mock 5 Flashcards
Which of the following situations are consistent with the existence of a joint tenancy under current British Columbia law?
A. Bert and Ernest are co-owners of Whiteacre. The front half of the property is Bert’s and the back half is owned by Ernest.
B. Joan and Anna are co-owners of Greenacre. The document transferring the property to them does not expressly state how they hold the property or what interest each owns.
C. Paul, a co-owner of Blackacre together with Peggy, transferred his interest in the property to his son and registered the transfer in the land title office. Paul’s son is now a co-owner together with Peggy.
D. Herman was a co-owner of Blueacre. When Herman died, the surviving co-owners of Blueacre automatically became its only co-owners.
1. Only D
2. B and D
3. B, C and D
4. A, B and C
- Only D
Which of the following statements concerning the tort of negligence is TRUE?
- A duty of care owed by the defendant to the plaintiff exists when the plaintiff proves that negligence action is found to be a person whom the defendant ought by as someone likely to be injured by the defendant’s conduct.
- Where a duty of care exists, the relevant standard of care will be that which a reasonable person would take, in all the circumstances of the case.
- Where an employee is negligent in the performance of his or her duties of employment, the employer may be liable for any foreseeable damages under the principle of vicarious liability.
- All of the above statements.
- All of the above statements.
While inspecting a home that is to be used as security for a mortgage loan, you notice a lack of insulation in a number of areas that should be insulated. In noting this as an invisible defect, you would most likely consider it a defect:
- due to omission.
- due to design.
- due to improper maintenance.
- due to a non-continuous vapour barri
- due to omission.
A loan contract was written for a face value of $75,000 at J2 = 6% with a 20-year amortization and a 3-year term. Payments were to be made monthly in the amount of $534.15 and the outstanding balance at the end of the term was $68,565.67. A brokerage fee of $2,000 was deducted from the face value, so the funds actually advanced to the borrower were $73,000.00. What is the effective annual rate of interest on the funds advanced?
- . 6.9537620373%
- 5.92634551784%
- 7.17972600066%
- 9.01939166441%
- 7.17972600066%
Fanny Mac Ltd. purchased a small commercial building for $225,000 of which $100,000 was the value of the land. Fanny, the company president, felt this was an excellent deal because she would have been willing to pay as much as $250,000. One year later Fanny sold the property for $300,000.
If, at the time of purchase, the expected economic life of the building was 10 years, there was an estimated salvage value of $25,000 at the end of that time, and Fanny uses the straight-line depreciation method, what is the depreciation expense for the year?
- $10,000
- $12,500
- $20,000
- $25,000
- $10,000
Which of the following features would NOT be found in an R2000 home?
- Construction of a draft-free building envelope.
- Large, north-facing windows to absorb passive solar energy.
- The use of insulated doors instead of hollow doors.
- Installation of metal window frames with a thermal break.
- Large, north-facing windows to absorb passive solar energy.
Which of the following statutes affect the Real Property taxation system in BC: A. Land Transfer Form Act B. Hospital District Act C. School Act D. Income Tax Act
- B and C only
- A, B, and C only
- B and D only
- A and C only
- B and C only
“Replacement cost” is best defined as:
- the current cost of moving the building to a site where the building would represent the highest and best use of that site.
- the current construction cost of a building which would be the modern equivalent of the subject property.
- the current cost of constructing an exact replica of the subject property.
- the original cost of construction, adjusted for inflation.
- the current construction cost of a building which would be the modern equivalent of the subject property.
Upon satisfactory completion of initial registration of a manufactured home, the registrar issues a decal which must be affixed to the manufactured home. The decal:
- must be renewed every year.
- must be renewed every 3 years.
- is good for the lifetime of the home.
- must be replaced upon the sale of the home.
- is good for the lifetime of the home.
Martha Stuweart has recently became a limited partner in a limited partnership. It is important for her to know that in a limited partnership:
- the general partner has unlimited liability and carries on the business of the partnership.
- the income is taxed before it is distributed to the partners.
- a limited partner can actively be engaged in managing the business without any consequences to his or her partnership status.
- each limited partner is personally liable for all debts that the partnership incurs.
- the general partner has unlimited liability and carries on the business of the partnership.
Which of the following statements about the B.C. Torrens system are FALSE?
A. The fact that a charge is registered on title does not guarantee the validity of the charge.
B. A caveat that is registered on title will be effective until the party registered it removes it.
C. Documents must be in the form prescribed by statute law to be enforceable between the parties.
D. Trustees are shown on title as the registered owners of an estate or interest in land with no indication of the existence of the trust.
- A and C are false.
- B, C and D are false.
- A, C and D are false.
- All of the above are false.
- B, C and D are false.
Which of the following statements about foreclosure of a mortgage is False?
- The right of foreclosure refers to right of a mortgagee to apply to court for an order putting an end to the mortgagor’s equitable right to redeem the property after default.
- After an order absolute, if the mortgagee sells the property for an amount in excess of the total debt, including the costs of foreclosure, the mortgagee is required to pay over the excess to the mortgagor’s account.
- After granting of an order absolute, the mortgagee has no right to enforce the borrower’s personal covenant to pay unless the court first reopens the order absolute.
- After the granting of an order nisi of foreclosure, the property may be sold by judicial sale or alternatively, at the end of the redemption period the petitioner may apply to the court for an order absolute, after which the petitioner is entitled to have the title to the property transferred into his to her name.
- After an order absolute, if the mortgagee sells the property for an amount in excess of the total debt, including the costs of foreclosure, the mortgagee is required to pay over the excess to the mortgagor’s account.
Gary Broker has arranged a mortgage for the Smiths in the amount of $110,000. The loan call for quarterly payments based on 25 year amortization period and a contract rate of 10% per annum, compounded annually and with a 5 year term. Included in the face amount is Gary’s $2,200 commission and legal fees of $1,500. What is the cost of funds advanced to Smiths, expressed as an effective annual rate?
- 10.4720599804%
- 10.5414996612%
- 10.9744747596%
- 10.965581237%
- 10.965581237%
If, under a principal’s instructions, an agent makes certain representations concerning a property which are false to the knowledge of both the principal and the agent:
- the principal is liable because he or she explicitly authorized the tort.
- the agent cannot escape personal liability by arguing that he or she was authorized to commit the tort.
- the agent will be personally liable for the tort.
- All of the above will be applicable.
- All of the above will be applicable.
Different heating systems have different advantages and disadvantages. Which of the following
are advantages of a wood-fired space heater?
A. Reduced overall heating expense.
B. Convenient to use.
C. Provides both radiant and convection heat.
- A only.
- A and B only.
- A and C only.
- B and C only.
- A and C only.
One or more of the following statements are FALSE.
A. An agent’s authority to bind his or her principal depends entirely on the express authority given by the principal, and not upon implied, usual or customary authority.
B. A listing contract is a specialized form of agency contract.
C. Both real estate services representatives and real estate brokerages are “agents” under the common law of agency, when acting on behalf of a “principal”.
D. Real estate brokerages always work on behalf of the vendor in respect of a real estate transaction.
Which of the above statements are FALSE?
- All of the above statements.
- Only statements A, B and C.
- Only statements A and D.
- Only statement D.
- Only statements A and D.
Governments pass statutes in order to:
- change the common law.
- develop a system of precedent.
- alter the constitutional allocation of legislative authority between the federal and provincial governments.
- do all of the above.
- change the common law.
Pam and Tom own a piece of real property as joint tenants. Which of the following is FALSE?
- If Pam dies before Tom, her interest will pass immediately to Tom.
- Pam and Tom must each have an undivided interest in the whole of the property.
- . Because Pam and Tom are married, Pam cannot sever the joint tenancy by execution and registering a conveyance to herself.
- Pam and Tom must have obtained their interest from the same document.
3.. Because Pam and Tom are married, Pam cannot sever the joint tenancy by execution and registering a conveyance to herself.
How much should Brent Coates be willing to pay for a property that is expected to sell for $250,000 in 5 years if he desires a yield of not less than J2 = 10%
- $195,881.54
- $196,385.82
- $186,553.85
- $153,478.31
- $153,478.31
The owner of a small building has applied for a loan at ABC Bank. The property has a lending value of $500,000 and yields a net operating income of $65,497 per year, where the lender requires a debt coverage ratio of 1.3 and a 70% loan-to-value ratio. The loan will be amortized over 10 years with annual payments and the interest rate is 13% per annum, compounded annually. What is the maximum 10 year loan the owner will be entitled to from ABC Bank, rounded to the nearest dollar?
- $ 273,387
- $ 268,832
- $ 355,402
- $ 350,000
- $ 273,387
The owner of a small building has applied for a loan at ABC Bank. The property has a lending value of $500,000 and yields a net operating income of $65,497 per year, where the lender requires a debt coverage ratio of 1.3 and a 70% loan-to-value ratio. The loan will be amortized over 10 years with annual payments and the interest rate is 13% per annum, compounded annually. What is the maximum 10 year loan the owner will be entitled to from ABC Bank, rounded to the nearest dollar?
- $ 273,387
- $ 268,832
3 $ 355,402 - $ 350,000
- $ 273,387
Peter has put his house up for sale for $260,000. Harry and Sally have made an offer consisting of $95,000 cash and vendor supplied mortgage for the balance. The mortgage has a 15 year amortization and monthly payments over a 5 year term, at J2=11%. The market rate of similar mortgages is J2=12%. What is the market value of the offer?
- $251,582.17
- $254,483.01
- $254,185.22
- $320,672.01
- $254,483.01
Three years ago Harry Jamieson took out an interest only loan at the Bank of Shaquille. He originally borrowed $78,000 at the rate of 14.75% per annum, compounded semi-annually. Harry makes quarterly payment and has a five year term. What is the amount of Harry’s 13th payment?
- $2,825.09
- $2,876.25
- $11,505.00
- $11,300.36
- $2,825.09
When Uncle Steve moved out of his house and into a rest home, he decided to transfer his house to his favorite niece, Heather, and to her fiancé, Tommy, as a wedding gift. He wanted the house to stay in the family, but didn’t want to offend Tommy. After consulting with his good friend Lou, he made a deed which transferred ½ of his fee simple interest in the house to Heather and the other ½ to Tommy as life estate, with Heather as the remainderman. Finally, he told Tommy and Heather that the two would co-own the house as “joint tenants” so the house would really be a gift to the both of them. The next year, Tommy entered law school and was shocked to find that he and Heather did not own the house as joint tenants as Uncle Steve had intended. Which of the 4 unities required for joint tenancy never existed?
A. Unity of Time
B. Unity of Title
C. Unity of Interest
D. Unity of Possession
- B and C
- A, B, and C
- C only
- A and D
- C only
Which of the following statements regarding building envelope systems are true?
a. When a window is cracked, allowing a large amount of heat to escape from the home to the outside, it is known as a thermal broken window.
b. Polystyrene insulation is sprayed into wall cavities and attics through small drilled holes.
c. Window drafts can be alleviated by sealing the joints between the window and the wall with caulking.
d. Cellulose Fibre is made from shredded recycled newsprint, with chemicals added to prevent fungi and fire.
- Only statements a and c are true.
- Only statements c and d are true.
- Only statements a, b and d are true.
- All of the above statements are true.
- Only statements c and d are true.
Jake Touche wants to purchase a house that is listed for $76,000. The bank’s appraiser estimates that the lending value of the property is $71,000. Jake’s gross annual income is approximately $28,000 per year. The bank applies a 70% Loan-to-Value ratio and a Gross Debt Service ratio of 30%. Property taxes amount to $1,200 per year. Assume that the lender demands a twenty-five year amortization period and monthly payments at J12 = 15%. How much can Jake borrow?
- $49,700.00
- $46,844.60
- $54,652.04
- $48,148.46
- $46,844.60
Wally Walters has decided to sell his property, but first he wants to determine what the market value is. Unfortunately for Wally, he lives in a sparsely inhabited region where no similar properties have sold for quite some time. However, he does know the replacement cost (new) of his 2,600 square foot house is $42.50 per square foot. The land value estimated using the comparative method is $41,500.
Mr. Wally has not taken good care of his home, so it has depreciated in value. There has been $16,300 of curable physical depreciation. The bathroom and kitchen fixtures, however are out-dated and their replacement cost is $13,200.
What is the market value of his property?
- $122,500
- $81,000
- $152,000
- $135,700
- $122,500
An example of a wood frame exterior wall buildup (from the inside outwards) would include:
- interior finish, vapour barrier, insulation, the wood frame, plywood sheathing, building paper, and exterior siding
- exterior siding, building paper, plywood sheathing, the wood frame, insulation, vapour barrier, and interior finish.
- insulation, exterior siding, plywood sheathing, the wood frame, building paper, vapour barrier, and wallpaper.
- vapour barrier, paint on drywall, insulation, building paper, the wood frame, insulation, and interior finish.
- interior finish, vapour barrier, insulation, the wood frame, plywood sheathing, building paper, and exterior siding
In British Columbia there are three basic requirements for an easement. Which one of the following is not a requirement?
- The easement must be negative in nature.
- The easement must accommodate the dominant tenement.
- There must be both dominant and servient tenements.
- The easement must be capable of forming the subject matter of a grant.
- The easement must be negative in nature.
In which one of the following situations may the landlord choose to give the tenant one month’s notice of the end of the tenancy agreement?
- Charles is renting a one-bedroom apartment in the West End of Vancouver on a month-to-month basis. He has been diligent in paying his rent on the due date each month but the landlord has recently discovered that Charles’ friend, Christine, has moved into the apartment with him.
- Jordan’s warehouse is long overdue for a major renovation which cannot be completed with the present tenant in occupation. Aladdin, the tenant, has four months left on his term certain tenancy and does not wish to move.
- On September 1st, Kirsten moved into a small house owned by Jackson without paying the security deposit of $300 requested by the rental agent and according to the terms of the tenancy agreement. On September 30th she tenders $600 for the October rent but refuses to pay the additional $300 for the security deposit.
- MacGregor’s son is moving to Vancouver and wants to live in an apartment which MacGregor owns and has rented out to Mrs. Julian for the last twenty years.
- On September 1st, Kirsten moved into a small house owned by Jackson without paying the security deposit of $300 requested by the rental agent and according to the terms of the tenancy agreement. On September 30th she tenders $600 for the October rent but refuses to pay the additional $300 for the security deposit.
Nicolette, an employee of Industrial Solvent Ltd. is in the habit of venting a cloud of highly toxic gas into the air at dusk every evening. Once it escapes, the cloud usually drifts over Ralph’s apple orchard. Nicolette’s actions are strictly against company policy but by venting the gas Nicolette saves time. Nicolette is aware that the gas is highly toxic. Ralph has discovered that the emissions have destroyed his apple crop.
Which one of the following statements is False?
- Industrial Solvents may be liable for Nicolette’s acts because Nicolette was acting contrary to XYZ’s rules.
- The Occupiers Liability Act will be of no assistance to Ralph’s claim.
- Ralph will not will not have any remedy against Nicolette personally.
- Ralph may be successful in a claim against Industrial Solvents based on the principles of private nuisance.
- Ralph will not will not have any remedy against Nicolette personally.
Which one of the following is NOT a requirement to establish misrepresentation in contract law?
- There must be an assertion of fact.
- The assertion must be false.
- The assertion must have been material to the formation of the contract.
- The assertion must be in writing.
- The assertion must be in writing.
Which one of the following is NOT an implied term of a mortgage?
- The borrower is entitled to redeem the mortgage within a reasonable time.
- The borrower is entitled to redeem the mortgage free from all conditions or terms of the mortgage contract.
- The borrower is entitled to assign the mortgage.
- The borrower is free from any unreasonable collateral advantage required by the lender.
- The borrower is entitled to assign the mortgage.
A loan has a face value of $450,000, a term of 5 years, and an interest rate of 9% per annum, compounded annually with payments set at $12,000.00 per quarter. What is the period necessary to amortize the loan?
- approximately 20 years
- exactly 78.4757458906 years
- approximately 20 quarters
- None of the above.
- approximately 20 years
which of the following statements regarding the comparative method of appraisal is TRUE?
- The comparative method of appraisal should be used in the property possesses latent value
- To apply the comparative method of appraisal, the appraiser estimates the market value of the subject property using as evidence the sale prices of similar properties which would be sold at any time prior to the appraisal
- The comparative method of appraisal is the most inexact approach for finding market value since cost and market value are not necessarily equal at any particular time
- The comparative method reflects market behavior and requires a minimum of subjective opinion from the appraiser.
- The comparative method reflects market behavior and requires a minimum of subjective opinion from the appraiser.
Mario is arranging a third mortgage with Shady Financiers, a local finance company. The loan amount is $22,000, the interest rate is 19.75 per annum compounded semi-annually, the amortization period is 15 years and the contractual term is 5 years. If the monthly payments are rounded up to the next higher $10, calculate the outstanding balance at the end of the term.
- $19,743.29
- $19,826.90
- $19,334.45
- $41,826.9
- $19,826.90
Which one of the following factors is MOST likely to affect the value of residential real property in the short run?
- shifts in age composition of the population
- a change in mortgage interest rates
- a shift in the balance of trade between countries
- the supply and cost of raw materials and energy
- a change in mortgage interest rates
Sam and Sally recently negotiated a second mortgage in the amount of $24,000 at an interest rate of 19% per annum, compounded semi-annually. The loan is to be amortized over twenty years by equal monthly payments.
What is the size of the monthly payment to be made by Sam and Sally?
- $357.74
- $369.74
- $375.74
- $388.97
- $375.74
A local mortgage broker has arranged a mortgage in the amount of $240,000. The borrower has agreed to pay a brokerage fee of $8,999.82 which is to be added to the loan amount, giving a face value of $248,999.82 for the loan.
The mortgage bears interest at a contract rate of 18% per annum, compounded quarterly. The mortgage has a term and amortization period of 25 years. The loan is to be repaid using monthly payments. The equivalent periodic interest rate, expressed as a rate per month on the funds advanced is:
- 1.53649446786%
- 1.42140087486%
- 1.50410643789%
- 1.67322516185%
- 1.53649446786%
Rapid Roy Construction Company recently purchased $32,000 worth of new equipment. Rapid Roy expects to sell the equipment at the end of 15 years for $4,000. What is the annual depreciation expense, according to the straight line method?
- $1,750.87
- $1,866.67
- $2,400.00
- $2,133.33
- $1,866.67