exam 1 practice Flashcards
Fee simple absolute estate would be
the highest interest a person can have in real property or land
An estate is granted to “A” for the life of “X.” “A” dies while “X” is still living. The estate:
Vests in the heirs or devises of “A”
Tyson owns a store building which he leased to Crown for seven years. Crown’s estate in the store building is:
personal property, estate for years, a chattel real
An instrument which usually transfers possession of real property, but does not transfer ownership is:
A sublease
would be considered real property?
A bearing wall in a single-family house.
Personal property can become
real property, hypothecated, aliented
Jones conveyed his ranch to Brown using a land contract. The ranch was serviced by a mutual water company, and Jones was a stockholder in the company. The stock which Jones owned was appurtenant to the land. Does Brown have to enter into a separate contract for the stock of the mutual water company:
No, because the stock was appurtenant to the land and therefore part of the real property and part of the land contract.
The law permits a real estate licensee to act as an agent in the sale of some mobile homes. All of the following acts are grounds for discipline by the Real Estate Commissioner against a real estate salesperson’s license, except:
Selling, as agent, a mobile home which is greater than 8 feet in width and 40 feet in length;
required in joint tenancy ownership of real property:
Equal shares of interest in the property by each of the joint tenants;
When a pest control company discovers no evidence of infestation of termites, but discovers conditions which may lead to such infestation, the cost of correcting such conditions is paid by:
The buyer only if he chooses to have the condition corrected.
To alienate title to property, one:
Conveys title
When real property is sold, a copy of the structural pest control report must be given, if requested, to:
the buyer
Legally and technically, property is defined as:
Rights or interests which a person has in the thing owned;
A deed:
Does not have to be recorded to transfer title.
Of the following types of deeds, which one would contain no warranties, expressed or implied:
A quitclaim deed;
The main purpose of a deed is to:
Evidence the change in title or transfer of an interest in real property;
When a valid grant deed is prepared, title passes when it is:
Delivered
which of the following persons would usually be in the weakest position against loss of property due to a claim of title by an outside person:
The holder of an unrecorded quitclaim deed who does not occupy the property.
An easement could be created for what length of time:
any length of time
The land that is benefitted by an easement is called the:
Dominant tenement;
The requisites of a grant deed when compared to a land contract of sale may differ with respect to:
Interest conveyed; Signatures of the principal parties; Designation of purchase price;
Land that is subject to an easement is said to be
encumbered
Mr. and Mrs. Winters hired the Superb Construction Company to install a swimming pool on their residential premises. In the event the construction company was unpaid and it was necessary for them to file a lien for payment of the contract, the encumbrance created would be:
a specific lien
If there has not been an agreement to the contrary, all of the following would qualify as a negotiable instrument, except
A mortgage securing a promissory note;
A straight note, same term and interest rate, would:
Involve more interest than an installment note;
Which of the following is not a true statement about easements:
An easement in gross is a right in another’s land created for the benefit of adjacent land;
An easement in gross:
Burdens servient land;
Easements are terminated by all of the following, except:
Revocation by the owner of the servient tenement;
A tenant in good standing under a valid five-year lease which makes no mention of assignment or sub-leasing, may legally do which of the following:
May sublease or assign the leasehold to anyone, since the lease made no mention of any restrictions on such action.
A formal declaration, not an oath, that a statement is true or that the declarer will tell the truth is:
An affirmation.
Following proper action by the local authorities, the zoning on a vacant lot was changed from “commercial” to “residential.” Such an action is called:
Down zoning;
A change in a zoning ordinance could be initiated by:
A subdivider/developer; A local government agency; The owner of a property;
The right or power to sell a property in the event of a default under the terms of the trust deed is given by:
Trustor to the trustee.
Agent John has given seller Henry an offer that includes the phrase “All kitchen appliances are to be left with the house and become the personal property of the buyer.” Henry accepts all of the other terms of the offer, but objects to leaving the appliances. John crosses out that item and initials it on the contract on behalf of the buyers. He does this despite the fact that the buyers are on vacation and cannot be consulted about this. Such action would most accurately be classified as:
Unlawful conduct.
When comparing condominiums and rented apartments, which of the following would be true:
The person who occupies each unit would have an estate in real property;
installment notes often include an “or more” clause. Such a clause would:
Allow an accelerated payoff;
When a blanket mortgage is placed upon a property and a “release schedule” is put into the mortgage showing the amount of the loan that must be paid off for each of the lots, those individual amounts would likely be proportionately larger for the first lots that are sold. The reason for this practice is:
To increase the security value of the remaining lots; To compensate for the loss of security as the lots under the blanket encumbrance are removed; To compensate for the loss of security due to the best lots being sold first;
Another name for an estate of inheritance is:
Estate in fee;
An acceleration clause is inserted in a note that is otherwise negotiable. The addition of this clause:
Does not reduce the negotiability of the note;
An “open-end” provision in a mortgage would benefit the borrower the most if he:
Borrowed additional money.
When the term “beneficiary statement” is used by those in real estate finance, it identifies a statement made:
By the lender, as to the current balance due to pay off a real estate loan;
Once a judgment has been obtained against real property, a plaintiff would obtain which of the following in order to cause the property to be sold:
A writ of execution; (forced sale of the property)
Authorization to sell a parcel of real property in the event of a default is given by:
Trustor to trustee;
In order to operate a competitive, yet profitable business, a real estate broker needs to be concerned with “desk cost.” Which of the following most nearly represents the correct way to calculate desk cost:
Divide the total operating expenses of the firm, including salaries, rent, insurance, etc., by the number of salespersons.
When a title company issues a California standard policy of title insurance, the policyholder is insured against loss which occurs because of:
Forgery in the chain of recorded title;
Upon discovering that a salesperson in his office was receiving a referral fee from a local lender for every real estate loan the salesperson referred to the lender, the broker of record in that office took only two actions: He discharged the salesperson, and he warned all other salespersons in the office never to accept such fees. Based only on the foregoing, which of the following is most nearly correct:
Both broker and salesperson may be subject to disciplinary action by the Commissioner.
The listing agent for a residential property can legally complete the entire Real Property Transfer Disclosure Statement:
Under no circumstances;
Broker Davis has had a house listed for sale for nine months without selling it. He knows that the building needs major structural repairs, and he has listed it at 10% above its fair market value. He runs an advertisement in a newspaper that says, “Three bedroom, Victorian. You won’t believe the price! Move right in. Davis - 234-5678.” This advertisement is bad because:
Since Davis knows that the property needs major repairs, it is deceptive and misleading;
If a licensee placed the following ad in a newspaper, which of the following would describe the ad? “Three bedroom, two-bath, pool and spa, large lot – $167,000. 555-1234.”
This is blind advertising.
When a broker receives trust funds and places them in a trust account, which of the following statements is most nearly correct about interest earned on those funds:
The broker may not receive directly or indirectly any interest on trust funds.
considered a violation of fair housing laws in regards to periodic tenancy:
The requirement of a landlord of a co-signer exclusively for tenants who are single;
When renting residential property, the amount of a security deposit which a lessor may legally charge from a lessee is determined in part by which of the following:
Whether the unit is furnished or not;
Among the choices available to an investor, stocks and bonds, when compared with real property, are usually thought to be:
More liquid in the marketplace.
Mike Coogan, a new real estate salesperson, made strong efforts to obtain listings in a non-integrated community. He found success by insinuating to property owners that should minorities move into the area, the value of their homes would decrease. Which of the following terms best describes the activities of Salesperson Coogan:
panic peddling and blockbusting.
A person sold his home and took back a note secured by a purchase money deed of trust. He selected a real estate broker from the telephone book and asked him to service this loan. If the broker takes on this duty, state law requires him to:
Have a written authorization from the holder of the note;
A real estate broker who specializes in selling residential property in a given area may refuse to accept a listing on a property in that area for which of the following reasons:
Because the owner’s required price is substantially above the market price in the area of the residences;
By means of the Federal Fair Housing Law, Congress established a national policy of fair housing throughout the United States. This policy applies to which of the following:
Single-family residences that are individually owned and that are offered for sale through a real estate broker; Single-family residences owned by private individuals who own more than three such residences; All type family dwellings of six units where the owner occupies one of the units;
The mortgage insurance on an FHA loan:
Protects the lender in the event of default;