Real Estate Flashcards
All of the following items are personal property EXCEPT: A. A lease B. Potted plant C. Living room furniture D. Yard shrubbery
D. Yard shrubbery
Authorization for zoning comes from the: A. U.s. constitution B. Police power C. Statutes of frauds D. Real estate commissioner
B. Real estate commissioner
Which of the following does NOT fall under police power?
A. Health department and fire department regulations
B. Licensing of real estate agents
C. Zoning ordinances
D. Taking land for schools
D. Taking land for schools
Which of the following items is considered personal property? A. Fence around a yard B. Growing trees C. Installed water heater D. A trust deed or mortgage
D. A trust deed or mortgage
The party to whom a deed conveys real estate is called the: A. Grantee B. Grantor C. Beneficiary D. Buyer
A. Grantee
The trespass of an improvement on another’s land is known as a(n): A. Encroachment B. Easement C. License D. Lien
A. Encroachment
Which of the following situations BEST illustrates a zoning variance?
A. Creating a political zone
B. Granting permission to build an improvement contrary to the existing zoning
C.a use in violation of present zoning laws but permitted because the use was in effect prior to the current zoning
D. A grandfathered use
B. Granting permission to build an improvement contrary to the existing zoning
Which of the following best defines an encumbrance?
A. Any lien or claim on the title
B. An improvement built on a neighbor’s property
C. A non-conforming use
D. A quit claim deed
A. Any lien or claim on the title
Front footage is the: A. Area of a tract of land B. Width of a parcel along the street C. Depth of a parcel from the front to the rear D. Perimeter of a parcel of land
B. Width of a parcel along the street
If an area in which an apartment complex is located is renowned to allow only single family homes:
A. It’s use may continue
B. More apartments may be added on
C. The units may now be sold as single family residences
D. If a portion is destroyed it cannot be rebuilt
A. It’s use may continue
Which of the following elements is NOT essential to a binding contract? A. Lawful object B. Legally competent parties C. Monetary consideration D. Meeting of the minds
C. Monetary consideration
In a contract there is always an offer and: A. Execution B. Acceptance C. Counter offer D. Right of rescission
B. Acceptance
A clause in a lease, in which the lessor agrees that the lessee shall have the right to purchase the property at the same price as offered by a prospective purchaser is called a(n): A. Option clause B. Right of first refusal C. Equity of redemption D. Reversionary rights
B. Right of first refusal
When a contract is based on misrepresentation of a material fact the contract is:
A. Illegal
B. Voidable by both parties
C. Voidable by the party damaged by the misrepresentation
D. Unenforceable on either party
C. Voidable by the party damaged by the misrepresentation
A contract where one promise is NOT exchanged for another promise is a(n): A unilateral contract B. Bilateral contract C. Expressed contract D. Implied contract
A. Unilateral contract
A listing agreement in which the owner promises to pay a commission under all circumstances of sale EXCEPT if the owner sells the property, is known as a(n): A. Exclusive right to sell listing B. Exclusive agency listing C. Net listing D. Open listing
B. Exclusive agency listing
An owner sells the property himself and will not owe a commission in all of the following listings EXCEPT in an: A. Open listing B. Open net listing C. Exclusive agency listing D. Exclusive right to sell listing
D. Exclusive right to sell listing
A listing in which the seller pays the broker, even though the seller sells the property without the aid of the broker would be called a(n): A. Exclusive agency listing B. Exclusive right to sell listing C. Multiple listing D. Open listing
B. Exclusive right to sell listing
Which of the following items is required to e in a listing? A. Street address B. Rate of commission C. Termination date D. Mortgage debt amount
C. Termination date
The seller is NOT required to pay the broker a fee when she sells her own property in which of the following listings? A. Exclusive right to sell listing B. Exclusive agency listing C. Multiple listing D. Management listing
B. Exclusive agency listing
If a person who has an option to buy a commercial property wishes to extend the term of the option they are most likely to be required to:
A. Obtain a first right of refusal
B. Wait until the option expires
C. Sell the option in order to extend the term
D. Pay additional consideration
D. Pay additional consideration
A seller enters into an exclusive right to sell listing with a broker who has some subagents. Both the broker and subagents show the property extensively but the seller finds a buyer directly. In this situation:
A. The subagents are entitled to a commission
B. The listing broker is owed a commission
C. The seller does not owe anyone a commission
The seller owes a fee to both the listing broker and the subagents
B. The listing broker is owed a commission
If a lease is agreed upon on March 15th but does not take effect until April 1st and ends on March 31st, the lease: A. Must be in writing B. Does not need to be in writing C. Is an implied contract D. Is an invalid contract
A. Must be in writing
If agent A takes an open listing for 6 months on March 1st and agent B takes an exclusive right to sell listing on March 5th for 3 months but agent A finds a buyer on April 15th, what may occur?
A. Only agent A is owed a commission
B. Only agent B is owed a commission
C. The seller may owe both agents a commission
D. No commission is owed to either agent
C. The seller may owe both agents a commission
A contract contains the following language: ‘No changes to this agreement may be made without the prior written consent of both parties.’ What type of communication would be accepted to alter the agreement?
A. A faxed notice delivered by one party
B. An email communication from one party received and accepted by the other party
C.a telephone conversation between the parties agents
D. An addendum prepared by one of the parties
B. An email communication from one party received and accepted by the other party
What type of listing provides fiduciary duties to the seller while protecting the brokers best interests? A. Open B. Exclusive agency C. Exclusive right to sell D. Net
C. Exclusive right to sell
The Sherman Anti-Trust Act regulates:
A. Sale of real estate across state lines
B. Contracts that fall under the statute of Frauds
C. Brokerage firms agreeing to change their fees from commission basis to each firm charging the same flat rate
D. Disclosure of finance charges in a loan
C. Brokerage firms agreeing to change their fees from commission basis to each firm charging the same flat rate
Under a typical listing agreement what is the agency created between the broker and seller? A. Special agency B. Universal agency C. General agency D. Ostensible agency
A. Special agency
A special agent can do all of the following EXCEPT:
A. Represent the principal in all real estate transactions
B. Represent the principal in a specific real estate transaction
C. Sell land
D. Find a ready willing and able buyer
A. Represent the principal in all real estate transactions
A person who hires another individual to act for him is called the: A. Agent B. Principal C. Fiduciary D. Attorney-in-fact
B. Principal
The agency created between the broker and seller in a signed listing is a(n): A. Expressed agency B. Implied agency C. Agency of necessity D. Ostensible agency
A. Expressed agency
If an agent has fiduciary duties to the client, what duties does the client have to an agent?
A. Compensation, indemnification and performance
B. Cooperation, confidential and correction
C. Honesty, disclosure and insurance
D. Information, independence and inspection
A. Compensation, indemnification and performance
XYZ Realty, a small family owned real estate company, was bought out by PDQ Realty which is a large corporation. What is the status of XYZ Realty’s listings at the time PDQ Realty takes owner ship?
A. They remain in effect
B. XYZ can assign them without the seller’s consent
C. The listings are only valid for 30 days after change of companies
D. E must be renegotiated
D. They must e renegotiated
The seller has listed a property with an exclusive right to sell listing. The broker abandons the listing.
A. The listing will remain in effect until its expiration date
B. The seller will have to pay the broker a commission
C. A notice of abandonment must be filed before the listing can be terminated
D. The seller can terminate the listing immediately
D. The seller can terminate the listing immediately
How are ethical standards enforced?
A. They are set in the common law
B. Federal laws and regulations establish the procedures
C. State agencies and professional groups enforce them on their members
D. By numerous Supreme Court rulings
C. State agencies and professional groups enforce them on their members
If one agency is exclusively representing the seller, and a buyer’s broker brings the buyer and seller together it would be a(n) A. Single agency B. Dual agency C. Universal agency D. Ratified agency
A. Single agency
If a salesperson representing a buyer works in one office and a broker representing a seller works in a branch office under the same designated broker,the buyers agent can:
A. Let the buyer know that the seller is going through a divorce
B. Suggest an offer price to the buyer
C. Tell the prospective buyer that the seller is willing to take $10,000 less than the listed price
D. Inform the buyer they should get an inspection
D. Inform the buyer they should get an inspection
If the buyer in a purchase agreement were killed in an auto accident before closing:
A. The purchase agreement is null and void
B. The purchase agreement is voidable by their estate
C. The purchase agreement is voidable by their estate
D. Their insurance company is bound to the contract
B. The purchase agreement is binding on their estate
The amount agreed upon as the full damages in the event a contract is breached is known as: A. Liquidated damages B. Judgment damages C. Punitive damages D. Nominal damages
A. Liquidated damages
The amount of the earnest money is determined bu the: A. Buyer B. Seller C. Buyer and seller D. Broker
C. Buyer and seller
S makes an offer to purchase a home listed by a broker but the seller is not available until Wednesday. On Tuesday S wishes to withdraw the offer. Which of the following statements is correct?
A. S cannot do this as S has signed the contract
B. S must forfeit the earnest money
C. The broker must return the deposit and offer
D. The broker should tell S the offer has been accepted
C. The broker must return the deposit and offer
The signing of an offer by the seller does NOT creat a binding contract if the acceptance is: A. Absolute B. Made by the offered C. Unconditional D. A modification of the original offer
D. A modification of the original offer
Between the time the purchase contract is signed by the buyer and seller, and title changes hands the contract is: A. Executory B. Executed C. Voidable D. Unenforceable
A. Executory
A seller accepts a purchase contract but makes a minor modification in the terms. The purchaser is: A. Bound by the original offer B. Bound to accept the changes C. Bound by the agents decision D. Relieved of the original offer
D. Relieved of the original offer
What type of clause in a contract would protect the buyers and/or sellers agent from being sued? A. Indemnification clause B. Contingency clause C. Due diligence clause D. Liquidated clause
A. Indemnification clause
T made an offer to buy a property which the seller accepted. The acceptance was communicated to T by phone but T died before receiving the contract. In this situation:
A. There is an enforceable contract
B. T’s hires are bound to the agreement
C. T’s death voided the contract
D. The hires must void the contract within 30 days
C. T’s death voided the contract
A provision in a contract to purchase which specifies that the sale depends on whether or not the buyer can obtain financing is a(n): A. First right of refusal B. Contingency C. Option D. Hold harmless clause
B. Contingency
Earnest money is normally held: A. By the listing agents broker B. By the buyers agents broker C. Only in a brokers trust account D. By the seller
B. By the buyers agents broker
An older home is put up for sale and the owner doesn’t tell the listing agents about the poor electrical wiring. When a prospective buyer comes to view the home and asks about the electrical wiring, the agent states that it’s in good working condition. The agent:
A. Has made a considerable misrepresentation
B. Has not done anything because they did not know about the problem
C. Cannot be held liable for any repairs because they were unaware of the problem
D. Has made a puffing statement
A. Has made a considerable misrepresentation
In a contract for the sale of real estate which of the following terms related to alternative dispute resolution? A. Arbitration B. Negotiation C. Special performance D. Contingency
A. Arbitraton
The type of interest usually charged on home loans is: A. Annuity interest B. Accrued interest C. Compound interest D. Simple interest
D. Simple interest
If a mortgage loan payment is paid PITI, which portion goes into escrow(impound) account? A. Interest and taxes B. Taxes and insurance C. Insurance and principal D. Principal and interest
B. Taxes and insurance
Z purchased a property for $15,000 with a $1,500 down payment. Two weeks later Z sold the property for $6,000 more than Z paid for it and realized a 400% return on the original investment. This would be an example of: A. Leverage B. Pottage C. Escalation D. Highest and best use
A. Leverage
The clause in a mortgage that states that the lender no longer has an interest in the property is called a(n): A. Alienation clause B. Satisfaction clause C. Defeasance clause D. Release clause
C. Defeasance clause
The interest rate ad monthly payment are subject to periodic changes in a(n): A. Adjustable rate mortgage B. Graduated payment mortgage C. Package mortgage D. wraparound mortgage
A. Adjustable rate mortgage
The difference between the value and the mortgage balance is called: A. Profit B. Equity C. Loan to value ratio D. Net value
B. Equity
When a listing agent is selling a property using a seller carryback the agent should be most concerned with: A. Clear title B. The buyers income C. The sellers financial status D. Listing price
B. The buyers income
Discount points on a new loan are determined by the: A. Federal home loan bank B. Federal reserve C. Secretary of HUD D. Money market
D. Money market
Insured conventional loans permit:
A. Lenders to make loans with higher loan to value ratios
B. Borrowers to waive principal payments
C. Lenders to insure the entire loan amount
D. Lower interest rates for borrowers
A. Lenders to make loans with higher loan to value ratios
A buyer assumes an FHA mortgage. The seller does NOT want to remain liable. What actions can the seller take?
A. Get a written agreement from the buyer
B. Get a written release from the lender
C. Novate the mortgage
D. Assign the mortgage
B. Get a written release from the lender
The payment of $750 on a fixed rate FHA mortgage increases to $755. This increase is probably cause by an increase in: A. Real property taxes B. The interest rate C. Inflation D. The mortgage insurance premium
A. Real property taxes
Funds for FHA loans are secured from. A. Fannie may B. Approved local lenders C. FDIC D. FHA
B. Approved local lenders
Which of the following loans would have the highest loan to value ratio? A. Conventional B. Conventional with PMI C. FHA D. VA
D. VA
A couple who are winning tennis professionals but have no regular/verifiable income want to buy a home. They have a significant amount of money for a down payment and want to pay off the loan in 5 yrs. what type of loan are they most likely to be able to obtain? A. FHA loan B. VA loan C. Small business administration loan D. Personal bank loan
D. Personal bank loan