mock 10 Flashcards
Which of the following statements made during a recent discussion about ownership is TRUE?
A. A corporation is subject to income tax, unlike a partnership.
B. Only shareholders are entitled to manage a corporation in accordance with the Consumer Protection Act.
C. A corporation whose shares are traded on a stock exchange is referred to as a private company.
D. Individuals who acquire shares in a company do not own the assets of the company.
- Only statements A and D are true
- Only statements A, B and C are true
- Only statements B and D are true.
- A, B, C and D are true.
- Only statements A and D are true
You are trying to calculate the market value of an income-producing property. In order to determine the market value, however, you must find the yield of several comparable properties and determine a market capitalization rate. The following information is for the recent sale of a similar income-producing property:
Selling Price $864,000
Gross Potential Revenue $100,000 per annum
Operating Expenses $22,750 per annum
Market Vacancy Rate 4%
What is the yield on the sale of the comparable property?
- 8.11722%
- 8.47801%
- 9.98964%
- 8.94097%
- 8.47801%
A buyer and seller have entered into a binding contract of purchase and sale for the seller’s luxury cottage. The cottage is situated on an extremely private island, where other properties are rarely listed for sale. Shortly before the completion date, the seller, having just received a much higher offer from a third party for the cottage, informs the buyer that she will not complete the transaction. The buyer learns that the seller intends on entering into a contract with the third party to sell the cottage at that higher price. The buyer, who has spent two years searching for the perfect cottage, is desperate to buy the cottage. He wants to prevent the sale to the third party. What can the buyer do?
A. The buyer can initiate an action in court for an order of specific performance.
B. The buyer can initiate a complaint with the Real Estate Council of British Columbia, which can order that the second sale not proceed.
C. The buyer can initiate an action in court for an order that the contract with the third party is frustrated.
D. The buyer can make an application to court for injunction, preventing the seller from entering into a contract with the third party.
- Only A and B
- Only A and D
- Only C and D
- Only B and C
- Only A and D
A borrower has arranged a loan of $285,000 at an interest rate of 5% per annum, compounded semi-annually with payments set at $2,157 per month. What is the period necessary to amortize the loan?
- Exactly 191. 2808 74401 years
- Exactly 240 months
- Approximately 13 years
- Approximately 16 years
- Approximately 16 years
A buyer enters into a purchase and sale agreement for a sellers property subject to a condition precedent. Prior to the expiry, the buyer waves the condition that was made exclusively for the buyers benefit. The seller refuses to acknowledge the waiver of a condition precedent. In law, the agreement for purchase and sale is:
- Binding
- One which is not binding on other party
- Voidable at the option of the buyer
- Voidable at the option of the seller
- Binding
An appeal on a point of law regarding a real property assessment value can be made from the Property Assessment Appeal Board directly to the:
- Property Assessment Review Panel
- B.C. Supreme Court
- B.C. Court of Appeal
- Supreme Court of Canada
- B.C. Supreme Court
One of the reasons that the Commercial Act appears to be more favorable to landlords than the Residential Tenancy Act is because under the former commercial landlords, unlike residential landlords,:
- May only collect a security deposits that is equal to or less than-one-half of one month’s rent.
- May not exercise the common law remedy of distress.
- Do not have to mitigate damages when a tenant abandons a property.
- May interfere with a tenant’s reasonable quiet enjoyment of a property
- Do not have to mitigate damages when a tenant abandons a property.
The immobility of real property means that land is subject to external influences from neighboring properties known as:
- externalities
- latent influencing factors
- immobilities
- extrinsic factors
- externalities
You are talking to your friend about green construction and she seems to be confused about third party certifications. In order to help, you explain to her that when someone says LEED, they are referring to:
- The Lender for Environmental Education Designations third-party certification program.
- The Leadership in Energetic Efficiency Design third-party certification program.
- The Leader in Environmental and Ergonomic Design third-party certification program.
- The Leadership in Energy and Environmental Design third-party certification program.
- The Leadership in Energy and Environmental Design third-party certification program.
Consider the following interest in land:
Which of the above interests and land require a dominant and servant tenement?
A. Life States
B. Easements
C. Freehold estates
D. Profits a prendre
- B only
- A and C only
- B, C and D only
- All of the above
- B only
Which of the following is a remedy available for private nuisance?
- Frustration
- Rescission
- Quantum meruit
- Injunction
- Injunction
An offer of $350,000 is accepted, comprised of a cash down payment of $75,000 and a vendor supplied mortgage loan of $275,000 at 5% per annum, compounded semi-annually. The loan has an amortization period of 25 years, a term of 3 years and calls for monthly payments rounded up to the next higher dollar. Market rates of interest for equivalent mortgages are currently 7.5 % per annum, compounded semiannually. The market value of the offer is:
- $330,090.87
- $334,493.08
- $331, 690.44
- $332,554.99
- $332,554.99
Eric and Mandy own a unit in Poppyseed place, a beautiful strata development that sits on the waterfront of a lake in northern British Columbia. They bought the unit five years ago as joint tenants and have rented it out to Ms. Johnson, who continues to occupy the unit. Mandy has recently passed away , and her will gifted her interest in the unit to her son Melvin. Melvin has now contacted Eric and is demanding that he be paid one half of the rent paid by Ms. Johnson. Which of the following statements is false?
A. Upon Mandy’s death, the entire interest remains with the surviving joint tenant, Eric.
B. By gifting her interest in the unit to Melvin, Mandy severed the joint tenancy.
C. Melvin and Eric now own the unit as tenants in common.
D. Melvin and Eric now own the unit as joint tenants.
- Only A is false
- Only D is false
- Only A and D are false.
- Only B, C and D are false.
- Only B, C and D are false
Which of the following statements comparing stratas and cooperatives is FALSE?
- Unlike strata ownership, cooperative ownership does not bestow an individual fee simple title to the cooperative’s owner’s unit.
- The requirement for a disclosure statement may apply to both strata and cooperatives.
- Cooperatives are generally easier to sell than strata
- Where an existing building is being converted to either strata or a non-profit cooperative, the existing tenants are covered by the protections afforded by the B.C. Residential Tenancy Act.
- Cooperatives are generally easier to sell than strata
When will BC Assessment mail assessment notices to property owners?
- Sometime in July
- The end of October
- The end of December
- Sometime in March
- The end of December
To qualify for a managing broker’s license in B.C., a person must meet which of the following requirements?
- Have five year’s license experience in British Columbia
- Be of good reputation
- Submit personal financial statements
- All of the above are requirements for a managing broker’s license.
- Be of good reputation
Elvis is purchasing Jerry’s beach house in Tofino, BC. Elvis is having a difficult time getting enough financing for the deal; so he decides to give Jerry his boat, valued at $21,000. Furthermore, he will be assuming Jerry’s existing mortgage on the property. Elvis is able to obtain the balance of the funds needed by granting a second mortgage to Crabapple Credit Union. Elvis has just delivered the deposit of $30,000 directly to Jerry. Which of the following items would appear on Jerry’s statement of adjustments?
- Purchase price, property transfer tax, cash proceeds of sale.
- Real estate licensee’s commission, sale price, conveyancing fees
- Deposit, assumption of first mortgage, real estate licensee’s commission
- Boat trade, deposit, property transfer tax
- Deposit, assumption of first mortgage, real estate licensee’s commission
Which of the following statements regarding a generally accepted accounting principles are TRUE?
A. The materiality principle holds that changes to accounting principles should only be made when the change results in providing more relevant and useful information to the user of the financial statements.
B. The consistency principle is closely aligned to the cost principle because the best way to ensure your objectivity in accounting transactions is to record the amount of consideration given up at the date of the transaction.
C. To conform with the cost principle, it is not appropriate to record the asset at what might be considered its fair market value; the asset should be recorded at the amount that the enterprise paid for it.
D. The matching principle requires the accrual basis of accounting; that is expenses are always recorded when incurred which is not necessary when they are paid.
- Only statements A and D are true
- Only statements C and D are true
- Only statements A and B are true
- Only statements B and C are true
- Only statements C and D are true
The anchoring effect is best described as:
- A sociological theory that predicts that the longer someone occupies a property, the higher the price he or she will seek upon deciding to sell it.
- A psychological phenomenon whereby the first number quoted in a negotiation causes the rest of the negotiation to be based on that number.
- A market force that causes the median price of a good to fall when there is a declining market for that good.
- An economic factor that decreases demand for real estate services due to an increase in interest rates.
- A psychological phenomenon whereby the first number quoted in a negotiation causes the rest of the negotiation to be based on that number.
Mark, an experienced trading services representative, showed a house in Lion’s Bay to John, a prospective purchaser. John asked Mark whether the house was infested with termites. Mark told John that the vendor, George, had told him that there was no insect infestation in the house. In fact, the vendor had lied to Mark because the vendor knew there was a termite infestation. John bought the house and discovered the infestation. On which of the following grounds might the vendor, George, be liable to John in a lawsuit?
- Breach of warranty of authority
- Deceit
- Negligent misrepresentation
- Breach of a condition precedent in the contract of purchase and sale.
- Deceit
Which of the following statements regarding the stress test borrower qualification rule for uninsured mortgages is FALSE?
- The mortgage qualifying rate is based on the greater of the Bank of Canada’s 5-year benchmark rate and 2% above the mortgage’s negotiated contract rate.
- The Financial Institutions Commission of BC established the stress test requirements for all new mortgages from federally chartered institutions.
- The stress test mortgage qualifying rate is also known as the benchmark interest rate.
- The stress test qualification rules only apply to mortgages from federally chartered institutions.
- The Financial Institutions Commission of BC established the stress test requirements for all new mortgages from federally chartered institutions.
Which of the following statements regarding the Multiple Listing Service (MLS) is TRUE
- The MLS website focuses on industry issues, trends and financing
- When a property is listed for sale, the MLS website is the only place that listing information can be obtained
- The MLS website allows trading services representatives to generate the most common forms and contracts in the real estate market
- Local real estate boards manage the listing information for properties listed on the MLS in their geographic area; however the accuracy of the information is the responsibility of the licensee
- Local real estate boards manage the listing information for properties listed on the MLS in their geographic area; however the accuracy of the information is the responsibility of the licensee
Your client has just purchased a business for $200,000 and made a cash down payment for 20% of the purchase price. The rest of the purchase was financed with a loan which calls for monthly payments of $1,400 over a 20 year amortization period and term. What is effective annual interest rate is your client paying on the loan?
- 8.613182%
- 5.713475%
- 7.115529%
- 8.961474%
- 8.961474%
A company has just bought a machine for $12,500. It is expected that the machine can be sold for $4,000 ten years from now. The current market value of the machine is $15,000. Using the straight-line method what is the annual depreciation expense?
- $1,100
- $1,250
- $1,650
- $850
- $850
Which British Columbia statute regulate survey private sector organizations collect, keep secure, and disclose personal information?
- Private Information and Disclosure Act
- Private Sector Secure Protection Act
- Personal Privacy Collection Act
- Personal Information Protection Act
- Personal Information Protection Ac
Which of the following statements regarding property appraisal is FALSE?
- The courts provide some guidelines as to an appraiser’s legal responsibilities, which are outlined in the law of contract and the law of tort.
- A licensed real estate representative can give an appraisal of real property.
- A large over-valuation of property by an appraiser, by itself, always establishes liability on the part of the appraiser.
- The courts have recognized that a reasonable margin of error exists when calculating damages resulting from a negligent appraisal.
- A large over-valuation of property by an appraiser, by itself, always establishes liability on the part of the appraiser.
Which of the following statements is FALSE with respect to trespass?
- A trespasser’s actions must be intentional.
- A trespasser’s actions cannot be an indirect result of another act or occurrence.
- A trespasser’s actions do not have to result in physical damage.
- A trespasser’s actions must occur repeatedly.
- A trespasser’s actions must occur repeatedly.
Which of the following are among the duties and powers of the Real Estate Council?
- Establishing a fund for the use of the Real Estate Foundation
- Lobbying for real estate law reform on behalf of the real estate industry
- Advancing the knowledge, skill and competency of licensees
- Protecting licensees from financial loss due to errors and omissions
- Advancing the knowledge, skill and competency of licensees
Who owns the common property of a strata corporation?
- Each strata lot owner owns a proportionate share of the common property based on his or her unit entitlement
- The strata council, whose responsibility is to manage the common property in the best interest of the strata lot owners
- Each strata lot owner owns an equal share of the common property
- The strata manager, as a trustee for the individual strata lot owners
- Each strata lot owner owns a proportionate share of the common property based on his or her unit entitlement
An investor has decided to establish a bank account in order to accumulate sufficient capital at the end of 5 years to purchase a vacant lot. If the occupant pays interest at 6% per annum, compounded annually and the investor makes a deposit of $15,000 at the end of each year how much capital will she have accumulated at the end of 5 years?
- $104,629.78
- $84,556.39
- $63,185.46
- $75,733.70
- $84,556.39
Which of the following are general guidelines the Real Estate Council of British Columbia (RECBC) follows with respect to teams and team names?
A. Unlicensed team members must be identified as unlicensed in team advertising in which they appear.
B. Licensed team members must advise the council, in writing, when any team member leaves the team.
C. No team name will be approved that is identical to an existing approved team name.
D. A team must consist of more than one person (licensed or unlicensed)
- Only statements A and C
- Only statements A, B and D
- Only statements B, C and D
- All of the above
- All of the above
A property is located in an area that is famous for its banyan trees. The fact that underground tree roots from the banyan trees have begun to breach the foundation of the property in question is a situation known as:
- A patent defect
- An encumbrance
- A latent defect
- A unilateral mistake
3.A latent defect
With regard to a licensee purchasing property for themselves, which of the following statements is FALSE?
- The REALTOR Code and the Real Estate Services Act require a member licensee to provide written notice to the seller when personally buying a seller’s property.
- A key principle behind the imposition of disclosure requirements in relation to a licensee acquiring real estate for themselves is to ensure that the licensee does not take advantage of the seller.
- If a licensee does not comply with the disclosure requirements in relation to his or her acquisition of property, the seller can choose to not complete the sale.
- Disclosure can be made within a service agreement or any other agreement that gives effect to the trader in real estate.
- Disclosure can be made within a service agreement or any other agreement that gives effect to the trader in real estate.
Fred is the registered owner of Blackacre, a property located just outside Kelowna, British Columbia. Todd forges and registered a transfer of Blackacre to himself. Todd then borrows $150,000 from Royalty Trust Co. The loan is secured against Blackacre by way of a mortgage. Which one of the following statements is TRUE?
- Royalty is secure in relying on Todd’s title
- Fred can recover Blackacre but the title to the property will remain encumbered by the Royalty Trust Co mortgage
- Because of the forgery, Fred can recover Blackacre free of the Royalty Trust Co. Mortgage
- Royalty Trust Co may recover its $150,000 from the assurance fund.
- Because of the forgery, Fred can recover Blackacre free of the Royalty Trust Co. Mortgage
Which of the following is TRUE with respect to the contaminated sites registry (CSR) British Columbia?
- The CSR is part of the land title registration system in BC
- The CSR was established by the Land Title Act
- It is more likely that a commercial property will be in the CSR than residential property
- CSR searches must be done by visiting the the CSR office in Victoria, BC
- It is more likely that a commercial property will be in the CSR than residential property
Which of the following acts would engage a category of law that is considered ‘public law’?
- Breaching a warranty in a contract
- Negligence
- Evading taxes
- Filing for divorce
- Evading taxes
Which one of the following statements is FALSE regarding the Real Estate Council’s power to investigate a licensee?
- The real estate Council may investigate a licensee if it is suspected that he or she has contravened any provision of the act, regulations or rules.
- The real estate Council may conduct an investigation to determine whether the licensee has committed professional misconduct or conduct unbecoming a licensee.
- The Real Estate Council must obtain permission from the court before beginning an investigation.
- The Real Estate Council can conduct an investigation into a licensee’s conduct whether or not it has received a complaint.
- The Real Estate Council must obtain permission from the court before beginning an investigation.
Which of the following is a TRUE statement regarding the Code of Ethics of the Canadian Real Estate Association?
- The Code stresses that a REALTOR’s highest duty is owed to his or her client regardless of the nature of the client’s instructions.
- The Code is a document that each REALTOR may or may not choose to adopt in his or her practice.
- The Code acts as an alternative to the Canadian Real Estate Association’s Standards of Business Practice.
- The Code includes the Golden Rule – “Do unto others as you would have them do unto you.”
- The Code includes the Golden Rule – “Do unto others as you would have them do unto you.”
Which of the following charges on title MOST likely indicates to licensee that a particular property is subject to foreclosure proceedings?
- A mortgage
- A lender’s lien
- A restrictive covenant
- A certificate of pending litigation
- A certificate of pending litigation
Which of the following statements regarding mortgages is TRUE?
- An acceleration clause allows the lender to accelerate the expiry of the term of the mortgage and demand repayment of the entire loan amount, provided that the borrower is given three month’s notice.
- Upon the execution of the mortgage contract, the lender is required to advance the total amount of the mortgage immediately, regardless of the terms of the mortgage.
- Under the Property Law Act, a lender cannot require the borrower to obtain the advance consent of the lender before making any alterations for improvements to the property.
- The mortgage contract, in addition to the common law, provides the lender with a number of options and remedies to pursue when the borrower defaults on the mortgage. It is up to the lender to choose the remedy it feels is most advantages in the circumstances.
- The mortgage contract, in addition to the common law, provides the lender with a number of options and remedies to pursue when the borrower defaults on the mortgage. It is up to the lender to choose the remedy it feels is most advantages in the circumstances.