Briefing Exam 6 Flashcards
- The fundamental basis for Fair Housing throughout the United States stems from:
a. the First Amendment of the Constitution
b. the National Association of Fair Housing
c. the 13th Amendment of the Constitution
d. the Rumford Fair Housing Act
c. the 13th Amendment of the Constitution
The constitutionally of all Fair Housing laws is based on the 13th Amendment of the Constitution.
- A seller lists a property with an agent. The agent shows the property to a white prospect at one price and the agent’s broker shows the property to a minority couple at a higher price. The seller then sells the property to a neighbor because the neighbor does not want minorities next door. Who has NOT broken the law?
a. the broker
b. the seller
c. the neighbor
d. the white prospect
d. the white prospect
The broker, and anyone associated with him/her, have broken the law by representing the property of a higher price to the minority couple. The white prospect is the only on who has not broken the law.
- Complaints involving violations of discrimination should be reported to the:
a. Real Estate Commissioner
b. Labor Commission
c. Department of Fair Employment and Housing
d. Department of Housing and Community Development
c. Department of Fair Employment and Housing
Complaints involving violations of the Fair Housing Laws are submitted to the Department of Fair Employment and Housing.
- A broker convinces a white family to put their home up for sale after saying that minority families are moving into the neighborhood. The broker’s actions are all of the following EXCEPT:
a. blockbusting
b. panic selling
c. illegal
d. legal but unethical
d. legal but unethical
Blockbusting or panic selling violate both federal and state fair housing laws as well as real estate licensing law.
- A licensee was farming a non integrated neighborhood which was next to an integrated neighborhood by telling the owners that if minority people moved into their neighborhood, their property values would go down. This is an example of:
a. steering
b. panic peddling
c. blockbusting
d. both b and c
d. both b and c
Blockbusting or panic selling (or panic peddling) violated federal fair housing laws.
- A listing agent received two offers in the morning and immediately presented the offers to the seller. In the evening the agent received two more offers, both with a lower price. What should the agent do?
a. don’t present the evening offers to the seller because the offers were low
b. wait until the seller has made a decision on the morning offers before presenting the evening offers
c. wait until the next day to present the lower evening offers
d. let the seller know of the two new offers immediately
d. let the seller know of the two new offers immediately
Even though it is a temptation to favor the higher offers, it is the listing agent’s fiduciary duty to notify the buyer of the new offers immediately.
- A broker is showing property to a person who is an ethnic minority. The broker decided to show property in a certain area because of his customer’s race. This is an example of:
a. redlining
b. block busting
c. plottage
d. steering
d. steering
Steering is the illegal practice of channeling prospective home purchasers or renters into homogeneous neighborhoods and actively directing them away from neighborhoods of different racial or ethnic composition.
- A loan broker asks a person applying through the broker’s office for a new loan to fill out a questionnaire which asks the borrower’s race and marital status. The applicant can:
a. refuse to disclose his race or marital status
b. file a complaint with the real estate commissioner
c. supply the information requested so his credit history can be properly checked
d. all of the above
a. refuse to disclose his race or marital status
With reference to a loan application, the borrow is not obligated to disclose either race or marital status.
- When an agent is accused of “puffing,” the agent might be guilty of which of the following:
a. trying to convince a potential seller of his wide popularity among local people
b. convincing the appraiser to assign a higher value to the property than is justified by the comparable recent sales in the area
c. exaggerating the features of the property or neighborhood when showing the property to prospective buyers
d. convincing a seller to offer a higher commission than is customary for that type of property
c. exaggerating the features of the property or neighborhood when showing the property to prospective buyers
Puffing is the exaggerating of features of neighborhood or property.
- When a deed contains discriminatory language of clauses:
a. the deed must be rewritten by the owner before the property may be sold
b. the title company must re-write the deed
c. the discriminatory words or clauses are unenforceable
d. the clauses may be enforced, since they would be considered “grandfathered” into law
c. the discriminatory words or clauses are unenforceable
Clauses which were written into deeds or CC&R’s which allow discrimination are unenforceable. There is no requirement that the deeds of CC&R’s must be rewritten.
- A licensed real estate broker who owned a large real estate firm operating under the name ABC Realty Company, listed a property for a total price of $40,000. The broker and many of his salespersons were all principals in an investment company operating under the name of Realty Income Investment Company. The investment company decided to purchase the property so the broker presented an all cash offer to the owner for the full price, but did not disclose to the seller who the purchasers were. The seller accepted the offer and opened escrow. Under these circumstances:
a. the broker’s actions were perfectly legal since he offered the full cash price
b. the broker’s offer would be legal provided he added to the escrow instructions the fact that the purchasing firm was composed of brokers and salesperson
c. the broker acted properly provided he agreed to waive any commission
d. the broker’s actions was improper because he did not reveal the true identity of the purchaser
d. the broker’s actions was improper because he did not reveal the true identity of the purchaser
The broker has a duty to the seller to reveal all material facts. The fact that the buyers are licensed would be considered a material fact, and therefore, must be revealed before the buyer accepts the offer.
- Realtor Ken hired an unlicensed person named Jose to hand out his brochures, fliers, and door hangers in his farm neighborhood. Ken also instructed Jose to go to his health club and hand out printed information. Property owner Mary, who has already listed her home with another broker, received a phone call from Jose talking about a possible meeting with Ken. Jose was using dialogue which was a scripted pitch written by Ken. Mary happened to record the conversation. Which of the following statements is correct?
a. this is perfectly acceptable for the unlicensed person and the broker
b. the unlicensed person is performing acts for which a real estate license is required
c. an unlicensed person may pass out brochures, but under no circumstances, take to a prospective client
d. Realtors agree to work under the Realtor’s Code of Ethics. It is unethical for a Realtor to solicit business from an owner who has a listing with another broker.
d. Realtors agree to work under the Realtor’s Code of Ethics. It is unethical for a Realtor to solicit business from an owner who has a listing with another broker.
The Realtor’s Code of Ethnics considers this to be unethical behavior. One Realtor may not solicit owners who have listed their property with another licensed real estate broker.
- An unlicensed secretary in a real estate office can:
a. quote prices over the phone
b. type listings and sales contracts for salespeople
c. prepare and mail postcards for salespeople
d. all of the above
b. type listings and sales contracts for salespeople
An unlicensed secretary can only take messages and type for agents. The other choices would be considered activity that would require a real estate license.
- An unlicensed assistant puts together information and assists in writing an advertisement for a broker. For this to be legal the broker must:
a. write it himself
b. approve it
c. terminate the assistant immediately
d. proofread it
b. approve it
An unlicensed assistant can gather information and help the broker create ad copy, but the broker must approve it first.
- A sales person tells his broker that he is quitting and plans to go to work for another broker. His present employing broker should:
a. notify the real estate commissioner and hold the license until further notice from the commissioner
b. give the salesperson his license and notify the real estate commissioner immediately in writing
c. request cancellation of the salesperson’s license
d. call the other broker to confirm the change
b. give the salesperson his license and notify the real estate commissioner immediately in writing
The Commissioner’s Regulations state that upon termination of employment of a salesperson, the broker shall immediately return the license certificate to the salesperson and immediately notify the commissioner thereof in writing.
- A salesperson asked the listing broker, who was not his employing broker, to advance him $600 against the commission the listing broker and agreed to pay to the selling agent. The listing broker paid the selling agent the $600 even though the deal had not yet closed escrow. In this situation:
a. the listing broker had violated the Real Estate Law
b. this is permissible if it is in writing
c. this is fraud
d. none of the above
a. the listing broker had violated the Real Estate Law
A salesperson may only collect a commission from his or her employing broker. Likewise a broker may not pay a commission to anyone other than his employed salespeople. “Selling agent” means the broker considers his or he salespeople to be employees or independent contractors.
- After passing the real estate license examination, a person must apply for the license within:
a. one year of the examination
b. one year of notification of passing
c. six months of the examination
d. six months of notification of passing
a. one year of the examination
A person must apply for their license within one year of the examination date.
- When a licensee is employed as an independent contractor, the employing broker may still have to cover the licensee for:
a. unemployment insurance
b. worker’s compensation insurance
c. errors and omissions insurance
d. all of the above are required
b. worker’s compensation insurance
The worker’s compensation law requires all employers to provide insurance coverage for their employees in case of injury on the job. This law may apply to real estate brokers, regardless of whether the broker considers his or her salespeople to be employees or independent contractors.
- What is the maximum amount that could be recovered from the Recovery Fund for one salesperson?
a. $20,000
b. $50,000
c. $100,000
d. $250,000
d. $250,000
The question is asking for the maximum amount that may be recovered for any one salesperson. $50,000 for a single transaction, but $250,000 maximum for any one licensee.
- Buyer Frank sued broker Sam for a misrepresentation in the sale of a single family residence. He was awarded a judgment but Broker Sam was bankrupt and unable to pay the judgment. Buyer Frank appealed to the Real Estate Recovery Account. Assuming the Recovery account agrees to pay Frank, he will receive a maximum of _______ for this single transaction.
a. $20,000
b. $50,000
c. $100,000
d. $250,000
b. $50,000
The Recovery Fund will pay a maximum of $50,000 for a single transaction, but $250,000 maximum for any one licensee. If the broker or salesperson is bankrupt, he/she will not be granted reinstatement until the fund is repaid in full, plus interest at the prevailing legal rate.
- The Commissioner paid from the Recovery Fund for settlement of a claim based upon a judgment against a licensed broker. If the broker is bankrupt, he/she would be required to:
a. pay the fund back in full plus interest
b. make monthly payments
c. pay back only a certain percentage
d. pay back nothing
a. pay the fund back in full plus interest
No broker or salesperson shall be granted reinstatement until he or she has repaid in full, plus interest at the prevailing legal rate, the amount paid from the Recovery Fund.
- When budgeting for a real estate office, the phrase “company dollar” means:
a. the money required to establish an office and run it for a given period of time
b. the income of an office after all expenses are subtracted
c. the income of an office after all commissions are subtracted
d. none of the above
c. the income of an office after all commissions are subtracted
The term “company dollar” is the amount left over after all commissions have been paid out.
- Dividing office overhead by the number of salespersons gives:
a. broker dollar
b. desk costs
c. company dollar
d. overhead
b. desk costs
The term “desk costs” reflect the fact that salespeople do, in fact, make use of support staff, have telephone calls, need desk space, and take up some of the time of colleagues and managers. Overhead is divided by the number of salespersons NOT desks.
- Copies of real estate transaction documents must be kept:
a. by the broker for 4 years
b. by the broker only for 3 years
c. by the broker and salesperson for 3 years
d. by the salesperson only for 3 years
b. by the broker only for 3 years
After the transaction closes, the broker must retain copies of all listings, deposit receipts, cancelled checks, trust records, and other documents for three years.
- A real estate broker’s ad must contain:
a. the name of the broker
b. that the advertiser is a broker or agent
c. the broker’s address
d. both a and b
d. both a and b
This is correct to avoid being classified as a “blind ad.”
- An advance fee is:
a. a listing agents commission
b. a bonus paid to the seller by an agent to obtain a listing
c. a prepaid fee to cover advertising and promotional costs
d. a gift to the listing broker
c. a prepaid fee to cover advertising and promotional costs
An advance fee is any fee paid before any services are rendered. Specifically, it is a practice of some brokers to obtain a non refundable fee from the seller in advance to cover advertising of properties or businesses for sale while giving no guarantee that a buyer will be found.
- All materials used in obtaining advance fee agreements must be submitted to the real estate commissioner at least __________ before they are used.
a. 5 calendar days
b. 10 calendar days
c. 20 calendar days
d. 30 calendar days
b. 10 calendar days
The Real Estate Commissioner requires that any or all materials used in obtaining advance fee agreements, including but no limited to the contract forms, letters or cards used to solicit prospective sellers, and radio and television advertising be submitted to him or her at least 10 calendar days before they are used.
- A landlord and a tenant entered into a two year lease on commercial retail space. Three months into the lease, the tenant realizes he is unable to continue paying the rent and asks the landlord to release him from the lease. The landlord agrees. This would be considered a(n):
a. surrender
b. assignment
c. abandonment
d. default
a. surrender
Surrender occurs when both the landlord and tenant agree to a termination of the lease. There is no financial liability on either the landlord or the tenant.
- It is important for a landlord to obtain all the information on a rental application in order for 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 considered unethical
d. no this would be considered discrimination
d. no this would be considered discrimination
It is considered discrimination to require disclosure of marital status in a rental application.
- A subdivider must give a copy of the Commissioner’s public report to:
a. anyone who intends to purchase one or more lots
b. any person, at any time, upon request
c. only purchasers of lost just before they sign the purchase contract
d. only their salespeople
b. any person, at any time, upon request
All prospective purchasers must be given a copy of the public report and be allowed to read it. A copy of the report must be given to anyone requesting a copy at any time.
- When is the subdivider required to give the public report to prospective purchasers?
a. prior to the sale of the last lot in a subdivision
b. prior to the sale of the first lot in a subdivision
c. prior to advertising the lots for sale
d. prior to approval of the tentative map
b. prior to the sale of the first lot in a subdivision
No sales can be closed or transactions completed until the final public report is received by the prospective purchasers. All persons who make an offer to purchase based on a final public must indicate in writing that they have received and read the applicable report.
- Which of the following must be kept on file by the broker for three years?
a. loan broker statement
b. real property security statement
c. receipt for copy of public report
d. all of these
c. receipt for copy of public report
The broker/subdivider must keep the receipt and make it available for inspection by the commissioner for three years from the date it is signed. Do not confuse the public report, which is good for five years, with the receipt.
- Which of the following statements is TRUE regarding public reports?
a. a public reprot may be renewed under certain circumstances
b. a copy of the public report shut be given to anyone upon request
c. a copy of the public report must be displayed in the subdivision sales office
d. all of the above
d. all of the above
All of the choices are true as to public reports. If all parcels have not been sold within five years of issuance of a final public report, it can be renewed for an additional five years.
- Which of the following events would required the subdivider to notify the Real Estate Commissioner?
a. the subdivider changes lot sizes
b. the subdivider changes provisions in the purchase contract
c. the subdivider changes financing terms
d. all of the above
d. all of the above
Any material change involving the subdivision must be reported to the Real Estate Commissioner. Examples of material changes include physical changes, changes in contracts, or changes in deed restrictions. New ownership of the subdivision would also constitute a material change.
- A subdivider sold five 1 acre lots to Mr. Dalton and optioned five lots to Mr. Bernstein. What course of action does the subdivider have to take as a result of this action?
a. notify the real estate commissioner of a material change
b. nothing, but Mr. Dalton and Mr. Bernstein need to contact the commissioner
c. notify the commissioner of an intent to subdivide
d. report the sale now and report the option when it is exercised by Mr. Bernstein
a. notify the real estate commissioner of a material change
The commissioner’s regulations state that if the owner of any subdivision options or sells five or more parcels to another, such option or sale constitutes a material change and the owner or original subdivider must immediately notify the commissioner.