All Chapters of Practice Flashcards
In formulating an effective business plan, a licensee should:
- clearly and specifically define each objective.
- set realistic business objectives.
- establish checkpoints within the plan in order to be able to measure the success or failure of achieving the plan.
- All of the above.
All of the above
How many sales would a licensee have to make per year to gross $105,000 per year under the following fact situation?
An average sales price of $500,000, with an average gross commission on each sale of 6%, a commission split between listing and selling brokerage of 50% each, and the licensee has a 70/30 split with the brokerage (the brokerage takes 30%, the licensee takes 70%).
- 8
- 9
- 10
- 11
10
A 6% commission on $500,000 is $30,000 (500,000 x .06 = 30,000). The split between the brokerages is 50%, resulting in $15,000. The licensee splits 70% of that with the associated brokerage, netting the licensee $10,500. In order to earn $105,000 per year, the licensee would need to make 10 sales each year.
Which of the following might stand in the way of achieving a well defined business plan?
- The lack of proper clothing or automobile to give the proper image
- The lack of sales experience
- The lack of personal funds in order to survive more than 2 months without receiving a commission
- All of the above
all of the above
The majority of California laws impacting the practice of real estate are found in:
A: Title 10 of the California Code of Regulations
B: The California Business and Professions Code sections 10000 to 11288
- A only
- B only
- Both A and B
- Neither A nor B
Both A and B
The professional organization comprised primarily of African American real estate licensees is known as the:
- National Association of REALTORS®.
- Association of African American Brokers.
- Real Estate Broker’s Institute.
- National Association of Real Estate Brokers.
National Association of Real Estate Brokers.
Which one of the following is NOT a natural resource property?
- Ranches
- Rock quarries
- Forest lands
- Properties abutting the sea
Properties Abutting the Sea
This course is largely about one particular area of real estate but introduces “specialized areas of real estate.” These specialized areas require additional training and knowledge beyond the scope of this course. Which is the area of real estate do we NOT consider to be a specialized area?
- Commercial
- Residential
- Natural resource properties
- Business opportunity
Residential
A section 1031 tax-deferred exchange is NOT:
- a transfer of a property for a like-kind property.
- considered a professional real estate activity for the licensee.
- a method for the exchanger to defer capital gains taxes on the sale of a primary residence.
a method for the exchanger to defer capital gains taxes on the sale of a primary residence.
Which statement regarding a professional home inspection is FALSE?
- The buyer may terminate the contract with no penalty based on the findings of the inspections
- The seller and buyer may openly negotiate the responsibility of any repairs revealed by the inspection
- The seller must perform all repairs requested by the buyer, or be in breach of contract
- The seller may refuse to perform any or all of the repairs discovered in the home inspection
The seller must perform all repairs requested by the buyer, or be in breach of contract
When dealing with a manufactured home, a real estate licensee can sell a manufactured structure that is:
- registered with the California Department of Real Estate.
- still attached to its mobile trailer.
- brand new and not attached to anything yet.
- permanently attached to the land.
permanently attached to the land.
Which of the following would hinder the success of a new licensee?
- Being a problem solver
- Taking advantage of clients
- Being willing to accept rejection and keep trying
- Being a good listener
Taking Advantage of Clients
The Department of Housing and Urban Development (HUD):
- establishes and enforces laws to protect the environment.
- is a secondary market for lenders to sell mortgage loans.
- establishes and regulates VA loans.
- establishes criteria for residential property loans insured or guaranteed by the government.
establishes criteria for residential property loans insured or guaranteed by the government.
Which of the following is NOT a California state law relating to the real estate industry?
- Fair Employment and Housing Act
- The Housing for Older Persons Act (HOPA)
- The Holden Act
- The Unruh Civil Rights Act
The Housing for Older Persons Act (HOPA)
Which one of the following is NOT a protected class under the federal fair housing laws?
- race
- religion
- sexual orientation
- color
sexual orientation
The Voluntary Affirmative Marketing Agreement, co-authored by HUD and the National Association of REALTORS®, was developed to promote:
- affirmative marketing advertisement.
- the use of the Equal Opportunity and Fair Housing logo.
- equal opportunity in the real estate industry.
- All of the above
all of the above
Which definition best describes steering?
- Telling prospective homeowners about the racial, ethnic, or religious composition of any neighborhood
- Circulating rumors of an infusion of a particular ethnic group moving into a neighborhood to induce homeowners to sell
- Discouraging buyers from considering certain neighborhoods
- Refusing to make a mortgage loan for reasons other than the qualifications of the applicant
Discouraging buyers from considering certain neighborhoods
Which one of the following is NOT considered to be a disability as defined by the Americans with Disabilities Act?
- Intellectual disabilities, emotional illness, alcoholism, and psychiatric disabilities
- Psychotic impairment due to use of mind-altering drugs
- A physical or mental impairment that substantially limits one or more major life activities
- Visual, orthopedic, speech, and hearing impairments
Psychotic impairment due to use of mind-altering drugs
The Fair Housing Amendment Act of 1988, which addresses the issue of local regulations regarding occupancy, does NOT allow a state or local government to:
- enact rules limiting the occupancy of housing to those who are 55 years old and older.
- enact legislation restricting the number of occupants to specifically eliminate families with children.
- enact regulations regarding the maximum number of occupants for a dwelling as long as that number is reasonable.
- enact occupancy standards that apply to both private and public sector housing.
enact legislation restricting the number of occupants to specifically eliminate families with children.
Which of the following phrases are permitted in advertising per HUD guidelines?
- “Large family room.”
- “A large lot ideal for the physically fit.”
- “Great bachelor pad!”
- “Near the Mormon temple.”
“Large family room.”
Which one of the following private property owners is exempt from federal fair housing laws?
- A landlord who refuses to rent to minority gang members out of concern for physical damage to the property
- A homeowner refuses to sell to an African American and does not use a real estate licensee to broker the transaction
- The property owner is a church and the church does not permit racial minorities to be members
- The rental housing is in a building with six rental units and the landlord is living in one of the units
A landlord who refuses to rent to minority gang members out of concern for physical damage to the property
Which of the following are protected under the Americans with Disabilities Act?
- Compulsive gambling
- Illegal substance abuse problems
- Gender identify disorders
- HIV/AIDS
HIV/AIDS
With regard to housing, which of the following classes does the California Fair Employment and Housing Act NOT protect?
- Age
- Marital status
- Sexual Orientation
- HIV and AIDS
Age
Under California Fair Employment and Housing Act, age is not a protected class with respect to housing. With respect to employment, age is a protected class.
Which are conflict of interest situations?
- Only showing your buyer properties with commission amounts over a certain percentage
- Making an offer on a property before showing the property to your client, who is looking for the same type of property
- Accepting a referral fee from your buyer’s lender
- Your mother makes an offer to purchase one of your listings through a different buyer’s agent, and you do not disclose to the seller that the buyer is your mother
- 4 only
- 1 and 2 only
- 3 only
- 1, 2, 3, and 4
1, 2, 3, and 4
Which statement is FALSE regarding the REALTOR Code of Ethics?
- The Code is based upon what is fair and right.
- The Code is the basis of many regulations.
- The Code is a recommendation only with no consequences for violating any portion.
- The Code is a road map to good business.
The Code is a recommendation only with no consequences for violating any portion.
Which one of the followings statements about the conduct outlined in the REALTOR® Code of Ethics is NOT TRUE?
- All real estate licensees can freely use the term “REALTOR®” in their advertisements
- A REALTOR® can contact another REALTOR’s® seller to solicit for a property management contract
- A REALTOR® can contact another REALTOR’s® seller for the listing contract’s expiration date when the listing REALTOR® does not give the date to the inquiring REALTOR®
- A REALTOR® can send mass mailings to neighborhoods where there are listed properties, even when the intent of the mailer is to solicit for those listings once their current contract expires
All real estate licensees can freely use the term “REALTOR®” in their advertisements
Which of the following situations are unethical?
- Intentional under-estimating of closing costs to a buyer
- Intentional over-estimating of closing costs to a seller
- Careless guesses as to closing costs to either seller or buyer
- Intentionally not addressing the issue of closing costs with a buyer
- 1 only
- 1, 2, and 4 only
- 1 and 4 only
- All of the above
All of the above
While preparing an offer to purchase, Sally’s client executed a promissory note for $5,000 as a promise to pay earnest money. Sally must:
- advise the client that sellers prefer the earnest money be in cash.
- specify on the offer that a promissory note has been received and in what form it is in.
- deposit the earnest money into her business account.
- All of the above
specify on the offer that a promissory note has been received and in what form it is in.
Which of the following is NOT one of the five common law fiduciary duties?
- Obedience
- Disclosure
- Care
- Humility
- Loyalty
- Accounting
humility
“This home has one of the most beautiful views in the city” is an example of sales speak, which is also known as:
- exaggeration.
- misrepresentation.
- fraud.
- puffing.
puffing
Which would NOT violate the REALTOR Code of Ethics?
- Selecting only the six highest priced comparable sold properties when preparing a CMA.
- Intentionally undervaluing a listing to bring about an immediate sale.
- Advising a buyer to pay more than the listed price because of fierce competition in the market place and product scarcity.
- Recommending an inflated price in order to obtain the listing.
Advising a buyer to pay more than the listed price because of fierce competition in the market place and product scarcity.
Which of the following can the listing agent disclose to a prospective buyer without authorization from the seller to do so?
- The seller’s current financial condition
- Facts material to the transaction and that would be disclosed as a matter of good faith
- The seller’s reason for selling the property
- The fact that the seller is about to face foreclosure of the property offered for sale
Facts material to the transaction and that would be disclosed as a matter of good faith
Which statement is TRUE with respect to ethics?
- Negligent acts of a licensee do not constitute unethical conduct
- Misrepresentation may occur by either an affirmative intentional misrepresentation or by nondisclosure of a material fact
- A material fact does not have to be made known to a client if a licensee feels that the fact is of no importance to the client
- All of the above
Misrepresentation may occur by either an affirmative intentional misrepresentation or by nondisclosure of a material fact
Which one of the following is NOT a characteristic of a good record keeping routine
- Record entries on the Trust Fund Bank Account Record in chronological sequence
- Reconcile the trust account records on a quarterly basis
- Use the same source documents consistently as the basis for recording trust fund receipts and disbursements
- If more than one trust fund bank account is used, keep a separate set of records for each bank account
Reconcile the trust account records on a quarterly basis
Once trust funds have been deposited into a trust account, the funds can only be withdrawn upon the signature of:
- A salesperson licensed to a broker if properly authorized in writing to do so
- The designated broker-officer if the trust account is in the name of corporate broker
- The broker in whose name the account is maintained
- All of the above
All of the above
Which is an improper accounting procedure when receiving advance fees?
- Recording all services to be provided from the advance money given.
- Recording the amount collected.
- Recording the names of the agent and the principal.
- Depositing them into and disbursing them from the office business account.
Depositing them into and disbursing them from the office business account.
Which is NOT accomplished by maintaining a trust account for funds received?
- A trust account protects a client from a dishonest broker
- A trust account provides the DRE with easy audit access to client trust funds being held
- Each client in a trust account receives $250,000 FDIC insurance protection
- Funds cannot be frozen pending litigation against the broker
A trust account protects a client from a dishonest broker
Which of the following documents or records must be made available to the DRE when requested?
A: Broker-salesperson contracts
B: Trust fund account records
C: All unaccepted offers
D: Property Management Agreements
- B and C only
- B only
- B, C, and D only
- All of the above
all of the above
The Business and Professions Code requires that a trust account be all of the following, EXCEPT:
- designated as a trust account in the name of the broker as trustee.
- maintained with a bank or recognized depository located in the State of California.
- maintained by a CPA as trustee of the trust account.
maintained by a CPA as trustee of the trust account.
An acceptable accounting system must show:
- an accurate balance remaining in the trust account.
- the balance owing to each beneficiary or on each transaction based upon recorded entries.
- a chronological listing of all trust funds received and disbursed.
- All of the above
All of the above
If a licensee is found guilty of conversion of trust funds:
- the DRE will most certainly revoke the license of the licensee.
- assets of the licensee may be sold to recover the converted funds.
- a receivership may be imposed on the licensee’s assets in order to find and recover the converted funds.
- All of the above
all of the above
The unauthorized use of trust funds for personal use is known as:
- commingling.
- conversion.
- negligence.
- misrepresentation.
conversion
Which one of the following is NOT considered to be trust funds?
- Deposit checks made payable to a title company
- Rent from a tenant of the licensee’s rental property
- A promissory note held as part of a property purchase price
- Fees for a brokerage service to be performed in the future
Rent from a tenant of the licensee’s rental property
Which of the following must be disclosed in the Real Estate Transfer Disclosure Statement (TDS)?
- Easements affecting the property
- A non-functioning oven
- Additions or alterations made without a permit
- Neighborhood noise or nuisance problems.
All of the above
Which of the following is NOT true regarding the obligations of a buyer?
- The buyer has a duty to exercise reasonable and ordinary care and diligence in the investigation process
- The buyer has no duty to investigate beyond the seller’s representations in the Real Estate Transfer Disclosure Statement
- A buyer cannot deny knowledge of a fact that would or could have been known to them if they are negligent in investigating the property
The buyer has no duty to investigate beyond the seller’s representations in the Real Estate Transfer Disclosure Statement
In California, the law requires disclosure if:
- any occupant of a residence being offered for sale died in the home within the past 3 years.
- The buyer inquires if the property seller was a member of a specific ethnic group.
- a buyer asks if the owner or another resident had AIDS.
- an occupant of the residence died from an AIDS-related illness.
any occupant of a residence being offered for sale died in the home within the past 3 years.
Lead-based paint disclosure must be made in which of the following transactions?
- The purchase of single-family residential structure
- A property sold at foreclosure
- Rental property certified under a federal program as “lead-based paint free”
- The purchase of a duplex
- 1 only
- 1, 2, 3, and 4
- 1 and 4 only
- 1 and 3 only
1 and 4 only
Which of the following are red flags?
- A smell of dampness in structure
- Soft floors in the area around a bathroom tub
- The use of certain brands of manufactured siding
- Water stains on a ceiling
- 1 and 4 only
- 1, 2, and 4 only
- None of the above
- All of the above
All of the above
In the Real Estate Transfer Disclosure Statement, the seller must disclose actual knowledge of which of the following environmental hazards?
- Radon
- Formaldehyde
- Asbestos
- Underground fuel storage tank
- 1 and 3 only
- 1,2 and 3 only
- None of the above
- All of the above
All of the above
A buyer filing a lawsuit against a licensee alleging fraud must contain which elements?
- Proof that the licensee had knowledge or should have known of the material fact and that the fact was beyond the reach of the buyer
- Nondisclosure of facts or misinformation must materially affect the value or desirability of the property
- The intent of the licensee was to induce action on the part of the buyer
- All of the above
All of the above
The seller and licensees have the legal responsibility to make the natural hazards disclosures for properties located in which of the following zones?
- Special flood hazard zone
- Seismic hazard zone
- Wild land fire area
- Dam failure inundation
- 1 and 3 only
- 1 and 2 only
- 2 and 3 only
- All of the above
All of the above
The principles of Easton, as codified in California Civil Code, do NOT:
- limit the liability of a real estate licensee to that which the seller has disclosed.
- require a real estate licensee to conduct a reasonably competent and diligent visual inspection of a property offered for sale.
- require a real estate licensee to disclose any material fact that a visual inspection reveals.
limit the liability of a real estate licensee to that which the seller has disclosed.
Which of the following types of sales or transfers requires the execution of a TDS?
- A mobile home
- Between spouses resulting from a divorce decree
- A duplex
- Property sold as-is
- 1, 3 and 4 only
- 3 only
- 1 and 2 only
- All of the above
1, 3 and 4 only
A real estate licensee must do which of the following with respect to agency relationship disclosure?
- Have the buyer and seller confirm in writing in the contract to purchase and sell real property or in a separate document acknowledging the agency relationships involved in the transaction
- Give an agency disclosure form to a seller before the seller has signed a listing agreement
- Deliver an agency disclosure to a buyer as soon as practical, but in all cases prior to the execution of an offer
- All of the above
All of the above
Which of the following must be given to a borrower buying a home with an adjustable rate mortgage?
- A loan program disclosure for each variable rate program in which the borrower expresses an interest
- Subsequent disclosures each month an interest rate adjustment takes place
- The Consumer Handbook on Adjustable Rate Mortgages
- All of the above
All of the above
Which of the following are required disclosures when selling an interest in a subdivision?
- Blanket encumbrance disclosure
- Annual association disclosure in common-interest ownership subdivisions
- A seven calendar day right of rescission, if the sale is a subdivision with undivided interest or timeshare
- All of the above
All of the above
Which of the following falls within the definition of subdivided lands and subdivisions as set forth in the Business and Professions Code?
- Any condominium project containing four or more units.
- Any community apartment project containing five or more apartments.
- Any time-share project containing five or more time share estates have terms of five years or more.
- Any planned development containing one or more lots.
Any community apartment project containing five or more apartments.
Which type of transaction requires the use of an agency disclosure form?
- The sale of a mobile home
- The sale of commercial real estate
- The sale of a 4-plex
- The sale of a single-family residence
- 2, 3, and 4 only
- 1, 2, 3, and 4
- 1 and 4 only
- 1, 3 and 4 only
1, 2, 3, and 4
Regulation Z applies to which of the following credit situations?
- Purchase of a penthouse condominium
- Purchase of a 10 acre tract of land that will be subdivided and each lot individually sold
- Purchase of a single-family dwelling
- Purchase of an 8-plex apartment building
- 1, 2, 3, and 4
- 3 only
- 1 and 3 only
- Neither 1, 2, 3, or 4
1 and 3 only
Which type of transaction does the seller carry back disclosure requirement NOT apply to?
- Residential dwellings of one-to-four units where the seller extends credit to the buyer under a contract that provides for a finance charge
- A transaction where the seller extends credit to the buyer under a contract that requires more than four payments, not including the down payment
- The sale of an 8-plex in which the purchaser will occupy one of the units
The sale of an 8-plex in which the purchaser will occupy one of the units
Which of the following loan transactions does RESPA NOT apply to?
- Residential lender approved assumptions
- An 8-plex purchase
- Residential purchase
- Residential refinance
An 8-plex purchase