Unit 3 Topic 6 Flashcards

1
Q

Under the principle of agency, what is meant by ratification?
A Agreement by an individual to act on behalf of another
B The appointment by an individual of an agent to act on his behalf
C The appointment by an individual of a principal to on his behalf
D Where an agent has acted outside his authority but the principal subsequently
agrees with the action taken

A

D Where an agent has acted outside his authority but the principal subsequently
agrees with the action taken

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2
Q

Which one of the following statements is TRUE after exchange of contracts?
A The vendor must sell the property to an agreed purchaser but may increase
the price if a better offer is received.
B The vendor must sell the property to the purchaser at the agreed price.
C The vendor may withdraw the contract if a superior offer is received.
D The vendor may withdraw the contract only if they take the property off the
market.

A

B The vendor must sell the property to the purchaser at the agreed price.

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3
Q

Which one of the following is NOT true in relation to ‘exchange of contracts’?
A It is the point at which the purchaser becomes committed to proceed with the
purchase.
B It is the point at which building insurance should commence.
C It may occur on the same day as completion.
D It is the way a vendor accepts the purchaser’s offer.

A

D It is the way a vendor accepts the purchaser’s offer.

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4
Q

Which of the following statements in respect of the role of the estate agent is
true?
A The estate agent acts as an agent of the vendor and the purchaser.
B The estate agent acts as an agent of the vendor but not the purchaser.
C Many estate agents charge more commission if they are the sole agent.
D An estate agent is not permitted to charge a fee if a sale is not completed
through them.

A

B The estate agent acts as an agent of the vendor but not the purchaser.

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5
Q

Which of the following statements is true in relation to a buyer withdrawing
from a house purchase transaction the day before exchange of contracts?
A The potential buyer is entitled to withdraw and has no liability for expenses
or other costs.
B Because the vendor had accepted the offer to buy in good faith, he may sue
the buyer for breach of contract.
C Due to the lateness of the withdrawal, the vendor is entitled to retain the
deposit paid.
D The vendor is entitled to claim all reasonable expenses incurred to date.

A

A The potential buyer is entitled to withdraw and has no liability for expenses
or other costs.

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6
Q

Which of the following is correct in relation to the role of estate agents?
A They must always accompany prospective purchasers during the viewing of a property.
B There are no restrictions on giving advice to both the buyer and the seller.
C Their charges are usually on a flat fee basis or a percentage of the purchase
price.
D They act as agents to both the buyer and the seller.

A

C Their charges are usually on a flat fee basis or a percentage of the purchase
price.

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7
Q

Which of the following is correct in relation to estate agents?
A They are not permitted to charge the vendor a fee if no sale is made through
them.
B Where a multiple agency exists, the fee is shared equally between several
estate agents.
C Fees are usually higher when an estate agent has the sole agency.
D Fees are usually lower when an estate agent has the sole agency.

A

D Fees are usually lower when an estate agent has the sole agency.

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8
Q

In the property buying process, what step may the vendor take if the purchaser
withdraws after exchange of contracts?
A Insist that the purchaser’s deposit be immediately paid as compensation.
B Insist that the purchase proceeds on the terms agreed.
C Sue the purchaser for breach of contract.
D Sue the purchaser’s solicitor for professional negligence.

A

C Sue the purchaser for breach of contract

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9
Q

Which one of the following would NOT usually be a standard condition to an
offer but would only be added when circumstances required?
A Subject to consent to mortgage form.
B Subject to satisfactory report on title.
C Subject to the lender being able to vary the offer.
D The period for which the offer remains valid.

A

A Subject to consent to mortgage form.

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10
Q

What is the legal status of an offer of advance from a mortgage lender?
A In all circumstances, it is binding on the applicant but not the lender.
B In all circumstances, it is binding on the lender but not the applicant.
C Is binding on both parties once contracts have been exchanged.
D It can be withdrawn by the lender in certain circumstance

A

D It can be withdrawn by the lender in certain circumstance

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11
Q

In which of the following circumstances might a lender decide to withdraw a
mortgage offer of advance? If the:
A prospective borrower complains about the amount of the MIG premium.
B prospective borrower receives a large inheritance.
C applicant’s financial circumstances undergo significant change.
D applicant’s solicitor is not known personally to the lender.

A

C applicant’s financial circumstances undergo significant change

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12
Q

Which of the following is a special condition that may be included in a mortgage offer of advance?
A That the offer remains valid for a specific period of time.
B That a consent to mortgage form, in respect of occupants aged 17 or over, is
required.
C A statement that the lender can vary the terms of the offer.
D A disclaimer that the offer does not give any warranty as to the condition of
the property.

A

B That a consent to mortgage form, in respect of occupants aged 17 or over, is
required.

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13
Q

Which of the following is a special condition that may be included in a mortgage
offer of advance?
A A disclaimer as to the reasonableness of the purchase price.
B That the offer is subject to a satisfactory report on title.
C The lender’s right to inspect the property following completion of essential
repairs.
D A lender’s right to withdraw the offer.

A

C The lender’s right to inspect the property following completion of essential
repairs.

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14
Q

In most circumstances, which of the following is true in relation to an
Energy Performance Certificate (EPC)?
A An EPC is only required for new homes.
B An EPC must be commissioned before a property is marketed for sale.
C An EPC must contain information about the property’s gas or electricity
supplier.
D The buyer’s solicitor applies for an EPC as part of the conveyancing
process.

A

.

B An EPC must be commissioned before a property is marketed for sale.

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15
Q

Parwinder made a successful bid for a property at auction and paid a
deposit. What are the implications if he cannot purchase through with the
purchase?
A Either party can go withdraw from the agreement without penalty up to 28
days after the auction
B The seller can keep the deposit and seek recompense from Parwinder if he
later sells the property for a lower price.
C There are no issues as long as Parwinder withdraws before completion.
D This situation would not occur because Parwidner would have been required
to pay the full purchase on the day of the auction.

A

B The seller can keep the deposit and seek recompense from Parwinder if he
later sells the property for a lower price.

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16
Q

Alex is selling his property and hoping to purchase a new one. However, his estate
agent has warned him of the danger of being gazumped.
This would happen if, after an offer has been accepted:
A his buyer offers a lower price than had been agreed originally
B his buyer withdraws from the purchase after signing contracts
C the owner of the property he wishes to purchase accepts a higher offer from another
party
D the owner of the property he wishes to purchase withdraws the property from sale

A

C the owner of the property he wishes to purchase accepts a higher offer from another
party

17
Q

Len is interested in buying a leasehold property at auction. The Vendor’s solicitor
has a legal pack for prospective purchases. Which of the following documents
would not usually be included in the pack?
A a copy of the lease
B a survey report
C local searches
D memorandum of sale

A

B a survey report

18
Q

Esteban is interested in buying a property through the modern method of
auction. The guide price is £130,000. Assuming that the property sells at the
guide price, which of the following is true if his bid is successful? He will have to:

A exchange contracts and complete the purchase within 28 days of the auction

B pay a non-refundable £13,000 deposit on the day of the auction

C pay a non-refundable reservation fee of up to £6,500 on the day of the auction

D pay compensation of £13,000 if he fails to exchange contracts within 28 days of the
auction

A

C pay a non-refundable reservation fee of up to £6,500 on the day of the auction