CHAPTER 2 -- TRANFER OF PROPERTY Flashcards
0
Q
How is a deed indexed when it is recorded?
A
A deed is indexed by the names of the parties (grantor and grantee)
1
Q
What three things need to happen in order for a deed to convey title to real property?
A
The deed needs to be –
Executed
Delivered
Accepted
2
Q
What are the 7 things essential for a valid deed?
A
- Grantor competent to convey (no non-emancipated minors)
- Adequate description of the property
- Grantee capable of receiving (not a fictitious person)
- Action clause (granting clause) – “grant,” “transfer,” or “convey”
- Proper description of the parties
- In writing
- Grantor’s signature (executed)
3
Q
Deeds are indexed at the County Recorder’s office by:
(A) legal descriptions; (B) sales price; (C) names of grantor and grantee; (D) tax assessors parcel number.
A
(C) names of grantor and grantee
4
Q
A valid deed may be:
(A) assigned to another grantee; (B) foreclosed by the lender; (C) revoked at a later date by the grantor; (D) signed by an “X.”
A
(D) signed by an “X.”
5
Q
A valid grant deed passes title when the deed is:
(A) notarized; (B) Signed; (C) Delivered; (D) recorded.
A
(D) recorded
6
Q
Does a deed need to be acknowledged in order to be recorded?
A
Yes, a deed must be acknowledged (a declaration before a notary) in order to be recorded.
7
Q
Can an employee of a corporation who is a notary notarize a deed involving the corporation?
A
Yes, as long as they don’t have a personal interest in the subject matter of the transaction.
8
Q
What are four examples of documents that need to be recorded to be effective?
A
- Mechanic’s liens
- Homestead exemptions
- Lis pendens
- Abandonment of homestead
9
Q
What are the two types of notice?
A
Actual and constructive (legal)
10
Q
What are the two implied warranties of a grant deed?
A
- The grantor has not conveyed title to any other person.
- The estate is free from undisclosed encumbrances.
11
Q
Which of the following is not essential to a valid deed?
(A) the parties are competent to convey and capable of receiving title; (B) a granting clause; (C) the deed must be acknowledged; (D) the deed must be in writing.
A
(C) the deed must be acknowledged
12
Q
The recording of a deed gives what kind of notice?
(A) actual notice; (B) positive notice; (C) negative notice; (D) constructive notice.
A
(D) constructive notice
13
Q
Adam sold his home to Tim, but negotiated a two year leaseback and remained in possession. Tim immediately placed the deed he received in a safe deposit box for safe keeping. Adam then sold this same home to Sally. Sally recorded the deed. Who owns the home?
(A) Tim, because he received the first deed; (B) Sally, because she recorded her deed; (C) Adam, because he still has three more deed ready to be sold; (D) Adam, because both sales were improper.
A
(B) Sally, because she recorded her deed
14
Q
How do trust deeds and reconveyance deeds differ from grant deeds?
A
They are loan documents, not deeds.
15
Q
What are the four unities of joint tenancy?
A
Time
Title
Interest
Possession
16
Q
What is the one thing that a joint tenant can’t do?
A
They can’t will their interest to anyone due to right of survivorship.
17
Q
Are the parties of a joint tenancy liable to creditors of a deceased joint tenant who holds unforeclosed liens?
A
No, they are not liable.
18
Q
Can a joint tenant sell their share of the joint tenancy?
A
Yes. The new party becomes a tenant in common, though.
19
Q
Each of the following deeds will contain at least some implied covenants from the grantor, EXCEPT:
(A) grant deed; (B) warranty deed; (C) quitclaim deed; (D) gift deed.
A
(C) quitclaim deed
20
Q
A brother and sister held title to an apartment building as joint tenants. Other than this building, their business and personal affairs were conducted separately. At the time of the brother’s death, he was insolvent and owed creditors substantial unsecured amounts of money. Title to the apartment building would now be held by the sister:
(A) subject to the processes of a probate sale; (B) subject to the claims of the unsecured creditors; (C) free and clear of the debts of the brother; (D) as tenant in common with the creditors of the deceased brother.
A
(C) free and clear of the debts of the brother
21
Q
Which of the following would NOT terminate a joint tenancy between two owners?
(A) foreclosure on one of the joint tenant’s interest; (B) the sale of one joint tenant’s interest; (C) one of the joint tenants deeding his interest to a third party; (D) one joint tenant having a trust deed or mortgage recorded against his or her interest in the property.
A
(D) one joint tenant having a trust deed or mortgage recorded against his or her interest in the property
22
Q
What is the one unity of tenancy in common?
A
Possession
23
Q
Can a tenant in common grant an easement?
A
No, they cannot grant an easement
24
How long does a non-consenting spouse have to void a purchase of real property encumbered by a loan?
1 year
25
When a young couple decided to purchase their first home, they elected to take title as "John and Marsha Buyer, husband and wife." How did they take title?
(A) sole ownership; (B) joint tenants; (C) tenants in common; (D) community property.
(D) community property
26
John and Debbi, husband and wife, own a home as community property. If only one spouse signed a listing contract to sell the property, the listing is:
(A) an enforeable contract; (B) an unenforceable contract; (C) an unbinding contract; (D) a violation of the Statute of Frauds.
(A) an enforeable contract
27
John and Martha, husband and wife, own a home as community property. If only one spouse signed the agreement to sell the property, the agreement is:
(A) an illegal contract; (B) an unenforceable contract; (C) a binding contract; (D) a violation of the Statute of Frauds.
(B) an unenforceable contract
28
What are the four things covered by the standard (CLTA) title insurance policy?
1 - Matters of record
2 - Lack of capacity
3 - Forgery
4 - Defective delivery of deed
29
On May 1, 2011, Dick offered to buy Bob's home. The offer was accepted and escrow opened. Bob purchased the home in 1991, using an FHA loan, on which he is currently making payments. A preliminary title report dated May 9, 2011, will:
(A) include exactly the same information as a future CLTA policy of title insurance issued on the close of the escrow; (B) show a deed of trust with Bob as the trustor; (C) obligate the title company for insurance in an amount equal to the purchase price; (D) show title vested in Dick
(B) show a deed of trust with Bob as the trustor
30
Which of the following items in a preliminary title report would the buyer insist be removed from title before the close of escrow?
(A) CC&Rs; (B) quitclaim deed; (C) mechanic's lien; (D) property tax lien for the upcoming property tax year.
(C) mechanic's lien
31
Which of the following is correct concerning an ALTA title insurance policy?
(A) it protects against a lessee who occupies the property after the date shown on the title insurance policy; (B) the protection is limited to conditions affecting title as of the date of the issuance of the title policy; (C) it protects against encroachments that occur after the date of issuance of the policy; (D) it protects against easements created after the issuance of the title insurance policy.
(B) the protection is limited to conditions affecting title as of the date of the issuance of the title policy
32
Does the standard coverage title insurance policy include a site inspection or a survey?
No, it doesn't.
33
What does the standard coverage title policy NOT protect against?
It does not protect against unrecorded events, such as rights of parties in possession or encroachments.
34
What does the Extended Coverage Policy include?
The protection of a survey and protects against unrecorded events.
35
What are the policy exclusions of both the standard and extented coverage title insurance policy?
- Defects known to the buyer and the seller which are not disclosed to the title company.
- Acts by government (such as zoning, eminent domain, etc.)
36
Does a sales agreement for rural property require a legal description?
Yes, because it usually has no street address.
37
What type of title insurance policy covers everything?
(A) ALTA; (B) extended; (C) standard; (D) no title insurance policy covers everything.
(D) no title insurance policy covers everything.
38
A contract for the sale of rural property requires a:
(A) rural P.O. Box number; (B) parcel number; (C) legal description; (D) amount of acreage.
(C) legal description
39
Reference to a monument in a legal description is usually considered to be less desirable because:
(A) monuments are difficult to describe in writing; (B) monuments may be destroyed; (C) monuments may be hypothecated; (D) monuments may not be mentioned in a recorded document.
(B) monuments may be destroyed
40
What is the method used to describe large pieces of land (desert land, ranch land, and farms)?
Township and section method
41
How many sections are in a township?
36
42
How long is one side of a section?
One mile or 5,280 feet.
43
How many acres are in 1/4 of a section?
160 acres (640 acres total)
44
How many square miles are there in 1/2 a township? (A) 9; (B) 18; (C) 36; (D) 155
(B) 18
45
How long is each side of a 1/4 of a section?
(A) 1/4 mile; (B) 1/2 mile; (C) 3/4 mile; (D) one mile.
(B) 1/2 mile
46
When an easement runs the full length of one side of a section and covers an area of 3 acres, approximately how wide is the easement?
(A) 10 feet; (B) 20 feet; (C) 25 feet; (D) it is impossible to answer.
(C) 25 feet
47
Who regulates the activities of an incorporated broker's escrow activities?
The Department of Corporations (Not the Bureau of Real Estate)
48
When must the buyer receive a structural pest report?
As soon as practical prior to close of escrow.
49
When a termite report calls for preventative repairs, who pays?
The buyer usually pays for the work.
50
How can escrow instructions be changed?
By WRITTEN mutual consent of the buyer and seller.
51
Do escrow instructions need to be recorded?
No, they don't need to be recorded.
52
When a trust deed is sold, the parties often use an escrow in order to:
(A) obey the real estate code; (B) make sure that the terms and conditions are met prior to the closing of the transaction; (C) provide evidence as to the terms of the transaction; (D) provide recourse against the escrow company when there are disputes over the disposition of the deposit.
(B) make sure that the terms and conditions are met prior to the closing of the transaction
53
A real estate broker may escrow a transaction:
(A) if he or she is involved as an agent for the buyer or seller in the transaction being escrowed; (B) whenever he or she is requested to do so by the broker; (C) under no circumstances unless he or she is acting as a principal; (D) only if he or she is incorporated and licensed by the Department of Corporations.
(A) if he or she is involved as an agent for the buyer or seller in the transaction being escrowed
54
Escrow may do which of the following?
(A) act as a mediator when there is a dispute between buyer and seller; (B) change the selling price with the agreement of the buyer and seller; (C) change the terms of the financing with the consent of the seller; (D) decide when the escrow will close without the agreement of the buyer and seller.
(B) change the selling price with the agreement of the buyer and seller
55
Who has the ability to carry out escrow instructions?
Buyers, sellers, and/or third parties
56
What kind of documents can escrow prepare?
Simple, standard documents needed to complete the transaction -- such as a grant deed. Documents necessitating negotiation, like a wraparound trust deed or a lease with an option to buy, must be done by a lawyer.
57
Who can give the buyer permission to move in or make repairs prior to the close of escrow?
The seller ONLY.
58
When a buyer moves in prior to the close of escrow, what should the salesperson have both parties sign?
An Interim Occupancy Agreement
59
In an interim occupancy agreement, what is the relationship between the principals?
Landlord and tenant
60
Escrow can legally prepare which of the following?
(A) a wraparound trust deed; (B) a lease with an option to buy; (C) escrow instructions and grant deed; (C) all of the above.
(C) escrow instructions and grant deed
61
In the purchase of a home, when would a buyer take possession of a property?
(A) midnight of the day of closing of escrow; (B) morning of the day of closing of escrow; (C) at the time agreed upon by the buyer and the seller; (D) when the loan is funded.
(C) at the time agreed upon by the buyer and the seller
62
When the buyer of a home wants to move in before close of escrow, what should the broker do?
(A) deny the buyer permission to move in; (B) grant the buyer permission to move in; (C) make the buyer sign a lease before granting buyer permission to move in; (D) prepare an interim occupancy agreement, and get the seller's consent before allowing the buyer to move in.
(D) prepare an interim occupancy agreement, and get the seller's consent before allowing the buyer to move in
63
Is the purchase price a credit or debit on the buyer's closing statement?
It is a debit.
64
Are prepaid taxes a credit or debit on the seller's closing statement?
Prepaid taxes are a credit for the seller.
65
Will the interest on a loan assumed by a buyer a credit or a debit on the seller's closing statement?
Interest on a loan assumed by a buyer would appear as a debit on the seller's closing statement. Interest on a loan assumed by the buyer WILL NOT BE A DEBIT ON THE BUYER'S CLOSING STATEMENT.
66
Are the debits and the credits on the closing statement supposed to equal for both the buyer and seller?
NO. It CAN BE, but they are both spending and receiving different amounts.
67
What items are prorated during escrow?
- Taxes
- Insurance
- Interest on an assumed loan
- Rent
68
Are title insurance fees prorated in escrow?
No. It is a non-recurring fee.
69
What is it called when a home is sold and the fire insurance is cancelled, creating a refund that is less than received by proration?
A Short Rate Refund
70
Which of the following items would NOT normally be listed as a debit on a buyer's closing statement?
(A) discount points on a new FHA loan; (B) homeowner's insurance premiums; (C) prorations for property taxes; (D) interest on a loan assumed by the buyer.
(D) interest on a loan assumed by the buyer
71
The seller of a home has paid the annual property taxes of $1,380; escrow will close on May 1. If the buyer and seller agree to prorate the property taxes as of the sale date, the buyer's portion of the taxes will be most nearly:
(A) $115, (B) $230, (C) 345, (D) $1,380.
(B) $230
72
When one party agrees to indemnify another for a named loss in return for a periodic payment is called:
(A) insurance; (B) a fidelity bond; (C) performance agreement; (D) none of the above.
(A) insurance
73
What is the limit of the tax rate set by proposition 13?
1% of the purchase price (assessed value, taxable value, full cash value, fair market value) PLUS an amount to cover existing bond debt.
74
A home sold for $210,000. The buyer agreed to a total down payment of $50,000. A new loan from the bank for $130,000. The seller agreed to take back a purchase money second trust deed for the balance of the purchase price. If the Documentary Transfer Tax rate is $.55 per $500 of consideration or fraction thereof, what would be the total Documentary Transfer Tax?
(A) $55; (B) $198; (C) $231; (D) $462.
(C) $231
75
For property taxes, the tax assessment roll, showing the assessed value of property in a county, is used to:
(A) determine the proportionate share paid by each property owner; (B) establish the property tax rate; (C) establish the tax base for the county; (D) equalize the taxes paid by the property owners in that county.
(C) establish the tax base for the county
76
If a property owner believes that the assessed value on his property has been set too high, the owner my file an appeal with the:
(A) County Board of Supervisors; (B) Assessment Appeals Board; (C) Tax Collector; (D) State Board Of Equalization.
(B) Assessment Appeals Board
77
Does the property tax bill use a legal description?
No, it uses an assessor's parcel number.
78
How much of the assessed value is applied to each property that is owner occupied in a Homeowner's Exemption?
$7,000 of assessed value.
79
Who should senior citizens contact to defer payment of property taxes?
The State Controller's Office
80
Does declaring a "declaration of homestead" have any impact on property taxes?
No, it does not.
81
The due date and delinquent date of the second installment of property taxes in California respectively:
(A) November 1 and December 10; (B) July 1 and November 1; (C) February 1 and April 10; (D) January 1 and March 10.
(C) February 1 and April 10
82
Which of the following are property tax exemptions stated in the California law?
(A) single family residence; (B) occupied single family residence; (C) owner occupied single family residence; (D) any of the above.
(C) owner occupied single family residence
83
Which of the following would have the least impact on property taxes?
(A) new development; (B) compacted population density; (C) tax deferment; (D) a recorded homestead.
(D) a recorded homestead
84
What can special assessments NOT be used for?
Construction of homes or to buy land.
85
What was the law that allowed cities, counties and even developers to use special assessments against property to pay for specific local improvements such as streets, walks, curbs, etc.?
The Street Improvement Act of 1911
86
Do assessments appear as lien against the property at the close of escrow?
No. They are usually paid by the seller in escrow.
87
What is a progressive tax?
The higher your income, the higher percentage you pay. The federal income tax is an example.
88
Special assessments levied under the Street Improvement Act of 1911 may be used for any of the following purposes, EXCEPT:
(A) new drainage and sewer systems; (B) to purchase vacant land; (C) build off-site local improvements; (D) improve street lighting.
(B) to purchase vacant land
89
The difference between property taxes and special assessments is that:
(A) assessment liens are always subordinate to property tax liens; (B) assessment liens can only be levied by local improvement districts; (C) foreclosure of assessment liens can only be achieved by court foreclosure; (D) special assessments are levied for the cost of specific local improvements, while property tax revenue goes into the general fund.
(D) special assessments are levied for the cost of specific local improvements, while property tax revenue goes into the general fund
90
The marginal tax rate:
(A) is the total income tax a person must pay; (B) is the minimum income tax rate a person must pay; (C) determines the tax rate applied to the next dollar earned; (D) none of the above.
(C) determines the tax rate applied to the next dollar earned
91
Can the building of a wall be deducted as an expense?
No. This is a capital improvement. It is added to the cost basis when calculating the adjusted cost basis.
92
What are the three benefits of ownership of real estate under Federal Income Tax law?
- Depreciation
- 1031 tax deferred exchanges
- Installment sales
93
What are four residence expenses that may considered allowable to be deducted on income tax?
- property taxes
- interest payments (a prepayment penalty can be an interest expense)
- some uninsured casualty losses
- a debt against a common area (condos only)
94
What can an income property owner deduct?
- Interest
- depreciation
- taxes
- insurance
- management
- maintenance
- utilities
95
What can an income property owner NOT deduct on their income taxes?
Vacancy losses
96
Mr. Smith purchased an apartment building for $180,000. The listed price was $200,000. Mr. Smith considered this a good deal on his part since he only put $18,000 down and acquired a new first trust deed for the difference. The tax assessed value was indicated at $130,000. Mr. Smith's cost basis for income tax purposes would be:
(A) $18,000; (B) $130,000; (C) $180,000; (D) $200,000.
(C) $180,000
97
The term "tax shelter" refers to:
(A) mortgage relief; (B) real property taxes; (C) interest income; (D) income taxes.
(D) income taxes
98
A homeowner sold his personal residence and took a $30,000 loss on the sale. For federal tax purposes:
(A) he may not deduct the loss on the sale of his personal residence from his income tax; (B) 40% of the loss is tax deductible; (C) he can deduct the $30,000 capital loss from any capital gain received during the tax year; (D) $10,000 of the loss is tax deductible.
(A) he may not deduct the loss on the sale of his personal residence from his income tax
99
What is the minimum depreciation period for a commercial building?
39 years
100
What is the minimum depreciation period for a residential income property?
27.5 years
101
Which of the following is true regarding the depreciation of land under federal income tax law?
(A) land may be depreciated by the 125% declining balance method; (B) an owner may deduct the accrued depreciation of land over time; (C) land may be depreciated by the sum of the year digits method; (D) land cannot be depreciated under federal income tax law.
(D) land cannot be depreciated under federal income tax law
102
Tom recently bought a commercial office building. What is the minimum period of time in which he may depreciate the building for federal income tax purposes:
(A) 27.5 years; (B) 39 years; (C) 40 years; (D) 50 years.
(B) 39 years
103
Albertson owns a large apartment complex that he wants to exchange for another property so he will be able to defer paying income taxes in the year of the exchange. He should exchange his apartment complex for:
(A) a personal residence with a loan on it equal to or greater than the mortgage on his apartment complex; (B) a less valuable apartment complex and assume a smaller loan than the mortgage on his current apartment complex; (C) a more valuable apartment complex, assuming a larger loan and paying cash boot to balance the equities; (D) a less valuable apartment complex, receiving money from the other party to compensate for any difference in equities.
(C) a more valuable apartment complex, assuming a larger loan and paying cash boot to balance the equities
104
What is the upside of a sale-leaseback?
An owner of a business could sell the property to an investor and then write off the rent on their income tax as a business expence.
105
The buyer of a commercial building in a sale-leaseback would be LEAST concerned with:
(A) access to transportation for the property; (B) zoning of the property; (C) physical condition of the improvements; (D) the seller's depreciated book value of the improvements.
(D) the seller's depreciated book value of the improvements.
106
A grant deed has been executed once it has been:
(A) signed by the grantor; (B) delivered to escrow; (C) recorded; (D) delivered to the grantee.
(A) signed by the grantor
107
Mr. Johnson executed a grant deed to Mr. Green and recorded it. Later, Mr. Johnson changed his mind and sought to set the conveyance aside, claiming that there had been no delivery to Mr. Green. Why was Mr. Johnson unsuccessful in his effort?
(A) he was unsuccessful only if Mr. Green can prove he also took possession of the property; (B) delivery and acceptance is presumed with recording; (C) the recording validates the deed; (D) recording establishes the priority of lien.
(B) delivery and acceptance is presumed with recording
108
Why are warranty deeds rarely used in California, but commonly used in other states?
(A) the buyer may recover double damages when a grant deed is used; (B) warranty deeds are illegal in california; (C) recourse against a title company works better than trying to collect from a grantor; (D) the law favors the use of the grant deed because the express covenants run with the land, while convenants of the warranty deed are personal to one particular buyer.
(C) recourse against a title company works better than trying to collect from a grantor
109
Who signs a quitclaim deed?
(A) the property owner; (B) the occupant; (C) the seller; (D) the grantor.
(D) the grantor
110
Martha and David, single people, owned a home as joint tenants. Martha borrowed $10,000 to pay medical bills without the knowledge or consent of David. She secured the loan by recording a trust deed against the home. Shortly thereafter, Martha died, with the debt still unpaid. Which of the following best describes the subsequent title vesting?
(A) David and the lender would become tenants in common, each owning a one-half interest in the property; (B) David would own all of the property free and clear of the trust deed; (C) David would receive ownership in severalty, but would still be liable to the lender for the $10,000 trust deed; (D) David and the lender would own the property as joint tenants, each with one-half interest.
(B) David would own all of the property free and clear of the trust deed
111
Concurrent ownership of real property by two or more parties, each of whom has an undivided interest (not necessarily equal) without right of survivorship, would be described as:
(A) community property; (B) joint tennancy; (C) tenancy in common; (D) ownership in severalty.
(C) tenancy in common
112
Which of the following is the most commonly distributed according to the Statute of Succession?
(A) community property; (B) joint tenancy; (C) tenancy in common; (D) separate property.
(D) separate property
113
An uncle bought a home two years ago and purchased a standard title insurance policy. The uncle died and willed the home to his nephew. During probate it was discovered there was a defect in the title to the home because the grantor who sold the home to the uncle had been legally incompetent at the time of the sale. The title company denied any liability under the title policy. The probable outcome of the lawsuit will be:
(A) the title company was liable because its obligation under the policy is not terminated by the death of the uncle; (B) the title company was not liable because the standard title insurance policy does not cover damage resulting form an incompetent grantor; (C) the title company was liable if the nephew filed his lawsuit within one year of the uncle's death; (D) title company was not liable because the death of the policy holder terminated the obligation to defend the title.
(A) the title company was liable because its obligation under the policy is not terminated by the death of the uncle
114
The ALTA policy of title insurance (insuring the lender) goes beyond the protection afforded to the grantee by a CLTA policy in that the ALTA policy also insures against damages caused by:
(A) existing liens and encumbrances as disclosed in public records; (B) the location of property lines; (C) a reconveyance deed issued by a minor; (D) an error in the sequence of recording trust deed loans.
(B) the location of property lines
115
Which of the following is incorrect in regards to a "metes and bounds" discription?
(A) using a watercourse as a boundary; (B) metes and bounds is a method used to legally describe land, not measure it; (C) using a boulder as a boundary; (D) "metes" are boundaries and "bounds" are measurements.
(D) "metes" are boundaries and "bounds" are measurements.
116
A 36 mile square contains how many townships?
(A) 1 township; (B) 6 townships; (C) 18 townships; (D) 36 townships.
(D) 36 townships
117
How long is each side of a square parcel of land containing 160 acres?
(A) 1/4 mile; (B) 1/2 mile; (C) 1 mile; (D) 6 miles.
(B) 1/2 mile
118
In the typical escrow, once all the conditions of the escrow have been satisfied, the escrow officer becomes:
(A) an advisor to both the buyer and the seller; (B) an advocate for the best interests of the principals; (C) a separate agent for each party, whereas during the escrow, the escrow officer is a dual agent for both parties; (D) none of the above.
(C) a separate agent for each party, whereas during the escrow, the escrow officer is a dual agent for both parties
119
A real estae broker placed a deposit received with an offer to purchase the property in his trust account. After the seller accepted the offer, but before escrow was opened, the buyer informed the broker that she had terminated the contract and demanded the return of her deposit. The broker, unsure of what was the proper course of action, turned the deposit over to the court. This would be an example of:
(A) a surrender action; (B) an interpleader action; (C) an equitable assignment; (D) an estoppel deposition.
(B) an interpleader action
120
When examining a properly prepared escrow closing statement, a broker would discover that the purchase price would appear as:
(A) a debit to the buyer; (B) a debit to the seller; (C) a credit to both the buyer and the seller; (D) a credit to the buyer.
(A) a debit to the buyer
121
A property owner who carries the proper amount of fire insurance coverage will be indemnified in the event of loss. In such a case, the insured:
(A) might gain, but definitely will not lose money; (B) should neither lose or gain; (C) might lose, but certainly will not gain; (D) should gain or lose a little.
(B) should neither lose or gain
122
A home sold for $90,750. The buyer assumed an existing $30,000 trust deed and paid for the balance of the purchase price. If the documentary transfer tax rate is $.55 per $500 of consideration, what was the documentary transfer tax?
(A) $33.00; (B) $66.83; (C) $67.10; (D) 100.10.
(C) $67.10
123
For property tax purposes, when is property normally reassessed?
(A) whenever the property is sold; (B) only when the building is remodeled; (C) every year; (D) every three years.
(A) whenever the property is sold
124
Senior citizens may be able to defer the payment of the property taxes on their residence. In order to find out if they qualify for the program, the senior citizen should contact the:
(A) Real Estate Commissioner; (B) State Controller; (C) State Housing Authority; (D) County tax assessor.
(B) State Controller
125
A young couple purchased a home for $200,000. Shortly after moving in they discovered they had a problem. Their dog kept running away because the backyard was not enclosed. "Dog gone!" they exclaimed. They built a wall at a cost of $5,000. For federal income tax purposes:
(A) they have a $5,000 deduction that year from their reported income; (B) the $5,000 expense of building the wall has no impact on federal income taxes; (C) the $5,000 cost of the wall is subtracted from their cost basis in the home; (D) the $5,000 cost of the wall is added to their cost basis in the home.
(D) the $5,000 cost of the wall is added to their cost basis in the home.
126
Who is responsible for the disclosure of Mello Roos bonds against the property?
(A) seller; (B) seller's agent; (C) buyer's agent; (D) both buyer's and seller's agents.
(A) seller
127
A benefit of ownership of real estate under the Federal Income Tax law is:
(A) depreciation; (B) 1031 tax deferred exchange; (C) installment sale; (D) all of the above.
(D) all of the above
128
Debbi recently bought a 10 unit apartment building. What is the minimum period of time in which she may depreciate the building for federal income tax purposes?
(A) 27.5 years; (B) 39 years; (C) 40 years; (D) 50 years.
(A) 27.5 years
129
Laura currently has a freehold estate, which of the following would result in her having a less-than-freehold estate?
(A) leasing her property to a tenant for 5 years; (B) selling the mineral rights to a third party; (C) a sale-leaseback; (D) granting her father a life estate.
(C) a sale-leaseback
130
In a sale-leaseback transaction, the seller does all of the following EXCEPT:
(A) retains possession of the property being sold; (B) guarantees the mortgage payments; (C) receives an infusion of cash; (D) becomes a tenant.
(B) guarantees the mortgage payments
