Section 3 Test Questions Flashcards
A bilateral contract is one in which
both parties promise to do something in exchange for the other party’s performance
The approval process for development of multiple properties in an area includes submission of
a plat of subdivision
In the Rectangular Survey System, a section contains how many acres?
640
Zoning, building codes, and environmental restrictions are forms of local land use control known as
police power
Two parties enter into a contract. The agreement fulfills all the requirements for a valid contract, with no disqualifying circumstances. Given this situation, it is still possible that the contract may be
unenforceable
In the Rectangular Survey System, what are the dimensions of a township?
Six miles by six miles.
The essential elements of the metes and bounds system are
reference points, angles and distances
If a municipality exerts its power of eminent domain against a certain property owner, what happens?
The owner must sell the property or grant an easement to the municipality for just compensation
The statute of limitations requires that parties to a contract who have been damaged or who question the contract’s provisions
must act within a statutory period
Which of the following is true of an eminent domain proceeding?
It conveys legal title to the acquiring entity
A prospective homebuyer submits a signed offer with the condition that the seller pay for the inspection at closing. The seller disagrees, crosses out the provision, then signs and returns the document to the buyer. At this point, assuming all other contract validity items are in order, the original offer is now
a counteroffer
A seller immediately accepts a buyer’s offer but waits ten days before returning the accepted document to the buyer. Meanwhile, the offer has expired. Which of the following is true?
The buyer has no obligations to the seller whatsoever
A document certifying that a structure complies with building codes and is ready for use is referred to as a(n)
certificate of occupancy
Which of the following is an executory contract?
sale contract before closing
A construction contractor executes a contract with a buyer. In the agreement, the contractor promises to complete construction by November 20. This promise can be construed as
valuable consideration
Which of the following is true regarding master planning and zoning?
Zoning ordinances are a primary means of keeping land use in harmony with the master plan
What is the difference between a variance and a nonconforming use?
A variance is granted by the zoning board if the owner has a justifiable reason
What is rescission?
declaring contract is no longer in effect
Public land use planning strives to balance which of the following potentially conflicting interests?
Individual property rights and the public’s interest
A certain legal description contains the phrase, “…northwesterly along Erie Road to the POB…”. What kind of description is this?
Metes and bounds
The valuable consideration necessary to make a contract valid must be
something of equal value with whatever is received in exchange.
The lot and block system of legally describing property is used for
properties of a subdivision
What portion of a section is ten acres?
1/64
A buyer submits an offer to a seller and then dies in a car accident. Before learning of the buyer’s death, the seller accepts the offer. Which of the following is true?
The buyers death terminated the offer
A non-profit organization wants to erect an urgent care facility in a residential zone. Given other favorable circumstances, the local authorities may grant permission by allowing
a special exception
To be valid, a valid contract must
reflect a mutual understanding or agreement.
An implied agency relationship may be deemed to exist if
the parties act is if there is a contract
How much time does a seller have to accept a buyer’s offer?
A “reasonable” time, or until the expiration date on the offer
The purpose of the statute of frauds is to
nullify oral leases and listing agreements.
The basic intent of zoning ordinances is to
specify usage for every parcel within the zoning authority’s jurisdiction
How many sections are there in a township?
Thirty-six.
What is the purpose of residential zoning?
To regulate the density of dwellings in the residential zone.
What is a buffer zone?
A transitional zone between a residential zone and a commercial zone
To be valid, a local zoning ordinance must
reasonably promote community health, safety and welfare.
Among other provisions, the Superfund Act (CERCLA) and Superfund Amendment and Reauthorization Act of 1986 provided that
parties responsible for improper disposal of hazardous waste could be charged for the cleanup costs.
A legal description of a property is one which
accurately locates and identifies the boundaries of the property and distinguishes it from all other properties.
Why do zoning authorities create different types of zones?
To separate different types of uses so that they do not interfere with each other
Which of the following situations is most likely to represent an illegal nonconforming use?
A homeowner in a residential zone converts her residence to a private school
A real estate sales contract, to be enforceable, must
contain a legal description of the property
The intensity of land usage generally refers to what?
The area of a commercial or industrial facility in relation to the size of the site.
Which of the following contracts can be assigned to another party?
A contract for the sale of undeveloped land
How does Planned Unit Development zoning vary from ordinary zoning?
It requires that multiple tracts of land be developed according to a single design for efficient use of space.
A seller contracts to sell a property that she does not own. The sale contract for this transaction
is void
Why do communities require building permits?
To ensure that improvements comply with codes
A breach of contract is
the failure of a party to perform according to the terms of the contract
A homeseller signs a listing agreement with a broker then subsequently revokes the listing. Which of the following is true?
The broker may have a claim for marketing expenses expended during the listing term
A property that conformed with zoning ordinances when it was developed but does not conform to new ordinances is said to be
a legal nonconforming use
The guardian for a mentally incompetent party enters into an oral contract with another party to buy a trade fixture on behalf of the incompetent party. This contract
is possibly valid and enforceable