TREC License Exam - National Flashcards

1
Q

How many square feet are in an acre

A

43,560 square foot/acre

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2
Q

How many feet are in a mile?

A

5,280 feet/mile

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3
Q

A buyer who owns the property in equity has which type of contract?

a) Lease
b) Executory
c) Liquidated damages
d) Option

A

b) executory
During any point in the executory contract (time period between signed offer to title transfer), the buyer has equitable title (also called the owner in equity). An executory purchase contract can be liquidated damages or specific performance. In an option contract, only one party is bound and there is no equity of title.

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4
Q

A metes-and-bounds legal description

a) uses descriptions moving in a set direction
b) is not acceptable in court in most jurisdictions
c) can be made only in areas excluded from the rectangular survey system
d) is used to complete areas omitted from recorded subdivision plats

A

a) uses descriptions moving in a set direction
The answer is uses descriptions moving in a set direction. A metes-and-bounds description starts at a point of beginning (POB) and moves clockwise around the boundaries, always ending back at the POB so the described tract is completely enclosed. The metes and bounds, government survey, and lot and block are all accepted in courts. The method may be used in areas included in the rectangular survey system. The metes-and-bounds method is often used to survey large parcels of land before the parcels and broken into subdivision plats.

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5
Q

To secure a $100,000 loan, the buyer paid $3,000 in discount points, and the seller paid $2,000 in discount points. How many points were charged?

a) 4
b) 3
c) 2
d) 5

A

d) 5

Knowing each point is 1% of the loan amounts and with a total of $5,000 being paid, it is easy to see 5 points.

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6
Q

A sales associate for XYZ Realty listed and sold a $175,000 home. The seller paid a 6% commission, of which the sales associate received 2% for listing the property and 1.5% for selling the property. How much was the brokerage’s share of the commission?

a) $6,125
b) $ 5,250
c) $4,375
d) $ 10,500

A

c) $4,375
Total commission = $175,000 x 6% (0.06) = $10,500.
Sales associate’s share = 3.5% (2% + 1.5%)
$175,000 x 3.5% (.035) = $6,125.
$10,500 - $6,125 = $4,375 for the brokerage.
Or 6% - 3.5% = 2.5% for the brokerage times the sales price.

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7
Q

A broker discovers the previous owner of a home she has listed died of AIDS. The broker

a) must disclose the fact to prospective buyers
b) should consult an attorney to determine if the fact creates a stigmatized property
c) may disclose the fact if asked by a prospective buyer
d) may not disclose that the previous owner died of AIDS

A

d) may not disclose that the previous owner died of AIDS
A disclosure that a property owner or occupant died of AIDS is illegal discrimination against the handicapped under the federal Fair Housing Act

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8
Q

A bilateral contract

a) consideration is not an essential element
b) a restriction is placed in the contract
c) only one of the parties is bound to the contract
d) both parties to the contract have duties to be performed

A

d) both parties to the contract have duties to be performed
In a bilateral contract, both parties are obligated to perform what they have promised to do. Only one party is bound in a unilateral contract. Consideration is an essential element of all contracts.

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9
Q

A broker touring a house before taking a listing notices the floor is sagging in the living room. The seller has placed a large rug over the floor. What should the broker do in this situation?

a) Ask the seller about the sagging floor to discover if there is a structural problem with the house
b) Tell the seller that the buyer is responsible for discovering any defects in the home
c) Take the listing and rely on the seller disclosing any defect on the property disclosure form
d) Rely on the buyer’s property inspection to discover any defect

A

a) Ask the seller about the sagging floor to discover if there is a structural problem with the house
The broker is responsible for disclosing any material fact about the home to a buyer or a buyer’s agent. It is the broker’s duty to discover any material facts that may affect the property’s value.

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10
Q

A salesperson sells a $150,000 home listed with another brokerage. The listing commission is 6.5% of the selling price, with 35% going to the listing broker and 60% belonging to the cooperating broker. The salesperson and his broker agreed that she would receive 55% of any commission that she generated for the brokerage firm. For this transaction, the salesperson is entitled to receive

a) $3,217.50
b) $2,632.50
c) $3,412.50
d) $5,850

A

a) $3,217.50
$150,000 (sales price) x 6.5% (0.065) = $9,750 (listing commission)
$9,750 x 60% (0.60) = $5,850 (cooperating broker’s commission)
$5,850 x 55% (0.55) = $3,217.50 (the salesperson’s commission)

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11
Q

The provision in a listing contract that gives additional authority to the broker and obligates the broker to distribute the listing to other brokers is

a) an open listing clause
b) a multiple listing clause
c) a net listing clause
d) a joint listing clause

A

b) a multiple listing clause
Listing agreements usually include clauses that give authority to a broker to distribute the listing to other brokers. A multiple listing service is a marketing organization whose broker members make their own exclusive listings available through other brokers. A net listing clause would permit a broker to receive as commission all excess monies over and above the minimum sales price agreed to in the listing agreement. Net listings are not only discouraged but illegal in many states. An open listing clause states that any number of brokers may work simultaneously to sell the property. With the commission going to the broker who secures a buyer able to purchase the property.

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12
Q

A broker is hired as a buyer’s agent. The buyer confides he filed for bankruptcy two years ago. The buyer would like to find a seller who is willing to carry the loan. In this situation, a correct statement about the broker’s responsibility regarding disclosure of the bankruptcy when presenting the offer to purchase is that the broker is

a) not required to disclose the bankruptcy because the broker has no agency relationship with the seller
b) required to disclose the bankruptcy under the Equal Credit Opportunity Act (ECOA)
c) required to disclose the bankruptcy because it is a material fact
d) not required to disclose the bankruptcy because the seller might reject the offer

A

c) required to disclose the bankruptcy because it is a material fact
A material fact is information important to the seller’s evaluation of the offer. The broker is obligated to disclose any material fact-something that might make a party to the transaction change their mind, regardless of the agency or nonagency relationship the broker has with the seller. The ECOA is a federal law prohibiting discrimination in the granting of credit and does not regulate disclosures required in a real estate transaction

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13
Q

To protect the buyer, many states require

a) a buyer’s independent property inspection
b) a property survey
c) a broker’s certification of property condition
d) a seller’s property condition disclosure

A

d) a seller’s property condition disclosure
Most states require that the seller truthfully complete a seller’s property condition disclosure statement. Some states use mandated disclosure forms. While states do not require property inspections, buyers should secure their own independent property inspection to ensure they know the actual condition of the property. A property survey determines the exact boundaries of a property but does not note the condition of the property

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14
Q

Many states permit mortgagors to redeem their property after default but before a foreclosure sale. This right is called

a) a mortgagee’s right of redemption
b) a statutory right of redemption
c) an equitable right of redemption
d) an owner’s right of redemption

A

c) an equitable right of redemption
If a borrower in default pays the lender the amount in default, plus costs, before the foreclosure sale, the debt will be reinstated in some states. This right is known as an equitable right of redemption. Certain states also have a period of time after a foreclosure sale in which the borrower in default may redeem the property if the borrower pays the court; the right to redeem the property within the period is called a statutory right of redemption

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15
Q

In a limited partnership

a) investors may participate with only a small amount of capital but with unlimited liability
b) the number of investors is limited to 10
c) each limited partner is liable but no more than their investment
d) all the partners participate in running the business

A

c) each limited partner is liable for no more than their investment
In a limited partnership, each limited partner can be held liable for losses only to the extent of their investment. There is no limitation on the number of investors in the partnership. The limited partners are not legally permitted to participate in the running of the business

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16
Q

A farmer bought acreage in a distant county but never went to see the acreage and did not use the land. After the purchase, a woman moved her mobile home onto the land, drilled a well, and lived on the property for 20 years. The woman may become the owner of the land if she has complied with the law regarding

a) prescriptive easements
b) quitclaim deeds
c) adverse possession
d) voluntary alienation

A

c) adverse possession
The woman may file an action in court to receive title to the property if she has complied with state laws. Her possession must have been open, notorious, continuous and uninterrupted, and hostile and adverse. Adverse possession is a form of involuntary alienation. A quitclaim deed is frequently used to correct an error in a deed or to release an interest in a property. Prescriptive easements, while similar to adverse possession, are used to gain permanent access tot he property, not title.

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17
Q

A purchaser cannot qualify for conventional financing and negotiates a contract for deed with a seller. The buyer in this arrangement

a) has possession and pays the property expenses and taxes
b) has a full legal interest in the property
c) receives a deed to the property at closing
d) must lease the property from the seller for the duration of the contract term

A

a) has possession and pays the property expenses and taxes
In a contract for deed arrangement, the buyer takes full possession of the property and gets equitable title to the property. The buyer agrees to pay real property taxes, insurance premiums, and for the upkeep of the property. The seller is not obligated to execute and deliver the deed for the property to the buyer until all the terms of the contract have been satisfied.

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18
Q

A school leased a small commercial shopping strip. When classes started, the other tenants started complaining to the landlord that the students of the school were taking up the majority of the parking spaces, and their customers had no place to park. The lease required that the students park in spaces away from the other businesses. The school asked the students to park in the assigned spaces, but most continued to park where it was convenient. The landlord evicted the school. Is this action legal?

a) No, because the school asked the students to park in the assigned spaces, they cannot be evicted
b) No, the landlord cannot evict the school because parking is available to the public
c) Yes, the landlord can evict the school, and it is called constructive eviction
d) Yes, the landlord can evict the school for breach of the lease terms

A

d) Yes, the landlord can evict the school for breach of the lease terms
If a tenant fails to fulfill any of the terms of the lease, they are in breach and may be evicted. A constructive eviction would take place if the landlord was at fault and the tenant could not use the property for the purposes defined in the lease.

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19
Q

An FHA-insured mortgage loan is obtained from

a) any FHA-approved lending institution
b) any FHA-approved insuring institution
c) the Federal Housing Administration
d) the Department of Housing and Urban Development (HUD)

A

a) any FHA-approved lending institution
The FHA operates under HUD. The FHA neither builds homes nor lends money itself. The FHA insures loans. Loans must be obtained from FHA-approved lending institutions.

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20
Q

The term of a loan is

a) the length of time the borrower has to repay the loan
b) the time required to underwrite the loan
c) the time period in which a borrower may cancel a loan contract
d) the years required to pay private mortgage insurance

A

a) the length of time the borrower has to repay the loan
For residential loans, a borrower generally negotiates with the lender a term of 15-30 years. A longer term to repay the loan results in a lower monthly payment. A shorter term results in a higher monthly payment

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21
Q

A purchaser is qualified to obtain an FHA loan for his new home. Which of the following would he apply to?

a) Fannie Mae
b) the FHA
c) Freddie Mac
d) An FHA lender

A

d) An FHA lender
The FHA does not negotiate loans. The FHA insures loans, which means the loan is backed by the government. Loans are made through an FHA-approved lending institutions. Fannie Mae does not lend money directly to homebuyers but purchases mortgages in the secondary market. Freddie Mac is a federally chartered corporation that purchases mortgages in the secondary market.

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22
Q

An apartment rule prohibits pets. A prospective tenant with a physical disability relies on a service animal to assist him. Which of the following is true?

a) The landlord can require proof of the tenant’s disability and require a nonrefundable pet deposit
b) The landlord can waive the enforcement of the rule only if there is a suitable unit in the complex for an animal
c) The landlord must allow the animal but can charge an extra pet deposit
d) The landlord may not refuse to rent to a person with a service animal

A

d) the landlord may not refuse to rent to a person with a service animal
Service animals are not pets and must be allowed as a reasonable accommodation for a disabled person under the Fair Housing Act. The landlord may not charge any pet deposit for the animal.

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23
Q

A couple refinances their home with a new lender under a new loan agreement. They currently have a separate line of credit under their original lender. The original lender granting the line of credit agrees to take a second lien position on the property, granting first position to the new lender. The lenders have made this arrangement through

a) a subordination agreement
b) a due-on-sale clause
c) an acceleration clause
d) a defeasance clause

A

a) a subordination agreement
The lenders sign a subordination agreement which places the line of credit in a junior position to the new loan created through the refinancing of the property. A defeasance clause requires a lender to execute a satisfaction (release or discharge) of a loan when the borrower fully pays off the loan. A due-on-sale clause provides that when the property is sold, the lender may declare the entire debt due or permit the buyer to assume the loan. The acceleration clause in a mortgage permits the lender to declare the entire debt due and payable immediately if the borrower defaults on payments

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24
Q

The seller’s net after paying a 6% commission was $355,000. The approximate sale price of the property was

a) $376,300
b) $379,850
c) $381,720
d) $377,660

A

d) $377,660
100% - 6% = 94%
$355,000 / 94% (.94) = $377,659.57

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25
Q

A real estate agent acting a single agent owes either fiduciary or statutory agency duties to any of the following except

a) a seller
b) a landlord
c) a customer
d) a buyer

A

c) a customer
In single agency, the agent represents only one party in any single transaction. The agent owes fiduciary or statutory agency duties exclusively to one principal, who may be a seller, buyer, landlord, or tenant. The customer is the other party not represented by the agent in the transaction

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26
Q

The CAN-SPAM Act established guidelines for sending

a) solicited facsimile messages
b) unsolicited email messages
c) unsolicited text messages
d) solicited email messages

A

b) unsolicited email messages
the CAN-SPAM Act established guidelines for unsolicited commercial email messages, including an option for the receiver to opt-out from receiving future emails. The federal Junk Fax Prevention Act of 2005 permits someone to send a fax based on a prior business relationship, with an opt-out process to prevent future unsolicited advertising faxes.

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27
Q

What is the two discount points fee on a $180,000 Veterans Affairs-guaranteed loan?

a) $3,600
b) $900
c) $2,700
d) $1,800

A

a) $3,600
$180,000 loan x 2% (.02) = $3,600 (discount point fee)
A point is equal to 1% of the total loan amount 1% (.01) x $180,000 x 2 (2 points) = $3,600

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28
Q

Defined as a loss in value from any cause, depreciation is generally divided into three categories. The loss of value due to the normal wear and tear on a property is called

a) external obsolescence
b) functional obsolescence
c) physical deterioration
d) economic obsolescence

A

c) physical deterioration
Physical deterioration is the loss of value based on the physical wear and tear on the property. It can be either curable or incurable deterioration. External and economic obsolescence are a reduction in a property’s value caused by factors of the property itself. Function obsolescence is a loss in value due to such factors as outmoded or unacceptable features of the property itself

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29
Q

a deed must be signed by

a) the grantor and grantee
b) the grantor
c) the grantee
d) the grantee and two witnesses

A

b) the grantor
A deed must be signed by all grantors named in the deed. The grantee must be named but does not sign the deed. Some states may require witnesses to sign a deed in order for it to be recorded, but the grantee does not sign

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30
Q

A common feature of an adjustable-rate mortgage (ARM) is

a) negative amortization if rates decrease
b) automatic conversion to a fixed-rate loan
c) a cap on the amount the rate may increase
d) that the interest rate is fixed for a maximum of five years

A

c) a cap on the amount the rate may increase
Rate caps limit the amount the interest rate may change. Most ARMs have two types of rate caps: Periodic and for the life of the loan. An ARM does not include an automatic conversion to a fixed-rate loan. A borrower who wants to convert to a fixed-rate loan will usually work with a lender to refinance the loan

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31
Q

A single man with two small children has been told by a real estate salesperson that homes for sale in condominium complex are available only to married couples with no children. Which statement is true?

a) restrictive covenants in a condominium take precedence over the fair housing laws
b) Condominium complexes are exempt from the fair housing laws and can therefore restrict children
c) Because a single-parent family can be disruptive if the parent provides little supervision of the children, the condominium is permitted to discriminate
d) the man may file a complaint alleging discrimination on the basis of familial status

A

d) the man may file a complain alleging discrimination on the basis of familial status
The salesperson, and by implication, the broker and the property owner/principals have violated the prohibition against familial status discrimination. Anyone in charge of one or more children under age 18 who is denied access because of the children is the victim of discrimination based on familial status. Restrictive covenants do not take precedence over fair housing laws.

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32
Q

Charging more interest than is legally allowed is

a) allowed at a federal level
b) escheat
c) usury
d) a deficiency

A

c) usury
Usury is charging more interest on a loan than permitted by law. Escheat is the reversion of property to a state or county in cases where a property owner dies intestate with no eligible heirs. A deficiency occurs when the foreclosure sale of a property produces less than the amount to pay for the foreclosure process and the outstanding debt on the property. Usury rates are set at the state, not federal, level.

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33
Q

An owner wants to receive a net of $82,000 after selling her home. She has an existing mortgage of $32,500 and will have selling expenses of $444. If the broker is to receive a 7% commission, what is the lowest offer that she can accept for the property?

a) $123,959.70
b) $123,595.70
c) $122,515.08
d) $122,990.08

A

b) $123,595.70
$82,000 + $32,500 + $444 = $114,944
100% - 7% = 93%
$114,944 / 93% (0.93) = $123,595.70

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34
Q

A principal broker authorizes one agent in her firm to represent the seller and another to represent the buyer in the same real estate transaction. Each agent is

a) a universal agent
b) a dual agent
c) a designated agent
d) a single agent

A

c) a designated agent
A designated agent or representative is a person authorized by a real estate brokerage to act as the agent of a specific principal. The designated agent has s fiduciary relationship toward the principal, and the brokerage is a dual agent in the transaction. In single agency, a brokerage represents only the buyer or the seller in a transaction. Universal agency empowers an agent to do anything the principal could do personally.

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35
Q

A lease that will terminate before one year of its inception

a) may be oral
b) must be in writing
c) is invalid
d) violates the provisions of the statutes of frauds

A

a) may be oral
According to the statute of frauds, in general, oral leases for one year or less are enforceable. Such oral leases are valid. It is always better practice to gave the landlord and tenant sign a written agreement to provide concrete evidence of the terms and conditions of the lease

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36
Q

A guest slips on an icy apartment building stair and is hospitalized. A claim against the building owner for medical expenses may be paid under which of the following policies held by the owner?

a) casualty
b) liability
c) fire and hazard
d) workers compensation

A

b) liability
Casualty insurance covers losses such as theft, burglary, and vandalism. Workers’ compensation covers injuries to worker on the job. Fire and hazard covers direct loss due to damage

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37
Q

Lot A measured 200’ x 300’ and sold for $30,000 per acre. Lot B, which is located down the street, measures 150’ x 200’. If Lot B sells for the same price per acre as Lot A, which is the price of Lot B?

a) $20,661
b) $51,229
c) $41,322
d) $21,780

A

a) 20,661
The price of Lot B is $30,000 per acre, the same as Lot A. An acre is 43,560 square feet. Lot B is 150’ x 200’ = 30,000 sq. ft. As 30,000 is less than the 43,540 square feet in an acre, divide 30,000 by 43,540: 30,000 / 43,560 = .6887 acres. The price is $30,000 x .6887 = $20,661

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38
Q

To be an independent contractor, the requirements for the salesperson and principal broker would include all of the following except

a) the salesperson has signed an independent contractor agreement with the principal broker
b) the majority of the salesperson’s income be based on sales production
c) the salesperson has a current real estate license
d) the principal broker withholding taxes from the salesperson’s compensation

A

d) the principal broker withholding taxes from the salesperson’s compensation
A broker does not withhold federal taxes or Social Security from an independent contractor’s commission. A principal broker is required to make those withholdings for all employees. An independent contractor situation must include the other three requirements to meet the conditions for independent contractor status established by the IRS

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39
Q

Due diligence is best defined as

a) a seller’s obligation to complete a property disclosure
b) the requirement to have an inspection on a property
c) all the acts required of all parties to a transaction
d) using a good-faith effort to carry out the terms of a contract

A

d) using a good-faith effort to carry out the terms of a contract
Buyers are expected to use due diligence to verify the property will meet their needs, is zoned property, and is in an acceptable condition. The seller is expected to use due diligence to make sure the title being passed is marketable

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40
Q

A buyer negotiated a $75,000 loan at 8% interest for 30 years, with the first payment due in arrears on April 1. If the closing takes place on February 24 with the seller having the day of closing, and using a 360-day year, how much interest must the buyer pay on the day of closing?

a) $56.68
b) $566.78
c) $66.67
d) $656.78

A

c) $66.67
The buyer will owe interest for the portion of the month she owns the home
Total amount due / total days x days owed
The buyer will own the home for 4 days in February (Feb 28 - 24 = 4)
$75,000 x 8% (.08) = $6,000 interest for the year
$6,000 / 360 x 4 = $66.67

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41
Q

An individual who obtains a real estate loan and signs a note and a mortgage is known as

a) the mortgagee
b) the optionor
c) the mortgagor
d) the optionee

A

c) the mortgagor
The borrower who receives a loan and in return gives a note and mortgage to the lender is the mortgagor. The lender is called the mortgagee. An optionor is an owner who gives an optionee-a prospective purchaser or leasee-the right to buy or lease the owner’s property at a fixed price within certain period of time

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42
Q

An agent and his spouse, though separated, still own a property. The listing agent brings an offer from his separated spouse to a seller, his client. The agent does not tell the seller that the buyer is his spouse, as she has retained her maiden name throughout the marriage. The agent’s action

a) terminates the agency contract with the seller
b) creates an express agency with the buyer
c) is legal and ethical, as the agent’s relationship to the buyer does not affect the seller
d) violates his duty of disclosing material facts to the seller

A

d) violates his duty of disclosing material facts to the seller
The agent has a fiduciary duty to keep the seller - his client - informed of all facts that could affect the transaction. The agent’s relationship with eh buyer and interest in the property may affect his ability to properly represent his seller’s interest and his eagerness to have the property sold. The agent does not have an express agency contract with the buyer at this point. He may accidentally create an implied agency by acting in the buyer’s interest. The action does not in itself terminate the contract with the seller

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43
Q

Hidden defects, which are not easily discovered during a property inspection, are called

a) material facts
b) latent defects
c) fraudulent defects
d) observable defects

A

b) latent defects
A latent defect is a hidden structural defect that is not easily discovered during a property inspection. A material fact is any fact relevant to a person making a decision to buy a property. An observable defect is one that can be seen. Fraudulent defects are those that are concealed or hidden by fraud or misrepresentation.

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44
Q

In a land contract, the buyer

a) is not responsible for the real estate taxes on the property
b) has possession during the term of the contract
c) does not pay interest and principal
d) obtains legal title at closing

A

b) has possession during the term of the contract
In a land (installment) contract, the buyer has possession of the property during the term of the contract. The buyer holds equitable title, while the seller holds legal title to the property. The buyer pays interest and principals on the loan, and in most cases, real estate taxes on the property during the term of the contract.

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45
Q

Unless some other written agreement has been made, the broker will usually receive his brokerage commission when

a) the transaction is closed
b) an offer, procured from a ready, willing, and able buyer, has been accepted by the seller
c) the seller lists the property with the broker
d) the purchaser takes possession of the property

A

a) the transaction is closed
Although a commission is usually earned when the buyer has been procured, it is usually payable when the sale is closed unless another arrangement for payment has been agreed to in writing

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46
Q

A legally enforceable contract in which two parties exchange promises to do something for each other is known as

a) an option contract
b) a bilateral contract
c) a void contract
d) a unilateral contract

A

b) a bilateral contract
A bilateral contract is one in which both parties make a promise to the other. A unilateral contract is a one-sided contract in which one party makes a promise to induce a second party to do something. A void contract lacks one or all of the essential elements of a contract. An option contract is a unilateral contract in which only one party makes a promise to perform - in this case, to hold open the right for a buyer to purchase a property in the future

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47
Q

A homeowner purchased her home for cash 30 years ago. Today she receives monthly checks from a mortgage lender that supplement her retirement income. The homeowner most likely has obtained

a) a shared-appreciation mortgage
b) a reverse mortgage
c) a package mortgage
d) an adjustable-rate mortgage

A

b) a reverse mortgage
A reverse mortgage allow people 62 and older to borrow money against the equity they have built in their homes. The equity diminishes as the loan amount increases. Reverse mortgages have a fixed rate of interest and are not adjustable. Ina shared-appreciation mortgage, the lender, in exchange for a favorable interest rate, participates in the profits the borrower receives upon selling the property. A package mortgage secures both real and personal property, typically used in a resort purchase where the unit is fully furnished.

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48
Q

The status of a contract that meets all the essential elements and is enforceable is called

a) a void contract
b) a voidable contract
c) an enforceable contract
d) a valid contract

A

d) a valid contract
When a contract meets all of the essential elements and is enforceable, it is a valid contract. Duress, fraud, misrepresentation, and minors always make contracts voidable. Void or unenforceable real estate contracts lack an essential element and do not exist in the eyes of the court for enforcement.

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49
Q

Which statement is true of a real estate broker acting as the agent of the seller?

a) the broker can agree to a change in price without the seller’s approval
b) the broker has a fiduciary obligation of loyalty to the seller
c) the broker can accept a commission from the buyer without the seller’s approval
d) the broker can disclose confidential information about the seller to a buyer if the buyer is also represented by the broker

A

b) the broker has a fiduciary obligation of loyalty to the seller
Loyalty to the client-seller requires confidentiality-not revealing confidential information; it involves obedience - not publishing a price different from the one set by the client; and it requires disclosure. Dual agents have duties of confidentiality to both of the parties they represent.

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50
Q

A person approaches an owner and says, “I’d like to buy your house.” The owner says, “Sure,” and they agree on a price and write it down on a piece of note paper and sign it. What kind of contract is this?

a) valid
b) enforceable
c) voidable
d) void

A

a) valid
Anytime a buyer and seller agree in writing with notice and acceptance, a valid contract is formed. If the offer is missing an essential element, it is void and unenforceable. Duress, fraud, misrepresentation, and minors always make contracts voidable

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51
Q

The purpose of a building code is to

a) make sure buildings are structurally safe
b) enforce zoning ordinances
c) ensure compliance with a deed’s restrictive covenant
d) maintain municipal control over the volume of new construction

A

a) make sure buildings are structurally safe
Building codes are used to make sure buildings are structurally sound and safe. A restrictive covenant is a restriction established by a private entity, not a public government. Building codes do not affect a deed’s restrictive covenant. Zoning ordinances regulate the types of new construction but are not enforced through building codes

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52
Q

A buyer defaults on a purchase agreement, and the seller goes to court to force the buyer to buy. The seller’s remedy is

a) specific performance
b) money damages
c) partial perforamnce
d) liquidated damages

A

a) specific performance

An action in court to have the defaulting party perform on the contract is called a suit for specific performance

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53
Q

A tenant’s lease has expired, but the tenant has not vacated the premises or negotiated a renewal lease. The landlord has declared that the tenant is not to remain in the building. This situation is an example of

a) an estate for years
b) tenancy at sufferance
c) tenancy at will
d) an estate from period to period

A

b) tenancy at sufferance
Tenancy (estate) at sufferance occurs when a tenant who lawfully possessed real property continues in possession of the premises without the landlord’s consent after the lease rights expire, typically from an estate for years. An estate from period to period automatically renews unless notice is given. A tenancy at will permits a tenant to possess property with the landlord’s consent for an unspecified term. An estate for years is a leasehold estate that continues for a definite period, whether that period is days, weeks, months, or years and has a definite expiration date.

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54
Q

While notarizing is NOT required to create a valid deed, the primary purpose of acknowledgement in this use is to:

a) verify that the deed was signed without duress
b) convey title to the grantee
c) ensure the identity of the grantee
d) guarantee a marketable title

A

a) verify that the deed was signed without duress
An acknowledgement is a formal declaration before notary public or another authorized public officer that the person who signs a deed does so voluntarily and that the signature is genuine. The primary purpose of acknowledgement is to verify that the document was executed without duress, which would make the deed voidable. The secondary purpose is to ensure the identity of the party signing the document, which is only the grantor.

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55
Q

A property owner contracted to have a swimming pool installed on her property. When the pool was completed, she refused to pay for the improvement, and the contractor filed a lien for nonpayment. This lien was MOST likely

a) a general lien
b) a special lien
c) a mechanic’s lien
d) a voluntary lien

A

c) a mechanic’s lien
A mechanic’s lien may be filed by a contractor when an owner refuses to pay for work on an improvement. The lien is a specific, involuntary lien on the property. A general lien applies to both person and real property.

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56
Q

An optionee has communicated to the optionor that the optionee will purchase the property. This option contract is now exercised and is BEST described as

a) an executory unilateral purchase contract
b) an executed bilateral purchase contract
c) an executory bilateral purchase contract
d) an executed unilateral purchase contract

A

c) an executory bilateral purchase contract
When the buyer informs the seller that he is going to purchase the property, the option is exercised, and an executory bilateral purchase contract exists.

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57
Q

To protect the owner against the mismanagement of monies that the property manager receives, the owner may require the manager to purchase

a) errors and omissions insurance
b) a license bond
c) a fidelity bond
d) workers’ compensation insurance

A

c) a fidelity bond
The owner may require the manager to purchase a fidelity bond, which covers theft or embezzlement, along with mismanagement. Errors and omissions covers items left out of or incorrect in contracts and lease documents. Workers’ compensation is used to cover injuries on the job. A license bond is used in a profession such as contracting to obtain a license.

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58
Q

Why is the Civil Rights Act of 1866 unique?

a) it contains “choose your neighbor” provisions
b) it provides no exceptions that would permit racial discrimination
c) it has been broadened to protect seniors
d) it adds recipient of public assistance as a protected class

A

b) it provides no exceptions that would permit racial discrimination
Unlike other exemptions permitted under the federal Fair Housing Act of 1968, the Civil Rights Act of 1866 allows no exceptions due to race. Recipients of public assistance are not protected classes under any fair housing law but are protected under the Equal Credit Opportunity Act. Senior housing protections are in the Fair Housing Act of 1866. No fair housing laws contain a “choose your neighbor” provision.

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59
Q

The market value of a parcel of real estate is

a) an estimate of its future benefits
b) its value without improvements
c) the amount of money paid for the property
d) the most probable price it should bring

A

d) the most probable price it should bring
An appraisal estimates the market value - the price a property would most probably bring. The amount of money actually paid for a property is the market price, which may or may not equal the market value. An estimate of a property’s future benefits may be used by an appraiser as part of the income approach to value. The value of a property without improvements consists of the value of the land itself.

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60
Q

The term reconciliation refers to which of the following?

a) loss of value due to any cause
b) analyzing/weighing the findings obtained by the different approaches to value to arrive at a final estimate of value
c) separating the value of the land from the total value of the property to compute depreciation
d) the process by which an appraiser determines the highest and best use for a parcel of land

A

b) analyzing/weighing the findings obtained by the different approaches to value to arrive at a final estimate of value
The three approaches to value typically produce three different values. An in-depth analysis of these values is required to determine the most valid, logical, and reliable approach to be used to provide the final value estimate. Determining depreciation-a loss of value due to any cause - is part of the process of the cost approach. The highest and best use of a property is the single most profitable use for that property. Determining highest and best use is only one of the factors considered is an appraisal prior to choosing an approach to value and reconciliation.

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61
Q

An appraiser is responsible for

a) finding value
b) estimating value
c) computing value
d) determining value

A

b) estimating value
The appraiser does not make or determine value. After the appraiser completes the analysis and considers all the data, an estimate of value will be provided. An appraisal is an official estimate of value.

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62
Q

What is the intent of seller disclosures regarding property conditions?

a) assists the seller in determining a fair asking price
b) shifts the burden onto the buyer to discover what is wrong with the property
c) encourages the broker to share in liability issues
d) helps the buyer determine what price to offer

A

d) helps the buyer determine what price to offer
After consulting the property disclosure to learn about potential problems, the age of appliances, and systems, the buyer is in a better position to make an offer based on the condition of the property.

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63
Q

The landlord’s lease prohibits tenants from altering the property in any way. A young woman who uses a wheelchair cannot maneuver over the doorstep into the apartment by herself. In addition, she cannot access the bathroom facilities in her wheelchair. Which of the following is true?

a) the tenant is entitled to make the necessary alterations
b) the landlord is responsible for making all apartments accessible to people with disabilities
c) the landlord should not have rented this apartment to the tenant
d) the tenant cannot remedy these conditions because of the terms of the lease

A

a) the tenant is entitled to make the necessary alterations
The Fair Housing Amendments Act of 1998 provides that people with disabilities must be permitted to make reasonable modifications to the premises at their own expense. The Act does not require the landlord to make all apartments accessible to people with disabilities.

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64
Q

Buyers seeking a mortgage on a single-family residence would be LEAST likely to obtain the mortgage from

a) a life insurance company
b) a credit union
c) a commercial bank
d) a mutual savings bank

A

a) a life insurance company
Life insurance companies make mortgage loans on large projects but rarely, if ever, on individual home purchases. Mutual savings banks, credit unions, and commercial banks are all sources of mortgages for individual residences.

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65
Q

A homeowner received estimates that ranged between $20,000 and $25,000 for repairing damage caused by water leaking into the basement. The owner couldn’t afford the repairs, so he constructed a false floor over the entire basement and installed carpet over the floor to conceal the damage. When he listed the house, he did not disclose the leak or the damage to the basement on the property disclosure form. The basement damage is an example of

a) a patent defect, and the brokerage firm is not liable for not discovering the false floor and the damage
b) a latent defect, and the listing brokerage firm is not liable for not discovering the false floor over the damage
c) a patent defect, and the brokerage firm may be liable for not discovering the false floor and the damage
d) a latent defect, and the listing brokerage firm may be liable for not discovering the false floor over the damage

A

b) a latent defect, and the listing brokerage firm is not liable for not discovering the false floor over the damage
The basement damage is a hidden structural defect known to the seller but not known to the brokerage firm or those working for the firm or to a purchaser. Real estate professionals are not liable for discovery and disclosure of latent defects not disclosed by the purchaser. Patent defects are property defects that are easily visible when inspecting a property.

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66
Q

Discount points on a mortgage are computed as a percentage of

a) the down payment
b) the closing costs
c) the amount borrowed
d) the selling price

A

c) the amount borrowed
A discount point is 1% of the loan amount and is charged to the borrower at closing. Discount points are nto based on the selling price or downpayment

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67
Q

A buyer who owns the property in equity has which type of contract?

a) executory
b) liquidated damages
c) option
d) lease

A

a) executory
During an point in the executory contract (time period between signed offer to title transfer), the buyer has equitable title (also called the owner in equity). An executory purchase contract can be liquidated damages or specific performance. In an option contract, only one party is bound and there is no equity of title.

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68
Q

A landowner sells one acre of his two-acre property to a friend. He reserves for himself an appurtenant easement over the friend’s land for ingress and egress. The landowner’s property is

a) cleared of the easement when the landowner sells the remaining acre to a third party
b) the servient tenement
c) subject to an easement in gross
d) the dominant tenement

A

d) the dominant tenement
The landowner’s parcel benefits from the easement and is the dominant tenement. The neighbor’s tract, over which the easement runs, is the servient tenement. The landowner’s easement remains with the property when it is sold. An easement in gross is a company’s right to use another’s property, such as an easement for a utility company to run power lines over another’s property.

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69
Q

The broker receives an earnest money deposit with a written offer to purchase that includes a 10-day acceptance clause. On the fifth day, before the offer is accepted, the buyer notifies the broker that she is withdrawing the offer and requests the return of her earnest money deposit. In this situation

a) the buyer may revoke the offer but will not have the earnest money returned since the buyer failed to give the seller the full acceptance time
b) the buyer cannot withdraw the offer because it must be held open for the full 10 days
c) the buyer has the right to revoke the offer at any time until it is accepted and recover the earnest money
d) the seller and broker have the right to each retain half of the deposit

A
c) the buyer has the right to revoke the offer at any time until it is accepted and recover the earnest money
The offeror (the buyer) may revoke the offer at any time before the offer is accepted, even if the person making the offer agreed to keep the offer open for a set period of time. At that point, the earnest money deposit should be refunded to the buyer.
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70
Q

A sales contract or land contract should give the buyer

a) a cloud on the title
b) a legal title
c) a quiet title
d) an equitable title

A

d) an equitable title
The sales contract, land contract, or trust deed would give the buyer an equitable title. Legal title is transferred from the seller to the buyer via deed at closing of a sales contract and upon last payment to the seller from the buyer in a land contract.

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71
Q

A lender offers to take over the title of a property that is in foreclosure without going through the foreclosure process. This is called

a) an assumption
b) a reconveyance deed
c) a deed in lieu of foreclosure
d) a subordination agreement

A

c) a deed in lieu of foreclosure
A deed in lieu of foreclosure is an alternative to foreclosure and is carried out by mutual agreement between the lender and the borrower rather than by a lawsuit. A reconveyance deed is used by a trustee under a deed of trust to return title to the trustor. In an assumption, a buyer purchases a property by assuming the seller’s debt and becoming personally obligated for the payment of the entire debt. A subordination agreement agreement moves a first mortgage lien to a secondary position by mutual agreement of the two lenders.

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72
Q

In computing the square footage of a single-family home, an appraiser measure the external dimensions of the gross living area, which includes all of the following except

a) a patio
b) an extra bedroom
c) a finished basement
d) a laundry room

A

a) a patio
To compute the square footage of a single-family home, the external dimensions of the building are measured. A garage, porch, patio, or unfinished areas are not used when computing the square footage of a property. Unfinished areas are included in another section of an appraisal report.

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73
Q

Because of her 20 years of experience in real estate, the managing broker of ABC Realty is often consulted by the office’s sales associates. She is frequently asked to assist in advising buyers of how they should take title to their new homes. This practice is

a) an example of the benefit of using a full-service brokerage
b) prohibited by the federal government
c) permissible because it is at the request of a client of customer
d) the unauthorized practice of law

A

d) the unauthorized practice of law
Advising buyers on how they should take title to property is not part of the duties of a real estate agent; buyers should be advised to consult their attorney on such matters. State law, rather than federal law, defines the responsibilities of a real estate agent.

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74
Q

If a lender agrees to make a loan based on an 80% loan to value ratio (LTV), what is the amount of the loan if the property appraises for $114,500 and the sales price is $116,900?

a) $83,200
b) $92,900
c) $91,600
d) $91,300

A

c) $91,600
The LTV will be based on the relationship of the loan to either the appraisal or the purchase price, whichever is less. In this case, the appraisal is less. Therefore, the loan will be 80% of $114,500, which equals $91,600
$114,500 x 80% (0.80) = $91,600

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75
Q

The buyer and seller have entered into a binding contract for sale. However, before closing, the law changes and the buyer’s intended use of the property becomes illegal. Which is TRUE?

a) The contract is terminated due to fraud by the seller
b) the contract is valid, but the price must be renegotiated
c) the contract is void due to impossibility of perforamnce
d) the contract is valid and enforceable under the rules of risk

A

c) the contract is void due to impossibility of performance
An essential element of a contract is the lawful objective or purpose; if this is no longer part of the contract, then the contract is void. In this case, the seller did not commit fraud and no contract requires the price to to be renegotiated if it becomes void.

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76
Q

A township contains

a) 36 sections
b) 6 square miles
c) 23,040 square feet
d) 640 acres

A

Each section is 1 square mile. Each township is 6 square miles and contains 36 square miles, so a township contains 36 sections. Each section is 1 square mile, or 640 acres. The 36 square miles of a township are 23,040 acres

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77
Q

The relationship of agents to their principal is that of

a) an attorney-in-fact
b) a fiduciary
c) a trustee
d) a subagent

A

b) a fiduciary
The principal is the party to whom the agent gives advice and counsel. The agent’s fiduciary relationship of trust and confidence with the principal means the broker owes the principal certain specific duties. A trustee holds property for another as a fiduciary, but an agent does not hold the principal’s property. A subagent, though working in the principal’s interest, is an agent of the brokerage firm/principal broker who is already acting as agent for the principal. An attorney-in-fact is a competent third party authorized by the principal’s place through a written and recorded power of attorney

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78
Q

A couple applying for a residential mortgage loan has a combined monthly gross income of $8,000. Their total housing expense with a new loan would be $1,770, including principal, interest, taxes and insurance (PITI). Their total debt expense, including housing expenses, would be $2,80. Under these conditions, would the couple qualify for a conforming loan under Fannie Mae guidelines?

a) No, because their debt to income ratio exceeds the limits set by Fannie Mae
b) Yes, because their debt to income ratios are within criteria set by Fannie Mae
c) No, because their total housing expense i smore than 50% of their total debt expense
d) Yes, because their total housing expense is less than 60% of their total debt expense

A

b) Yes, because their debt to income ratios are within criteria set by Fannie Mae
A conforming loan is one that qualifies under the debt to income ratios set by Fannie Mae. The borrower’s total housing expense must be no more than 28% of gross monthly income, and the borrower’s total debt expense including housing must be no more than 36% of gross monthly income. To find the total housing expense ratio, divide the total housing expense ($1,770) by the monthly gross income ($8,000)
1,700 / 8,000 = 22%
To find the debt expense, divide that expense ($2,800) by the monthly gross income ($8,000)
2,800 / 8,000 = 35%
In this situation, if their credit score and history are considered good by the lender, the couple would qualify for a conforming conventional loan.

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79
Q

The final decision on a property’s listing price should be made by

a) the seller’s attorney
b) the listing broker
c) the seller
d) the appraiser

A

c) the seller
The seller must determine the listing price of the seller’s property. It is the responsibility of the broker to advise and assist the seller in making that decision. A broker or salesperson may use a competitive market analysis to help the seller determine a reasonable listing price.

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80
Q

When neither party can sue the other to force performance, the real estate contract is said to be

a) voidable
b) unenforceable
c) valid
d) void

A

b) enforceable
When neither party can sue the other to force performance, the contract is said to be unenforceable. When a contract meets all of the essential elements and is enforceable, it is a valid contract. Duress, fraud, misrepresentation, and minors always make contracts voidable. Void real estate contracts lack an essential elements and are unenforceable.

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81
Q

An offer was made for 90% of the $120,900 list price of a property. The offer was accepted, and the lender agreed to negotiate an 80% loan at 8% interest for 30 years. The buyer had a $5,000 earnest money deposit, paid $350 for title expenses, 250 for attorney fees, and had other expenses of $749. How much money does the buyer need to close on the property?

A

$18,111
$120,900 x 90% (0.90) = $108,810 purchase price
$108,810 x 80% (0.80) LTV = $87,048 loan amount
( debits)108,810 + 350 (title expense) - (credits) $87,048 (mortgage) - $5,000 (earnest money) - $250 (attorney’s fees) - $749 (other expenses) = $18,111

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82
Q

The type of real estate ownership that is MOST inclusive is

a) a reversionary interest
b) a qualified fee estate
c) a fee simple absolute estate
d) a life estate

A

c) a fee simple absolute estate
A fee simple absolute estate is the highest interest in real estate recognized by law. Fee simple ownership is absolute ownership in which the holder is entitled to all rights to the property. A life estate is a freehold estate that lasts as long s the life tenant. A qualified fee estate is limited by specific conditions created by agreement or by law. A reversionary interest is that interest in property that exists when ownership of a life estate reverts back to the original owner at the end of the life estate.

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83
Q

A law of agency is a common-law concept. As common-law, it

a) is part of a body of law established by tradition and court decisions
b) may not be superseded by statutory law
c) is enacted by legislatures and other governing bodies
d) is a legal doctrine that is formed from common sense and usual practices

A

a) is part of a body of law established by tradition and court decisions
The law of agency is law from judgments and decrees, as opposed to law established by legislatures or other governing bodies. In many states, statutes have been enacted to further define agency representation with laws and regulations that set forth the responsibilities of real estate licensees to clients and customers.

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84
Q

Rents have gone up in the area. The principle that BEST describes this increase is

a) contribution
b) supply and demand
c) subsitution
d) conformity

A

b) supply and demand
Under the concept of supply and demand, if demand increases and supply remains the same, the supply becomes more valuable. Fewer rental properties will produce higher rents. The principle of substitution says the maximum value of a property ends to be how much it would cost to purchase an equally desirable substitute property. The principle of contribution is used to determine improvements will increase or decrease the value of the real property. Conformity is the appraisal principle that holds that the greater the similarly among properties in an area, the better the properties will hold their value.

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85
Q

The difference between a term loan and partially amortized loan is

a) the term loan will have a smaller monthly payment with a larger balloon
b) the partially amortized loan will have a lower payment and balloon
c) the term loan will have a larger payment and a smaller balloon
d) the partially amortized loan payment will pay the loan in full with the final payment

A

a) the term loan will have a smaller monthly payment with a larger balloon
Term loan payments are interest-only, so they will be smaller than a partially amortized loan in which the payment pays both interest and principals.

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86
Q

A divorce attorney hires a broker to determine the value of the property the couple owns. The broker will MOST likely prepare

a) a sales comparison approach
b) a real estate appraisal
c) a broker’s price opinion
d) a cost approach to value

A

c) a broker’s price opinion (BPO)
A BPO is a broker’s opinion of the value of a particular property, often in the form of a competitive market analysis. The BPO may not be labeled an appraisal, which may only be conducted by a state-licensed or certified appraiser. the sales comparison approach is used in both the BPO an an appraisal. The cost approach is used when conducting an appraisal.

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87
Q

A commercial tract of land is 1.25 acres. The lot is 150 feet deep. What is the selling price of the lot at $26,500 per front foot?

A

a) $9,619,500
1.25 acres x 43,560 (square feet per acre) = 54,450 (total square feet)
54,450 / 150 ft (the depth of the lot) = 363 front feed x $26,500 per front foot = $9,619,500 (the selling price).
The term front foot refers to a unit on frontage of a lot, usually the street frontage or water frontage. When two dimensions are given for a tract and not labeled, the first dimension is the frontage. Each front foot extends the depth of the lot.

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88
Q

A home is purchased using a fixed-rate, fully amortized mortgage loan. With this loan

a) a balloon payment will be made at the end of the loan
b) each mortgage payment amount is the same
c) each mortgage payment reduces the principal by the same amount
d) the principal amount in each payment is greater than the interest amount

A

b) each mortgage payment amount is the same
In a fully amortized loan, there will be no balloon payment because the periodic payments fully repay the loan by the end of the term period. Each mortgage payment reduces the principal by a slightly different (increasing) amount, but each mortgage payment (principal and interest) is the same.

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89
Q

An agent is managing a 15-unit apartment building and is paid 9% of the gross income. She leases five apartments for $500, five for $550, and five for $600. There is a 3% vacancy rate and additional income of $450 per month. The monthly operating expenses are $1,749, and the owner is generating an 8% return on the investment. What is the effective gross income on the building?

A
$101,430
5 x $500 x 12 (months) = $30,000
5 x $550 x 12 (months) = $33,000
5 x $600 x 12 (months) = $36,000
30,000 + 33,000 + 36,000 = $99,000 PGI
99,000 x 3% (vacancy = $2,970 (expected loss due to vacancy)
99,000 -02,970 = $96,030
$450 (additional income) x 12 (months) = $5,400
$96,030 + $5,400 = $101,430
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90
Q

The defeasance clause in a mortgage requires the mortgagee to execute

a) a subordination agreement
b) an assignment of mortgage
c) a satisfaction of mortgage
d) a partial release agreement

A

c) a satisfaction of mortgage
A defeasance clause requires the lender to execute a satisfaction, also known as a release or discharge, when the note has been fully paid. Satisfaction of the mortgage returns to the borrower all interest in the real estate originally conveyed to the lender. A mortgagee may assign a note to a third party, such as investor or another mortgage company (the assignee). hen the debt is paid in full, the assignee is required to execute the satisfaction of the mortgage.

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91
Q

A federal Equal Credit Opportunity Act (ECOA) allows lenders to discriminate against potential borrowers on the basis of

a) age
b) amount of income
c) dependence on public assistance
d) race

A

b) amount of income
Lenders may reject applicants who have insufficient income for the loans they are requesting or for their lack of ability to repay the loans. Lenders may not discriminate against potential borrowers on the basis of race, color, religion, national origin, sex, marital status, age, or dependence on public assistance.

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92
Q

When a loan requires payments that do not fully pay off the loan balance by the final payment, which term BEST describes the final payment?

a) balloon
b) adjustment
c) variable
d) acceleration

A

a) balloon
When the term of the loan is over and the payments made have not paid off the debt, the last payment is a balloon payment. The loan is called a balloon loan. Acceleration occurs when a lender calls for full payment of a loan before its term has ended. The adjustment in an adjustable-rate mortgage establishes how often the rate may be changed. A variable payment is one that may change over time depending on the mortgage payment.

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93
Q

The area of a rectangle that is 50 feet by 170 feet is

A

d) 8,500 square feet.
length x width
50 x 170

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94
Q

The clause in the deed that conveys the rights and privileges of ownership is called

a) the seisin clause
b) the exception clause
c) the acknowedlgement
d) the granting clause

A

d) the granting clause
The granting clause states the grantor’s intention to convey the property at the present time. An exception and reservations, or limitations affecting the title. The covenant of seisin is the grantor’s promise of ownership and ability to convey title in a general warranty deed. The acknowledgement is a formal declaration under oath that the person signing the deed does so voluntarily and that the signature is genuine. The signature is not required to make a deed valid but is often required to record the deed.

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95
Q

A corporation takes title to real property

a) in severalty
b) as a trust
c) as a joint tenancy
d) in a partnership agreement

A

a) in severalty
A corporation is legally treated as a single person and may own property in severalty. A corporation, though not human, is an artificial person in the eyes of the law. A corporation is not a partnership or a trust. It does not own property with the right of survivorship established through a joint tenancy.

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96
Q

A buyer under an executory contract has found numerous inspection issues the seller is unwilling to repair. The seller and the buyer agree to terminate the contract with all things of value returned to each party. This is known as

a) mutual performance
b) liquidated damages
c) specific performance
d) mutual rescission

A

d) mutual rescission
When both parties to a contract are returned to their original position, it is known as mutual rescission. Liquidated damages and specific performance are types of purchase contracts chosen as a remedy for default by one of the parties. Mutual performance is when both parties complete the contract.

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97
Q

A broker helps a buyer and a seller with paperwork but does not have fiduciary obligations to either party. The broker’s activity in this situation is that of of

a) a single broker
b) a designated agent
c) a transaction broker
d) a dual agent

A

c) a transaction broker
In some states, a broke may be an agent of neither party to a transaction , but help both the buyer and the seller with necessary paperwork and formalities in a transaction. The broker acts as a transaction broker or facilitator but not as an agent of either party.

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98
Q

A real estate professional has all the following obligations to consumes EXCEPT

a) fair and honest business dealings
b) full disclosure of all material facts
c) keep all information received confidential
d) accounting of all funds received

A

c) keep all information received confidential
Real estate professionals owe consumers disclosure, accounting, and honest. Confidentially is owed to parties the agent or facilitator represents.

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99
Q

Which of the following best describes fee simple absolute estate?

a) it will have the maximum rights unless there are deed condition limitations
b) it is the maximum estate in land and lasts forever
c) it is the maximum estate in land but lasts only for the duration of the property ownership
d) the duration is dependent up the language of the deed

A

b) it is the maximum estate in land and lasts forever
Fee simple absolute estates, which have the larges (maximum) bundle of rights, are typically transferred from one owner to another when title is passed so they continue on forever. A deed condition would create a fee simple defeasible or qualified estate

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100
Q

The freehold estates of fee simple absolute, fee simple defeasible, and a life estate have all of the same attributes EXCEPT

a) ownership of the estate is passed by a deed
b) owners have the right of possession, which can be conveyed to a tenant via a lease
c) all owners are obligated to pay the property expenses and taxes
d) all owners may convey title via a will to their heirs.

A

d) all owners may convey title via a will to their heirs
The owner of a life estate may not transfer his ownership after death since his ownership is limited to a lifetime. All freehold estates are created in the deed, and since the holder then owns the property, he is obligated to pay the expenses and taxes. All owners may lease the property; a life tenant’s lease would last only as long s the life estate lasts.

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101
Q

Ever deed must be signed by

a) the grantee
b) the grantor
c) the devisee
d) the grantor and grantee

A

b) the grantor
Either the grantor, or someone acting under the grantor’s authority, must execute (sign) every deed, and the grantor must have the legal capacity to do so. The grantee is not required to sign the deed. A devisee is the recipient of real property under a will and is not required to sign a deed.

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102
Q

Institutions in the secondary mortgage market

a) purchase a number of mortgage loans already funded and assemble them into packages to form marketable securities for investors
b) make direct loans to purchasers for second mortgages
c) provide loans to lenders in the primary mortgage market to raise capital for new loans
d) set the interest rates required for loans made in the primary mortgage market

A

a) purchase a number of mortgage loans already funded and assemble them into packages to form marketable securities for investors.
In the secondary mortgage market, loans are brought and sold only after they have been funded by lenders in the primary mortgage market. The secondary market activity enables lenders to sell mortgage loans to raise capital for new loans.

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103
Q

under an existing zoning ordinance, no signs that extend more than three feet above the highest point of a roof may be placed on any building. An owner wants to erect a nine-foot-high revolving sign on the roof of his store. In order to do this legally, the owner must get

a) a nonconforming-use permit
b) a variance
c) a special-use permit
d) a deed to the air rights

A

b) a variance
A variance permits a landowner to use the property in a manner that is strictly prohibited by the existing zoning. A nonconforming-use permit would only apply to a use that existed prior to the zoning ordinances. A variance does not require ownership of air rights. Special-use permits are tied to how the property is used, such as a school or daycare.

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104
Q

An owner who is interested in selling his house is usually concerned about how much money he can get when it sells. A competitive market analysis (CMA) may help the seller determine a realistic listing price. Which of the following statements is TRUE?

a) a broker, but not a salesperson, is permitted to prepare a CMA
b) a CMA is what is prepared by a certified real estate appraiser
c) a CMA contains a compilation of facts about similar properties that have recently sold
d) a CMA is the same as an appraisal

A

c) a CMA contains a compilation of facts about similar properties that have recently sold
A CMA is a comparison of the prices of properties recently sold, properties currently on the market, and properties that did not sell. It is an analysis of the market activity among comparable properties designed to arrive at a fair market value for the subject property. Any real estate broker or salesperson may prepare a CMA. The CMA is not an appraisal, which may only be prepared by a state-licensed or certified real estate appraisal.

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105
Q

Which of the following would be classified as external depreciation?

a) a poorly designed floor plan that could be modified
b) Poorly maintained properties in the neighborhood
c) Convenient access to schools and recreational facilities
d) a leaking roof that needs to be completely replaced

A

b) Poorly maintained properties in the neighborhood
External depreciation is caused by factors not on the subject property, such as poorly maintained properties in the neighborhood. A leaky roof is an example of physical deterioration. A poorly designed floor plan is an example of functional obsolescence. Convenient access to schools and recreationally facilities are examples of good features that may add to the desirability of a neighborhood.

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106
Q

The rent collected in a 9-unit building is as follows: three apartments, $550; three apartments, $600; and three apartments, $650. There is a vacancy rate of 4%, additional annual income of $2,400, and annual expenses of $5,000. With a cap rate of 9%, how much should the buyer pay for this property?

A

a) $661,244
$550 x 12 x 3 = $$19,800; $600 x 12 x 3 = $21,600; $650 x 12 x 3 = $23,400; Total annual income from units = $64,800
$64,800 + 2,400 = $67,200 potential gross income
$64,800 x 0.04 = $2,688 (Vacancy)
$67,200 - $2,688 = $64,512
$64,512 - $5000 = $59,512 (Net operating income)
$59,512 / 0.09 (cap rate) = $661,244

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107
Q

Which of the following is NOT considered by an appraiser using the income approach to value?

a) capitalization rate
b) annual net operating income
c) annual gross income
d) depreciation

A

d) depreciation
Depreciation is one of the calculations used in the cost approach and not in the income approach. The capitalization rate and the annual net operating income (NOI) are factors used in the income approach to determine a property’s value (NOI / Rate = Value). Estimating the annual gross income of a property is the first step in the income approach to value.

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108
Q

A homeowner listed her property for sale at $100,000. If her original cost for the property was 80% of the listing price, what will her profit be when her real estate is sold for the listing price?

A

$20,000
$100,000 (listing price) x .80 (cost) = $80,000
$100,000 -0$80,000 = $20,000 (profit)

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109
Q

A tenant enters into a commercial lease that requires a monthly rent of a minimum fixed amount, plus an additional amount determined by the tenant’s gross receipts exceeding $5,000. This type of lease is called

a) a net lease
b) a percentage lease
c) a index lease
d) a fixed lease

A

b) a percentage lease
When a business tenant pays rent that varies with the tenant’s gross business receipts, the arrangement is called a percentage lease. In such a situation, the landlord shares in the tenant’s business risk because of the possibility of receiving no more than the minimum fixed amount. In a fixed lease, the tenant pays a fixed monthly amount, and the landlord pays the expenses of ownership. Index leases increase or decrease the rent amount paid based upon a pre-agreed-to-index-typically, the lease is tied to the consumer price index. With a net lease, the tenant pays a base rent plus certain costs in the operation of the property, such as utilities, property taxes, and assessments. The landlord ma pay some property expenses.

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110
Q

A building is 250 feet wide, 350 feet long, and six stories high (each story 12 feet in height). How much does the building cost at $0.98 per cubic foot?

A

$6,174,000
width x length x heigh: 250 x 350 x 12 = $1,050,000.
$1,050,000 x $0.98 = $1,029,000 x 6 = $6,174,000

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111
Q

Housing that qualifies for exemption from familial status under federal fair housing provisions

a) is permitted for owner-occupied buildings with four or more units
b) is allowed if 55% of the occupants are over 80 years old
c) includes a restriction that 80% of the units be occupied by people 55 or older
d) includes housing intended for people age 50 or older

A

c) includes a restriction that 80% of the units be occupied by people 55 or older
The Fair Housing Act allows for two exemptions to familial status protection in housing for seniors. One permissible exemption is if 80% of the units are occupied by people age 55 or older. The other exemption is for housing intended for persons over the age of 62. Owner-occupied buildings with four or more units are subject to the federal Fair Housing Act. All senior housing must be HUD certified.

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112
Q

If a mortgage lender discriminates against a loan applicant on the basis of age, it violates what law?

a) US Department of Veterans Affairs (VA)
b) Federal Housing Administration (FHA)
c) Equal Credit Opportunity Act (ECOA)
d) Americans with Disabilities Act (ADA)

A

c) Equal Credit Opportunity Act (ECOA)
Age is a protected category only under the ECOA. ADA, FHA, and VA do not have laws in regard tot he age of applicants since the issue is covered under ECOA and applies to FHA and VA loans.

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113
Q

In MOST market areas, rents are determined by

a) supply and demand factors
b) the local apartment owners association
c) Housing and Urban Development (HUD)
d) a tenants union

A

a) supply and demand factors
The number of properties and vacancies determine rent values. If the supply is low and demand is high, rents go up. If the supply is high and demand is low, rents go down. HUD, tenants unions, and apartment owners associations do not play a major factor in determining rents.

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114
Q

An apartment lease includes a clause that prohibits a tenant from owning a pet. A tenant buys a cat and keeps it in her apartment. She does not remove the cat even after the landlord gives her a written reminder of the lease agreement and insists that she remove the pet from the apartment. The tenant refuses, saying that the cat is very small and will cause no damage to the apartment. The landlord decides to remove the tenant due to the breach of the lease agreement. The legal process to remove the tenant is known as

a) eminent domain
b) partial eviction
c) constructive eviction
d) actual eviction

A

d) actual eviction
A tenant’s breach of a lease can result in a court action known as actual or judicial eviction. Constructive eviction occurs when a tenant abandons a property because the landlord has breached the lease. Eminent domain is the government’s power to take land for public use. Partial eviction refers to an eviction where a landlord deprives a tenant from the use of a portion of the leased premises.

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115
Q

The purpose for calculating the rate of return is to

a) analyze the vacancy rate for the month
b) project future income
c) measure the profitability of the property
d) determine the absorption rate within the building

A

c) measure the profitability of the property
The rate of return is calculated to measure the profitability of the property and is the capitalization rate. The vacancy rate would be used as part of this formula. Absorption rate and future income would not.

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116
Q

A salesperson signs a listing agreement with her broker to sell her home. The agreement states that the broker will receive a 7% commission. The home sells for $220,000. What is the net amount the seller will receive from the sale?

A

$204,600
$220,000 x .07 (brokerage rate) = $15,400 9Commission)
$220,000 - $15,400 = $204,600

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117
Q

A real estate salesperson states, “I hear they’re moving in. There goes the neighborhood! Better put your house on the market before values drop!” This statement is an example of what illegal practice?

a) steering
b) fraudulent advertising
c) blockbusting
d) redlining

A

c) blockbusting
Such statements, made by a person in real estate brokerage, constitute blockbusting and usually are attempts to get listings by frightening owners into selling. Blockbusting is a violation of the federal Fair Housing Act. Steering is the channeling of homebuyers to a particular neighborhood to maintain or change the character of the neighborhood. Redlining is the illegal practice of refusing to make a mortgage loan or restricting the number of loan sin a particular area. Fraudulent advertising involves providing untrue statements promises in the advertising of a property

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118
Q

In general, when the supply of a certain commodity increases,

a) price tends to drop
b) demand for it tends to rise
c) demand for it tends to drop
d) price tends to rise

A

a) price tends to drop
According to the principle of supply and demand, if demand is constant and supply increases, sellers of the commodity compete with each other by lowering prices. Prices tend to rise if the demand for the commodity increases while the supply remains the same.

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119
Q

A mortgage broker generally

a) brings the borrower and the lender together
b) grants real estate loans using investor funds
c) handles the escrow procedures
d) provides credit qualification and evaluation reports

A

a) brings the borrower and the lender together
A mortgage broker is an intermediary who brings borrowers and lenders together. A mortgage broker locates potential borrowers, processes preliminary loan applications, and submits the applications to lenders for final approval. Mortgage brokers do not provide loans, handle escrow funds, or check borrowers’ creditworthiness for loans

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120
Q

A real estate agent may be guilty of negligent nondisclosure by failing to exercise adequate care to discover

a) a defect in the property
b) a material defect and disclose it to the seller
c) a material defect
d) a material defect and disclose it to the buyer

A

d) a material defect and disclose it to the buyer
A real estate agent may be guilty of negligent nondisclosure by failing to exercise adequate care to discover a material defect and disclose it to the buyer

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121
Q

What action returns a contract’s parties to their positions before the contract, including return of any deposit?

a) rescission
b) subordination
c) cancellation
d) substitution

A

a) rescission
A rescission occurs when one party cancels or terminates the contract as if it had never been made. Cancellation terminate the contract without a return to the original position. Substitution is an appraisal principle of value. Subordination is used as a placeholder and indicates a mortgage or other interest will not move in front of a newer recording.

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122
Q

The type of listing contract that provides for payment of a commission to the broker even though the owner makes the sale without the broker’s aid is called

a) an exclusive right-to-sell listing
b) an exclusive agency listing
c) an option listing
d) an open listing

A

a) an exclusive right-to-sell listing
In an exclusive right-to-sell listing, if the property is sold while the listing is in effect, the seller must pay the broker a commission regardless of who sells the property. An open listing clause states that any number of brokers may work simultaneously to sell the property, with the commission going to the broker who secures a buyer able to purchase the property. An exclusive agency listing provides that the brokerage firm or a co-op broker will receive a commission if the property sells, but the owner reserves the right to sell the property without owing a commission if the owner sells the property on his own. An option listing permits the broker to retain an option to purchase the property for the broker’s own account.

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123
Q

A seller has received an offer. The seller crossed out a number of items, wrote in the changes the seller wanted, initialed them, and returned the document to the buyer. The original offer the offeror gave the seller is considered to be

a) binding only on the original offeror
b) terminated and countered
c) a partial acceptance of the original offer
d) a partial termination with conditional acceptance of the offer

A

b) terminated and countered
The counteroffer effectively terminates the original offer and creates a new offer. Therefore, the original offer is not valid, accepted, or binding.

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124
Q

A broker lists a property for sale at $100,000 with a 5% commission. He later obtains an oral offer from a prospective buyer to purchase the property. The seller indicates to the broker that the offer would be acceptable if it were submitted in writing. Before it can be put in writing, the buyer backs out and revokes the oral offer. In this situation, the broker would be entitled to

a) a commission of $5,000
b) the standard rate of commission for the area
c) no commission
d) only a partial commission

A

c) no commission
The broker only earns a commission with the procuring of a ready, willing, and able buyer who purchases the property on the seller’s terms. There is no standard rate of commission for a locality, as commission rates are determined by individual agreements between a broker and client.

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125
Q

An owner purchased an interest in a house in a resort beach community. The owner is entitled to the right of possession only between July 10 and August 4 of each year. Which type of ownership MOST likely has been purchased?

a) time-share
b) cooperative
c) condominium
d) trust

A

a) time-share
The owner holds an interest in property for a stated time each year, sharing the property according to a specified time plan. The owner’s interest is a time-share. The owner of a condominium or a cooperative has a right of possession for as long as the ownership is not transferred. An individual does not own property through a trust, as a trust holds title to the real estate.

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126
Q

A property manager hired a contractor to build a wheelchair ramp, install Braille markings on the elevators, and make the restrooms in the lobby accessible to people with wheelchairs. The property manager is ensuring that the owner is in compliance with which law?

a) Federal Fair Housing Act (FFHA)
b) Federal Housing Administration (FHA)
c) Americans with Disabilities Act (ADA)
d) Equal Credit Opportunity Act (ECOA)

A

c) ADA

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127
Q

When is a certificate of occupancy issued?
a) after applying for a conditional-use permit
b) after applying for a variance
c) after a newly constructed building has been inspected and found satisfactory by the municipal inspector
d when applying for a building permit

A

c) after a newly constructed building has been inspected and found satisfactory by the municipal inspector. The certificate of occupancy, granted by an inspector from the jurisdiction, is necessary before a newly constructed building can be used. The certificate can only be issued after construction has been completed. The certificate is not used in determining a variance or a conditional-use permit.

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128
Q

A high-rise apartment building burns to the ground. What type of insurance covers the landlord against the resulting loss of rent?

a) consequential loss, use, and occupancy
b) fire and hazard
c) liability
d) casualty

A

a) consequential loss, use, and occupancy
Casualty insurance covers losses such as theft, burglary, and vandalism. Liability covers medical expenses for someone injured on the premises. Fire and hazard covers direct loss due to damage.

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129
Q

A borrower has just made the final payment to her lender for her home’s mortgage. A lien on her property will remain until the lender records

a) a satisfaction of mortgage
b) a reconveyance of mortgage
c) a reversion of mortgage
d) an alienation of mortgage

A

a) a satisfaction of mortgage
A satisfaction of mortgage, also known as a release or discharge, is executed by the lender when a note has been fully paid. This document returns to the borrower all ownership interest in the real estate originally conveyed to the lender. This release must be recorded in the public record to show that the debt has been removed from the property.

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130
Q

The N½ of the SW¼ of the NE¼ sold for $2,500 per acre. What was the selling price?

A

$50,000
640 / 4 / 4 / 2 = 20 acres
20 x $2,500 = $50,000

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131
Q

How many acres is 1 section?

A

640

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132
Q

The physical characteristic of real estate that means that every parcel of land is different is known as

a) uniqueness
b) indestructibility
c) immobility
d) scarcity

A

a) uniqueness
Uniqueness is the concept that no two parcels of property are exactly the same or in the same location. An individual parcel has no substitute because each is unique. Immobility means the geographic location of a parcel of land can never be changed. Indestructibility means that land is durable and cannot be destroyed. Scarcity is an economic characteristic of land, meaning that when the supply of land is limited, the price of the land increases.

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133
Q

Two women own a property together. One dies and the other now owns the property with the co-owner’s heirs. The two women owned the property as

a) tenants in common
b) shareholders in their own corporation
c) joint tenants
d) tenants by the entirety

A

a) tenants in common
Under tenancy in common, when a co-tenant dies, the tenant’s undivided interest passes according to the will. In this case, either the deceased owner died intestate and the state law of decent gave her interest to her heirs, or she willed her undivided interest in the property to her heirs. In a joint tenancy, if one of the women died, the other would enjoy the right of survivorship and own the property in severalty. If the two original owners had formed a corporation to own the property, the death of one would not affect title to the property, which would belong to the corporation. Only married couples are allowed to own property as tenants by the entirety, and the question did not state the woman were married.

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134
Q

In the cost approach, an appraiser uses which of the following?

a) the property’s assessed value as used for tax purposes
b) the owner’s original cost of construction
c) an estimate of the building’s replacement cost
d) sales prices of similar properties

A

c) an estimate of the building’s replacement cost
The building’s replacement cost is an essential component of the cost approach, along with depreciation and land value. The owner’s original cost of construction is not considered in the cost approach. The sales prices of similar properties are considered in the sales comparison approach. The property’s assessed value is not used to determine its fair market value.

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135
Q

If a property sold at a mortgage foreclosure does NOT bring an amount sufficient to satisfy the outstanding mortgage debt, the mortgagor may be responsible for

a) punitive damages
b) liquidated damages
c) a default judgment
d) a deficiency judgment

A

d) a deficiency judgment
A deficiency judgment entitles the mortgagee to a personal judgment against the borrower for the unpaid balance when a foreclosure sale does not produce enough cash to pay the loan balance in full after deducting expenses and accrued unpaid interest. It may also be obtained against any endorsers or guarantors of the note and against any owners of the mortgaged property who assumed the debt by written agreement. The mortgagee is not entitled to any damages. A default judgment is a judgment in favor of a plaintiff when a defendant does not appear in court.

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136
Q

A property manager showed a prospective tenant with three children under five a two-bedroom apartment. All of the following could be a consideration in qualifying the potential tenant EXCEPT

a) credit history and criminal background
b) past lease performance as reported by previous landlords
c) the number of children
d) personal references

A

c) the number of children
Three children under five in a two-bedroom apartment would not be considered unless local zoning ordinances state differently. Typically under fair housing law, children less than two years of age are not counted as occupants. Standard leasing practice is to fully check the tenant’s background, past lease history, and work and personal references.

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137
Q

A mechanic’s lien would be properly classified as

a) a general lien
b) a voluntary lien
c) a specific lien
d) an equitable lien

A

c) a specific lien
A mechanic’s lien is a specific lien, as it affects a specific property and only that particular property. It is an involuntary lien placed on a property without the owner’s consent. A general lien is the right of a creditor to have all of an owner’s property—real and personal—sold to satisfy a debt. An equitable lien arises out of a written contract that shows the intention of the parties to charge a particular property as a security for a debt or obligation.

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138
Q

A real estate loan payable in periodic installments that are sufficient to pay the principal in full during the term of the loan is

a) a fully amortized loan
b) an interest-only loan
c) a straight loan
d) a partially amortized loan

A

a) a fully amortized loan
The payment in an amortized loan partially pays off both principal and interest. The mortgagor pays a constant amount, usually monthly. At the end of the term, the full amount of the principal and interest due is reduced to zero. In a straight loan and interest-only loans, the borrower makes periodic payments of interest only, followed by a lump sum balloon payment of full principal balance at the end of the loan term. In a partially amortized loan, the periodic payments are not enough to pay the principal balance, so a final payment (a balloon payment) is larger than the other payments to satisfy the debt.

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139
Q

A listing taken by a real estate salesperson is technically an employment contract between the seller and

a) the salesperson
b) the brokerage firm
c) the salesperson and principal broker together
d) the local multiple listing service

A

b) the brokerage firm
Only a principal or employing broker for the brokerage firm may enter into brokerage agreements. The broker’s salespeople have authority only to assist in negotiating the agreements. The salesperson is merely the subagent of the broker, but only the broker is the agent of the client and a party to the representation agreement. The salesperson is not a party to it.

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140
Q

A woman tells her neighbor, a real estate broker, that she is thinking about selling her home. The broker contacts several prospective buyers to whom she has shown her firm’s listings in the past month. One of the buyers makes an attractive offer on the woman’s home without even seeing the property. The broker goes to the woman’s house and presents the offer, which the homeowner accepts. What is the agency relationship between the homeowner and the broker?

a) general agency
b) universal agency
c) implied agency
d) express agency

A

c) implied agency
The homeowner and the broker did not have an oral or written agency contract, but the broker’s actions implied to prospective buyers that the broker was acting as the homeowner’s agent. Express agency occurs when two parties enter into an oral or written formal agency agreement. Universal agency empowers the agent to do anything the principal could do personally, such as authorized by a power of attorney. General agency allows the agent to act for the principal in a wide range of matters, as authorized, for example, in a property management contract

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141
Q

All of the following would be considered when developing a marketing plan by the property manager EXCEPT

a) availability of employees
b) location of the property and its amenities
c) local economic conditions
d) current rent trends in the property market

A

a) availability of employees.

The marketing plan does not consider the hiring or availability of employees

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142
Q

An option

a) gives the optionee an easement on the property
b) binds the optionor for a specified time
c) makes the seller liable for a commission
d) requires the optionee to complete the purchase

A

b) binds the optionor for a specified time
An option obligates an owner (the optionor) to sell at a fixed price within a certain period of time but does not obligate the optionee (the proposed buyer) to exercise the option. The option gives the optionee no rights to the property and does not require the optionee to complete the purchase. The seller is only liable for a commission to a broker when the option is exercised—that is, when the buyer actually purchases the property from the seller.

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143
Q

A listing contract in which payment of the commission is contingent on the broker’s being able to produce a buyer before the property is sold by the owner or another broker is called

a) an exclusive right-to-sell listing
b) a net listing
c) an open listing
d) an exclusive agency listing

A

c) an open listing
In an open listing, the seller retains the right to employ any number of brokers to sell the property. The brokers can act simultaneously, and the seller is obligated to pay a commission only to that broker who successfully procures a ready, willing, and able buyer. A net listing clause would permit a broker to receive as commission all excess monies over and above the minimum sales price agreed to in the listing agreement. Net listings are not only discouraged, but illegal in many states. In an exclusive right-to-sell listing, if the property is sold while the listing is in effect, the seller must pay the broker a commission regardless of who sells the property. An exclusive agency listing provides that the brokerage firm and co-op broker will be paid unless the seller sells the property on her own.

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144
Q

A property owner conveys the ownership of his house to his mother and stipulates that on her death ownership will return to him. The interest the owner has in the property is

a) a homestead estate
b) a reversionary interst
c) a remainder interest
d) a qualified fee estate

A

b) a reversionary interest
Until the mother dies, the son holds a reversionary interest. Upon death of the life tenant—the mother—the holder of the reversionary interest will return to having a fee simple absolute estate. A qualified fee estate is held as long as the owner maintains the deed condition. A homestead is protection for a primary property against certain creditors. A remainder interest belongs to a person named as a remainderman, the person—other than the creator of the estate—to whom the life estate will pass when the estate ends.

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145
Q

A seller tells a listing broker his home is serviced by a city water system for both water and sewer services and indicates city water service on the property disclosure form. The broker suspects there is no city water to the home because it is in a rural area, but she relies on the seller’s statement and says nothing concerning the water system to a buyer. The buyer discovers after the purchase that the home has no city water service. In this case, the broker

a) may file a complaint against the seller with the state real estate commission
b) may be liable for misrepresentation since she should have known about the lack of city water services
c) is not liable for misrepresentation since the seller did not disclose the lack of city water services
d) may file suite against the seller for not disclosing the lack of city water services

A

b) may be liable for misrepresentation since she should have known about the lack of city water services
The listing broker may be liable since she should have confirmed whether or not the house had city water service. Real estate professionals may, for the most part, rely on the statements of buyers and sellers unless they have reason to believe the statements are not truthful. A real estate commission only investigates complaints against real estate licensees. A court may find the seller liable for misrepresentation.

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146
Q

A property was purchased for $175,000. If the loan was $131,250, what was the loan-to-value ratio?

A

d) 75%

$131,250 / $175,000 = 75% (0.75)

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147
Q

A salesperson who has a seller complete a property disclosure form and who provides the form to a buyer in a timely manner is protecting the liability of

a) the lender
b) the home inspector
c) the brokerage
d) the buyer

A

c) the brokerage
The principal broker and the salesperson are responsible for properly disclosing any defects in the property to the buyer. By providing the disclosure form in a timely manner, the salesperson is protecting the liability of his broker.

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148
Q

Upon purchasing a small apartment complex, the owner had the in-ground swimming pool filled in with concrete. This action is an example of

a) managing the risk
b) controlling the risk
c) avoiding the risk
d) transferring the risk

A

c) avoiding the risk
Filling in a swimming pool is an example of avoiding the risk. Managing or controlling the risk would be hiring lifeguards or increasing the property’s liabilities insurance. Transferring the risk would happen if the owner could transfer all risk and liability to another party.

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149
Q

A seller tells a listing broker his home is serviced by a city water system for both water and sewer services and indicates city water service on the property disclosure form. The broker suspects there is no city water to the home because it is in a rural area, but she relies on the seller’s statement and says nothing concerning the water system to a buyer. The buyer discovers after the purchase that the home has no city water service. In this case, the broker

a) may file a complaint against the seller with the state real estate commission
b) may be liable for misrepresentation since she should have known about the lack of city water services
c) is not liable for misrepresentation since the seller did not disclose the lack of city water services
d) may file suit against the seller for not disclosing the lack of city water services

A

b) may be liable for misrepresentation since she should have known about the lack of city water services
The listing broker may be liable since she should have confirmed whether or not the house had city water service. Real estate professionals may, for the most part, rely on the statements of buyers and sellers unless they have reason to believe the statements are not truthful. A real estate commission only investigates complaints against real estate licensees. A court may find the seller liable for misrepresentation.

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150
Q

A property was purchased for $175,000. If the loan was $131,250, what was the loan-to-value ratio?

A

75%

$131,250 / $175,000 = .075 (75%)

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151
Q

A salesperson who has a seller complete a property disclosure form and who provides the form to a buyer in a timely manner is protecting the liability of

a) the lender
b) the home inspector
c) the brokerage
d) the buyer

A

c) the brokerage
The principal broker and the salesperson are responsible for properly disclosing any defects in the property to the buyer. By providing the disclosure form in a timely manner, the salesperson is protecting the liability of his broker.

152
Q

Upon purchasing a small apartment complex, the owner had the in-ground swimming pool filled in with concrete. This action is an example of

a) managing the risk
b) controlling the risk
c) avoiding the risk
d) transferring the risk

A

c) avoiding the risk
Filling in a swimming pool is an example of avoiding the risk. Managing or controlling the risk would be hiring lifeguards or increasing the property’s liabilities insurance. Transferring the risk would happen if the owner could transfer all risk and liability to another party.

153
Q

A tenant leases a heated apartment, but the landlord fails to provide heat because of a defective central heating plant. The tenant vacates the premises and refuses to pay any rent. The tenant’s action is an example of

a) abandonment
b) actual eviction
c) lessor negligence
d) constructive eviction

A

d) constructive eviction
When a landlord fails to maintain a property according to the lease agreement, a tenant may abandon the property. This action is known as constructive eviction. Constructive eviction terminates the lease when the landlord breaches any clause of the lease agreement. The tenant must prove that the premises have become unusable because of the conscious neglect of the landlord. Actual eviction is a legal process in which a landlord takes over possession of a property when a tenant breaches a lease.

154
Q

Which of the following criteria is the MOST important for a property manager to use to qualify and screen a potential tenant?

a) the special needs of the potential tenant and commission earned
b) the space requirements and financial history
c) the parking needs of the potential tenant and the number of disabled customers
d) the projected moving dates and number of children

A

b) the space requirements and financial history
When qualifying a potential tenant, a property manager must consider many factors. The space requirements and financial history are the most important criteria. Asking the number of children may have fair housing implications.

155
Q

When the tenant breaches the lease, it gives the landlord the right to proceed with

a) actual eviction by filing a suit for possession
b) actual eviction by filing a suit for specific performance.
c) constructive eviction by filing a suit for specific performance.
d) constructive eviction by filing a suit for possession.

A

a) actual eviction by filing a suit for possession
If the tenant breaches the lease, the landlord would start eviction procedures known as actual or judicial eviction. Specific performance would be part of a purchase contract as a remedy for default of the seller or buyer. Constructive eviction occurs when the landlord is in default and allows the tenant to break the lease and move.

156
Q

An example of functional obsolescence is

a) a five-bedroom home with one bathroom
b) a decrease in the area’s population
c) an unattractive curb appeal
d) chipping paint and other deferred maintenance

A

a) five bedroom home with one bathroom
Obsolescence is a loss of value. Functional obsolescence results from outmoded or unacceptable physical features in a property. A five-bedroom home with only one bath is an example of functional obsolescence. Chipping paint and other deferred maintenance are examples of physical deterioration, which may be repaired or cured by repainting or other maintenance. Unattractive curb appeal and a decrease in the area’s population are examples of external obsolescence—items which will not be easily cured by spending more on the property itself

157
Q

A property manager is hired to manage a property while the owner is overseas for two years. The property manager is

a) a general agent
b) a universal agent
c) a special agent
d) an attorney-in-fact

A

a) a general agent
A general agent may represent a principal in a broad range of matters related to a particular business or activity. A property manager is usually considered a general agent. A special agent may represent a principal in one specific act or business transaction under detailed instructions, such as when an agent represents a seller under a listing agreement. A universal agent is a person empowered through a general power of attorney to do anything the principal could do personally. The power of attorney makes the agent an attorney-in-fact.

158
Q

A joint tenancy with right of survivorship is created

a) by presumption if another form of ownership is not described
b) automatically if the property is distributed to the surviving children
c) automatically if a deed is signed by both parites
d) : by a deed or will

A

d) by a deed or will
Joint tenancy, like all ownership, is not implied by law or through any action. All tenancy is created when the deed in conveyed to the grantee. To create joint tenancy, the deed must specifically identify the parties as joint tenants. When a deed does not indicate the form of tenancy and two or more people acquire title to property, the new owners are presumed to be tenants in common. Joint tenancy is the right to survivorship, so when an owner dies, the interest transfers directly to the surviving co-tenants, not heirs. Signature by spouses does not create joint tenancy.

159
Q

The term depreciation refers to

a) the capitalized value of lost rental income
b) the costs incurred to renovate or modernize a building
c) the value of real estate after the expiration of its useful life
d) the loss of value in real estate from any cause

A

d) the loss of value in real estate from any cause
The term depreciation refers to the loss of value in real estate from any cause, either on or off the property, or a combination of the two.

160
Q

A seller agrees to sell a house to a buyer for $100,000. The buyer is unable to qualify for a mortgage loan for this amount, so the seller and buyer enter into a contract for deed. The legal interest the buyer has in the property under a contract for deed is

a) bare title
b) equitable title
c) legal title
d) joint title

A

b) equitable title
The buyer in a contract for deed holds equitable title to the property. Equitable title gives the borrower the rights of possession and use of the property, while the seller retains the legal title during the contract term. If the buyer defaults, the seller can evict the buyer and keep any money the buyer has already paid, which is considered rent.

161
Q

The buyers secured an $82,000 loan at 9.25% interest for 30 years. Their monthly payment is $674.59. How much of their first payment will be applied to the principal balance?

A

$42.51
$82,000 x 9.25% (0.0925) = $7,585 annual interest
$7,585 / 12 = $632.08 Monthly Interest
$674.59 (monthly payment) - $632.08 = $42.51

162
Q

The buyer had a 20% down payment on a property she purchased for $89,500. She also must pay a 1% origination fee, $350 for title insurance, and one discount point. How much money will the buyer owe at the closing?

A

$19,685
Loan amount: $89,500 x 80% (0.80) = $71,600
Determine the down payment: $89,500 - $71,600 = $17,900
Determine the Discount Point: $71,600 x 1 % (.01) = $716
Origination Fee: $716
$17,900 + $716 + $716 + $350 = $19,682

163
Q

A couple accompanies a property inspector during an inspection of a house on which they have a contract. The inspector points to a six-inch crack at the corner of a dining room window. The crack is an example of

a) a environmental defect
b) a structural defect
c) a patent defect
d) a latent defect

A

c) a patent defect
A patent defect is easily visible when inspecting a property. A latent defect is a hidden defect that is not easily visible during an inspection and may be known to a seller but not disclosed to an agent or buyer. A small crack at a window is usually not a structural defect in a property and does not indicate an environmental danger.

164
Q

How many acres are in a parcel described as the NW¼ of the SE¼ and the S½ of the SW¼ of the NE¼ of Section 4?

A

60 acres
To calculate acres in a survey system legal description, multiply all the denominators and divide that number into 640 acres
1/4 and 1/4; 4 x 4 = 16; 640 / 16 = 40 acres
1/2 and 1/4 and 1/4; 2 x 4 x 4 = 32; 640 / 32 = 20
40 + 20 = 60 acres

165
Q

A homeowner sold his property for $99,500. He paid a real estate commission of 6%, paid an attorney $250, paid a transfer tax of $99.50, paid his existing mortgage of $50,140, and agreed to a purchase money mortgage of $10,000. What were his net proceeds at the closing?

A

$33,040.50
$99,500 x 6% (0.06) = $33,040.50 commission
Debits: $5,970 + $250 (attorney fees) + $99.50 (transfer tax) + $50,140 (existing mortgage) + $10,000 money mortgage) = $66,459.50
Credits: $99,500 (selling price)
$99,500 - $ 66,500 = $33,040.50

166
Q

What can brokers do to protect themselves from business-threatening lawsuits from unhappy buyers?

a) maintain a good relationship with the grievance committee of the local licensee association
b) ensure that buyers have purchased hazard insurance
c) carry a surety bond for at least $1,000,000
d) carry errors and omissions (E&O) insurnace

A

d) carry errors and omissions (E&O) insurance
The primary purpose of E&O insurance is protection against catastrophic, business-threatening lawsuits, not to supplement income or to help buyers pay for problems they encounter after closing. A surety company assumes liability for nonperformance when it issues a surety bond, which is not an issue in this situation.

167
Q

All of the following are characteristics of value EXCEPT

a) obsolescence
b) scarcity
c) utility
d) transferability

A

a) obsolescence
To have value, a property must have monetary worth based on the desirability of the property. Obsolescence is not a desirable trait and, therefore, takes away from the desirability of the property and the demand for the property. Demand, transferability, scarcity, and utility are all characteristics of a property’s value (remembered by the acronym DUST). Demand is the need or desire for ownership supported by the financial means to satisfy the need. Transferability refers to the relative ease with which ownership rights are transferred from one owner to another. Scarcity means that there is a limited supply of property. Utility refers to the property’s usefulness for its intended purposes.

168
Q

Rising mortgage rates are an example of

a) incurable depreciation
b) curable depreciation
c) functional obsolescence
d) external obsolescence

A

d) external obsolescence
Factors outside the property boundary lines that affect a property’s value are examples of external obsolescence. Rising mortgage interest rates is an example of external obsolescence. Functional obsolescence occurs when a property has outmoded—or has physical or design features no longer considered desirable by purchasers. Physical deterioration of a property may be curable or incurable; a curable item is economically feasible and would result in value equal to or exceeding the cost of repairs. An item is incurable if its correction would not be economically feasible or create a comparable value to the building.

169
Q

A property owner individually signed a 90-day listing contract with a brokerage. The owner was killed in an accident before the listing expired. Now the listing is

a) binding only if the broker can produce offers to purchase the property
b) binding on the owner’s spouse for the remainder of the 90 days
c) terminated automatically because of the death of the principle
d) still in effect, as the owner’s intention was clearly defined

A

c) terminated automatically because of the death of the principal
A listing contract may be terminated if either party dies or becomes incapacitated. Neither the dead owner’s intention nor the 90-day listing period keeps the listing in effect.

170
Q

In the income approach, all of the following are considered when calculating net operating income EXCEPT

a) utilities
b) debt service
c) real estate taxes
d) management fees

A
b) debt service
Debt service (mortgage payments of principal and interest) is not included in calculating net operating income. Management fees, real estate taxes, cost of utilities, insurance, and other costs to maintain the property are all considered in determining a property's operating expenses.
171
Q

Because a couple no longer needs their large house, they decide to sell it and move into a cooperative apartment building. In a cooperative, they will

a) have fee simple title to unit
b) become shareholders in a corporation
c) receive a 20-year lease to their apartment
d) own and finance their individual apartment

A

b) become shareholders of a corporation
In a cooperative, a corporation holds title to the land and building and offers shares of stock to inhabitants of the cooperative’s units. Owners in a cooperative occupy their units through proprietary leases, and their interests are treated as personal property. If the couple were to move to a condominium complex, they would own and finance their individual unit. Condominium ownership provides fee simple title to each individual unit, while a cooperative is ownership in the corporation, which owns the property.

172
Q

The market value of a property is $65,000 and is assessed for 45% of its value. If the owner’s semiannual tax bill was $511.88, what was the tax rate per $100

A

$3.50
$65,000 (value) x 45% (0.45) = $29,250 Assessed value
$511.88 (semiannual tax bill) x 2 = $1,023.75 annual taxes
$1,023.75 / $29,250 = .035
.035 x $100 (tax rate) = $3.50

173
Q

When the state or local government restricts the amount of rent a landlord can charge, it is called

a) rent service
b) rent control
c) subsidy rent
d) economic rent

A

b) rent control

Rent control is established by state or local governments to restrict the rent that can be charged.

174
Q

An owner sold his 20-unit apartment building. Which of the following statements would be TRUE in regards to the sale?

a) the new owner can immediately raise the rent
b) the tenants will get a month of free rent
c) the existing lease agreements must be honored by the new owner
d) the seller would keep all of the security deposits

A

c) the existing lease agreements must be honored by the new owner
The security deposits would transfer to the new owner since the funds belong to the tenants. The terms of the leases would have to be followed, and there is no free rent when ownership changes.

175
Q

The purchase of errors and omissions (E&O) insurance is useful to

a) minimize the possibility of liability in a real estate transaction
b) meet state licensing requirements
c) avoid having to put everything in writing
d) reassure clients that the licensee is competent

A

a) minimize the possibility of liability in a real estate transaction
The purpose of E&O insurance is to minimize exposure to liability in the event the broker is facing a catastrophic, business-threatening lawsuit.

176
Q

Which approach to value would require the value of the land to be calculated separately from the value of the improvements?

a) income approach
b) none of the approaches
c) sales comparison approach
d) cost approach

A

d) cost approach
The cost approach requires a separate estimated value for the land. Estimated replacement or reproduction cost less accrued depreciation plus estimated land value equals the estimated value by the cost approach. Neither the income approach nor the sales comparison approach calculates the value of land separately from the value of a property’s improvements.

177
Q

The principal difference between an estate for years and an estate from period to period is that

a) an estate from period to period has no expiration date
b) an estate from period to period must be in writing
c) an estate for years is a life estate
d) an estate for years cannot be terminated

A

a) an estate from period to period has no expiration date
An estate from period to period, or periodic tenancy, does not have a specific expiration date, as it automatically renews until notice is given by the tenant or landlord. An estate (tenancy) for years has specific beginning and ending dates. Neither estate is a life estate. Each can be terminated. Both an estate for years and an estate from period to period must be in writing to be enforceable.

178
Q

Good faith as applied to agency is BEST defined as

a) using professional skills to support all parties in a transaction
b) following all lawful instructions of a principal
c) using honest and sincere intentions
d) putting the interest of a principal above those of an agent

A

c) using honest and sincere intentions
All parties to a contract are to use their best good-faith effort to fulfill the contract. Putting a principal’s interest above an agent’s is loyalty. Following lawful instructions of a principal is obedience, and using professional skills is considered to be skill and care for all consumers, including a principal.

179
Q

A lessee who pays some or all of the landlord’s property expenses has

a) a percentage lease
b) a sublease
c) a gross/fixed lease
d) a net lease

A

d) a net lease
With a net lease, the tenant pays a base rent plus certain costs in the operation of the property, such as utilities, property taxes, and assessments. The landlord may pay some property expenses. In a gross/fixed lease, the tenant pays basic rent, and the landlord pays the expenses of ownership. In a percentage lease, the tenant pays basic rent plus a percentage of gross sales and may pay some property expenses. A sublease is the leasing of premises by a tenant to a third party for part of the tenant’s remaining term.

180
Q

The sales comparison approach to value is MOST important when estimating the value of

a) an existing residence
b) an apartment building
c) a retail location
d) a hotel

A

a) an existing residence
The sales comparison approach arrives at an estimate of value by comparing the existing residence with recently sold comparable properties. This approach is normally considered the most reliable in appraising single-family homes to the large number of current sales. To find an estimate of value for an apartment building, retail location, or hotel, an appraiser would normally rely on the income approach to value for each of these income-producing properties.

181
Q

The ability of a community to attract income and business is known as the community’s

a) life cycle
b) zoning plan
c) market value
d) economic base

A

d) economic base
The economic base measures the ability of a community to attract business and income. Life cycle refers to the expected useful lifetime of equipment or property. Market value is the most probable price a property would bring in an arm’s-length transaction under normal conditions on the open market. A zoning plan determines the types of improvements permitted on specific properties in a community.

182
Q

The income approach to value would be MOST important in the appraisal of

a) a vacant residential lot
b) a shopping center
c) a residential condominium
d) a single-family residence

A

b) a shopping center
The income approach would be used to estimate the value of income-producing properties such as shopping centers and office buildings. The sales comparison approach or the cost approach may be used to determine the value of other types of properties.

183
Q

The buyer’s due diligence period is used to

a) determine if the zoning is correct
b) finalize and remove all contingencies
c) give the seller time to complete a property disclosure
d) verify the property will meet the buyer’s needs

A

d) verify the property will meet the buyer’s needs
Depending on what the contract terms are, the buyer may be using the due diligence period to remove contingencies and determine if the zoning is correct, all of which are incorporated in verifying the property meets the buyer’s needs. The seller’s property disclosure should be given to the buyer at time of acceptance of the offer.

184
Q

A municipality establishes development goals that are often used to control growth in its

a) master plan
b) restrictive covenants
c) building codes
d) environmental regulations

A

a) master plan
Local governments establish development goals by creating a master plan, which is also known as a comprehensive plan. Restrictive covenants are private limitations on the use of property established by a developer or owner and binding on future owners. Governments pass environmental regulations to help maintain clean air and water. Building codes are ordinances that specify construction standards that must be met when constructing or repairing buildings

185
Q

The lender who provides a real estate loan to a borrower is known as

a) the optionee
b) the optionor
c) the mortgagor
d) the mortgagee

A

d) the mortgaee
The lender is the mortgagee. The borrower who receives a loan and in return gives a note and mortgage to the lender is the mortgagor. An optionor is an owner who gives an optionee—a prospective purchaser or lessee—the right to buy or lease the owner’s property at a fixed price within a certain period of time.

186
Q

Which of the following does NOT create an agency relationship?

a) a property management contract
b) a listing contract
c) a payment of money or commissions
d) a buyer agency contract

A

c) a payment of money or commissions
The payment of money or commissions does not create an agency relationship. A written contract or actions of the parties create agency. In real estate, a listing contract, buyer agency contract, or property management contract creates an agency relationship between the broker and the principal to the contract.

187
Q

A couple offers to purchase a house for $120,000, including its draperies, with the offer to expire at noon on Saturday. The sellers reply in writing on Thursday accepting the $120,000 offer but excluding the draperies. On Friday, while the buyers consider this counteroffer, the sellers decide to accept the original offer, draperies included, and state that in writing. At this point, the buyers

a) must buy the house but may deduct the value of the draperies from the $120,000
b) are not bound to buy
c) must buy the house and are not entitled to the draperies
d) are legally bound to buy the house, although they have the right to insist that the draperies be includes

A

b) are not bound to buy
The sellers’ counteroffer is regarded in law as a new offer. They have rejected or terminated the buyers’ original offer by changing something in it and thereby releasing the buyers from the original offer. At this point, the sellers can keep both their draperies and their house, and the buyers are not bound by any agreement to buy the property.

188
Q

A real estate broker’s responsibility to keep the principal informed of all of the facts that could affect a transaction is the duty of

a) care
b) accounting
c) disclosure
d) obedience

A

c) disclosure
It is the real estate professional’s duty to keep the consumer informed of all facts or information that could affect a transaction. The broker also owes the principal care and accounting. The broker must act with reasonable care while acting on behalf of the consumer.

189
Q

General real estate property taxes are also known as

a) voluntary liens
b) special assessments
c) appropriation funds
d) ad valorem taxes

A

d) ad valorem taxes
General real estate property taxes are based on the value of the property being taxed and are known as ad valorem taxes. They are specific, involuntary liens. Special assessments are taxes levied on real estate to fund public improvements beneficial to the property. Real estate property taxes are not appropriation funds taken from local or state revenues. Real estate property taxes are specific, involuntary liens. Voluntary liens, such as mortgages, are placed on real property with the consent of the owner.

190
Q

A real estate broker lists her neighbor’s home for $212,000. Later that same day, a buyer in the community comes into her office and asks for information on houses for sale in the $180,000–$225,000 price range. The broker offers to represent the buyer as a buyer’s agent, but the newcomer refuses representation by her company at this time. Based on these facts, which of the following statements is TRUE?

a) both the neighbor and the buyer are the broker’s customers
b) the neighbor is the broker’s client, and the buyer is the broker’s customer
c) if the buyer later asks for buyer representation from the broker’s firm, the broker cannot offer buyer representation because of her listing contract with the neighbor
d) the real estate broker owes fiduciary duties to both her neighbor and the buyer

A

b) the neighbor is the broker’s client, and the buyer is the broker’s customer
The listing contract with the neighbor establishes an agency relationship with the neighbor, who becomes the client of the broker. Without representation, the buyer remains a customer of the broker—a nonrepresented consumer who is entitled to fairness and honesty. The broker owes fiduciary duties only to the neighbor, her client. The broker may offer buyer representation to the buyer at a later date if the broker’s company policy permits dual agency in a situation in which the buyer may want to purchase one of the company’s own listings.

191
Q

The listing broker and the buyer’s broker agree to split a 7% commission 50-50 on a $196,900 sale. The buyer’s brokerage firm gives its salesperson 35% of the commission. How much does the buyer’s salesperson earn from the sale?

A

$2,412.03
$196,900 (sale price) x .07 (7%) = $13,783 (total commission)
$13,783 / 2 = $6,891.50 (each broker’s commission)
$6,891.50 x .35 (35%) = $2,412.03 (salesperson’s commission)

192
Q

The buyers applied for a VA loan to purchase a property for $79,500. The property appraised at $79,000. They agreed to pay a 1% loan origination fee. How much did they pay in origination fees?

A

$790

$79,000 (100% loan) x 1% (.01) = $790

193
Q

The charge for the use of the lender’s money in a loan is

a) the equity
b) the rate of return
c) the interest
d) the prinicipal

A

c) the interest
Interest is the sum paid or accrued in return for the use of a lender’s money. Interest on a promissory note is usually due in arrears at the end of each payment period. The rate of return is the return on the investment in a property. An owner’s equity is the amount of money remaining once current liens, including the mortgage, are subtracted from the current value of the property. The principal is the balance owed on the original loan amount.

194
Q

How to calculate value?

A

NOI (Net operating income) / Capitalization rate = Value

195
Q

If a tenant moved out of a rented store building because access to the building was blocked as a result of the landlord’s negligence,

a) the landlord would have to provide a substitute space
b) the tenant would be entitled to recover damages from the landlord
c) the tenant would have no legal recourse against the landlord
d) the landlord would be liable for the rent until the expiration date of the lease

A

b) the tenant would be entitled to recover damages from the landlord
A tenant suffering financial losses (damages) because of the landlord’s negligence could enter an action against (sue) the landlord for those damages. A tenant has the right to sue and recover damages against the landlord when the landlord breaches a clause of the lease agreement or the premises become unusable for the purposes stated in the lease.

196
Q

A tenant’s tenancy for years will expire in two weeks. The tenant plans to move to a larger apartment across town when the current tenancy expires. In order to terminate this agreement, the tenant must

a) give the landlord immediate notice or the lease will automatically renew
b) do nothing because the agreement will terminate automatically at the end of the current term
c) sign a lease for the new apartment, which automatically terminate the existing lease
d) give the landlord one week’s prior notice or the lease will automatically renew

A

b) do nothing because the agreement will terminate automatically at the end of the current term
A tenant for a specified time period (one who holds a lease for years) does not have to give notice because the lease ends by contractual agreement. The landlord does not have to give the tenant notice in such a case. The tenant’s signing a lease for the new apartment does not affect the existing lease, which expires in two weeks.

197
Q

An owner wants to receive a net of $82,000 after selling her home. She has an existing mortgage of $32,500 and will have selling expenses of $444. If the broker is to receive a 7% commission, what is the lowest offer that she can accept for the property?

A
$123,595.70
$82,000 = X - $32,500 - $444 - 0.07X
$82,000 + $32,500 + $444 = 0.93X
$114,944 = 0.93X
$114,944 / 0.93 = X
X = $123,595.70
198
Q

Which of the following does NOT create an agency relationship?

a) a listing contract
b) a property management contract
c) a payment of money or commissions
d) a buyer agency contract

A

c) a payment of money or commissions
The payment of money or commissions does not create an agency relationship. A written contract or actions of the parties create agency. In real estate, a listing contract, buyer agency contract, or property management contract creates an agency relationship between the broker and the principal to the contract.

199
Q

A property has an appraised value of $400,000, secured by a $360,000 loan. What is the loan-to-value ratio (LTV)?

A

90%

$360,000 / $400,000 = .90 (90%)

200
Q

How to find LTV

A

Amount of the loan / appraised value of the property

201
Q

When appraising a commercial property, the appraiser is MOST concerned with

a) the accrued depreciation on the property
b) the total debt service on the property
c) the income generated by the property
d) the sales price of comparable properties

A

c) the income generated by the property
The appraiser is most concerned with the income generated by the property in estimating the value of the property. Accrued depreciation is a factor used in the cost approach. The sales prices of comparable properties are used in the sales comparison approach, but finding comparable properties for commercial properties is often difficult. Debt service (mortgage payments) is not considered an operating expense deducted from annual operating expenses to determine the net operating income of a commercial property.

202
Q

If a house sells for $80,000 and the buyer obtains a loan for $72,000, how much money will the buyer pay at closing for points if the lender charges three discount points?

A

$2,160
$72,000 (loan amount) x .01 (1%) = $720
$720 x 3 (3 discount points) = $2,160

203
Q

Property managers may not commingle funds. This means property managers should

a) place a security deposit check into the management’s trust account
b) pay themselves from the company’s operations account
c) pay a vendor from the company rental account
d) place a security deposit check into the owner’s business account

A

a) place a security deposit check into the management’s trust account
All security deposits should be placed in trust accounts. Property managers typically use the rental account to pay property bills, including the management commission, which are then moved to the management operations account. Property managers may only be paid from the operations account, never the trust account. A security deposit check would never be placed in an owner’s business account.

204
Q

All of the following are typically found in a listing contract EXCEPT

a) the commission rate to be paid to the listing broker
b) the price the seller is asking for the property
c) the responsibilities of the broker and seller
d) the date the broker will schedule an open house

A

d) the date the broker will schedule an open house
All listing and buyer representation contracts tend to require similar information: type of listing agreement, broker’s authority and responsibilities, names of all parties to the contract, brokerage firm, list price, real and personal property, description of property, commission, termination of the contract, et cetera. They are not required to provide the dates of open houses.

205
Q

A savings and loan agreed to make a $65,000 mortgage at 8% interest for 30 years and charged three points to negotiate the loan. What was the effective yield to the lender?

A

8.38%

206
Q

What is the lender yield per point?

A

1.25% (.125)

207
Q

The income approach as used by an appraiser makes use of which of the following?

a) capitalization
b) equalization
c) depreciation
d) appreciation

A

a) capitalization
Capitalization is a method of estimating today the future value of an income stream. Depreciation is the loss of value for any reason. Appreciation is an increase in value. Equalization is used by tax assessors and is a process of adjusting the assessed rate in a taxing district to achieve more conformity with other tax districts.

208
Q

Which law requires any advertisement that references mortgage financing terms to contain certain disclosures?

a) Real Estate Settlement Procedures Act
b) Truth in Lending Act
c) Fair Housing Act
d) Equal Credit Opportunity

A

b) Truth in Lending Act
The Truth in Lending Act requires that trigger terms about mortgage financing in any kind of advertising must also include additional disclosures. The Fair Housing Act prohibits discrimination against protected classes in residential real estate advertising and practice. The Real Estate Settlement Procedures Act deals with closings and settlement and does not apply to advertisement. The Equal Credit Opportunity Act prohibits lenders and others who grant or arrange credit to consumers from discriminating against protected credit applicants.

209
Q

Carbon monoxide (CO) is NOT

a) quickly absorbed in the body
b) a natural result of combustion
c) easy to detect by smell
d) a result of incomplete combustion

A

c) easy to detect by smell
CO is difficult for the human nose to detect because it is odorless and colorless. Many states now required CO detectors be installed in residential property. CO is a natural result of incomplete combustion when burning wood, oil, or natural gas. CO can be quickly absorbed by the body, causing lack of oxygen and resulting in dizziness, nausea, and even death.

210
Q

The four unities of possession, interest, time, and title are associated with which of the following?

a) tenants in common
b) community property
c) joint tenancy
d) severalty ownership

A

c) joint tenancy
A joint tenancy can only be created by an intentional act and requires the four unities—equal possession, interest, and title, which must all occur at the same time (PITT)—to be present. Severalty ownership is the sole possession of a property by one owner without a need for any unity of interests with other parties. Tenants in common have undivided fractional interests in a property, and their fractional interests may be different. Community property is one of the ways married couples may own property together.

211
Q

The authority of the landlord to carry out the eviction of a delinquent tenant from rented property comes from

a) the landlord
b) the sheriff
c) the court
d) the lease terms

A

c) the court
Actual or judicial eviction gives the landlord the right to regain possession through a legal process when a tenant breaches a lease or improperly retains leased premises. The court will issue a judgment for possession to the landlord. The landlord must seek an order of eviction from a court. A sheriff or another law enforcement officer may be called upon to force the tenant from the premises as ordered by the court. The landlord must follow the state eviction law and may not write automatic eviction into a lease.

212
Q

MOST states require that listing and buyer representation contracts contain

a) multiple listing service (MLS) clause
b) a definite contract termination date
c) a broker protection clause
d) an automatic extension clause

A

b) a definite contract termination date
If brokers fail to specify a specific listing contract termination date in a listing, they may be subject to suspension or revocation of their real estate license in many states. In some states, automatic extension clauses that extend a listing past its expiration date are illegal. A listing may contain a broker protection clause which provides that within a specified period of time, a property owner will pay the listing broker a commission if the owner transfers the property to someone the broker originally introduced to the seller. Many listing and buyer representation contracts do contain a multiple listing clause permitting the broker to share the listing with other brokers through the MLS, but states do not usually require such a clause. These same requirements hold true for buyer representation contracts

213
Q

A tenant who rents an apartment from the owner of the property holds

a) leasehold interest
b) a license
c) a freehold interest
d) an easement

A

a) leasehold interest
A leasehold interest is an estate of possession with limited duration. A person renting an apartment holds a leasehold interest. A license is a personal right that can be revoked and is not considered an interest in property. A freehold interest, unlike a leasehold interest, is ownership for an indeterminate period of time. An easement is the right to use the land of another person for a particular purpose, but it does not give the holder any ownership interest in the land.

214
Q

An appraiser using the gross rent multiplier (GRM) would consider which of following?

a) market value and potential rent income
b) capitalization and net operating icnome
c) rental income and market price
d) market price of comparable and adjustments to the subject

A

c) rental income and market price
The GRM times the rental income will determine the property’s market value or anticipated sales price. Comparable and adjustments are used in the sales comparison approach. Market value is what the GRM is determining, not market price, which is the actual sale price. Capitalization and net operating income are used in the income approach.

215
Q

Equation to determine a property’s market value or anticipated sales price

A

GRM x rental income = property’s market value or anticipated sales price

216
Q

The following ad appeared in the newspaper: “For sale: 4 BR brick home; Redwood School District; excellent Elm Street location; short walk to St. John’s Church and right on the bus line. Move-in condition; priced to sell.” Which statement is TRUE?

a) the ad should state that the property is available to families with children
b) the ad should not mention St. John’s church
c) the ad describes the property for sale and is very appropriate
d) the fair housing laws do not apply to newspaper advertisting

A
b) the ad should not mention St. John's church
Reference to a nearby church implies religious preference and violates HUD advertising regulations designed to enforce the federal Fair Housing Act. The ad does not have to state that the property is available to families with children or to any protected class as long as the ad does not appear to discriminate against a particular protected class.
217
Q

It is illegal for a lending institution to refuse to make a residential real estate loan in a particular area only because of

a) the physical location of the property
b) the questionable economic situation of the applicant
c) the applicant’s immigration status
d) the deteriorated condition of the premises

A

a) the physical location of the property
Refusing to make a residential loan in a particular area is known as redlining, literally drawing a line around particular areas and refusing to make loans in those areas. Redlining is considered a form of discrimination. Asking applicants for citizenship documentation or immigration status does not violate the Fair Housing Act. A lending institution may refuse to make a residential real estate loan based on the economic situation of an applicant or the condition of the property itself.

218
Q

A homeowner purchased his home for $80,000 and later sold it for $10,000 more than he paid for it. What percentage of profit did he realize when he sold it?

A

12.5%
$80,000 (original purchase price) + $10,000 = $90,000 (total sales price)
$90,000 / $80,000 = 112.5%
112.5% - 100% = 12.5%
$10,000 (increase from original price) / $80,000 = 12.5%

219
Q

The main difference between a purchase money mortgage and a contract for deed is

a) when the buyer takes possession
b) the type of payment being made
c) how tittle is held
d) the type of deed used to convey title

A

c) how title is held
In a purchase money mortgage, the seller conveys title to the buyer at closing; then the seller is the lender on the mortgage. In a contract for deed, the seller does not convey title until the final payment. The buyer takes possession in both loan types and the deed type makes no difference.

220
Q

An offer was made for 90% of the $120,900 list price of a property. The offer was accepted, and the lender agreed to negotiate an 80% loan at 8% interest for 30 years. The buyer had a $5,000 earnest money deposit, paid $350 for title expenses, $250 for attorney fees, and had other expenses of $749. How much money does the buyer need to close on the property?

A

$18,111
$120,900 (list price) x 90% (0.90) = $108,810 purchase price
$108,810 x 80% LTV = $87,048 Loan amount
Debits: $108,810 Purchase price + $350 title expense = $110,159
Credits: $87,048 (mortgage) + $5,000 (earnest money) + $250 (attorney fees) + $749 (other expenses) = $92,048
$110,159 - $92,048 = $18,111

221
Q

Is title expense considered a debit or credit?

A

Debit

222
Q

To determine the kinds of land uses and the amounts of land for each use in a subdivision, a developer must consider

a) what the developer considers an ideal development
b) the master plan of the local government
c) the customs of the area and what other developers have already constructed
d) which buildings will provide the most profit for the developer

A

b) the master plan of the local government
A master plan (or comprehensive plan) created by a local government usually covers land use, housing needs, community facilities, utilities, and energy conservation. Before the actual subdividing can begin, a developer must go through the process of land planning. The resulting land development plan must comply with the municipality’s master plan. While other considerations may be important to the developer, they must comply with the master plan.

223
Q

What is the BEST approach to avoid risk?

a) make disclosures orally, not in writing, so as to avoid a paper trail
b) ignore environmental hazards that are on the properyt
c) encourage buyers to consult professional experts to determine the condition of the property
d) help the seller prepare a seller’s property disclosure form

A

c) encourage buyers to consult professional experts to determine the condition of the property
Some risk-reduction recommendations include becoming familiar with local environmental hazards and what the law requires, conducting a careful visual inspection of the property, discussing any red flags with the seller and further investigating, having the seller complete a seller property disclosure form without the assistance of the licensee, and encouraging buyers to consult professional experts to determine the condition of the property.

224
Q

The KLM store leased a space in the mall with a percentage lease and agreed to pay $425 monthly fixed rent and 6% on all sales over $175,000. This year, the total rent paid was $9,321. What were the gross sales?

A

$245,350
$425 x 12 = $5,100 Fixed Rent
$9,321 - $5,100 = $4,221 percentage rent paid
$4,221 - 6% (.06) = $70,350 sales amount rent was paid on
$175,000 + $70,350 = $245,350

225
Q

The seller told the buyer that the property had no roof leaks. But when the buyer had the property inspected, a roofing contractor found leaks and said they had been leaking for months. The contract between the seller and the buyer is probably

a) void
b) voidable
c) valid
d) implied

A

b) voidable
Duress, fraud, misrepresentation, and minors always make contracts voidable. The seller either misrepresented the property or committed fraud, which means the contract is voidable by the buyer. The buyer may choose to move forward and continue the sale or terminate the contact. If the buyer terminates, the seller would have to return the earnest money.

226
Q

The system of legal description that defines a parcel of land by tracing its perimeter is known as

a) lot and block system
b) street address
c) rectangular survey
d) metes and bounds

A

d) metes and bounds
A metes-and-bounds description traces a parcel’s perimeter by starting at a point of beginning (POB) and always ending back at the POB so the described tract is completely enclosed. The rectangular survey system divides land into rectangles and describes those rectangles with principal meridians and base lines. The lot and block system uses lot and block numbers in a plat map to describe property and is often used in urban areas. A street address is not a legal description.

227
Q

In determining whether a prospective buyer can afford a mortgage, a lender will typically use percentages based upon the buyer’s gross monthly

a) income and most recent federal taxes
b) income, total housing expense, and debt expenses
c) income and projected housing expenses
d) income and debt expenses

A

b) income, total housing expense, and debt expenses
In addition to reviewing a borrower’s credit score, loan underwriters and automated underwriting programs use a formula allowing a maximum percentage of the buyer’s gross monthly income for the monthly cost of buying and maintaining a home (for example, 28%). That cost includes mortgage principal and interest, plus amounts for taxes and property insurance. In addition, the formula sets a maximum percentage of the buyer’s gross monthly income allowed for long-term debts such as car payments, credit cards, student loans, and other mortgages (for example, 36%).

228
Q

A property manager repairs a leaking sink. This is classified as which type of maintenance?

a) preventative
b) routine
c) corrective
d) new construction

A

c) corrective
Corrective maintenance is repairing problems. Preventive maintenance is inspecting and repairing, if needed, before a problem arises. Routine is maintenance such as changing furnace filters that is needed for continued operations. New construction would be starting new, not repairing a current problem.

229
Q

A new contract that transfers all rights and liabilities is

a) an assignment
b) a novation
c) a subordination
d) an option

A

b) a novation
In a novation, a new contract is used to replace the original contract. Subordination is used in recording to keep liens in place. An assignment is the transfer of contract duties but not liabilities. An option is a contract that exchanges a promise for performance.

230
Q

All of the following are typical duties and responsibilities of a property manager EXCEPT

a) investing profits generated by the property for the owner
b) collecting the rent from current tenants
c) supervising the remodeling of the property
d) showing the property to prospective tenants

A

a) investing profits generated by the property for the owner
The property manager does not invest the owner’s profit. Supervising maintenance and remodels, showing and selecting tenants, and collecting rent are all property manager duties.

231
Q

A woman owns one of 20 townhouses in a new development in fee simple, along with a 5% ownership share in the parking facilities, recreation center, and grounds. What type of property does she own?

a) land trust
b) time-share
c) condominium
d) cooperative

A

c) condominium
When a person owns a unit in fee simple and a percentage of the rest of the development in common with the other unit owners, he holds ownership to a condominium. In a cooperative, a person does not own in fee simple but holds a proprietary lease on a unit and shares of stock in the cooperative corporation. A time-share is a real property interest with the right to use the facilities for a specified period of time (usually a week). In a land trust, title to real estate is conveyed to a trustee, while a beneficiary retains management and control of the property.

232
Q

In a land contract, the buyer

a) is not responsible for the real estate taxes on the property
b) does not pay interest and principal
c) obtains legal title at closing
d) has possession during the term of the contract

A

d) has possession during the term of the contract
In a land (installment) contract, the buyer has possession of the property during the term of the contract. The buyer holds equitable title, while the seller holds legal title to the property. The buyer pays interest and principal on the loan, and in most cases, real estate taxes on the property during the term of the contract.

233
Q

The sales comparison approach to value is MOST important when estimating the value of

a) a retail location
b) an apartment building
c) an existing residence
d) a hotel

A

c) an existing residence
The sales comparison approach arrives at an estimate of value by comparing the existing residence with recently sold comparable properties. This approach is normally considered the most reliable in appraising single-family homes to the large number of current sales. To find an estimate of value for an apartment building, retail location, or hotel, an appraiser would normally rely on the income approach to value for each of these income-producing properties.

234
Q

A broker who represents a seller under an exclusive agency listing receives two offers for the property at the same time—one from one of his salespeople and one from the salesperson of a cooperating broker. What should the broker do?

a) submit both offers at the same time
b) submit the higher offer first
c) submit the offer from the other salesperson first
d) submit the offer from his salesperson first

A

a) submit both offers at the same time
An agent for the seller has a duty to disclose all offers, unless directed by the seller to not present an offer after one has been accepted. The broker may not prioritize offers made at the same time by salespeople from competing companies. The broker must submit both low and high offers on the property no matter when the offers are received.

235
Q

A contract entered into without duress, menace, misrepresentation, or fraud means that it meets the legal requirement of

a) full consent
b) meeting of the minds
c) proper legal form
d) valuable consideration

A

a) full consent

Full consent means a contract was entered into without duress, menace, misrepresentation, or fraud

236
Q

A prospective buyer looking to build on a vacant lot asks his salesperson if a septic tank could be built on the lot. The salesperson may suggest that the buyer conduct

a) a topography test
b) a septic soil test
c) a percolation test
d) a hydroponics test

A

c) a percolation test
A percolation test determines how quickly the ground will absorb water and would be conducted to determine if a septic tank could be installed on the lot. A septic tank can be installed only if the soil has the ability to absorb and drain water. Hydroponic refers to a method of growing plants in water rather than in soil and is not related to septic tank installation.

237
Q

Four friends decide to purchase an investment property as co-owners and take title as joint tenants. All of the following are true EXCEPT

a) the four friends will each receive a separate deed for their share
b) all four will acquire their interests at the same time
c) all four will have equal interests in the property
d) the four friends will enjoy will enjoy equal rights of possession of the property

A

a) the four friends will each receive a separate deed for their share
All concurrent ownership is created by one deed, which will establish either joint tenancy or tenants in common. Additionally, joint tenancy requires that four unities must be present: possession, interest, title, and time.

238
Q

An option to purchase binds which of the following parties?

a) neither buyer nor seller
b) both buyer and seller
c) seller only
d) buyer only

A

c) seller only
An option contract is a unilateral contract in which the seller agrees to sell the property at a set price in the future if the buyer decides to buy.

239
Q

Change, contribution, and substitution are some of the basic principles that affect what aspect of real estate?

a) depreciation
b) supply
c) value
d) demand

A

c) value
Change, contribution, and substitution all affect value—the most probable price a property will bring. Change relates to the reality that nothing is constant and variations in various aspects of a property will affect its value. Contribution means that the value of any part of property is measured by how it affects the value of the whole property. Substitution says that the maximum value of a property tends to be determined by how much it would cost to purchase an equally desirable substitute property. Depreciation is a loss of value for any reason. Under the principle of supply and demand, when supply increases, the value decreases and when demand increases, the value increases.

240
Q

A contract that conveys the right to quiet enjoyment and use of property but does NOT convey title is

a) a lease
b) a quitclaim deed
c) a dedication
d) a bill of sale

A

a) a lease
Lease contracts give a tenant the owner’s right of possession in exchange for rent. A bill of sale, deed, and dedication are not contracts.

241
Q

A broker was accused of violating antitrust laws. Of the following, he was MOST likely accused of

a) price fixing
b) not having an equal housing opportunity sign in her office window
c) undisclosed dual agencies
d) blockbusting in a community

A

a) price fixing
Antitrust laws prohibit competing brokers from setting a standard commission rate, a practice known as price-fixing. Practicing undisclosed dual agency would violate agency law. Not posting the required fair housing sign in her office violates fair housing law. Blockbusting is violating fair housing laws, not antitrust laws.

242
Q

The owner of a fourplex has an apartment available for rent. She would like for the new tenant to have no children since two of the units are rented to seniors and the other to a young single woman. Can she advertise the unit as adults only?

a) yes, because the fourplex is 80% occupied by people over 55
b) no, because only the owner of a duplex can discriminate against protected classes
c) no, because it would be discriminatory advertising
d) yes, because senior housing is protected by federal fair housing laws

A

c) no, because it would be discriminatory advertising
Senior housing requires at least 80% of the occupants be over 55 and the building be HUD certified as senior housing. The owner of the fourplex would not be allowed to discriminate against families with children.

243
Q

Last year, an apartment building had an effective gross income of $55,575 and expenses of $5,500. If the cap rate is 10%, what is the value?

A

$500,750
$55,575 - $5,500 = $50,075
$50,075 / .10 (10%) = $500,750

244
Q

A person with a physical disability has found an apartment that must be remodeled to accommodate her needs. All of the following are allowed by the landlord in this case EXCEPT

a) lease terms requiring the tenant to pay a larger security deposit to cover the costs of returning the unit to its original condition
b) lease terms requiring the tenant to return the property to its original condition
c) that the landlord can review the renovation plans and require qualified contractors to perform the work
d) lease terms stating the tenant will pay for all the renovations

A

a) lease terms requiring the tenant to pay a larger security deposit to cover the costs of returning the unit to its original condition
Federal fair housing laws prohibit discrimination against a disabled person. A landlord may not require a larger security deposit from a disabled tenant. Disabled people have the right to reasonably modify the space at their expense. The landlord has the right to approve the modifications and may insist that the changes be made by qualified contractors. The landlord may also require the tenant to place money in an escrow account to restore the space to its original condition when the tenant moves out. Putting all the terms into writing will protect all parties.

245
Q

The lender negotiated a $55,000 loan and charged three discount points. What was the cash outflow of the lender?

A

$53,350
$55,000 x 0.10 = $550
$550 x 3 = $1,650
$55,000 - $1,650 = $53,350

246
Q

Salespeople working as an employee for a principal broker can be required to

a) work specific hours each day as assigned by the broker
b) advertise properties only in their name
c) deposit all earnest money into their personal escrow account
d) decline to have their federal income tax withheld by the broker

A

a) work specific hours each day as assigned by the broker
A broker who hires a salesperson as an employee may expect the salesperson to follow rules governing such activities as working hours, office hours, and attendance at meetings. A broker is required to withhold federal income taxes and Social Security taxes from the payroll of any employee. A salesperson hired as an employee or as an independent contractor must advertise properties in the name of the brokerage firm and deposit earnest money into the broker’s designated escrow account.

247
Q

Which of the following actions would be seen as unauthorized practice of law?

a) filling in the blanks of a sales contract
b) signing a lease as attorney-in-fact for the lessor
c) showing properties that are for sale by owner
d) offering comment as to the correctness of a deed

A

d) offering comment as to the correctness of a deed

248
Q

According to federal do-not-call legislation, when a consumer makes an inquiry or submits an application, a real estate licensee may call the consumer for up to

a) 6 months
b) 4 monts
c) 18 months
d) 3 months

A

d) 3 months
A real estate licensee may call a consumer for up to 3 months after the consumer makes an inquiry or submits an application. A licensee may call consumers with whom they have an established business relationship for up to 18 months after the consumer’s last purchase, delivery, or payment.

249
Q

In an adjustable-rate mortgage, the interest rate is tied to an objective economic indicator called

a) a discount rate
b) a mortgage factor
c) a reserve requirement
d) an index

A

d) an index
The interest charged in an adjustable-rate mortgage varies with an outside economic indicator called an index. This index is beyond the control of either the borrower or the lender. The discount rate is the interest rate set by the Federal Reserve that member banks are charged when they borrow money. The mortgage factor is the number multiplied by the thousands of an amount borrowed to arrive at a monthly principal and interest payment. The Federal Reserve System requires that each member bank keep a certain number of assets on hand as reserve funds, which are unavailable for loans or any other use.

250
Q

In receiving a gift of a parcel of real estate, one of the two new owners was given an undivided 60% share, and the other received an undivided 40% share. They now hold title as

a) tenants in common
b) joint tenants
c) cooperative owners
d) community property owners

A

a) tenants in common
Tenants in common hold property with undivided fractional interests, and the shares do not have to be equal. In a joint tenancy, each owner holds equal shares and interests to the property. Community property consists of personal or real property acquired by either party in a marriage and belonging to both parties to the marriage. In a cooperative, owners own shares in a corporation, partnership, or trust which owns a property, with each owner holding a proprietary lease and the right to occupy the unit.

251
Q

All of the following are true about asbestos EXCEPT

a) it is most dangerous when airborne
b) HUD requires all residential buildings be tested for asbestos-containing materials
c) it was commonly used as insulation
d) removal can cause further contamination of a building

A

b) HUD requires all residential buildings be tested for asbestos-containing materials
The federal government does not require asbestos testing in residential buildings. Asbestos was commonly used as insulation prior to 1978. Asbestos is harmful only if it is disturbed or exposed as can occur during remodeling or renovations. Tiny airborne particles when inhaled can cause a variety of respiratory diseases. Federal government regulations establish guidelines for owners of public and commercial buildings to test for asbestos-containing materials. The removal process, though, requires state-licensed technicians and specially sealed environments.

252
Q

A buyer offered to purchase an occupied fourplex. If her offer is accepted, which of the following is TRUE regarding the current leases?

a) the lessee can cancel the leases
b) the leases will be void
c) the lessor can raise the rent
d) the leases will be unaffected

A

d) the leases will be unaffected
When the property is sold, the current leases remain valid, binding, in effect, and cannot be changed until the end of the lease term.

253
Q

A deed of trust differs from a mortgage in

a) the redemption rights allowed after foreclosure
b) the number of parties involved in the loan
c) the obligation of the borrower to repay the funds
d) the time permitted to cure a default

A

b) the number of parties involved in the loan
A deed of trust is a three-party instrument that conveys naked title to a third party, the trustee, who holds the title on behalf of the lender, also known as the beneficiary. The borrower is the trustor. A mortgage is a two-part instrument between the mortgagor and the mortgagee.

254
Q

A pizza parlor rents space in a retail shopping center. Its owner bolts a large iron pizza oven to the floor to cook the pizzas. The oven is

a) a rental fixture
b) a trade fixture
c) a fixtrue
d) a real property

A

b) a trade fixture
The iron oven is a trade fixture used for a specific business purpose. It is personal property even though it is attached to the rented space. The owner must remove the oven on or before the last day of the lease. A fixture is an item permanently attached to the property and is considered real property. If the restaurant owner assembles and builds an oven in the space that cannot easily be removed, its removal may cause severe damage to the space. If not removed, the oven becomes a permanent fixture—real property—belonging to the landlord.

255
Q

An owner of a property with a lake has given the neighbor verbal permission to fish in the lake. The neighbor’s right of use is MOST likely

a) an encumbrance
b) an easement in gross
c) a license
d) an easement appurtenant

A

c) a license
A license is a personal right to enter the land of another for a specific purpose and can be terminated or revoked at any time. Typically, these are not in writing and are not considered to be encumbrances since the owner may take the license. Easements are irrevocable written—usually in a deed—rights of use in another property.

256
Q

A property description states, “Starting at the corner of Ash Street so many feet to 2nd Street,” and so forth. This description is MOST likely

a) a rectangular survey
b) a metes and bounds
c) a government survey
d) a lot and block

A

b) a metes and bounds
This is the only legal description that uses a starting point. The rectangular survey system and the government survey system, divides land into rectangles and describes those rectangles with principal meridians and base lines. The lot and block system uses lot and block numbers referred to in a plat map and is often used in subdivisions.

257
Q

The buyer and seller are under contract when the title work is delivered. The buyer discovers the seller does NOT have clear title to the property. The buyer sends the seller notice to clear the title. The best way for the seller to clear the defective or clouded title is

a) to have both an owner’s and mortgagee’s title policy
b) having the title conveyed with a quitclaim deed
c) by having the buyer pay cash for the property at the closing
d) by filing a quiet title suit

A

d) by filing a quiet title suit
A quiet title suit removes all clouds on title and then allows the seller to convey the property to the buyer. The disadvantage is it may take months to go through the court system. Title insurance does not cover defects found before closing. Paying cash for the property or using a quitclaim deed would not clear title.

258
Q

Requiring the seller to make certain disclosures about the property is an attempt to

a) avoid unpleasant surprises for the buyer
b) guarantee that the buyers will not be surprised
c) provide a warranty to the buyers
d) increase the liability of the licensee who lists the property

A

a) avoid unpleasant surprises for the buyer
The use of seller disclosure statements is an attempt to reduce unpleasant surprises for the buyer. Seller disclosures are neither warranties nor guarantees; the seller can only disclose that of which the seller is aware. Buyers should rely on their own inspections.

259
Q

After a broker takes a listing of a residence, the owner specifies that he will not sell his home to any family that is not of the same Asian background as the seller. The broker should do which of the following?

a) require that the owner sign a separate legal document stating the additional instruction as an amendment to the listing contract
b) advertise the property exclusively in Asian language newspapers
c) explain to the owner that his instruction violates federal law and that the broker cannot comply with it
d) abide by the principal’s directions, despite the fact that they conflict with the fair housing laws

A

c) explain to the owner that his instruction violates federal law and that the broker cannot comply with it
The situation places the broker in the position of either violating the fiduciary duty of obedience or violating the federal Fair Housing Act. To avoid breaking the law, the broker must end the agency agreement if the owner insists on the discriminatory instruction. The broker may not advertise the property exclusively in foreign-language newspapers, and a legal document signed by the owner does not exempt the broker from following fair housing laws.

260
Q

A contract entered into while someone is under duress is considered to be

a) void
b) voidable
c) fully valid and enforceable
d) executory

A

b) voidable
Duress, fraud, misrepresentation, and contracts entered into by minors create voidable contracts. Such contracts are neither valid nor enforceable. A void contract has no legal force and is not enforceable due to its lack of an essential element, such as one made for an illegal purpose. An executory contract is a valid contract that has been signed but not fully fulfilled.

261
Q

A property manager hires a full-time maintenance person. While repairing a faucet in one of the apartments, the maintenance person steals a laptop computer and the tenant sues the owner. The property manager could protect the owner against this type of loss by purchasing

a) casualty insurance
b) a surety bond
c) liability insurance
d) workers’ compensation insurance

A

b) a surety bond
Casualty insurance covers losses such as theft, burglary, and vandalism. Liability covers medical expenses for someone injured on the premises. Workers’ compensation covers injuries to workers on the job.

262
Q

The component of an adjustable-rate mortgage (ARM) that sets the maximum amount the borrower will have to pay for a mortgage payment is

a) the periodic rate cap
b) the margin
c) the life-of-the-loan rate cap
d) the payment cap

A

d) the payment cap
The payment cap sets the maximum amount a borrower will have to pay for a mortgage payment in the term of an ARM. The periodic rate cap limits the amount an ARM’s interest rate may change over a specific period of time, usually a year. The life-of-the-loan rate cap limits the amount the interest rate may increase over the entire life of an ARM. The margin is the premium added to the index rate to adjust an ARM’s current interest rate.

263
Q

To assign a contract for the sale of real estate means to

a) allow the seller and the buyer to exchange positions
b) permit another broker to act as agent for the principal
c) record the contract with the county recorder’s office
d) transfer one’s rights under the contract

A

d) transfer one’s rights under the contract
An assignment is a transfer of the interest of one person to another. In an assignment, rights are assigned to a third party, but the original party remains primarily liable unless specifically released. Assignment of a contract does not change the broker/agent relationship.

264
Q

A bachelor died owning real estate that he devised to his niece. When will full title and possession pass to his niece?

a) after his will has been probated
b) after the niece has paid all inheritance taxes
c) when the niece executes a new deed to the property
d) immediately upon his death

A

a) after his will has been probated
The niece is regarded as the owner immediately upon the testator’s death, but she will not receive possession (as a devisee) until probate proceedings are complete

265
Q

It is necessary to calculate a dollar value for depreciation when using which of the following?

a) the sales comparison approach to value
b) the income approach to value
c) gross rent multipliers
d) the cost approach to value

A

d) the cost approach to value
One of the components of the cost approach is the calculation of depreciation caused by wear and tear, functionality of items, or outside influences. The calculation is not used in the sales comparison or income approaches to value. A gross rent multiplier is used in the income approach to value for one to four residential rental properties.

266
Q

A store owner has operated a neighborhood grocery store for the past 30 years. Her store is the only retail property in the area which is zoned residential. The store is an example of

a) an illegal enterprise
b) a nonconforming use
c) a variance of the zoning laws
d) a violation of the zoning laws

A

b) a nonconforming use
A nonconforming use is the legal use that existed prior to current zoning ordinances but no longer conforms to current zoning laws. The grocery store operated prior to current zoning ordinances and is legally permitted to operate as a nonconforming use. A variance is permission for a use expressly prohibited by zoning ordinances.

267
Q

The covenant implied in a lease that ensures that the landlord will NOT interfere in the tenant’s possession or use of the property is the covenant

a) against uncombrances
b) of warranty forever
c) of quiet enjoyment
d) of seisin

A

c) of quiet enjoyment
The covenant of quiet enjoyment is a promise by the lessor that the lessee may take possession of the premises and that the landlord will not interfere in the tenant’s possession or use of the property. The covenants of seisin, of warranty forever, and against encumbrances are provisions in a general warranty deed conveying title to real property, not covenants contained in a lease. A covenant of seisin warrants that the grantor/owner of a property owns the property and has the right to convey title to it. A covenant against encumbrances warrants that the property is free from liens or encumbrances except for any specifically stated in a deed. A covenant of warranty forever promises to compensate a grantee for any loss sustained if the title to property fails at any time in the future.

268
Q

The tenant has agreed to pay a fixed monthly rent, a portion of the property taxes, and maintenance on a 1,200-square-foot retail space in a mall. This lease is BEST described as

a) a gross lease
b) a percentage lease
c) a net lease
d) a retail lease

A

c) a net lease
In a net lease, the tenant agrees to pay rent along with some of the property expenses. In a percentage or retail lease, the tenant pays a base rent plus a percent of sales. A gross lease is when the tenant only pays rent.

269
Q

The holder of a reversionary interest in a qualified fee estate might be able to obtain title to the property

a) if the holder of the qualified fee estate sells the property
b) only if the remainderman dies first
c) if the conditions change and the owner is unable to meet the requirments
d) if the holder of the qualified fee estate breaks the deed condition

A

d) if the holder of the qualified fee estate breaks the deed condition
The holder of a reversionary interest retains the right to repossess a property if a deed condition is not met or broken. If the condition is broken, the holder of the reversionary interest can go to court to try and obtain ownership of the property. If a remainderman dies, the remainder interest in a life estate passes to the heirs. The holder of a reversionary interest does not have the right to change the conditions of a qualified fee estate. A holder of a qualified fee estate may sell the property so long as the conditions or limitations of the qualified fee estate continue.

270
Q

A mortgage loan from a seller to a buyer to allow the buyer to complete the transaction is called

a) a blanket mortgage
b) a contract for deed
c) a purchase money mortgage
d) a package mortgage

A

c) a purchase money mortgage
A purchase money mortgage is when the seller transfers legal to the buyer at closing but takes back a note for all or part of the purchase price. A contract for deed is not a mortgage loan but a contract where the seller agrees to take payments from the buyer/borrower and once the last payment is made the buyer will receive legal title. A package mortgage is a loan secured by personal items as well as real property. A blanket mortgage is a loan made on several properties or a number of lots in which a developer secures a partial release of the mortgage lien for each property or lot sold.

271
Q

Real estate professionals must guard clients’ personal information—sometimes forever—based on all of the following laws EXCEPT

a) state laws of agency
b) common laws of agency
c) the federal Privacy Act
d) the federal Fair Housing Act

A

d) the federal Fair Housing Act
Fair housing does not require confidentially be maintained. The common law of agency, state agency laws, and the privacy act all require real estate professionals to maintain confidentiality of transactions.

272
Q

Which of the following statements regarding an executory purchase contract is TRUE?

a) the contract conveys legal title when signed by both parties
b) the contract is binding on both parties
c) the contract terms must be identical to the terms in the listing agreement
d) the contract may be oral

A

b) the contract is binding on both parties
An executory purchase contract is one in which both parties have reached mutual agreement and are both bound to complete the contract. A deed conveys legal title in the executory phase of a contract; the buyer has equitable title while the seller retains legal title.

273
Q

A listing agent loses the seller’s house keys. The agent has breached her fiduciary duty of

a) loyalty
b) disclosure
c) care
d) accounting

A

d) accounting
The fiduciary duty of accounting requires real estate professionals to be accountable for money and the property of others that come into their possession in the performance of the agent’s duties. The duty of care requires that agents use their skill and experience to the client’s benefit. The duty of disclosure includes keeping the client informed of all relevant facts related to the transaction. The duty of loyalty means the agent must place the client’s interests above all others, including the agent’s own self-interest.

274
Q

A homeowner purchased his home for $80,000 and later sold it for $10,000 more than he paid for it. What percentage of profit did he realize when he sold it?

A
12.5%
$80,000 (purchase price) + $10,000 (the increase) = $90,000 (total sales price)
$90,000 / $80,000 = 112.5%
112.5% - 100% = 12.5%
$10,000 / $80,000 = 12.5%
275
Q

All of the following are true about errors and omissions (E&O) insurance EXCEPT

a) the primary purpose of E&O insurance to protect against catastrophic lawsuits
b) E&O policies vary little from provider to provider
c) inactive brokers and salespeople are not required to have E&O insurance
d) E&O policies typically do not cover fraud or antitrust violations

A

b) E&O policies vary little from provider to provider

276
Q

If an owner takes his property off the market for a definite period of time in exchange for some consideration, but he grants an individual the right to purchase the property within that period for a stated price, the contract is called

a) a contract of sale
b) an installment agreement
c) a right of first refusal
d) an option

A

d) an option
An option is granted when an owner (optionor) gives the potential purchaser (optionee) the right to purchase the property at a fixed price within a certain period of time. A contract of sale occurs when a seller and a buyer come to an agreement on the sale of a property. A right of first refusal is an agreement in which the holder of the right has the first opportunity to either purchase or lease real property once the owner offers the property for sale or lease. An installment agreement, also known as a contract for deed, is an agreement in which the seller becomes the lender and the buyer takes possession of the property, retaining equitable title to the property until the final payment to the seller is made.

277
Q

Involuntary alienation occurs when

a) a property owner sells a property to pay off debts
b) a property owner’s land is sold for delinquent taxes
c) a property owner sells a parcel of land to the zoo
d) a property owner grants a neighbor the right to use a well on his land

A

b) a property owner’s land is sold for delinquent taxes
Involuntary alienation occurs when title to property is transferred without the owner’s consent. Involuntary transfers of property are usually carried out by an operation of law and can include having the property sold to satisfy delinquent taxes. Voluntary alienation is the legal term for a voluntary transfer of title when an owner sells property or gives the property to another. The property owner who grants a neighbor access and use of a well has granted a license to the neighbor, which is the revocable right to use the land for a specific purpose for a limited time period.

278
Q

The buyer’s salesperson states as they enter the home, “This home is the best home on the block; it has the nicest floor plan and the best schools in the area.” The salesperson maybe guilty of

a) misrepresenting the schools and puffing about the location and floor plan
b) nothing. This is how all salespeople talk
c) puffing about the location and floor plan
d) misrepresenting the property and schools

A

a) misrepresenting the schools and puffing about the location and floor plan
Puffing is making statements people know may not be true, which “the best home on the block with the nicest floor plan” fits. Saying the property also has the best schools is misrepresentation, since the statement was not qualified (i.e., schools with highest scores, best athletic department, etc.)

279
Q

In order to ensure that future real estate taxes will be paid by a borrower, lenders may require a borrower to

a) sign a note
b) submit paid tax receipts
c) obtain title insurance
d) pay tax funds into an escrow account

A

d) pay tax funds into an escrow account
An escrow account, or impound account, is a reserve fund into which a borrower deposits funds to cover the amount of unpaid real estate taxes and insurance premiums. The lender will make tax and insurance payments on the borrower’s behalf. A borrower signs a promissory note obligating the borrower to repay the loan. Title insurance protects the borrower from covered defects in the chain of title.

280
Q

The time and place that earnest money is to be deposited is first decided by

a) federal and state finance laws
b) the state real estate law
c) the purchase contract
d) the state trust account law

A

c) the purchase contract
The purchase contract establishes the amount of earnest money, if any, and the time and place the funds will be deposited. If there is no mention of the time and place, state real estate trust account laws are to be followed.

281
Q

To protect the owner against the mismanagement of monies that the property manager receives, the owner may require the manager to purchase

a) errors and omissions insurance
b) workers’ compensation insurance
c) a license bond
d) a fidelity bond

A

d) a fidelity bond
The owner may require the manager to purchase a fidelity bond, which covers theft or embezzlement, along with mismanagement. Errors and omissions covers items left out of or incorrect in contracts and lease documents. Workers’ compensation is used to cover injuries on the job. A license bond is used in a profession such as contracting to obtain a license.

282
Q

Defined as a loss in value from any cause, depreciation is generally divided into three categories. The loss of value due to the normal wear and tear on a property is called

a) functional obsolescence
b) physical deterioration
c) external obsolescence
d) economic obsolescence

A

b) physical deterioration
Physical deterioration is the loss of value based on the physical wear and tear on the property. It can be either curable or incurable deterioration. External and economic obsolescence are a reduction in a property’s value caused by factors of the property itself. Functional obsolescence is a loss in value due to such factors as outmoded or unacceptable features of the property itself.

283
Q

A lease should contain all of the following provisions EXCEPT

a) use of the premises
b) term of the lease
c) possession of the premises
d) a sale-and-leaseback clause

A

d) a sale-and-leaseback clause
A sale-and-leaseback clause is an arrangement whereby an owner sells the property and then leases it back for a specified period and rental payments. The clause may be part of a lease agreement, but it is not required. Provisions regarding use and possession of the premises and the term period of the lease are required for a valid and enforceable lease.

284
Q

The electrical wiring in a house is defective. The broker who listed the house is aware of this and intentionally deceives a potential buyer about it. The buyer purchases the home and later suffers a financial loss due to the faulty wiring. This is an example of

a) mistake of law
b) mistake of fact
c) novation
d) fraud

A

d) fraud
Fraud is lying or covering up a known fact. Mistake of law or fact would be when a party does not have knowledge of a situation or material fact. Novations are new contracts.

285
Q

The construction of a family room, additional bedroom, and extra bathroom has been completed on the owner’s home. Before the addition can be used, which of the following is TRUE?

a) the bath must be inspected by the plumbing inspector
b) the municipality must issue a conditional-use permit
c) the municipality must issue a building permit
d) a certificate of occupancy must be issued

A

d) a certificate of occupancy must be issued
A certificate of occupancy grants permission to occupy a completed building structure after it has been inspected. A building inspector may inspect the plumbing during the actual building process before completion. A building permit is issued before construction begins. A conditional-use permit does not relate to actual building construction but permits use of a property for a use related to, but not permitted by, zoning ordinances.

286
Q

Rent is usually

a) prorated at closing between the tenant and the owner
b) paid in arrears
c) prorated at closing between the lessor and lessee
d) paid in advance

A

d) paid in advance
Rent is paid in advance by the tenant. Rent will always be prorated between the seller and new buyer, with the seller owing the buyer for the portion of the month the buyer owns the property but does not have possession, which belongs to the tenant who paid rent.

287
Q

Which of the following is NOT a form of co-ownership?

a) tenancy by the entirety
b) community property
c) ownership in severalty
d) Tenancy in common

A

c) ownership in severalty
Ownership in severalty occurs when a property is owned by one individual or corporation. In a tenancy in common, each co-tenant owns an undivided fractional interest in a property. Tenancy by the entirety is a form of joint ownership by a married couple that allows the surviving spouse to acquire full ownership of the property upon the death of one of the spouses. Community property consists of personal and real property acquired by either spouse in a marriage and belonging to both parties to the marriage.

288
Q

The unfinished area of a single-family home is

a) wholly or partially below grade
b) not suitable for year-round use
c) suitable for year-round use
d) entirety above grade or ground level

A

b) not suitable for year-round use
An area suitable for year-round use is considered a finished area. The area of the house that is entirely above grade or ground level is above grade. The area of a house that is wholly or partially below grade is below grade.

289
Q

A borrower obtained a $7,000 second mortgage loan for five years with a 6% interest rate. Monthly payments of principal and interest were $50. The final payment included the remaining outstanding principal balance. What type of loan is this?

a) accelerated loan
b) fully amortized loan
c) partially amortized loan
d) straight loan

A

c) partially amortized loan
A partially amortized loan is a loan with a partial balloon payment. Principal is still owed at the end of the term, because periodic payments are not enough to fully amortize the loan and the final payment is larger than the others. A straight or interest-only is a loan in which the borrower makes periodic payments of interest only, followed by a lump sum balloon payment of the full principal at the end of the term. In a fully amortized loan, the borrower pays both principal and interest in equal periodic payments over the life of the loan. An accelerated loan is a loan paid off early in which the borrower pays the full balance owed at a time of default, sale of the property, or to redeem the property prior to foreclosure.

290
Q

A house with outmoded plumbing is suffering from

a) curable physical deterioration
b) external depreciation
c) incurable physical deterioration
d) functional obsolescence

A

d) functional obsolescence
Outmoded plumbing is an example of an outdated design feature that lessens the value of a property. The loss of value may be curable if the cost of replacing the plumbing would be offset by the anticipated increased value of the property. The plumbing is not a physical deterioration resulting from deferred maintenance. External depreciation refers to a condition that is not part of the property itself.

291
Q

When the seller listed a property, he agreed to pay a 7% commission. The property sold for $190,000. If the listing agent was paid 2%, and the selling agent was paid 1.5%, how much was the broker paid after paying his agents?

A

$6,650
7% (total commission) - 2% (listing agent commission) - 1.5% (selling agent commission) = 3.5% to broker
$190,000 x 3.5% = $6,650

292
Q

Which of the following is a specific, involuntary lien?

a) an estate tax lien
b) a judgment lien
c) a real estate property tax lien
d) an income tax lien

A

c) a real estate property tax lien
A real estate property tax lien is always on a specific piece of real estate; it happens without permission of the property owner, so it is involuntary. Income tax liens, estate tax liens, and judgment liens are general, as they are levied against both personal and real property owned by a debtor but do not take priority over other liens.

293
Q

The primary purpose of a security deposit is to

a) provide additional revenue for the landlord
b) pay for the last month’s rent
c) ensure that the lease is valid
d) repair damage tot he property caused by the tenant

A

d) repair damage to the property caused by the tenant
A security deposit is held by the landlord during the term of a lease to pay for damage to the property or to pay rent if the tenant defaults on the rent. The deposit is not required for the validity of a lease. Normally a security deposit does not pay for the last month’s rent. A lease should identify any advance payments as a security deposit or as an advance payment for the last month’s rent.

294
Q

According to TRID disclosure rules, when must the loan estimate form be provided to consumers?

a) no later than 3 business days after the loan application is received by the lender
b) no later than 3 calendar days after the loan application is received by the lender
c) no later than 3 business days prior to the closing
d) no later than 3 calendar days prior to the closing

A

a) no later than 3 business days after the loan application is received by the lender

295
Q

An appraiser conducting an appraisal of a single-family home discovers that the subject home has one more bedroom than any of the three comparable properties the appraiser wants to use in the appraisal. To account for the extra bedroom, the appraiser will

a) subtract the value of the bedroom from the subject property
b) subtract the value of the bedroom from the sales price of each comparable
c) add the value of the bedroom to the sales price of each comparable
d) add the value of the bedroom to the subject property

A

c) add the value of the bedroom to the sales price of each comparable
Adjustments are made only to comparable properties—never the subject. If the comparable is better than the subject or has a feature that is present in a comparable but not in the subject, the value of the amenity is subtracted from the sales price of the comparable. If the subject is better than the comparable, the value of the amenity is added.

296
Q

A property manager collected a security deposit from a tenant and placed it in the owner’s business account. Is this action legal?

a) no, is is called commingling, and it is illegal
b) no, it is called conversion and is illegal
c) yes, it is called conversion, and it is legal
d) yes, it is called commingling, and it is legal

A

a) no, it is called commingling, and it is illegal
Security deposits must be placed in a trust account specifically for security deposits and never put in the same account with personal funds, which is commingling. Conversion would be using the funds of one property owner to pay the bills of another property owner. Both comingling and conversion are illegal.

297
Q

All of the following are true about contingencies EXCEPT

a) they must be worded loosely to allow reasonable satisfaction
b) common contingencies include financing and inspection
c) they must identify who will pay for any costs involved
d) they must be met within the time given in the contract

A

a) they must be worded loosely to allow reasonable satisfaction
Contingencies create a voidable contract; if the contingencies are rejected or not satisfied, the contract is void. A loosely worded contingency that is not specific and detailed may create an unenforceable contract.

298
Q

Property managers must be aware and knowledgeable of a variety of issues. When considering asbestos, radon, and urea-formaldehyde, the manager should be aware they are all

a) classified as hazardous substances
b) produced as a result of the natural decay of radioactive substances
c) produced as a result of the natural decay of organic substances
d) classified as environmental hazards

A

d) classified as environmental hazards
Asbestos, radon, and urea-formaldehyde are all environmental hazards. Hazardous substances are materials such as paint, cleaners, and chemicals used in the property. Radon is radioactive, but asbestos and urea-formaldehyde are not. None of the listed hazards are organic; an example of an organic substance would be mold.

299
Q

A buyer purchased a property but did NOT record the deed. Under these circumstances,

a) the deed is void as recording is required to make it valid
b) the transfer of property between buyer and seller is invalid
c) the deed is invalid after 90 days
d) the buyer’s interest is not fully protected against third party

A

d) the buyer’s interest is not fully protected against third parties
Properly recording a deed in the public record serves as constructive notice of the buyer’s rights or interests in the property. If a buyer does not record the deed, a third party may make a claim on the property. Not recording the deed does not affect the validity of the transfer or of the deed to the property, as recording is not an essential element to create a valid deed.

300
Q

A property is now worth $98,250. If it has depreciated in value 5% each year for the past two years, what was the original investment?

A

$108,864
Year 1: $98,250 / 95% (100%-5%)(.95) = $103,421
Year 2: $103,421 / 95% (.95) = $108,864

301
Q

Antitrust laws prohibit all of the following EXCEPT

a) a broker independently setting a company commission schedule
b) competing property management companies agreeing to standardized management fees
c) real estate companies agreeing not to cooperate with a broker because of that broker’s fees
d) competing brokers allocating market shares based on the value of homes

A

a) a broker independently setting a company commission schedule
All the other actions are violations of antitrust laws. Real estate brokers must independently determine commission rates or fees for their firms only. Commission decisions must be based on a broker’s business judgment and revenue requirements and without input from other competing brokers.

302
Q

In response to the question by a buyer of how much to offer, the BEST response of the listing agent is

a) I can’t offer you any advise unless you hire me to represent you
b) typically, 5% under the asking price is a good place to start
c) I am not sure, but I think a full price offer should be accepted
d) You can always offer less and see if the seller will counter

A

c) I am not sure, but I think a full price offer should be accepted
The listing agent is obligated to keep what the seller may accept confidential. However, the seller should be willing to accept a full-price offer that meets the terms of the listing contract.

303
Q

While looking at a property, the potential buyers ask their salesperson if a fence is the boundary line of the property. The salesperson should recommend that the buyers

a) ask the owners of the property
b) ask the neighbors
c) read the legal description
d) have a survey conducted

A

d) have a survey conducted
To determine the exact boundaries of a property, a survey is recommended. Some lenders require a survey to confirm the legal description of the property. The owners and the neighbors may not know the exact boundaries of the property.

304
Q

The lender who provides a real estate loan to a borrower is known as

a) the optionee
b) the mortgagee
c) the optionor
d) the mortgagor

A

b) the mortgagee
The lender is the mortgagee. The borrower who receives a loan and in return gives a note and mortgage to the lender is the mortgagor. An optionor is an owner who gives an optionee—a prospective purchaser or lessee—the right to buy or lease the owner’s property at a fixed price within a certain period of time.

305
Q

A principal broker hires a salesperson as an employee of the brokerage firm. The employment contract between the broker and the salesperson will most likely include all of the following EXCEPT

a) the broker will withhold federal income taxes and Social Security taxes from the salesperson’s paycheck
b) the salesperson is responsible for direct payment of all income taxes and Social Security payments from each paycheck
c) the salesperson is entitled to the firm’s health insurance plan
d) the salesperson attend weekly sales meeting

A

b) the salesperson is responsible for direct payment of all income taxes and Social Security payments from each paycheck
A broker is responsible for withholding federal income taxes and Social Security payments from an employee’s paycheck. The broker may require that the employee attend sales meeting and may include the employee in the firm’s benefits, including a health insurance plan. A salesperson employed as an independent contractor is responsible for direct payment of all federal taxes and any required state taxes.

306
Q

A broker was told by her principal not to advertise her property in a certain newspaper, which was out of the area. The broker complied because she

a) is allowed to advertise only in local newspapers
b) was not intending to advertise the property at all
c) must obey the lawful instructions of her principal
d) had never advertised in that newspaper anyway

A

c) must obey the lawful instructions of her principal
The fiduciary relationship obligates the agent to act in good faith at all times, obeying the principal’s instructions in accordance with the contract. The seller has a right to advertise in a newspaper of her choice, provided any advertisement does not violate fair housing laws.

307
Q

A woman has permission from her friend to hike on his property during the autumn months. Her friend has granted her

a) a conditional-use permit
b) an easement by necessity
c) riparian rights
d) a license

A

d) a license
A license is a personal revocable right to use another’s property with permission of the owner. The permission is personal, nontransferable, and can be revoked at any time. A conditional-use permit is granted by a city or municipality to a property owner to allow a special nonconforming use of property in a residential district. Riparian rights give to owners of land along the course of a river, stream, or similar body of water the rights to use the water according to state or local laws. An easement by necessity is created by a court when an owner sells a parcel of land that has no access to a street except over the seller’s remaining land.

308
Q

A landowner subdivides her acreage and offers the lots for sale. A broker tells her that he can sell the lots. After the broker sells some of the lots, the landowner refuses to pay him a commission. The broker can

a) sue the landowner for breach of contract
b) do nothing
c) file a lien against the landowner’s remaining lots
d) report the landowner to the real estate licensing authorities

A

b) do nothing
An oral agreement does not constitute a valid agency contract entitling the broker to a commission. Unless the broker has been employed by the seller under a valid written agency contract, the broker is not entitled to a commission. The broker has no grounds for a lien or for a suit. Real estate licensing authorities do not regulate or arbitrate commission disputes between a broker and a prospective client.

309
Q

A commercial brokerage firm has hired a local advertising firm to send out email blasts about new listings. In this case, all of the following statements are true about the emails EXCEPT

a) requests to opt-out must be honored within 10 business days
b) no opt-out method is required by emails sent by a third party
c) the receiver must be able to opt-out for at least 30 days after the message is sent
d) the method to opt-out from receiving future emails must be prominent in the email message

A

b) no opt-out method is required for emails sent by a third-party
The CAN-SPAM Act requires an opt-out method for all unsolicited commercial emails. When a licensee uses a third party person or service to send unsolicited emails, the licensee must monitor the emails to ensure that they comply with the Act and have an opt-out in the email. All the other statements are true regarding the CAN-SPAM Act.

310
Q

Under the federal Lead-Based Paint Hazard Reduction Act, which statement is TRUE?

a) purchasers of housing built before 1978 must be given five days to test the property for the presence of lead-based paint
b) a lead hazard pamphlet must be distributed to all prospective buyers but not to tenants
c) a disclosure statement must be included with all sales contracts and leases involving residential properties built prior to 1978
d) all residential housing built prior to 1978 must be tested for the presence of lead-based paint before being listed for sale or rent

A

c) a disclosure statement must be included with all sales contracts and leases involving residential properties built prior to 1978
Although no remediation of the property is required, a lead-based paint warning disclosure statement must be completed and signed by the parties and a copy included with any sales contract or lease for a residential property built before 1978. In the disclosure statement, buyers and renters acknowledge receiving a HUD booklet about protecting their families from lead-based paint hazards. The pamphlet “Protect Your Family From Lead in the Home” must be provided to lessees as well as to buyers. The length of time given the buyer to inspect the property is listed in the lead-based paint disclosure provided by the seller.

311
Q

Real estate firms are often affiliated with title insurance companies or mortgage brokers. RESPA permits these business arrangements as long as

a) companies disclose their relationships with one another to the consumer
b) companies pay referral fees between them
c) consumers are unaware of these arrangements
d) consumers are required to use the services of the affiliated companies

A

a) companies disclose their relationships with one another to the consumer
RESPA permits such arrangements as long as the consumer is clearly informed of the relationship among the affiliated companies and told that he may use other service providers for the same services. The companies may not require a consumer to use the services of any affiliated company. The companies may not pay one another referral fees.

312
Q

A property owner who has the legal right to cross over a neighbor’s land holds

a) an easement
b) an estate in land
c) a police power
d) an encroachment

A

a) an easement
An easement is a right of use or passage. An easement is not an estate in land, as it does not create any right of ownership. An easement is not an exercise of the police power of the state. An easement is not an encroachment, which is an illegal extension of a structure onto another’s property.

313
Q

A broker has established the following office policy: “All listings taken by any salesperson associated with this real estate brokerage must include compensation based on a 10% commission. No lower commission rate is acceptable.” If the broker attempts to impose this uniform commission requirement, which statement is TRUE?

a) a homeowner may sue the broker for violating the antitrust law’s prohibition against price-fixing
b) the salespeople associated with the brokerage will not be bound by the requirement and may negotiate any commission rate they choose
c) the broker must present the uniform commission policy to the local professional association for approval
d) the broker may, as a matter of office policy, legally set the minimum commission rate acceptable for the firm

A

d) the broker may, as a matter of office policy, legally set the minimum commission rate acceptable for the firm.
Antitrust violations occur only if price-fixing exists among competing firms. Brokers have the right to set commissions within their own firm. The broker’s policy is not an antitrust violation. Salespeople who wish to continue with that broker can be required to comply with the policy.

314
Q

Personal property includes all of the following EXCEPT

a) emblements
b) a chair or sofa
c) a custom built-in bookcase
d) trade fixtures

A

c) a custom built-in bookcase
The key word is built-in; since the bookcase is attached, it is real property. Chairs, emblements, and trade fixtures are all examples of personal property

315
Q

The remedy available only to the seller as compensation if a buyer is in default is known as

a) liquidated damages
b) rescission
c) actual damages
d) consideration

A

a) liquidated damages
When parties agree that a certain amount of money will compensate the nonbreaching party in the event one party defaults on a contract, that money is called liquidated damages. Earnest money typically serves as liquidated damages in a purchase contract in case the buyer defaults. Actual damages refer to monies awarded by a court to a plaintiff for a wrong committed against the plaintiff. Rescission is the mutual agreement of the parties to return to their original state. Consideration is an essential element of a contract—something of value offered by one party and accepted by the other.

316
Q

A wooded area with biking and hiking trails is situated between old cotton mills and a housing development. This area is considered

a) a utility easement
b) a nonforming use
c) a buffer zone
d) a variance to the existing zoning

A

c) a buffer zone
Buffer zones, such as parks and hiking trails, are used by municipalities to screen residential areas from nonresidential zones. A variance is permission to build a structure or conduct a use expressly prohibited by zoning ordinances. A utility easement is an interest in land permitting the land to be used for utilities such as electrical, gas, or water lines. A nonconforming use exists before zoning ordinances that currently prohibit such use.

317
Q

An appraiser has been hired to prepare an appraisal on a property that includes an elegant old mansion that is now used entirely as an insurance company office. Which approach to value would the appraiser MOST rely on?

a) income approach
b) gross rent multiplier approach
c) sales comparison approach
d) replacement cost approach

A

a) income approach
The income approach is the most appropriate approach for income-producing properties such as an office building, even if the building was once a residence. The gross rent multiplier is not an approach to value; it is a process of estimating the market value of income-producing residential property. The sales comparison approach and the replacement cost approach may be used by an appraiser to assist in determining an estimated value, but these approaches are not as useful or precise as the income approach to that property. Their findings will be weighed less than those of the income approach in the appraiser’s final reconciliation.

318
Q

The owner of a unit in a cooperative receives

a) a proprietary lease to the unit
b) a tax bill for the individual unit
c) a right of first refusal
d) a fee simple interest in the unit

A

a) a proprietary lease to the unit
In a cooperative, each tenant-owner receives shares in the cooperative and a proprietary lease to the owner’s unit for the life of the cooperative. Cooperative owners do not own real estate and do not have fee simple interest in their units. Cooperative owners pay their portion of taxes assessed on the cooperative. A right of first refusal refers to the right of a person to have the first opportunity to lease or purchase real property. Cooperative owners own their shares as personal property.

319
Q

A developer grants a local power company the right to install necessary transmission lines. The developer has granted the power company

a) a conditional-use permit
b) an easement by prescription
c) a license
d) an easement in gross

A

d) an easement in gross
An easement in gross is a company’s right to use another’s land. A license is a personal privilege to enter the land of another for a specific purpose. A license can be terminated or canceled. An easement by prescription is acquired when a person makes continuous and visible use of another’s land for a certain period of time without the owner’s permission. A conditional-use permit is granted by a municipality to a property owner to allow a special nonconforming use of property in a residential district.

320
Q

The seller’s property disclosure form yields which of the following benefits for the transaction?

a) it provides a basis for further investigation by the buyer
b) it gives the buyer full knowledge of all issues with the property
c) it allows the buyer to make an informed decision as to buying the property
d) it informs the buyer as to which defects exist

A

b) it give the buyer full knowledge of all issues with the property
The seller’s property disclosure does not act as an inspection and gives the buyer full knowledge of the seller’s representation of the issues asked on the form. The seller’s property disclosure form provides all of the benefits shown for the buyer. It may also provide a more concrete basis for litigation if the buyer can determine that a seller filled out the form incorrectly or failed to disclose a defect the seller knew was material to the transaction.

321
Q

Four units are renting for $450 each per month. There is a 5% vacancy factor and annual expenses are $3,547. The owner wants an 8% return on his investment, and the property has additional monthly income of $464. What is the effective gross income of the property?

A

$25,810
4 x $450 x 12 = $21,600 regular income
$464 x 12 = $5,568 additional income
$21,600 + 5,568 = $27,1668 potential gross income
$21,600 x .05 (5% vacancy rate) = $1,358.40
$27,168 - $1,358.40 = $25,805.90

322
Q

A real estate broker learns that her neighbor wishes to sell his house. The broker knows the property well and is able to persuade a buyer to make an offer for the property. The broker then asks the neighbor if she can present the offer, and the neighbor agrees. At this point, which statement is TRUE?
A) The buyer is obligated to pay the broker for locating the property.
B) The broker may not be considered the procuring cause without a written contract.
C) The neighbor is not obligated to pay the broker a commission.
D) The neighbor is obligated to pay the broker a commission for producing an offer to purchase.

A

C) The neighbor is not obligated to pay the broker a commission.
The broker procured a buyer for the property on the basis of an oral agreement with her neighbor, the seller. State real estate commissions generally require a commission agreement to be in writing and signed by both parties—the broker and the client. The broker in this case has no written contract for her services with either the seller or the buyer and is not entitled to a commission from either, even if she is the procuring cause of the sale.

323
Q

A new salesperson lists a unit in a condominium building for sale. In this transaction, the salesperson
A) must personally find a buyer for the unit to obtain a share of the commission.
B) has a direct agency relationship with the owners of the unit.
C) acts on behalf of the condominium association as well as the seller.
D) acts on behalf of the brokerage firm.

A

D) acts on behalf of the brokerage firm.
Salespersons or associate brokers act as an agent of their broker. Only the broker has a direct agency relationship with the owners of the unit but not with the condominium association. Under the terms of most listing agreements, the broker, and in turn the salesperson, is entitled to a share of the commission even if the broker or salesperson does not personally find a buyer for the unit.

324
Q

On January 1, the seller paid the $2,345 in taxes for the current year. If he sold the property on June 23 of that same year with the seller having the day of closing, how much would he be credited at closing? (Use a 360-day year.)

A

$1,218.10
Since the taxes were paid in advance, the buyer will owe the seller for the time the buyer owns the house: June 24-December 30, since this is a 360 day year
Total owed / Total days x days owed = Amount due
$2,345 / 360 x 187 (days from June 24 - Dec 30) = $1,218.10

325
Q
When a landowner takes an easy route to his own property over a neighbor's land without the neighbor's knowledge for an extended period of time, the landowner may have acquired
A) an easement by prescription.
B) a title by eminent domain.
C) a license.
D) a easement by necessity
A

A) an easement by prescription.

326
Q

Normally, the priority of general liens is determined by
A) the order in which they are filed or recorded.
B) the order in which the cause of action arose.
C) the court.
D) the size of the claim.

A

A) the order in which they are filed or recorded.
The general rule for priority of liens is “first come, first served.” Property taxes and special assessments are exceptions to the general rule, as they usually take priority over other liens. The priority of liens does not arise out of the size of a claim. Courts do not determine the priority of liens.

327
Q

In evaluating a prospective borrower’s qualifications for a residential loan, a lending institution may consider all of the following EXCEPT
A) credit score and debit ratio.
B) the appraised value of the property.
C) the buyer is retired so does not have a regular paycheck.
D) the total amount of revolving debt the borrower has.

A

C) the buyer is retired so does not have a regular paycheck.
The Equal Credit Opportunity Act prohibits discrimination in granting credit on the basis of age (in particular, because the borrower is retired), marital status, national origin, or dependence on public assistance. A credit score, appraised value, and total debt are used as part of a loan application evaluation process.

328
Q

How can a real estate licensee avoid liability on the basis of negligence?
A) Have the buyers sign a document stating that they are taking the home “as is”
B) Have the seller sign an affidavit that the property is problem-free
C) Conduct at least a visual examination of the property
D) Hire a home inspector at the licensee’s expense

A

C) Conduct at least a visual examination of the property
To avoid liability on the basis of negligence, a licensee should conduct at least a visual examination of the property, focusing on those property conditions, features, and potential defects that licensees in that market area are ordinarily expected and trained to recognize and understand. Such an inspection does not extend to defects or conditions that are considered to be latent or hidden and which cannot be seen by the naked eye, such a damaged sewer line.

329
Q

A buyer offer of $295,000 was accepted, and a loan was negotiated for 80% at 7% interest for 25 years. The closing took place on January 5, and the buyer’s first PITI payment is due March 1. Using a 365-day year, with the seller having the day of closing, how much interest would the buyer be charged on the closing statement?

A

$1,176.77
$295,000 x 0.80 = $236,000 loan amount
$236,000 x 0.07 = $16,520 yearly interest
Buyer owes 26 days in January (31-5) and none for February as the March payment will pay the interest in arrears for February
Total amount due / total days x days owed: $16,520 / 360 x 26 = $1,176.77

330
Q

What is the equation for interest owed?

A

total amount due / total days x days owed = interest owed

331
Q

When appraising a commercial property, the appraiser is MOST concerned with
A) the total debt service on the property.
B) the accrued depreciation on the property.
C) the income generated by the property.
D) the sales prices of comparable properties.

A

C) the income generated by the property.
The appraiser is most concerned with the income generated by the property in estimating the value of the property. Accrued depreciation is a factor used in the cost approach. The sales prices of comparable properties are used in the sales comparison approach, but finding comparable properties for commercial properties is often difficult. Debt service (mortgage payments) is not considered an operating expense deducted from annual operating expenses to determine the net operating income of a commercial property.

332
Q
An owner conveys a life estate to her grandson and stipulates that upon her death, the estate will pass to her son-in-law. The son-in-law has
A) an estate for years.
B) a reversionary interest.
C) a legal life estate.
D) a remainder interest.
A

D) a remainder interest.
The owner’s death will end the life estate conveyed to her grandson, which will then mean the holder of the remainder interest, the son-in-law, will have fee simple absolute ownership of the property. An estate for years is a leasehold estate that continues for any definite period of time. A legal life estate is a freehold estate created out of a provision.

333
Q

The purpose of a mortgage is to
A) restrict the borrower’s use of the property.
B) create a lien on the property.
C) convey title of the property to a lender.
D) provide security for a loan

A

D) provide security for a loan
A mortgage is a financing instrument by which real estate is used as security, or collateral, for a debt. A restrictive covenant may limit a borrower’s use of a property. While a mortgage does create a lien on the property, the lien is removed when the lender records satisfaction of the mortgage in the public record.

334
Q

A tire company has a manufacturing plant located in an area that has just been rezoned for residential use. The company is allowed to continue operating the plant under the new zoning classification as a nonconforming use. However, if the plant is destroyed by fire or other hazard, the tire company MOST likely
A) would not be allowed to rebuild the plant in that location under any circumstances.
B) could construct another plant without the residents’ consent as long as the homeowners’ association approves it.
C) could rebuild the plant in that neighborhood by applying for a zoning variance.
D) could construct another plant by obtaining the consent of the residents living in the neighborhood.

A

A) would not be allowed to rebuild the plant in that location under any circumstances.
Under a nonconforming use, if an improvement is destroyed or torn down, then rebuilding an improvement to its former use is usually prohibited. A variance usually applies only to building a new structure or improvement that does not conform to zoning ordinances or laws.

335
Q

A purchase agreement would likely be voidable under all of these circumstances EXCEPT
A) the seller signed under duress.
B) the buyer didn’t read or understand the contract.
C) the seller made a material misrepresentation to the buyer.
D) the purchaser is a minor.

A

B) the buyer didn’t read or understand the contract.
Part of due diligence on the part of a buyer or seller is to fully read and understand all legal documents they are signing or consult an attorney or other advisor for help. Duress, fraud, misrepresentation, and minors always make contracts voidable

336
Q

In MOST states, the responsibility for maintaining the brokerage firms trust account belongs to
A) the principal broker and any broker associates.
B) all brokers and salespersons in the firm.
C) the principal broker and office manager.
D) the principal broker.

A

D) the principal broker.

337
Q
Which of the following would be considered a trigger item under Regulation Z?
A) “A steal at only $175,000!”
B) “FHA financing available.”
C) “Only $10,000 down.”
D) "Low monthly payments.”
A

C) “Only $10,000 down.”
Specific credit terms, such as a down payment, monthly payment, dollar amount of the finance charge, or term of the loan are referred to as trigger items. If such items are included in any advertisement, the advertisement must include additional information required by the regulation.

338
Q

After the buyer’s offer was accepted, the buyer had the home inspected. The seller has agreed in principle to making certain repairs prior to closing. What, if anything, should now be done?
A) Rewrite the purchase agreement to include that the seller is making the repairs
B) File a Universal Commercial Code document with the appropriate authority
C) Follow up with a written memorandum
D) Send an email to the buyer’s lender confirming the agreements

A

C) Follow up with a written memorandum
Verbal representations of material facts or of agreements outside the contract must be confirmed in writing, by letter, or in the body of the contract, which is rare.

339
Q

An appraiser is assigned to appraise a house in an area with very few sales over the past year. One of the comparable properties she chooses is a home similar to the subject property. The house recently sold as a foreclosure property. When writing her appraisal report, what action will the appraiser take as a result of the foreclosed sale?
A) Make a positive adjustment to the sales price of the foreclosed home
B) Make a negative adjustment to the sales price of the foreclosed home
C) Make a negative adjustment to the value of the subject property
D) Make a positive adjustment to the value of the subject property

A

A) Make a positive adjustment to the sales price of the foreclosed home
A foreclosed home usually will sell for less than fair market value. The appraiser will make a positive, upward adjustment to the sales price of the foreclosed home to compensate for the sale at less than market value. In the sales comparison approach, adjustments are made to the sales prices of comparable properties, never to the subject property.

340
Q
All of the following occupancy terms are negotiated between a property manager and a prospective tenant EXCEPT
A) tenant alterations.
B) expansion options.
C) the amount of cash flow.
D) length of the leasing period.
A

C) the amount of cash flow.
Cash flow is the money left after a property pays for itself; a tenant would not be given this knowledge. Length of the lease, what alternations are allowed, and if there are expansion options would all be negotiated prior to signing a lease.

341
Q
A life estate conveys to the life tenant
A) a periodic tenancy.
B) a legal life estate.
C) reversionary interest for life.
D) ownership for life.
A

D) ownership for life.
A conventional life estate is a freehold estate that lasts as long as the life of the life tenant. A conventional life estate occurs by a voluntary agreement of two parties. A legal life estate arises out of law, such as a spouse’s dowry rights when the other spouse dies. A periodic tenancy is a less-than-freehold estate that creates the right of possession of a property from year to year. A reversionary interest exists when the creator of a life estate reserves for himself a fee simple estate once a life estate ends.

342
Q
A homeowner constructs a five-bedroom brick house with a tennis court and a pool in a neighborhood of modest two-bedroom and three-bedroom frame houses on narrow lots. The value of the five-bedroom house is MOST likely to be affected by the principle of
A) conformity.
B) progression.
C) substitution.
D) contribution
A

A) conformity.
The principle of conformity regression states the larger, more lavish home with a pool would tend to be valued in the same range as the modest homes on narrow lots existing in the same neighborhood. Under the principle of progression, the value of a modest, less expensive home will increase if it is located among larger, fancier, more expensive properties. Substitution states a property that offers the same attributes for the least amount will sell first. Contribution determines the value improvements bring to a property.

343
Q

Which of the following would be classified as external depreciation?
A) Poorly maintained properties in the neighborhood
B) A poorly designed floor plan that could be modified
C) Convenient access to schools and recreational facilities
D) A leaking roof that needs to be completely replaced

A

A) Poorly maintained properties in the neighborhood
External depreciation is caused by factors not on the subject property, such as poorly maintained properties in the neighborhood. A leaky roof is an example of physical deterioration. A poorly designed floor plan is an example of functional obsolescence. Convenient access to schools and recreational facilities are examples of good features that may add to the desirability of a neighborhood.

344
Q

All of the following are variances EXCEPT
A) an owner given permission to build into a setback.
B) a retail store in a residential neighborhood.
C) a building that exceeds height limits.
D) a fence built to a height of 15 feet.

A

B) a retail store in a residential neighborhood.
A variance is permission obtained from zoning authorities to use a structure or building in a way that is prohibited by current zoning laws. Fences built beyond six feet high, building into setbacks, or over height limits are all examples of variances. A retail store in a residential neighborhood is a nonconforming use. A nonconforming use is a use of real property originally allowed but no longer conforming to current zoning laws.

345
Q

A property management agreement is classified as
A) a unilateral work-for-hire agreement.
B) a bilateral personal service contract.
C) a bilateral work-for-hire agreement.
D) a unilateral personal service contract.

A

B) a bilateral personal service contract.

346
Q
The primary survey line running east and west in the rectangular survey system is
A) the township line.
B) the principal meridian.
C) the base line.
D) the range line
A

C) the base line.
The base lines run east and west in a rectangular survey system, while the principal meridians run north and south. Township lines run east and west; range lines run north and south. Sections are created through the intersection of these line

347
Q

A broker associate and salesperson of the firm have been found guilty of violating the state real estate license law and have had their real estate licenses revoked. In this case, the principal broker
A) may be found guilty of improper supervision.
B) might have to make a claim against his errors and omissions (E&O) insurance.
C) would most likely have to pay a civil fine in addition to having his license revoked.
D) should not be concerned since broker associates do not need to be supervised.

A

A) may be found guilty of improper supervision
A principal broker is responsible for supervising all licensees in the firm. E&O insurance would not cover this type of issue. Civil fines are created in civil court, not through a hearing at a real estate commission.

348
Q

All of the following are true about radon EXCEPT
A) radon levels will vary in certain weather conditions.
B) modern home construction reduces the potential for radon gas accumulation.
C) radon levels can be reduced by installing ventilation systems.
D) it is colorless, odorless, and tasteless.

A

B) modern home construction reduces the potential for radon gas accumulation.
Radon is a colorless, odorless, and tasteless radioactive gas. The risk of radon increases as it builds up in an enclosed space because of inadequate ventilation. Modern, energy-efficient homes and buildings with practically airtight walls and windows may increase the potential for radon gas accumulation. Once radon accumulates in a basement or crawl space, efficient heating and ventilation systems can rapidly spread the gas throughout the building. Rain, colder weather, and high winds can cause an increase in the accumulation of radon within a structure. Radon is mitigated by ventilating outside the home.

349
Q
A broker, upon reconciling, realized his office manager had deposited operation funds into the earnest money account. This could be considered
A) commingling.
B) misappropriation.
C) nothing to worry about.
D) conversion.
A

A) commingling.

350
Q
A couple's apartment lease has expired, but their landlord has accepted rent and indicated to them that they may remain on the premises until a sale of the building is closed. They will be charged their normal monthly rental during this period, but there will be no automatic renewal of the lease. The right held by the couple is called
A) a periodic tenancy.
B) an estate at sufferance.
C) a tenancy at will.
D) a holdover tenancy.
A
C) a tenancy at will.
A tenancy (estate) at will gives the tenant the right to possess property with the landlord's consent for an unspecified or indefinite term and does not automatically renew. A periodic tenancy runs for an indefinite period, has no expiration date, and automatically renews. An estate at sufferance arises after a tenant's rights to possession expire, and the tenant continues to possess the property without the landlord's consent. A holdover tenancy is created when a tenant with an estate for years holds on to a property after the lease has expired and no new lease agreement has been made.
351
Q

Under an assignment of a lease, who is primarily responsible for rental payments to the landlord?
A) The new tenant
B) The owner and the new tenant
C) The original tenant
D) Both the original tenant and the new tenant

A

C) The original tenant
Unless a novation has occurred by a new lease contract being signed between the landlord and the assignee, the original tenant is primarily responsible for rental payments to the landlord. The assignee is secondarily responsible if it was agreed upon to pay the rent and may even make rental payments directly to the landlord. However, the original tenant remains primarily responsible for rental payments.

352
Q

The major difference between joint tenancy and tenants in common is
A) joint tenants have equal rights of possession that tenants in common do not.
B) tenants in common have survivor rights for each owner.
C) joint tenancy requires all ownership rights be acquired at the same time.
D) tenants in common owners have a separate legal title that allows them to have divided interest

A

C) joint tenancy requires all ownership rights be acquired at the same time.
Joint tenancy, which offers the right of survivorship, requires PITT—possession, equal interests, and title all occur at the same time. Tenants in common owners have equal rights of possession but may have unequal rights of ownership. All owners, regardless of how ownership is taken, share one deed, which conveys legal title.

353
Q

The appraised value of a property is $52,350. It is assessed at 38% of the appraised value, and the tax rate is 95 mills. What are the quarterly property taxes?

A

$472.45
Tax Rate = 95 / 1000 = .095
Assessed value = $52,350 x 0.38 (38%) = $19,893
$19,893 (Assessed value) x

354
Q

What is the tax rate of 95 mills?

A

0.95

355
Q

What is the equation for the annual taxes?

A

Assessed value x Tax rate = annual taxes

356
Q

How many feet are in a yard?

A

3

357
Q
Capitalization is a mathematical process by which annual net operating income is used to
A) determine replacement cost.
B) establish effective gross income.
C) establish depreciation.
D) estimate present value.
A

D) estimate present value.
Capitalization converts the net operating income into an indication of value in the income approach to determine the current or present market value. An appraiser estimates the return on investment an investor would demand for the property being appraised. An appraiser will determine replacement costs, reproduction costs, and depreciation for a property when using the cost approach to value. The effective gross income is estimated by deducting an appropriate amount for vacancy and rent loss in an income-producing property.

358
Q

What did it cost to construct a building that is worth $155,200 today if it has depreciated at the rate of 2% per year (50 years useful life) for the past four years?

A

$168,695.65
Depreciation is 2% per year for four years = 8% Depreciation
Original cost at 100% - 8% = 92%
$155,200 current value / .92 (92%) = $168,695.65 Original cost

359
Q

Under the federal Fair Housing Act, it is illegal to discriminate because a person
A) has been convicted of distributing a controlled substance.
B) has AIDS.
C) has a particular marital status.
D) has a history of dangerous behavior

A

B) has AIDS.
People with AIDS are protected under the disability provision of the Fair Housing Act. Fair housing laws do not prohibit discrimination in housing because of a person’s marital status. Owners may refuse to sell or rent to people who have a history of dangerous behavior or drug convictions, as fair housing laws do not protect such behavior.

360
Q
All of the following are characteristics of value EXCEPT
A) transferability.
B) scarcity.
C) utility.
D) obsolescence.
A

D) obsolescence.
To have value, a property must have monetary worth based on the desirability of the property. Obsolescence is not a desirable trait and, therefore, takes away from the desirability of the property and the demand for the property. Demand, transferability, scarcity, and utility are all characteristics of a property’s value (remembered by the acronym DUST). Demand is the need or desire for ownership supported by the financial means to satisfy the need. Transferability refers to the relative ease with which ownership rights are transferred from one owner to another. Scarcity means that there is a limited supply of property. Utility refers to the property’s usefulness for its intended purposes.

361
Q

Characteristics of Value are

A

DUST (demand, transferability, scarcity, and utility)

362
Q

RESPA (Real Estate Settlement Procedures Act) applies to the activities of
A) lenders, title companies, and real estate brokers.
B) lenders only.
C) title companies only.
D) real estate brokers only.

A

A) lenders, title companies, and real estate brokers.
RESPA requirements apply to lenders primarily. RESPA also requires real estate brokers and title companies that package services for consumers to inform consumers of the relationship between the companies and to inform consumers that they are free to choose other companies for services.

363
Q
Under its police powers, a municipality may regulate all of the following about housing in a development EXCEPT
A) lot sizes.
B) type of structure.
C) building heights.
D) restrictive covenants.
A

D) restrictive covenants.
Restrictive covenants are private controls of land use, not public controls. Building heights, lot sizes, and types of structure may be regulated by a municipality under its police powers.

364
Q

What is the difference between a general lien and a specific lien?
A) A specific lien covers real estate, while a general lien covers personal property.
B) A general lien affects all of a debtor’s property, while a specific lien affects only a certain piece of property.
C) A specific lien is held by one person, while a general lien is held by at least two people.
D) A general lien cannot be enforced in court, while a specific lien can be.

A

B) A general lien affects all of a debtor’s property, while a specific lien affects only a certain piece of property.
A general lien affects all of a debtor’s property, both real and personal. A specific lien affects only a particular piece of real or personal property. Both general and specific liens may be enforced in court.

365
Q
In which type of mortgage would the mortgagor pay no principle on the loan until the end of the term?
A) Fully amortized loan
B) Straight loan
C) Partially amortized loan
D) Contract for deed
A

B) Straight loan

366
Q
An appraiser asked to estimate the value of an existing strip shopping center would probably give the MOST weight to which approach to value?
A) Income approach
B) Sales comparison approach
C) Cost approach
D) Gross rent multiplier method
A

A) Income approach
The income approach will have the most weight in the analysis of income-producing property. The sales comparison approach will have the most weight in the analysis of single-family residential property. The cost approach may be used as one approach to appraising income property, but the income approach will be given the most weight by the appraiser. The gross rent multiplier method is used in the income approach but to determine the value of residential income property.

367
Q
In which of the following arrangements would there be two landlord-tenant relationships?
A) Lease option
B) Lease purchase
C) Novation
D) Assignment
A

D) Assignment
There would be two landlord-tenant relationships in an assignment, which is when the landlord allows the original tenant to lease to another. The original tenant is still liable for the rent if the new tenant does not pay. A lease option and lease purchase would be only one landlord tenant relationship.

368
Q

Which of the following is TRUE about a holdover tenant?
A) The tenant may continue to occupy the premises without permission of the landlord.
B) The tenant must give the landlord a 30-day notice to vacate.
C) The landlord may evict the tenant.
D) The landlord must accept additional rent if the tenant remains on the premises.

A

C) The landlord may evict the tenant.
A tenant who remains in possession of the premises after an estate for years has expired is called a holdover tenant. If the landlord accepts a rental payment from the holdover tenant, acceptance of the payment will usually create a periodic tenancy. However, a landlord can evict the holdover tenant and not accept any additional payments.

369
Q

Semiannual property taxes of $450 were paid only for the first half of the year. The property sold on July 11 and closed on September 19 with the seller having the day of closing. If the taxes were prorated and paid between the buyer and seller as of the date of sale, using a 360-day year, what will the seller owe at closing?

A

$197.50
The seller owes July, August, and 19 days of September for a total of 79 days
Total due / Today days x Days owed: $450 / 180 x 79 =$197.50

370
Q

When property is owned in severalty,
A) the owner cannot be a corporation.
B) the property owner may sell the property to another person.
C) the property may not be owned by spouses.
D) the property may be owned by more than one person.

A

B) the property owner may sell the property to another person.
Additionally, the property owner can will or lease the property to another person. Property owned in severalty is owned by one person. The owner may be an individual or a corporation and has sole discretion to transfer the use or ownership of the property to another person. Spouses may own separate property in severalty.

371
Q
To compute the return on investment, a property manager would need all of the following figures EXCEPT
A) debt service.
B) cap rate.
C) potential gross income.
D) expenses.
A

B) cap rate.

An appraiser uses the cap rate to compute the value, but it is not used to determine the return on investment.

372
Q

Which of the following conditions does NOT create a stigmatized property that may or may not be disclosed under the laws of some states?
A) A murder occurred on the property.
B) The owner of the property has AIDS.
C) A suicide occurred on the property.
D) The property was the site of gang-related activity.

A

B) The owner of the property has AIDS.
All of the other events may stigmatize a property and may or may not allow disclosure to a prospective buyer under state laws. Under federal fair housing laws, people with AIDS are considered handicapped and members of a protected class. The fact that an occupant of a property has AIDS does not require disclosure to a prospective buyer.

373
Q

When a property is misrepresented because defects are not disclosed to a buyer, the buyer may be able to rescind a sales contract or receive
A) compensatory damages for repair of the defect.
B) incidental damages that occur in every real estate transaction.
C) special damages due to the inconvenience to the buyer.
D) a return of any earnest money paid to the seller.

A

A) compensatory damages for repair of the defect.

374
Q
A homeowner constructs an eight-bedroom brick house with a tennis court, a greenhouse, and an indoor pool in a neighborhood of modest two-bedroom and three-bedroom frame houses on narrow lots. The value of this house is MOST likely to be affected by what principle?
A) Contribution
B) Progression
C) Regression
D) Substitution
A

C) Regression
Larger lavish homes in a modest neighborhood will be drawn down in value by the modest, less lavish homes. Regression is the opposite of progression. Under progression, the value of a modest home would be higher if it were located among larger, fancier homes. The principle of substitution states value is determined by what the buyer can find to buy that is similar or equal to the property under consideration. The principle of contribution is used to determine the value of adding improvements to the property.

375
Q
The MOST typical contingency in a real estate contract is for
A) the buyer to sell a current home.
B) appraisal.
C) inspections.
D) financing.
A

D) financing.

376
Q
A loan fee charged by a lender to increase the lender's yield on a loan is
A) the principal.
B) the yield.
C) a discount point.
D) the interest.
A

C) a discount point.
Discount points are used to increase the lender’s yield on its investment. The yield is the profit the lender makes on a loan, the spread between the cost of acquiring the funds lent to the borrower, and the interest rate charged to the borrower. Interest is the sum paid or accrued in return for the use of a lender’s money. The principal is the balanced owed on the original loan amount.