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Memphis, TN Real Estate News

By David Saks, Broker / Industry Analyst
#2426 If a landownber has npoated a "no trespassing" or "no hunting"  sign on his or her property, what stick in the bundle of legal rights is this person exercising ? A. The right of exclusioon. The right of exclusion gives the landowner the right to say who or what has a right to be on their property. The other rights included in the bubdle of legal rights are the rights of "control", "enjoyment" and "disposition".
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By David Saks, Broker / Industry Analyst
   #2425 When we consider the methods of annexation, adaptation and the type of agreement, these are considered the legal tests for determining whether or not an item is land or real estate ? True or false ? A. False The method of annexation, the type of adaptation, and the kind of agreement entered into are the legal tests for considering whether or not an item is real property or personal property. In brief, the county assessors office might have more to do with whether or not an item is to be considered real property or personal property.
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By David Saks, Broker / Industry Analyst
#2424 If a property owner doesn't want to deal with the day to day task of managing an apartment complex or any other form of rental property the owner can hire a developer. Is this true or false ? Take your time. The answer is posted below the wildlife photo. A. False The property owner would hire a property manager to manage the property and see to the day to operation of it's affairs.
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By David Saks, Broker / Industry Analyst
#2423 Appraisal, financing, property management, and real estate developement are all specializations directly linked to state and governmental finance policies. Is this true or false ? Take your time. The solution is posted below the wildlife photo. A. False Financing, property management, appraisal and developement are considered separate professions within the real estate industry.
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By David Saks, Broker / Industry Analyst
#2422 When the population of a town suddenly increases demand for housing will start to decrease and so will real estate prices. Is this true or false ?theory a Take your time. The answer is posted below the wildlife photo. A. False The opposite is true. The demand for housing will begin to increase and home prices will start to follow the trend. Prices will increase.
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By David Saks, Broker / Industry Analyst
#2421 If an option to purchase real estate has been recorded but has never been worked out, the option may always be reverted to a form of protection or collateral for a new loan. Is this true or false ? Take your time. The solution is posted below the wildlife photo. A. False If the option is recorded and has never been carried out it creates a cloud on the title and may only be cleared by obtaining a release from the optionee.
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By David Saks, Broker / Industry Analyst
I Wrote This Song "Meaning & Reason" The Existentialist's Anthem. Recorded Live Only Once On Beale Street In 1990 ! I Never Recorded It Again For the Sake of Humanity :-)-David-
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By David Saks, Broker / Industry Analyst
This Is One of My Favorite Episodes Of "The Honeymooners" Ralph Kramden Decides That It's Time to Make Something Out of Himself Something That Spells Success He Wants to Hit That "High Note" 60 Years Later, March 24, 1956, It Has As Much Meaning Now As It Did Then And More. -David-
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By David Saks, Broker / Industry Analyst
One of the Greatest Films Ever Made About Tragedy and Triumph Was 1950's "Young Man With a Horn" with Kirk Douglas, Lauren Bacall & Doris Day You Can Hear All of Life's Emotions In Harry James' Trumpet One of My Favorite Films of All Time -David-
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By David Saks, Broker / Industry Analyst
#2420 A contract is considered to be a void contract if it can't be enforced because of a statute of limitations. Is this true or false ? Take your time. The solution is posted bel;ow the royalty free wildlife photo.   A. False If a statute of limitations is involved we have an expired contract. Contracts are considered void if some absolutely necessary component was removed from the contract renedering it unenforceable. The contract will have no legal impact.
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By David Saks, Broker / Industry Analyst
#2419 When we talk about REALTORS® we're talking about professionals that are members of the National Association of Real Estate Brokers. Is this true or false ? This is a very tough question, so please take your time before you scroll down below the wildlife photo for your solution.   A. False When we talk about members of the National Association of Real Estate Brokers we're referring to Realists. When we talk about REALTORS® we're talking about members of the National Association of REALTORS®.   All wildlife photos are royalty free.
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By David Saks, Broker / Industry Analyst
#2418 When we speak of the statute of frauds we're talking about a law which requires that all contracts must contain a provision for habendum clause. Is this true or false ? Take your time. The solution is posted below the wildlife photo A. False The statute of frauds is a statute that requires that contracts must be signed and in writing by the parties to the contract. Habendum clause is a clause placed after a granting clause in a deed which will begin with the words "to have and to hold" and will indicate the type of the estate acquired by the grantee.
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By David Saks, Broker / Industry Analyst
#2417 A contract can be discharged, terminated and cancelled if it is breached by any party to the contract, and any liability for the contract is also terminanted. Is this true or false ? Take your time. The solution is posted below the wildlife photo. A. False If a contract is breached the contract may not be cancelled or discharged. The breach will violate the duty to carry out a contractual obligation in the contract and is not an excuse to terminate the contract. Failure to perform is not excusable in a breach of contract.
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By David Saks, Broker / Industry Analyst
#2416 If a clause is included in a contract that will award five thousand dollars to one party if the other part breaches the contract, and the party receiving the five thousand dollars cannot sue the party that breaches the contract for more than five thousand dollars, this clause is known as a just compensation clause. Is this true or false ? Take your time. The soution is npoosted below the wildlife photo. A. False This type of clause is known as a liquidated damamges clause . Just compensation is a Constitutional entity that requires the government to fairly compensate a property owner when the property owner's property is taken under eminent domain. Liquidated damages is the full amount of money that parties to a contract will agree to in advance if there is a breach of contract.
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By David Saks, Broker / Industry Analyst
    #2415 Special assessment taxes are transfer taxes imposed at closing and affect the transfer of deed, are mandated by the state, and derive revenue from real property sales. Is this true or false ? Take your time. The solution is posted below the wildlife photo. A. False A special assessment tax is generally considered to be the same thing as an improvement tax which would be imposed for the purpose of paying for improvements, such as paving a street or road.
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By David Saks, Broker / Industry Analyst
   #2413 If the owner of a property believes that their property was unfairly or improperly zoned by their zoning commission the owner should apply for a conditional use permit. Is this true or false ? Take your time. The solution is posted below the wildlife photo. A. False A conditional use permit  is a permit that would permit a special use of a property in a neighborhood where the type of use being applied for would normally be prohibited because of zoning ordinances. If the owner believes the property was not zoned correctly the owner should petition for an amendment to a zoning ordinance known as a rezone which would change the types of uses allowed by the prevailing zoning ordinance.
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By David Saks, Broker / Industry Analyst
  #2412 When new zoning ordinances become law and become effective nonconfroming uses are only allowed a period of 90 days to become compliant with the new ordinances and will not be allowed to continue after that time. Is this true or false ? Take your time. The solution is posted below the wildlife photo. A. False Nonconforming uses, or building uses which were in effect before the new ordinances became effective, are usually allowed to continue in the use for which they were designed . The use of the building may not be spread out, it may not be taken up again if the building is abandoned and the building may not be rebuilt if it has been destroyed.
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By David Saks, Broker / Industry Analyst
#2411 Land use control laws are created to insure that certain properties remain profitable and make money for the owners. Is this true or false ? Take your time time. The solution is posted below the wildlife photo. A. False Land use controls may ensure that population density and growth are controlled and that properties remain in a compatible stage with the restrictions. Profitability is not a concern of land use controls.
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