Unit 3 Flashcards
Which of the following is true in all circumstances in relation to unsolicited real-time financial promotions?
A. They can only be made to existing customers.
B. They cannot be made at an unsocial hour.
C. Contract cannot be made on an unlisted telephone number.
D. They can be made to any person who is on the company’s mailing list.
A. They can only be made to existing customers.
Alex is his firm’s marketing manager and he has just withdrawn a marketing mail shot, which will not be used again. For how long just his firm keep a copy of the mail shot?
A. 6 months
B. 12 months
C. 36 months
D. 60 months
B. 12 months
For how long must a firm keep a record of an execution-only sale?
A. One year
B. Two years
C. Three years
D. Five years
C. Three years
Examples of the APRC shown in a financial promotion must be ‘representative’. This means that a specified percentage of those who respond to the promotion and those who enter into the contract advertised would be charged the quoted APRC.
What is the percentage?
A. 45 per cent
B. 51 per cent
C. 75 per cent
D. 35 per cent
B. 51 per cent
If a recommendation is made over the telephone, an illustration must be sent to the customer within:
A. Five business days
B. Seven business days
C. Five calendar days
D. Seven calendar days
A. Five business days
If a mortgage adviser asks a customer about the age at which they expect to retire, this is most likely to be so that the adviser can:
A. Ascertain whether the type of property the customer is interested in buying is suitable for them
B. Recommend an appropriate term for the mortgage
C. Ensure that the customer can afford the repayments from their pension scheme
D. Establish whether the customer is good at long-term planning
B. Recommend an appropriate term for the mortgage.
The adviser is most likely to ask about retirement plans to help them suggest an appropriate term for the mortgage, since many lenders are reluctant to agree to borrowing that will not be repaid before the customer retires.
What is the effect of a trustee in bankruptcy filing a ‘Form J restriction’ with the Land Registry in relation to a bankrupt’s property?
A. It prevents the owners from selling the property
B. It permits the trustee in bankruptcy to sell the property without recourse to the owners
C. It requires the Land Registry to note the trustee’s interest in the property and notify the trustee of any dealings relating to it
D. It restricts the owner’s right of entry to the property
C. It requires the Land Registry to note the trustee’s interest in the property and notify the trustee of any dealings relating to it
Which of the following would be most likely considered a credible repayment strategy for an interest-only mortgage?
A. Planning to use a promised inheritance from a relative
B. Relying on the increase in value of the property to provide equity that can be released to pay off the loan
C. Using the proceeds from the sale of another property owned by the borrower
D. Using a pension commencement lump sum to pay off the loan
C. Using the proceeds from the sale of another property owned by the borrower
Providing the value of the other property is qual to or greater than the sum needed to pay off the loan, this is last likely to be considered a credible repayment strategy.
Using a pension commencement lump sum (PCLS) might also be a credible approach but only if the pension pot is large enough to provide a PCLS equivalent to the loan.
Relying on an inheritance or a substantial increase in the value of the property are both too uncertain.
For an interest-only mortgage, how often must the lender carry out a review of the borrower’s repayment strategy?
A. At least once during the term
B. Whenever the borrower requests it
C. At least once every five years
D. Halfway through the term
A. At least once during the term.
Which of the following TWO statements are true in relation to the Flood Re scheme?
A. Insurers must reinsure flood risk through the Flood Re scheme
B. The premium the insurer pays to Flood Re on each property depends on how often the property has flooded in the past
C. Only properties built before 2009 are covered by the Flood Re scheme
D. The insurer may pass on the cost of its Flood Re premium in the premium it charges the property owner
C and D are correct.
Only properties built before 2009 are covered by the Flood Re scheme.
The insurer may pass on the cost of its Flood Re premium in the premium it charges the property owner.
Which of the following would be included in both a RICS Home Survey Level 1 and 2 Report?
A. A valuation
B. Issues that need urgent attention
C. Advice on how to deal with remedial work
D. A report on the property’s energy efficiency
B. Issues that need urgent attention.
Ben bought a newly built house four years ago and it is covered by the Buildmark scheme. It now requires structural repair as a result of a defect in the construction materials.
Ben is entitled to:
A. Require the builder to make good the property
B. Claim under the Buildmark insurance scheme for the full cost of the repair
C. Claim under the Buildmark insurance scheme if the cost of the work is above the minimum claim value
D. Claim a percentage of the repair costs because the cover reduces for each year he has occupied the property
C. Claim under the Buildmark insurance scheme if the cost of the work is above the minimum claim value.
Which of the following would be exempt from building regulations?
A. A 25m^3 extension
B. Cavity wall insulation
C. A detached garage with a floor area of 20m^3
D. A loft conversion
C. A detached garage with a floor area of 20m^3.
Private Medical Insurance (PMI) may become a priority at what life stage?
A. Young, single person
B. Younger couple with children
C. Middle-aged couple, children have left home
C. Middle-aged couple, children have left home.
The certificate of the title confirms that the seller of the property:
A. Is the legal owner or their legal representative and is entitled to sell it
B. Correctly registered the property and paid the required registration fees when he bought it
C. Is the sole registered owner of the property and does not hold it on trust for anyone else
D. Is UK resident for tax purposes or is otherwise legally entitled to own property
A. Is the legal owner or their legal representative and is entitled to sell it.
Building societies are allowed to hold what proportion of their commercial assets in loans to limited companies secured on land?
A. 5%
B. 10%
C. 25%
D. 100%
C. 25%.
A maximum of 25 per cent of a building society’s commercial assets can be held in loans to limited companies secured on land.
Heather owns a flat on a leasehold basis and wishes to exercise her statutory right under leasehold reform legislation to buy the collective freehold.
How long must the original lease have been granted for her to do this?
A. 35 years
B. 12 years
C. 15 years
D. 21 years
D. 21 years.
The lessee (leaseholder) may have statutory rights to buy out the lessor (freeholder) is the length of the lease exceeds 21 years.
When a sole borrower dies without leaving a will, the personal representatives can sell the property to redeem the mortgage when:
A. The death certificate is issued
B. A grant of probate is issued
C. The death certificate is acknowledged by the lender
D. The court grants letters of administration to the legal personal representatives
D. The court grants letters of administration to the legal personal representatives.
If the deceased has not left a will, the representative is an administrator, appointed by letters of administration.
At what stage in the house buying process in England and Wales does a purchaser or their Solicitor actually have to arrange for payment to be transferred to the vendor?
A. Submission of offer
B. Acceptance of offer
C. Completion
D. Exchange of contacts
C. Exchange of contracts.
When contracts are exchanged the solicitors will agree a ‘completion’ date for the sale, which is when the balance of the sale price is paid and keys are given to the buyer.
It is typically around 28 days after exchange, to allow for final legal work to be completed.
When the tenure of a block of flats is commonhold, what are the individual flat owners called?
A. Unit-owners
B. Freeholders
C. Leaseholders
D. Common owners
A. Unit-owners.
What documents would you check to assess the ability of a company’s director(s) to bind the company to a mortgage contract?
A. The credit file of the director(s) concerned
B. The articles of association of the company
C. The report and accounts of the company
D. The Certificate of Incorporation of the company
B. The articles of association of the company.
Before making a lending decision, it is prudent for the lender to confirm that the company is permitted by its memorandum and articles of association to borrow, whether there are restrictions or limits on such borrowing and whether the individuals the lender is dealing with have authority to commit the company to borrowing.
What is the final certificate which a lender needs to receive from the buyer’s solicitor prior to releasing the mortgage funds?
A. Title search
B. Re-inspection report
C. Final inspection certificate
D. Certificate of title
D. Certificate of title.
The certificate of title is produced by the buyer’s solicitor to confirm that the property is what it is claimed to be and that it is free from restriction that would inhibit the sale process.
A legal charge gives the lender:
A. Certain rights over the property while the mortgage is outstanding
B. The right to enter the mortgaged property if payments are not kept up
C. Joint ownership of the mortgaged property while the loan is outstanding
D. Legal ownership of the mortgaged property, while the borrower enjoys beneficial ownership
A. Certain rights over the property while the mortgage is outstanding.
Who prepares the contracts which will be exchanged during the house purchase process?
A. The purchaser’s solicitor
B. The buyer’s lender
C. The lender’s solicitor
D. The vendor’s solicitor
D. The vendor’s solicitor.
The vendor’s (seller of the property) solicitor prepares the draft sales contract.
The successful bidder at a property auction:
A. Has 28 days to exchange contracts
B. Is committed to purchase subject to a satisfactory survey
C. Is committed to purchase subject to being able to raise sufficient funds
D. Has entered a legally binding contract to complete the purchase
D. Has entered a legally binding contract to complete the purchase
Once a winning bid is accepted, a 10 per cent deposit is paid and contracts are exchanged on the day of the auction, so the buyer must be in a position to go ahead at the auction.
The buyer must complete the sale in 28 days or face penalties.
Gazundering and gazumping are:
A. Illegal and offenders are liable to prosecution via the civil court system
B. Illegal and offenders are liable to prosecution via the criminal court system
C. Not illegal but considered bad faith
D. Not illegal but are subject to censure by professional bodies leading to large fines on vendors and purchasers alike
C. Not illegal but considered bad faith.
Gazundering is whereby the buyer lowers their offer at the last minute and gazumping is whereby the vendor, having accepted an offer, accepts a better offer from another buyer later on.
Although both are seen as unethical, it is legal because neither the vendor nor buyer is bound by an offer until exchange of contracts.
The Family Law Act 1990 (England and Wales) enables a non-owning spouse to:
A. Have their name added to the title of the property if they are married or a civil partner to the registered owner
B. Continue in occupation or be given a right of entry and occupation
C. Take possession of the property to avoid possession being taken by the lender
D. Reclaim from the registered owner any money they contributed towards the running and upkeep of the property
B. Continue in occupation or be given a right of entry and occupation.
The legislation recognises the rights of a non-owning spouse to register an interest in the property through a formal entry on the charges register at the Land Registry for registered land or the land charges register for unregistered land.
In the case of property purchase, who is liable for the actions of an estate agent under the principles of agency?
A. The regulator
B. The purchaser
C. The seller
D. The network that the agent belongs to
D. The network that the agent belongs to.
Under the general principle of agency, the principal (the vendor) is liable for the agent’s (the estate agent) actions unless the agent acted outside their authority.
What is the main way of creating a mortgage in England and Wales?
A. Legal indemnity
B. Legal charge
C. Standard title
D. Standard security
B. Legal charge.
Bankruptcy normally lasts for one year, but the restrictions might be extended if the individual:
A. Has complex assets
B. Does not cooperate with the trustee
C. Has debts in excess £100,000
D. Has been bankrupt before
B. Does not cooperate with the trustee.
In most cases the period of bankruptcy lasts for 12 months. However, the bankruptcy order can be extended if the individual does not cooperate with the trustee (person whose role is to seize their assets, sell them and use the proceeds to pay the court costs and settle as many of their debts as possible).
It is not usually the role of an estate agent to:
A. Arrange insurance
B. Negotiate with a prospective tenant
C. Prepare a contract for sale
D. Carry out a valuation
C. Prepare a contract for sale.
This is usually the role of the vendor’s solicitor (draft of contracts).