NC Closing a Sales Transaction Flashcards
When should the buyer receive keys to the property, absent any special agreement?
A)
Not until the checks all clear
B)
All of these
C)
At closing
D)
The weekend before closing
C)
At closing
Explanation
The buyer should receive the keys at closing, not the settlement meeting, absent agreement to the contrary.
Reference: Closing a Sales Transaction
The seller’s annual homeowner dues (covering the 12-month period of January through December) of $600 are paid in advance by the seller in January. What are the closing statement entries for an April 30 closing?
A)
Credit seller $400; debit buyer $400
B)
Debit seller $200; credit buyer $400
C)
Credit seller $600; debit buyer $600
D)
Debit seller $600; credit buyer $600
A)
Credit seller $400; debit buyer $400
Explanation
The calculation is: $600 ÷ 12 months = $50 per month × 4 months = $200 months = the seller’s share. The seller paid $600. The buyer owes $600 – $200 = $400.
Reference: Closing a Sales Transaction
The sales price is $95,000. The buyer secured a new loan of 80%. The entry or entries
A)
are credit buyer $76,000 and debit seller $76,000.
B)
is debit buyer $76,000.
C)
is credit buyer $76,000.
D)
are credit buyer $76,000 and debit seller $19,000.
C)
is credit buyer $76,000.
Explanation
The new loan of $76,000 ($95,000 × 80%) is money coming in to the buyer. The seller has nothing to do with this entry.
Reference: Closing a Sales Transaction
Who bears primary responsibility to ensure that the Closing Disclosure accurately reflects the Offer to Purchase and Contract (NCAR/NCBA)?
A)
The title insurance company
B)
The buyer’s lender
C)
The closing attorney representing the buyer
D)
The real estate brokers, no matter whom they represent
D)
The real estate brokers, no matter whom they represent
Explanation
The real estate brokers are responsible for verifying any information they should know from the contract. Certain lender costs would not be known to the brokers.
Reference: Closing a Sales Transaction
There is a listing agent on a home. At closing, which form(s) should the listing agent request for her review and files?
A)
ALTA disbursement form, if used
B)
Any of these used in the closing
C)
HUD-1, if used
D)
Closing Disclosures, if used
B)
Any of these used in the closing
Explanation
The listing agent needs to ask for any of the disclosure and disbursement documents used in the settlement. While there have been some issues getting the Closing Disclosures, it is expected that over time these will be available to agents to check for accuracy and to keep in their transaction files. In all cases, the listing agent needs to ask for them and, if denied any, make a note to file.
Reference: Closing a Sales Transaction
In a RESPA/TILA-related transaction, the form the buyer will receive from the lender, showing the cost of borrowing and the settlement costs to expect at closing is called
A)
Closing Disclosure
B)
ALTA Disbursement form.
C)
HUD-1.
D)
all of these.
A)
Closing Disclosure
Explanation
While is it possible for a borrower to see any of these, the Closing Disclosure comes from the lender, not the settlement agent. The HUD-1 or the ALTA Disbursement form may be used by the settlement agent.
Reference: Closing a Sales Transaction
If the buyer or the seller in a transaction is required to bring money to the settlement meeting, per the Closing Disclosure, which of the following applies?
A)
The funds must be in the form of a bank check, certified check, money order, or wire transfer.
B)
The funds may be in a personal check from either the buyer or the seller.
C)
The funds may typically be a loan from the buyer’s agent to the buyer.
D)
The funds may typically be drawn on a credit card at the settlement meeting.
A)
The funds must be in the form of a bank check, certified check, money order, or wire transfer.
Explanation
The North Carolina Bar Association will not allow an attorney to accept anything other than immediately available funds from a consumer at closing.
Reference: Closing a Sales Transaction
The MOST typical sequence of events for a residential transaction would be which of the following?
A)
Offer, appraisal and inspections, contract, insurances issued, settlement, closing, disbursement of funds
B)
Offer, contract, insurances issued, appraisal, due diligence, closing, disbursement of funds
C)
Offer, contract, appraisal and inspections, insurances issued, settlement, closing, disbursement of funds
D)
Offer, contract, due diligence inspections, appraisal and inspections, insurances issued, closing, settlement, and disbursement of funds
C)
Offer, contract, appraisal and inspections, insurances issued, settlement, closing, disbursement of funds
Explanation
The progression of events that begin with the offer and end with disbursement of funds follows the logical progression of offer then contract. A buyer would be ill-advised to spend funds on a house without a commitment from the seller. The settlement meeting is a prerequisite to closing.
Reference: Closing a Sales Transaction
The main reason why real estate brokers should not conduct real estate closings is that
A)
it is illegal.
B)
there is a conflict of interest.
C)
real estate brokers can’t give needed legal advice.
D)
real estate brokers cannot do math very well.
C)
real estate brokers can’t give needed legal advice.
Explanation
Only an attorney can do that, and often arising during a closing are issues requiring legal advice or contract interpretation.
Reference: Closing a Sales Transaction
The buyers owe $4,234 at closing. How should they pay at closing?
A)
Cashier’s check
B)
IOU
C)
Personal check
D)
Letter of credit
A)
Cashier’s check
Explanation
The Good Funds Settlement Act will not allow the closing attorney to disburse funds until all funds have cleared their account. Therefore, the Standard Offer to Purchase and Contract Form 2-T requires that funds brought to closing be either a bank or cashier’s check.
Reference: Closing a Sales Transaction
The sales price is $85,000. The buyer made an earnest money deposit of $2,500. What will the earnest money deposit entry be on the closing statement?
A)
Credit seller $2,500
B)
Credit buyer $2,500
C)
Debit seller $2,500
D)
Debit buyer $2,500
B)
Credit buyer $2,500
Explanation
The earnest money deposit is money the buyer has already produced and will be applied to the buyer’s account.
Reference: Closing a Sales Transaction
A family is selling their house for $105,000. They owe the real estate broker 7% commission and have a loan payoff of $56,000. The buyers are giving the family a $25,000 purchase money mortgage (PMM). Real property taxes ($1,800) and personal property taxes ($120) have been paid. The family will pay deed prep of $50 and excise tax. Using the 360-day bankers calendar, how much will the family net at closing on November 30?
A)
$66,540
B)
$16,540
C)
$16,240
D)
$16,390
B)
$16,540
Explanation
The sale price of $105,000 and tax proration of $150 are both credits to the seller. The broker’s commission, loan payoff, purchase money mortgage, deed preparation, and excise tax are all debits to the seller.
Reference: Closing a Sales Transaction
Which of these transactions would MOST likely be subject to the CFPB’s regulations?
A)
Home in a subdivision used as primary residence and being financed
B)
Home in a subdivision cash sale
C)
Office building purchase
D)
Large land tract cash sale
A)
Home in a subdivision used as primary residence and being financed
Explanation
CFPB regulations deal with TILA/RESPA-related loans. These will be residential loans.
Reference: Closing a Sales Transaction
What is the customary closing statement entry for the $450 closing attorney fee?
A)
Credit seller and debit buyer $450 each
B)
Credit buyer $450
C)
Debit buyer $450
D)
Debit seller and credit buyer $450 each
C)
Debit buyer $450
Explanation
A debit is a charge. The closing attorney is typically paid by the buyer, but it is negotiable in the contract, and each party could have an attorney that they would be responsible for paying.
Reference: Closing a Sales Transaction
An attorney in North Carolina is typically responsible for which of the following as they relate to a residential real estate transaction?
A)
Drafting the Offer to Purchase and Contract (NCAR/NCBA) for the buyer and the seller to sign, handling the closing, and recordation of the deed
B)
Searching the public records to ensure that the title is clear and insurable for the buyer, issuing an ‘‘opinion of title,’’ obtaining title insurance, and explaining the loan documents
C)
Preparing the sales contract, the Closing disclosure, and recording the deed
D)
Approving the Offer to Purchase and Contract (NCAR/NCBA) for the buyer, explaining it to the seller and coordinating inspection negotiations, as well as the settlement meeting and closing
B)
Searching the public records to ensure that the title is clear and insurable for the buyer, issuing an ‘‘opinion of title,’’ obtaining title insurance, and explaining the loan documents
Explanation
An attorney is not typically involved in a contract of sale until retained by the buyer to explain the lender documents, the closing disclosure, and the title status. The attorney then completes the necessary steps to closing and recording the deed.
Reference: Closing a Sales Transaction
The North Carolina Good Funds Settlement Act refers to which of the following?
A)
The seller must net enough funds from the proceeds of sale to clear all existing liens on the property.
B)
The buyer’s earnest money deposit and due diligence funds must clear before the contract is binding on either party.
C)
All of these.
D)
The seller’s proceeds are not disbursed, nor are any bills or fees in connection with the transaction paid, until the lender funds the buyer’s loan and all documents have been recorded.
D)
The seller’s proceeds are not disbursed, nor are any bills or fees in connection with the transaction paid, until the lender funds the buyer’s loan and all documents have been recorded.
Explanation
The North Carolina Good Funds Settlement Act prevents the closing attorney from disbursing any funds until the lender has agreed to fund the buyer’s loan after a final title search and all the documents have been properly recorded.
Reference: Closing a Sales Transaction
Who may perform a closing in North Carolina?
A)
The seller
B)
An attorney
C)
The buyer
D)
A real estate broker
B)
An attorney
Explanation
However, a title company may also conduct closing.
Reference: Closing a Sales Transaction
Annual real property taxes are $1,200 and have not been paid by the seller. The buyer will pay them later in the year. Closing is July 30. Using a 360-day bankers calendar, what are the closing statement entries?
A)
Credit seller $700; debit buyer $500
B)
Credit seller $500; debit buyer $500
C)
Debit seller $700; credit buyer $700
D)
Debit seller $700; credit buyer $500
C)
Debit seller $700; credit buyer $700
Explanation
The calculation is: $1,200 ÷ 12 months = $100 per month. The seller owes 7 months (January–July) = $100 × 7 = $700. The buyer will pay the entire $1,200 at the end of the year.
Reference: Closing a Sales Transaction