Florida Real Estate Glossary
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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.
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.
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.
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.
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.
FIRST GENERATION SPACE
Generally refers to new space that is currently available for lease
and has never before been occupied by a tenant.
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 mortgagee (lender) either takes title to
or forces the sale of the mortgagor's (borrower's) property in satisfaction
of a debt.
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).
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
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 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.
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.
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.
OPERATING
EXPENSES
The actual costs associated with operating a property including maintenance,
repairs, management, utilities, taxes and insurance.
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.
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%.
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.
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.
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 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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Definitions found in this real
estate glossary are for provided to Florida residents for private
study, scholarship and research. Miami Beach 411 recommends that buyers,
sellers and renters of real estate always consult appropriate professionals
for legal and tax advice.
| Miami Beach
real estate guide |
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