Prepagent terms from YouTube studying Flashcards
If five people owned property as joint tenants:
A) and one of the owner dies, his heirs become tenants in common with the surviving co-owners
B) they need not own equal interest in the property
C) each co-owner has separate legal title to his undivided interest
D) there is still only title to the whole property
D) there is still only title to the whole property
Joint tenancy can be summarized with the acronym TTIP: Time, title, interest and possession. No matter how many joint tenants there are, there is still only one title to the entire property. Each tenant must hold an equal interest in the property.
Less-than-freehold estates consist of estates held by:
A) optionees
B) trustees,
C) Lessees
D) grantees
C) Lessees
Less than freehold estate: also referred to a “leasehold estate“, a less than freehold estate is held by a lessee [it is important to note that it is not necessary to sign for lessee because acting as lessee is the same as signing as lessee] they are considered personal property or a chattel real
When I situation is such that damages was not provide an adequate remedy (like a breach of contract contract), a suit for specific performance could be successfully brought by all of the following except:
A) the seller of a condominium
B) one of the principals being represented by an attorney-in-fact.
C) a licensed real estate broker acting as agent for the principals
D) the buyer of an income property
C) a licensed real estate broker acting as agent for the principals
Suits for quote specific performance “our remedy provided by a court that orders the losing side to perform it’s part of a contract instead of paying monetary damages to the winner. One example is when a seller backs out of a real estate sales contract, but the buyer would prefer the court to force the seller to sell rather than the awarded financial settlement. In real estate brokers cannot see for specific
Which of the following approaches to value estimate tends to set the upper limits of value:
A) Replacement
B) income
C) comparable sales
D) market comparison
A) Replacement
Cost (replacement) approach set the upper limits of value. Cost (replacement) approach is the process of estimating the value of a property by adding to the estimated land value the appraisers estimate of the replacement cost of the building, less depreciation
The unit of comparison when using the next data approach to appraise a single-family residence, is the:
A) capitalization rate;
B) square foot
C) cubic foot
D) Entire property
D) Entire property
Market data (comparison) approach utilizes entire property as the unit of comparison
An appraisers narrative appraisal report of a single – family residence probably would contain no reference to:
A) A special studies zone map
B) the neighborhood amenities
C) The appraisers qualification
D) a buyers financing
D) a buyers financing
Narrative report is the most comprehensive of the three types parentheses letter form, short form, narrative) that includes all the information obtained by the appraiser as well as the methodology behind the calculations and value conclusion. But as comprehensive as it may be it does not contain the buyer‘s financial condition because how you pay for the property is not relevant to the value of the property itself.
The usual listing contract authorizes a broker to:
A) convey the real property that is the subject of the listing
B) find a purchaser and Bind his principal to a contract to sell
C) assure prospective purchaser that an offer meeting the terms of the listing will be accepted by his principal
D) find a purchaser and accept a deposit with an offer to purchase
D) find a purchaser and accept a deposit with an offer to purchase
The usual listing contract authorizes a broker to find a purchaser and accept a deposit with an offer to purchase
Economic obsolescence is a cause of depreciation that can occur because of:
A) wear and tear of the property
B) An out of date heating system
C) poor design in the property
D) Factors extraneous to the property
D) Factors extraneous to the property
Economic obsolescence is a cause of depreciation that can occur because of factors extranuous to the property. In other words, your property loses value for reasons that have nothing to do with the property
What is the Mello-rose tax?
California tax for local improvements in a new community that’s being built
Who usually has responsibility for providing streets, utilities, sidewalks, and curves in a new subdivision?
A) the builder/developer
B) the city
C) the local office of building and safety
D) the county
A) the builder/developer
Developers responsibilities are to make sure the streets, curbs, sidewalks, utilities and gutters in a new subdivision are completed and functional
The law which gives cities and counties control over the physical design of subdivisions is:
A) the subdivided Lands Act
B) the Architecture Control Act
C) the City and County Act
D) the Subdivision Map Act
D) the Subdivision Map Act
The subdivision map act gives certain municipalities control over subdivision design. It is enforced by the respective city or county in which it is enacted
When a lender makes a loan regulated by the real estate settlement procedures act, the loan applicant must be provided with which of the following?
A) An application for private mortgage insurance
B) A loan estimate
C) A bill of sale
D) forms for applying for the homeowners exemption
B) A loan estimate
When a home buyer applies for a home loan, the TILA/RESPA Integrated Disclosure rule requires the lender to provide a loan estimate to the buyer within three days of the receipt of the loan application, and all revisions have to be delivered at least seven days before closing. The loan estimate details the loan terms, mortgage payments, cost at closing and other cost and fees related to the loan, many of which cannot change
The term “warehousing“ is used in real estate financing means:
A) The financing of industrial warehouses
B) A mortgage company collecting loans prior to resale
C) A large bank of savings and loan
D) unregulated real estate loans
B) A mortgage company collecting loans prior to resale
warehousing is when a lender collects loans and puts them out as a package for sale. It is the process by which a mortgage banker or mortgage broker assembles mortgages that he or she has made and prepares the mortgages to be sold in the secondary mortgage market. By selling these mortgages the originator now has additional capital that can be used to make more mortgages which intern may be sold in the secondary mortgage market.
When a lender loans a borrower 100% of the purchase price of a house, and the loan is not government – related, the lender would be best protected by:
A) a downturn in the economy
B) low monthly payments
C) a low interest rate
D) appreciation
D) appreciation
A lender is best protected by the appreciation of the property with loans made for 100% of the purchase price of the property. Ideally the value of the home is always greater than the debt to the lender, so if the borrow defaults the lender can sell the property and get their money back.
Difference between mortgage vs trust deed
Mortgage 2 part system
- mortgagor
- mortgagee
Trust deed - 3 part system
- trustor - gives the pledge
- trustee: neutral third party Who receives it on behalf of the beneficiary
- beneficiary
Which of the following is an example of a less – than – freehold estate?
A) estate in severalty
B) fee simple determinable
C) leasehold
D) fee simple estate
C) leasehold
Freehold and various forms of fee simple estates mean ownership, while a lease-hold estate means renting
A property owner lists his property for sale with a broker. During the negotiations, the owner told a broker that the owner wanted $138,000 for the property. And anything above that amount the broker could keep as his commission. The listing with this type of provision is known as a:
A) open listing
B) gross listing
C) non exclusive listing
D) net listing
D) net listing
Not listing agreements are legal in many states and frowned upon in the others. That’s because of the potential for unfair advantage and the conflict of interest they create. For example let’s say a seller believes his home is worth $138,000 and is happy with that amount however the broker thinks he can get $175,000 and does instead of a more typical 9500 and commissions under in that listing..
A broker who holds a valid listing on a property places a classified ad for the property containing only the following information: “for sale: three bedroom, two bath home with swimming pool. Asking price $165,000. Telephone 555–9276“. This type of advertisement would be an example of a:
A) Silent ad
B) qualified ad
C) display ad
D) blind ad
D) blind ad
Blind advertising is any real estate advertisement that does not properly identify the broker. When advertising real property as an agent, a salesperson must always remember to include the employing broker‘s name in the advertisement.
One of the main benefits of a sale-leaseback transaction would be:
A) you can get the deposit back with no objection
B) you have the option to lease the property back after the termination of the lease
C) The ability of the seller to deduct all of his future rent payment as business expenditures
D) The ability to maintain the book value of the new buyer
C) The ability of the seller to deduct all of his future rent payment as business expenditures
In the sale-leaseback the seller becomes a tenant, thus allowing the seller to deduct all of his future rent payments as a business expenditures
What is the sale-leaseback?
When you sell the property and you become the tenant
In order to comply with the regulations of the state Housing Law, a person should seek the issuance of a building permit from:
A) the California Department of Real Estate
B) the local Department of Building and Safety
C) the nearest office of the Department of Housing and Community Development
D) the California Department of Urban Renewal
B) the local Department of Building and Safety
The local Department of Building and Safety is responsible for issuing building permits
Property taxes are described as “ad valorem” taxes”, “Ad valorem” most nearly means:
A) Replacement value
B) According to value
C) Market value
D) Reproduction value
B) According to value
Property tax by definition is a tax that is assessed according to value, or an “ad valdorem” tax.
What is the California Transfer Disclosure Statement?
It’s what the seller has to fill out to reveal all known defects on the property. And if anything is faulty, the buyer has two years to go after them for it
What type of appraisal license is required to appraise a commercial strip mail valued at $700,00:
A) certified general license
B) retail appraisal license
C) certified residential license
D) Residential real estate license
A) certified general license
An appraiser intending to appraise a strip mall woulbfirstcneed to acquire a certified general license
Definitions of market value is least concerned with:
A) market cost
B) objective value
C) value in exchange
D) open market
A) market cost
Market value is the present worth of one commodity to draw on the open market. How much an item costs has no relevance to value
What are settlement services in regards to RESPA?
any service provided in connection with a real estate settlement, which includes (but is not limited to) origination of a loan, closing services, title services, title insurance, document preparation, property surveys, inspections and appraisals, the rendering of credit reports.
RESPA prevents illegal kick backs from these services
The main purpose of “RESPA” (Real Estate Settlement Procedures acts) is to:
A) To provide consumers with enough information to enable them to shop for settlement services
B) Place a fixed limit on settlement costs on a residential property of four units or less
C) To standardize settlement services through out the United States
D) place a fixed limit on settlement costs in all real estate transactions
A) To provide consumers with enough information to enable them to shop for settlement services
RESPA applies to 1-4 family residential dwellings and is primarily there to provide consumers with enough information to enable them to shop for settlement services.
What are special purpose properties?
Examples of special purpose properties, and what appraiser would likely use what approach for them:
Properties with no income or comparable property
Special purpose property examples - schools, libraries or police stations
Appraiser would likely use cost approach for them
If an appraiser is appraising a special purpose property he would probably use the:
A) income approach
B) market date approach
C) land residue approach
D) cost approach
D) cost approach
Cost (replacement) approach is most commonly used to appraise special purpose properties or buildings
What are less-than-freehold estates
leases:
Leasehold estate
- an estate for years
- estate from period to period
- Estate at will
- estate at sufferance
A fee simple estate is
A) a leasehold estate
B) an estate for years
C) a less-than-freehold estate
D) an estate of inheritance
D) an estate of inheritance
A fee simple estate, also referred to as an “estate of inheritance “, is a type of freehold estate,. It is indefinite in duration. A fee six estate can also be sold or inherited, and it is not free of encumbrances. A fee simple absolute is the most interest one can hold.
taxes are still involved
Constructive fraud
For an action or series of actions to be considered constructively fraudulent instead of actually fraudulent, the acts must have taken place without the intent to deceive another party. Depending on the details of the situation, accidental omissions and honest accounting errors may be considered constructive fraud.
Attempted fraud
Acts of deception that fail are considered to be attempted fraud and treated separately than actual fraud, but attempted fraud can still carry stiff penalties.