OR- ASSESSMENT Flashcards
Chrissy lives in Lake Ridge Estates, a neighborhood in which vinyl siding may not be used on homes. This HOA regulation is what kind of private land control?
- CC&R
Conditions, covenants, and restrictions apply to an entire subdivision, while deed restrictions apply to a specifically named property.
- CC&R
- Deed restriction
- Law
- Regulation
In Oregon, a promissory note used as earnest money ______.
* Comes due when the seller accepts the offer or at another agreed upon time
Promissory notes come due at, or within a specific amount of time after, the seller accepts the offer.
- Comes due at closing
- Comes due when tendered
* Comes due when the seller accepts the offer or at another agreed upon time - Is non-negotiable
As an Oregon licensee acting as a limited agent for two parties in the same transaction, which of the following is the licensee required to do?
* Disclose conflicts of interest in writing to all parties.
Oregon licensees engaged in a limited agency relationship are required to disclose in writing any existing or potential conflicts of interest to all parties.
- Advocate for the best interests of the primary client after disclosing it to the secondary client.
* Disclose conflicts of interest in writing to all parties. - Disclose motivations to buy or sell if they would be relevant to the bargaining position of either party.
- Unless expressed as confidential in writing, disclose whether one client will accept less favorable terms or price to the other.
Which of the following must be approved by a planning department in Oregon before the development of a subdivision can begin?
* Plat
Subdivision development requires submission of a plat to the local planning department, which must be approved by the planning department before development may begin.
- Percolation map
- Planning map
* Plat - The vacant land purchase contract
John and Amy purchased a builder’s home warranty when they bought their home. They have found structural damage that could be a detriment to their home. On average, how many years does a home warranty cover structural damage?
* 10 years
Structural damage can take a while to appear, so homeowners will want to file a claim if it’s a decade
or less.
* 10 years
* Five years
* One year
* Three years
Structural damage can take a while to appear, so homeowners will want to file a claim if it’s a decade or less.
How many days do Oregon real estate brokers have to submit paperwork to their principal real estate broker?
- ** Three banking days**
Oregon administrative rules require that brokers submit all real estate activity documents to their principal broker within three banking days of receipt.
- Seven banking days
- Seven calendar days
* Three banking days - Three calendar days
Oregon administrative rules require that brokers submit all real estate activity documents to their principal broker within three banking days of receipt.
Who may be the identified person as the responsible party for a registered business name in Oregon?
- ** A principal broker or property manager**
Either a licensed principal broker or a licensed property manager must be identified as the responsible
individual for a registered business name. Designating an individual ensures that notifications regarding the registered business are sent to the appropriate person.
- Any licensee
- Anyone associated with the firm
- A principal broker only
- ** A principal broker or property manager**
What factors does the underwriter consider in reviewing a mortgage loan application?
* Credit, capacity, and collateral
Underwriters review the borrowers credit score and history, capacity to repay the loan, and collateral.
- Capacity, collateral, and criminal record
* Credit, capacity, and collateral - Credit, capacity, and collections
- Credit, credentials, and collateral
Underwriters review the borrowers credit score and history, capacity to repay the loan, and collateral.
Drew and Hank were camping at Hank’s riverfront cabin. Hank told Drew that he rarely used the cabin and was thinking of selling it. Drew said that he’d buy it from Hank for $80,000, which Hank agreed was a fair price. It’s two months later, and Hank is upset that Drew now says he won’t buy it. Why isn’t this contract enforceable?
* Real estate contracts must be in writing.
The statute of frauds requires that real estate contracts be in writing. Drew’s offer was oral and thus didn’t create an enforceable contract.
- Drew didn’t have the financial resources to make the offer.
* Real estate contracts must be in writing. - There was no offer and acceptance.
- This wasn’t a legal purpose.
The statute of frauds requires that real estate contracts be in writing. Drew’s offer was oral and thus didn’t create an enforceable contract.
A buyer and a seller signed a sales contract with a definite closing date of May 15. If the buyer needs to move the closing date to June 15, what document would the buyer use to make this change?
- ** Amendment**
When added, an amendment changes the original terms of the sales contract. This is unlike an addendum, which may be added without changing other terms already agreed to in the sales contract.
- Addendum
- ** Amendment**
- Annotation
- Appendix
Ashton, an appraiser, is estimating value using the sales comparison approach. He applies more weight to two comparables over several others he used. What process is he utilizing?
- ** Reconciliation**
Through the reconciliation process, the most weight may be given to one or two comparables, or equal weight may be given to all. The term correlation is often synonymous with reconciliation. Another term for this is weighted averaging.
- Averaging
- Bracketing
- Conformity
- ** Reconciliation**
Through the reconciliation process, the most weight may be given to one or two comparables, or equal weight may be given to all. The term correlation is often synonymous with reconciliation. Another term for this is weighted averaging.
How long after completion can a contractor file a construction lien?
- ** Within 75 days**
A contractor has up to 75 days after a notice of cessation or completion is filed by the owner to file a construction lien.
- Within 120 days
- Within 30 days
- ** Within 75 days**
- Within 95 days
A contractor has up to 75 days after a notice of cessation or completion is filed by the owner to file a construction lien.
To be an effective property manager, a licensee must be familiar with a variety of ______.
- ** Lease agreements**
Property managers must be familiar with many types of lease agreements in order to be effective.
- Agency disclosures
- Employment contracts
- Independent contractor agreements
- ** Lease agreements**
Property managers must be familiar with many types of lease agreements in order to be effective.
Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 states that its purpose, in part, is to require that real estate appraisals used in connection with federally related transactions be performed ______.
- ** In writing, and in accordance with uniform standards**
FIRREA helps to regulate the ways that lenders value real property by requiring that appraisals be done by licensed, qualified personnel, and that the appraisal report be in writing.
- By licensed real estate professionals
- By members of the Appraisal Foundation
- In the most expeditious and inexpensive way possible
- ** In writing, and in accordance with uniform standards**
FIRREA helps to regulate the ways that lenders value real property by requiring that appraisals be done by licensed, qualified personnel, and that the appraisal report be in writing.
Which of these situations represents the illegal practice of blockbusting?
* Corbin tells homeowners in Five Points that an impending influx of Asian immigrants will reduce property values.
Blockbusting is the practice of convincing homeowners that a demographic shift could result in reduced property values or the inability to sell their properties
- Celia, a licensee, distributed a flyer in several neighborhoods, claiming that gentrification of those neighborhoods will increase property values.
* Corbin tells homeowners in Five Points that an impending influx of Asian immigrants will reduce property values. - Estelle, a broker, warns potential clients about the upcoming zoning change in a neighborhood that is currently zoned as residential.
- Kian, a mortgage broker, refuses to underwrite mortgage applications from applicants who are Hispanic or Asian.
An easement dictates that property owner A gives the right to property owner B to use a portion of the property. Which term describes property A?
- ** Servient estate**
Property A is the servient estate. It serves the dominant estate, Property B.
- Domain estate
- Dominant estate
- Service estate
- ** Servient estate**
Property A is the servient estate. It serves the dominant estate, Property B.
A local buyer is purchasing a property for $120,000. What will the seller pay in transfer tax if the rate is $.37 per $100?
** $444**
In this situation, the transfer tax rate is $0.37 per $100. This is the same thing as .0037, which makes it easy to multiply. Multiply the transfer tax (.0037) by the value of the property ($120,000)
- $370
- $3,700
- $4,400
- ** $444**
In this situation, the transfer tax rate is $0.37 per $100. This is the same thing as .0037, which makes it easy to multiply. Multiply the transfer tax (.0037) by the value of the property ($120,000)
Ashish is purchasing a bank-owned property. His real estate agent tells him the bank is offering insurable, not marketable, title. What does this mean to Ashish?
* Insurable title is one that may have known defects but is still insurable. Ashish should carefully review the title policy.
An insurable title may be acceptable to a buyer, depending on any known defects that are outlined in the policy.
- An insurable title has uncurable title defects, so Ashish should terminate his contract.
- Insurable title carries a higher standard of assurance than marketable title, so Ashish shouldn’t be concerned.
* Insurable title is one that may have known defects but is still insurable. Ashish should carefully review the title policy. - The title company will include any easements or other title defects as exceptions on the policy, which is a concern for Ashish.
Three sisters owned a vacation home two blocks from the beach. Sadly, one sister passed away over the winter, so when summer arrived, the other sisters shared the home with a nephew, to whom one sister willed her share of the property. What type of ownership is this?
* Tenancy in common
This is a form of shared ownership, but only tenancy in common provides for inheritability—the other forms share the rights of survivorship (the existing tenants assume the deceased’s share of the property).
- Estate in severalty
- Joint tenancy
- Tenancy by the entirety
* Tenancy in common
This is a form of shared ownership, but only tenancy in common provides for inheritability—the other forms share the rights of survivorship (the existing tenants assume the deceased’s share of the property).
Leo’s client is looking for a property with at least 2,500 finished square feet. Leo finds a 2,200-square-foot property with all the other features the client is looking for, and purposely doesn’t mention the square footage to his client. His client agrees to look at the property, falls in love with it, and wants to make an offer, but does not realize it doesn’t contain his desired square footage. Which of these statements accurately represents Leo’s level of misrepresentation in this situation?
- Leo knew about the square footage and intentionally didn’t mention it. He’s guilty of intentional misrepresentation.
Leo knew the square footage was short, and he intentionally didn’t mention it to the buyer. Therefore, he’s guilty of intentional misrepresentation.
- Because Leo didn’t state the square footage, he’s not guilty of misrepresentation.
- It’s the buyer’s responsibility to ensure that the property has the proper square footage, so Leo’s in the clear.
- Leo accidentally omitted a material fact. This is considered unintentional misrepresentation.
- Leo knew about the square footage and intentionally didn’t mention it. He’s guilty of intentional misrepresentation.
After several months on the market, your seller client, Porter, accepted an offer for his home that was significantly less than he was hoping for. A week later, you receive another offer for the full list price. What’s your legal duty in this situation?
* You must present the offer immediately to your client.
Your legal obligation as a seller’s agent is to present all offers immediately, even if the seller has already accepted an offer.
- You must advise your client to cancel the current contract so you can present the new offer to him
- You must keep the offer as a backup and present it only if the current contract is terminated.
* You must present the offer immediately to your client. - You must reject the offer on behalf of your client.
Nadia Seymore is a property manager whose contract with the owner of the Genie Bottle apartment complex just terminated today. What is she obligated to do for the apartment tenants?
* Within one day, inform them that their money will be turned over to another party.
The day after the termination date the property manager must notify each tenant who has a security deposit held in trust that those funds will be turned over either to the property owner or another person, agent, or property manager.
- Nadia has no obligation to the tenants.
- Return their deposits within 30 days.
- Within 30 days, complete a ledger accounting for how their money has been spent during her tenure as property manager.
* Within one day, inform them that their money will be turned over to another party.
Which of the following questions can an agent in a dual agency transaction answer without breaching her duties to either client?
* Are you aware of any structural issues with the property?
The agent can (and is required to) answer questions from both clients regarding material or adverse material facts.
- How much should my counter-offer to the buyer be?
- What repairs or concessions should I ask for from the home inspection?
- What should I agree to fix from this list the buyer sent?
Gene has lived in his Medford apartment for 15 months with a month-to-month lease. Archie, Gene’s landlord, has decided to terminate the lease for so he can move in. How long must Archie give Gene to vacate the apartment?
- ** 90 days**
Renters who have resided in a unit for more than 12 months, and who are being evicted for a landlord-based for-cause reason, must be given 90 days’ notice in Oregon.
- 14 days
- 30 days
- 60 days
- ** 90 days**
Renters who have resided in a unit for more than 12 months, and who are being evicted for a landlord-based for-cause reason, must be given 90 days’ notice in Oregon.