Practice Exam 4 Flashcards
- Which covenant in a deed assures the grantee that there are no claims or liens on the property other than those specifically listed on the deed?
A. warrant of quiet clause
B. encumbrance clause
C. seizin clause
D. warrant of further assurance
B. encumbrance clause
- Which set of terms is NOT synonymous?
A. vendee, purchaser
B. mortgagee, lender
C. lessor, landlord
D. grantee, seller
D. grantee, seller
- Mr. Able sold his home to Mr. and Mrs. Baker and gave them a warranty deed. The Bakers moved into the home but did not record the deed. Two days later, Mr. Able died, and his heirs up north sold the property without any knowledge of the previous sale. The heirs conveyed title to Mr. and Mrs. Charles, who did record the deed. Who owns the property?
A. Mr. and Mrs. Baker
B. Mr. and Mrs. Charles
C. Mr. Able’s heirs
D. the Charles and the Bakers as joint tenants
A. Mr. and Mrs. Baker
- In the case of eminent domain, the owner
A. is paid fair compensation
B. receives no compensation
C. receives 50% of market value
D. receives what he or she feels is appropriate
A. is paid fair compensation
- Broker Bob has an exclusive listing. The owner calls and asks if Bob has any offers. Bob says no. Broker Charles submits an offer to the owner that is accepted. Bob
A. can sue for unliquidated damages but not commission
B. and Charles must share the commission
C. can do nothing
D. is entitled to full commission
A. can sue for unliquidated damages but not commission
- Broker Brown gets a listing from Mr. Jones. Broker Brown agrees to advertise, caravan and print material intended to help in the sale of the house. Mr. Jones agrees to pay a commission to Broker Brown no matter who sells the house. This is
A. an exclusive listing
B. an implied listing
C. a general agency agreement
D. an exclusive right of sale listing
D. an exclusive right of sale listing
- A broker who negotiates a contract for the sale of a house between the owner and purchaser in violation of the Statute of Frauds will
A. have his or her registration suspended
B. have his or her registration revoked
C. lose his or her commission on the sale
D. not be disciplined
D. not be disciplined
- A parol contract is
A. in writing
B. signed by two witnesses
C. covered by Statue of Frauds
D. oral
D. oral
- A contract is a formal contract if it has
A. an acknowledgment
B. signatures
C. a written form
D. a notary’s statement
C. a written form
- A broker accepts a listing that has an I merchantable title. A sales contract is signed, and a deposit is obtained contingent upon the owner clearing title. At closing, the owner cannot give a clear title. The deposit is returned to the buyer. Which applies?
A. The broker is entitled to a full commission
B. The owner can sue the broker and the buyer
C. The buyer can sue the owner
D. The contingency was not met, contract is dead
D. The contingency was not met, contract is dead
- Regarding a lease for 12 moths or less, it
A. must be in writing to be valid (enforceable)
B. must be in writing to be benefit the lessee
C. must be in writing to benefit the lessor
D. should be in writing to avoid misunderstanding
D. should be in writing to avoid misunderstanding
- Florida has established three agency relationships, unless otherwise established by agreement a broker’s relationship with the public is
A. no brokerage
B. single agency
C. dual agency
D. transaction brokerage
D. transaction brokerage
- An option contract is
A. executed
B. unilateral
C. bilateral
D. parol
B. unilateral
- The buyer signs an offer with a deposit, but the seller changes the price. What should the sales associate do?
A. Make the necessary change, have the seller sign and initial the changes and then have the buyer initial the changes
B. Make the changes, have the buyer sign and then have the seller sign
C. Prepare a new offer reflecting the changes; have all parties sign
D. Advise the seller that there can be no changes
A. Make the necessary change, have the seller sign and initial the changes and then have the buyer initial the changes
- A listing held by two or more licensed broker is
A. a multiple listing
B. an exclusive right of sale listing
C. an open listing
D. a net listing
C. an open listing
- A broker has a 90-day listing with Mr. and Mrs. Jones and shows the property to Mr. and Mrs. Smith prior to expiration of the listing. The Smiths show an interest in the property but go back north without making an offer. Next season, the Smiths are back and happen to meet Mr. and Mrs. Jones while shopping. After several meetings, the Smiths make an offer and purchase the property. The broker
A. is the procuring cause of the sale and is entitled to a commission
B. is entitled to damages
C. is entitled to nothing
D. may request FREC to interplead
C. is entitled to nothing
- An option is a
A. unilateral contract, binding on both parties
B. bilateral contract, binding only on the optionee
C. unilateral contract, binding only on the optionor
D. bilateral contract, binding on both parties
C. unilateral contract, binding only on the optionor
- A broker has a listing for $25,000, all cash. A buyer makes an offer for $30,000 and asks the broker to show $5,000 as a down payment, which he doesn’t give. He does this so he can arrange a loan for $25,000, which will go to the seller – thereby meeting the del let’s terms. What should the broker do?
A. Charge a commission based on $30,000
B. Charge a commission based on $25,000
C. Find another buyer
D. Withdraw from the listing
C. Find another buyer
- A planned unit development (PUD)
A. provides a higher number of dwellings and maximum utilization of open areas
B. typically includes only residential use
C. requires areas to be left open for future growth
D. is a less efficient use of land
A. provides a higher number of dwellings and maximum utilization of open areas