Exam Questions Flashcards
Which one of the following instruments does NOT transfer an interest in real estate?
A. An option
B. A lease
C. A bill of sale
D. An agreement of sale
A Bill of Sale - A bill of sale is used to convey personal property while a deed is an instrument used to convey real property.
To create an easement by prescription the following must happen:
A. Constant use of the land for the state number of years
B. Open and notorious use of land
C. Hostile and adverse use of the land
D. All of the above
All of the above
Of the following, which are NOT classified as real property?
A. Fixtures
B. Emblements
C. Shrubs planted in the ground
D. Air rights
Emblements
Growing crops such as grapes and corn that are produced annually through labor and industry are deemed to be personal property.
Bob owns a small grocery store. The location is going to be zoned and the zoning will be residential. Bob wants to continue to operate his grocery store. He may apply for:
A. Discrepancy
B. Conditional use
C. Nonconforming use permit
D. Variance
Nonconforming use permit
A structure that is in existence before a new zoning law is enacted may not be in compliance of the new zoning law. The owner may apply for a nonconforming use permit and continue to use the building. The building is said to be “grandfathered” under the nonconforming use permit. The owner of the building may maintain the building but may not enlarge, remodel, or extend the life of the building. A store that was in existence before the neighborhood was rezoned residential would be an example of a “grandfathered” building with a nonconforming use permit.
Mike gave land to the university. Mike will not allow the university to use the land for any sports activities. If the land is used for sports activities, the land will revert to Mike. This is a:
A. Fee simple estate
B. Life estate
C. Defeasible fee estate
D. Estate for years
Defeasible fee estate
In defeasible fee estates, the grantor gives land to the grantee, subject to certain conditions
An instrument which guarantees against defects in title and conveys title is a:
A. Policy of title insurance
B. Chain of title
C. Warranty deed
D. Deed of trust
Warranty deed
The title policy guarantees against defects in title but what makes this the deed is “conveys title.” Deeds convey title.
This estate may be terminated by either party. It has no duration limitation.
A. Estate at will
B. Estate from period to period
C. Estate for years
D. Freehold estate
Estate at will
state at will (also called tenancy at will) gives the right to terminate the lease to both the landlord and the lessee. The termination of the lease is valid provided that prior notice is issued, and a reasonable time is provided for by the party that initiated the lease termination.
What is the notice called when the title transfer of a property is publicly recorded?
A. Appropriate notice
B. Public notice
C. Constructive notice
D. Actual notice
Constructive notice
George hired a general contractor to build an addition to his house. The general contractor failed to pay the electrical subcontractor for work that was subcontracted to him. May the subcontractor secure a mechanic’s lien on George’s house?
A. Yes, because the work was done on George’s property.
B. Yes, because a mechanic’s lien is a general lien that attaches to all property of the contractor.
C. No, because George did not ask for the lien.
D. No, because the lien would attach to real property of the general contractor.
Yes, because the work was done on George’s property.
Subcontractors and suppliers are not in contract with you as the owner, meaning that they cannot sue you for breach of contract. However, they can file a lien on your property in the office of the county clerk.
Tom and Sue are not married. They own a property together. If one of them dies, the other will own the property. They most likely own the property as:
A. Joint tenancy with the right of survivorship
B. Community property
C. Tenancy by the entirety
D. Tenancy in common
Joint tenancy with the right of survivorship
Joint tenancy with the right of survivorship
Which of the following estimates of value is most likely to provide only a rough estimate of the value of the rental property?
A. Cost approach
B. Gross rent multiplier
C. Income approach
D. Market approach
Gross rent multiplier
The gross rent multiplier is computed by taking the sales price of a property and dividing it by the annual rental income. This will give you the GRM.
Of the following, what can’t be assigned?
A. A lease
B. A real estate contract
C. A mortgage
D. A deed
A deed
A deed cannot be assigned. A mortgage can be transferred from the original lender or borrower to a third party. An assignable lease is the saleable remaining portion of a lease that a licensee wishes to sell. A real estate contract assignment cannot be done on all transactions but it can be done.
The period during which site improvements contribute to the value of the property is called the:
A. Economic utility
B. Asset investment life
C. Accrued depreciation period
D. Economic life
Economic life
The period of time during which a structure may reasonably be expected to perform the function for which it was designed or intended. For IRS purposes, the economic life is the time a property is allowed to be depreciated.
Which federal law required lenders to only use licensed or certified appraisers to conduct federally related appraisals over $250,000?
A. RESPA
B. CFPB
C. FIRREA
D. USPAP
FIRREA
In 1989, the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) began requiring that a licensed or certified appraiser be used to do any appraisal in connection with a federally related transaction of $250,000 or above.
A new 4000 sq. ft. home is built in a neighborhood of 1500 sq. ft. homes. The new home suffers from:
A. Functional obsolescence
B. Economic obsolescence
C. Regression
D. Both B and C
Regression
Regression is the principle that states properties with superior improvements or land values are reduced when most properties in the same neighborhood are inferior.
When the listing broker shows the listing to someone and implies that the broker is representing that person, it is:
A. Intentional dual representation
B. Unintended dual representation
C. Universal agency
D. Special representation
Unintended dual representation
Unintended dual representation could occur as the result of implied agency. Implied agency occurs when the unrepresented buyer is led to believe that he or she is being represented.
When the broker is aware of the agency relationship and has disclosed the relationship to all parties to the transaction, it is:
A. Intentional dual representation
B. Unintended dual representation
C. Universal agency
D. Special representation.
Intentional dual representation
In intentional dual representation, the broker is aware of the agency relationship and has disclosed the relationship to all parties to the transaction. He or she is acting as an intermediary with the written permission of both the seller and the buyer. Dual representation is intermediary.
The One to Four Family Residential Contract (Resale) is the form used to make an offer on a property. It becomes the contract when:
A. A lawsuit affects the property.
B. The buyer has signed the form.
C. The offer is made to the seller.
D. All parties have signed.
All parties have signed.
The 6 essential elements to make a contract valid are: Competent parties, legal objective, consideration, offer and acceptance and contract in writing and signed.
Legal action to force the buyer or seller who has breached the contract to carry out the remainder of contract is called a suit:
A. For liquidated damages
B. For specific performance
C. Equal to the agent’s commission
D. For the minimum required to make the contract valid
For specific performance
With specific performance the innocent party may sue the breaching party to carry out the contract. Example: The buyer backs out of the contract a few days before closing. The seller could sue the buyer to force him to buy the property.
When property is sold by means of an installment contract:
A. The seller delivers deed at closing.
B. The buyer is NOT given the right to occupy the property until the
contract terms have been fulfilled.
C. The seller retains title.
D. Time is of the essence.
The seller retains title.
An installment contract is also called a contract for deed. This means that the seller retains title to the property until the buyer pays off the loan.
John and Susan Jones made an offer on a property at 500 Seasons Lane. Right after they made the offer to the seller, a new property came on the market that was perfect for them, so they decided to withdraw their offer on 500 Seasons Lane. The seller had not yet signed or countered the offer. Withdrawing the offer is called:
A. Breach
B. Rescission
C. Voidable
D. Unenforceable
Rescission
In 1993, the legislature created:
A. Buyer’s agency
B. Statutory dual agency
C. Intermediary
D. Subagency
Statutory dual agency
The penalty for the first offense in a complaint filed for fair housing violations is a fine of _____________. A second violation within five years is a fine of__________. A further violation within seven years is ___________.
A. $50,000; $100,000; $250,000
B. $10,000; $25,000; $50,000
C. There is no fine. There is only jail time.
D. None of the above
$10,000; $25,000; $50,000
According to the TREC One to Four Family Residential Contract (Resale), who is responsible for paying the owner’s policy of title insurance fee?
A. The buyer
B. The seller
C. The title company named in the contract.
D. The party stipulated in the contract
The party stipulated in the contract
The title policy can be paid by either party.
When a listing is taken on a property, the listing becomes the property of the:
A. Broker
B. Seller
C. Buyer
D. Salesperson
Broker
John has entered a lease agreement with Anne, the owner of the property at 987 River Bend Road for a one-year term. This is considered to be what type of contract?
A. Executory contract
B. Unilateral contract
C. Option contract
D. Installment contract
Executory contract
An executory contract is a contract that is fulfilled over time, such as a lease agreement.
Property managers have a _______relationship with the owner.
A. Subagency
B. Partnership
C. Non-binding
D. Fiduciary
Fiduciary
Who does the Department of Housing and Urban Development (HUD) turn discrimination complaints over to?
A. The Federal Fair Housing Committee
B. The Texas Workforce Commission Civil Rights Division
C. The Texas Department of Housing and Community Affairs
D. The Texas state licensing organization
The Texas Workforce Commission Civil Rights Division
The process by which land is increased because of the deposit of rock and soil by water is:
A. Accretion
B. Reliction
C. Erosion
D. Avulsion
Accretion
A buyer’s interest in real property, acquired at the moment the seller and the buyer enter into a sales contract, is known as:
A. Legal title
B. Equitable interest
C. Fee simple determinable
D. An option to purchase
Equitable interest
Equitable interest is the buyer’s interest in real property the moment the seller and the buyer enter into a sales contract.
What does CERCLA do?
A. CERCLA allows the Environmental Protection Agency to clean up toxic waste dumps and spills.
B. CERCLA provides insurance for owners with contaminated property.
C. CERCLA gives owners the option of leasing their property.
D. CERCLA requires state agencies to report any nuisances on the property.
CERCLA allows the Environmental Protection Agency to clean up toxic waste dumps and spills.
To qualify as a Texas veteran, which of the following requirements is necessary?
A. Be a resident of Idaho
B. Serve at least 90 days active duty
C. Be dishonorably discharged
D. Be deployed for 2 years overseas
B. Serve at least 90 days active duty