Unit 7 Flashcards

1
Q

Who is the three-party agreement between?

A

Buyer, seller, and closing company

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2
Q

Who selects the closing company?

A

Listing broker and the seller or buyer

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3
Q

What is the purpose of a closing company and authority do they have?

A

Acts as a scrivener. Gives authority to prepare standard and pre-approved legal docs

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4
Q

*What is the closing companies job?

A

Close the transaction according to the terms of the contract.

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5
Q

What is the purpose of the Contract to Buy and Sell at closing?

A
  1. Set terms of transfer

2. Determines who pays for what

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6
Q

Who charges the closing fees and are they negotiable?

A

A closing company and yes, they are negotiable

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7
Q

If there is a blank in a contract, is it negotiable?

A

Yes

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8
Q

What is the purpose of a deed?

A

To convey title to real property

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9
Q

A CO documentary fee of ____ per ____ of the purchase price is paid upon the recording of any conveyance deed.

A

$0.01 per $100

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10
Q

What is the purpose of a Bill of Sale?

A

Convey title to personal property

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11
Q

What does the Certificate of Taxes Due report?

A

Reports the Ad Valorem taxes (aka assessed taxes due)

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12
Q

Who verifies the amount of taxes owed?

A

The county

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13
Q

*What is TD-1000?

A

Real Property Transfer Declaration

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14
Q

When is TD-1000 (Real Property Transfer Declaration) fill out?

A

At closing

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15
Q

Who requires Real Property Transfer Declaration and where is it sent?

A

Required by the state and sent to the county addessor

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16
Q

*What does the Real Property Transfer Declaration do?

A
  • Declares market price (not market value) and circumstances of sale
  • Used to help ensure fair and uniform property tax assessments
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17
Q

Does the Real Property Transfer Declaration transfer personal property?

A

No. A Bill of Sales does

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18
Q

Who does the selling broker represent?

A

The buyer

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19
Q

Who is responsible for the overall supervision of the closing?

A

The listing broker

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20
Q

When is the Closing Statement form approved and provided to the buyer/seller? Who gives it to the buyer/seller?

A

At closing; by the respective broker to each party

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21
Q

True or False? The statement identifies if it is a buyer or seller statement.

A

True

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22
Q

What does the buyers statement contain?

A

Only the buyer’s debits and credits

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23
Q

What does the sellers statement contain?

A

Only the seller’s debits and credits

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24
Q

Who is responsible for the accuracy of the statement for the party they represent?

A

The respective broker for each side

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25
*Who is responsible for the accuracy of closing docs when a broker asks another broker to attend for them?
All brokers involved + employing broker
26
*What are considered good funds?
- Cashier's check from a commercial bank - Teller's checks from a savings and loan - Fund conveyed using the federal funds wire transfer system
27
What are NOT considered good funds?
- Business checks - personal checks - money market checks - certificate of deposit - title insurance company checks
28
What is the 2% nonresident seller income tax withholding?
If someone is selling a house in CO, and it is not their primary residence, they are charged 2% of the sales price
29
Who is responsible to withhold the 2% fee?
The closing entity
30
*True or False. A closing entity can be a broker, attorney, or the title/closing company?
True (all of the following except question)
31
The 2% rule only applies to a property sold for what price or higher?
$100,000+
32
If the closing entity doesn't take the 2%, what else may they do?
Take the seller's net proceeds of sale
33
What must the broker do immediately after closing?
Must return all closing docs to the employing broker
34
The sales price is a _____ to a buyer and a _____ to a seller on the settlement worksheet.
Debit buyer, Credit seller
35
Whose closing statement does the sales price appear on?
Both the buyer and seller
36
The earnest money is a ______ buyer and a _____ broker.
Credit buyer, debit broker
37
Whose closing statement does the earnest money appear on?
buyers only
38
What is an assumed loan amount?
principal remaining on loan assumed by buyer
39
An assumed loan amount is a _____ to a buyer and a _____ to the seller
?credit buyer; debit seller
40
Whose closing statement does the assumed loan amount appear on?
Both the buyer and seller
41
What is Accrued interest on assumed loan?
Prorated seller owes buyer for month of closing
42
An accrued interest on assumed loan is a _____ to a seller and a _____ to the buyer
Debit seller; credit buyer
43
Whose closing statement does the accrued interest on assumed loan appear on?
Both the buyer and seller
44
What are the details to remember for an owner's (buyer's) title insurance
Seller pays owner's policy
45
An owner's (buyer's) title insurance is a _____ to a seller and a _____ to the broker
Debit seller, credit broker
46
Whose closing statement does the owner's (buyer's) title insurance appear on?
Seller's only
47
What are the details to remember for a mortgagee's (lender's) title insurance?
Buyer pays lender's policy
48
A mortgagee's (lender's) title insurance is a _____ to a buyer and a _____ to the broker
Debit buyer; Credit broker
49
Whose closing statement does a mortgagee's (lender's) title insurance appear on?
Buyer's only
50
What are the details to remember to a notary fee for warranty deed?
Who signs documents pays notary; seller signs deed
51
A notary fee for warranty deed is a _____ to a seller and a _____ to the broker
Debit seller; Credit broker
52
What are the details to remember for a recording of warranty deed?
Recording deed benefits buyer/grantee
53
A recording of warranty deed is a _____ to a buyer and a _____ to the broker
Debit buyer, Credit broker
54
Whose closing statement does a recording of warranty deed appear on?
Buyer's only
55
What are the details to remember for a documentary fee?
$ per $100 of sales price
56
A documentary fee is a _____ to a buyer and a _____ to the broker. _____ pays
debit buyer; credit broker; buyer pays
57
What are the details to remember for new loan about?
Figures from the new lender
58
A new loan amount is a _____ to a buyer (single entry)
credit
59
Whose closing statement does a documentary fee appear on?
buyer's only
60
Whose closing statement does a new loan amount appear on?
Buyer's only
61
What is an assumption loan?
Buyer assumes a loan that is already in place with the seller
62
Who decides if the new borrower is able to take over the loan already in place?
The lender
63
True or False? Creditworthy borrower has to prove only good credit to take over the loan?
True
64
*Are all assumption clauses found in the alienation clause in the deed of trust?
Yes
65
*Do assumption clauses ever have an increase in interest rate?
No