Real
Estate Glossary
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OBJECTION:
The statement by the Purchaser
of a concern regarding title
to the subject property
which the Purchaser requires
the Vendor to correct before
closing. Also known as "requisition".
OBLIGEE:
The lender in a loan transaction
-- the person to whom, as
a result of her actions,
another person owes an obligation.
See also "mortgagee"
or "chargee".
OBLIGOR:
The borrower in a loan transaction
-- the person who owes an
obligation to another.
OBSOLESCENCE:
The loss of value or usefulness
resulting from advances
in technology and the passage
of time.
OCCUPANCY:
The physical control and
possession of a building
or property.
OCCUPANCY PERMIT:
Issued by local building
departments, permission
to enter and occupy a newly
built or renovated dwelling
after an inspection has
established that there are
not potential threats to
the safety of occupants.
OCCUPANCY RATE:
The percentage of available
rental space that is actually
rented and in use in a given
building or community.
OFFER:
To make available, to express
a willingness (whether in
writing or orally), in the
case of real estate, to
inform another party of
your willingness to sell
or buy a specific property
on terms set out in your
offer. An offer, once made,
may be accepted at any time
before it is rescinded.
Once accepted, the offer
and acceptance generally
form a binding contract.
OFFER AND ACCEPTANCE:
Components of a contract,
applicable to the real estate
situation where a Purchaser
may make an offer on a property
and the Vendor may accept
that offer.
OFFER TO PURCHASE:
A written expression of
a person's willingness to
purchase a certain property
on terms expressed in the
offer.
OFFER TO SELL:
In general, a written expression
of a person's willingness
to sell a certain property
on terms expressed in the
offer.
OFFEREE:
The person who receives
an offer.
OFFEROR:
The person who makes an
offer.
OFFICE OF INTERSTATE
LAND SALES REGISTRATION:
A HUD agency which has the
responsibility for enforcing
the Interstate Land Sales
Full Disclosure Act.
OFFICE PARK:
Similar to an industrial
park but for offices, a
property designed and developed
specifically to attract
corporate offices and provide
them with all facilities
required to carry on business.
OFFICIAL MAP:
The pictorial depiction
of the land-use control
areas of a municipality
used by the local government.
OFF-SITE COSTS:
Expenditures for facilities
required by a particular
development but located
elsewhere (such as streets,
schools, sewers and waste
disposal facilities).
OFF-SITE IMPROVEMENTS:
Facilities which are required
for the use and development
of a particular property
but which are located elsewhere.
OFF-STREET PARKING:
Spaces for cars which are
located on private property
rather than on public streets.
Local by-laws may require
that any new commercial,
residential or retail development
provide a certain number
of parking spaces as part
of the development.
OIL AND GAS LEASE:
An agreement in which a
property owner allows another
person to exploit any oil
or gas deposits on the land
for a certain period of
time in exchange for periodic
payments.
ON OR ABOUT:
Legalese way of noting that
the exact date of an event
has not been determined.
ON-SITE IMPROVEMENTS:
Work completed on a property
which adds to its value
or utility.
OPEN AND NOTORIOUS:
See "notorious".
OPEN END MORTGAGE:
A loan which is specifically
drafted to allow the borrower
to borrow further funds
at a later date without
requiring the preparation
and registration of new
mortgage documentation.
OPEN HOUSE:
An advertised period of
time in which a property
which is for sale is available
for inspection by prospective
purchasers.
OPEN LISTING:
An agreement whereby the
owner of the property may
enlist more than one broker
to attempt to sell the property
and the commission is payable
only to the successful agent.
OPEN MORTGAGE:
A mortgage which may be
prepaid in full or in part
at any time during that
life of the mortgage without
notice, bonus or penalty.
OPEN SPACE:
Empty or vacant land, often
parkland which is considered
an amenity for surrounding
residences.
OPERATING EXPENSES:
Periodic expenses payable
on an income-producing property
that are directly attributable
to the use of the property
for the purpose of producing
income.
OPERATION OF LAW:
The effect of a given statute
or rule upon a situation.
For example, a joint tenant
becomes the sole owner of
a property by operation
of law upon the death of
the other joint tenant.
OPTION RISK:
The downside of giving a
borrower an option, such
as the possibility that
she may prepay an open mortgage
and reduce the income generated
to the lender by the accumulation
of interest over the life
of the mortgage.
OPTION TO PURCHASE
LEASED PROPERTY:
A clause of a rental agreement
allowing the tenant the
right to buy the leased
property upon terms and
conditions set out in the
agreement.
ORAL CONTRACT:
A legally binding agreement
crated by spoken words rather
than reduced to writing.
In many jurisdictions, oral
contracts with regard to
land are unenforceable in
any circumstance.
ORDINANCE:
A rule or by-law enacted
by a local government.
ORIGINAL EQUITY:
The owner's original downpayment
on a property.
ORIGINAL FACE VALUE:
The principal amount owed
on a mortgage on the date
of its negotiation as shown
on the "face" of the agreement.
ORIGINAL PRINCIPAL
BALANCE:
See "original face value".
ORIGINATION FEE:
See "commitment
fee".
OSTENSIBLE
AUTHORITY:
The suggestion that one
person has the right to
act on behalf of another
person created by the actions
of the "agent" and the inactivity
or lack of protest of the
"principal".
OUTBUILDING:
A structure that is not
a part of the main building
but is necessary to the
full enjoyment of the property
(i.e. a shed, garage, etc.).
OUTSTANDING BALANCE:
The amount of money (including
principal and interest)
owing at a given date on
a loan or mortgage.
OWNER FINANCING:
See "mortgage
back" or "vendor
take-back mortgage".
OWNER OCCUPIED:
Any property where the owner
resides in all or part of
the property.
OWNER'S TITLE INSURANCE:
A title insurance policy
which covers the owner of
the property from title
defects and other flaws
which were not apparent
at the time of the purchase.