
Ex
Post Facto
Latin
for an act occurring after the fact.
Examination
of Title
Title
company review of public records and other documents to determine the chain
of ownership of a property.
Excavate
To
dig. To make a hole or cavity.
Excavation
Preparing
for a foundation to be laid by clearing trees and removing dirt and topsoil.
Digging.
Excavation
Line
Line
placed on a building site, which marks off the area to be excavated.
Exception
Waiver
of a requirement in an agreement. Alternately, a right or portion of property
reserved to the grantor in a conveyance by deed.
Exceptional
Depreciation
Damages
to a building, which exceed that of normal wear and tear.
Excess
Condemnation
Taking
more property in a condemnation proceeding that than amount that is required.
Excess
Depreciation
Costs
taken over and above what one is entitled to and can occur either by claiming
depreciation costs exceeding the actual depreciable value or by depreciating
items that cannot be depreciated.
Excess
Income
Rental
income, received from property, which exceeds the costs of owning and maintaining
the property.
Exchange
Reciprocal
transfer of property from one entity to another. Alternately, a market
for securities, such as the New York Stock Exchange (NYSE).
Exclusionary
Zoning
Property
zoning which has the net effect, intended or not, of excluding the poor
and minority groups from living in a particular area. Large property size
requirements are often responsible exclusionary zoning.
Exclusive
Agency
Employment
of a particular broker. If a sale by another broker is accepted, both are
entitled to commissions.
Exclusive
Buyer's Agent (EBA)
An
agent or company, which works exclusively for buyers. They do not represent
sellers or list properties.
Exclusive
Listing
Contract
which gives one agent the exclusive right to market a particular property
for a set period of time.
Exclusive
Right to Sell
Contract
with a real estate agent that pays a commission to the agent even if the
property is sold to a buyer found by the owner.
Exculpatory
Clause
A
provision in a mortgage, which allows the borrower to surrender the property
to the lender without personal liability for the loan.
Execute
To
sign, complete, perform and carryout all the terms of a contract including
signing the contract and delivering it to the proper party.
Executed
Contract
A
contract, whose terms and provisions have been completely fulfilled and
satisfied, by all involved parties.
Execution
Conducting
a transaction such as the purchase and sale of real estate or the signing
and delivering of a contract.
Executor
Someone
appointed to carryout instructions left in a will. If no executor is named
in the will, one is named by probate court.
Executor's
Deed
A
deed to convey property, which is done by the executor of a will, once
it is authorized by the probate court.
Executory
Unfulfilled
action where something remains to be done in order to be completed.
Executory
Contract
A
contract under which one or more parties has not yet performed.
Executory
Cost
Cost
excluded from the minimum lease payments to be made by the lessee in a
capital lease. The lessee reimburses the lessor for the lessor's expense
payments.
Exempt
Real
estate that is not subject to property tax such as that owned by nonprofit
entities including charitable, governmental, and religious institutions.
Exemption
An
amount provided by law that reduces taxable income or taxable value. Alternately,
removal of property from the tax base, partially or completely.
Exfiltration
Air
leakage from the interior of a building into the environment.
Exfiltration
Test
Check
for leaks in a buried water line by filling a manhole, by the part of the
line in question, with water and watching it to find a sign of leakage.
Exfoliation
Physical
weathering or chemical action creating a peeling off of some surface stone
or masonry. Moisture freezing in surface cracks causes expansion, creating
exfoliation.
Exhaust
Fan
Ventilating
device to remove smoke, undesired odors, stale or hot air or water vapor.
Venting is normally done to the outside.
Existing
Grade
Grade
at an excavation site prior to commencement of work.
Exit
Passageway
out of a building.
Exit
Latch (Door)
Crossbar
on the interior of a door, which is pushed to retract the latch, which
allows the door to open.
Exothermic
Chemical
change in which there is a liberation of heat, as in combustion. Reaction
that gives off heat.
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