Glossary of Utah Real Estate Terms - C
Complete List of Real Estate Terms from A-Z
COMMISSION - The compensation paid to a real estate
broker(usually by the seller) for services rendered in
connection with the sale or exchange of real property.
COMMITMENT - A pledge or promise to do a certain act, such as
the promise of a lending institution to loan a certain amount of
money at a fixed rate of interest to a qualified buyer, provided
the loan is obtained on or before a certain date.
COMMON AREAS - Land or improvements designated for the use and
benefit of all residents, property owners and tenants.
COMMON ELEMENTS - Parts of the property which are necessary or
convenient to the existence, maintenance and safety of the
condominium, or are normally in common use by all of the
condominium residents.
COMMON LAW - That body of law which is based on usage, general
acceptance, and custom, as manifested in decrees and judgments
of the courts; judge-made law, as opposed to codified or
statutory law.
COMMON WALL - A wall separating two living units.
COMMUNITY PROPERTY - A system of property ownership based on the
theory that each spouse has an equal interest in property
acquired by the efforts of either spouse during marriage.
COMPARABLES - Recently sold properties which are similar to a
particular property being evaluated, and which are used to
indicate a reasonable fair market value for the subject
property.
COMPOUND INTEREST - Interest which is computed upon the
principal sum plus accrued interest.
CONCESSIONS - Discounts given by landlords to prospective
tenants to induce them to sign a lease.
CONDEMNATION - Either a judicial or administrative proceeding to
exercise the power of eminent domain, i.e., the power of the
government to take private property for public use.
CONDOMINIUM OWNERSHIP - An estate in real property consisting of
an individual interest in an apartment or commercial unit, and
an undivided common interest in the common areas such as the
land, parking areas, elevators, stairways, and the like.
CONSIDERATION - An act or forbearance, or the promise thereof,
which is offered by one party to induce another to enter into a
contract; that which is given in exchange for something from
another.
CONSTRUCTIVE EVICTION - Acts done by a landlord which so
materially disturb or impair the tenant's enjoyment of the
leased premises that a tenant is effectively forced to move out
and terminate the lease without liability for any further rent.
CONSTRUCTIVE NOTICE - Notice of certain facts which are implied
bylaw to a person because he could have discovered the fact by
reasonable diligence or by inquiry into public records.
CONTINGENCY - A provision placed in contract which requires the
completion of a certain act or the happening of a particular
event before a contract is binding.
CONTRACT - A legal agreement between competent parties who agree
to perform or refrain from performing certain acts for a
consideration. In real estate, there are many different types of
contracts, including listings, contracts of sale, options,
mortgages, assignments, leases, deeds, escrow agreements, and
loan commitments, among others.
CONVEYANCE - The transfer of title to real property by means of
a written instrument such as a deed or an assignment of lease.
COOPERATING BROKER - A broker who joins with another broker in
the sale of real property.
COOPERATIVE OWNERSHIP - Cooperative ownership of an apartment
unit means that the apartment owner has purchased shares in a
corporation which holds title to the entire apartment building.
CO-TENANCY - Concurrent property ownership in which two or more
persons own an undivided interest in the same property.
COUNTER-OFFER - A new offer made as a reply to an offer received
from another; this has the effect of rejecting the original
offer, which cannot thereafter be accepted unless revived by the
offeror's repeating it. COURTESY TO BROKERS - The practice of
sharing commissions with cooperating brokers.