Practice Test 4

Question 1

How long does the owner have to return a copy of the written lease or rental agreement to the tenant?

Answer 1

15 days

Question 2

What happens to the value of a parcel of land when the depth of that parcel increases beyond the depth of other lots in the area?

Answer 2

the value per front foot increases

Question 3

If a lease requires a tenant to pay certain expenses, such as taxes or insurance in addition to the rent, the lease may be called:

Answer 3

a net lease

Question 4

Private restrictions on real property can be created by:

Answer 4

by deed or written agreement

Question 5

Mr. Smith is the vendor in a land contract selling his home. One day, shortly after entering into the contract, he noticed that a plumber was installing new plumbing in the home. To protect himself, he should:

Answer 5

post and record a notice of non-responsibility within 10 days

Question 6

The primary purpose of city building codes is to establish:

Answer 6

construction standards for buildings within the city

Question 7

A real estate broker must hold all documents for how long?

Answer 7

three years (loan documents must be kept for 4 years)

Question 8

A “hard money” loan secured by a note and trust deed most nearly means:

Answer 8

a cash loan

Question 9

A real estate salesman tried to obtain listings by warning owners that minority groups were moving into the area and values would decline. This behavior is:

Answer 9

grounds for discipline by the Real Estate Commissioner

Question 10

What stage agency acts to prevent discrimination in housing accommodations based on race, color, sex, national origin, or ancestry?

Answer 10

Department of Fair Employment and Housing

Question 11

Why do brokers have client trust accounts?

Answer 11

in order to separate trust fund money from the broker’s money

Question 12

A broker who keeps a buyer’s cash deposit in his office safe and refuses to release the money to escrow, the seller, or the buyer, is:

Answer 12

probably going to be subject to discipline by the Commissioner

Question 13

Property is technically defined as:

Answer 13

rights or interests which a person has in the thing owned (a.k.a. “Bundle of Rights” theory)

Question 14

An appraiser determining the value of a commercial site would consider which of the following as the most important factor in determining value: zoning, accessibility to airports, purchasing power of the community, convenience of transportation systems for the labor force

Answer 14

purchasing power of the community

Question 15

The Real Estate Commissioner would most likely issue a final public report even if the subdivision plan lacked:

Answer 15

proof of completion of community recreational facilities, even though financial arrangements to assure completion were provided.

Question 16

In order to legally transfer fee estate to a parcel of real property encumbered by a trust deed, it is always necessary to do what?

Answer 16

deliver a valid deed from the grantor to grantee

Question 17

Carson purchased one of 40 lots in a subdivision and signed a contract which stated, “No owner of a lot in this subdivision shall put a ‘for sale’ sign on his lot until all the lots owned by the subdivider are sold.” If Carson wants to sell his lot before the subdivider has sold all of the lots, he may:

Answer 17

use a reasonably sized “for sale” sign because the statement in the contract is illegal

Question 18

Who has primary regulatory responsibility for approvals under the Subdivision Map Act?

Answer 18

local city and/or county agencies

Question 19

The effective gross income found in the capitalization approach to appraisal, requires a deduction to be made for:

Answer 19

vacancies

Question 20

In the financing of real estate, the cash provided by the buyer as part of the purchase price, or by a tenant in real estate as an acquisition cost, is commonly known as:

Answer 20

equity funds

Question 21

When real estate is sold, property taxes are set at:

Answer 21

1% of full cash value plus an amount for the existing bonded debt

Question 22

Mr. Brown purchased an apartment building for $1,000,000. The listed price was $1,200,000. Mr. Brown put $200,000 down and acquired a new first trust deed for the difference. Mr. Brown’s cost basis for income tax purposes would be:

Answer 22

$1,000,000

Question 23

What federal entity would most likely be involved in buying and selling government securities in the open market?

Answer 23

Federal Open Market Committee

Question 24

Depreciation, when taken, is subtracted from:

Answer 24

the cost basis

Question 25

The annual property taxes a property owner must pay are determined by:

Answer 25

assessing the land and improvements separately, then multiplying the total by one tax rate

Question 26

What basic economic characteristic is the best expression of why real estate has inherent value?

Answer 26

maximum utility of available resources

Question 27

A real estate appraisal is valid for what period of time?

Answer 27

as of a given date

Question 28

Conditions of a sale will affect the:

Answer 28

price of a subject property

Question 29

When an appraiser refers to the “orientation” of a structure, he is describing:

Answer 29

the position of a building on land in its relationship to exposure to the sun, privacy from the street, prevailing winds, views, etc.

Question 30

A real estate licensee may handle the sale of a mobilehome when the mobilehome:

Answer 30

has been registered

Question 31

The word “tenancy” in real property law, mostly means:

Answer 31

the method or mode of holding title to real property by lessee or owner

Question 32

The upper limits of value are determined by which approach to appraisal?

Answer 32

reproduction

Question 33

The appraisal of real property is made as of a “given date” to indicate:

Answer 33

the market conditions influencing the value of the property at that point in time

Question 34

In arriving at an estimate of value, an appraiser is most interested in the date:

Answer 34

the purchase price was agreed upon

Question 35

The value arrived at by an appraisal of real property is:

Answer 35

based upon the analysis of facts as of a specific date

Question 36

Rental schedules for income property are established by:

Answer 36

market comparison

Question 37

Capitalization:

Answer 37

establishes the value of an asset by dividing the annual net income by the desirable rate of return

Question 38

The gross rent multiplier is arrived at by dividing:

Answer 38

sales price by gross monthly rental

Question 39

In the capitalization approach to appraisal, what is not deducted to determine the annual net income?

Answer 39

interest expenses on the loan

Question 40

The main reason that signatures on a deed are acknowledged is to make the deed acceptable for recording. A secondary reason for having the grantor’s signature acknowledged is:

Answer 40

an acknowledged deed may be accepted as prima facie evidence in court

Question 41

The square foot, cubic foot, and unit-in-place methods of real estate appraisal are most commonly used in what approach?

Answer 41

cost approach

Question 42

In the capitalization approach, when capitalization rates go up:

Answer 42

values go down

Question 43

A seller (or agent for the seller) must give the buyer a “Natural Hazard Disclosure Statement” if the property is within which of the following areas? Special Flood Hazard Area, Very High Fire Hazard Severity Zone, Earthquake Fault Zone, all of the above

Answer 43

all of the above

Question 44

Who has the right of possession of a home during the redemption period following a judicial foreclosure sale on a mortgage?

Answer 44

mortgagor (borrower)

Question 45

Sheet metal used to protect a building from water seepage is called:

Answer 45

flashing

Question 46

The relationship between the thing desired and the potential purchaser is best defined as:

Answer 46

value

Question 47

While appraising a home an appraiser observes cracks in the foundation and notices that the doors and windows do not close properly. The appraiser would probably recommend that what report be ordered?

Answer 47

a soil engineer’s report

Question 48

A “turnkey project” describes:

Answer 48

new construction which is ready for immediate occupancy

Question 49

What item would be warranted by the seller in a grant deed, but not covered by a standard policy of title insurance?

Answer 49

that there are no undisclosed liens against the property placed there by the grantor

Question 50

The first thing to do when appraising vacant land is to determine:

Answer 50

the highest and best use of the land

Question 51

What is shown on a plot map?

Answer 51

location of the improvement on the lot and relationship to surrounding structure

Question 52

What is NOT an example of functional obsolescence?

Answer 52

the proximity of noxious fumes from an adjoining property (this is an external cause = economic obsolescence; social obsolescence would be another external cause)

Question 53

An “advance fee” contract must be approved in advance by the BRE and must include all of the following, except: a complete description of the services to be rendered, the total amount of the advance fee, guarantees that the sale, lease, or exchange will be completed; the date the fee is to be paid

Answer 53

guarantees that the sale, lease, or exchange will be completed

Question 54

The term “deciduous” describes what?

Answer 54

trees which lose their leaves in winter

Question 55

In the capitalization approach to appraisal, what would be subtracted from gross income to determine annual net income?

Answer 55

vacancies

Question 56

“Economic rent” is defined as the:

Answer 56

rent received for comparable space in the current economic marketplace

Question 57

When comparing the economic life and the physical life of an improvement, the economic life is usually:

Answer 57

shorter than the physical life

Question 58

The method which is most commonly used to value land or sites is:

Answer 58

the comparative method

Question 59

What do appraisers find most difficult to measure accurately?

Answer 59

accrued depreciation

Question 60

The cause of deprecation which gives us the phrase “more buildings are torn down than fall down,” would be described as?

Answer 60

Social obsolescence (economic obsolescence is another form)

Question 61

An elevation sheet for a subdivision shows:

Answer 61

front and side views of the homes as they will appear when finished

Question 62

A standard policy of title insurance protects the insured against:

Answer 62

lack of capacity of a party in the transaction

Question 63

When real estate is purchased under the California Veterans Farm and Home Purchase Plan, payments are made to and legal title to the property is held by:

Answer 63

the Department of Veterans Affairs

Question 64

Under the Truth-in-Lending Law terms such as “monthly payment” and “down payment” used in an ad are called:

Answer 64

trigger terms

Question 65

When may a real estate broker, acting as agent for the seller, refuse to submit a buyer’s offer?

Answer 65

when the owner has given broker express instructions not to submit any further offers

Question 66

The property tax rate is set each year by:

Answer 66

the county board of supervisors

Question 67

Which of the following best describes an estate of indefinite duration? a life estate, an estate for years, an estate of periodic tenancy, an estate of inheritance

Answer 67

an estate of inheritance

Question 68

When a broker takes an exclusive loan listing to negotiate a loan secured by real property, the listing is limited to a term of not more than:

Answer 68

45 days

Question 69

The method which is most commonly used by appraisers to value land or sites is:

Answer 69

the comparative method

Question 70

All of the following statements about a lis pendens are false, except: only a court order may remove it; it can be used in any lawsuit; based on the outcome of the lawsuit, it may affect title to real property; “lis pendens” means listen patiently

Answer 70

based on the outcome of the lawsuit, it may affect title to real property

Question 71

An easement differs from a license in that a license:

Answer 71

may be revoked

Question 72

An attachment lien is good for:

Answer 72

3 years

Question 73

An owner of an income property deducted $6,000 from the gross income for depreciation on his federal income tax return. His basis of the property is therefore:

Answer 73

lowered by $6,000

Question 74

When a piece of land is washed away by a flood or dam giving way, this is called:

Answer 74

avulsion

Question 75

Who establishes deed restrictions?

Answer 75

the grantor in a deed

Question 76

The major difference between mechanic’s liens and judgment liens is:

Answer 76

mechanic’s liens may take priority earlier than the date of recording

Question 77

The action by which the city or county permits an owner to use property in violation of zoning or building codes is known as:

Answer 77

a variance

Question 78

Broker Hernandez took a listing from an owner, Mr. Nguyen. Mr. Nguyen also gave Broker Hernandez the option to purchase this commercially zoned land within 30 days. On the 27th day of the option period, Broker Hernandez decided to purchase the land. Broker Hernandez must do what before purchasing this property which he has also listed for sale? furnish owner with any material information Broker H. has in his possession concerning the property, disclose to Mr. N any outstanding offers on the property, obtain written consent of Mr. N approving the amount of profit or anticipated profit if any is to be realized, do all of the above

Answer 78

all of the above

Question 79

The interest acquired in real property through adverse possession is different from the interest acquired by prescription in that the interest acquired by prescription is:

Answer 79

the right to use land which belongs to someone else

Question 80

A seller sued an agent for making a false promise. In her defense, the agent proved that her listing contract to sell the seller’s home was oral. What will the judge rule?

Answer 80

the agent is liable for any damages as a result of the false promise - they failed to put the contract in writing

Question 81

Mrs. Johnson told Broker Bob, “While I will not sign a listing for my home, if you can find a buyer who will pay at least $250,000 for it, I’ll pay you a 6% commission.” Three weeks later, Broker Bob found a buyer who gave him a $1,000 deposit on the purchase price of $255,000, along with a signed offer to purchase. When the offer was presented to Mrs. Johnson, she accepted it and then demanded that the deposit be given to her. What is true?

Answer 81

Broker Bob may not give the buyer’s deposit to the seller without the buyer’s written consent

Question 82

“Drywall” construction uses all of the following except: fiberboard, plywood, gypsum board, plaster

Answer 82

plaster

Question 83

How many square miles does a section contain?

Answer 83

1

Question 84

Upon inspection, a pest control company finds no evidence of termite infestation. However, they do find conditions which may lead to infestation. Whose responsibility is it to pay for correcting these conditions?

Answer 84

The buyer, only if he chooses to have the condition corrected

Question 85

A buyer must bring a lawsuit for breach of written contract against a seller within:

Answer 85

4 years

Question 86

On April 2 a buyer gave a broker a personal check as a deposit to accompany an offer. The buyer told the broker to hold the check uncashed until after April 15. What should the broker do?

Answer 86

the broker should present the offer to the seller, but must tell the seller about buyer’s instructions to hold the check until after April 15

Question 87

In a sale-leaseback transaction, the seller does all of the following except: retains possession of the property being sold, guarantees the mortgage payments, receives an infusion of cash, becomes a tenant

Answer 87

guarantees the mortgage payments

Question 88

A contract obtained through duress, is:

Answer 88

voidable

Question 89

John gave Mary a grant deed transferring title to Mary “upon condition that” the title would be forfeited and revert back to John if alcoholic beverages were ever consumed on the premises. The title held by Mary can be described as:

Answer 89

fee simple defeasible

Question 90

For a broker with a nonexclusive listing to be legally entitled to a commission, she must first prove that: she was duly licensed at the time of the sale; she found a buyer ready, willing, and able to buy; she was the procuring cause of the transaction; all of the above

Answer 90

all of the above

Question 91

What loan is exempt from the Federal Truth-in-Lending Law on the basis of the type of loan itself?

Answer 91

an agricultural loan (these and business loans are exempt from Reg. Z)

Question 92

What contract must be in writing to be enforceable? a lease for one year, a listing to lease for one year, an agreement by a buyer to assume an existing loan secured by a deed of trust, an agreement between brokers to share a commission

Answer 92

an agreement by a buyer to assume an existing loan secured by a deed of trust

Question 93

The usual listing contract authorizes a broker to:

Answer 93

find a purchaser and accept a deposit with an offer to purchase

Question 94

A subdivision of new homes is encumbered by a blanket construction loan. As each of these encumbered homes are sold, the beneficiary should issue what?

Answer 94

a request for partial reconveyance (the trustee then records a partial reconveyance deed)

Question 95

What contract must be in writing to be enforceable? a listing to sell a business opportunity, a lease of real property for six months, a listing to lease real property for one year, an agreement which is not to be performed within one year of the making

Answer 95

an agreement which is not to be performed within one year of the making

Question 96

An investor paid $300,000 for an apartment building, making a $30,000 cash down payment. One year later, the property increased 10% in value. This resulted in a $30,000 or 100% gain on the 30% equity. This is an example of:

Answer 96

leverage (the use of borrowed money to the maximum extent possible)

Question 97

What ad would be permitted under the Federal Truth-in-Lending Law?

Answer 97

assume a 7 1/2 % annual percentage rate mortgage (APR must be disclosed)

Question 98

The law which gives cities and counties control over the physical design of subdivisions is:

Answer 98

Subdivision Map Act

Question 99

An ad offering “secured” loans for sale would be regarded as misleading unless:

Answer 99

the ad fully explained how and to what extent the funds would be secured

Question 100

When commercial banks consider “liquidity” and “marketability” of loans, the are referring to:

Answer 100

the secondary mortgage market

Question 101

Who is usually responsible for providing streets, utilities, sidewalks, and curbs in a new subdivision?

Answer 101

the builder

Question 102

Life insurance companies normally deal with borrowers through the services of:

Answer 102

mortgage companies

Question 103

A seller in a land contract would not likely file a lawsuit based upon which of the following: an agreement not to record, damages, specific performance, any of the above

Answer 103

an agreement not to record

Question 104

A buyer and a seller initial the liquidated damages clause in a deposit receipt and then the buyer defaults. The deposit is:

Answer 104

divided equally between the seller and listing agent

Question 105

Under the Federal Truth-In-Lending Law, the cost of credit is expressed as:

Answer 105

the annual percentage rate

Question 106

A trust deed in the County Recorder’s Office, refers to standard clauses contained in a previously recorded trust deed. The previously recorded trust deed is called a:

Answer 106

fictitious trust deed

Question 107

A mortgage loan disclosure statement must be given to the borrower:

Answer 107

within three days of receipt of a completed loan application or before the borrower is obligated to take the loan

Question 108

All of the following tend to increase the available supply of real estate loans except: an increase in the national income, an increase in deposits in savings & loans, an increased demand for an investment liquidity, an increased desire to supply for old age

Answer 108

an increased demand for an investment liquidity

Question 109

What would usually be true concerning a hard money second trust deed?

Answer 109

it is secured by real estate and given to a third party to obtain a cash loan

Question 110

The property taxes on homes are determined annually by the:

Answer 110

county assessor

Question 111

Under the Federal Truth-in-Lending Law, what does not need to be included in the “finance charge” portion of the disclosure statement?

Answer 111

the cost of a credit report and appraisal fee necessary to make the loan

Question 112

Generally, as the employment rate and the GNP (Gross National Product or GDP - Gross Domestic Product) rise: the personal income rises, new residential developments will increase, sales of existing homes will increase, all of the above will probably occur

Answer 112

all of the above will probably occur

Question 113

Who sets the county property tax rate?

Answer 113

the county board of supervisors

Question 114

Which cycle has the phases of “depression, expansion, prosperity, and recession”?

Answer 114

business

Question 115

If the current and highest best use of a parcel is expected to change, the current use is referred to as:

Answer 115

the interim use

Question 116

Jack wants to purchase Bill’s property for $200,000 with a deposit of $40,000. He wants Bill to carry back a first trust deed on the property for the balance with payments of $1,290 or more per month. He wants the interest rate to be no more than 9% per annum. He wants to be able to pay off the loan at any time with no penalty. The finance terms portion of the deposit receipt should be completed in what way?

Answer 116

the buyer agrees to execute in favor of the seller a note to be secured by a first trust deed secured by the property in the amount of $160,000, payable $1,290 or more per month including interest of 9% per annum

Question 117

What would most likely provide an investor with the best hedge against inflation?

Answer 117

ownership of real estate

Question 118

A subdivider is selling new homes, using land contracts for financing. The subdivider places into the contract a clause whereby the purchaser agrees to not prepay any part of the debt. What statement is true?

Answer 118

the vendee can disregard the clause (because a vendor [seller/lender] is not allowed to “lock-in” a land contract for the sale of 4 or less residential units)

Question 119

When a buyer buys property “subject to” an existing loan, rather than “assuming” the loan, the buyer will:

Answer 119

have any loss limited to his equity in the property should it go into foreclosure

Question 120

No title insurance policy offers protection against:

Answer 120

zoning

Question 121

The relationship between the parties to a real estate transaction and the escrow officer is usually described as which:

Answer 121

agent

Question 122

Companies that issue private mortgage insurance (PMI) normally raise money frOM:

Answer 122

premiums earned on pooled insurance policies and stock or debt issue

Question 123

Broker Barbara listed a home for sale for $400,000. The seller told her he would take anything over $350,000. Broker Barbara then found a buyer willing to pay $380,000, but instead of presenting the buyer’s offer, she wrote up her own offer for $350,000, which the seller accepted. She then sold the home to the buyer for $380,000 without informing the seller. Such action would be properly classified as:

Answer 123

secret profit

Question 124

An agreement to sell community property signed by only one spouse is:

Answer 124

unenforceable

Question 125

Accretion would result in the acquisition of land by: a prescriptive easement, a neighbor who acquired land by natural causes, the city government following a condemnation action, none of the above

Answer 125

a neighbor who acquired land by natural causes

Question 126

Mr. Johnson executed a grant deed to Mr. Green & recorded it. Later, Mr. Johnson changed his mind and sought to set the conveyance aside, claiming that there had been no delivery to Mr. Green. Why was Mr. Johnson unsuccessful?

Answer 126

delivery and acceptance is presumed with recording

Question 127

Which of the following is necessary for a deed to be valid? a granting clause, consideration, an acknowledgment, the grantee is of legal age

Answer 127

a granting clause

Question 128

Under RESPA, the uniform settlement statement must be delivered:

Answer 128

at or before the settlement date

Question 129

Usually, an escrow officer is authorized to:

Answer 129

call for the funding of the buyer’s loan

Question 130

What loan may be described as a “balloon loan”?

Answer 130

a partially amortized loan

Question 131

Who would most likely pay for the mortgage insurance premium?

Answer 131

a homeowner who assumed an FHA loan (mortgage insurance premiums are only found on FHA loans)

Question 132

If a broker delegates specific authority to a salesperson to supervise, review, and initial real estate contracts prepared by other salespersons, the delegated salesperson must have:

Answer 132

accumulated at least 2 years full-time experience as a real estate salesperson during the preceding 5 years

Question 133

Lenders commonly charge points to:increase effective yields, close the gap between fixed interest rates and market rates, help defray the costs of the loan, all of the above

Answer 133

all of the above

Question 134

Each of the following would be subject to property taxes, except: possessory interest of the lessee in oil, and gas rights in real property owned by the government; a mobilehome installed on a permanent foundation system; intangible personal property; vacant land in an unincorporated section of the county

Answer 134

intangible personal property

Question 135

When a seller of property allows the buyer to owe him a portion of the purchase price and charge zero interest, the Internal Revenue Code considers:

Answer 135

interest payments to be imputed to the seller and deductible by the buyer

Question 136

“Kiosk” is a term used to identify:

Answer 136

an information booth in a mall

Question 137

Which party would be most likely to file an unlawful detainer court action?

Answer 137

an offended lessor - describes an angry landlord. They use an unlawful detainer court action to evict a tenant

Question 138

When a river suddenly changed course, it tore away a strip of land from the river bank. Such an event is called:

Answer 138

avulsion

Question 139

Title to personal property is transferred with a bill of sale. A valid bill of sale must:

Answer 139

have the seller’s signature

Question 140

What can be considered a hidden cost of home ownership?

Answer 140

lost of interest on the owner’s equity

Question 141

All of the following are common types of misrepresentation, except: innocent, malicious, negligent, fradulent

Answer 141

malicious

Question 142

An offer which is made contingent upon the buyer’s first obtaining a satisfactory lease on another property is:

Answer 142

a valid offer

Question 143

When preparing an appraisal of a home, how does the appraiser calculate the square footage of the improvements?

Answer 143

measure the exterior dimensions of the structure

Question 144

When a real estate broker becomes an agent for a seller or a buyer in a real estate transaction, what type of relationship has been established?

Answer 144

fiduciary

Question 145

When prospective buyers of a home request a real estate broker’s assistance in obtaining an FHA loan, the broker would most likely contact:

Answer 145

an institutional lender, such as a bank or savings & loan

Question 146

When does the cost of real property most likely equal its value? in a neighborhood where there is a supply and demand imbalance, when the improvements are new, when improvements on the property represent the current highest and best use of the land; when both b and c are true

Answer 146

when both b and c are true

Question 147

When deciding whether or not to make a proposed real estate loan, most institutional lenders try to minimize the:

Answer 147

likelihood of a substandard loan becoming a part of their loan portfolio

Question 148

When a real estate auction is held, the auctioneer usually is acting as the agent for the:

Answer 148

seller