Final Flashcards
What’s the purpose of an attornment clause in a lease?
It notifies tenants that their lease is still in effect if the building ownership changes.
Under which of the following clauses are the costs of building maintenance over a specified level are passed on to the tenant?
expense stop clause
What consequences might a licensee face from the Department of Real Estate for violating a property management rule?
Their license may be revoked.
When prorating annual HOA fees of $1,500 using the statutory calendar, what’s the daily rate, rounded to the nearest cent?
125 dollars
What entity administers the regulations that govern the conduct of real estate licensees?
Department of Real Estate
The Arizona Department of Real Estate administers the state’s real estate law, including the regulations from the Arizona Administrative Code.
Jameson has just passed his licensing exam, despite the fact that several key pieces of information he learned from his online training were incorrect. “I wonder what rules are used to register these institutions,” he says. What can Jameson do to find out?
He should contact the Arizona Department of Real Estate.
The WQARF uses notices, plans, and an advisory board for each cleanup site to encourage
Community involvement in cleanups
Which of the following statements about Colorado River water is true?
The federal government regulates the distribution of this water.
What is the name of the federal law that sets forth guidelines regarding telephone solicitation?
Telephone Consumer Protection Act of 2003
While at the local hardware store, you run into one of your clients. She is picking out windows to have installed in the home after closing. What is the best advice you can give her?
You tell her that she’ll need a building permit and a licensed contractor to do the work.
why does she need this? look further into it.
Arizona licensed salesperson Andrea has an active license, but in order to perform real estate activities to earn compensation, she’ll also need
To be employed by an employing broker
In the rectangular survey system, what is a base line?
An east-west line used as a reference point
Where can a party that’s reviewing a title commitment find exceptions that aren’t covered by the title insurance policy?
Schedule B-2
Study the whole section about this
Carla Ricardo has been offered her dream job in another state. She asks her current landlord to let her out of her lease early. The landlord agrees to do so, with no strings attached. Carla and her landlord have decided to terminate the contract through
Mutual agreement
In terms of function and purpose, which of the following is most similar to Fannie Mae?
Freddie Mac
review the loans and how they function section.
Through the divorce process, Gail was granted ownership of the couple’s vacation timeshare. Gail is ready to sell the timeshare but discovers that her ex-husband Daniel’s name is still on the deed, creating a cloud on the title. What should Gail do?
Ask Daniel to sign a quitclaim deed to release his ownership share.
What does quitclaim do in this scenario?
look further into it
How many hours of continuing education are active Arizona salespeople required to take?
24 hours
Which of these items wouldn’t be prorated?
A down payment
Select the choice that best translates this clause into plain English. “Upon payment of all sums secured by this Mortgage, Mortgagee shall discharge this Mortgage without cost to Mortgagor. Mortgagor shall pay all costs of recordation, if any.”
When the borrower has fully paid off the loan, the lender will record that the note is satisfied.
What’s depreciation?
A decrease in property value
Under which of the following circumstances would the client and agent most likely mutually agree to terminate a listing?
The agent and client don’t agree on the best way to price, maintain, and market the property.
Buyer Susie’s a little nervous about the $20,000 earnest money check she just deposited with the title company. When should she expect to see this money applied toward her purchase of the property?
When conditions are met at closing
Study the closing process as well please
A property is 50 square yards. How many square feet is this?
450 square feet
One square yard is equal to nine square feet. Fifty square yards is equal to 450 square feet.
what is a single agency?
When a licensee/brokerage firm acts in a fiduciary capacity for either the buyer/tenant or the seller/landlord in a real estate transaction, but not for both
Manuel is selling his home to Selena. He has an existing loan that he’ll continue to make payments on, and he’s extending credit to Selena for the balance of the purchase price. She will make monthly payments to him. What type of financing are the parties using in this transaction?
Wrap-around loan
Study more on the different loans.
Ken, Barbie, and Skipper owned a property as a joint tenancy. When Skipper moved out of state, she sold her interest to Midge. Two years later, Ken died. How is the interest in the property divided?
Barbie owns two-thirds, and Midge owns one-third.
Study about Tenancy
what is a good risk management strategy to maintaining documentation?
Maintain good records as proof of conversations, document delivery, and other related events.
What are the five basic test that courts use to determine whether an item is a fixture or personal property?
What type of investment strategy is most similar to a 1031 tax-deferred exchange?
Rolling over funds from one IRA into another
Arizona licensees are required to abide by ______ laws.
Both Federal and state
Licensees are expected to act within both federal and local laws, including areas like environmental disclosures, federal fair housing requirements, truth in advertising laws, and all the laws laid out in the Arizona Revised Statutes.
After a life estate holder dies and ownership rights have either reverted to the original owner or have been transferred to a remainderman, with what type of estate is the property held?
Fee simple
Broker Joseph tells his client that a property is zoned as residential even though he knows it’s zoned as commercial. This violation is an example of ___
Making a substantial and willful misrepresentation
Ruby’s single-family home in an urban neighborhood was auctioned off at a trustee’s sale. There was also a junior lien on the property for a home equity loan. Will Arizona’s anti-deficiency statutes protect Ruby?
Yes, the statutes protect Ruby because her property meets the requirements for a protected residential property.
Arizona resident Harry receives a notification from his landlord that advises him the late fee for paying rent will increase from $30 to $50 in two months. Is it legal for Harry’s landlord to make this rule change?
Yes, because it does not fundamentally change the lease and gives more than 30 days’ notice.
When you, as an Arizona licensee, cooperate with other brokers in a transaction, what is it called?
Co-brokerage
in what way can office exclusives slow down the sale of the property?
Reduced market exposure
Monica’s business is booming. She’s representing an owner who’s selling a $500,000 home on one side of town, and a buyer who’s purchasing a $300,000 property on the other side of town. As it happens, the seller and buyer both know each other from church and have been talking to others about Monica’s talents, which has brought in several new leads for her to pursue. What type of agency relationship does Monica have with the seller and buyer?
She is each party’s single agent.
Investor Charlie wants to rehab the home he just bought. Under what condition can he NOT use the handyman exemption to do the work?
If he plans to sell or rent the home within one year
Study when a handyman can and can’t be hired.
What information does Schedule B-1 of an ALTA title commitment provide?
Requirements that must be met before a title policy will be issued
With which of the following problems can ADWR help?
Willies wants to know if he has the right to irrigate a piece of land that’s been in his family for generations. It’s in an INA.
What type of measurement is used to describe the size of a two-dimensional shape?
Area
How are mechanic’s liens enforced?
The courts settle liens by priority
The Graysons just closed on their new home. They move in tomorrow. What type of contract do the Graysons have?
Executed
Which of the following strategies would help to make a “Choose Your Neighbor” marketing letter non-discriminatory in its effect?
Listing the property on the MLS
Look further into this.
Which term describes a contract that will stand up in court?
Enforceable
Bethany has agreed to purchase Derrick’s property using a land contract. Who holds legal title to the property during the term of the loan?
Derrick
What deed warranty guarantees that the seller is the actual owner of the property being conveyed?
Covenant of seisin
Why are life insurance companies less concerned with liquidity than long term security of an investment?
They prefer financing larger projects, which inherently have more long-term security.
What’s true of chlorofluorocarbons (CFCs)?
They are nontoxic.
Stu is buying Freddie’s property. What must occur for the transfer of title to take place?
Freddie must intend to convey the property to Stu.
If Arizona licensee Leslie engages in mortgage brokerage as well as real estate activities in the same transaction, she must
Disclose to her client that she’ll be receiving compensation for both services.
What is non-contingent?
Which legal description method is regulated by the U.S. Department of the Interior’s Bureau of Land Management?
Rectangular government survey
Velma accepted Rigli’s offer on her acreage. The offer’s contingent on Rigli’s sale of his current home. She accepted the offer on the condition that she can continue to actively market her property. What’s likely to happen if Velma gets a non-contingent offer on her property?
She’ll give Rigli a set amount of time to remove the contingency (usually 24 hours).
In a planned community, the nonprofit corporation or unincorporated association of owners to which members pay fees is called the
Association
A property owner who wishes to convey property to a new owner will generally use a
Deed
Which of the following is true of an express contract?
It’s stated specifically
An express contract is one that’s stated in specific terms. It may be oral or written.
Marion gave her granddaughter Sheila the deed to a brand new home, on the condition that Sheila complete her PhD in astronautics. When Sheila dropped out of school and got a job as a greeter at a big box store instead, Marion ______ to regain ownership of the property.
Had to take legal action
Harini had a lease with an option to buy on her condo since she wasn’t financially stable enough to purchase the condo when she first signed the lease. Two years later Harini was in great financial shape, but she found out that the owner legally sold the condo to another buyer. Harini has to move out next month. What must have happened?
The option expired.
When a judgment has been awarded to a consumer against a licensee for damages related to a licensee’s actions and the licensee cannot pay those damages, who would file a claim for payment from the Arizona real estate recovery fund?
The wronged consumer
What standards do appraisers follow?
Uniform Standards of Professional Appraisal Practice
Volatile organic compounds can make indoor air quality toxic. Where are VOCs likely to be found?
Air fresheners
Which of the following is NOT something that the commissioner does to educate licensees and the public about relevant real estate topics?
Pocket any profit made from selling educational materials.
How should you respond if your buyer says the following? “We’re looking for a three-bedroom, two-bathroom home. We have young children, so we want to make sure we’re in a good neighborhood—somewhere safe, where we’ll find a lot of good families and neighbor kids that we’d want our children to play with.”
“If you provide me with specific neighborhood names, I can certainly look for homes in those areas. You can learn about the different neighborhoods in the area at neighborhoodscout.com.”
If there’s no state or local building code to cover a specific situation, what code must the builder abide by?
The federal building code
Which entity creates regulations governing real estate activities in Arizona?
Arizona Department of Real Estate
Bailey just graduated from college with a degree in construction management, and he wants to apply for a contractor’s license. Where should he submit his application?
Arizona Registrar of Contractors.
Those who wish to apply for a contractor’s license should submit their application to the Arizona Registrar of Contractors.
Property management firms must keep all clients’ financial records for at least _____ year(s) from the date each document was executed.
Three
Christina purchased a house from Thomas. When did she officially gain ownership of the property?
With the transfer of deed from the seller to the buyer
Marjory is an Arizona salesperson representing a seller on behalf of her employing broker, Leonard. Kenneth is a salesperson representing a buyer on behalf of his employing broker, Jason. Marjory’s listing agreement provides for compensation to the buyer’s agent in the transaction. From whom will Kenneth receive his compensation?
Jason
An unenforceable contract is one that
Won’t stand up in court
Which section of a commitment identifies exceptions to title insurance coverage?
Schedule B-2
What is the 95% rule as it relates to tax-deferred exchanges?
The total value of the property (or properties) being exchanged is at least 95% of the value of the property being sold.
The National Association of REALTORS® Board of Directors enacted MLS Statement 8.0. What’s its more common name?
Clear Cooperation Policy.
Recently, the National Association of REALTORS® Board of Directors passed MLS Statement 8.0, more commonly known as the Clear Cooperation policy.
Which of the following circumstances would qualify someone other than the licensee representing the transaction principal to handle negotiations for a real estate transaction?
The property has been listed by the property owner.
What entity administers the National Flood Insurance Program?
FEMA
Your buyer is worried that after she closes on her property, she’ll find out someone else has a claim to its ownership. What can reassure her?
Title Insurance
Homeowner Lynn is underwater on her home loan and is having difficulty making her monthly payments. Which of these options would allow Lynn to avoid foreclosure, even though she’ll lose her property and will need lender approval?
Deed in lieu of foreclosure or short sale
Keira’s father leaves her some property in a tiny town. When she goes to see it a year or so later, she’s surprised to see that a family lives in one of the property’s outbuildings. All of the neighbors know that this family had been there for the past two years. This is an example of
Open and notorious possession
Investing in capital improvements to a property is one way to stall
Obsolescence
Over how many years is a commercial property depreciated?
39 years
Marvin is facing penalties from the Arizona Registrar of Contractors for contracting without a license outside of the handyman exemption. In addition to facing six months in the county jail, what is the maximum fine he faces for his first offense?
2,500 plus an 83% surcharge
For a first offense, a person who is found to be contracting with a license outside of the handyman exemption faces a penalty of $1,000, plus an 83% surcharge. The maximum penalty is a fine of $2,500 plus an 83% surcharge and six months in jail.
Which of the following is a true statement about the MLS and sellers?
It’s rare for sellers to decline advertising their property on the MLS
In every listing agreement, sellers state whether they give permission for their property to be listed on an MLS. It’s rare that sellers decline this opportunity, since the MLS is the most powerful tool that real estate professionals have at their disposal.
What is a principal meridian?
imaginary line running north and south and intersecting a base line at a definite point,
Administrative agencies like the Arizona Department of Real Estate create regulations that supplement laws. What are these regulations called in Arizona?
Arizona Revised Code
In marketing her new listing, Alice asks the photographer to “touch-up” the photos of the house so that the old roof and siding look as though they are new. Which statement about this is true?
This is deceptive advertising for which both Alice and her broker may be disciplined.
The mortgage industry is made up of the primary and secondary markets. What’s the role of the primary mortgage market?
To originate and fund mortgage loans to consumers
Ginnie’s Aunt Becca listed the old family mansion with Ginnie. Ginnie put it on the market for Becca, but then she and her cousins talked with Becca and decided they wanted to keep the property in the family. What’s the best way to terminate the agreement?
Ginnie and Becca can mutually agree to terminate the agreement.
Latrell purchased an old warehouse with the intent to create shared studio space for artists. However, he didn’t perform due diligence before the purchase, and it turns out that there are hazardous materials that need to be cleaned up first. Latrell took the prior owners to court, and the court ruled that Latrell is responsible for the costs of cleanup. What kind of liability is this?
Strict liability
Study the liablities there is four different ones
Which of the following is a promise from the borrower to repay a certain sum of money to another party (the lender or holder of the note) under specified terms?
Promissory note
Which entity regulates contractor Wayne from Millwork Options?
Arizona Regulator of Contractors
Which of the following entities oversees the Arizona Department of Real Estate?
The Real Estate Commissioner