Term
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Definition
| HYBRID BTWN GP AND CORP KNOW ALL REQUIREMENTS REVIEW PAGE |
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Term
| JT TEN W/RTS OF SURVIVORSHIP |
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Definition
| PITS Unities: Possession - all have equal right to posess; Interest - each must have equal undivided interest; Time - each must acquire at same time; Source - Each must acquire from same source |
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Term
| TRANSFER OF JT TEN INTEREST |
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Definition
| GRANTEE BECOMES TEN IN COMMON (WA LAW PRESUMES TEN IN COMMON) |
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Term
| RIGHTS AND LIABILITIES OF TIC |
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Definition
| FAPS: Fair dealing duty; Accountabiltiy; Possession any and all portions of property; Share contribution = PARTITITION IS REMEDY FOR BREACH |
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Term
| EASMENTS (TESTED ON EVERY EXAM) |
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Definition
| KNOW WELL FROM OTHER CARDS |
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Term
| IMPLIED GRANT AND NECESSITY |
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Definition
| REQUIRES COMMON OWNERSHIP IN PAST |
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Term
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Definition
| NOT PERMITTED; INJUNCTION TO RESTRAIN; LOOK FOR NUISANCE |
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Term
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Definition
| WRITING TO SATISFY SOF, INTENT TO RUN WITH LAND, TOUCH AND CONCERN LAND, NOTICE (NOT PRIVITY) REQUIRED; EQUITABLE REMEDY ONLY |
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Term
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Definition
| SAME AS EQUITABLE SERVITUDE EXCEPT PRIVITY REQUIRED AND LEGAL DAMAGES ARE REMEDY |
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Term
| GOVT RESTRICTIONS ON LANDOWNERS |
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Definition
| SEPA, ENVIRONMENTAL CHECKLIST; EIS, CHALLANGE W/IN 21 DAYS; ZONING AND DEVELOPMENT RULES: APPEARANCE OF FAIRNESS; REGULATION; NONCOFORMING USE; ZONING CHANGES=QUASI JUDICIAL - SPOT ZONING ILLEGAL IF HARM, BOARD OF ADJUSTMENT, CONDITIONAL USE, VARIANCE; VACATION -- APPEALS 20 DAYS |
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Term
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Definition
| SERF: STANDING, EXHAUSTION, rIPENESS, fINALITY - MUST SHOW THAT DUE PROCESS (14TH) HAS BEEN VIOLATED BUT IN QUASI JUDICIAL, BORD OR AGENCY HAS BURDEN TO SHOW ACTION NOT ARBITRARY OR CAPRICIOUS (RATIONAL BASIS) AND THAT DECISION MAKER NOT BIASED) |
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Term
| conveyanc of land fails - part performance in equity |
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Definition
| PIP - Possession, Improvements (pay taxes); Payment - made substantial to seller. |
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Term
| Statutory WARRANTY DEED elements |
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Definition
| TAFED: Title of Seisen, grantor warrents right to convey in fee simple; Authority to convey; Free of encumbrances (zoning excepted); Enjoyment quiet - no legal challange by 3rd party; Defend buyer against adverse claims by 3rd parties. |
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Term
| Buyer unaware of encroachment |
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Definition
| if conveyed by Warranty Deed, violated marketable title requirement and B can seek damages. |
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Term
| General Deed Requirements |
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Definition
| SADD: SOF; Acknowledgment; Description; Delivery |
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Term
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Definition
| Commercial seller warrants it is habitable. Condo broader |
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Term
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Definition
| are soverign dependant nations within the United States |
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Term
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Definition
| 1953 Federal Statue that allowed partial transfer of some Federal Civil and Criminal jurisdiction over Indian tribes to States. Under PL 280 WA assumed partial jurisdiction, There is a question regarding tribes recognized after 1968. The general rule is that States have no authority over Indian tribes. |
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Term
| State regulation of non Indians on Reservation |
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Definition
| Can do unless preempted by Fed Statute; minor traffic is regulatory |
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Term
| Suit by non Indian against Indian for tort on WA reservation |
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Definition
| under PL 280 can bring in State court; WA laws of general applicability apply. Also could sue in Tribal court. |
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Term
| Major Crime committed by Indian on Reservation |
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Definition
| Tribal and State Court (PL 280)concurrent jurisdiction, no double jeapordy, both can try; Tribal court limited to one year in jail and $5,000 fine. |
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Term
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Definition
| "bargains, sells and conveys (similar to Bargain and Sale deed; courts will sometimes impose where language in Kt is not specific about a warranty deed; the EM KT merges into the deed at closing, but ct may enforce not inconsistant terms of EMKT after closing. |
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Term
| If exam q refers to a "normal or standard" deed |
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Definition
| State that you assume it to be a Statutory Warranty Deed and discuss SADD and TAFED |
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Term
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Definition
| WA is a "RACE NOTICE" State; First BFP, WITHOUT NOTICE OF PRIOR CONVEYANCE, TO RECORD WINS - Burden on holder of prior unrecorded instrument to prove the subsequent purchaser had sufficint inquiry notice to prompt a reasonable person to make an investigation |
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Term
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Definition
| ECHO - Exclusive, Continuous, Hostile, Open and Notorious |
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Term
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Definition
| Judicial process; no right to reinstate; No minimum time after default; deficiency jdmt; right of redemption - 8 or 12 months |
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Term
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Definition
| no judicial process; reinstatement right up to 11 days prior to sale; minimum time after default 190 days; no deficiency jdmt; no right of redemption |
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Term
| Land Sale Contract Forclosure |
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Definition
| Judicial process not required, but may be used; right to reinstate up to date of sale; minimum 90 days after default; no deficiency jdmt; no right of redemption |
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Term
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Definition
| 3 days Residential; 10 days commercial notice hand served, posted on premisis and copy sent to mail to mailing address; left with person of suitable age at premisis. |
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Term
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Definition
| IN WRITING: WATER, HEAT, HAZARD, ELECTRICITY - 24 HOURS; APPLIANCES AND PLUMBING - 72 HOURS; OTHERS 10 DAYS (UNLESS DEFECTIVE CONDITION CAUSED BY T) |
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Term
| RTLA IF LL FAILS TO REPAIR |
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Definition
| MOVE OUT (NOTICE IN WRITING - IF CONSTITUTES CONSTRUCTIVE EVICTION); RAD (AMOUNT DEPENDS ON WHETHER OR NOT KTR HIRED OR T DOES IT HIMSELF - IF HIRE KTR, T CAN DEDUCT UP TO ONE MONTHS RENT A MAX OF TWO TIMES IN 12 MONTHS; IF DO IT SELF, ONE HALF MONTH'S RENT, 2X 12 MO.; ALSO COULD SEEK JUDICIAL DERTERMINATION |
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Term
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Definition
| 2 days; certain illegal activity (drugs, gang, prostitution, arrests)- 0 days notice to quit |
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Term
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Definition
| COMMERCIAL REAS TIME AND NOTICE; RLTA, 30 DAYS AFTER VACATING |
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Term
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Definition
| DEADBOLT LOCK; CHECK LIST; TRUST ACCOUNT FOR DEPOSITS AND INFORM T WHERE IT IS. 14 CALANDAR DAYS TO REFUND DEPOSIT WITH ITEMIZATION OF DEDUCTIONS OR IF LATE OR NO CHECKLIST LL HAS TO REFUND WHOLE DEPOSIT |
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Term
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Definition
| PROMISE TO MAKE GIFT NOT ENFORCEABLE; GIFT REQUIRES DELIVERY; ONCE DELIVERED TITLE PASSES; GIFTS CAUSA MORTIS ARE REVOKED IF DONOR SURVIVES; COMMUNITY PROPERTY GIFT REQUIRES JOINDER, BUT BONA FIDE SALE OF COMMUNITY PERSONAL PROPERTY DOES NOT REQUIRE JOINDER EXCEPT HOUSEHOLLD GOODS, BUSINESS ASSETS IF BOTH SPOUSES WORK IN BUSINESS, |
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Term
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Definition
FOR BEN BAILOR - GROSS NEGL OF BAILEE;
BEN BAILEE - MORE THAN ORD NEGL
MUT BEN; ORDINARY CARE THAT REAS PERS WOULD EXERCISE
PROF BAILEES - MUST RETURN IN SAME CONDITION; OTHERWISE REBUTTABE PREDUMPTION OF NEGL; EXCEPTION SELF PARK GARRAGE |
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Term
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Definition
| MORE THAN 150 YEARS, FROM TRANSFER OR DEATH. |
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Term
| GOOD FAITH REQUIRED OF UCC MERCHANTS |
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Definition
| MEANS HONEST IN FACT AND REASONABLE COMMERCIAL STANDARDS OF FAIR DEALING IN THE TRADE |
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Term
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Definition
| WA COMMON LAW OF CONTRACTS APPLIES, BUT THE COURT MAY APPLY A UCC ARTICLE 2 SALES PROVISION BY ANALOGY. |
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Term
| IS THERE A CONTRACT? (know cold) |
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Definition
| A bargained for exchange contract requires an offeror’s expression of definite terms, present willingness and intention to be bound, acceptance by the intended offeree before revocation, consideration in the form of benefit to the promisor or detriment to the promisee, legal capacity of the parties, legal subject matter, and compliance with the SOF requiring a writing signed by the party to be charged. |
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Term
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Definition
| Almost any communication containing the quantity and a reasonable description of the goods will qualify as an offer under the UCC. |
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Term
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Definition
| if specified in offer, controls, otherwise any reasonable manner, including actual shipment, UCC rejects the mirror image rule. |
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Term
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Definition
| If sale made in consumers home or at a place not the merchants place of business,(phone, email) the consumer is allowed 3 days to cancel and sales person must inform consumer of that right. |
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Term
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Definition
| express and implied; always discuss |
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Term
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Definition
| replace and repair; - permissable; 3 C's |
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Term
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Definition
| good sold by pvt party; or used goods; mention coverage by FTC enforcement of consumer rights under Federal law |
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Term
| non conforming goods accepted - what does buyer pay? (MOST IMPORTANT) |
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Definition
| contract price, but if defective, may deduct reasonable damages if he gives seller notice OF INTENT TO DEDUCT |
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Term
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Definition
| IF BUYER ACCEPTS, MUST PAY REASONABLE PRICE; OTHERWISE RETURN AND SELLER MUST REFUND ANY PART OF PURCHASE PRICE PAID |
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Term
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Definition
| CL ON DELIVERY; UCC BETWEEN MERCHANTS SAME; NON MERCHANT SELLER; RISK PASSES ON TENDER OF DELIVERY - IF NO DELIVERY ADDRESS SPECIFIED, ONLY CARRIER, RISK PASSES ON DELIVERY TO CARRIER. |
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Term
| UCC REMEDIES (HEAVILY TESTED) |
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Definition
| 1. REJECTION AND SELLERS RIGHT TO CURE; B MUST STATE REASON; 2. PERFECT TENDER RULE, HIGHER THAN CL - B MAY ACCEPT PART AND REJECT REST W/IN REAS TIME OF RECEIPT; 2. LIQUIDATED DAMS CLAUS, OK, BUT NOT FOR TORT; 3 DEPOSIT RETENTION - S MAY RETAIN SMALLER OF 20% OF K OR $500 OF B'S DEPOSIT; DIVISIBLE Ks - ASSUMED ONE K, UNLESS CLEARLY SEPARATE; 4 ANTICIPATORY REPUDIATION (MENTION ASSURANCES IF AR REVOKED) 5 INSTALLMENT SALES, NON CONFORMING SHIPMENT MUST BE ACCEPTED IF S GIVES ASSURANCE OF INTENT TO CURE; 6. DUTY TO MITIGATE, A PARTY CANNOT RECOVER DAMS THAT COULD HAVE BEEN REASONABLY AVOIDED; IF B BREACHES, S MAY RESELL THE GOODS AT HIGHTRST POSSIBLE PRICE; IF DELIVERED TO B, B MUST WAIT FOR INSTRUCTIONS |
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Term
| NON CONFORMATY DEFENSE TO K (UCC) |
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Definition
| NOT ALLOWED WHERE B FAILED TO PROVIDE A DEFECT ITEMIZATION AFTER SELLER'S WRITTEN REQUEST |
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Term
| MERCHANT BUYER AND RESALE OF PERISABLE OR DECLINING VALUE |
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Definition
| REJECTING K B MUST MAKE REASONABLE EFFORTS TO SELL GOODS FOR THE s'S ACCOUNT, B MAY COLLECT SALE EXPENSES AND A SELLING COMMISSION NOT TO EXCEED 10% |
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Term
| END OF THESE CARDS START NEW |
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Definition
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