Need to Study - Incorrect Q&As Flashcards

1
Q

Rent adjusts payment amounts on a predetermined schedule

A

Graduated Lease

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2
Q

A fiduciary relationship exists in what type of agency?

A

Any Agency

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3
Q

Estate of Indeterminate duration

A

freehold

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4
Q

Joe Gomez died without known heirs, and his estate is turned over to the state, which is known as reversion by _____________

A

Escheat

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5
Q

The ________ in a legal property description is: The reference point, line or surface used in surveying air rights

A

Datum

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6
Q

A real estate broker has earned a commission when ______

A

When seller accepts the offer of the buyer

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7
Q

Who offers mortgages on the primary market?

A

A Portfolio Lender

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8
Q

MLS Requirement

A

Brokers split commission (split is negotiable)

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9
Q

What is a debit to the buyer at closing

A

Title Insurance

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10
Q

A person is given interest in a property for duration of someone elses life is called ___________

A

Pur Autre Vie

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11
Q

What is not true for highest and best use of property

A

conformity to surrounding

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12
Q

Type of zoning for a developer wishing to set aside open space in subdivision she is building

A

Cluster Zoning

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13
Q

Leach fields are used to dispose of ___________

A

Sanitary Wastes

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14
Q

Type of mortgage that doesn’t have a pre-payment penalty

A

Open Mortgage

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15
Q

What guarantees the right of private ownership of real estate in the United States?

A

Constitution

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16
Q

Surface rights, air rights and subsurface rights are

A

Separable

17
Q

A doctrine that gives the state control of water use and the water supply

A

Doctrine of Prior Appropriation

18
Q

The overriding test of whether an item is a fixture or personal property is

A

its definition as one or the other in a sale or lease contract.

19
Q

A plant or crop that is considered personal property

A

Emblement

20
Q

Trade Fixtures are Real or Personal Property?

A

Personal Property

21
Q

A ________ interest cannot be conveyed by ones spouse

A

Homestead

22
Q

A widow who was excluded from a will makes a claim to a portion of the couple’s principal residence

A

Elective Share

23
Q
  1. Joint tenants _____ will their property outside tenancy

2. Tenants in common _____ will their property outside tenancy

A
  1. Cannot

2. Can

24
Q

Essential Parties in Estate in Trust

A
  1. Trustor
  2. Trustee
  3. Beneficiary
25
Q

A unique feature of a land trust is

A

Identity of the beneficiary may not be identified

26
Q

According to contract law, every valid contract is also

A

Enforceable or Unenforceable

27
Q

The guardian for a mentally incompetent party enters into an oral contract with another party to buy a trade fixture. This contract

A

is possibly valid and enforceable.

28
Q

As part of a construction contract between a contractor and a buyer, the contractor promises
to complete construction by November 20. This promise can be construed as

A

Valuable Consideration

29
Q

Which of the following contracts must be in writing to be enforceable?

a. A parol contract.
b. A six-month lease.
c. A two-year lease.
d. An executory contract.

A

c. Two-year lease (Over 1 year)

30
Q
  1. A good example of a unilateral contract is
    a. an option to purchase.
    b. a listing agreement.
    c. a personal services agreement.
    d. a sale contract.
A

a. option to purchase

31
Q
  1. A contract is discharged whenever
    a. there is a cooling period.
    b. both parties have signed it.
    c. it is performed.
    d. the parties agree to their respective promises.
A

c. it is performed

32
Q

Validity of a Conveyance Contract

A
  1. Writing
  2. Legal Description
  3. Signed by one or more parties
33
Q

In obtaining offers from a buyer an agent must be careful to

A

AVOID disclosing what price the owner will accept