The Business of Real Estate Flashcards

1
Q

A broker wanted to operate a real estate office under the fictitious name MLB Realty. Before operating under a fictitious name, the broker must

(a) publish the fictitious name in a newspaper of general circulation.
(b) file under the Secretary of State.
(c) obtain a DRE license bearing the fictitious business name.
(d) file with the city as a fictitious business.

A

(c)obtain a DRE license bearing the fictitious business name.

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2
Q

A salesperson tells his broker that he is quitting and plans to go to work for another broker. His present employing broker should

(a) notify the Real Estate Commissioner and hold the license until further notice from the Commissioner.
(b) give the salesperson his license and notify the Real Estate Commissioner immediately in writing.
(c) request cancellation of the salesperson’s license.
(d) call the other broker to confirm the change.

A

(b)give the salesperson his license and notify the Real Estate Commissioner immediately in writing.

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3
Q

The Real Estate Law DOES NOT require licensing for

(a) the resident manager of an apartment building or complex.
(b) the manager of a hotel.
(c) a real estate assistant who does not perform acts that require a real estate license.
(d) all of the above.

A

(d)all of the above.

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4
Q

Any individual who, for compensation or gain, takes a residential mortgage loan application or offers or negotiates terms of a residential mortgage loan application, must be licensed as a

(a) real estate salesperson.
(b) real estate broker.
(c) bank employee.
(d) Mortgage Loan Originator (MLO).

A

(d)Mortgage Loan Originator (MLO).

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5
Q

The sale or lease of a business, including all or most of the assets or stock of the business is termed a

(a) bankruptcy.
(b) acquisition.
(c) business opportunity.
(d) discount sale.

A

(c) business opportunity.

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6
Q

In the sale of a business, bulk transfer laws pertain to

(a) fixtures.
(b) goodwill.
(c) inventory.
(d) All of the above

A

(c) inventory.

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7
Q

Which of the following is required to operate as a Prepaid Rental Listing Service (PRLS) agent?

(a) A real estate broker’s license.
(b) A written contract with prospective tenants.
(c) A real estate salesperson’s license.
(d) Access to the Multiple Listing Service.

A

(b) A written contract with prospective tenants.

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8
Q

Which of the following individuals are exempt from the real estate licensing requirements?

(a) A person selling his or her own property.
(b) An attorney-at-law rendering services in the performance of his or her duties as attorney.
(c) Anyone holding a duly executed power of attorney from the owner of property.
(d) All of the above.

A

(d) All of the above.

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9
Q

What type of background check does the Real Estate Commissioner and Appraisal Commissioner use?

(a) Late rental payments
(b) Personal habits
(c) Credit history
(d) Late child support

A

(d)Late child support

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10
Q

In addition to the prelicense education requirements to become a real estate broker, an applicant must also

(a) be an attorney and a member of the California state bar.
(b) show proof of a master’s degree in a related field.
(c) have been actively engaged as a real estate salesperson for at least two of the preceding five years, or equivalent.
(d) show proof of at least two years experience as a CEO, manager, or small business owner.

A

(c)have been actively engaged as a real estate salesperson for at least two of the preceding five years, or equivalent.

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11
Q

Before taking the licensing examination, the applicant must successfully complete

(a) a 3 hour course in Ethics.
(b) three college-level courses.
(c) a course in office administration.
(d) a course in fair housing.

A

(b)three college-level courses.

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12
Q

The most heavily weighted subject matter on the salesperson and broker examination is

(a) Property Ownership and Land Use Controls and Regulations.
(b) Practice of Real Estate and Mandated Disclosures.
(c) Valuation and Market Analysis.
(d) Contracts.

A

(b)Practice of Real Estate and Mandated Disclosures.

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13
Q

A licensee must take 45 hours of continuing education in order to renew the license. The 45 hours must include

(a) Agency and Trust Fund Handling.
(b) Ethics and Fair Housing.
(c) Risk Management and Management & Supervision.
(d) All of the above

A

(d)All of the above

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14
Q

The process through which disciplinary action is taken by the Department of Real Estate starts with an audit or an investigation of the licensee’s activities or alleged misconduct. What is the next step in the disciplinary process?

(a) A hearing is held before an Administrative Law Judge to examine evidence and hear testimony.
(b) The commissioner makes a decision to impose a penalty or dismiss the charges.
(c) The licensee can elect to appeal the findings of the investigation or audit.
(d) If warranted, an accusation is filed against the licensee.

A

(d)If warranted, an accusation is filed against the licensee.

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15
Q

Commingling is one of the greatest single causes for loss of license. Which of the following would NOT be considered commingling?

(a) Holding an uncashed deposit check after acceptance of an offer when directed to do so by the seller.
(b) Cashing a deposit check (made out to the broker) and placing the money in the broker’s safe, properly identified as being the deposit received from the buyer.
(c) Depositing either cash or a check received as a deposit in the broker’s personal account to be held until called for by the escrow officer.
(d) Depositing money received by his/her client in the broker’s personal account to pay miscellaneous expenses.

A

(a)Holding an uncashed deposit check after acceptance of an offer when directed to do so by the seller.

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16
Q

A licensee was farming a non-integrated neighborhood which was next to an integrated neighborhood by telling the owners that if minority people moved into their neighborhood, their property values would go down. This is an example of

(a) steering.
(b) panic selling.
(c) blockbusting.
(d) both (b) and (c).

A

(d)both (b) and (c).

17
Q

All of the following are grounds for revocation or suspension of a real estate license EXCEPT

(a) knowingly participating in the sale of a stolen mobile home.
(b) knowingly concealing a material fact in an application for registration of a mobile home.
(c) accidentally overpaying taxes on a mobile home.
(d) failing to deliver a properly endorsed certificate of title from the seller to the buyer.

A

(c) accidentally overpaying taxes on a mobile home.

18
Q

A licensee cannot lead an owner of real property, during listing negotiations, to believe that the licensee is precluded from charging less than the commission or fee quoted

(a) Due to the law
(b) As a result of DRE regulations
(c) Because of the rules of an organization
(d) All of the above

A

(d) All of the above

19
Q

Agent Jones has an offer on a listing contingent on the buyer’s uncle approving the property since he will be financing the loan. Agent Jones hasn’t discussed this with the buyers, but assures the seller that there will be no problems regarding the uncle. After the seller accepts the offer, the buyers tell the agent that the uncle is out of town and they don’t know when he will return. By failing to explain the meaning and probable significance of the contingency in the offer, the agent has engaged in

(a) unethical conduct.
(b) unlawful conduct.
(c) practical conduct.
(d) proper conduct.

A

(b)unlawful conduct.

20
Q

According to the Real Estate Commissioner’s suggestions for professional conduct, which of the following would be considered “desirable conduct?”

(a) Attempting to settle disputes with other licensees through mediation or arbitration.
(b) Submitting all written offers in a prompt and timely manner.
(c) Never claiming to be an expert in an area of specialization when in fact you are not.
(d) All of the above.

A

(d)All of the above.

21
Q

What is the maximum amount that could be recovered from the Recovery Fund for one salesperson?

(a) $50,000
(b) $40,000
(c) $80,000
(d) $250,000

A

(d)$250,000

The question is asking for the maximum amount that may be recovered, which is for any one licensee’s conduct. $50,000 for a single transaction, but $250,000 maximum for any one licensee.

22
Q

All of the following are true about professional trade organizations EXCEPT

(a) They help shape the law and the industry by establishing and enforcing standards of practice.
(b) They enforce the real estate law much like the real estate commissioner.
(c) They provide sources of information, training, and contact with other professionals.
(d) They provide an effective lobbying voice for their members.

A

(b)They enforce the real estate law much like the real estate commissioner.

23
Q

The letters CMBA stand for

(a) California Monetary Bankers Association.
(b) California Metropolitan Brokers Association.
(c) California Mortgage Bankers Association.
(d) California Managers & Brokers Association.

A

(c)California Mortgage Bankers Association.

24
Q

California’s Real Estate Law is found in the:
Quiz Question

(a) Civil Code.
Quiz Question

(b) Financial Code.
Quiz Question

(c) Government Code.
Quiz Question

(d) Business and Professions Code.

A

(d) Business and Professions Code.

25
Q

Every real estate broker must be licensed by the Department of:
Quiz Question

(a) Corporations.
Quiz Question

(b) State.
Quiz Question

(c) Real Estate.
Quiz Question

(d) Housing.

A

(c) Real Estate.

26
Q

A real estate broker’s license may be obtained by any of the following except a:
Quiz Question

(a) sole proprietorship.
Quiz Question

(b) corporation.
Quiz Question

(c) limited liability company.
Quiz Question

(d) partnership .

A

(c) limited liability company.

27
Q

Under the Real Estate Law, a real estate salesperson works for a broker as an:
Quiz Question

(a) independent contractor.
Quiz Question

(b) employee.
Quiz Question

(c) agent.
Quiz Question

(d) associate broker.

A

(b) employee.

Quiz Question

28
Q

A real estate salesperson is supervised by:
Quiz Question

(a) the employing broker only.
Quiz Question

(b) any licensed broker.
Quiz Question

(c) the seller.
Quiz Question

(d) the buyer or seller.

A

(a) the employing broker only.

29
Q

The Real Estate Law allows a business opportunity to be sold:
Quiz Question

(a) by a real estate licensee.
Quiz Question

(b) by the financial planner.
Quiz Question

(c) by a PRLS licensee.
Quiz Question

(d) with a special endorsement.

A

(a) by a real estate licensee.

30
Q

Which of the following does NOT require a real estate license?
Quiz Question

(a) Negotiating a lease
Quiz Question

(b) Presenting an offer
Quiz Question

(c) Selling your own property
Quiz Question

(d) Taking a listing

A

(c) Selling your own property

31
Q

The applicant for a real estate salesperson’s license must complete how many college-level courses before taking the licensing examination?
Quiz Question

(a) One
Quiz Question

(b) Three
Quiz Question

(c) Five
Quiz Question

(d) Seven

A

(b) Three

32
Q

Real Estate licenses are renewable for a period of:
Quiz Question

(a) one year.
Quiz Question

(b) two years.
Quiz Question

(c) three years.
Quiz Question

(d) four years.

A

(d) four years.

33
Q

When a real estate license expires, licensed activity must cease but the license may be renewed up to:
Quiz Question

(a) one year later.
Quiz Question

(b) two years later.
Quiz Question

(c) three years later.
Quiz Question

(d) four years later.

A

(b) two years later.