Test Flashcards

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1
Q

DTPA considers brokerage to a be a

A

Service

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2
Q

_______is a body of law developed in England and based upon”common sense” and local custom.

A

Common Law

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3
Q

If personal property is being transferred along with real property a _____ is generally used to accomplish the transfer, which normally accompany the deed

A

Bill of Sale

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4
Q

The fact that value is affected by man-made changes to the land. These changes can be on the land itself or off-site

A

Modification

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5
Q

Can modification include improved transportation?

A

True, such as railroads or airports

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6
Q

Ownership of real estate by one individual or entiry

A

Estate in severalty

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7
Q

Doug, a single person, purchased a vacation condo, dough is interest in an estate

A

Estate in severalty

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8
Q

What is sole proprietorship?

A

Is a venture that is owned by one individual.

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9
Q

What is the advantage and disadvantage of sole proprietorship?

A

Advantage- owner has total control of the business
Disadvantage- the owner also has full liability for the financial and personal obligations of the business

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10
Q

Owners within a _____ do not own a specific unit

A

Cooperative

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11
Q

The owner has total control of the business, but the downside of this form is the owner also has full liability for the financial and personal obligation of the business. This is known as?

A

Sole proprietorship

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12
Q

owners within a _____do not on a specific unit. A corporation owns the entire complex

A

Cooperatives

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13
Q

Can the landlord refuse to use the unit to a pregnant woman if the neighborhood is 90% occupied by 55+ ages?

A

yes, because it’s a senior housing which means there’s a familial status exemption

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14
Q

what is a contract?

A

it is an agreement between two or more parties to do something or to refrain from doing something

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15
Q

only one party is obligated to perform. This contract is said to lack mutuality, this is known as?

A

Unilateral contract

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16
Q

what are the five essential elements must exist for a contract

A

Competent parties
Offer and acceptance (mutual agreement)
legal purpose
In writing
consideration

17
Q

To be considered a competent party you must

A

Be sane
be 18 and older
be sober

18
Q

Is defined as something given in exchange for promise

A

consideration

19
Q

When the cell finally closes, the contract is

A

Fully executed

20
Q

which of the following governmental rights is the right to regulate and control the way the line is used?

A

Police power

21
Q

An area of land separating one land use from another, such as residential from commercial is known as?

A

Buffer zone

22
Q

The court may award an easement to a property owner, who has no legal access to his or her land. Usually in the case of landlocked property.

A

Necessity

23
Q

The government, under its power of eminent domain, takes an easement

A

Condemnation

24
Q

if a buyer has concerns about possible, contamination of a potential property, the buyer, or the lender may opt to have an

A

Environmental Site Assessment (ESA)

25
Q

Is perform on the property to determine if it is environmentally challenge

A

ESA

26
Q

A contract may be discharged due to

A

The destruction of the property (fires, earthquakes, acts of war, and hurricanes)

Not-if the seller intentionally destroys the property, he or she is not discharged and is liable for damages if the sellers intentionally destroys the property, he or she is not discharge and is liable for damages

27
Q

A lease that renews itself automatically for like periods. (month-to-month or week-to-week)

A

periodic Tenancy or periodic estate

28
Q

obligate the tenant to pay a base rent and a percentage of the gross sales

A

Percentage lease

29
Q

A tenant’s rights and liabilities are transferred to another

A

Assignment

30
Q

I loves a tenant to buy the property at a preset price and terms for a given. It is also known as lease with an option to buy.

A

Lease option

31
Q

An offer can be communicated by

A

phone, letter, fax, hand delivery, email

32
Q

All offers must be presented?

A

Yes

33
Q

The person who an offer is made has several options when responding to the offer, including

A

Do nothing, reject, accept, counteroffer

34
Q

When an offer is accept, the contract must include full acceptance of the entire offer without change

A

True

35
Q

when an offer is accepted, any change no matter how minor, becomes a counteroffer

A

True