Florida Real Estate Pre-Licensing State Exam 2022 Flashcards

1
Q

A statutory deed in which the grantor makes no warranties to the grantee about the quality or extent of the title being conveyed is:

a. Special Warranty Deed
b. Bargain and Sale Deed
c. Quitclaim Deed
d. General Warranty Deed

A

c. Quitclaim Deed

A quitclaim deed in Florida does not offer any warranty to the grantee. It conveys whatever interest the grantor has on the property. It is usually used to make corrections or to cure clouds on title. The quitclaim deed does not contain the clause of seizin and uses the words quitclaim, remise and release. The general warranty deed is the deed that conveys title with all guarantees to the grantee.

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2
Q
  1. Although real estate investment offers many advantages to an investor, it has some negative aspects as well. Which of the following is not a characteristic advantage of real estate investment?
    a. Rate of Return
    b. Leverage
    c. Liquidity
    d. Equity Buildup
A

c. Liquidity

Although real estate investment offers many advantages to an investor, it has some negative aspects as well.

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3
Q

When a developer plans for a large project in Florida, studies need to be performed regarding the project’s impact in the community before the city approves it. These studies are summarized in a:

a. Planned Unit Development filing
b. Environmental Impact Statement
c. Special Exceptions Rider
d. Developments of Regional Impact Statement

A

b. Environmental Impact Statement

An Environmental Impact Statement is a summarized report that shows the long term impact of the project on waste-disposal systems, air quality, traffic, the local economy and so forth.

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4
Q

Mark bought a house in an old neighborhood and remodeled it with high-end materials. He even hired a home decorator to give the last touches to it. The house looked beautiful, and Mark was pleased with it. However, a year later his employer offered him a better job in a distant location, and Mark decided to sell the house before relocating. After all, he would make good money on the sale because all the improvements he did to the house, and he will be able to buy in his new location instead of renting. Mark hired realtor Trevor who came by the house and prepared a Comparative Market Analysis for Mark. The results of the report were very disappointing for him because the house has not acquired enough equity to make the profit he imagined.

This is an example of:
a. External Obsolencence
b. Overimprovement
c. Market Conditions
d. Physical Obsolescence

A

b. Overimprovement

An overimprovement occurs when an owner invests more money than what is reasonably expected to recapture. External obsolescence is any loss in value due to changes in the neighborhood or area where the house is located, for example, an active Railtrack, a new speedway and anything that can make the location less desirable by prospective buyers. External obsolescence is incurable because it is out of the control of the property owner. Physical obsolescence is directly related to the condition of the property such as wear and tear, structural issues, defective air conditioning, old roof.

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5
Q

How many acres are there in the N 1/4 of the NE ½ of the SW ¼ and the SE ½ of the NW ¼?
a. 80 acres
b. 20 acres
c. 100 acres
d. 2.5 acres

A

c. 100 acres

To determine the number of acres from the legal description of property, you first must remember that there are 640 acres in one section.

  1. Take the denominators of each fraction in the legal description and multiply them.
          4 x 2 x 4 = 32
  2. Take 640 and divide by results of the multiplication of the denominators
         640 ÷ 32 = 20  acres 

You must remember that if the legal description contains the conjunction “and” this means you need to do two separate transactions and add them at the end to arrive at the correct amount of acres.

  1. Repeat step 1.
       2 x 4 = 8 
  2. Repeat step 2.
     640 ÷ 8 =  80 acres     
  3. Now add the results from steps 2 and 4 to find the total amount of acres.
    20 acres + 80 acres = 100 acres.
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6
Q

All of the following are protections granted by the Florida Constitution to homestead property except:

a. Granting tax exemptions when assessing property taxes.	
b. Granting protection to the family in case of deceased of the titled owner.	
c. Granting protection of the size of homestead in case of Bankruptcy.	
d.Granting protection from enforcing of the vendor's liens.
A

d.Granting protection from enforcing of the vendor’s liens.

Florida allows property owners to homestead their principal residence. The benefits of the homestead are the protection of the family in case the owner on the title dies and the allowance of up to $50,000 in property tax exemption. The Homestead also protects the size of the property (160 acres of contiguous land and improvements outside the city and ½ acre within the city) as well as the protection of personal property (up to $1,000) in case of bankruptcy and to protect from the forced sale to pay for personal debts. Nevertheless, the homestead does not protect from foreclosure if the homestead property is the collateral to a defaulted mortgage loan, neither from unpaid property taxes, special assessments, foreclosure for unpaid condo association fees or homeowners association fees, or vendor and construction liens secured by the property.

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7
Q

The four essential elements of a valid contract are:

  a. The contractual capacity of the parties, Earnest money, Legal purpose, Consideration.	
b. Legal purpose, Consideration, Offer and acceptance, Notarization.	
c. Offer and acceptance, Consideration, Acknowledgment, Contractual capacity of the parties.	
d. Consideration, Offer and acceptance, Contractual capacity of the parties, Legal purpose.
A

d. Consideration, Offer and acceptance, Contractual capacity of the parties, Legal purpose.

For a real estate contract to be legally sufficient in Florida, the parties must be of contractual legal capacity, meaning that they are not mentally disabled and are of legal age to contract. Also, there must be consideration, which means the benefits each party bargains for. There should also be offer and acceptance; both parties need to agree on the terms of the contract voluntarily. The contract also should have a legal purpose, avoiding any illegal provision on it like establishing payments of commissions to parties who are not licensed. There is no legal need to acknowledge or notarize a real estate contract, nor to have earnest money or acknowledgment.

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8
Q

Peter rents an office in a class A building in FL. He pays a monthly amount of $2,500 on an annual lease. The monthly payment includes the use of internet, electricity and cleaning. Peter has a:
a. Net lease
b. Percentage lease
c. All inclusive Lease
d. Gross Lease

A

d. Gross Lease

In a gross lease in Florida, the tenant (lessee) pays a fixed amount that can include the payment for utilities and other related services while the landlord (lessor) pays for insurance, taxes, maintenance, and utilities. The net lease also is known as “triple net,” on the contrary, makes the tenant responsible for expenses of maintenance, utilities, taxes, and insurance. The percentage lease stipulates that the tenant will pay rent based on the gross sales received from his business in the leased property. There is no all-inclusive lease.

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9
Q

A building of 1200 units has currently 348 units for rent. Calculate the building vacancy rate.
a. 33%
b. 71%
c. 29%
d. 41%

A

c. 29%

Calculate the vacancy rate as follows:

The number of vacant units available for rent divided by the total number of units in the building will determine the vacancy rate.

348 vacant units ÷ 1200 units = 0.29 or 29% vacancy rate.

Or you can use the following forumula:

1200 units x R/100 = 348 units

1200 x R/100 = 348

1200 x R = 34,800

R = 29% vacancy rate

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10
Q

In Florida, the priority of mortgage liens is determined by:

a. The date of the closing.	
b. The date of the application for the mortgage loan.	
c. The date of recording.	
d. The date of the loan approval.
A

c. The date of recording.

The priority of a mortgage lien is determined by the date in which the document is registered with Clerk of the Courts in the county in which the property is located. This is also known as the recording date of the document. The date of the application, loan commitment or closing is not relevant.

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11
Q

The Right to Reinstate clause provides for the mortgagor’s right to:
a.Sell or transfer the property without the lender’s prior consent.
b. To stop foreclosure proceedings provided the mortgagor pays all sums that are due.
c. To pay off the loan early without penalty.
d. To receive a deferment of payment for six months in case of a hardship.

A

b. To stop foreclosure proceedings provided the mortgagor pays all sums that are due.

The Right to Reinstate clause provides for the mortgagor’s right to reinstate the original repayment terms in the note after the mortgagee initiated the acceleration clause and provided all sums that are due are paid, including the expenses incurred by the mortgagee to enforce the mortgage. If the mortgagor attempts to sell or transfer the property without the lender’s prior consent, the lender can advance the due date of the debt through the Acceleration Clause. The Prepayment Penalty clause provides for the mortgagor’s ability to pay off the debt before the due date. There is no covenant in the mortgage that allows for deferments of payments on the mortgage.

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12
Q

The two instruments created with a mortgage loan are:
a. The purchase contract and the deed.
b. The promissory note and the mortgage.
c. The closing statement and the mortgage.
d. The general warranty deed and the promissory note.

A

b. The promissory note and the mortgage.

The two instruments created by the origination of a mortgage loan are the promissory note which is the legal instrument that services as evidence of the debt and the mortgage which is the instrument that pledges the property as security for the debt.

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13
Q

Joshua’s father is a real estate investor in Florida. He purchases vacant lots and constructs single-family homes. He has three houses finished that he needs to sell. In the summer, Joshua, who just graduated from high school, was looking for something to do that could bring him some income to save for a car he wanted to buy. The father asked Joshua to help him sell the houses and promised that he would pay him $1,000 for each house sold. Joshua accepted and spent the whole summer doing open houses and trying to find qualified buyers for the houses but without success. At the end of the summer, the houses were still on the market. Under the provisions of Florida Statute 475 this:
a. Is permissible because there’s an exception that allows relatives to sell property as long as the compensation does not exceed $1,000.
b. is a violation of the statute because only a real estate licensee can provide real estate services and receive compensation for it.
c. is a violation of the statute, although only the father violated it because he was the one offering to pay a commision.
d. is not a violation. Neither Joshua nor his father violated the statute because the houses were not sold and therefore no commission was paid.

A

b. is a violation of the statute because only a real estate licensee can provide real estate services and receive compensation for it.

his scenario is a violation of the Florida real estate law because only a real estate licensee can provide real estate services and receive compensation for it. It is a violation of Chapter 475 to provide real estate services to others for compensation of any type if the person providing such services does not hold a current and active real estate license at the time, unless specifically exempted by the law. It is a third-degree felony with a penalty of not more than $5,000 and/or up to five years in jail per offense. There is no exception for relatives or compensation under $1,000. Even though no commission was paid, both father and son violated the statute with their agreement.

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14
Q

A licensee did not disclose that one of his listings had a code violation. As a result, the buyer was affected. This situation is considered:
a. Culpable negligence
b. Material fact
c. Moral Turpitude
d. Fraud

A

d. Fraud

The licensee intentionally deceived the buyer with the purpose of closing the sale and earn his commission. The law prohibits deceptive practices. When a sales associate or broker intentionally omits information that is relevant and material to a transaction, the licensee is guilty of fraudulent and dishonest dealing by trick, scheme or device.

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15
Q

Joan is representing Richard in the sale of his home as a single agent in FL. William, another sales associate in her office, has a buyer who shows interest in visiting the property because it fits his buying criteria. Before Joan can show the property to William and his buyer, which steps does she needs to follow?

a. She needs to find out what is the best time for Richard to allow them in the property.	
b. She needs to obtain the seller's signature on a Consent to Transition to Transaction Broker. Then she can show the property to William and his buyer.	
c. She needs to ask William and his buyer to sign a Consent to Transition to Transaction Broker before they visit the property.
    d. She needs to secure the signature of the seller and the buyer in a Consent to Transition to Transaction Broker before showing the property.
A

d. She needs to secure the signature of the seller and the buyer in a Consent to Transition to Transaction Broker before showing the property.

Joan needs to secure the signature of Richard, her seller, and the signature of William’s buyer in a Consent to Transition to Transaction Broker before showing the property. Florida law prohibits a dual agency. Therefore, in order for a brokerage that has a Single Agent Relationship with a buyer or a seller to assist both parties on a real estate transaction, the licensee must change to a Transaction Brokerage Relationship with the prior written consent of the parties.

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16
Q

Linda Mae is hired by a landlord to rent his property in Florida. She lists the property and advertises it in social media. Immediately she receives a call from a prospective tenant. They are a family of four, from Argentina and want to establish their new residence in the area. Linda Mae makes an appointment and shows the property to the family the next day in the morning. They fall in love with the property and offer to provide their deposit and all their documentation that same day to secure the rent. Linda Mae calls her landlord to give him the good news. The landlord asks about the tenants, and when he finds out that they are Hispanic, he refuses to accept them. As much as Linda Mae tries to persuade him, he refuses to accept those tenants. What should Linda Mae do now?
a. Linda Mae should tell the landlord that his position is discriminatory and violates the Florida Fair Housing Act, therefore if he is not willing to reconsider his position she is withdrawing from the listing.
b. Linda Mae should tell the tenants that the Landlord does not rent to Hispanic families and that she will look for another property for them.
c. Linda Mae should tell the tenants that the landlord withdrew the property from the market because it needs some unexpected repair.
d. Linda Mae should tell the landlord that he must rent to the applicant’s to avoid a law suit.

A

a. Linda Mae should tell the landlord that his position is discriminatory and violates the Florida Fair Housing Act, therefore if he is not willing to reconsider his position she is withdrawing from the listing.

The Florida Fair Housing Act prohibits discriminatory acts based on race, sex, disability, nationality, religion, color, or familial status. Real Estate licensees must ensure there is equal access to housing. Any charge of discrimination is considered valid by HUD unless there is evidence that can refute such charge. In a case of discrimination in which a licensee is involved, the burden of proof is placed on the broker to prove his/her innocence to HUD. Also, the Florida Real Estate Commission might initiate disciplinary proceedings against the licensee.

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17
Q

A homestead property is located outside the city limits in Pasco County, FL. The assessment value of the property is $190,000.00. The city tax rate is 7.8 mills, the county tax rate is 9.8 mills, and the school board’s rate is 5.7 mills. The owner is an army veteran with 10% disability as a result of his service in Iraq. He is also a widower and has qualified and received homestead tax exemption. How much does the owner have to pay for property taxes?

   a. $1,318.10
b. $ 766.65	
c. $1,088.10	
d. $2,227.25
A

d. $2,227.25
To calculate the property taxes, you take the following steps:

  1. You should remember that the school board only recognizes the base exemption of $25,000.00. City and County, on the contrary, recognize the entitlement of the owner to an additional $25,000.00 exemption when the property’s assessed value is greater than $75,000.00.
  2. Figure out Taxable Value for School Taxes

$190,000 assessed value - $25,000 base homestead exemption - $5,000 additional exemption for service disability - $500 widower exemption = $ 159,500.00 taxable value for school taxes.

  1. Figure out Taxable Value for County Taxes

$190,000 assessed value - $50,000 homestead exemption - $5,000 additional exemption for service disability - $500 widower exemption = $134,500 taxable value for county taxes.

  1. Figure out Tax Due

$ 159, 500.00 x .0057 = $ 909.15 school taxes
$ 134, 500.00 x .0098 = $ 1,318.10 county taxes

City taxes do not apply because the property is out of city limits.

$909.15 + $1,318.10 = $2,227.25

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18
Q

Discount points are a loan fee charged by the lender to:

a. Originate the loan
b. Secure the interest rate
c. Lower the interest rate on the loan
d. Qualify the borrowers for the loan

A

c. Lower the interest rate on the loan

The discount points are a fee paid by the borrower or a third party such as the developer to obtain a lower interest rate on a loan. The fee paid to originate the loan is the Origination fee. The fee paid to the secure the interest rate is the lock fee. There is no fee charged to qualify a borrower for a loan.

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19
Q

Marlon is a listing agent that just took a listing that calls for a graduated sales commission structure. The commission is 4% for the first $400,000 of the sale price. 5.5% on the next $100,000 and 7% of the amount over $500,000. What is the total commission if the property sells for $575,000?
a. $21,500.00
b. $23,500.00
c. $25,750.00
d. $26,750.00

A

d. $26,750.00

Calculate the answer as follows:

$400,000 x 4% = $16,000
$100,000 x 5.5% = $5,500.00
$75,000 x 7% = $5,250.00
$16,000 + $5,500 + $5,250.00 = $26,750.00

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20
Q

Real estate licensees provide specialized services to others for compensation. They market their expert information and knowledge in three meaningful areas:
a. Property transfer, maintenance companies, and insurance companies.
b. Property transfer, market conditions, and how to market real estate and businesses.
c. Market conditions, schools in the area, and the population in the area.
d. How to market real estate and businesses, knowledge of termites and mold.

A

b. Property transfer, market conditions, and how to market real estate and businesses.

A competent real estate licensee must know the legal steps and requirements to transfer property and of the conditions that can invalidate a real estate contract. They also need to know the changes in market conditions for sales and leases, the changes in the zoning laws and the building moratoriums. Finally, they need to know the most effective ways to market each of the listings they procure. To be an expert, a licensee does not need to know maintenance or insurance companies, nor be knowledgable on schools and populations of the area; this information would be helpful to the clients but is not determinant to the experience of the agent. An agent should never provide information about mold or termites other than recommending the buyers to seek an inspection to avoid conflicts of interest or misrepresentations.

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21
Q

Falsifying a license application is a:
a. Misdemeanor of second degree
b. Misdemeanor of first degree
c. Felony of the third degree.
d. Disqualification of the candidate from applying for a term of 10 years

A

c. Felony of the third degree.

It is a third-degree felony to falsify information on a license application. The penalty is a fine of not more than $5,000 and/or up to five years in prison.

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22
Q

As part of the license application, the candidates must provide their social security number. This is a requirement of the Florida law to:
a. To determine if the applicant is a US citizen.
b. To determine if the applicant is a legal resident.
c. To determine if the applicant has good credit.
d. To determine if the applicant is in compliance with child support obligations.

A

d. To determine if the applicant is in compliance with child support obligations.

The social security number is required by Florida Law in all professional license applications to determine if the applicant is in compliance with child support obligations. Florida Real Estate law does not require an applicant to be a US citizen or a legal resident of the country nor does it require a credit verification of the applicants.

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23
Q

Stephanie is the broker of record for Happy Realty. She just received notice from one of her agents that there are conflicting demands in a failed sale. Chapter 475, F.S., provides a dispute resolution when there are conflicting demands. What is the period Stephanie has to notify the Florida Real Estate Commission (FREC) of the situation?

A

15 business days

The broker has 15 business days to notify FREC in writing of the conflicting demands. From the time she received the conflicting demands, she has 30 business days to implement one of the four settlement procedures.

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24
Q

Henry is a successful real estate agent who does not have enough time to handle his client base. He just thought of a solution that would help him improve his service, hire a personal assistant. The assistant will take over some time-consuming tasks. However, he needs to be careful because if he hires an unlicensed assistant this person could only perform those activities approved by FREC. What would the unlicensed personal assistant be allowed to do?

A

Assemble documents for closing

An unlicensed personal assistant is not allowed to show property, he cannot perform walkthrus neither can he answer questions regarding a listing unless he is reading this information on a written flyer or other document approved by the licensee. Other clerical tasks, such as assembling documents for closing, having keys made for company listings, ordering inspections and gathering information for comparative market analysis are allowed by FREC.

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25
Q

The powers and duties of the FREC include three important areas, the executive powers, the quasi-legislative and the quasi-judicial powers. What is NOT a responsibility of the quasi-judicial powers of the FREC?

A

Dictate sentence for criminal violations of Chapter 475.

FREC, under its quasi-judicial responsibility, makes determinations of violations, imposes administrative penalties such as fines, carrys out suspension and revocation of licenses and also grants or denies applications. But in the cases of criminal violations of the law, its responsibility is only to report such violations to the state’s attorney.

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26
Q

Which of the following statements is true regarding a mortgage loan originator (MLO)?

a. A mortgage loan originator makes loans.
b. A mortgage loan originator must have a real estate license.
c. A mortgage loan originator is the same as a broker.
d. A mortgage loan originator must have a seperate license.

A

d. A mortgage loan originator must have a seperate license.

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27
Q

A real estate appraiser’s fee for professional service is based on which of the following?

a. A percentage of the fair market value of the property.
b. A percentage of the property’s sales price.
c. The time and difficulty of the appraisal.
d. A percentage of the property’s gross income.

A

c. The time and difficulty of the appraisal.

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28
Q

Which of the following best describes the real estate brokerage business?

a. Construction business
b. Service business
c. Business with few opportunities available
d. Simple business

A

b. Service business

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29
Q

All of the following are resposibilities of a property manager, EXEPT:

a. Renting property for an absentee owner.
b.Overseeing maintenance.
c. Collecting rent.
d. Preparing leases.

A

d. Preparing leases.

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30
Q

What does the term ‘farming” refer to in real estate?

a. Specializing in agricultural properties
b. Specializing in the sales of orange groves or cattle farms
c. Specializing in one geographic area
d. Working in a coopertive manner

A

c. Specializing in one geographic area

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31
Q

Which insurance policies can a real estate licensee offer to the public without additional state licensing?

a. Renter’s insurance
b. None of the above
c. Fire insurance
d. Flood insurance

A

b. None of the above

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32
Q

What is the purpose of the National Association of REALTORS?

a. Organize anti govornment activities
b. Promote unethical practice of real estate professionals.
c. Promote ethical practice of real estate professionals.
d. Preserve the right of individuals to own real property
through an exchange of information.

A

d. Preserve the right of individuals to own real property
through an exchange of information.

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33
Q

What does the designation of REALTOR signify?

a. Anyone in possession of a real estate license is a
REALTOR®
b. The designation identifies the real estate professional
as a member of the NAR.
c. The designation is evidence that the licensee has an
extensive background in the real estate profession.
d. The designation is evidence that the licensee has
completed extensive real estate studies.

A

b. The designation identifies the real estate professional
as a member of the NAR.

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34
Q

A developer contracts to build a home according to the buyer’s specifications. This is an examplen of which type of building?

a. Tract
b. Custom
c. Speculative
d. Subdivision

A

b. custom

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35
Q

Which of the following best describes licensees who are involved in business brokerage?

a.They must be able to analyze financial statements and
understand balance sheets.
b. They are not required to know much about the business
they are selling.
c. They must have a separate license.
d. They never become involved in the tax aspects of the
business.

A

a.They must be able to analyze financial statements and
understand balance sheets.

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36
Q

Real estate licensees are required to be knowledgeable in all of the following areas, EXCEPT:

a. Marketing
b. Valuation
c. Property transfer
d. Accounting

A

d. Accounting

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37
Q

Which service provided by real estate licensees requires the most experience and knowledge?

a. Property management
b. Counseling
c. Appraising
d. Agricultural sales

A

b. Counseling

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38
Q

An appraiser who is registered, licensed, or certified under F.S. 475, Part II, must be utilized in which of the following?

a. All appraisals
b. The appraisal of residential property
c. The appraisal of nonresidential property
d. Federally-related transactions

A

d. Federally-related transactions

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39
Q

When a developer completes construction of a new subdivision, all streets, electric, water, and sewer installation are finished and deeded to the city or county. What is this process called?

a. A quit claim deed
b. An easement
c. Dedication
d. Annexation

A

c. Dedication

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40
Q

Which of the following assignments would be acceptable for a Florida real estate licensee who does not represent themselves as an appraiser, and follows the Uniform Standards of Professional Appraisal Practice (USPAP)?

a. An assignment to give an estimate of value for an
attorney in a divorce case.
b. An assignment to appraise a single family home for a
VA loan.
c. An assignment to value a condominium for an FHA loan.
d. An assignment to appraise a time share unit for which a
loan is being obtained from a Federally insured
institution.

A

a. An assignment to give an estimate of value for an
attorney in a divorce case.

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41
Q

. The Florida Real Estate Commission was first created in what year?

a. 1932
b. 1925
c. 1923
d. 1919

A

b. 1925

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42
Q

A sales associate failed to complete the required post-license education prior to their renewal
deadline. What is the status of the sales associate’s license?

a. Revoked
b. Suspended
c. Involuntarily inactive
d. Void

A

d. Void

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43
Q

Which statement correctly applies to an actively licensed attorney who is a member in good standing with the Florida Bar?

a. The attorney may charge commissions in connection
with real estate activities.
b. The attorney is exempt from biennial 14-hour continuing
education requirements to maintain a real estate
license.
c. The attorney is not allowed to simultaneously hold a real
estate license.
d. The attorney may be licensed as a real estate broker,
but not as a sales associate.

A

b. The attorney is exempt from biennial 14-hour continuing
education requirements to maintain a real estate license.

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44
Q

What is a broker associate?

a. A broker who employs one or more sales associates
b. A sales associate
c. A broker who is employed as a sales associate
d. A sales associate who is employed as a broker

A

c. A broker who is employed as a sales associate

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45
Q

Which statement is correct concerning an applicant whose real estate application was denied by
the Department of Business and Professional Regulation?

a. The denial is final and no appeal may be taken by the
applicant.
b. An appeal may be filed with the District Court of Appeal
within 90 days.
c. The Department is not required to inform the applicant
of the reason for the denial.
d. The applicant must be notified in writing of the reason
for the denial and advised of the right to request a
formal hearing.

A

d. The applicant must be notified in writing of the reason
for the denial and advised of the right to request a formal hearing.

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46
Q

A licensed sales associate wishes to work for Broker A during the week, and works in a different
town with Broker B on the weekend. Which statement best describes this situation?

a. This is legal if the sales associate has a group license.
b. This is legal if the brokers have multiple licenses.
c. This is a violation of FS 475.
d. This is legal, provided that the sales associate is an
independent contractor, not an employee of the brokers.

A

c. This is a violation of FS 475.

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47
Q

An active Florida licensee decides to move to North Carolina, but wishes to keep her Florida
license active and continue to practice real estate in Florida. Which of the following best
describes this situation?

a. The licensee must be located in Florida to sell real
estate in Florida.
b. The licensee must be a broker to sell real estate in
Florida if she is located outside of Florida.
c. The licensee must obtain a North Carolina real estate
license.
d. The licensee must notify the Department of her change
of address, and continue to comply with all Florida
regulations.

A

d. The licensee must notify the Department of her change
of address, and continue to comply with all Florida
regulations.

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48
Q

Which of the following statements is correct regarding a broker’s authority to act on behalf of the principal?

a. A broker can refuse offers on behalf of the principal.
b. A broker can buy the listed property without consent of
the principal.
c. A broker must follow all legal instructions of the principal
or withdraw.
d. A broker must ignore the instructions of a principal when
the instructions are not in the best
interests of the principal.

A

c. A broker must follow all legal instructions of the principal
or withdraw.

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49
Q

Broker Tom sold a property which was listed with broker Alice.

Tom was unable to attend the closing, so Alice collected the entire commission.

Alice refused to pay Tom his share of the commission.

What could Alice be charged with?

a. Failure to account
b. Collecting an overage
c. Commingling
d. Fraud

A

a. Failure to account

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50
Q

A real estate licensee who is working with a seller receives a call from another broker stating
that, “I am representing a buyer as the buyer’s broker. I’m standing in front of one of your listed
properties with my buyer. “What can the licensee infer from this conversation?

a. The licensee is rquired to collect the No Brokerage
Relationship Discosure prior to giving any information
to the broker.
b. The agent who is calling is in a single agency
relationship.
c. The buyer’s broker must first contact the listing broker
for permission to enter into this relationship.
d. Unless the licensee is a single agent for the seller, the
licensee should stay away from this
transaction.

A

b. The agent who is calling is in a single agency
relationship.

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51
Q

Which brokerage relationship status includes a full fiduciary relationship?

a. Single Agency
b. Transaction Broker
c. Dual Agency
d. Nonrepresentation (no brokerage relationship)

A

a. Single Agency

52
Q

. Six individuals decide to form a real estate brokerage partnership. All six individuals are planning
to be active in real estate sales. Which statement best applies?

a. The partnership must be registered with the
Commission, and all six partners must be active
real estate brokers.
b. At least one partner must be licensed as an active
broker.
c. Only two partners must have a real estate license.
d. A partnership cannot be formed as a brokerage
business.

A

a. The partnership must be registered with the
Commission, and all six partners must be active
real estate brokers.

53
Q

All of the following business formations can register to conduct real estate transactions, EXCEPT:

a. Corporation for profit
b. Not-for-profit Corporation
c. Corporation sole
d. Limited partnership

A

c. Corporation sole

54
Q

A real estate brokerage firm advertises a listed property. Which requirement is correct?

a. The name of at least one sales associate must be
included in the ad
b. The name of the brokerage must be included in the ad.
c. The ad may not be prepared by sales associate.
d. The names of sales associates may not be included in
the ad.

A

b. The name of the brokerage must be included in the ad.

55
Q

A buyer drops off an escrow check on Tuesday. To avoid any trouble with FREC, the broker must deposit the check by close of business on which day?

a. The following Monday.
b. Wednesday
c. Thursday.
d. Friday.

A

d. Friday.

56
Q

There is a dispute over an escrow deposit. The parties agree to have a 3rd party hear both sides and make the final decision. What settlement (escape) procedure is being used to settle the dispute?

a. Mediation
b. Arbitration
c. Interpleader
d. Escrow Disbursement Order

A

b. Arbitration

57
Q

What is the purpose of the FREC disciplinary guidelines?

a. To extend the meaning of the law
b. To specify and implement the law
c. To give new meaning to the law
d. To give licensees notice of the range of penalties that
normally will be imposed for violation of a law or rule

A

d. To give licensees notice of the range of penalties that
normally will be imposed for violation of a law or rule

58
Q

The range of penalties that may be imposed on a licensee by the Commission for violation of law
or rules includes which of the following?

a. Denial, reprimand, fine, probation, suspension and
revocation
b. Imprisonment only
c. A fine and imprisonment only
d. A fine, reprimand, denial, suspension, revocation and
imprisonment

A

a. Denial, reprimand, fine, probation, suspension and
revocation

59
Q

What must an unlicensed individual do when ordered to appear before the DBPR?

a. Nothing; the DBPR has no jurisdiction over unlicensed
persons
b. Appear
c. File an appeal
d. Bring an attorney

A

b. Appear

60
Q

When asked about the size of a home, the sales associate quoted the home as containing 5,300
square feet of living area. In reality the home was only 4,300 square feet. This is an example of
which fraudulent activity?

a. Exaggeration
b. Misrepresentation
c. Failure to account
d. Concealment

A

b. Misrepresentation

61
Q

A buyer has agreed to purchase the seller’s home. The contract calls for a deposit of $10,000, to
be placed in the broker’s escrow account.

The sales associate forgets to collect the deposit. The
sale falls through and the seller is claiming the uncollected deposit as liquidated damages.

What will the sales associate likely be charged with?

a. Nothing. It is the broker’s responsibility to maintain the
escrow account
b. Misrepresentation
c. Culpable negligence
d. Failure to account and deliver

A

c. Culpable negligence

62
Q

Complete the statement. To be enforceable, a lease longer than one year ________.
a. can be oral if witnessed by two people.
b. does not have to conform to the Statute of Frauds.
c. must be in writing, signed by the landlord and witnessed
by two persons.
d. does not have to be witnessed.

A

c. must be in writing, signed by the landlord and witnessed
by two persons.

63
Q

Under the Florida Residential Landlord and Tenant Act, a landlord is required to do all of the following, EXCEPT:

a. Bargain in good faith
b. Provide maintenance sufficient to comply with code
c. Notify tenants within 30 days of the manner in which
security deposits and advance rents are being held
d. Deposit advance rent and security deposits in an
interest-bearing account

A

d. Deposit advance rent and security deposits in an
interest-bearing account

64
Q

A five-year lease of a 10,000-square-foot warehouse prohibits assignment.

After two years the tenant is unable to continue with the full rent payments and arranges with another tenant to take over one-half of the space and pay one-half of the rent for the remaining term.

What is this arrangement called?

a. A violation of the terms of the lease
b. A sublease
c. A violation of Statute 83
d. Illegal.

A

b. A sublease

65
Q

What is the maximum fine that may be imposed for a first time violation of the Florida Fair Housing Act?
a. $5,000
b. $10,000
c. $25,000
d. $50,000

A

b. $10,000

66
Q

All of the following are correct regarding the Americans With Disabilities Act (ADA), EXCEPT?

a. Owners must make all accessibility modifications with
no regard to the cost of improvement.
b. ADA is intended to eliminate barriers that limit access to
persons with disabilities.
c. ADA mandates certain design specifications for
accessibility.
d. Owners of property open to the public may be required
to remove barriers to accessibility.

A

a. Owners must make all accessibility modifications with
no regard to the cost of improvement.

67
Q

Often a commercial lease requires the tenant to pay the rent, plus also separately pay taxes,insurance, and maintenance.

This is know as a:

a. Net Lease
b. Gross Lease
c. Percentage Lease
d. Graduated Payment Lease

A

a. Net Lease

68
Q

All of the following estates include legal title to real property, EXCEPT:

a. Tenancy for years
b. Fee simple estate
c. Life estate
d. Tenancy by the entireties

A

a. Tenancy for years

69
Q

What does the bundle of rights in real property include?
a. Destruction, use, and extinction
b. Destruction, use, and enjoyment
c. Use, expatriation, and enjoyment
d. Disposition, use, and exclusion

A

d. Disposition, use, and exclusion

70
Q

Four partners purchase a property together, at the same time, and on the same deed, without the right of survivorship.

What type of estate have they formed?

a. Non-freehold tenancy.
b. Tenancy in common.
c. Joint tenancy.
d. Tenancy for years.

A

b. Tenancy in common.

71
Q

What is the purpose of the Florida Homestead protection?

a. Provide protection of the Homestead property from the
debts of an improvident breadwinner.
b. Provide a tax exemption to anyone living in Florida.
c. Provide protection from any and all debts that may be
incurred against the homeowner.
d. Provide protection from all specific liens that may be
incurred by the homeowner.

A

a. Provide protection of the Homestead property from the
debts of an improvident breadwinner.

72
Q

A husband and wife purchase a home together, at the same time, on the same deed.

What type of tenancy has been formed?

a. Life Tenancy
b. Joint Tenancy
c. Tenancy by the Entireties
d. Tenancy in Common

A

c. Tenancy by the Entireties

73
Q

Which instrument transfers title from one individual to another?

a. Contract
b. Deed
c. Warranty
d. Covenant

A

b. Deed

74
Q

What does the term title refer to in real estate?

a. Any instrument that guarantees legal rights
b. A legal instrument that transfers property from one party
to another
c. Ownership
d. A piece of bond paper

A

c. Ownership

75
Q

Which clause in a deed states the interest that is being conveyed?

a. Habendum
b. Reddendum
c. Release
d. Seizing

A

a. Habendum

76
Q

Which of the following is required to obtain title by adverse possession?

a. Possession of the property for one month
b. Paying taxes on the property for two years
c. Notorious, open, hostile, adverse and exclusive
possession of the property for seven or more
consecutive years
d. Open and continuous use for 20 or more years

A

c. Notorious, open, hostile, adverse and exclusive
possession of the property for seven or more
consecutive years

77
Q

What type of lease, that is often a commercial lease, requires the tenant to pay the rent, plus also separately pay taxes, insurance, and maintenance?

a. Net Lease
b. Gross Lease
c. Percentage Lease
d. Graduated Payment Lease

A

a. Net Lease

78
Q

Which condition correctly describes the requirement for a lease longer than one year to be enforceable?

a. It is oral and witnessed by two people.
b. The Statute of Frauds does not apply to leases.
c. It is in writing, signed by the landlord, and witnessed by
two persons.
d. Witnesses are not required.

A

c. It is in writing, signed by the landlord, and witnessed by
two persons.

79
Q

Which of the following best describes a contract?

a. A written instrument
b. Legally binding
c. Void unless accompanied by earnest money
d. Always bilateral

A

b. Legally binding

80
Q

What is the term used to describe the party who receives an offer?

a. Offeree
b. Offeror
c. Optionor
d. Optionee

A

a. Offeree

81
Q

Which of the following establishes the time period for enforcement of a contract?

a. Statute of Frauds
b. Statute of Limitations
c. Real estate license law
d. State courts

A

a. Statute of Limitations

82
Q

A buyer negotiates a contract to purchase property, takes possession and pays the property purchase price in installments, but does not receive the legal title until the full purchase price has been paid.

What is this agreement called?

a. An obvious attempt to defraud the buyer
b. A lease-option
c. A violation of the Statute of Frauds
d. An installment contract, contract for deed, or land
contract

A

d. An installment contract, contract for deed, or land
contract

83
Q

What is the term used to describe the consideration given by a buyer to indicate serious intent
to buy a property?

a. An earnest money deposit
b. A check deposit
c. Legal tender
d. A boot deposit

A

a. An earnest money deposit

84
Q

Which document is a real estate broker NOT legally allowed to prepare?

a. Purchase and sale contract
b. Listing
c. Lease
d. Option

A

c. Lease

85
Q

. When the court determines that a contract existed due to the actions of the parties, the contract is referred to as:

a. a formal contract.
b. an oral contract.
c. a parol contract.
d. an implied contract

A

d. an implied contract

86
Q

Complete the statement. An option contract is a unilateral contract, binding upon the:

a. buyer.
b. grantee.
c. optionor.
d. optionee.

A

c. optionor.

87
Q

Which of the following list of actions contain ways that a contract could be terminated?

a. Performance, Rejection of the offer, or Renunciation
b. Breach, Performance, or Lapse of time
c. Assignment, Abandonment, or Breach
d. Consideration, Performance, or Revocation

A

b. Breach, Performance, or Lapse of time

88
Q

Which legal instrument evidences the debt and states the interest rate, term, payment
requirement, and other information related to the loan?

a. Promissory note
b. Contract
c. Lien
d. Mortgage

A

a. Promissory note

89
Q

What is the function of a mortgage?

a. It conveys title to real property.
b. It secures the repayment of the debt.
c. It creates a personal pledge to repay a loan.
d. It creates a lien on the mortgagee’s property.

A

b. It secures the repayment of the debt.

90
Q

When financing the purchase of real estate, what is the role of the mortgagor?

a. The mortgagor gives a mortgage to a mortgagee.
b. The mortgagor takes a mortgage from a mortgagee.
c. The mortgagor gives a mortgage to a borrower.
d. The mortgagor takes a mortgage from a lender.

A

a. The mortgagor gives a mortgage to a mortgagee.

91
Q

Which clause in a mortgage requires the lender to acknowledge performance by the borrower?

a. Estoppel
b. Acceleration
c. Defeasance
d. Release

A

c. Defeasance

92
Q

What is the purpose of a receivership clause in a mortgage?

a. It is used to protect the value of property during the
foreclosure process.
b. It conveys ownership to mortgaged property to the
rightful heirs of a decedent.
c. It allows an owner to charge rent when a property is
mortgaged.
d. It specifies the party entitled to ownership of mortgaged
property when a loan has been
fully paid

A

a. It is used to protect the value of property during the
foreclosure process.

93
Q

A borrower has applied for a loan. The purchase price of the property is $280,000. If the
borrower has $70,000 as a down payment, what is the loan-to-value ratio?

a. 25%
b. 33%
c. 66%
d. 75%

A

d. 75%

94
Q

Where would information such as the loan amount, interest rate, term of the loan, and
responsible parties be found?

a. Sales contract
b. Mortgage deed
c. Mortgage
d. Promissory note

A

d. Promissory note

95
Q

Which would offer a potential borrower the most favorable interest rate over the life of the
loan?

a. 4.0% plus 8 points
b. 4.5% plus 6 points
c. 4.75% plus 4 points
d. 5% plus 2 points

A

a. 4.0% plus 8 points

96
Q

Which statement best describes a short sale?

a. A real estate transaction that closes in under 30 days.
b. A settlement agreement where the lender agrees to a
sales price that is below the outstanding loan balance.
c. A real estate transaction where the seller agrees to
assist the buyer by taking a second mortgage.
d. A transaction that does not close due to a buyer’s
shortage of funds at closing

A

b. A settlement agreement where the lender agrees to a
sales price that is below the outstanding loan balance.

97
Q

Prior to deregulation of the banking industry in the 1980s, which institutions were dominant in providing funds for the purchase of single-family residences?

a. Commercial banks
b. Saving associations
c. The FHA
d. Mortgage bankers

A

b. Saving associations

98
Q

What will be the effect if the Federal Reserve Board decides to purchase government securities in the open market?

a. The money supply will decrease and interest rates will
increase.
b. The money supply will increase and interest rates will
decrease.
c. The amount of money that member banks may use for
loan purposes will be limited, thereby causing interest
rates to increase.
d. A tight money market will be created.

A

b. The money supply will increase and interest rates will
decrease.

99
Q

Interest rates for Federal Housing Administration mortgages are determined by which of the
following?

a. The market
b. FHA
c. The government
d. The Congress

A

a. The market

100
Q

What is the purpose of the closing statement?

a. To summarize the financial aspects of a real estate
transaction.
b. To determine the purchase price of the property.
c. To determine which party pays the brokerage
commission.
d. To report income to the Internal Revenue Service.

A

a. To summarize the financial aspects of a real estate
transaction.

101
Q

What document stipulates which party pays which expense in a closing?

a. Listing agreement
b. Purchase and sale contract
c.Deed
d. Mortgage

A

b. Purchase and sale contract

102
Q

Who is paid the balance due from the buyer that is shown on the closing statement?

a. The seller
b. The mortgagee
c. The broker
d. The closing agent

A

d. The closing agent

103
Q

Complete the statement. When determining proration’s on a closing statement, the day of closing:

a. belongs to the closing agent.
b. is determined by agreement.
c. is the responsibility of the seller.
d. is charged to the buyer.

A

b. is determined by agreement.

104
Q

If a Broward County property sold for $102,750, what must be paid for the documentary stamp
tax on the deed?

a. $616.20
b. $616.80
c. $718.90
d. $719.60

A

d. $719.60

105
Q

A Palm Beach County property is being sold for $98,350 and the buyer is taking title subject to an existing mortgage in the amount of $61,220. What is the total amount of taxes due in this
transaction?

a. $214.55
b. $688.10
c. $688.80
d. $903.35

A

c. $688.80

106
Q

Real estate taxes in a transaction are $1,034. If a closing is to take place on April 16, with the day of closing belonging to the seller and the 365-day method is used, what is the amount of the proration and how is it handled?

a. Debit the seller and credit the buyer $297.45
b. Debit the seller and credit the buyer $300.28
c. Debit the buyer and credit the seller $287.45
d. Debit the buyer and credit the seller $300.28

A

b. Debit the seller and credit the buyer $300.28

107
Q

Which of the following statements regarding abstract continuation and title insurance in a real
estate closing is correct?

a. Providing clear title is generally the responsibility of the
buyer.
b. The seller normally pays for title insurance.
c. The seller can require that the buyer use a specific title
company even if the buyer is paying for title insurance.
d. The seller can provide either an abstract of title or title
insurance as evidence of merchantable or marketable
title.

A

d. The seller can provide either an abstract of title or title
insurance as evidence of merchantable or marketable
title.

108
Q

Which tax will not be required in a transaction where the purchaser assumes an existing mortgage?

a. Stamp tax on the deed
b. Note Tax
c. Stamp tax on the deed and on the note
d. Intangible Tax

A

d. Intangible Tax

109
Q

Which of the following best describes the free enterprise system?

a. A market system
b. A centralized system
c. A socialist system
d. A communist system

A

a. A market system

110
Q

How does the real estate market react to shifts in consumer demand?

a. Rapidly
b. Slowly
c. Not at all
d. Through changes in zoning laws

A

b. Slowly

111
Q

. In which condition does market equilibrium theoretically exist?

a. When supply exceeds demand
b. When demand exceeds supply
c. When costs and prices stabilize
d. When supply and demand are in balance

A

d. When supply and demand are in balance

112
Q

Which of the following might be indicated if a neighborhood appears to have an abundance of
“For Sale” signs and an unusually high number of rentals available?

a. Neighborhood growth is continuing
b. A period of revitalization has begun
c. The neighborhood has entered a period of stability
d. Decline in the neighborhood may be indicated

A

d. Decline in the neighborhood may be indicated

113
Q

What type of value does an appraiser most commonly estimate?

a. Book
b. Market
c. Insurable
d. Condemnation

A

b. Market

114
Q

All of the following methods may be used to estimate replacement/reproduction cost, EXCEPT:

a. Quantity survey
b. Economic age-life
c. Unit-in-place
d. Comparative unit

A

b. Economic age-life

115
Q

An appraiser is appraising a three-bedroom home that has only one bathroom.

The standard for the neighborhood is two bathrooms.

From an analysis of the market, the appraiser believes a bathroom contributes $4,000 to the value of a home.

If a comparable property having three bedrooms and two baths recently sold for $126,000, and is similar in all other respects to the subject property, what value should be estimated for the subject property?

a. $118,000
b. $122,000
c. $126,000
d. $130,000

A

b. $122,000

116
Q

Why is the process of real estate investment analysis important to an investor?

a. It helps an investor select properties that meet personal
objectives.
b. It determines the amount of taxes due on income-
producing property.
c. It determines the exact cash flow from an investment
property.
d. It makes possible the best use for a property based on
zoning.

A

a. It helps an investor select properties that meet personal
objectives.

117
Q

What type of risk is caused by changes in general business conditions?

a. Dynamic
b. Operating
c. Capital
d. Static

A

a. Dynamic

118
Q

Which document most closely resembles a deed?

a. Bill of Sale
b. Security Agreement
c. Balance sheet
d. Operating statement

A

a. Bill of Sale

119
Q

To which organization is real estate tax most important?

a. Federal government
b. State government
c. Local government
d. Local nonprofit organizations

A

c. Local government

120
Q

How is 10 mills expressed as a decimal?

a. 1
b. 0.1
c. 0.01
d. 0.001

A

c. 0.01

121
Q

Homeowners who file itemized tax returns are allowed deductions for which of the following items?

a. Real estate taxes and repairs
b. Hazard insurance and depreciation
c. Real estate taxes and mortgage interest
d. Mortgage interest and utilities

A

c. Real estate taxes and mortgage interest

122
Q

What is the rationale behind government planning of real estate development?

a. To manage future real estate growth.
b. To encourage more landscaping.
c. To limit commercial areas.
d. To maintain the character of the community.

A

a. To manage future real estate growth.

123
Q

Which of the following would not be a typical use of a physiographic study in preparing a comprehensive city plan?

a. Avoiding unexpected problems with drainage due to soil
conditions.
b. Anticipating the future need for new or widened roads.
c. Determining the suitability of a particular area for high-
rise offices.
d. Planning for potential agricultural use of existing,
unused land.

A

b. Anticipating the future need for new or widened roads.

124
Q

Which standard or process establishes the minimum standards for design and construction of buildings or structures?

a. Comprehensive planning
b. DRI Reviews
c. Zoning
d. Building codes

A

d. Building codes

125
Q

How are local planning boards be selected?

a. By election
b. By appointment
c. By lottery
d. By straw poll

A

b. By appointment