Module 6 Flashcards
A void contract:
a. is enforceable, valid and binding until one of the parties decides to cancel that agreement.
b. is actually not a contract at all.
c. can be enforced by court.
d. is valid, but capable of being cancelled if both parties agrees to do so.
B
Which of the following statements is correct?
a. The minimum time period in which a status certificate must be provided to anyone requesting it is 5 days.
b. Condominium rules can be created, amended or repeated by the Board of Directors, subject to certain procedures set out in under the Condominium Act.
c. If a condominium owner has a complaint involving the Board of Directors, that complaint would be dealt with by the Condominium Management Regulatory Authority of Ontario.
d. A reserve fund study is only required when new residential condominium corporation is originally registered.
B
A structure that lawfully existed before the current zoning bylaw is best described as (an):
a. minor variance c. legal non-conforming structure.
b. legally exempted structure d. pre-authorized structure.
C
Privity of contract is a legal term that means:
a. a witness can enforce a contract signed by a buyer and a seller.
b. a real estate brokerage acting for a buyer and seller in the sale of a home can enforce an agreement made between the buyer and the seller.
c. all contracts for the sale of land must be in writing.
d. only the parties to a contract can enforce that contract.
D
Seller Newman recently sold his home unconditionally to Buyer Rowell. In the day of closing, the fails to close. Newmann believes that this is due to insufficient funds. The buyer state that he may be able to close within 30 days, Newmann’s lawyer informs the seller that, in his opinion, the buyer’s action’s (or more appropriately, his actions ) go to the root of the contract. As such, if the buyer is correct in his opinion, the seller:
a. has no legal recourse for damages, given that the buyer has little or no money.
b. must provide the buyer an additional time period to come up with the funds.
c. has the right to sue for damages, but cannot extricate himself from the contract with the buyer.
d. has the right to sue for damages and also extricate himself from contract with the buyer.
D
If owner Blanchford has a complaint relating to the management company of his condominium corporation, the complaint:
a. would automatically be referred to a Discipline Hearing.
b. would be addressed by the Condominium Management Regulatory Authority.
c. must first be reviewed by the Board of Directors of that condominium complex.
d. would be addressed by the Condominium Authority of Ontario.
B
The Planning Act is administered by the:
a. Ministry of Land Planning and Development.
b. Ministry of Public and Business Service Delivery.
c. Ministry of Natural Resources and Forestry.
d. Ministry of Municipal Affairs and Housing.
D
Two primary documents must be registered for a condominium:
a. a description and charge/mortgage of land.
b. a reserve fund study and a plan of survey.
c. a declaration and transfer/deed of land.
d. a declaration and description.
D
If a customer has provided their name, address and contact details to a brokerages.
a. that individual must comply with CASL procedures when requesting a change to their personal information held by the brokerage.
b. that individual cannot check on the accuracy of the information once it is given to the brokerage.
c. he or she can only change the information if the broker of record agrees to do do.
d. he or she has the right to contact the brokerage to view and/or change the information on file.
D
Which of the following statements is correct regarding land use planning zoning?
a. If the minimum lot frontage is 40 feet and an owner with a 39.5 - foot lot frontage, he or she would typically make application for a minor variance.
b. A committee of adjustment would never grand land severances.
c. All municipalities in Ontario use the same classes and sub-classes within the zoning bylaws.
d. If an owner wants to add an addition to her home, setback requirements and height restrictions would not be an issue when obtaining municipal approval.
A
Salesperson Todd is conducting an open house and has a guest registry book which contains three columns for name, address and telephone number. Each prospect visiting the property is asked to complete these details. Based on your knowledge, which of the following is true?
a. Salesperson is not allowed to ask for this information at an open house.
b. The requirements to obtain the consumer’s consent at an open house is specific exemption under federal privacy legislation.
c. The information provided is not deemed to be personal information and collect it, provided is not deemed to be personal information under federal privacy legislation.
d. Salesperson Todd is allowed to ask for this information and collect it, provided that the consumer’s consent is obtained.
D
A committee responsible for granting minor variances under the Planning Act is called a:
a. committee of adjustment.
b. committee of approval.
c. a minor variance committee.
d. committed of municipal affairs.
A
Unit owners in a condominium:
a. own the common elements as joint tenants.
b. own a proportionate interest in the common elements as set out in the description.
c. are not required to pay common expenses, if they opt out of using those common elements.
d. have an ownership interest in the common elements as tenant-in-common.
D
The right of non-owner spouses are addressed in the Family Law Act in relation to matrimonial homes. Which of the following would NOT require non-owner spousal content?
a. Adding an attached garage to the matrimonial home.
b. Registering a charge/mortgage of land against, the matrimonial home.
c. An unconditional agreement for the sale of matrimonial home.
d. A seller representation agreement for the listing of matrimonial home.
A
Appeals concerning land planning-related decisions made by a municipality are typically handled by the:
a. Ministry of Municipality Affairs’ and Housing.
b. Local Planning Appeal Tribunal.
c. Local Municipality.
d. Ministry of Planning Appeals.
B
