| NATIONAL
ASSOCIATION OF REALTORS®
Formerly known as the National Association of Real Estate
Boards (NAREB), it is the largest and most prestigious real
estate organization in the world.
negative amortization
A financing arrangement in which the monthly payments are
less than the true amortized amounts and the loan balance
increases over the term of the loan rather than decreases;
an interest shortage that is added to unpaid principal.
NEGATIVE CASH FLOW
The investment situation where cash expenditures to maintain
an investment (taxes, mortgage payments, maintenance, etc.)
exceed the cash income received from the investment.
negligent misrepresentation
A negligent misrepresentation occurs when the broker should
have known that a statement about a material fact was false.
The fact that the broker may actually be ignorant about the
issue is no excuse.
NEGOTIABLE INSTRUMENT
Any written instrument which may be transferred by endorsement
or delivery so as to vest legal title in the transferee.
NEGOTIATION
The transaction of business aimed at reaching a meeting of
minds among the parties; bargaining.
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NET INCOME
The sum arrived at after deducting from gross income the expenses
of a business or investment, including taxes and insurance,
and allowances for vacancy and bad debts; what the property
will earn in a given year's operation.
net income approach
A method of pricing multiple unit rental properties where
the desire to buy is driven by the property's ability to generate
cash flow and profit. Most often used to price rental properties
of 2 or more units. When pricing single-family rental homes
and condos, the market approach is preferable.
NET LEASE
A lease, usually commercial, whereby the lessee pays not only
the rent for occupancy, but also pays maintenance and operating
expenses such as tax, insurance, utilities and repairs. Thus
the rent paid is "net" to the lessor.
net listing
An employment contract in which the broker receives as commission
all excess monies over and above the minimum sales price agreed
on by broker and seller. Because of the danger of unethical
practices in such a listing, its use is discouraged in most
states.
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net operating
income (NOI)
The income projected for an income-producing property after
deducting losses for vacancy, collection and operating expenses.
net proceeds
The cash received after paying all liens and expenses.
NET WORTH
The value remaining after deducting liabilities from assets.
NOMINAL CONSIDERATION
A consideration bearing no relation to the real value of the
contract. A deed often recites a nominal consideration, such
as "ten dollars and other valuable consideration."
non-agent
An intermediary between a buyer and seller, or landlord
and tenant, who assists both parties with a transaction without
representing either. Also known as a facilitator, transaction
broker, transaction coordinator and contract broker.
NON-COMPETITION CLAUSE
A provision in a contract or lease prohibiting a person from
operating or controlling a nearby business which would compete
with one of the parties to the contract.
non-conforming loan
A mortgage loan that does not meet Fannie Mae and Freddie
Mac underwriting guidelines. Non-conforming loans are available
as both fixed and adjustable rate mortgages.
NONCONFORMING USE
A permitted use which was lawfully established and maintained
but which no longer conforms to the current use regulations
because of a change in the zoning.
NONDISTURBANCE CLAUSE
A clause inserted in a mortgage whereby the mortgagee agrees
not to terminate the tenancies of lessees who pay their rent
if the mortgagee forecloses on the mortgagor-lessor's building.
NORMAL WEAR AND TEAR
That physical deterioration which occurs in the normal course
of the use for which a property is intended, without negligence,
carelessness, accident or abuse of the premises (or equipment
or chattels) by the occupant, members of household, or their
invitees or guests.
notary public
A person who acknowledges oaths, such as the signing of a
grant deed or deed of trust; must be duly appointed by the
proper authorities.
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NOTE
A document signed by the borrower of a loan, stating the loan
amount, the interest rate, the time and method of repayment
and the obligation to repay. The note is the evidence of the
debt. When secured by a mortgage, it is called a mortgage
note.
NOTICE
(1) Legal notice is notice which is required to be made by
law, or notice which is imparted by operation of law as a
result of the possession of property or the recording of documents.
(2) Notice which is required by contract, for example, when
the parties agree to terminate a contract by the written notice
of either party 30 days prior to termination.
NOTICE OF COMPLETION
Document filed to give public notice that a construction job
has been completed and that mechanics' liens must be filed
within ,say, 45 days to be valid.
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NOTICE OF DEFAULT
A notice to a defaulting party that there has been a default,
usually providing a grace period in which to cure the default.
NOTICE OF NONRESPONSIBILITY
A legal notice designed to relieve a property owner from responsibility
for the cost of improvements ordered by another person.
NOTICE TO QUIT
A written notice given by a landlord to his tenant, stating
that the landlord intends to regain possession of the leased
premises and that the tenant is required to quit and remove
himself from the premises either at the end of the lease term
or immediately if there is a breach of lease or if the tenancy
is at will or by sufferance; sometimes refers to the notice
given by the tenant to the landlord that he intends to give
up possession on a stated day.
NOVATION
The substitution of a new obligation for an old one; substitution
of new parties to an existing obligation, as where the parties
to an agreement accept a new debtor in place of an old one.
NUISANCE
Conduct or activity which results in an actual physical interference
with another person's reasonable use or enjoyment of his property
for any lawful purpose.
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NULL & VOID
Having no legal force or effect; of no worth; unenforceable;
not binding.
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