T! Flashcards

1
Q

In Virginia, there are specific requirements for all transactions involving the purchase or lease of residential properties constructed before 1978. Licensees are required to provide a lead-based paint disclosure form, and all purchase agreements must allow the buyer the option to conduct a lead-based paint risk assessment or inspection. What is the third item a licensee must provide to the buyer?
1, Assurance that the home is lead-free before offering it for sale
2. Lead safety pamphlet
3. List of reputable home improvement contractors
4. Written proof that the home is lead-free

A

Lead safety pamphlet

Licensees must also provide a lead safety pamphlet to prospective buyers.

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2
Q
How many scheduled public meetings does the VREB hold each year?
  Eight
  Four
  Seven
  Two
A

Eight

The VREB holds eight scheduled public meetings each year.

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3
Q

Grant, a landlord, doesn’t like to rent to those over the age of 60, and goes out of his way to discourage these applicants from his apartments. “I don’t hate older people,” he explains to you, his agent. “It’s just that they usually forget to pay rent on time and need a lot more managing.” What should you tell him?
“As long as you make sure you’re not discriminating based on race, color, or national origin, you are fine to continue this practice.”
“It’s okay. The elderly aren’t protected under federal law, so you can choose not to rent to them.”
“The elderly are protected under Virginia fair housing laws, so you could be found guilty of breaking those laws.”
“You’re allowed to rent to whomever you choose. That means you can turn away anyone you want to.”

A

“The elderly are protected under Virginia fair housing laws, so you could be found guilty of breaking those laws.”

Grant absolutely needs to rethink his approach, since the elderly are a protected class under Virginia fair housing law.

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4
Q

Which of these is NOT an example of improper escrow account handling?
Kerri deposits a down payment check and the rent she received from one of her own properties in the same account.
Lou maintains all account-related records for three years after the transactions close.
Maxine withdraws money from an escrow account to pay for a business lunch.
Three weeks after he receives the check, Derek opens an escrow account for a client’s rental security deposit.

A

Lou maintains all account-related records for three years after the transactions close.

Lou has done the correct thing in maintaining all account-related records for three years, so he hasn’t done anything improper.

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5
Q
Unfulfilled contracts are also called \_\_\_\_\_\_\_.
  Indefinite contracts
  On-hold contracts
  Unachieved contracts
  Unconsummated contracts
A

Unconsummated contracts

The other term for unfulfilled contracts is “unconsummated contracts.”

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6
Q

Philip tells his agent, Jeff, “I know for a fact that there have been three homicides in this house. What are buyers going to think about this?” What should Jeff say?
“If I tell buyers this, I could be found guilty of negligence to you, so don’t worry. Mum’s the word.”
“My duties toward the public include disclosing information like this, so I’ll have to mention this to potential buyers.”
“This is something we have to disclose only if we’re asked about it directly. Otherwise, we don’t have to mention it.”
“This sort of information has its own mandatory disclosure form in Virginia, so it’ll have to come out eventually.”

A

“If I tell buyers this, I could be found guilty of negligence to you, so don’t worry. Mum’s the word.”

Not only is there no disclosure requirement for homicides on the property, but Jeff could be found guilty of negligence toward Philip if he even mentions it to potential buyers.

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7
Q

In Virginia, a landlord must provide a copy of the written rental agreement. When must this be provided?
Within 30 days of the tenant’s occupancy
Within five days of the tenant’s occupancy
Within one month of the agreement’s effective date
Within seven days

A

Within one month of the agreement’s effective date

A signed copy of the written rental agreement must be provided to the tenant within one month of the agreement’s effective date. The landlord must provide a written report of existing damage to the unit within five days of the tenant’s occupancy.
Question 24

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8
Q

Which of the following should licensees be careful to avoid when interacting with an opposing party who has a limited service agent?
Creating unintended dual agency
Interacting directly with the opposing party
Interacting with the limited service agent
Maintaining the confidentiality of information shared by the opposing party

A

Creating unintended dual agency

Although the duties a limited service agent will perform are clearly listed in the brokerage agreement, some consumers still may not fully understand what they are getting into and may rely on the opposing party’s agent to assist them with aspects of the transaction. Agents who are too helpful to the opposing party may get themselves into an unintended dual agency situation and breach the duties they owe their client. Use caution!

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9
Q

Sandy is a real estate licensee who is listing a condo for her client. Sandy sends a note to the owner’s association requesting a condo disclosure package. How long does the association have to provide this to her and her client?
14 days after receipt of the written request
28 days after receipt of the written request
30 days after receipt of the written request
45 days after receipt of the written request

A

14 days after receipt of the written request

The condo disclosure package must be delivered by the association within 14 days after receipt of a written request and instructions by a seller or seller’s agent.

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10
Q

Nathaniel assisted with the purchase of a commercial building that will be used as a community center. He doesn’t hold a real estate license, yet his actions didn’t violate any license laws. What must be true about Nathaniel’s situation?
He received a commission of less than $1,000.
Nathaniel is a public official whose salaried duties include real estate transactions.
Nathaniel’s church purchased the building.
The commercial building was valued at less than $500,000.
Licensure is nearly always required when performing real estate activities for others for compensation, but exceptions are made in specific circumstances, such as a public officer performing official duties.

A

Nathaniel is a public official whose salaried duties include real estate transactions.

Licensure is nearly always required when performing real estate activities for others for compensation, but exceptions are made in specific circumstances, such as a public officer performing official duties.

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11
Q

Reggie has a buyer client who is purchasing a home built before 1978. Which two documents must Reggie ensure that his client receives as part of the Residential Lead-Based Paint Hazard Reduction Act?
EPA lead-based paint brochure and residential property disclosure
EPA lead-based paint brochure and state-specific lead-paint disclosure
State-specific lead-paint disclosure and residential property disclosure
Synopsis of the Lead-Based Paint Hazard Reduction Act and EPA lead-based paint brochure

A

EPA lead-based paint brochure and state-specific lead-paint disclosure

Reggie must ensure that his client receives copies of the EPA lead-based paint brochure and Virginia’s Disclosure of Information and Acknowledgement Lead-Based Paint and/or Lead-Based Paint Hazards document.

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12
Q

Three of these situations fall into the category of being exempt from Virginia fair housing law, and one does not. Which is NOT exempt?
A couple owns a duplex and rents the other half of the property to a retired couple. They own no other real estate property.
A family of 10 applies to live in a studio apartment that has a maximum occupancy limit of three people.
A man rents a room in his single-residency home to another tenant, and he owns and rents three additional single-family houses.
A property owner discovers through a background check that a potential tenant has been convicted of manufacturing methamphetamines.

A

A man rents a room in his single-residency home to another tenant, and he owns and rents three additional single-family houses.

Single-family residences are only exempt from fair housing law if the owner does not own more than three single-family houses at any time.

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13
Q
Which of the following describes Virginia?
  Lien theory state
  Mortgage state
  Title theory state
  Trustee state
A

Title theory state

Virginia is a title theory state, meaning the trustee can only act in a manner authorized by statute of the terms of the trust.

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14
Q
In Virginia, the floodplain consists of the floodway and the \_\_\_\_\_\_.
  Flood discharge area
  Flood fringe
  Property within a one mile radius
  Surrounding community
A

Flood fringe

The floodplain consists of the floodway and the flood fringe. Development is generally not permitted in floodways, because this is the most dangerous area in a floodplain.

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15
Q
Condominium \_\_\_\_\_\_\_ set forth the rules and regulations for the condominium owners associations. They govern how the associations manage and spend cash reserves, for example.
  Bylaws
  CC&Rs
  Disclosure packets
  Public offering statements
A

Bylaws

Rules and regulations for owners associations are set forth in the condo development’s bylaws.

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16
Q
Examples of penalties for lesser violations may include a reprimand, fine, repayment of commission, or \_\_\_\_\_\_\_\_\_.
  Additional education
  Jail time
  License revocation
  License suspension
A

Additional education

Additional education is an example of a penalty for lesser violations.

17
Q

Which of the following is required of limited service agents?
They must be paid up front.
They must disclose any material facts they are aware of or that are reasonable apparent.
They must inspect all properties they are listing on the MLS.
They must perform all duties required by statute.

A

They must disclose any material facts they are aware of or that are reasonable apparent.

Although the duties performed for clients are reduced, limited service agents still run the risk of misrepresentation if they do not disclose any material facts they are aware of or that are reasonably apparent.

18
Q

Why does a dual agency relationship require a disclosure signed by both parties?
Because dual agency offers reduced services to consumers (often without a commensurate reduction in fees).
Because the buyer’s interests must take priority over the seller’s interests.
Because the seller’s interests must take priority over the buyer’s interests.
It doesn’t.

A

Because dual agency offers reduced services to consumers (often without a commensurate reduction in fees).

Not quite. When entering into a dual agency relationship, both parties give up services an agent would normally provide when only representing one party. These include undivided loyalty and an agent who will advocate and negotiate for the client.

19
Q

What must a broker do to obtain concurrent licensure?
Submit an application and fee to the VREB with written affidavits from the principal brokers of each brokerage where the broker intends to work.
The broker must file an application and pay a transfer fee to the VREB.
The broker must pass the concurrent brokerage examination to obtain concurrent licensure.
There are no requirements for a broker to claim concurrent licensure.

A

Submit an application and fee to the VREB with written affidavits from the principal brokers of each brokerage where the broker intends to work.

The broker must submit an application and fee to the VREB with written affidavits from the principal brokers of each brokerage where the broker intends to work to obtain concurrent licensure.

20
Q

Which of the following statements about the Notice of Disclosure Pursuant to Virginia Residential Property Disclosure Act is true?
As part of the disclosure, the seller is required to provide a list of sex offenders living near the property.
The buyer is required by law to request a copy of the disclosure.
The disclosure form is not part of the purchase agreement.
The disclosure form is part of the purchase agreement.

A

The disclosure form is not part of the purchase agreement.

The disclosure form is not part of the purchase agreement. It is something sellers provide separately.

21
Q

Angela made an offer on a property that was accepted and the purchase contract was ratified. The seller provided the disclosure statement the day after contract ratification. The following day, Angela submitted her loan application, which includes a disclosure about the right to terminate. If she wishes to terminate the purchase contract, when must she do this?
At settlement
Her right to terminate the contract ended when she submitted her loan application
Within five days if mailing the termination notice
Within three days if hand delivering the termination notice

A

Her right to terminate the contract ended when she submitted her loan application

Not quite. If a loan application discloses that the right to terminate a contract ends when the application is taken, the other timeframes don’t matter. Angela relinquished her right to terminate the transaction when she applied for the loan.

22
Q

Identify the landlord who is trying to include a prohibited clause in the rental agreement.
Bob is a little bitter about a past experience and includes in a warning that he will sue any client who does not allow him access to an apartment that is leaking water into the unit below
Frank’s lease states that the security deposit shall be equal to two months’ rent
Lance’s lease includes a statement that damages to the property will be added to the following month’s rent
Stacey asks all tenants to read the Virginia Residential Landlord Tenant Act so they will know their rights and states this in her rental agreement

A

Lance’s lease includes a statement that damages to the property will be added to the following month’s rent

A landlord cannot increase the rent amount owed to include damages. This is done to protect tenants from being evicted because they could not pay the new, increased amount of rent. Damages can certainly be recouped, but not through rent.

23
Q

Which of these instances does NOT allow a broker to disburse escrow funds?
All principals to the transaction have agreed, in writing, where the money should go.
One of the principals to the transaction demonstrates, in writing, a clear financial need.
The broker has received a court order that directs her to disburse the funds in a certain way.
The related contract directs that the escrow funds be distributed in a certain way.

A

One of the principals to the transaction demonstrates, in writing, a clear financial need.

Clear financial needs, however compelling, do not dictate how escrow funds can be disbursed.

24
Q

Zoe, seller, and Darnell, buyer, signed their purchase contract on Monday. The contract allows for Darnell to move in to the property one week before settlement. The day before Darnell is to move in to the property, Zoe provides Darnell with the disclosure statement. If Darnell wishes to terminate the contract, by when must he provide Zoe with a written termination notice?
Before moving into the property
Before settlement
Within five days, if he’s mailing the notice
Within three days, if he’s hand-delivering the notice

A

Before moving into the property

In this scenario, Darnell plans to occupy the property before closing. He must terminate the contract, if he wants to, before he moves in. He doesn’t have the three or five days’ leeway, because he is scheduled to occupy the very next day.

25
Q

The Virginia Residential Landlord and Tenant Act protects the rights of both landlords and tenants. Which of these items is included in the act?
Landlords’ ability to retaliate against tenants
Landlords’ failure to provide a rent-to-own option in the lease agreement
Tenant remedies when there is non-compliance by the landlord
Tenants’ ability to retaliate against landlords

A

Tenant remedies when there is non-compliance by the landlord

The act covers remedies for the tenant when the landlord doesn’t comply with the terms of the lease; however, this doesn’t equal “retaliation.” Neither party may retaliate against the other! Also, a rent-to-own option is not mandatory when renting units.

26
Q

Which of the following statements about continuing education (CE) is true?
CE is only required when inactive licensees want to reactivate their licenses.
CE requirements are different for licensees and brokers.
Licensees must start their CE during their first year of holding a license.
The VREB requires a certain number of CE hours for brokers, but not for licensees.

A

CE requirements are different for licensees and brokers.

CE requirements are for both licensees and brokers, but they are different for the two license types. Brokers and associate brokers must complete 24 hours of CE every two years, while salespersons must complete 16 hours.

27
Q
A developer constructing a new condominium must submit a \_\_\_\_\_\_\_\_\_\_\_\_ to the Common Interest Community Board.
  Declaration
  Financial report
  Position statement
  Substantiation
A

Declaration

No, the instrument that must be provided to the Common Interest Community Board is the declaration. The owner providing the instrument is called the declarant.

28
Q

A developer cannot advertise or sell timeshare property until the ______ is approved.
Disclosure of Timeshare Property Interest Transfer
Notice of Timeshare Advertisement and Sale
Public offering statement
Timeshare ownership statement

A

Public offering statement

Not quite. The developer must have the public offering statement approved by the Common Interest Community Board.

29
Q

Which of these statements about fair housing for people with disabilities is true?
A person with a disability should not be prevented from making reasonable accommodations, and may also request accessibility accommodations.
People with disabilities have priority over other renters when an accessible unit is available to lease.
Property owners/landlords are not required to make reasonable accommodations.
Property that is sold or rented to a person with a disability must be renovated to meet ADA standards.

A

A person with a disability should not be prevented from making reasonable accommodations, and may also request accessibility accommodations.

Refusing to allow a person with a disability to make reasonable accommodations is a prohibited act, as is refusing to make reasonable accessibility accommodations.

30
Q

Broker Delia is managing an unusual sales transaction. Her client Phyllis wants to give her a small ruby for her down payment. It’s been valued by a certified jeweler and will cover the down payment amount. Should Delia accept it?
No, because this kind of payment will be impossible to disburse when the time comes.
No; escrow accounts are only meant to hold cash.
Yes, as long as she records its acceptance in the sales agreement document.
Yes, but she shouldn’t put it in an escrow account.

A

Yes, as long as she records its acceptance in the sales agreement document.

Delia can accept it, but she must record its acceptance in the sales agreement.

31
Q

Which one of the following people does NOT have to fill out the Virginia Property Disclosure form in order to sell his or her property?
Agent Victor has just listed a 100-year-old country manor for sale; it’s on the town’s historic register.
Cindy has to sell her townhouse because she hasn’t paid state taxes in more than 10 years.
Darren is putting his beach house on the market as a lease with an option to buy.
Owner Cameron is selling his condo by himself (he’s not using an agent).

A

Cindy has to sell her townhouse because she hasn’t paid state taxes in more than 10 years.

Cindy doesn’t need to provide disclosures since she must sell her house due to tax delinquency. This is one of the exceptions to Virginia’s disclosure rule.

31
Q

Which one of the following people does NOT have to fill out the Virginia Property Disclosure form in order to sell his or her property?
Agent Victor has just listed a 100-year-old country manor for sale; it’s on the town’s historic register.
Cindy has to sell her townhouse because she hasn’t paid state taxes in more than 10 years.
Darren is putting his beach house on the market as a lease with an option to buy.
Owner Cameron is selling his condo by himself (he’s not using an agent).

A

Cindy has to sell her townhouse because she hasn’t paid state taxes in more than 10 years.

Cindy doesn’t need to provide disclosures since she must sell her house due to tax delinquency. This is one of the exceptions to Virginia’s disclosure rule.

32
Q

Lucy is worried. She tells her agent Mick that her house, which she wants to sell, was used to manufacture methamphetamines before she bought it. “Does that affect the selling price of the house?” she asks Mick. What should he answer?
“This isn’t something that we have to disclose, so no, it won’t affect the asking price of your house.”
“We have to disclose that meth was manufactured here, whether it was properly cleaned up or not, so yes, it could affect the selling price of your house.”
“We only have to disclose if the house wasn’t cleaned according to state guidelines, so let’s get that information.”
“You only have to reveal this fact if a potential buyer specifically asks about it, so let’s hope no one does!”

A

“We only have to disclose if the house wasn’t cleaned according to state guidelines, so let’s get that information.”

Lucy doesn’t have to disclose this history, unless the house wasn’t cleaned according to state guidelines. If it were, her house’s value shouldn’t be affected.

32
Q

Lucy is worried. She tells her agent Mick that her house, which she wants to sell, was used to manufacture methamphetamines before she bought it. “Does that affect the selling price of the house?” she asks Mick. What should he answer?
“This isn’t something that we have to disclose, so no, it won’t affect the asking price of your house.”
“We have to disclose that meth was manufactured here, whether it was properly cleaned up or not, so yes, it could affect the selling price of your house.”
“We only have to disclose if the house wasn’t cleaned according to state guidelines, so let’s get that information.”
“You only have to reveal this fact if a potential buyer specifically asks about it, so let’s hope no one does!”

A

“We only have to disclose if the house wasn’t cleaned according to state guidelines, so let’s get that information.”

Lucy doesn’t have to disclose this history, unless the house wasn’t cleaned according to state guidelines. If it were, her house’s value shouldn’t be affected.

33
Q

Which of the following misdeeds is something that the DPOR or VREB CANNOT investigate?
Domingo says that the broker he signed with convinced him to do a net listing.
Mr. Alvarez says that his broker, Monica, told him that he shouldn’t mention the damaged foundation of the house he was trying to sell.
Mrs. Peterson says that Danika helped her sell her house, but Danika doesn’t have a license.
Sabra, an assistant broker, claims that her client Rob defrauded his mortgage company by providing false information.

A

Sabra, an assistant broker, claims that her client Rob defrauded his mortgage company by providing false information.

The DPOR and VREB handle matters of real estate licensing and misdeeds, not mortgage fraud.

34
Q

According to the VRLTA, within five days of the tenant taking occupancy, the landlord must provide what to the tenant?
A copy of the written rental agreement
A refund of the security deposit
A written agreement stating that the tenant’s information will be kept confidential
A written report detailing any existing damage to the unit

A

A written report detailing any existing damage to the unit

The landlord must provide a written report detailing any existing damage to the unit. A copy of the written rental agreement must be provided to the tenant within one month of the agreement’s effective date.

35
Q

Escrow funds must be deposited within how many days?
Within five business days of receipt and ratification of contract.
Within the business day of receipt and ratification of contract.
Within two business days of receipt and ratification of contract.
Within two business weeks of receipt and ratification of contract.

A

Within five business days of receipt and ratification of contract.

Escrow funds must be deposited within five business days of receipt.

36
Q
A home owner is selling her property located in a property owner’s association (POA). What must be provided to buyers?
  Deed
  Disclosure packet
  Proprietary lease
  Resale certificate
A

Disclosure packet

Not quite. If a property is in a POA, the buyer should receive a POA disclosure packet from the seller. This packet discloses financial details, fees, rules and regulations, and other information that buyers should know when purchasing a property in a POA.

37
Q

Stacey’s home has been sold as a result of foreclosure proceedings. Does she need to provide the purchaser with a property disclosure statement?
No, Stacey doesn’t need to provide the disclosure statement, but the bank does.
No, transfers resulting from foreclosure sale are exempt.
Yes, all sales (even foreclosure sales) require disclosure.
Yes, all transfers of real property require disclosure.

A

No, transfers resulting from foreclosure sale are exempt.

Transfers to a beneficiary as a result of a foreclosure sale or deed in lieu of foreclosure are exempt from disclosure requirements.