Title vesting refers to the legal manner in which an individual or entity holds ownership rights to a piece of real property. It is a crucial aspect of property transactions, as it determines the rights,
Title vesting refers to the legal manner in which an individual or entity holds ownership rights to a piece of real property. It is a crucial aspect of property transactions, as it determines the rights, interests, and privileges of the property owners and how the ownership is transferred or inherited in the event of a sale, gift, or death. Understanding title vesting is essential for anyone involved in real estate transactions, as it impacts decision-making, estate planning, and dispute resolution, ultimately shaping the rights and obligations of all owners.
I’m sure you remember this if you took my real estate license course, but real estate agents should never give their clients advice on title vesting methods for several reasons:
Lack of expertise: Real estate agents are not licensed attorneys, and their expertise lies in facilitating property transactions, marketing, and negotiating deals. Title vesting involves complex legal concepts and ramifications that require a thorough understanding of property and estate law. Providing advice without the necessary legal knowledge can result in misinformation, potentially causing financial and legal issues for clients.
Legal liability: A real estate agent may inadvertently assume a legal duty of care to their clients by offering advice on title vesting methods. If the advice turns out to be incorrect or causes harm to the client, the agent may be liable for damages through a negligence or malpractice claim.
State licensing regulations: Most states have laws prohibiting real estate agents from engaging in activities reserved for licensed attorneys, such as providing legal advice on title vesting methods. Violating these regulations can result in disciplinary actions, including fines, suspension, or revocation of the agent's real estate license.
Client's best interest: Real estate agents have a fiduciary duty to act in their clients' best interests. By refraining from advising on title vesting methods, agents ensure that clients consult qualified legal professionals who can provide accurate, tailored advice that aligns with the clients' unique circumstances and objectives.
It’s important to remember that I’m writing this article to help folks trying to pass the real estate exam. This article also should not be viewed as tax or legal advice.
Real estate agents should avoid advising on title vesting methods to protect their clients' interests, maintain professional boundaries, comply with licensing regulations, and avoid legal liability. Instead, agents should recommend clients consult a qualified attorney to obtain accurate and appropriate guidance on title vesting matters.
Even though real estate agents can’t advise their clients on how to vest, aspiring real estate professionals preparing for the real estate license exam must have a solid understanding of various property ownership types, especially joint tenancy and tenancy in common. I wanted to compare the pros and cons of these co-ownership forms, highlighting their differences and significance in real estate law.
With the help of ADHI Schools’ online real estate classes and resources, candidates pursuing a California real estate license can enhance their knowledge of these key concepts but this article will serve as a good starting point even if you aren’t already enrolled.
Joint Tenancy
Joint tenancy is a popular title vesting method in real estate, allowing two or more individuals to own property with unique rights and protections. This section explores the concept of joint tenancy, its characteristics and provides an example of joint tenancy ownership to illustrate its practical application in real estate transactions.
Understanding Joint Tenancy
Joint tenancy is a form of co-ownership in which two or more individuals hold an undivided interest in a property. It is characterized by the presence of the "four unities": time, title, interest, and possession. To help you prepare for the real estate license exam, you can remember this by the acronym TTIP.
This means that all joint tenants acquire their interests in the property simultaneously (TIME), from the same deed or document (TITLE), with equal ownership shares (INTEREST), and have equal rights to possess and use the entire property (POSSESSION).
One key feature that sets joint tenancy apart from other forms of co-ownership is the "right of survivorship." When one joint tenant dies, their interest in the property automatically passes to the surviving joint tenants, typically bypassing probate and avoiding potential delays and costs associated with the probate process.
Example of Joint Tenancy Ownership
Consider a married couple, John and Jane, who decide to purchase a home together. They opt for joint tenancy as their title vesting method. As joint tenants, they each hold an undivided 50% interest in the property and have equal rights to use and occupy the entire home.
The right of survivorship plays a crucial role in their ownership arrangement. If John were to pass away unexpectedly, his interest in the property would automatically transfer to Jane, making her the home's sole owner. This transfer occurs outside of the probate process, providing Jane with immediate, uninterrupted access to the property.
As joint tenants, John and Jane must make unanimous decisions regarding the property's management, maintenance, and any potential sale. This consensus requirement helps ensure that both parties' interests are considered and respected.
Conclusion
Joint tenancy is a widely used title vesting method in real estate, offering unique benefits to co-owners, such as the right of survivorship and equal ownership interests. Understanding the concept of joint tenancy and its implications is essential for individuals considering this form of co-ownership, as it directly impacts their rights, obligations, and estate planning strategies. By examining the example of John and Jane's joint tenancy ownership, we can better understand this title vesting method's practical application and advantages in real-life scenarios.
Pros and Cons of Joint Tenancy
Pros:
1. Right of survivorship: Joint tenancy comes with the right of survivorship, meaning that when a joint tenant dies, their interest in the property passes automatically to the surviving tenants. This avoids probate, saving time and expenses. This could be a benefit to joint tenancy.
2. Equal ownership: All joint tenants hold equal ownership interests and possess the same rights, ensuring fairness among co-owners.
3. Simplified decision-making: As all joint tenants have equal rights and interests, decision-making related to the property's management and use is more straightforward.
Cons:
1. Limited control: Joint tenants cannot independently sell, transfer, or encumber their share of the property without affecting the entire ownership structure.
2. Potential disagreements: Equal ownership rights and interests may lead to disputes among joint tenants, as all decisions must be unanimous.
3. Inflexible ownership shares: Joint tenancy requires equal ownership shares, which might not suit all co-owners' preferences or financial situations.
Tenancy in Common
Tenancy in common is a prevalent title vesting method in real estate that enables two or more individuals to own property together while retaining separate and distinct interests. In this section of this article I wanted to delve into the concept of tenancy in common, its characteristics and provides an example of tenancy in common ownership to demonstrate its practical application in real estate transactions.
Understanding Tenancy in Common
Tenancy in common is a form of co-ownership in which two or more individuals hold separate and distinct interests in a property. Unlike joint tenancy, tenancy in common does not require the presence of the "four unities" – time, title, interest, and possession. This means that tenants in common may acquire their interests in the property at different times, through different documents, or in unequal shares. However, all tenants in common have equal rights to possess and use the entire property, regardless of their ownership shares.
A critical difference between tenancy in common and joint tenancy is the absence of the "right of survivorship" in a tenancy in common when a tenant in common dies, their interest in the property passes to their heirs or designated beneficiaries, as outlined in their will or state intestacy laws, rather than automatically transferring to the surviving co-owners.
Example of Tenancy in Common Ownership
Consider three friends, Alice, Bob, and Carol, who decide to invest in a vacation property together. They choose tenancy in common as their title vesting method due to its flexibility in ownership shares. Alice contributes 50% of the purchase price, while Bob and Carol each contribute 25%. While not required, their ownership interests in the property reflect their respective contributions:
Alice owns a 50% interest, while Bob and Carol each own a 25% interest.
Since there is no right of survivorship in a tenancy in common, if Alice were to pass away, her 50% interest in the property would not automatically transfer to Bob and Carol. Instead, her interest would pass to her designated beneficiaries or heirs according to her will or state laws covering the property of a deceased when they die with no will - also called intestate.
As tenants in common, Alice, Bob, and Carol must collaborate on property management, maintenance, and potential sales decisions. However, each tenant in common has the freedom to sell or transfer their interest in the property without the consent of the other co-owners.
Conclusion
Tenancy in common is a widely used title vesting method in real estate, offering unique benefits to co-owners, such as flexible ownership shares and the ability to transfer interests independently. Understanding the concept of tenancy in common and its implications is crucial for individuals considering this form of co-ownership, as it directly impacts their rights, obligations, and estate planning strategies. By examining the example of Alice, Bob, and Carol's tenancy in common ownership, we can better understand the practical application and advantages of this title vesting method in real-life scenarios.
Pros and Cons of Tenancy in Common
Pros:
1. Flexible ownership shares: Tenancy in common allows co-owners to hold unequal property shares, making it a more flexible option for parties with differing financial capacities or preferences.
2. Independent control: Tenants in common can more easily sell, transfer, or encumber their share of the property without the consent of other co-owners compared to a joint tenancy vesting.
3. Customizable estate planning: Tenancy in common enables co-owners to choose their property share's beneficiaries, offering greater freedom in estate planning.
Cons:
1. No right of survivorship: Tenancy in common lacks the right of survivorship, which means that a co-owner's share of the property passes through probate upon their death, potentially causing delays and expenses.
2. Complex decision-making: As tenants in common may hold unequal shares, decision-making related to property management and use can be more complicated, especially if there are disagreements among co-owners.
3. Potential partition risks: In case of disputes or a desire to sell, tenants in common may face the risk of court-ordered partition, which can lead to a forced sale or physical division of the property.
In preparation for the real estate license exam, it is essential to understand the pros and cons of joint tenancy and tenancy in common and their legal implications. Our real estate classes for obtaining a California real estate license can provide you with the necessary knowledge to navigate these critical co-ownership concepts on the real estate test confidently.
Love,
Kartik
TLDR: Title vesting determines the ownership rights and transfer of property in real estate transactions, and it's important to understand the different methods available. Real estate agents should avoid giving advice on title vesting due to lack of legal expertise, legal liability, state licensing regulations, and the clients' best interests. Two common co-ownership forms are joint tenancy and tenancy in common. Joint tenancy offers the right of survivorship, equal ownership, and simplified decision-making, but limited control and potential disagreements. Tenancy in common allows for flexible ownership shares, independent control, and customizable estate planning, but lacks the right of survivorship, has complex decision-making, and potential partition risks. It's important to understand the pros and cons of these methods and their legal implications for the real estate license exam
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Preparing for your real estate exam involves looking at a number of concepts that are likely to be on your exam. Financing is one such topic that is worth directing some of your time to. The DRE says
Preparing for your real estate exam involves looking at a number of concepts that are likely to be on your exam. Financing is one such topic that is worth directing some of your time to. The DRE says that 9 percent of the exam covers financing and a financing concept that is commonly tested is “amortization”.
Amortization of a loan refers to the process of paying off a debt with regular and fixed payments over a specified period of time. Each payment includes a portion allocated to both principal and interest.
Principal is the amount of each payment that actually goes to reducing the amount owed. Interest is the fee that is charged for borrowing the money.
The word "amortization" comes from an Old French word "amortir," which means "to kill" or "to deaden." This is rooted in medieval times and idea was that each payment would "kill off" a portion of the debt, reducing it gradually until it was fully paid off.
The modern financial meaning of the term, which refers to the gradual repayment of a loan through regular payments that include both principal and interest, evolved from this earlier usage.
Example: You borrow $800,000 to buy a house and pay off the loan over the 30 year term. At the end of the 30 years, the loan has been “fully amortized”.
In simple terms, amortization breaks the loan into smaller and more manageable payments over a set period. As an example, in the case of a car loan the time to “fully amortize” or “kill” the loan is typically 4-7 years. In the case of a home mortgage, the loan term is usually either 15 or 30 years.
Every loan has an amortization schedule which outlines the amount of the payment and shows the portion of each payment that goes towards paying off the principal and interest.
Because amortization “kills” the loan, each payment made during the amortization period reduces the outstanding balance of the loan by some amount. In the early part of the payment schedule, most of the payment goes towards interest, but as the loan progresses, more of the payment goes towards reducing the principal.
Over time, the amount of interest paid decreases, while the amount of principal paid increases. At the end of the loan term, the full amount borrowed is “amortized”, and the borrower owns the property outright.
Not all loans are full amortized. For example, there is another type of loan known as a straight note or interest-only loan. In this arrangement, the borrower makes interest-only payments and none of the payment goes to actually reduce the principal balance.
Straight notes may be used in certain situations, such as when a borrower expects to have a large amount of cash available at a future date to pay off the principal balance, or when a borrower needs lower monthly payments in order to afford the property.
However, straight notes can be risky for borrowers because they may result in higher overall interest costs, larger future payments, and potentially owing more on the loan than the value of the property. As a result, straight notes are generally less common than fully amortized loans in the mortgage industry.
So which loan is better?
Whether a fully amortized loan or a straight note is better depends on the specific circumstances of the borrower and their financial goals.
A key benefit to the fully amortized product is that it results in the loan being completely paid off at the end of the loan term. This type of loan provides predictability and stability in terms of payment amounts and a clear path toward paying off the debt.
As mentioned earlier, a straight note requires the borrower to pay only interest on the loan for a set period of time. This type of loan can result in lower monthly payments and may be beneficial for borrowers who need more flexibility in their monthly budget. However, because the principal balance is not being paid down during the interest-only period, the borrower will need to make larger payments or refinance the loan to pay off the principal at the end of the interest-only period.
In general, a fully amortized loan may be a better choice for borrowers who want to build equity in their property and pay off the debt over a set period of time, while a straight note may be a better choice for borrowers who need lower monthly payments in the short term but are willing to take on the risk of potentially higher payments in the future. Ultimately, borrowers should carefully consider their financial goals and the terms of each loan option before making a decision.
There is another type of even riskier loan product common before the financial crisis of 2008 is known as negative amortization. It’s called negative amortization because instead of the loan balance going down, in negative amortization the loan balance actually goes up.
The reason the balance rises in negative amortization is because the payments are not sufficient to cover the interest owed on the loan, resulting in the interest being added to the principal balance. This means that the borrower's loan balance actually increases over time rather than decreasing as it would with a fully amortized loan.
Negative amortization typically occurs with certain types of loans that have adjustable interest rates, such as option adjustable-rate mortgages (ARMs), or payment option loans. These loans offer a low initial payment, often resulting in a payment that is less than the interest that is accruing on the loan, causing the unpaid interest to be added to the loan balance.
Although the payment on a negative amortization loan is much lower compared to even a straight-note, this type of loan has several horrific consequences for borrowers, including increased interest costs over the life of the loan, larger payments in the future, and potentially owing more on the loan than the original amount borrowed. Therefore, borrowers should carefully consider the terms of their loan and ensure that they can afford the payment amount both currently and in the future.
Because of all these risks associated with the negative amortization product, when Arnold Schwarzenegger was governor, California passed legislation actually banning new negative amortization loans.
Federally the Truth in Lending Act (TILA) requires lenders to disclose the terms of a loan, including the payment schedule, interest rate, and total cost of the loan over its term. Additionally, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 includes provisions that require lenders to evaluate a borrower's ability to repay the loan, which has led to tighter regulations on certain types of loans, including those with negative amortization.
If you are reading this article and want practice questions related to real estate finance to prepare you for your real estate exam, I’d recommend checking out our exam prep website for tons of practice questions and updated content.
At the end of the day, fully amortized loans can offer several benefits for borrowers, including:
Predictable payments: With a fully amortized loan, the borrower knows exactly how much they will need to pay each month and over the life of the loan. With an interest only loan, on the other hand, there may be a balloon payment at the end of the loan or a variable rate after some fixed period. Full amortized loans can make budgeting and financial planning easier and more predictable.
Reduced interest costs: By design, fully amortized loans are created so that the borrower pays off the loan balance over a set period of time. Because of this borrowers will typically pay less in interest costs over the life of the loan compared to other types of loans, such as interest-only or balloon loans.
Equity buildup: As time goes on and the borrower makes payments on a fully amortized loan, the loan balance gradually decreases, resulting in an increase in equity in the property. Combine this with expected appreciation of the home and equity can start to build quickly- no doubt an important factor for homeowners who plan to sell the property in the future or use it as collateral for another loan.
Lower financial risk: Fully amortized loans offer a lower level of financial risk for owners because the loan balance is gradually paid down over time, reducing the risk of owing more on the loan than the property is worth.
Potential tax benefits: In some cases, the interest paid on a fully amortized loan may be tax-deductible, which can result in additional savings for the borrower.
Overall, fully amortized loans offer borrowers a stable and predictable path towards paying off their debt, with lower overall interest costs and reduced financial risk. Much of the real estate industry (and society at large) learned their lesson in 2008 when borrowers got risky adjustable rate and interest only loans in the few years prior.
As always if you are interested in taking real estate classes with our school and for in-depth instruction to help you pass the real estate exam visit www.adhischools.com.
Love,
Kartik
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Part of preparing for the real estate exam involves studying as much vocabulary as possible. One vocabulary word that is worth reviewing is the word “lien”. The purpose of this article is to go over
Part of preparing for the real estate exam involves studying as much vocabulary as possible. One vocabulary word that is worth reviewing is the word “lien”. The purpose of this article is to go over a few different examples of liens that are commonly tested on the real estate exam. You might have already read my article on encumbrances - if not that link is worth reading once you are done with this more specific article.
While reading this, bear in mind that liens are quite common and don’t always need to be viewed as scary or fatal to the title to real estate.
Simply put, a lien is a claim or legal right that a creditor has against a property to secure payment of an obligation or other debt by the property. If the debt is not paid, the creditor may have the right to sell the property through foreclosure.
Some liens can affect all property of a debtor. These are called “general” liens and are so called because they affect everything that a debtor might own. Examples of general liens might include judgements and income tax liens.
Other liens are known as “specific” and only affect one particular property. As an example, a mortgage lien is a specific lien because the lien only pertains to the property on which the loan is placed. Imagine you have two houses, one in Los Angeles and another in San Diego. If you refinance your house in San Diego and put a mortgage on it the lien only relates to the San Diego home and not the house in Los Angeles - hence mortgage liens are “specific”.
There are several other types of liens that can be placed on real estate and I’ve outlined some of the most common below. These are worth memorizing and understanding so you have context for the state exam. You might remember a lot of this from real estate school but this article is worth it as a refresher.
Property Tax Liens: As the name suggests, property tax liens are filed by the government to secure payment of delinquent property taxes. If the taxes are not paid, the government may have the right to foreclose on the property. The lien is typically recorded in the county where the property is located and becomes a part of the public record.
If a property tax lien is filed against a property, it may impact the ability of the owner to sell or refinance the property until the taxes are paid or the lien is removed. Again, in some states, the government may have the right to sell the property at a tax sale if the taxes remain unpaid for a specified period of time.
Income tax liens: Like property tax liens, income tax liens can have a significant impact on real estate. An income tax lien is a claim made by the government to secure payment of delinquent income taxes owed by an individual or a business. If an individual or a business fails to pay their income taxes, the government may place a lien on real property to secure payment of the taxes owed.
The income tax lien is recorded at the county in which the property is located and becomes part of the public record. The lien provides the government with a legal claim to the property and gives them the right to foreclose on the property if the taxes remain unpaid. The specific requirements for filing an income tax lien vary by state, so it is important for property owners to be aware of the laws in their jurisdiction.
Mechanics Liens: No - this lien doesn’t have anything to do with leaving your car too long at the mechanic. A mechanics lien is a claim by a contractor, subcontractor, or supplier to secure payment for work performed or materials supplied for the improvement of real property.
A mechanics lien provides a legal claim to the payment for work performed or materials supplied on a property and allows the contractor, subcontractor, or supplier to potentially foreclose on the property if the debt is not paid. The mechanics lien is typically filed with the local government and recorded in the county where the property is located.
In order for a mechanics lien to be valid, certain requirements must be met, such as proper notice to the property owner, the use of proper forms, and timely filing of the lien.
If a mechanics lien is filed against a property, it may impact the ability of the property owner to sell or refinance the property until the debt is paid or the lien is removed. It is important for property owners to monitor any liens that may be filed against their property and to take steps to resolve any liens in a timely manner.
Judgment Liens: A judgment lien is a claim by a creditor to secure payment of a debt that has been awarded in a court of law. This type of lien can be filed against a property if the debtor loses a lawsuit and is ordered to pay.
The judgment lien is typically filed with the local government and recorded in the county where the property is located.
Homeowner Association Liens: A homeowner association (HOA) lien is a claim by a homeowner association to secure payment of delinquent HOA fees or assessments owed to the association. If the fees or assessments are not paid, the homeowner association may have the right to foreclose on the property.
This type of lien is filed by a homeowner association to collect unpaid fees for common area maintenance, landscaping, security, and other services provided to homeowners in the association.
It is important for real estate owners to understand the liens that may be placed and to take steps to prevent or resolve any liens that may be filed against their property. This may involve paying any delinquent debts or taxes, negotiating with creditors, or consulting with a real estate attorney.
In conclusion, liens are a way for creditors to secure payment of a debt or obligation related to a property. Liens can have a significant impact on the ownership and value of a property and it is important for real estate owners to understand the liens that may be placed on their property and to take steps to prevent or resolve any liens that may be filed against their property.
As always - if you are interested in taking real estate classes with our school reach out at www.adhischools.com
Love,
Kartik
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As you prepare for your real estate exam you’ll no doubt take at least one of our crash courses. These lectures and online tools can be done in the comfort of your own home and are based on individual
As you prepare for your real estate exam you’ll no doubt take at least one of our crash courses. These lectures and online tools can be done in the comfort of your own home and are based on individual self-study.
But what if you aren’t quite ready for a real estate crash course yet? What if you still need to complete Real Estate Principles, Real Estate Practice and the elective course in real estate school?
While we offer an amazing self-study program to help you finish the required courses there are some students who don’t do well left to their own devices. Does this sound like you?
What if you wanted a professional instructor who walked you through the course material, but didn’t need to drive to a physical location? A plus with gas prices being $7 a gallon.
To bridge the gap between total self-study and a physical real estate school we offer an amazing Zoom-based option.
I made a list of seven benefits of this program to prepare and qualify for the California real estate exam.
1. Eliminate procrastination
By coming to our scheduled Zoom calls, you’ll be less inclined to put off studying the material to qualify for the exam. When working independently, it’s easy to procrastinate, but when you make a commitment to meet with our study group you’ll be more motivated to press on and prepare so you’re ready to cover the material with other group members.
2. You’ll Probably Learn Faster
Members of study groups like those on our Zoom calls tend to learn faster than individuals who work independently. With any type of learning, it’s common to get stuck on a concept and have difficulty getting over the proverbial learning hump. With fellow students and an instructor to talk out concepts with, it can clarify some of the drier material.
3. Fill in Gaps in Notes
While you might prepare for class by watching some of the videos on our YouTube channel questions might arise as you watch the videos or read the textbooks.
Bring you questions to class and the instructor will answer them and encourage you to deep-dive into the course material. You can read the book on your own first, knowing that if you do have a question you’ll be able to ask it to the instructor and bounce ideas off other students in the process.
As a result, fewer gaps exist, when it’s time to take the real estate exam you’ll be better prepared.
4. Sharpen Your Study Skills
Everyone has their own techniques they use to study. However, working with a diverse group of other hopeful real estate agents empowers you to sharpen your own study skills. You’ll be able to learn from the strengths of others and maybe even share your own with them.
5. Break Up Monotony of Studying Alone
Studying alone is very monotonous and it could lead to feelings of isolation, frustration, and loneliness. On the other hand, working with a group pursuing the same goals not only adds socialization, it gives you something to look forward to nearly daily. Check out our schedule of Zoom classes here! <hyperlink to https://www.adhischools.com/schedule >
6. Hone Your People Skills
Working as a real estate agent means you’ll need to hone your people skills if you don’t already possess them. Success in our industry is based on your ability to work with other people. In study groups, you’ll encounter a variety of personalities and this will strengthen your ability to communicate with different people - a must in real estate!
7. Get a Jump on Networking
In a sense, a study group can be your first step into developing your professional network. In any industry, it’s not what you know, but who you know. Often, those on our Zoom calls have built a sense of camaraderie – the perfect seed to grow a professional network. Remember, not only can you connect with members of your group, but they can introduce you and vice versa to other people. Knowing you have friends in real estate upon passing your exam is a great feeling - It’s never too soon to build a professional network!
In order to pass California’s licensing exam you’ll need to gain a full understanding of the topics and concepts used in everyday real estate business. Joining our Zoom calls can put you on a solid path.
If you are interested in getting a free guest pass to check out one of our Zoom study sessions, click here and pick a day and time that works for you. I look forward to seeing you on an upcoming real estate Zoom call!
Love,
Kartik
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Imagine you have completed all the required classes at our real estate school <Hyperlink to https://www.adhischools.com > and now you are in the process of studying for your real estate exam. You’re
Imagine you have completed all the required classes at our real estate school <Hyperlink to https://www.adhischools.com > and now you are in the process of studying for your real estate exam. You’re probably taking our real estate crash course <Hyperlink to https://www.crashcourseonline.com > and are focused on prepping for the test.
You can probably tell from our hundreds of 5 star reviews <Hyperlink to https://www.yelp.com/biz/adhi-schools-newport-beach > that we know a thing or two about getting students to pass their real estate exam <Hyperlink to https://www.adhischools.com/real-estate-exam-app >. Still,I wanted to write a quick blog outlining a few things that can actually make it harder to pass your test so you know what not to do.
I’ve read some other articles from folks that incorrectly say that the real estate test is purposely and unnecessarily difficult. This isn’t really the case. If you understand the concepts and study you should have no problem passing.
I’ve read some other articles from folks that incorrectly say that the real estate test is purposely and unnecessarily difficult. This isn’t really the case. If you understand the concepts and study you should have no problem passing.
Consider the below list as you do:
Bad Prep Materials or a Bad Exam Prep Program
Call me a little biased, but I think that our real estate crash course <Hyperlink to https:// www.crashcourseonline.com > is the best way to study for the real estate test out there. There are alternative products in the marketplace that aren’t California specific or that are written by people who have never even taken the real estate exam.
Obviously, the purpose of real estate exam prep material is to increase comprehension of the subject matter.Understanding that most people are on their mobile devices the majority of the time, our team developed an app <hyperlink to https://www.https://www.adhischools.com/real-estate-exam-app > for Android and iOS devices that is second to none. If you don’t have this yet, get it!
In the end, prep materials that do not play to your strengths decrease your chances of passing the real estate exam.
2. Too Much Study Time on What’s Not Important
One of the common mistakes real estate examinees make is focusing on items not likely to be on the exam. What too often occurs is that folks can get bogged down in the minutia and lose focus on critical concepts and facts. Some call this not “seeing the forest through the trees.”
I cringe when students send me articles about how to study for the “math portion” of the real estate test or 50 questions on the history of California. The truth is that there is very little actual arithmetic on the real estate test so spending 15 hours studying how to calculate capitalization rates isn’t going to do much good when there are other topics that appear far more frequently on the exam.
The good news about our crash course system <hyperlink to https://www.crashcourseonline.com > is that questions are weighted in the same ratio that the actual real estate exam is. Our system is organized in a fashion that emphasizes primary concepts and focuses your study time in ways that actually matter.
The point is that investing too much of your limited time in minutia might not be a good decision.
3. Procrastination
Procrastinators of the World Unite! Tomorrow.”
People from all walks of life come up with seemingly good reasons to put off studying. These rank among the common reasons people procrastinate.
Feeling Overwhelmed
Lack of Urgency
Lack of Discipline
Don’t Like to Study
Can’t Choose a Starting Point
Giving in to these and other inclinations puts potential real estate professionals behind the knowledge curve. The sooner you crack open the materials and begin learning at a deeper level, the better your chances of passing the test.
I would recommend doing all the questions in the training mode of our real estate crash course <hyperlink to https://www.adhischools.com/real-estate-crash-course/california > at least twice before attempting a mock exam. Focusing on our training mode will expose you to all the questions in our system and eliminate any false confidence from a high score on a random mock exam.
4. Failing to Follow a Study Plan
Possessing an actionable study guide and plan cures some of the reasons to procrastinate. Of course, potential real estate professionals will need to leverage a study plan in a timely and orderly fashion. Common missteps involve jumping around and prioritizing topics you feel comfortable studying. Such practices are more a lack of discipline than an attempt to gain high-level knowledge.
It’s essential to use a study plan designed to build one concept on another. Like many other industries and disciplines, real estate knowledge tasks people with possessing a broad understanding of how things intersect. Rifling through study materials and jumping ahead typically results in fragmented ideas that don’t translate to sound professional skills.
Remember to set aside plenty of time before the test to ensure that you don’t feel overwhelmed - This leads me to my final point.
5. Test Anxiety and Last Minute Cramming
When I was in high school and college, I would love the adrenaline rush of studying for an exam at the absolute last minute and leaving with a good score. While exhilarating, it’s important to realize that the real estate exam should not be approached in this manner. There is far too much material to only study the night before. A study schedule at least two weeks before the test will help you stay focused and ensure you have ample time to review and understand the material.
It’s totally normal to feel a little on edge before the exam starts. Issues such as self-doubt or fear of failure can derail efforts to pass the real estate exam. The good news is that test anxiety does not have to stop you from beginning a new career.
TLDR:
Learn to Study Effectively
Establish a Study Routine
Practice Relaxation Strategies
Exercise, Eat Well, Hydrate, and Get Restful Sleep
Reach out to our office at 888 768 5285 or shoot us a message if you’re having a hard time passing the test.
Love
Kartik
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Broadly speaking, an encumbrance is some “burden on the title” to a piece of property. If you’re reading this article, you probably already have been exposed to the term “encumbrances” in
Broadly speaking, an encumbrance is some “burden on the title” to a piece of property. If you’re reading this article, you probably already have been exposed to the term “encumbrances” in Real Estate Principles but I wanted to write a quick article about it as a refresher.
I chuckle when I hear people say things like “I would never buy a home with an encumbrance!” because this is essentially an impossible request. All properties are going to be encumbered in some way whether either through zoning regulations, private restrictions like CC&Rs when buying a condo or even something as common as a mortgage.
Encumbrances are of two basic types. Some involve money and others do not involve money. In the sale of California real estate, sellers are required to disclose encumbrances on a property and generally a title insurance company is a backstop to ensure that buyers are made aware of any encumbrances on a property prior to the purchase.
An encumbrance may or may not affect the value of the property – it depends on the type of encumbrance. There are some encumbrances like a lis pendens (explained below) that may prevent the sale of the property altogether.
Mortgages and Deeds of Trust
Mortgages and trust deeds are among the most common types of encumbrances out there. Any time a buyer of real estate gets a loan on a property the lender will place a deed of trust or a mortgage against it. I know we are accustomed to calling any home loan a “mortgage” but in California the instrument is actually a deed of trust.
These are very common encumbrances on a piece of real estate because most properties are not purchased cash.
If you’re interested in learning more about the differences between a mortgage and a trust deed I recoded a YouTube video about it here.
Deed Restrictions
A private owner might restrict the use of his or her property in some way. These restrictions usually stay with the property upon transfer. For example, a member of a church may decide to donate some land to the church on the condition that it be used only for religious purposes.
Prior to the enactment of civil rights legislation, there may have been race or other (now illegal) conditions prohibiting the sale to members of a specific ethnic minority group or religion. Such deed restrictions are neither valid nor enforceable
Zoning
Zoning is a public control on real estate. Every city and county in California is required to have a comprehensive, long-range plan for development within an area. This plan is known as the general plan. If you need a refresher on this, check out this link.
Even though most people do not think of zoning as an encumbrance, it is in fact an encumbrance. For example, a property that is zoned residential generally cannot be used for a commercial business - making it encumbered in some way.
Liens
A property could have voluntary or involuntary liens. A voluntary lien is one that is freely agreed to by the property owner. Reading that, you might wonder why anyone would voluntarily place a lien on their property but these liens are actually very common in the form of mortgages and trust deeds which I outlined below.
On the other hand, involuntary liens are those that get placed on a property by operation of law. Examples of involuntary liens include property tax liens, income tax liens, mechanic’s liens, and lis pendens. These liens are involuntary because the property owner does not need to specifically authorize the creation of the lien. The lien is created by law.
From your real estate crash course you might remember that a mechanic's lien is one that a party can place on your property if you did not pay for labor, services, material or equipment used upon a property.
Mechanics liens (like all liens) are another example of an encumbrance.
Easements
An easement is a type of encumbrance that gives others permission to use a portion of property - often for access. Imagine there are two houses, one in the front and one in the back. Let’s say the only way that the back house can get home is to cross over the front house. The right of way over the front house is known as an easement.
Another example of an easement is an easement in gross which mostly involves utility companies. The water utility, for example, typically has the right to lay underground water pipe through a subdivision and the electricity company will typically have the right to string wires over a subdivision.
Encroachment
An encroachment is a physical invasion of another’s property. Examples of encroachments include walls being built extending onto a neighbor’s property line, structures being built across boundaries or even airspace encroachments where branches of trees extend into an adjacent parcel, for example.
It may be challenging to sell a property that has an encroachment upon it.
A solid understanding of encumbrances will help you not only pass your real estate examination, but also be in a better position to help your clients.
If you need more help passing the real estate exam, call us at 888 768 5285 and we can help.
Love,
Kartik
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If you are enrolled in our California real estate school , no doubt you would have seen the term “easement” pop up in your studies.
Simply put, easements in real estate are the right of
If you are enrolled in our California real estate school , no doubt you would have seen the term “easement” pop up in your studies.
Simply put, easements in real estate are the right of one party to travel over the land of another for access.
What is an example of an easement?
Consider the case where there are two properties adjacent to one another- a front house and a back house. Assume that the only way the owner of the back house can get to their property is by crossing over the front property. The right of the back house to travel over the front house is known as an easement.
Who are the parties in an easement?
Since the back house has the legal right to travel over the front house for access, the owner of the back house is known as the “dominant” tenement. Because the front house is burdened by the easement they are known as the “servient” tenement.
While the simple example of a front house and a back house is the most common type of easement, there are others as well. For example, an electric company might have the right to string wires over a subdivision or a water utility might have the right to lay underground water pipe through an area. These are also types of easements, but they are known as easements in gross.
So how do you know if you have an easement?
Easements in real estate are almost always recorded with local authorities such as county or city clerks' offices. A title search would reveal easements that cross the property, and would appear in a preliminary title report obtained through a title insurance company.
So how does an easement differ from a license?
If you are taking our real estate crash course you have seen a discussion around the differences between an easement and a license. A license is a personal right to cross over the land of another held by an individual or entity. Licenses are not associated with the land itself, rather they correspond to an individual. An easement, on the other hand, is an appurtenant right. That is, easements are associated with the real property itself and run with the land. As such, easements are transferred to the new owner upon the sale of the property.
Example of a license:
I give Betty the right to travel over my land. I specify that this right is exclusive to Betty and it is able to be taken away from Betty.
Analysis:
This is a license because the right to traverse my property is exclusive to Betty and it not tied to the land. Finally, the right to travel over my land is able to be taken away from Betty hence it is a license not an easement.
To reiterate, remember that an easement differs from a license based on the revocability of a license. In other words, an easement that is recorded in the county recorder’s office generally can’t be revoked by the servient tenement.
A few ways that easements can be terminated, however, are:
Release of the easement by quitclaim deed signed by the dominant tenement.
Merger of both the dominant and servient tenements.
Restruction of the servient tenement.
Abandonment of a prescriptive easement for at least 5 years.
But notice in an easement, the servient tenement cannot unilaterally terminate the easement like the grantor could do with a license.
In summary, remember that an easement is the right to cross over another’s land for access. This simple definition should help you on the real estate exam .
Love,
Kartik
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Doing well on your real estate exam is the first step to getting your career going. If you are like some of our students, this can be a daunting thing especially if you’ve been out of school for a while.
Doing well on your real estate exam is the first step to getting your career going. If you are like some of our students, this can be a daunting thing especially if you’ve been out of school for a while.
It doesn’t have to be.
What’s important is that you understand the information necessary to pass the real estate exam. To help relieve some frustration and improve your chances of success, consider these study tips.
1. Review What’s on the Exam
Take a few minutes to review what’s on the actual real estate exam. If you were a student of ours, this is outlined for you in your Principles book. Merely having a basic understanding of what’s on the exam can calm a lot of fears for students.
The state publishes a percentage breakdown of topics that are tested and our real estate exam preparation website is tailored so the questions are in the same ratio that the government exam is. This way there are no surprises on test day.
2. Create Digital or Physical Notes for Key Concepts
As you are reviewing your notes from your pre-license coursework, consider creating notecards or flashcards with key concepts. Write them in a question format with the answer on the back. There are flashcard apps you can use as well if you want to have access to studying on your phone.
Also, it’s been proven that the act of physically writing things down can go a long way to help retain information.
3. Read Your Notes
If you haven’t done so yet, read through all of the materials you’ve been assigned. Create notes on topics that relate to your real estate exam. It’s a good idea to create notes for topics you are unsure about or very specific elements such as vocabulary terms or other more broad real estate concepts.
As you do, remember how important it is to retain this information. It’s not just about the exam, but it is applicable for day-to-day work as an agent. For example, if there’s a topic that is complex to you, look for a real-life example of how this would apply to your career or the work you do. That way, you’ll better understand what to expect.
4. Don’t Reach Out to Practicing Agents
I would avoid having long drawn out conversations with other real estate agents. Most of the time, they will say things like “Don’t worry what’s on the real estate exam, you won’t use any of that stuff anyway.” The constant repetition of how academic and impractical the concepts tested are can actually discourage some of our students from properly preparing and studying.
While it is true that the real estate exam contains a broad set of topics, all of which are not applicable to every deal, it’s still important to stay focused on the goal of actually passing the real estate exam.
If you can’t help yourself, make sure you talk to agents that support you in making key decisions and learning how to navigate complex topics. These agents can give you insight into real-life applications of the material you’re learning. They can also put your mind at ease.
5. Take Several Practice Real Estate Exams
It’s important to have state-specific real estate license practice exams available to you. You can find them on our website. Luckily for you, our system is modern and up to date to ensure they include the most recent updates to the real estate test itself.
Focusing on our real estate practice exams can point out areas where you need to focus a bit more on your studies. Refrain from taking them one after another. Instead, use them as you study to see areas you should focus on going forward.
6. Understand How To Take Tests
While the material you need to pass the real estate license exam is critically important to know, it’s also helpful to have some test-taking skills, especially if you haven’t dealt with high-pressure tests recently. Consider these strategies:
Read every word slowly in every question. Sometimes, you’ll miss words such as “if” or “all” – and that can change the answer.
Don’t rush through the test. Take your time to read the data and analyze it from a strategic view.
Breathe through your test. If you find yourself overwhelmed or under too much pressure, that’s when you know you need to close your eyes, breathe in deeply, and calm your heart rate.
Make sure you sleep well in the week leading up to your exam. Don’t binge the night before as that can limit your cognitive capacity later on.
Arrive on time for your test. Get a good idea of the layout of the area. You want to feel comfortable.
If you don’t know the answer to a question right away, skip it. You can go back to it later. Don’t put too much time into a single question.
Don’t rush through the exam. Make sure you take your time and focus.
If you’re really struggling with test-taking itself, do a few practice exams in a formal environment, such as in a library or office space. This can help give you some peace of mind.
7. Stay Positive and Upbeat
Passing your real estate exam is a step towards starting a new career. It is a lot of work – and that can seem like a big mountain to climb. However, focus on the big picture. This is a career that you are going to love. The more hands-on experience you have, the better your outcome will be.
Practicing for your real estate exam can be a very eye-opening experience. This is what you’ll soon be an expert in, helping others to achieve their goals of property ownership.
Love,
Kartik
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