Reviews Flashcards
TMK - order
Division, Zones, Sections, Plat, Parcel, (CPR)
CPR- condominium property regime
4 Divisions
Division 1 - Oahu
Division 2 - Maui, Molokai and Lanai
Division 3 - Island of Hawaii
Division 4 - Kauai
Estate may be divided into two categories;
1 - freehold estate
2 - leasehold estate (less than freehold)
a freehold estate is one whose duration is uncertain and indefinite; classification (a) fee simple, (b) fee defeasible, (c) fee tail, (d) life estate
Blockbusting
the discriminatory practice of encouraging members of one race or creed to move into a neighborhood, and then exploiting the situation by persuading residents to sell their houses at deflated prices because of the alleged social deterioration of the neighborhood.
Steering
Directing prospective buyers or tenants into or away from certain areas on discrimination grounds.
Land Contract is
installment contract (Agreement of Sale)
FHA
Federal Housing Administration (est. 1934 under National Housing act) was designed to encourage improvements in housing standards and conditions, to aid in providing an adequate home financing system and to exert a stabilizing influence on the mortgage market.
Planned development housing (PD-H)
formerly called a Planned Unit Development (PUD), involves a specific type of housing and zoning being used more frequently as a means of utilizing the State’s small amount of land as efficiently as possible.
The purpose of such planned development is to encourage a more efficient use of land and public services by allowing a more flexible means of land development than it permissible under lot by lot restrictions.
Hula Mae loans
The Hawaii Housing Finance and Development Corporation of Hawaii (HHFDC) issued tax-exempt revenue bounds to fund a mortgage loan program called Hula Mae.
requirement: citizen and resident of Hawaii, 18 yrs or older, first home buyer, (Doesn’t have to be native Hawaiian)
term; max 30 years.
if leasehold, required to have at least 35 years remaining on the lease
Not including executive meeting, who can attend board meetings?
member of the association
Usury Interest rate
12 %
who must disclose information on a disclosure statements
Seller
An agent’s seller has an agreement under single agency. what does the agent need to tell the buyer.
1: the seller doesn’t like his neighbor
2: the house has a lake view
3: the house leaks when it rains hard
3: the house leaks
Who does lava belongs to when it forms land
State of Hawaii
a house sells for $500,000. It depreciates in 39 years. what is the depreciation after 11 years
500,000 / 39 = 12,820
12,820 x 11 = $141,026
Tax is paid twice a year. if a house is assessed for $250,000 and the tax rate is $1.50 per 100 ($ 15 per mill), what is that tax payment for one installment?
$250,000/100 x 1.50 = $3,750
$3,750 / 2 = $ 1,875 per installment
What is true about airborne radon?
1: it is inexpensive to detect and remove
2: it has obvious odor
3: It is only found in wooden furniture
1 : inexpensive to detect and remove
A certified property associate is renting out units in a condominium. All of the following are true, Except;
1: 67 % of the association must approve
2: all of the board member must approve
3: he/she must live there
4: he must have a real estate license and only accept commission from his/her broker
3: he must live there.
what is distinct about owners who share ownership in common elements?
1: They share walls
2: they get to elect members of the association
3: they must pay assessments and government taxes.
2: they get to elect members of the association
Party Wall is
a wall erected on the line between adjoin properties that are under separate ownership, for the use of both owners. (Adjoining owners)
Owner of a 5-bedroom apartment resides within and rents other 4 rooms. Regarding Hawaii’s Discrimination Law, can the owner discriminate?
1: Yes, he may discriminate based on HIV
2: Yes, he may discriminate based on race or color
3: Yes, he may discriminate by any means.
4: No, he may not discriminate even though he resides there
3: Yes, he may discriminate by any means.
A sales person is showing his agent properties. His client sees a house with a ‘For Sale by Owner” sign. The client tells his agent he is interested in the property. What must the salesperson tell him in response?
1: I can’t call the owner because of the “Do Not Call Law”. The client must call.
2: I can’t contact him because he isn’t working with a licensed broker.
3: I can’t work with him because I won’t be paid a commission.
4: I can call him.
4: I can call him.
A salesperson resides on a different island than where her principal broker office is located. What must she include on her promotional fliers and advertisements?
1: The principal brokerage name or trade name only.
2: The principal brokerage name, address, and telephone number.
2: The principal brokerage name, address, and telephone number.
who is in charge of good faith estimates?
1: FDIC
2: Lending Institutions
3: FHA
4: HUD
2:Lending Institutions
A seller lists a house at $450,000. A lending institution assessed it to be valued $300,000. If the loan is based on a 80% loan-to-value ratio, how much down payment must the seller pay?
$450,000-$300,000 = $150,000
$300,000 x 80% = $240,000
$240,000 x 25% = $60,000
$60,000 + $150,000 = 210,000
What are building codes established to do the most?
1: Make sure all building look the same
2: Adhere to particular standards
3: Create a conforming tax zone for each county
2: Adhere to particular standards
A seller’s agent disclose the minor problems he discovered from doing an inspection of the property to a buyer. The seller claimed everything on the property worked perfectly. However, the buyer moved in and soon after discovered there were major problems with the piping system and later got him money returned. Who will pay for the dollar damages
1: The Seller
2: The Seller’s Agent is equally liable for independently discovering any material facts.
3: The Seller’s Agent
1:The Seller
Zoning ordinances are typically established by;
1: Federal Government
2: State Government
3: Town and city government
4: Courts
3: Town and city government
Which of the following actions can broker take without having a written listing agreement?
1: advertising and marketing the property
2: accepting earnest money deposit on behalf of the seller
3: showing the property with reasonable notice of the seller.
4: calling the courthouse for information on the property.
4:calling the courthouse for information on the property.
Once an offer to purchase is presented to a seller, the
1: buyer is bound to the terms contained therein until the delivery of its acceptance.
2: property is unavailable to any other prospects.
3: offer may be withdrawn at any time prior to delivery of its acceptance.
4: seller may not consider any other outstanding offers.
3: offer may be withdrawn at any time prior to delivery of its acceptance.
The statement “a contract for the transfer of interest in land must be writing” best defines which of following real estate concepts?
1: Acknowledgement
2: mutual Consent
3: Status of Frauds.
4: Status of limitations.
3:Status of Frauds.
Owner has 12 unit apartment building to sell. What of approaches to value should be given the most weight in setting a listing price.
1: cost
2: gross rent
3: income capitalization
4: sale comparison
3:income capitalization
in a mortgage trust deed form of loan, the terms of payment and interest rate would be found on the;
1: Mortgage
2: Deed
3: Loan Application
4: Promissory note
1: Mortgage
an owner signed a contract to sell an apartment building. Just before closing, the owner informed the buyers that the buyer changed his mind and would not sell the property. A lawsuit filed by the buyers would be for;
1: Specific performance
2: Lis pendens
3: Quit tittle action
4: a deficiency judgement
1: Specific performance
Which of items would be prorated at closing with credit going to seller?
1: accrued interest on an assumed mortgage
2: prepaid property tax
3: earnest money
4: un earned rent collect in advance
2:prepaid property tax
One difference between a competitive market analyst and an appraisal is that the appraisal includes information on;
1: near by property failed to sell
2: comparable property presently on the market
3: the highest and best use of the property
4: a range of probable value
4:a range of probable value
During a broker meeting, a broker states that a competitor is not charging enough commission. the other broker should;
1: vote on a new fee
2: reduce their fees
3: remove themselves from the meeting
4: not show the competitor’s listing
3:remove themselves from the meeting
it is a violation of Sherman anti-trust laws.
Which is a direct benefit of investing of income. Producing real estate?
1: the income is always classified as long term capital gains.
2: the tenant is responsible for any tenant improvements.
3: 1031 exchanges may be utilized for income properties.
4: The depreciation period is shorter than for residential properties.
3:1031 exchanges may be utilized for income properties.
An Exclusive agency listing ;
1: may be given to any number of brokers.
2: states that property can only be sold by an agent.
3: allow the owners to sell their own and owe no commission
4: is negotiated directly with a multiple listing system.
3:allow the owners to sell their own and owe no commission
Exclusive Agency vs. Exclusive right to sell listing
The federal equal credit opportunity act prohibits discrimination in that granting of credit because of an applicant’s
1: sexual orientation
2: being a minor
3: having reached retirement age
4: erratic employment history
3:having reached retirement age
A competitive market analysis (CMA) will give the seller
1: appraisal value
2: net proceed of sold properties.
3: probable sales price
4: advertising strategies.
3:probable sales price
Which is TRUE about competitive market analysis?
1: useful to buyer as well as seller
2: used to establish depreciable value
3: employed for insurance purpose
4: usually based on local tax assessmenet
1:useful to buyer as well as seller
the term “point of beginning (P.O.B)” is used in connection with a legal description by;
1: lot and block
2: government survey
3: metes and bounds
4: stree address
3:metes and bounds (tochi kyokaisen)
A precise way of describing by the boundary lines with terminal points and angles. Metes are measures of length and bounds are boundaries.
A method by which a seller can defer all or substantial part of the gain on a sale of investment property is known as
1: an estoppel sale
2: deferred 501c exchange
3: an installment sale
4: 1031 tax deferred exchange
4: 1031 tax deferred exchange
A homeowners association (HOA) has
1: shareholders
2: for-profit status
3: members
4: no tax liability
3: Members
An executed contract for the sale of a property resulted from a significant, deliberate misrepresentation made by the salesperson. Which is true?
1: under the doctrine of caveat emptor, the buyer is bound to the agreement
2: depending upon the nature of the misrepresentation, the agent could claim ignorance as a defense.
3: the agent could be held liable for any financial loss either of the principals.
4: the agreement would be binding on all parties.
3:the agent could be held liable for any financial loss either of the principals
the lead paint addendum that must be presented with the purchase and sale contract for certain older homes will
1: require the removal of all lead paint prior to the closing.
2: provide the buyer with the opportunity to waive the right to lead paint inspection.
3: mandate that sellers remove any lead paint only on interior walls.
4: make the sellers liable for any of the buyer’s lead-related medical problems.
2:provide the buyer with the opportunity to waive the right to lead paint inspection.
A listing agent and his unlicensed assistant are driving to present an offer to a seller when they are in an accident. The assistant is unharmed, but the agent is in hospital intensive care. What must the assistant do with the offer to purchase?
1: continue to meeting with sellers and present the offer
2: inform the buyers that the offer will not be presented.
3: Deliver the offer to the listing agent’s broker
4: wait for instruction from listing agent.
3:Deliver the offer to the listing agent’s broker
When homeowners sign a listing form, they are entering into a contract with the
1: Salesperson who filed out the form
2: local board of REALTORS.
3: brokerage firm
4: potential buyers.
3:brokerage firm
When a foreclosure sale of property does not produce sufficient funds to cover the loan balance, the mortgagee may be entitled to a personal judgement against mortgagor. this personal judgement is called;
1: a statutory redemption
2: an equitable right o redemption
3: a default judgement
4: a deficiency judgement
4:a deficiency judgement
Which of the following is Not legal test for a fixture?
1: intention of party doing attaching.
2: method of attachment.
3: adaptation of item to use of property
4: Cost of replacement of item.
4:Cost of replacement of item.
Illegal price fixing occurs when
1: the broker lists a property at the price set by the seller
2: a broker and salesperson make a side agreement relative to commission.
3: two brokers agree to an identical fee structure.
4: a salesperson takes a listing at less than the company’s schedule fee.
3:two brokers agree to an identical fee structure.
A broker maintains a property management trust(escrow) account which has clients’ funds in it. The broker’s account client smith negative $1000 balance in it whereas client Jones has $2000 balance in his account.
1: This is okay because there is more than enough to cover the $1000 shortfall so there is not overdraft.
2: This is a violation o the real estate license law.
3: This is a violation of deferral banking regulation.
4: This is Okay because Smith will have $1000 back in his account before jones gets his disbursement.
2: This is a violation o the real estate license law.
A Landlord may require that a disabled tenant
1: pay double the usual $500 security deposit.
2: pay an additional fee for using the swimming pool to cover the added insurance cost.
3: remove the wheelchair ramp from him apartment upon vacating the unit.
4: not install grab bar in the tiled shower if drilling holes in the tile is required.
3:remove the wheelchair ramp from him apartment upon vacating the unit.
The Seller tell there agent they must sell this week or face foreclosure. The agent should;
1: advertise that fact to attract attention
2: Keep the information confidential
3: mention in to the buyer’s agents to encourage offers.
4: Buy the property immediately at a discount.
2:Keep the information confidential
A buyers agent shows his client a property which has some significant foundation cracks. the buyer loves the property and wants to make an offer. the buyer’s agent should;
1: tell the buyer his opinion of the significance of the cracks, and then go ahead with writing and presenting the offer.
2: ingore this issue, as real estate licensees are not engineers and are not qualified to evaluate the significance of foundation cracks.
3: point out his concerns to the buyer and recommend making any offer contingent upon a satisfactory inspection report by a qualified professional.
4: Write and present the offer as the buyer directs, who no discussion of property condition.
3:point out his concerns to the buyer and recommend making any offer contingent upon a satisfactory inspection report by a qualified professional.
Puffing is best described as
1: an illegal practice for a licensee
2: encouraging an appraise to come up with a higher value
3: inflating prices above what the seller is asking.
4: exaggerating the benefits of property.
4:exaggerating the benefits of property.
One of the major disadvantages of real estate as an investment is that;
1: managing it requires expertise.
2: its is highly speculative
3: its liquidity is limited.
4: the tax advantages are minimal.
3:its liquidity is limited.
In a jurisdiction where the common law of agency governs real estate activities, a broker has has single agency relationship with the seller only. the seller needs to be out of the home quickly due to job relocation. the broker can not tell the buyer that seller is in a hurry to move due to the fiduciary duty of
1: confidentiality
2: accounting
3: disclosure
4: obedience
1: confidentiality
The most reliable approach for determining the value of a single family residence is the
1: income approach
2: sales comparison approach
3: replacement cost approach
4: gross rent multiplier
2:sales comparison approach
Fair Market value
All of the following factors affect market price Except;
1: what a wiling buyer pays a willing seller
2: the location of property
3: the speed with which he seller has to sell.
4: the amount for which property is listed on the tax record.
4:the amount for which property is listed on the tax record.
Market value is
1: an option of value based on an analysis of data
2: the same as market price.
3: what property actually sells for
4: the appraised value.
2: the same as market price.
Agent A of ABC realty lists a property that he owns with his brother. Buyer agent B from XYZ realty wants to show the property to his client. Before the property is shown, the agent A should;
1: provide showing times and directions to the property.
2: disclose his ownership interest in the property.
3: ask for a copy of agent B’s buyer agency contract.
4: provide a copy of agent A’s listing agreement to agent B.
2:disclose his ownership interest in the property.
When showing a property, a licensee told a prospective buyer, per the owner’s instructions, that the water seepage problem in the basement has been corrected. However, it was obvious to the licensee that this was not the case. The licensee is guilty of
1: puffing
2: a mistake of fact
3: misrepresentation
4: nothing- the licensee simply fulfilled agency duties.
3: misrepresentation
The first step in taking over the management of property is to;
1: measure the building following BOMA specifications.
2: determine the demographic characteristics of tenant population
3: calculate the CAP rate on the net operating income.
4: enter into a management agreement with owner.
4: enter into a management agreement with owner.
You are meeting with an owner about listing a property and are asked recommend a listing price. Which of the following action is most appropriate.
1: listing the property for the amount the owner believes it to be worth.
2: Listing the property for the mention or typical value of property sold in the same neighborhood.
3: Basing the listing price on a competitive market analysis.
4: Basinng the listing price on the current mortgage value, inflation index, and interest rate.
3:Basing the listing price on a competitive market analysis.
In a jurisdiction where the common law of agency governs real estate activities, a buyer has a single agency relationship with a broker. The buyer wants to purchase one of the brokerage company’s listing from seller with whom the broker also currently has single agency relationship. This will create dual agency but in order for this relationship to be legal, it will be necessary to have written consent of the;
1: seller
2: buyer
3: buyer and seller
4: seller, buyer and broker.
4:seller, buyer and broker.
Elderly homeowners paid off 5 years ago. Due to a limited fixed income, they would like to borrow on the equity of the home. which type of loan would be most desirable?
1: Open-end loan
2: Reverse mortgage
3: Blanket loan
4: growing-equity loan
2:Reverse mortgage
Which of the following approaches would allow you to estimate value if you know the construction price per square foot?
1: cost
2: income
3: market comparison
4: sales
1: cost
Earnest money accompanying a purchase offer is
1: a percentage set by individual sate laws
2: turned over promptly to the seller
3: the amount of down payment on the loan.
4: not required to make a contract valid.
4:not required to make a contract valid.
If the broker is the seller’s agent, the commission is shown on the closing statement as
1: a credit to buyer; a debit to seller
2: no entry to buyer; a credit to seller
3: no entry to buyer, a debit to seller
4: a debit to buyer, a credit to seller
3:no entry to buyer, a debit to seller
In contrast to comparative market analysis (CMA), only an appraisal can be relied on to;
1: determine the value of real property in estate distribution.
2: determine the listing price of a property
3: gain competitive advantage with a prospective seller
4: illustrate general property value in a community
1: determine the value of real property in estate distribution.
An estimate of property’s market value is intended to represent the property’s
1: highest sales price
2: most probable sales price
3: appreciated price
4: lowest reasonable sales price
2:most probable sales price
A contract is terminated if
1: one of the party decided not to go ahead.
2: a third party intervenes
3: it is impossible for one of the parties to perform
4: one party assigns his right to another
3: it is impossible for one of the parties to perform
In the course of listing a home for sale, a licensee observes water stains on a celling. The licensee should
1: advice the seller to repaint the celling so that it will be more attractive to potential buyers.
2: advise the seller that appraiser will lower the value of the home if the stains are observed.
3: ask the seller what was the cause of stain
4: ignore the stain.
3: ask the seller what was the cause of stain
an offer was presented to a seller and the seller countered the offer. Before the counteroffer was accepted, a second, more favorable offer was presented to the seller. Before the seller can accept the better offer, she must
1: inform the broker of her intent to accept the second offer
2: withdraw the counteroffer before its accepted.
3: notify this second offer that she can accept that offer only as a back-up.
4: none of the above.
2: withdraw the counteroffer before its accepted.
In jurisdiction where the common law of agency applies, a broker has listed a home and then presented to seller an offer from another client of the broker. The offer has been accepted. The broker has what type of agency relationship with parties.
1: seller agency, no agency relationship with buyer
2: no agency relationship; in this situation, the broker becomes a facilitator only
3: seller agency, buyer sub-agency
4: dual agency
4: dual agency
A licensee is changing brokers. What happens to the person’s active listings
1: They transfer with her
2: they remain within her previous broker
3: they automatically expire
4:the property owner chooses between the two brokers.
2: they remain within her previous broker
The purpose of reverse mortgage is to
1: permit the mortgagor to borrow additional funds as the mortgage is paid down.
2: grant the mortgage priority over certain liens.
3: provide financing for construction
4: supplement the mortgagor’s income.
4:supplement the mortgagor’s income.
Covenants, Conditions, and restrictions (CC&RS) may be imposed by
1: a commercial property manager
2: an attorney specializing in real estate law
3: the municipality inn which the property is located.
4: the owners of subdivision.
4:the owners of subdivision.
BPO
Broker Price Option
Recent law permits broker to charge a fee without appraisers license.
When selling a house containing lead based paint;
1: seller has to remove before selling the house
2: safer to seal if damaged rather than trying to remove.
3: duck tape the surface
2: safer to seal if damaged rather than trying to remove.
You signed a 3 yrs lease and your landlord passes away after 1 year.
1: you can abandon the house an leave
2: you can stay since your lease is still active
2: you can stay since your lease is still active
In many states, usury laws
1: determine the possible legal use of land
2: provide a right to use property belonging to another
3: impose a tax on a purchaser of personal property for resale or use
4: establish a maximum rate of interest allowed loans.
4: establish a maximum rate of interest allowed loans.
An express agency relationship is created by
1: any listing agreement
2: a formal agreement that establishes terms and conditions
3: any sales contract
4: any written leasing agreement
2: a formal agreement that establishes terms and conditions
In surveying monuments are used to establish
1: a common address
2: real estate boundaries
3: flood elevation
4: historical sites
3: flood elevation
A condominium complex is exempt from the fair housing requirements regarding for families with children if it
1: is at least 2 years old
2: is intended for at least one person 55 years of age or older per unit.
3: is intended as an investment
4: houses recovering alcoholics
2: is intended for at least one person 55 years of age or older per unit.
When title is given in the creation of an ordinary life estate, the recipient is permitted possession until
1: the recipient dies
2: this grantor dies
3: the property is sold to another party.
1: the recipient dies
Standard title insurance protects against
1: title defers know to the buyer
2: exiting but undiscovered tittle defects.
3: tittle defects known to the seller
4: tittle defects and liens listed in the policy
4: tittle defects and liens listed in the policy