.
BALLOON PAYMENT An installment payment on
a promissory note - usually the final one for discharging the debt - which is significantly
larger than the other installment payments provided under the terms of the
promissory note.
BARGAIN AND SALE DEED
Any deed that recites
a consideration and purports to convey the real estate; a bargain
and sale deed with a covenant against the grantor's act is one
in which the grantor warrants that grantor has done nothing to
harm or cloud the title.
BASE AND MERIDIAN Imaginary lines used by
surveyors to find and describe the location of private or public lands. In government
surveys, a base line runs due east and west, meridians run due north and south,
and are used to establish township boundaries.
BASIS (1) Cost Basis. The dollar
amount assigned to property at the time of acquisition under provisions of the Internal Revenue Code for
the purpose of determining gain, loss and depreciation in calculating the income
tax to be paid upon the sale or exchange of the property. (2) Adjusted
Cost Basis. The cost basis after the application of certain additions for improvements,
etc., and deductions for depreciation, etc.
BEARING WALL A wall or partition which supports
a part of a building, usually a roof or floor above.
BENCH MARK A monument used to establish the
elevation of the point, usually relative to Mean Sea Level, but often to some local
datum.
BENEFICIARY (1) One entitled to the benefit
of a trust; (2) One who receives profit from an estate, the title of which is vested in a trustee;
(3) The lender on the security of a note and deed of trust.
BEQUEATH To give or hand down by will; to
leave by will.
BEQUEST Personal property given by the terms
of a will.
BETTERMENT An improvement upon property which
increases the property value and is considered as a capital asset as distinguished
from repairs or replacements where the original character or cost is unchanged.
BILL OF SALE A written instrument given to
pass title of personal property from vendor to the vendee.
BINDER An agreement to consider a down payment
for the purchase of real estate as evidence of good faith on the part of the purchaser.
Also, a notation of coverage on an insurance policy, issued by an agent, and given
to the insured prior to issuing of the policy.
BLANKET MORTGAGE A single mortgage which
covers more than one piece of real property.
BLIGHTED AREA A district affected by detrimental
influences of such extent or quantity that real property values have seriously declined
as a result of adverse land use and/or destructive economic forces; characterized
by rapidly depreciating buildings, retrogression and no recognizable prospects
for improvement. However, renewal programs and changes in use may
lead to resurgence of such areas.
BLOCKBUSTING
The practice on the part of
unscrupulous speculators, or real estate agents of, inducing
panic selling of homes at prices below market value, especially
by exploiting the prejudices of property owners in neighborhoods
in which the racial make-up is changing or appears to be on the
verge of changing.
BONA FIDE In good faith; without fraud or
deceit; authentic.
BOND Written evidence of an obligation given
by a corporation or government entity. A surety instrument.
BOOK VALUE The current value for accounting
purposes of an asset expressed as original cost plus capital additions minus accumulated depreciation.
BREACH The breaking of a law, or failure
of duty, either by omission or commission.
BROKER A person employed for a fee by another
to carry on any of the activities listed in the license law definition of a broker.
BROKER-SALESPERSON RELATIONSHIP AGREEMENT A
written agreement required by the regulations of the Real Estate Commissioner
setting forth the material aspects of the relationship between a real
estate broker and each salesperson and broker performing licensed activities in
the name of the supervising broker.
B.T.U. British thermal unit. The quantity
of heat required to raise the temperature of one pound of water one degree Fahrenheit.
BUILDING CODE A systematic regulation of
construction of buildings within a municipality established by ordinance or law.
BUILDING LINE
A line set by law a certain
distance from a street line in front of which an owner cannot
build on owner's lot. A setback line.
BUILDING, MARKET VALUE OF The sum of money
which the presence of that structure adds to or subtracts from the value of the
land it occupies. Land valued on the basis of highest and best use.
BUILDING RESTRICTIONS Zoning, regulatory
requirements or provisions in a deed limiting the type, size and use of a building.
BUNDLE OF RIGHTS All of the legal rights
incident to ownership of property including rights of use, possession, encumbering and
disposition.
BUREAU OF LAND MANAGEMENT A federal bureau
within the Department of the Interior which manages and controls certain
lands owned by the United States.
BUSINESS OPPORTUNITY The assets for an existing
business enterprise including its goodwill. As used in the Real Estate Law, the
term includes "the sale or lease of the business and goodwill of an existing business
enterprise or opportunity".
BUYDOWN See SUBSlDY BUYDOWN.
BUYER'S MARKET The condition which exists
when a buyer is in a more commanding position as to price and terms because real property
offered for sale is in plentiful supply in relation to demand.
BYLAWS
Rules for the conduct of the internal
affairs of corporations and other organizations. |