Legal Ethics SOP 1 (Jim's Questions) Flashcards

1
Q
  1. The Texas Real Estate Commission assesses inspectors a fee to fund the Real Estate Inspection Recovery Fund based on the?
    a. number of separate claims paid from the Recovery Fund in the preceding year.
    b. total dollar amount of all claims paid from the Recovery Fund in the preceding year.
    c. inspector’s license level and annual number of inspections.
    d. fund balance, which must remain at a required minimum level.
A

fund balance, which must remain at a required minimum level.

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2
Q
  1. The inspector should and their client’s interest.
    a. Protect/Promote
    b. Ignore/Disregard
    c. Influence/Persuade
A

Protect/Promote

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3
Q
  1. There is no need for inspectors to maintain and increase their level of knowledge of the field.
    a. True
    b. False
A

false

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4
Q
  1. Which of the following MUST an inspector complete as part of the plumbing inspection?
    a. Operate free-standing appliances.
    b. Operate main, branch, or shut-off valve.
    c. Observe the functional drainage at accessible plumbing fixtures.
    d. Observe exterior components such as water mains and water wells.
A

Observe the functional drainage at accessible plumbing fixtures.

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5
Q
  1. According to the Standards of Practice, oven thermostats tested at 350 degrees F should be accurate within what range?
    a. +/- 5 degrees F.
    b. +/- 15 degrees F.
    c. +/- 20 degrees F.
    d. +/- 25 degrees F.
A

+/- 25 degrees F.

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6
Q
  1. Which of the following MUST an inspector complete as part of the plumbing inspection?
    a. Operate free-standing appliances.
    b. Operate main, branch, or shut-off valve.
    c. Observe the functional drainage at accessible plumbing fixtures.
    d. Observe exterior components such as water mains and water wells.
A

Observe the functional drainage at accessible plumbing fixtures.

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7
Q
  1. When inspecting cooling equipment, the inspector shall report all of the following EXCEPT the?
    a. type of system.
    b. type of refrigerant.
    c. inadequate access to the unit.
    d. dirty evaporator coil where accessible.
A

type of refrigerant.

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8
Q
  1. The job of the inspector is to:
    a. Disclose the condition of the property
    b. Determine who should provide repairs
    c. Determine why something does not work
    d. Determine when something should be repaired
A

Disclose the condition of the property

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9
Q
  1. The inspector should provide client with enough information:
    a. To assist in determining whether to buy or not to buy
    b. To remodel the home
    c. To decorate the home
A

To assist in determining whether to buy or not to buy

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10
Q
  1. Good report writing will lower your risk, liability and exposure:
    a. True
    b. False
A

True

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11
Q
  1. All verbal comments at the inspection pertaining to deficiencies should be included in the report:
    a. True
    b. False
A

True

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12
Q
  1. The inspector is required to have an Inspection agreement per the TREC SoP:
    a. True
    b. False
A

False

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13
Q
  1. The inspector is responsible to provide to the client any code violations:
    a. True
    b. False
A

False

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14
Q
  1. It is important that the inspector makes an observation and report to the client his/her opinion:
    a. True
    b. False
A

False

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15
Q
  1. Any problems that in the inspector’s opinion would be a health/safety issue or major cost to the client, should be reported to the client:
    a. True
    b. False
A

True

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16
Q
  1. D.E.D. stands for:
    a. Direct, estimate, direct
    b. Detect, evaluate, direct
    c. Detect, evaluate, decide
A

Detect, evaluate, direct

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17
Q
  1. Which of the following is an opinion?
    a. The basement wall has a crack
    b. There is a bow in the wall
    c. The block basement wall has cracks and has moved several inches and can be fixed by supporting the wall with I-beam type brackets
A

The block basement wall has cracks and has moved several inches and can be fixed by supporting the wall with I-beam type brackets

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18
Q
  1. Report as in need of repair, a switch that:
    a. Does not operate
    b. Displays evidence of arcing
    c. Is not fastened securely
    d. All of the above
A

All of the above
Does not operate
Displays evidence of arcing
Is not fastened securely

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19
Q
  1. The inspector can use the Texas Standard report or others that are similar:
    a. True
    b. False
A

False

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20
Q
  1. An inspector need only supply an oral report if that is what the client wants:
    a. True
    b. False
A

False

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21
Q
  1. How does the inspector complete the form if an item required for inspection by the Standards of Practice, such as a food waste disposer, is not present in the property?
    a. Do not need to report
    b. Mark the NP box
    c. Mark the NI Box
A

False

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22
Q
  1. The report can be changed to include circles of brackets instead of check boxes:
    a. True
    b. False
A

False

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23
Q
  1. If an item is inspected and no repairs are necessary and no comments are needed, how should the inspector fill it out:
    a. Does not have to report on it
    b. Mark NA on the report
    c. Mark the I (inspected) box for that item
A

Mark the I (inspected) box for that item

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24
Q
  1. The inspector may provide a different report as an attachment to the Standard Texas Report:
    a. True
    b. False
A

True

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25
Q
  1. In a pre-printed version of the Texas Standard Report, the inspector can include a list of items in the Comment space:
    a. True
    b. False
A

True

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26
Q
  1. An inspector may modify or delete the sections on the form, such as the language under II.B:
    a. True
    b. False
A

False

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27
Q
  1. An inspector can pre-print the Report, with ruled lines for comments:
    a. True
    b. False
A

True

28
Q
  1. The inspector must report on optional systems noted in the Standard of Practice if they are present:
    a. True
    b. False
A

False

29
Q
  1. The inspector is not required to use the TREC form for:
    a. Quality control construction inspections
    b. Inspections of remodeling
    c. Re-inspections
    d. All of the above
A

All of the above
Quality control construction inspections
Inspections of remodeling
Re-inspections

30
Q
  1. The inspector is required to operate the TPR if one is present and will cause damage:
    a. True
    b. False
A

False

31
Q
  1. Words and phrases not to use:
    a. Appears very well maintained/excellent condition
    b. May contain
    c. I don’t know
    d. Prior to close
A

I don’t know

32
Q
  1. Words and phrases to use:
    a. Appears to be
    b. What an ugly
    c. It’s a mess
    d. This will fail
A

Appears to be

33
Q
  1. The inspector is not required to report:
    a. When power is not present
    b. Polarity is incorrect
    c. The unit is not grounded
    d. The accuracy of breaker labeling
A

The accuracy of breaker labeling

34
Q
  1. Words and phrases that should not be used:
    a. Recommend
    b. Appropriate
    c. Guarantee
    d. Prior to close
A

Guarantee

35
Q
  1. Words and phrases that should not be used:
    a. Recommend
    b. Appropriate
    c. Guarantee
    d. Prior to close
A

Recommend

36
Q
  1. An inspector shall exclude from the inspection any part, component or system which the inspector is not competent or qualified to inspect:
    a. True
    b. False
A

True

37
Q
  1. An inspector must include in the report all components or systems that are found in a home:
    a. True
    b. False
A

False

38
Q
  1. An inspector does not need consent from the client to disclose report findings with others.
    a. True
    b. False
A

False

39
Q
  1. Inspection committee members serve years.
    a. 2
    b. 3
    c. 4
    d. 6
A

6

40
Q
  1. A Real Estate Inspector must have hours of continuing education to renew his/her license each year.
    a. 2
    b. 4
    c. 8
    d. 16
A

16

41
Q
  1. If a negligent inspection is performed?
    a. The inspector’s license may be revoked by the Texas Real Estate Commission.
    b. The inspector’s license may be revoked by the Texas Real Estate Inspector Committee.
    c. A payment from the inspection recovery fund may be assessed by the Texas Real Estate Commission
    d. A payment from the inspection recovery fund may be assessed by the Texas Real Estate Inspector Committee
A

The inspector’s license may be revoked by the Texas Real Estate Commission.

42
Q
  1. The inspector is REQUIRED to:
    a. Determine the absence of pressure relief valve and an appropriate discharge line on a water heater
    b. Probe all structural components to determine their condition.
    c. Light a pilot on a natural gas appliance of mechanical component
    d. Attempt to light a pilot on a natural gas device
A

Determine the absence of pressure relief valve and an appropriate discharge line on a water heater

43
Q
  1. There are 9 members of the Texas Real Estate Commission appointed by the governor and confirmed by the senate, how many members are representatives of the general public?
    a. 2
    b. 3
    c. 5
A

3

44
Q
  1. As an inspector that is licensed as a home inspector in the state of Texas you must first adhere to all rules:
    a. Imposed by the Federal Housing Authority
    b. Agreed to in writing or verbally by the client
    c. By the Texas Real Estate Commission
    d. Within the provisions of their corporate resolution
A

By the Texas Real Estate Commission

45
Q
  1. During inspection appliances are inspected in their normal operating ranges:
    a. True
    b. False
A

True

46
Q
  1. An inspector shall render the inspection report in the format prescribed by TREC:
    a. In all cases
    b. Unless a different format is requested by a client
    c. B and C
    d. Unless a different format is required by an agency of the federal government
A

Unless a different format is required by an agency of the federal government

47
Q
  1. If found guilty of performing an inspection without a license the penalty is likely?
    a. Class C misdemeanor
    b. Felony
    c. Class X misdemeanor
    d. Class A misdemeanor
A

Class A misdemeanor

48
Q
  1. He can how many apprentices can a Professional inspector have?
    a. 1
    b. 2
    c. 3
    d. Unlimited
A

Unlimited

49
Q
  1. He can how many apprentices can a Professional inspector have on different inspections sites at the exact same time?
    a. 1
    b. 2
    c. 3
    d. unlimited
A

1

50
Q
  1. TREC will not pay out of the Recovery Fund for:
    a. court costs
    b. actual damages
    c. punitive Damage
A

punitive Damage

51
Q
  1. An inspector that is not following the TREC standards of practice. What should you do as a licensed inspector?
    a. Talk to him and try to educate him so he changes his inspection
    b. Report him in writing to TREC
    c. Do nothing. He will get caught eventually
A

Report him in writing to TREC

52
Q
  1. If there is a complaint filed against an inspector:
    a. He can be reprimanded by TREC
    b. It can be called in anonymously to the TREC office
    c. TREC can fine the inspector or suspend the inspectors license
    d. Both a and c
A

Both a and c
He can be reprimanded by TREC
TREC can fine the inspector or suspend the inspectors license

53
Q
  1. How many inspections does a professional inspector have to complete before he can sponsor another inspector?
    a. 100
    b. 150
    c. 200
    d. 250
A

200

54
Q
  1. The inspectors must be written on the inspector’s report.
    a. business name
    b. realtors name and license number
    c. client’s name and phone number
    d. name and license number
A

name and license number

55
Q
  1. The TREC Standards of Practice is the level of inspection an inspector may perform.
    a. highest
    b. minimum
    c. lowest
    d. ultimate
A

minimum

56
Q
  1. The inspector is required to accept the duty of protecting the public against fraud, misrepresentation, or unethical practices.
    a. True
    b. False
A

True

57
Q
  1. An application for a license may be denied if the Commission determines that applicant has failed to satisfy to the Commission, Honesty, trustworthiness and integrity?
    a. True
    b. False
A

True

58
Q
  1. An inspector shall maintain professional liability insurance coverage.
    a. True
    b. False
A
59
Q
  1. An inspector has business days to respond to TREC when called upon to be a witness at a TREC hearing.
    a. 15
    b. 5
    c. 30
    d. 10
A

10

60
Q
  1. The inspector should endeavor always to maintain and increase his level of knowledge regarding changes in the field of home inspections.
    a. True
    b. False
A

True

61
Q
  1. An inspector is required to operate a cooling system when the outdoor temperature is less than 60 degrees?
    a. True
    b. False
A

False

62
Q
  1. The inspector shall render a written opinion as to the performance of the foundation.
    a. True
    b. False
A

True

63
Q
  1. The inspector shall note all the factors that indicate the foundation is not performing as intended.
    a. True
    b. False
A

True

64
Q
  1. The inspector shall report as deficient conditions that are present and may be adversely affecting foundation performance.
    a. True
    b. False
A

True

65
Q
  1. The inspector shall operate the mechanical systems and appliances during an inspection in normal modes and determine proper performance at the time of the inspection.
    a. True
    b. False
A

True

66
Q
  1. An inspector is required to determine accuracy of breaker listing and labeling in the service panel.
    a. True
    b. False
A

False

67
Q
  1. The inspector shall report as deficient deficiencies in steps, stairways and railings.
    a. True
    b. False
A

True