PSI EXAM Flashcards

1
Q

A purchase contract required that the property be free of tenants when the property conveyance occurred. On the day of closing, the tenants were still living in the property. Who is responsible for ensuring that the tenants vacated the property prior closing?

A

The Seller

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2
Q

A real estate broker enters into an agreement to represent to a buyer who is seeking a property to purchase and remains a single agent throughout the transaction. A seller with whom this broker negotiates is this brokers?

A

Customer

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3
Q

An investor has come to the broker because he may be interested in selling one of his residential properties. His family has owned the eight unit building for several years and have kept accurate records of income expenses. The investor brings out a file of lavish improvements that he has completed inside each of the units, including granite counters, top of the line appliances and marble floors. He has no idea what the property is worth and has asked the broker to tell him what his potential profit will be before he guess to list it. In this situation what is most important for the broker to explore before counseling the investors and putting his units on the market?

A

Explain that he will develop his opinion of valve by using the income approach and that the investors may not be able to recover all the cost of his improvements.

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4
Q

A broker has a listing agreement to deliver to his out of town, to properly secure this listing the agreement

A

May be in electronic format.

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5
Q

Working to convince a potential buyer that a single family house near a university could be converted to student housing, broker guarantees the buyer a substantial profit. Such a guarantee

A

Constitutes failure to engage in competent practice under the real estate rules and regulations.

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6
Q

A recently widowed farm owner has called a broker to list a one acre building site in order to raise the money to pay the property taxes. How should the broker proceed?

A

Contact the municipality to determine if this is possible, an then have surveyor prepare the description.

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7
Q

A listing broker has recently sold a house to an investor. Prior to making an offer, the investor told the broker he planned to turn the large property into apartments. It was around many multi family properties. The buyer has now discovered that the other properties are non confirming, and that the area is zoned single family. The broker

A

Should have advised the buyer to check the zoning in the area before purchasing property

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8
Q

A real estate professional working with a buyer has disclosed the options for representation under the state law but has not signed a buyer representation agreement and considers that buyer a customer. While showing the buyer a property, which of the following statements by the professional could create implied agency in a jurisdiction where the common law of agency prevails ?

A

“You should offer $20,000 less than the asking price due to repairs needed on the property.”

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9
Q

A seller is unhappy with the effort being put forth by the listing broker and wishes to terminate the listing and relist wit a different broker. How should the broker advise the seller?

A

Tell the seller to ask the listing broker to agree to terminate the listing. Agency is a bilateral relationship which may be terminated by mutual agreement.

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10
Q

Seller A entered into an option contract with buyer B. The contract allowed for a price of $200,000 which seller A will honor for 12 month period exclusively for buyer B. This would be an example of

A

Bilateral contract where both parties have an obligation to perform

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11
Q

A licensee representing a seller has which of the following duties?

A

Advising the seller to obtain advice about material matte beyond the licensee’s expertise.

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12
Q

A licensee representing a seller has which of the following duties?

A

Advising the seller to obtain advice about material matte beyond the licensee’s expertise.

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13
Q

A broker hires an inactive broker to conduct open houses. Which of the following statements about this situation is Correct?

A

The broker may face disciplinary action for incompetent practice

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14
Q

A property is listed at $450,000 and the pre qualified buyer believes no additional financing will be needed. The buyer is then notified the property is encumbered with $30,000 mortgage. The buyers agent advises his buyer to assume equity by paying the $30,000 mortgage. The sales contract with no mention of existing mortgage terms. The closing statement reflects the price of the property at $450,000 with a credit for $30,000 mortgage. The deed to the buyer was exempt and the loan did not fund. When the mortgage debt was not paid, the mortgage foreclosed. Who is liable for the foreclosure?

A

Buyer

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15
Q

Which of the following is a feature of a quitclaim deed?

A

It need not contain warranties

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16
Q

A broker has listed a property for $225,000. An offer of $210,000 contingent upon inspection comes in the first week and the seller accepts it. Another offer of $205,000 comes in the second week. The seller accepts it as a secondary offer contingent upon the termination of the first offer. The first offeror demands the seller spends $5000 in repairs before going through with the purchase. The seller may do all of the following except?

A

Ignore the demand and sell the property to the second offeror

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17
Q

The buyer gave the broker an earnest money deposit of $5,000. As closing was approaching the buyer discovered he needed $2,000 back in order to pay a charge card and get his debt to income ratio where it needed to be to obtain the loan. The broker wrote to him a check for $2,000 from the trust account. Is this acceptable, Ann why or why not?

A

Yes, because this practice would be permissible with the seller and the buyers written permission.

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18
Q

A potential buyer seems to be very knowledgeable about home purchases, and decides not to require an inspection, hoping that the lack of an inspection contingency will help to convince the seller that his offer is the best deal. The buyers broker has noticed a few things that have raised his concerns about the condition of the house. What responsibility if any, does the buyers agent have in this situation ?

A

The agent should explain his concerns to the buyer and work to persuade the buyer include an inspection contingency.

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19
Q

An associated licensee has decided to disclose latent defects in properties he list for the brokerage firm only if a buyer makes a specific inquiry. The broker in charge has never discussed this issue with the licensee and does not require any reporting from associated licenseees because they are independent contractors. When the licensing board investigates complaints arising from this practice they are likely to find the broker in charge

A

Share the liability for this licensee’s wrongdoing

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20
Q

The current real estate market has been booming for the last 5 years and there is still demand for properties, though the market has slowed for both rental and sale analysis of the areas job market shows a rise in unemployment and stagnant wages, though living costs are still rising. For the last few years the area has welcomed influx of new residents but this has almost stopped as job opportunities decline. A real estate broker has been asked by a homeowner whether to sell now or wait until market goes higher in the net year or two. Give the facts, what courts of action would a prudent professional recommend to the seller?

A

Selling the property now, as the market appears likely to adjust downward.

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21
Q

Buyer Jim signs a purchase contract at the asking price with no contingencies and the 30 day closing date as specified by the seller. Seller Tom changes the contract closing date of 40 days and signed the contract. This contract in its present form is?

A

Invalid since the signed documents do not yet indicated mutually agreed upon terms

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22
Q

A real estate brokerage advertises specifically for buyer who wish to purchase using VA loans. Do these advertisements violate veterans rights or the advertising rules of the federal fair housing act?

A

No, because veterans from all protected classes can qualify for VA loans

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23
Q

A salesperson represents the seller of a commercial property. The salesperson tells the buyer a new highway exit ramp will be built within six months to give access to the property although that is only one of the several possibilities being considered by local planers. The exit ramp is subsequently located elsewhere. Could the salesperson be liable to the buyer for the statement about the ramp?

A

Yes, the statement was material misrepresentation

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24
Q

The buyer was given a loan estimate at the time of the application for the mortgage and it is now 3 business days before the closing. The appraisal and the closing disclosure have been given to the buyer. The buyers broker meets her client at the property for a walkthrough and to review the documents. Which of the following occurrences will result in the buyer having the right to an additional 3 days to review the documents ?

A

The loan product as changed from a fixed rate to one that is adjustable

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25
Q

Which of the following are most likely to be addressed by building codes?

A

Construction standards

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26
Q

A licensee Is the property manager for a shopping center. The shopping center owner tells the licensee to avoid internet marketing because he distrusts the technology. The licensee discuss this with the owner, but eventually complies. The licenses compliance Is due to the duty of?

A

Obedience

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27
Q

A feature of joint tenancy with a survivorship is that?

A

The surviving joint tenants acquire the property free and clear of any liens against the deceased

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28
Q

An appraisal made by a certified appraiser is required

A

When the buyer is using an FHA loan to purchase

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29
Q

A statement “ A contract for the transfer of an interest in land must be in writing. Best defines which of the following real estates concepts?

A

Statue of Frauds

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30
Q

To participate in a referral service, a broker company must

A

Have a written agreement with the cooperating broker

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31
Q

Jon sells a property for $80,000 and earns a 3% commission. Jon obtained the sales for this transaction based on a co brokerage agreement referral for a 50/50 split. Jon works under a managing broker who is owed 40%. How much did Jons managing broker earn from this transaction?

A

$4800

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32
Q

Neighbor A has a property adjoining to neighbor B. Neighbor A has been driving across the yard of neighbor B for the past 8 years to access his property even though there Is direct access to his property. The common principle created is

A

An easement by prescription

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33
Q

A sellers agent is contacted by a potential buyer whose financial status is questionable. When asked to write an offer, the agent should

A

Relay any reservations to the seller

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34
Q

Buyer and seller enter into a contract. The buyer refuses to purchase for a reason not to excused by a contingency. Which statement is correct?

A

The seller has the right to terminate the contract and keep the earnest money deposit

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35
Q

A buyer is purchasing a bank owned property. The broker explains the type Of deed she will be receiving only promises that the bank has the right to sell the property and that they have not encumbered it. What type of deed will the buyer most likely receive?

A

Special warranty

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36
Q

Borrower applied for a loan on the home of their dreams and were approved for very long specific terms based on their credit scores and income. At closing, the interest rate had doubled in the loan documents that were presented for their signatures. The borrowers were told that this was likely to be their only chance to receive any sort of loan and they must sign today. They were told if they did not sign that they would lose the house. This was?

A

Unacceptable because the borrowers were pressured to take the loan

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37
Q

A broker listed a home in a horse property area that is now surrounded by suburban residential subdivisions with much smaller lots. The listed property is immediately adjacent to a new subdivision and the city is demanding that the road separating the listing from the residential lots must be paved. There have already been neighborhood hearings regarding a proposed special assessment affecting both the horse property owners and the subdivision developer. Condemnation of some land to provide enough space for the road plu sidewalks is also being considered. Since there have been no formal actions on either of these proposals, the sellers instruct the broker not to disclose the meetings to any potential buyers. What are the brokers obligations?

A

The broker must inform the sellers that she has a duty to disclose these material facts even if the seller prefers not to disclose.

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38
Q

A broker with a license in referral status is permitted to do which of the following?

A

Refer listings to the brokers previous managing broker for a fee.

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39
Q

A broker listed home. The listing agreement must be delivered to the owner?

A

Upon signing the agreement

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40
Q

A broker notifies their broker company that they are moving to another firm at the end of the month. Which of the following statements is true?

A

The broker shall turn over to the broker company any listing obtained

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41
Q

A licensee representing a seller has which of the following duties?

A

Advising the seller to obtain advice about material matters beyond the licensee’s expertise.

42
Q

Which of the following inducements is ALLOWED?

A

Making a donation to the buyer and sellers favorite charity with their knowledge and approval.

43
Q

A selling managing broker receives a promissory note as earnest money on an offer. The selling managing broker should

A

Inform the seller prior to acceptance that the earnest money deposit is other than cash.

44
Q

The broker company wants to disclose earnest money from their earnest money account from transactions that did not close. They may

A

Ask for a mutual release from the broker companies.

45
Q

A licensed broker, acting as a real estate appraiser, accepts and appraisal assignment based on a predetermined value. The broker may?

A

Be subject to license revocation or suspension

46
Q

The proper way for a listing broker company to split a commission is to pay

A

The agreed amount to the selling broker company

47
Q

In a case of alleged illegal conduct by a broker in. The course of a real estate transaction, which of the following statements about the managing broker is true?

A

The managing broker may be held accountable for any actions of the broker

48
Q

In real estate, a “client” is best described as a person who has ?

A

Entered into an agency relationship with a real estate licensee.

49
Q

A tenant executes a 1 year lease on a residential property. Five months later the landlord sells the property to a third party who wants to take possession. If the lease is silent which of. The following best describes the status of the lease?

A

The lease is not terminated and the buyer does not take possession until lease expiration.

50
Q

A broker with a license in inactive status is permitted to do which of the following?

A

Refer listing to the brokers previous managing broker for a fee.

51
Q

A broker listed a home. The listing agreement must be delivered to the owner

A

Upon signing the agreement

52
Q

A real estate agent uses inappropriate comparable properties for purposes of valuation in a comparative market analysis to help her buyer client determine a reasonable offer. Which outcome below would expose The agent to liability?

A

A buyer overpaying for a property

53
Q

A successful contractor does beautiful finish work for an investment company. The investment company buys properties that need extensive work. They have been making a decent income by improving them and turning them over quickly. The market has recently slowed and the investors need to sell one of the properties in their portfolio. They have gotten behind in paying the contractor for his work and assume they will pay him from the proceeds of the sale. A week later the investors accept an offer and put it in escrow. Considering the contractors professional relationship with the investment company, which of the following circumstances would be most likely to cause a delay in the close of escrow?

A

Contractor files a notice of mechanics lien in the public record where. The property is located.

54
Q

An elderly couple is represented by a broker who does not hold any professional license other than the broker license. The couple finds a home they want to purchase and ask their brokers advice about how to take title, explaining that they want to be sure that when one of them dies the other will automatically become the sole owner of the home. It would be most appropriate for the broker to?

A

Recommend that they consult a real estate attorney about the best way to ensure this outcome

55
Q

What Is the best way to discover most encroachments on a piece of property?

A

Land survey

56
Q

Why do lenders use the standardized forms issues by Freddie Mac and Fannie Mae?

A

They required of lenders who want to sell mortgages in the secondary mortgage market.

57
Q

In what type of title insurance does the coverage amount decrease as the mortgage balance decreases?

A

A lenders or loan policy.

58
Q

A prospective seller has arrived to discuss a listing with a broker for a 3 bedroom 1 bath house within a swimming pool and 2 car detached garage. She explains to the broker that her mother had the property in a trust and she has two sisters that have an equal share off their mothers estate. The house faces the freeway and the prospective seller says she has been at the house during rush hour and hasn’t noticed any noise. There is also some kind of work going on in a vacant lot next to the house. What should the broker do next?

A

Ask to see her identification, a copy of trust and review the preliminary report before she does anything further with the sale.

59
Q

A tenant with a disability may reasonably make reversible changes in the physical structure of an apartment to accommodate the tenants disability if

A

The tenant pays for the modifications

60
Q

A buyer wants to purchase a home for $160,000 with a 15% down payment. The lender charges 2 points. How much money does the buyer need up front to make the purchase.

A

$210,000 x 0.004=840

61
Q

A city has determined that next fiscal year they will need to raise $1,240,00 in real estate tax revenue. The assessed value of all real estate within the city is $310 million, so the city establishes a mill rate of $.004. A property owners home in the city is assessed for tax purposes at $210,000. Next fiscal year, what will this property owner pay in property taxes

A
62
Q

A home warranty for a previously owned home would likely cover which of the following?

A

Plumbing, electrical and other home systems along with major appliances.

63
Q

A broker meets with his client who owns a vacant retail store that is in demand by fast food stores. The area is growing rapidly, and occupants have a history if successfully growing their business. The owner has asked the broker to recommend the most beneficial type of lease to maximize his income. What kind of lease should the broker recommended?

A

Percentage lease

64
Q

A developer has a 25 acre tract to be developed. Five percent of the land will be used for parks and 15% will be used for the streets. Half acre lots are selling for $19,500. What is the potential gross income from the sale of this development?

A

$780,000
25 acres x43560= 1,089,000sf
5% parks + 15% parking =20%
100%-20%=80%
1,089,000 * 80%=871,200
1/2 acre lots= 21,780sf (43560/2)
871,2000 * 21,870= 40
40 x 19,500= $780,000

65
Q

A listing broker presents an offer from a customer that meets every term asked for in the listing agreement. The seller decides not to sell. Which of the following statements is most likely true?

A

The broker could collect a commission

66
Q

In which of the following cases will a formal appraisal always be required?

A

In order to obtain an FHA loan.

67
Q

What kind of lease would require the lessee to pay the taxes, insurance, repairs and other operating expenses of the premises in addition to the regular rental payment?

A

Net lease

68
Q

A broker has been charged with using improper terms without Full disclosure when advertising a real estate property. The broker has Most likely violated?

A

The truth in lending act

69
Q

An appraiser who is estimating market value of a mixed used commercial property with living space above it would use which two approaches to value?

A

Income and sales comparison

70
Q

A lease in which the tenant pays a fixed or base rent and a percentage of the costs for maintaining the building is a ?

A

Net lease

71
Q

An elderly couple is represented by broker who does not hold any professional license other than the broker license. The couple finds a home they want to purchase and ask their brokers advice about how to take title, explaining that they want to be sure that when one of them dies, the other will automatically become the sole owner of the home. It would be least appropriate for the broker to sole owner of the home. It would be least appropriate for the broker to?

A

Recommend that they take tittle as joint tenants or tenants by the entirety to ensure the desired outcome.

72
Q

Which of the following will not terminate an offer to purchase real estate?

A

Death of the offeror/offeree

73
Q

A contract is terminated if

A

It is impossible for one of the parties to perform

74
Q

Private controls on land use include

A

Deed restrictions

75
Q

Brokerage firm holding earnest money deposit in trust account pending closing to take place in a month. Broker is short on funds and uses some of the earnest money deposit to cover his rent. Broker knows he will have another closing in a week and can return the funds. Are the brokers actions legal and why?

A

No, illegal act of conversion could result in criminal penalties and loss of license.

76
Q

Owner wants to list a property for sale, “as is.” Listing agent should

A

Question the seller of any known defects

77
Q

Federal rules require closing disclosure documents provided by lender. Broker should counsel the borrower to review document and compare it with the loan estimate document. Closing disclosure should be received at least ___ days prior to the loan consummation?

A

3 days

78
Q

Which of the following actions best demonstrates compliance with fair housing laws?

A

Maintaining accurate written records with any client or customer.

79
Q

Person willing to pay $100/month and nothing more to rent a heated garage. What lease is appropriate

A

Gross Lease

80
Q

A borrower was offered a home loan of $100,000 with an interest rate of 3%. All appropriate forms and disclosures were utilized. This would be an example of predatory lending if the loan required the borrower to?

A

Pay a pre payment penalty of 20% of the balance.

81
Q

Townships, Ranges, and sections are used in which type of legal description?

A

Government survey

82
Q

Deed restriction means the same as ?

A

Restrictive covenant

83
Q

Parcel of land sold for $69,500. It was purchased 4 years ago for $42,000. What was the appreciation of this investment?

A

69,500-42,000=27,500
27,500*69.5=39.6%

84
Q

When may a salesperson open his own real estate business without a sponsoring broker?

A

After he meets all requirements and becomes the sponsoring broker.

85
Q

If a person is a licensee, but not a broker, that person

A

Must be licensed through that sponsoring broker

86
Q

X signs a sales contract with a mortgage contingency, but tells the seller that if X is unable to secure a loan, they will pay cash. X has paid earnest money, when can X cancel the transaction and still get the earnest money back.

A

An undisclosed issue would not allow the lender to disburse the loan in time.

87
Q

An appraiser knows construction cost and square footage of land. What approach to value do they need to determine?

A

Cost

88
Q

A landlord uses their master key to enter rental without consent from tenants. Are they allowed to do this?

A

No, because of quiet enjoyment

89
Q

X wants to only lease a garage that is part of a property. What would be the best type of lease to use?

A

Gross lease

90
Q

Discount points?

A

Increase yield to the lender

91
Q

A client is leasing a building and wants to minimize her expenses. What lease should she ask for?

A

Gross lease

92
Q

Which of the following would be considered a property improvement?

A

A chicken coup permanently attached to the land

93
Q

Which of the following does not buy loans in the secondary mortgage market?

A

Federal housing administration

94
Q

When compared with a 30 year payment period, taking out a loan with a 20 year payment period results in ?

A

Higher monthly payments

95
Q

A property contains 10 acres. How many lots of not less than 50ft by 100ft can be subdivided out of the property if 26k square feet were dedicated for roads?

A

10 acres x 43,560 - 435,600sf
435,600 minus 26,000= 409,600
50x100=5000sf lots
409,600 f divided by 5000=81.92
NOT LESS THAN 50 x 100 DO NOT ROUND UP

96
Q

Permitted land uses and set asides, housing projections, transportation issues, and objectives for implementing future controlled development would all be found in a community’s?

A

Comprehensive plan

97
Q

All of the following would be considered real property except?

A

Leasehold estate

98
Q

A single property is regulated by building codes, zoning, and deed restrictions. The rules are on conflict with one another. Which restrictions must the owner obey?

A

The strictest or most limiting restriction applies

99
Q

The servient estate in an easement appurtenant is?

A

On whichever property the easement is placed

100
Q

An item may be considered personal property as opposed to real property provided that?

A

The owner intends to remove it after a period of time