California License Real Estate Terms Glossary

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UNDUE INFLUENCE

A compulsory charge on property or individuals, the payment of which supports a government.

UNDUE INFLUENCE

Taking any fraudulent or unfair advantage of another's necessity or weakness of mind. Using a position of trust and confidence improperly to persuade a person to take a course of action. By relying on the trusted confidant, the decision maker fails to exercise his free will and independent judgment.

UNEARNED INCREMENT

An increase in value of real estate due to no effort on the part of the owner, often due to an increase in population.

UNENFORCEABLE

Incapable of being enforced at law. An example of an unenforceable contract is an oral listing agreement to pay a broker a commission.

UNIFORM COMMERCIAL CODE

A group of statutes establishing a unified and comprehensive scheme for regulation of security transactions in personal property and other commercial matters, superseding the existing sstatutes on chattel mortgages conditional sales, trust receipts, assignment of accounts receivable, and other similar matters.

UNILATERAL

One-sided, ex parte.

UNJUST ENRICHMENT

A legal doctrine that prevents a person from inequitably benefiting from another's mistake, poor judgment, or loss. In a land sales contract the vender may no longer keep both the property and the buyer's excess payments (over his damages) in the event of breach, because to do so would unjustly enrich him at the buyer's expense.

UNLAWFUL DETAINER

An action to recover possession of real property. A lawsuit designed to evict a defaulting tenant, or anyone unlawfully in possession of property, from premises. It is summary in nature, entitled to a priority court trial, and litigates only the right to possession of property (and damages resulting therefrom).

UNLAWFULL

Illegal.

UNRUH CIVIL RIGHTS ACT

Deals with equal rights in business establishments, prohibits age limitations in housing, and sets age limitations necessary for senior housing. It states that all persons within California are free and equal no matter what their sex, race color, ancestry, national origin or disability, they are entitled to full and equal acommodations.

UNSECURED DEBT

A debt not backed by specific property to satisfy the indebtedness in case of default.

URBAN PROPERTY

City property; closely settled property.

USURY

Claiming a rate of interest greater that that permitted by law. Charging a greater rate of interest on loans than the rate allowed by law (10 percent in many cases).

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