Briefing Exam 6 (2)

Question 1

89. A developer of a condominium project placed a restriction in the CC&R’s saying that no condominium owner could place a “for sale” sign in front of their condominium until all of the original condominiums had been sold. Regarding this restriction:

a. it is unenforceable because it infringes on the owner’s right of alienation
b. it is unenforceable because it infringes on the owner’s right of hypothecation
c. it is unenforceable because it violates the owner’s right of free speech
d. it is enforceable

Answer 1

a. it is unenforceable because it infringes on the owner’s right of alienation

The courts have ruled that this restriction infringes on the owner’s right of alienation. It is considered “restraint of trade.” The owner has the right to place a “for sale” sign of reasonable size on the property.

Question 2

90. It is important for a landlord to obtain all the necessary information on a rental application to allow the landlord to make a decision about renting to a particular person or to more than one person. A landlord thinks it is important to know whether or not a couple is married. Is it legal for the landlord to inquire whether or not a couple is married on the rental application?

a. yes, as it may affect the couple’s ability to pay rent
b. yes, because this is a moral issue
c. it is legal, but might be considered unethical
d. no, this would be considered discrimination

Answer 2

d. no, this would be considered discrimination

Marital status may not be used as a basis for choosing tenants. This would be considered discrimination and may subject the landlord to penalties.

Question 3

91. A landlord is trying to evict a tenant and serves an eviction notice. Under what circumstances could a tenant remain in the property?

a. the tenant has not had hot water for months
b. unlawful entry by the landlord
c. the lessor failed to repair a weak staircase
d. all of the above

Answer 3

d. all of the above

These are all examples of constructive eviction. When the landlord (lessor) engages in constructive eviction, the tenant may move without giving the thirty day notice or may correct the situation by paying for the repair and deducting the bill from the rent. This is called “rental offset” and the tenant may do this twice in one twelve month period. The lessor may not evict a tenant if the problem is the lessor’s fault.

Question 4

92. An advertisement is placed in a newspaper. According to the guidelines established by the Department of Housing and Urban Development, which of the following phrases would be considered discriminatory?

a. “good neighborhood”
b. “retiree’s dream house”
c. “female roommate wanted”
d. “chapel on site”

Answer 4

b. “retiree’s dream house”

Ads may not be written which are aimed at only a certain group of person. “Retiree’s dream house” implies that only retired persons would be welcome and is considered discriminatory.

Question 5

93. Which of the following is NOT a poisonous gas?

a. radon
b. carbon dioxide
c. carbon monoxide
d. formaldehyde

Answer 5

b. carbon dioxide

Carbon dioxide (CO2) is a naturally occurring gas that exists in the Earth’s atmosphere. Radon, carbon monoxide (CO), and formaldehyde are all poisonous gases.

Question 6

94. The best way to test for radon gas in a building is with a:

a. charcoal radon test kit
b. radon water test kit
c. short term radon test
d. spectrometer

Answer 6

d. spectrometer

A spectrometer is a scientific device that detects alpha particles that are emitted by radon gas and is considered to be highly reliable.

Question 7

95. What is required of a pre-paid rental service when they plan to move offices?

a. the company must inform clients of the new address before the move
b. the company must inform the client of the new address within 10 days of the move
c. they must inform the clients within 5 days
d. they must inform the clients within a month

Answer 7

a. the company must inform clients of the new address before the move

If a prepaid rental listing service (PRLS) licensee or a real estate broker operating a prepaid rental listing service under his broker license proposes to move either the principal location or main office to a different address, he shall, prior to effecting the move, give notice of the address and telephone number of the new principal location or main office in a manner reasonably calculated to reach all of the prospective tenants with whom the PRLS licensee or broker has contracts that have not expired.