Practice Final Flashcards

1
Q

If the seller does not provide the buyer with a Seller’s Property Disclosure Statement or Exemption, the buyer may cancel the transaction __________

1) at any time prior to closing the transaction.
2) up to seven days prior to closing the transaction.
3) at no time after the offer is accepted.
4) up to 10 days prior to the closing of the transaction.

A

at any time prior to closing the transaction.

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2
Q

According to the Administrative Rules and Regulations of the Real Estate Agency, which of the following statements is true?
I. The earnest money receipt must specify when and whether evidence of title will be furnished to the purchaser.
II. A written record of the date and time an offer was presented to a seller must be maintained by the licensee.
1) I only
2) II only
3) Both I and II
4) Neither I nor II

A

Both I and II

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3
Q

A listing agreement between a broker and seller may be terminated by the _____________

1) death of either party.
2) bankruptcy of the seller. 3) destruction of the property.
4) All of the above

A

All of the above

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4
Q

Under Oregon law, if a principal real estate broker establishes an independent contractor relationship with an associated real estate broker _____________

1) the real estate broker is not required to have his personal transactions supervised by the principal broker.
2) the listings obtained by the real estate broker may be transferred if the real estate broker moves to another principal broker’s office.
3) the principal broker must supervise the real estate broker’s real estate activities so as to conform to the Oregon Real Estate License Law and Administrative Rules. 4) the principal broker is responsible for approving continuing education.

A

the principal broker must supervise the real estate broker’s real estate activities so as to conform to the Oregon Real Estate License Law and Administrative Rules.

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5
Q

A principal real estate broker is responsible to review and initial all documents written by his associated real estate brokers within _____________

1) one banking day.
2) as soon as practicable. 3) seven banking days from the date the document was accepted, rejected or withdrawn.
4) seven calendar days from the date the document was accepted, rejected or withdrawn.

A

seven banking days from the date the document was accepted, rejected or withdrawn.

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6
Q

Principal Broker Miller and Associate Broker Thomas got into a disagreement about an office policy. Thomas requested that Miller give Thomas his license so he could move to another brokerage. Miller disassociated Thomas’ license in eLicense. Under Oregon law, when did Miller’s legal responsibility for Thomas’ professional real estate activity end?

1) 30 days after Miller gave the license to Thomas.
2) When the license notification was received by eLicense at the Real Estate Agency.
3) As soon as Miller gave the license to Thomas.
4) The date the license was reissued to another broker.

A

When the license notification was received by eLicense at the Real Estate Agency.

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7
Q

In a usual listing agreement, the broker is authorized to _____________

1) convey the real property listed.
2) promise a buyer that any offer on the listed terms will be accepted.
3) find a purchaser and bind his client to a contract.
4) find a purchaser and accept a deposit.

A

find a purchaser and accept a deposit.

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8
Q

Which of the following best describe earnest money?

1) The money deposited by the purchaser at the time of signing the earnest money or sales contract
2) The consideration for the sale of the property
3) The commission paid to the broker
4) The money deposited by the purchaser with the broker or seller to pay for the expense of examining title

A

The money deposited by the purchaser at the time of signing the earnest money or sales contract

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9
Q

Adams signed an “Exclusive Right-to-Sell” listing for his residence for a term of six months with Broker Meyers. The price was set at $390,000; the commission was to be 6%. During the listing period the house was destroyed by fire. Under these circumstances _____________

1) Meyers is entitled to a commission from Adams.
2) the listing is still valid for the sale of the land upon which the house was located.
3) the fire insurance company and Adams must each pay one half of the broker’s commission.
4) Meyers is not entitled to a commission and the listing is terminated.

A

Meyers is not entitled to a commission and the listing is terminated.

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10
Q

An option is best defined as _____________

1) a contract in which one party agrees to buy real property from another party. 2) an informal agreement between the broker and the seller.
3) a contract that transfers possession of real property for a specific period.
4) a contract in which one party buys the right to purchase real property.

A

a contract in which one party buys the right to purchase real property.

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11
Q

The real estate Commissioner may discipline an Oregon real estate licensee whenever the licensee ___________ I. promises there will be future profits on the resale of real property.
II. acts as an agent for both parties in a transaction without the knowledge and written permission of all parties for whom the licensee is acting.
1) I only
2) II only
3) Both I and II
4) Neither I nor II

A

Both I and II

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12
Q

A principal real estate broker must retain for a period of six years all _____________

1) listing agreements and earnest money receipts.
2) clients’ trust account records and ledgers.
3) vouchers, bills or obligations paid for the account of a client.
4) All of the above

A

All of the above

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13
Q

Broker Jones left Principal Broker Adams and went to work for Principal Broker Brown. What happens to the listings obtained by Jones while licensed with Adams?

1) They could be transferred to Brown by Adams.
2) They remain with Adams.
3) The listings could be voided by Jones.
4) Since the listing is a personal contract between the seller and Jones, he could take the listings to Jones’ new office.

A

They remain with Adams

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14
Q

A prospective buyer should be given a copy of the offer _____________

1) any time after the seller’s acceptance.
2) as soon as a prospective buyer signs the offer.
3) at the time of closing.
4) at least five days prior to the closing.

A

as soon as a prospective buyer signs the offer.

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15
Q

It is in the best interest of the seller if a broker takes a listing at _____________

1) whatever price the seller dictates.
2) market value plus commission.
3) market value including the commission.
4) the highest price the seller can get in the time the seller has in which to sell.

A

the highest price the seller can get in the time the seller has in which to sell.

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16
Q

An “Exclusive Agency” listing is good for _____________

1) 30 days.
2) 90 days, but can be automatically renewed at the broker’s option.
3) indefinitely, until canceled.
4) any time period the owner and the broker agree upon.

A

any time period the owner and the broker agree upon.

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17
Q

When a broker takes a net listing in Oregon, the broker should _____________

1) limit the actual commission to no more than what is prevalent for other listings.
2) make full disclosure to the seller of the value of the property and market conditions.
3) Both 1 and 2
4) Neither 1 nor 2

A

make full disclosure to the seller of the value of the property and market conditions.

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18
Q

The commission rate for the sale of real estate is determined by _____________

1) negotiation with the seller. 2) silent agreement among brokers in a local area.
3) fixed schedules approved by the state licensing commission.
4) the multiple listing service.

A

negotiation with the seller.

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19
Q

A broker acting under an “Exclusive Agency” listing for the sale of a residence usually receives his commission when _____________

1) the earnest money is received.
2) he takes the listing.
3) the sale is closed.
4) he obtains an accepted offer executed by a ready, willing and able buyer.

A

the sale is closed.

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20
Q

Escrow agents in Oregon are licensed by the _____________

1) Oregon Corporation Commission.
2) Oregon Real Estate Agency.
3) Escrow Division of the Office of the Secretary of State.
4) Oregon Housing Agency.

A

Oregon Real Estate Agency. `

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21
Q

Gary Henderson, an active Oregon principal broker, is a major stockholder in Mid- Pacific Corporation. Mid-Pacific is offering to sell units in a condominium project the corporation owns. Henderson is actively participating in the negotiation for the sale of the units. To comply with Oregon rules and regulations, Henderson must do which of the following? I. He must disclose his interest in the corporation. II. He must deposit any funds he receives in connection with the sale into a neutral escrow depository or Clients’ trust account.

1) I only
2) II only
3) Both I and II
4) Neither I nor II

A

Both I and II

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22
Q

An escrow agent is authorized by Oregon laws and regulations to do which of the following? I. Disburse funds as authorized by both principals II. Draft legal documents III. Review legal documents for typographical errors

1) I only
2) III only
3) I, and II only
4) I and III only

A

I and III only

23
Q

A bill of sale is used to convey title to _____________

1) an easement.
2) real property.
3) a life estate in real estate. 4) personal property.

A

personal property.

24
Q

The broker’s commission will usually be shown on the closing statement as _____________

1) a debit to the seller.
2) a debit to the buyer.
3) a credit to the buyer.
4) Both 1 and 3

A

a debit to the seller.

25
Q

Which of the following actions by a real estate broker associated with a principal broker would not be a violation of Oregon license law?

1) Accepting a bonus directly from the seller
2) Promising a purchaser that the property will appreciate in value
3) Paying a finder’s fee to an unlicensed person for referring a seller to the associated broker
4) Providing a competitive market analysis in pursuit of the listing

A

Providing a competitive market analysis in pursuit of the listing

26
Q

The maximum amount of commission on a real estate transaction is _____________

1) determined by the National Association of REALTORS®.
2) determined by the broker’s contract with the seller.
3) determined by the Federal Truth-in-Lending Law.
4) 8% of the selling price.

A

determined by the broker’s contract with the seller.

27
Q
n oral agreement to sell a parcel of residential real estate for a commission is \_\_\_\_\_\_\_\_\_\_\_\_\_
 I. unenforceable.
 II. contrary to the Statute of Frauds.
 1) I only
 2) II only
 3) Both I and II
 4) Neither I nor II
A

Both I and II

28
Q

Blockbusting is a term which means a _____________
I. minority person purchases a home in a previously all-white neighborhood.
II. real estate broker induces a homeowner to list his property by indicating that minority persons are attempting to buy property in the area.
1) I only
2) II only
3) Both I and II
4) Neither I nor II

A

II only

29
Q

All advertising for the rental of an owner’s rental property managed by a principal real estate broker must include_____________

1) the principal broker’s license number
2) the principal broker’s phone number
3) Include the registered name of the principal broker or licensed name of the principal broker
4) the principal broker’s website

A

Include the registered name of the principal broker or licensed name of the principal broker

30
Q
If personal property is used as a down payment on the purchase of real property, you usually state on the earnest money receipt \_\_\_\_\_\_\_\_\_\_\_\_\_ 
I. that a bill of sale will be given. 
II. the dollar value thereof. III.the dimensions of the house. 
IV. the address of the broker. 
1) Both II and III 
2) Both I and II 
3) Both II and IV 
4) Both I and IV
A

Both I and II

31
Q

The absence of which of the following would render an earnest money agreement unenforceable? 1) Time period for seller’s acceptance

2) Earnest money deposit
3) Legal description of the property without the street address
4) Legal purpose

A

Legal purpose

32
Q

A listing which allows an owner to list concurrently with more than one broker is _____________

1) an open listing.
2) a net listing.
3) an “Exclusive Agency”.
4) illegal.

A

an open listing.

33
Q

Which of the following is true regarding Fair Housing laws?
I. An owner may give his broker instructions to refuse to show property to a member of a minority group and the broker must comply with those instructions.
II. An owner may instruct his broker to offer different terms to different prospective purchasers and the broker must obey those instructions.
III. An owner may refuse to rent an apartment in a tri-plex to a member of a certain religious group if the owner occupies one of the units in the tri-plex.
1) I only
2) II only
3) III only
4) Both I and II

A

III only

34
Q
A broker associated with a principal broker may handle the closing function of a real estate transaction if the associated broker has written authorization from \_\_\_\_\_\_\_\_\_\_\_\_\_ 
I. the seller. 
II. the principal broker. 
1) I only 
2) II only 
3) Both I and II 
4) Neither I nor II
A

II only

35
Q

The Fair Housing Act applies to privately owned housing when _____________
I. a broker or other person engaged in selling or renting dwellings is used.
II. discriminatory advertising is used.
1) I only
2) II only
3) Both I and II
4) Neither I nor II

A

Both I and II

36
Q

The general rule is that a buyer may not withdraw his offer _____________

1) before it is presented to the seller.
2) after seller’s acceptance of offer but before buyer is notified.
3) after proper notification of seller’s acceptance of the offer.
4) after an earnest money deposit has been given.

A

after proper notification of seller’s acceptance of the offer.

37
Q

Any promotional material distributed by an Oregon real estate broker associated with a principal real estate broker _____________
I. must be reviewed by the principal broker or branch manager prior to its use.
II. may contain the direct telephone number of the real estate broker.
1) I only
2) II only
3) Both I and II
4) Neither I nor II

A

Both I and II

38
Q

Which of the following statements is correct as to the general practice of real estate brokering?

1) The commission a broker may charge for the sale of a home is controlled by regulations of the Real Estate Commissioner.
2) In an “Exclusive Agency” listing, a seller may sell without being liable for paying a commission.
3) Any agreement to divide commissions between cooperating brokers must be in writing.
4) Under no circumstances may a broker collect a commission after the listing has expired.

A

In an “Exclusive Agency” listing, a seller may sell without being liable for paying a commission.

39
Q

What action may a buyer choose to do if a seller refuses to provide a Seller’s Property Disclosure Statement?

1) Terminate the offer up to seven days prior to closing of the transaction
2) Terminate the offer at any time prior to closing of the transaction
3) Must terminate the offer immediately
4) Terminate the offer up to ten days prior to closing of the transaction

A

Terminate the offer at any time prior to closing of the transaction

40
Q

Under Administrative Rules, an Oregon principal real estate broker may turn over full authority to an associated real estate broker for which of the following principal broker responsibilities?
I. Supervise property management activity done in the principal broker’s name
II. Review and approve of listings and earnest money agreements
1) I only
2) II only
3) Both I and II
4) Neither I nor II

A

Neither I nor II

41
Q

The market value of a property is the highest price in terms of money which a property will bring in a competitive and open market. Among other conditions which of the following must exist for a property to be considered sold at market value?
I. Buyer and seller were typically motivated
II. Payment must have been made in cash only
III. Both parties were well informed and acted in their own best interest
1) I and II only
2) I and III only
3) II and III only
4) I, II and III

A

I and III only

42
Q

If an Oregon real estate broker associated with a principal broker makes an intentional misrepresentation to a client, the broker and his principal broker may _____________
I. have their licenses suspended or revoked.
II. be subject to monetary fines by the Real Estate Agency.
1) I only
2) II only
3) Both I and II
4) Neither I nor II

A

I only

43
Q

Which of the following is an example of steering?
I. Leading prospective purchasers to or away from certain areas
II. Refusing to make loans to persons in certain areas 1) I only
2) II only
3) Both I and II
4) Neither I nor II

A

I only

44
Q

Under Oregon Administrative Rules, a listing agreement may include _____________
I. a provision requiring the seller to notify the principal broker of the seller’s intention not to renew the listing upon the expiration of the listing.
II. a clause which would require the seller to pay a commission to more than one principal or broker if the seller listed the same property with a second principal broker after the first listing expired.
1) I only
2) II only
3) Both I and II
4) Neither I nor II

A

Neither I nor II

45
Q

Under Oregon License Regulations, a principal broker may legally _____________
I. charge a fee to an associated broker for the use of the principal broker’s license and let the associated broker operate without supervision.
II. pay 100% of the commissions to the associated broker.
1) I only
2) II only
3) Both I and II
4) Neither I nor II

A

II only

46
Q

A principal broker who is going to be absent from the business may authorize another licensee to control the business in their absence for a maximum of _____________

1) 48 hours.
2) 10 working days.
3) one month.
4) 90 days.

A

90 days.

47
Q

The manager of an apartment complex that falls within the requirements of Federal Fair Housing laws may legally do which of the following?
I. Segregate the families with children in specific portions of the complex
II. Charge families with children higher rents than for tenants without children 1) I only
2) II only
3) Both I and II
4) Neither I Nor II

A

Neither I Nor II

48
Q

An organization of real estate brokers that exist for the purpose of exchanging listing information is known as a _____________

1) listing cartel.
2) multiple listing service.
3) listing information pool.
4) listing exchange.

A

multiple listing service.

49
Q

Title VIII of the Civil Rights Act, the Fair Housing Act, applies to _____________ 1) a single-family home owned and sold by the owner who owns more than three such dwellings at any one time.

2) multiple-family units containing six apartments, with an owner that occupies one of the units.
3) a single-family unit that is individually owned by the brokers selling it.
4) All of the above

A

All of the above

50
Q

A broker, newly licensed to sell real estate in Oregon, takes a listing on real property. Who does the listing belong to?

1) The broker
2) The broker and the principal broker
3) The principal broker
4) Neither, until a sale is made

A

The principal broker

51
Q
Escrow agents must \_\_\_\_\_\_\_\_\_\_\_\_\_ 
I. treat information as confidential. 
II. strictly comply with the escrow instructions. 
1) I only 
2) II only 
3) Both I and II 
4) Neither I nor II
A

Both I and II

52
Q

The phrase “time is of the essence” is most likely to be found in _____________

1) a listing agreement.
2) an earnest money sale agreement.
3) a deed.
4) a principal broker’s loan statement.

A

an earnest money sale agreement.

53
Q

The original, executed copy of a property management agreement _____________

1) must be retained by the owner of the rental unit.
2) may be filed and retained by the non-licensed employee of the property manager at the rental site. 3) must be filed and maintained by the property manager.
4) may be filed and maintained by the property manager in his branch office located nearest to the rental unit.

A

must be filed and maintained by the property manager.