mock 2 Flashcards
Under the common law of agency which of the following statements is true?
- Where the agent does not disclose that he or she is an agent and enters into the contract with a third party, the principal will have no liability for the contract.
- An agent who would not have capacity to enter into a contract herself may be able to make a valid contract on her principal’s behalf.
- In order for the principal to be bound by the contract he or she must not give authorities to his agent.
- The agency agreement which is not expressed in writing will never be enforceable
- An agent who would not have capacity to enter into a contract herself may be able to make a valid contract on her principal’s behalf.
Which one of the following does NOT result from the immobility of land?
- the need for debt financing
- a vulnerability to outside environmental factors
- an inability to move a listed property to a better resale market
- the necessity for owners to travel in order to take advantage of services provided by different parcels of land
- the need for debt financing
If you are showing a house that was built in 1928 and the electrical sockets only have two holes, what kind of wiring is NOT appropriate to use ?
- knob and tube
- aluminum wiring
- copper wiring
- none of the above
- aluminum wiring
The Law and Equity Act contains a provision that is often referred to as “the requirement of writing”. Which of the following accurately summarizes the “requirement of writing” contained in s. 59 of the Law and Equity Act?
- A contract respecting land must be in writing or it is void.
- A contract respecting land can never be enforced against a party who has not signed it.
- A contract for the sale of land must be contained in one written document.
- None of the above three statements accurately summarizes the requirement of writing.
- None of the above three statements accurately summarizes the requirement of writing.
Your client makes an offer of $600,000 to purchase a home subject to get an accessible first mortgage. A lender, who has appraised the property for 590,000 wants to give 80% loan to value ratio and a 30% gross debt service ratio. Property taxes are 3,000 and your client has a gross income of $100,000 per a year.
Amount this lender will advance (rounded to the nearest dollar) if the rate is J2= 3.75
The amortization period is 25 years, and payments are to be made monthly
- $472,000
- $427,740
- . $438,976
- $480,000
- $438,976
With respect to the scope of an agent’s authority, apparent authority:
- Arises when an agent’s unauthorized act is later ratified.
- Results from the operation of the legal doctrine of estoppel
- Arises when the agent is in a transaction governed by “ customs of the trade”.
- Describes all agency authority that can be inferred in the agency agreement.
- Results from the operation of the legal doctrine of estoppel
Which one of the following statutes affects the real property taxation system in British Columbia?
- Real Estate Services Act
- School Act
- Arbitration Act
- Land Transfer Form Act
- School Act
Which of the following statements regarding property appraisals are true?
A. The courts provide some guidelines as to an appraiser’s legal responsibilities under tort law and contract law
B. The courts have recognized that a reasonable margin of error exists when calculating damages as a result of a negligent appraisal
C. A large overvaluation of property by an appraiser does not, by itself, establish liability on the part of the appraiser.
D. The value of real estate property can always be determined with certainty
Statements B and D are true
Statements A and C are true
Statements B, C and D are true
Statements A, B and C are true
Statements A, B and C are true
As determined by the promotional mix, which of the following represents face-to-face communication with potential customers:
- Personal selling
- Public relations
- Sales presentations
- Publicity
- Personal selling
A property is listed for $550,000 but the market value, as estimated in a recent appraisal, is $545,000. The property’s lending value is estimated to be $540,000. Jay and Joan purchase the home for $543,000 subject to mortgage of $432,000. What loan to value ratio was applied by the lender with whom Jay and Joan negotiated the mortgage? (Assume that the loan to value ratio was the binding constraint on the loan size).
75%
80%
70%
125%
80%
In establishing the actual value of a residential property the Assessor likely will NOT consider:
- The present use of the property
- The current interest rates for mortgages
- The revenue or rental value of the property
- The location of the property
- The current interest rates for mortgages
Which of the following statements about federal legislation governing mortgages is FALSE?
- The Interest Act provides that if the mortgage agreement requires interest payment but does not specify the rate of interest chargeable, the rate allowed by law is 5%.
- The Criminal Law defines a criminal rate of interest as an affective annual rate is excess of 60%.
- The Interest Act gives borrowers the right to attack the rate of interest being charged in a mortgage on the basis that the rate is either harsh or unconscionable.
- Section 10 of the Interest Act provides an individual with the right of prepayment on his or her mortgage at the expiry of five years from the date of the mortgage if the mortgage provides that it is not payable for more than 5 years from the date of the mortgage.
- Section 10 of the Interest Act provides an individual with the right of prepayment on his or her mortgage at the expiry of five years from the date of the mortgage if the mortgage provides that it is not payable for more than 5 years from the date of the mortgage.
As a Mortgagor which rate would you prefer:
A. J2 = 4.5
B. J1= 4.2
C. J 365= 4.25
- Rate A
- Rate B
3 .Rate C - Impossible to calculate
- Rate B
Which of the following is NOT a power or duty of the Real Estate Council?
- Levying fees on all licensees in order to meet the Council’s expenses.
- Holding disciplinary hearings.
- Collecting premiums and assessments from licensees on behalf of the Real Estate Errors and Omissions Insurance Corporation.
- Undertaking and carrying our real estate law reform to promote the interests of real estate professionals.
- Undertaking and carrying our real estate law reform to promote the interests of real estate professionals.
What is the best way to distinguish between a lease and a license?
- Apply the test set out in a residential tenancy Act to determine the difference between a license and a lease
- Examine the express terms in the agreement
- Examine the words used to describe the relationship of landlord and tenant and a licensee or a licensor
- Look at the formal wording used in the document as a whole
- Examine the express terms in the agreement
A property is located in the area where there are a lot of trees. That fact that the tree roots began to destroy the foundation of the property is known as:
- A Patent defect
- An encumbrance
- A Latent defect
- A fundamental mistake
- A Latent defect
Tenancy “at will” is:
- a tenancy where the tenant, with the consent of the landlord, occupies land as a tenant for a term which can be terminated by either party at any time
- is a contract between the landlord and the tenant, pertaining to the letting of residential premises
- a tenancy which automatically renews itself on the last day of the term for a further term of the same duration until terminated be either party
- expires at the end of the term only if the landlord and tenant agree in writing at outset of if “proper” notice of the end of the tenancy agreement is given.
- a tenancy where the tenant, with the consent of the landlord, occupies land as a tenant for a term which can be terminated by either party at any time
Joists are:
- Horizontal structural framing members that support floors and ceilings
- Trusses that support the roof deck
- Beams the support walls and floors
- Made of plywood and cover the walls under the siding
- Horizontal structural framing members that support floors and ceilings
Which of the following statements is TRUE in regards to open listing?
- An open listing provides better protection to the agent then exclusive listing.
- In an open listing contract, If the seller disposes of the property to a prospect that was not introduced by any of the listing agents, the seller does not pay listing agents a commission.
- While a listing contract is a contract between the brokerage and the seller, the buyer is bound to some of the terms contained in the contract.
- It is not necessary that an exclusive listing contains a specified duration and a commencement date.
- In an open listing contract, If the seller disposes of the property to a prospect that was not introduced by any of the listing agents, the seller does not pay listing agents a commission.
Which of the following statements with respect to the contract is TRUE:
- Frustration can only occur after a contract has been made.
- If a contract is entered into as the result of a person in a power using his or her position to induce a weaker party to enter a contract would not have otherwise made, the contract will be frustrated.
- Frustration occurs where both parties to a contract have made a fundamental mistake about the contract, but each makes a different mistake.
- Frustration will apply if the subject matter of the contract is destroyed before the contract is made.
- Frustration can only occur after a contract has been made.
Which one of the following statements is TRUE?
- The doctrine of precedent does not provides uniformity to the common law system
- The Supreme Court of Canada is required to hear all appeals.
- The Supreme Court of British Columbia may exercise both common law and equitable jurisdiction.
- An appeal by a taxpayer to reduce a tax assessment would fall within the sphere of private law.
- The Supreme Court of British Columbia may exercise both common law and equitable jurisdiction.
Which one of the following statements best describes the difference between an assessment notice and a tax notice?
- A tax notice is a demand for payment while an assessment notice is not
- Both notices are demands for payment, but a tax notice also provides a breakdown of the tax systems
- Neither statement is a demand for payment; they both inform the owner of the assessed value of his property
- An assessment notice is used to supplement the assessment roll
- A tax notice is a demand for payment while an assessment notice is not
Which of the following statements with respect to the doctrine of frustration is TRUE?
- Frustration can only occur after the contract is made
- If a contract is entered into as the result of a person in a superior position to induce a weaker party to enter a contract which he or she wouldn’t otherwise have wanted to be in, the contract would be frustrated
- Frustration occurs where both parties to a contract have made a fundamental mistake but each mistake is different
- Frustration will apply if the subject matter of the contract is destroyed before or after the contract is made
- Frustration can only occur after the contract is made
Which of the following statements regarding conditions in a contract are TRUE?
A. A condition is a promise which is not fundamental to the contract
B. In most cases, the breach of a condition permits the innocent party to terminate the contract
C. A “time is of the essence” clause indicates that timely performance is a condition of the contract
D. If a term is not a condition, then a breach of that term will not result in any remedies for the innocent party.
A and C only
A and D only
B and C only
C and D only
B and C only
Which of the following statements is FALSE?
- An agency relationship is created when two persons agree that one will act on behalf of the other
- An agent who does not disclose to a third party that he or she is she is an agent and enters into a contract with a third party may be held liable as a principal.
- An agency agreement must be written to be enforceable.
- The agent can never escape liability for torts committed by the agent on the basis that the agent was authorized by the principal to commit them
- An agency agreement must be written to be enforceable.
The agency contract that specifies that the real estate agent has the right to negotiate on behalf of the owner with respect to the sale of property, is called:
- An exclusive listing
- An absolute listing
- A general listing
- A select listing
- An exclusive listing
You have a partially completed appraisal report that you need to fill in. The 2,200 square foot subject property has 4 bedrooms and 4 bathrooms. The house next door is similar in all respects except for square footage, the number of bedrooms, and the number of bathrooms. The 2,300 square foot comparable sold for $245,000 and has 3 bedrooms and 3 bathrooms. If the market value of a bedroom is $4,000, the market value of a bathroom is $5,700, and above a 1,900 sq. ft. benchmark, each 100 sq. ft. is worth $6,000, the adjusted sale price for this comparable is:
$248,700
$260,700
$229,300
$241,300
$248,700
The loan to value ratio is the ratio of:
- the annual payments on the loan divided by the market value of the mortgage.
- the actual amount of the mortgage (the amount paid to the borrower net of bonus or brokerage fees) divided by the actual value of the property.
- the market value of the mortgage divided by the market value of the property.
- the face value of the mortgage loan divided by the lending value of the property.
- the face value of the mortgage loan divided by the lending value of the property.
Which of the following statements about trust accounts under the Real Estate Services Act is true?
- Money paid by mistake into a trust may be withdrawn from the trust account without both parties agreement
- All clients funds must be placed in the trust account as soon as they are received by the Brokerage
- A Brokerage must have a separate trust account for each client
- Only the portion of the money received on behalf of a client can be reimbursed from the trust account
- All clients funds must be placed in the trust account as soon as they are received by the Brokerage
Elvin is purchasing Jeremy’s beach house in Tofino. Elvin having a difficult time getting enough financing, so he decided to give Jeremy his boat, valued at $21,000. Furthermore, he will be assuming Jeremy’s existing mortgage on the property. Elvin just paid deposit of $30,000 directly to Jeremy. Which of the following items will appear EITHER debit or credit on Jeremy’s statement of adjustment?
- Purchase price, property transfer tax, cash proceeds of sale
- Real Estate licensee’s commission, sale price, conveyance fees
- Deposit, assumption of the first mortgage, real estate commission
- Boat trade, deposit, property transfer tax
- Deposit, assumption of the first mortgage, real estate commission
A promise between the Buyer and the Seller known as:
- Consideration
- Warranty
- Offer
- Consent
- Offer
Which one of the following does NOT facilitate best negotiation principles:
- Framing the discussions around objective standards
- Focusing on stating and defending the position of each party
- Asking the other party exactly why they want what they want
- Being creative with the generation of ideas
- Focusing on stating and defending the position of each party
Canada’s Competition Act regards false or misleading advertisement
Which of the following is FALSE concerning the offense?
- Both the general impression of the representation as well as its literal meaning are relevant in determining whether a breach of the Act has taken place.
- This offense includes both oral and written representations made to the public.
- To escape liability, the accused must show that he or she took all the care that is a reasonable person would have taken to determine if the representation was true and that the accused, honestly believed it to be true.
- One test that the courts use to determine whether a statement is misleading in the context of real estate licensees is the “ diligent licensee” test.
- One test that the courts use to determine whether a statement is misleading in the context of real estate licensees is the “ diligent licensee” test.
- You have a partially completed appraisal report that you need to fill in. The 2,500 square foot subject property has an alarm system. The house next door is similar in all respects except for the square footage and alarm system. The 2,700 square foot comparable sold for $236,500 and does not have an alarm system. If the market value of an alarm system is $4,500 and, above a 2,000 sq. ft. benchmark, each 100 sq. ft. is worth $6,000, this comparable will have to be adjusted for an alarm system and square footage by:
$0 and -$6,000 respectively.
-$4,500 and +$6,000 respectively.
$0 and +$12,000 respectively.
+$4,500 and -$12,000 respectively.
+$4,500 and -$12,000 respectively.
The practice of recognizing expenses as they are incurred, rather than when they are paid for, is a characteristic of:
- the cost principle.
- the recognition principle.
- the matching principle.
- the conservation principle.
- the matching principle.
A balloon payment is any payment of:
- interest over and above regular interest payments, but only when it occurs during the term of the loan
- principal over and above the regular payments, whether it occurs during or at the end of the loan term
- principal over and above the regular periodic payments, but only when it occurs at the end of the loan term
- interest over and above regular interest payment, whether it occurs during or at the end of the loan term
- principal over and above the regular payments, whether it occurs during or at the end of the loan term
Which of the following would appear as a debit on the seller’s statement of adjustment?
- The amount of mortgage which the buyer will assume
- The legal fees involved to discharge a judgment from the seller’s title
- The amount of penalty owing for overdue taxes
- All of the above would appear as a debit on the seller’s statement
- All of the above would appear as a debit on the seller’s statement
Bonused mortgages are subject to specific legal requirements under the provisions of:
- Interest Act
- Consumer Protection Act
- Mortgage Act
- Mortgage Broker Act
- Consumer Protection Act
On December 21, Kate received an offer from Justin to buy Kate’s house for $249,000. The offer also stated that it would be open for acceptance until 11 am, December 31. Which of the following statements is TRUE?
- Justin cannot revoke his offer because he has promised that he will buy it by
certain time. - Justin offer represents an option agreement.
- If Kate makes a counter-offer for $250,000 and Justin rejects it, Kate may sue him for damages.
- If Kate makes a counter-offer, Justin’s offer is terminated.
- If Kate makes a counter-offer, Justin’s offer is terminated.
Which one of the following is NOT one of the legislated obligations imposed on a strata corporation under the Strata Property Act?
- The obligation to exercise the powers and perform the duties of the strata corporation.
- The obligation to obtain and maintain property insurance of the common property
- The obligation to prepare certain records such as minutes of annual and special general meetings and council meetings
- The obligation to manage the common property and common assets of the strata corporation for the benefit of the owners.
- The obligation to exercise the powers and perform the duties of the strata corporation