PA Real Estate U Practice pt.2 Flashcards
The responsibility of the broker to an independent contractor salesperson
Supervision, reporting salesperson’s commission to the IRS, providing salesperson with independent contractor agreement
Terry has just sold a $900,000 home for their client. The listing agreement state that Terry would recieve a 6% commission. Terry agreed to do a 50/50 split with the buyer’s broker. What is the final broker’s commission that Terry will recieve after the split with the buyer’s broker?
900,000 * .06 = 54,000 / 2 = 27,000
Process by which all the parties to a real estate transaction conclude the details of a sale or mortgage. The process includes the signing and transfer of documents and distribution of funds.
Closing
A property recently sold for $480,000. What is the commission owed if the seller agreed to a 4% commission rate?
480,000 * .04 = 19,200
First-time home buyers want to buy a house they can afford. They have no idea what they might qualify for, and their agent said they should get pre-qualified before they begin looking at houses. Who do they need to talk to?
A mortgage broker or banker
As a means to exercising precaution, an agent should have a prospective buyer do this before viewing a property
Obtain a pre-approval from a lender
the supply of willing and able consumers, which can be few or numerous.
Demand
Lays out both the obligations of the broker and the duties of the salesperson
independent contractor agreements
What type of property is a factory considered?
Industrial
What form of payment does the IRS allow a broker to pay their salespeople?
A percentage of commission received from a transaction the salesperson has worked on.
Where should an agent meet with a prospective buyer prior to showing any properties?
At the agent’s office.
What factors can affect the definition of zoning definitions?
The community, county, or state the property is in.
The amount of a certain good or service that is available in the market is known as what?
Supply
For real estate agents, liability insurance is written on a ___ basis
by-claim
A history of conveyances and encumbrances affecting the title from the time the original patent was granted, or as far back as records are available, used to determine how title came to be vested in current owner.
Chain of title
A summary of all transfers, conveyances, legal proceedings, and any other facts relied on as evidence of title, showing continuity of ownership, together with any other elements of record which may impai title.
Abstract of Title
A title which a reasonable purchaser, informed as to the facts and their legal importance and acting with reasonable care, would be willing and ought to accept
Marketable Title
An attorney’s written evaluation of the condition of the title to a parcel of land after examination of the abstract of title
Opinion of Title
Insurance to protect a real property owner or lender up to a specified amount against certain types of loss, e.g. defective or unmarketable title.
Title Insurance
Lauren has just acted as salesperson for the seller on a $450,000 home, with a 6% commission. The buyer’s broker on the sale had agreed to a 50/50 split, and Lauren has a 50/50 split with her broker. How much money will Lauren receive from this transaction?
450,000 * .06 = 27,000 *.05 = 13,500 * .05 = 6,750
A person or organization acting as the agent for others in negotiating the purchase and sale of real property for a fee is known as:
Real estate broker
A salesperson and their sponsoring broker agree to a 50/50 commission split. If a property sells for $520,000 with a 6% commission, how will the salesperson earn on the deal if the broker also splits the comission with the buyer’s broker at 50%?
520,000 * .06 = 31,200 *.50 = 15,600 * .50 = 7,800
An agreement between members of a trade to exclude other members from fair participation in the trade.
Group Boycott
Conspiring to establish fixed fees or prices for services or products
Price fixing
An agreement between members of a trade to refrain from competition in specific market areas
Market allocation
Federal legislation including the imposition of civil and punitive damages for anti-trust activities.
Sherman Anti-Trust Act
A contract where transaction depends upon another
Tie-in Arrangement
The practice on the part of unscrupulous speculators or real estate agents of including panic selling of homes at prices below market value, especially by exploiting the prejudices of property owners in neighborhoods in which the racial make-up is changing or appears to be on the verge of changing.
Blockbusing
An illegal lending policy of denying real estate loans on properties in older, changing urban areas, usually with large minority populations, because of alleged higher lending risks without due consideration being given by the lending institution to the credit worthiness of the individual loan applicant.
Redlining
A federal law requiring the disclosure to borrowers of settlement (closing) procedures and costs by means of a pamphlet and forms prescribed by the United States Department of Housing and Urban Development
Real Estate Settlement Procedures Act (RESPA)
The practice in which real estate brokers guide prospective home buyers towards or away from certain neighborhoods based on their race. This practice is highly illegal.
Steering
Volunteers from state or private agencies who enforce fair housing by claiming to be home seekers, thereby finding out of brokers deal fairly with all clients/customers
Testers
Houses in Bellvue have a history of selling for over $200,000, but the market has hit a slump recently. Over the last 12 months, the average sale price has dropped to under $150,000. A group of real estate agents get together and decid that none of them will sell a Bellvue home for less than $200,000. This is considered what type of illegal activity?
Price Fixing
Under the Fair Housing Act, it is illegal to deny entry into what?
the MLS
If a lender refuses to lend money to purchase a home in a specific area based only on the demographic makeup of the neighborhood, they could be accused of what?
Redlining
The Fair Housing Amendments Act of 1974 made it illegal to discriminate on the basis of what?
Sex
A bookkeeping entry on the right side of an account, recording the reduction or elimination of an asset or an expense, or the creating of or addition to a liability or item of equity or revenue.
Credit
Adjustments of interest, taxes, and insurance, etc., on a pro rata basis as of the closing or agreed upon date.
Proration
Penalties for violating an anti-trust law include:
Up to three years in jail, up to a $1M fine for a business, or up to a $100,000 fine for an individual
In order to be exempt fro the FHA, a single family homeowner can sell or rent one home in how many years?
2 years
This type of property is not covered by the FHA
Single family homes, when the owner owns less than 3 properties.
The Pennsylvania Human Relations Act is administered and enforced by:
Pennsylvania Human Relations Commission
Created to help enforce the Sherman and Clayton Anti-Trust Laws
The Federal Trade Commission Act
A neighborhood in a city has suddenly become very popular. The area had previously been primarily served by two established real estate agencies, but the surge in popularity has brought more agents wishing to do business in the area. The two established agencies agree to only share listings with each other, and not with any of the newer agencies that have come to the neighborhood. What are the two agencies guilty of?
Group Boycott
The practice of panic selling of homes at prices below market value, especialy by exploiting the prejudices of property owners in neighborhoods in which the racial make-up is changing or appears to be on the verge of changing.
Blockbusting
According to RELRA, how old must one be to become a real estate broker?
21
An illegal lending policy of denying real estate loans on properties in older, changing urban areas, usually with large minority populations, because of alleged higher lending risks without due consideration being given by the lending institution to the credit worthiness of the individual loan applicant
Redlining
The exemption under the FHA that applies to buildings with four or fewer units in which the owner lives in one of the unit us often referred to as:
The Mrs. Murphy exemption
Housing for Older Persons Act (HOPA) defined housing for older people who are what age?
55 and up
A change to a building or facility that affects or could affect the usaility of the building or facility or portion thereof. Include, but are not limited to, remodeling, renovation, rehabilitation, reconstraction, historic restoration, resurfacing of circulation paths or vehicle ways, changes or rearrangement of the structural parts or elements, the plan configuration of walls or full-height partitions.
Alteration
Guidelines drafter by the Access Board that describe the minimum requirements that a abuilding should exhibit in order to be accessible
Americans with Disabilities Act Accessibility Guidelines (ADAAG)
Federal agency designated to enforce the Fair Housing Act (FHA)
Department of Housing and Urban Development (HUD)
Federal agency that has the authority to enforce all provisions of the Americans with Disabilities Act (ADA), but focuses primarily on ADA Title II: public services by State and local government) and ADA Title III: pubic accomodations
Department of Justice (DOJ)
A physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment:
Disability
A continuous, unobstructed way of pedestrian passage by means of which the altered area may be approached, entered, and exited, and which connect the altered area with an exterior approach (including sidewalks, streets, and parking areas), an entrance to the facility, and other parts of the facility
Path of travel
Areas housing the major activities for which a facility was intended. Areas include, but are not limited to: the customer services lobby of a bank, the dining area of a cafeteria, the meeting rooms in a conference center, etc.
Primary function areas
Private entities that own, operate. lease or lease to places of public accomodations. Places include: restaurants, hotels, theaters, conventionc enter, retail stores, shopping centers, dry cleaners, etc.
Public accommodations
A walking surface that has a running slope steeper than 1:20
ramp
Easily accomplished and able to be carried otu without much difficulty or expense
Readily achievable
A unit intended to be used as a residence, and that is primarily long-term in nature.
Residential Dwelling Unit
An approach to the design of products, places, policies, and services that can meet the needs of as many people as possible throughout their lifetime, regardless of age, ability, or station. AKA: ‘inclusive design’ or ‘design for all’
Universal Design (UD)
Covered by Title I of the ADA
Employment
Covered by Title II of the ADA
Public Services: State and Local Government
Covered by Title III of the ADA
Public Accommodation and Services Operated by Private Entities
What is the length of a ramp that rises 12” and has a slope of 1:12
12’ 0”
A handicap parking space is required when more than how many parking spaces are provded in total?
more than 1 space
What is the minimum clear floor space required for a handicapped individual?
30”x48”
What is the minimum width of a handicapped van parking space?
132”
What is the minimum clear width of a handicap ramp?
36”
John needs to install an handicap ramp to make his building ADA complian. What is the maximum allowable slope of a ramp?
1:12
Mark would like to install an ADA compliant entrance door to his building. What is the required push-side clearance Mark must provide at tthe entrance door?
12”
What year was the ADA signed into law?
1990
What year was the ADA Amendments Act signed into law?
2008
New construction or alterations that began construction on or after March 15th, 2012 must comply with what ADA document?
2010 ADA Standards for Accessible Design
According to ADA, what is the maximum tread depth of a stair?
11”
What is the minimum clear width of a walking surface?
36”
What is the minimum ‘pull-side’ clearance at an accessible door?
18”
What is the maximum slope of a curb ramp?
1:12
What must be provided within residential units of buildings containing four or more units?
Accessible routes
Your client would like to install a new ADA compliant lavatory in their bathroom. What is the maximum rim or countertop height of the lavatory?
34”
What type of law is the ADA considered to be?
Civil Rights
This document outlines the minimum requirements for newly designed and constructed or altered State and Local government facilities, public accommodations, and commercial facilities to be readily accessible to and useable by individuals with disabilities
2010 ADA Standards for Accessible Design
The Americans with Disabilities Act affords similar protections against discrimination to americans with disabilities as what other set of laws?
Civil Rights Act of 1964