Texas Real Estate License Glossary

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HABENDUM CLAUSE – That part of the deed beginning with the words “to have and to hold,” following the granting clause and reaffirming the extent of ownership that the grantor is transferring.

HABITABLE – Being fit to live in. The residential landlord has an obligation to keep the leased premises in a habitable condition.

HEIR – A person who inherits under a will or a person who succeeds to property by the laws of descent if the decedent dies without a will (intestate).

HIGHEST AND BEST USE – That use which, at the time of appraising the property, is most likely to produce the greatest net return to the land and/or the building over a given period of time.

HIGH RISE – A popular expression for a condominium or apartment building generally higher than six stories.

HOLD HARMLESS CLAUSE – A clause inserted in a contract whereby one party agrees to indemnify and protect the other party from any injuries or lawsuits arising out of the particular transaction.

HOLDOVER TENANT – One who stays on the leased premises after his lease has expired. The landlord normally has the choice of evicting the holdover tenant or permitting him to remain and continue to pay rent.

HOMEOWNER’S ASSOCIATION – A non-profit association of homeowners organized pursuant to a declaration of restrictions or protective covenants for a subdivision, a PUD, or a condominium.

HOMESTEAD – A home which is used as a personal residence.

HOTEL – A building or group of attached or detached buildings containing dwelling or lodging units in which 50 percent or more of the units are lodging units, usually distinguished by a front desk, dining and other common facilities.

HOUSE RULES – Rules of conduct adopted by a board of directors of a condominium and designed to promote harmonious living among the owners and occupants.

HUD – A federal cabinet department officially known as the Department of Housing and Urban Development.

HYPOTHECATE – To pledge specific real or personal property as security for an obligation, without surrendering possession of it.

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IMPLIED WARRANTY OF HABITABILITY – A legal doctrine imposing on the landlord a duty to make the leased premises acceptable to live in and ready for occupancy and to continue to maintain them in a state of repair throughout the entire term of the lease.

IMPOUND ACCOUNT – A trust account established to set aside funds for future needs.

IMPROVED LAND – Real property whose value has been enhanced by the addition of on-site and off-site improvements such as roads, sewers, utilities, buildings, etc.; as distinguished from raw land.

IMPROVEMENTS – Valuable additions made to property, amounting to more than repairs, costing labor and capital and intended to enhance the value of the property. Improvements of land would include grading, sidewalks, sewers, streets, utilities, etc. Improvements on land would include buildings, fences, and the like.

IMPUTED INTEREST – Interest implied by the federal tax law.

INCOME APPROACH – An approach to the valuation or appraisal of real property as determined by the amount of net income the property will produce over its remaining economic life.

INCOME PROPERTY – Property purchased primarily for the income to be derived plus certain tax benefits, such as accelerated depreciation. Income property can be commercial, industrial or residential.

INCORPOREAL RIGHTS – Intangible or non-possessory rights in real property such as easements, licenses, profits and the like.

INDEPENDENT CONTRACTOR – One who is retained to perform a certain act, but who is subject to the control and direction of another only as to the end result and not as how he performs the act. The critical feature, and what distinguishes an independent contractor and an employee or agent, is the right to control.

INDUSTRIAL PARK – An area zoned industrial and containing sites for many separate industries and developed and managed as a unit, usually with provisions for common services for the users.

INJUNCTION – A legal action which forbids a party defendant from doing some act; it requires a person to whom it is directed to refrain from doing a particular thing.

INNOCENT PURCHASER FOR VALUE – One who purchases real property without notice, actual or constructive, of any superior rights or interests in the real property.

INSPECTION – A visit to and review of the premises. A prudent purchaser of property always inspects the premises before closing.

INSTITUTIONAL LENDER – Financial institutions such as banks, insurance companies, savings and loans or any lending institution whose loans are regulated by law.

INTEREST – The sum paid or accrued in return for the use of money.

INTERIM FINANCING – A short-term loan usually made during the construction phase of a building project; often referred to as the “construction loan.”

INTESTATE – To die without a valid will.

INVENTORY – An itemized list of property. Many brokers recommend that their clients attach to the sales contract an inventory of property to be included in the sale of a residential property, including a condominium dwelling.

INVERSE CONDEMNATION – An action for “just compensation “brought by one whose property has been effectively “taken” or substantially interfered with or taken without just compensation.