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Earnest Payment
An earnest payment or earnest money is a specific form of security deposit made in some major transactions such as real estate dealings or required by some official procurement processes to demonstrate that the applicant is serious and willing to demonstrate an earnest of good faith about wanting to complete the transaction. In the Middle Ages, the earnest payment was called variously an earnest penny, Arles penny, or God's silver (in Latin Argentum Dei). It was either money or a valuable coin or token given to bind a bargain, notably for the purchase or hiring of a servant. According to Black's Law Dictionary (sixth ed.), ''Et cepit de praedicto Henrico tres denarios de Argento Dei prae manibus'' ("And he took it from the aforesaid Henry ealed by a silver three pence iece handed over n the sight ofGod"). A potential buyer of property of high value such as residential real estate generally signs a contract and pays a sum acceptable to the seller by way of earnest money. T ...
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Security Deposit
A security deposit is a sum of money held in trust. In leasing, security deposits, also known as "rent deposits", are required most often by lessors of automobiles, residential property, and commercial real estate. Security deposits in the United States The United States Supreme Court ruled in '' Commissioner v. Indianapolis Power & Light Co.'' (1990) that a deposit differs from an advance payment because the depositing party has dominion over the funds and retains the right to insist upon repayment in cash. On the other hand, the party making an advance payment retains no right to insist upon the return of the funds as long as the recipient fulfills the contractual agreement. The security deposits required by many residential landlords of their tenants are the source of much dispute and litigation. Many states and municipalities have enacted laws that specifically regulate the landlord's ability to withhold tenant security deposits after a tenant moves out. Some states and ...
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Trust (law)
A trust is a legal relationship in which the owner of property, or any transferable right, gives it to another to manage and use solely for the benefit of a designated person. In the English common law, the party who entrusts the property is known as the "settlor", the party to whom it is entrusted is known as the "trustee", the party for whose benefit the property is entrusted is known as the "beneficiary", and the entrusted property is known as the "corpus" or "trust property". A ''testamentary trust'' is an irrevocable trust established and funded pursuant to the terms of a deceased person's will. An inter vivos trust is a trust created during the settlor's life. The trustee is the legal owner of the assets held in trust on behalf of the trust and its beneficiaries. The beneficiaries are equitable owners of the trust property. Trustees have a fiduciary duty to manage the trust for the benefit of the equitable owners. Trustees must provide regular accountings of trust incom ...
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Payment Systems
A payment system is any system used to settle financial transactions through the transfer of monetary value. This includes the institutions, payment instruments such as payment cards, people, rules, procedures, standards, and technologies that make its exchange possible.Biago Bossone and Massimo Cirasino, "The Oversight of the Payment Systems: A Framework for the Development and Governance of Payment Systems in Emerging Economies"The World Bank, July 2001, p.7 A payment system is an operational network which links bank accounts and provides for monetary exchange using bank deposits. Some payment systems also include credit mechanisms, which are essentially a different aspect of payment. Payment systems are used in lieu of tendering cash in domestic and international transactions. This consists of a major service provided by banks and other financial institutions. Traditional payment systems include negotiable instruments such as drafts (e.g., cheques) and documentary credits such ...
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List Of Real Estate Topics
This aims to be a complete list of the articles on real estate. __NOTOC__ # * 72-hour clause A * Abandonment * Abstract of title * Acceleration clause * Accession * Acknowledgment * Acre – a measure of land area * Action to quiet title * Ad valorem tax * ADA * Adjustable-rate mortgage (ARM) * Adjusted basis * Administrator/Administratrix * Adverse possession * Agency – Real estate agency, Buyer brokerage * Agent – Real estate agent or broker, Estate agent * Agreement * Air rights * Alienation * Allodial, Allodium * Allodial title * Alluvion * Amenity * American Land Title Association (ALTA) * Americans with Disabilities Act of 1990 * Amortization calculator * Amortization schedule * Amortizing loan * Anchor store * Annexation * Annual percentage rate * Apartment * Appraisal, real estate * Appraised value – An estimate of the present worth of a property * Appreciation * APR * Appurtenance * Appurtenant easement * ARELLO * Arm's length transaction ...
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King's Shilling
The King's shilling, sometimes called the Queen's shilling when the sovereign is female, is a historical slang term referring to the earnest payment of one shilling given to recruits to the armed forces of the United Kingdom in the 18th, 19th and 20th centuries, although the practice dates back to the end of the English Civil War. To "take the King's shilling" was to agree to serve as a sailor or soldier in the Royal Navy or the British Army. It is closely related to the act of impressment. The practice officially stopped in 1879, although the term is still used informally and there are some cases of it being used still in the early 20th century, albeit largely symbolically. British Army A recruit was still entitled to return the shilling until becoming subject to military law upon formal attestation before a Justice of the Peace. At this point, a more substantial bounty was paid to the new recruit, which fluctuated from two guineas to a high of £23/17/6d in 1812. However, t ...
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Title Company
Title insurance is a form of indemnity insurance, predominantly found in the United States and Canada, that insures against financial loss from defects in title to real property and from the invalidity or unenforceability of mortgage loans. Unlike some land registration systems in countries outside the United States, US states' recorders of deeds generally do not guarantee indefeasible title to those recorded titles. Title insurance will defend against a lawsuit attacking the title or reimburse the insured for the actual monetary loss incurred up to the dollar amount of insurance provided by the policy. The first title insurance company, the Law Property Assurance and Trust Society, was formed in Pennsylvania in 1853. Typically the real property interests insured are fee simple ownership or a mortgage. However, title insurance can be purchased to insure any interest in real property, including an easement, lease, or life estate. There are two types of policies – owner and le ...
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Settlement (closing)
Settlement may refer to: *Human settlement, a community where people live *Settlement (structural), downward movement of a structure's foundation *Settlement (finance), where securities are delivered against payment of money *Settlement (litigation), a resolution between disputing parties about a legal case *Settlement (trust), a deed whereby property is given by a settlor into trust * Thomson Bay Settlement, Rottnest Island, Western Australia, also known as simply The Settlement *Closing (real estate), the final step in executing a real estate transaction See also * * *Act of Settlement (other), various legislation *Settlement Act, or Poor Relief Act 1662 *Collective settlement, another name for an intentional community *Collective settlement (litigation), a legal term *Sedentism, the practice of living in one place for a long time *Settlement geography, investigating the part of the Earth's surface settled by humans *Settlement movement, a Victorian era reformist social ...
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Real Estate Broker
Real estate agents and real estate brokers are people who represent sellers or buyers of real estate or real property. While a broker may work independently, an agent usually works under a licensed broker to represent clients. Brokers and agents are licensed by the state to negotiate sales agreements and manage the documentation required for closing real estate transactions. Categories of representation A real estate broker typically receives a real estate commission for successfully completing a sale. Across the U.S, this commission can generally range between 5-6% of the property's sale price for a full-service broker but this percentage varies by state and even region. Real estate licensing and education In most jurisdictions in the United States, a person must have a license to perform licensed activities, and these activities are defined within the statutes of each state. The main feature of the requirement for having a license to perform those activities is the work d ...
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Escrow
An escrow is a contractual arrangement in which a third party (the stakeholder or escrow agent) receives and disburses money or property for the primary transacting parties, with the disbursement dependent on conditions agreed to by the transacting parties. Examples include an account established by a broker for holding funds on behalf of the broker's principal or some other person until the consummation or termination of a transaction; or, a trust account held in the borrower's name to pay obligations such as property taxes and insurance premiums. The word derives from the Old French word , meaning a scrap of paper or a scroll of parchment; this indicated the deed that a third party held until a transaction was completed. Types Escrow generally refers to money held by a third party on behalf of transacting parties. It is mostly used regarding the purchase of shares of a company. It is best known in the United States in the context of the real estate industry (specifically in m ...
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Threepence (British Coin)
The British threepence piece, usually simply known as a threepence, ''thruppence'', or ''thruppenny bit'', was a denomination of sterling coinage worth of one pound or of one shilling. It was used in the United Kingdom, and earlier in Great Britain and England. Similar denominations were later used throughout the British Empire and Commonwealth countries, notably in Australia, New Zealand and South Africa. The sum of three pence was pronounced variously , or , reflecting different pronunciations in the various regions of the United Kingdom. The coin was often referred to in conversation as a , or bit. Before Decimal Day in 1971, sterling used the Carolingian monetary system, under which the largest unit was a pound divided into 20 shillings, each of 12 pence. The brass threepence coin was withdrawn in 1971 due to decimalisation and replaced by the decimal new penny, with 2.4''d'' being worth 1p. Early threepences The three-pence (3d) coin first appeared in Eng ...
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Financial Transaction
A financial transaction is an Contract, agreement, or communication, between a buyer and seller to exchange goods, Service (economics), services, or assets for payment. Any transaction involves a change in the status of the finances of two or more businesses or individuals. A financial transaction always involves one or more financial asset, most commonly money or another valuable item such as gold or silver. There are many types of financial transactions. The most common type, purchases, occur when a good, service, or other commodity is sold to a consumer in exchange for money. Most purchases are made with cash payments, including Cash, physical currency, debit cards, or cheques. The other main form of payment is credit, which gives immediate access to funds in exchange for repayment at a later date. History There is no evidence to support the theory that ancient civilizations worked on systems of barter. Instead, most historians believe that ancient cultures worked on princi ...
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