WA State Broker's License Mock Exam #2 Flashcards
- Which of the following loans would be subject to the Truth in Lending Act?
A loan to a first-time home buyer
Explanation: The Truth in Lending Act applies to the consumer loans. It doesn’t cover loans for business, commercial, or agricultuarl purposes, or loans to corporation or other ogranizations
- Art sold his house, which was not encumbered with a mortgage. Closing expenses were $5,264, and he paid a comission of 7% of the selling price. He received a check at closing for $372,316. What did the house sell for?
$406,000
Explanation: The house sold for $372,316 plus whatever was subtracted from the sales proceeds at closing (that is, the seller’s selling expenses). Thus, to get the sales proce (so we can determine the commission), you first add the selling costs to the sale proceeds. $5,264 + $372,316 = $377,580. Then use the seller’s net formula. That is, divide the sales price by the commission rate subtracted from 100 (100% - 7% = 93%). $377,580 / .93 = $406,000.
- Frank gives Stella an option to buy his house. Stella, as the optionee, is obligated to:
pay consideration for the option right
Explanation: Some consideration must pass from optionee to optionor. A mere statement of consideration is not adequate. Recording the option is advisable, but not required.
- A corn field with a depth of 900 feet and a frontage of 484 feet is bisected by an access road, leaving two triangular lots. If the land sells for $2,000 per acre, how much is each lot worth ?
$10,000
Explanation: Each lot is worth $10,000. One way to solve this problem is to find the area of one of the triangular lots. Use the triangle area formula, Area = 1/2 Base x Height (900 feet x 484 feet x .5 = 217,800 square feet). Convert this to acreage (217,800 square feet / 43,560 sqaure feet per acre = 5 arcres), and then multiply by the cost per acre (5 acres x $2,000 = $10,000). Alternatively, you can use the rectangle area formula (Area = Length x Width) to find the are of the entire corn field (900 feet x 484 feet = 435,600 square feet), divide to convert the square footage to acreage (435,600 sqaure feet / 43,560 square feet per acre = 10 acres), multiply by the cost (10 acres x $2,000 = $20,000), and divide by 2 to find the cost of one of the lots ($20,000 / 2 = $10,000).
- Which is a list of duties owed to a principal by an agent?
Loyalty, confidentiality, reasonable care, accounting
Explanation: Duties that an agent owes to all parties (including the principal) are reasonable skill and care, honesty and good faith, presenting written communications, disclosre of materials facts, accounting, proviidng an agency law pamphlet, and making an agency disclosure. In addiiton, an agent owes the principal the duties of loyalty, disclosure of conflicts of interest, confidentiality, advising the princial to obtain expert advice, and good faith and continous effort. Compensation, indemnification, and performance are not duties an agent owes the principal.
- Ajax Realty lists a propery for a seller at a commission rate of 8%. The multiple listing service provides that a listing brokerage will split commissions at a 50-50 rate. Baron Realty, a cooperating brokerage, finds a buyer for the property, at a price of $300,000. How much will the seller owe Ajax Realty at closing?
$24,000
Explanation: Under the terms of the listing agreemnt, the seller will pay the listing firm (Ajax) 8 % of the sales price ($300,000 x .08 = $24,000). The seller is not a party to the MLS commission split agreement. It’s up to Ajax to share half of the money with Baron Realty in fulfillment of the commission split agreement; the seller owes Ajax the full commission amount, not half.
- A buyer enters into a buyer agency agreement with a real estate licensee to negotiate the purchase of a particular FSBO property. The buyer then enters into a purchase and sale agreement, but the property he agreed to buy is a subsequently condemned. Which of the following is true?
The agency is terminated
Explanation: An agency agreement for the purchase or sale of a particular property terminates if the subject matter of the agency (the property) is extinguished; condemnation of the property is one form extinciton of the subject matter can take. The buyer and agent can look for another property, but they would need to form another agency relationship first. Practically speaking, that’s not very difficult (especially in states where an agency relationship can be formed simply by beginning to provide brokerage services to a buyer).
- A right held by one or more persons to use the possess property to the exclusion of other is a/an:
fee simple estate
Explanation: An easement allows the use of property, but is not a possessory right. An estate, in contrast, is an interst in land that is or may become posessory. (A fee simple estate is the most common type of estate.)
- A new subdivision requries payment of homeowners association dues. If unpaid, what type of lien do they create?
Specific lien that encumbers the property
Explanation: Unpaid homeowners association dues create specific lien, meaning that the lien attaches only to a particular piece of property. A lien is an encumbrance, so it is not terminated by the sale of the property and would affect the next buyer’s title.
A homewoner in a recently built subdividiosn plans to build an extra bedroom extending from the back of his house. Nobody in the subdivision has added on to their houses in a similar manner yet. What would the homeowner need to obtain before he could begin work on this project?
Building permit
Explanation: A property owner must obtain a buildling permit from the city or county before making signnificant alterations to an existing building.
Barker is declared incompetent by a court, and his daughter Marge is appointed to handle his affairs. After several years, Marge asks her sister Beth to take over her duties. Beth then lists Barker’s property for sale. Woulud a sale for Barker’s property be valid under these circumstances?
No, Beth hasn’t been designated by a court to handle Barker’s affairs.
Explanation: An incompetenet person’s property may be sold, but the deed must be signed by a court-appointed guardian. The court would have to appoint Beth as Barker’s guardian instead of Marge, the sisters can’t simply make this change themselves.
- Peter plans to sell a number of different properties. He enters into an agreement with Agent Carla, in which she agrees to act as Peter’s special agent. Under this agreement, How many properties can Carla list for Peter?
A special agent may perform watever legal acts have been authoriazed by the principal, so Carla can list many properties as are stated in teh agreement
Explanation: A special agent may perform whatever legal acts the principal has authorized the agent to perform. There is not limit on the number of listed properities that one agency agreement can cover. Since Carla’s authority is limited in time and scope, she is still considered a special agent.
- A buyer and a seller enter into a purchase and sale agreement. The agreement provides that closing must take place by September 30. A clause states that a party’s failure to be ready by a date specified in the contract will constitute a breach of the contract. What is the anme of this cluase?
A time is of the essence clause
Explanation: A contract clause that makes failure to meet a stated deadline a material breach of the contract is called a “time is of the essence” clause. A time is of the essence clause does not have to be a stand-alone privision; it may be part of another person.
- Interest on a loan for a home purchase is which type of interest
Simple
Explanation: The interest paid on real estate loans is simple interest.
- Which of the following is a primary market lender?
Mortgage banking company
Explanation: A mortgage banker is a primary market lender, meaning that it originates loans directly to property buyers. Under the traditional distinction between a mortgage banker and a motgage broker, a motgage broker negotiates loans, bringing borrowers and lenders together for a fee, but (unlike a mortgage banker) is not a lender.
- A buyer who is concerned with whether a property’s soil is suitable for construction of a septic system would, as part of the inspection process, order a/an:
percolation test
Explanation: A percoloation test, which measures the soil’s capacity to absorb water, is usually to determine whether a property is suitable for a septic system that will meet applicable health standards.
- Adjusted basis is:
initial basis, plus capital expenditures, less depreciation
Explanation: Adjusted basis in the intital basis, plus capial expenditures, less depreciation.
- Which of teh folowing rental transactions would be covered by (not exempt from) the Fair Housing Act even if no real estate agent were invovled?
Rental of a unit in a triplex, using no descriminatory advertising
Explanation: A residential rental transaction can be exempt from the Fair Housing Act if the property is a single-family home and the owner has no more than three such homes, or if the proprety has not more than four units and the owner is residing on the property. Option C does not indicate that the onwer is occupying one of the units in the triplex, so the Fair Housing Act would apply to the transaction.
- What is the most important consideration for a property manager who is deciding on appropriate rental rates?
The rental rates for similar properties in the same market.
Explanation: In a market analysis, the manager examines competing rental properties to help him to set appropriate rental rates.
- A living room needs to be a re-carpeted. It measures 18 long by 15 feet wide. How many square yards of carpet will need to be purchased?
30
Explanation: First, multiply the length and width to find the square footage (18 ft x 15 ft = 270 sq. ft). Then, because there are 9 square feet in a square yard, divide by 9 to convert to square yards (270 / 9 = 30 square yards).
- A deed that is not signed by the seller is still considered valid as long as it:
is signed by an authorized attorney in fact
Explanation: The document used to assign legal rights to another person–for exampe, authorizing someone else to sign a contrct and/or deed on one’s behalf – is a power of attorney. The person who is appointed to act is known as an attorney in fact.
- A write of attachment, an easement in gross, and a special assessment all have what in common?
They’re encumbrances
Explanation:
Writs of attachment and special assessments are financial encumbrances (liens), while an easement is a nonfinacial excumbrance (one that affects the use of the property,) but all three are encumbrances.
- A potential buyer gives a seller an offer that doesn’t meet the seller’s demands in the listing. What has the buyer given?
Offer to purchase
Explanation:
An offer simply must epress a willingness to contract, and be certain in its terms. It does not need to match the seller’s listing. (Note that the listing is not an offer, it’s an ad; it can’t simply be accepted to form a binding contract. So the buyer’s offer is the first offer in the typical transaction, not a counteroffer.)
- Ed knows that his basement leaks, but doesn’t disclose this to Sally, the buyer. Ed has also instructed his agent to keep the informaiton confidential. After the sale closes, Sally finds out that the basement leaks, and she sues for fraud and misrepresentation. Sally can sue:
both the listing agent and the seller
Explanation:
In this example, both the seller and the listing agent acted to conceal a latent defect from a buyer, and they both may be liable to the buyer for damages.
- An exclusive lisiting agreement is an example of a/an:
express contract
Explanation: A listing agreement is an express contract (an express contract is one that is stated in words–written or spoken–rather than impled by actions, and a listing agreement is stated in words: it’s a written agreement). Unlike an open listing, an exclusive listing agreement is bilateral contract, not unilateral.
- Which of the following clauses relates to a a mortgage loan default and requires immediate payment of the debt?
Acceleration clause
Explanation: An accelartion clause allows the lender to accelerate the loan (demanding immediate payment of the entire amount owed) if the borrower fails to pay as agreed or defaults on any other aspect of the loan agreement.
- B purchases a small commercial property, and he finances it with a 65% loan. The lender charges 9.25% annual interest and three discount points. The discount points:
increase the lender’s upfront yield
Explanation: Discount points are percentage of the principal amount of a loan, collected by the lender at the time of the loan is orginated, to give the lender an immediate yield over and above the interest. While the discount points decrease the nominal (promissory note) interest rate, they don’t decrease the annual percentage rate; the APR takes the discount points into consideration.
- Which of the following statements regarding the Real Estate Settlement Procedures Act (RESPA) is true?
The borrower is entitled to a loan estimate showing settlement costs within three days of submitting an application.
Explanation: Under RESPA, a lender is required to give a prospective borrower a good faith estimate of the settlement costs (closing costs) within three days after a written loan application is submitted, unless the application is turned down within that period. (Under the TRID rule, the good faith estimate must be presented on a loan estimate form.) Neither commercial transactions nor seller-financial transactoins are covered by RESPA, and RESPA does not limit the interest rate l lenders can charge.
- A developer lists 20 different properties in a subdivision, with four different licensees. Each licensee gets her own model unit to work from. Which of the following is true?
Each model must display the Fair Housing logo
Explanation: HUD regulations require the display of a Fair Housing poster with the Equal Housing Opportunity logo in any place of business where the business where the business involves the selling or renting of dwellings.
- A property manager manages two large apartment buildings. They’re older buy well-maintained properties with a 96% occupancy rate. Based on analysis of market rates, the property manager should:
raise rents, if competitieve market analysis confims this
Explanation: Certainly the manager should raise (or lower) the rents if a competitive market analysis confirms the move. Only anser C is definitely ture in all cases–the CMA determines that level to set rents. (While answer A has some appeal, it’s not the best asnwer: there might be reasons not to lower rents even to achieve higher occupancy. For example, perhaps a major employer is expanding soon and it would be a mistake to lock these units in a cheap prices.)
- Moe has appurtenant easement over Ray’s land. Ray’s land is called a/an:
servient estate
Explanation: Moe is the dominant tenant and Moe’s land is the dominant tenant (estate), benefited by the easement. Ray is the servient tenant and Ray’s land is the servient tenement (estate), burdened by the easement.
- Which of the following would a landlord need to disclose to prospective tenants?
Presence of asbestos
Explanation: Landlords must disclose the presence of asbestos and other environemental hazards on the property.
- Which of the following is true regarding an oral agreement for the sale of real property? It is:
unenforceable; it violates the statute of frauds
- Which of the following would MOST Likely happen in a land contract?
The vendor retains the title to the property until the final payment is made
Explanation: The vendor (seller) retains legal (not equitable) title to the property unti the final payments is made. The vendee (buyer) receives possesion and equitable title while making installment payments. The vendee is also usually responsible for property taxes, insurance, repairs, and upkeep during the contract term.
- A seller lists a 1.1 acre vacant residential lot, asking $10,000. His brother decides to offer the financing himself. The broker runs an ad say, “A $3,000 downpayment will get you beautiful residential acreage.” Ismore credit information required?
Yes, because the downpayment amount was given.
Explanation: Under the advertising requirements of theTruth in Lending Act Regulation Z (which apply to consumer loans secured by real property, including vacnat land), if an ad contains a specific triggering term such as the downpayment amount, the the annual percentage rate and the other terms of reapyment must also be disclosed in the ad.
- Which of the following pieces of information may an apartment property manager gather about applicants?
Employment history
Explanation: A property manager gathers information about rental applicants’ employment history to gauge their ability to pay rent. National origin is a protected class under the Fair Housing Act, and asking about it violates the act.
Age alone isn’t a protected class and many rental applicaitons ask for birthd date, but we think if a similar question is encountered on the state exam, the answer Employment history is more logical since it’s more central to what landlords need to know. Social affiliation isn’t protected by fair housing laws directly, but it can implicate familial status and religion, which are protected classes.
- An owner sells a property, and the buyer is going to a make a 20% downpayment. The lender requires the buyer to pay two disocunt points, which turn out to total $1,000. What was the purchase price?
$62,500
Explanation: The purchase price was $62,500. This question is simply two separate percentages problems. First, find the loan amount. Two discount points is 2% of the loan amount, so divide the value of the discount points by 2% to determine that this was a $50,000 loan ($1,000 / .02 = $50,000). The 20% downpayment means that is an 80% loan. Now you can use the loan amount and the loan-to-value ratio to find the purchase price. To calculate the purchase price, divide the loan amount by 80% ($50,000 / .80 = $62,500).
- A person takes control of an abandoned farmhouse and begins to modernize it. She notifies the property’s owner of her intention to do so and hears nothing back. Eventually she would be able to take title to this property through:
adverse possession
Explanation: If a non-owner takes exclusive possession of a property without the owner’s permission (the “hostile” requirement), in an open and notorious manner, and holds it for the required period of time, she can take title through adverse possession. In the situation described in the question, notifying the owner satisfies the open and notorious requirement.
- Alex owns 35 acres of vacant land that he would like to deed to a local wildlife conservancy. However, a title search revelas that timber rights and an easement to use the property were sold Giant Lumber Company in 1963. Since the lumber company went out of business in 1987, Alex should:
seek advice from an attorney, since the easement may still be valid.
Explanation: Even though the original easement holder no longer exists, a commercial easement in gross can be assisnged. So the easement rights may have been transferred to another company, and it would be prudent to ask an attorney to investigate.
- An agent performing brokerage services owes all of the following duties, except:
perform independent visual inspection of the property to question
Explanation: In Washignton, a licensee is under no obligatoin to perform an inspection of the property or investigage any other matters that she has not specifically agreed to investigate.
- A loan is set up so that the borrower’s payments are the same size each month. Each payment is partly interest and partly principal, and the loan’s balance at the end of the loan term will be zero. Which type of loan is this?
fully amortized
Explanation:
The regular payments on a fully armortized loan include both principal and interest and will pay off the entire amount aowed by the end of the loan term, so so ballon payments will be necesary.
- Which of the following actions by a real estate gent would be illegal?
Showing only houses located in mostly Latino neighborhoods to a Latino family
Explanation: If a real estate agent channels prospective buyers toward particular neighborhoods because of their national origin, that is steering, a violation of the federal Fair Housing Act.
- Which of the following is a requirement for a valid lease?
lease expiration
Explanation: A lease generally needs an expiration date, either the date an esetate for eyars will end, or the date a periodic estate will renew unless proper notice of termination has been given.
- A subdivision that deed restrictoins that create a community nature train from the rea ten feet of every owner’s property. One owner decided that he wanted to use that part of this yard to have a storage shed instead. If the other owners wnat to keep him from doing that, they should:
file for an injunction in the appropriate court
Explanation: Homeowners who wish to enforce a deed restriction against another owner who plains to violate the restriction may do so by seeking an injunction, which is a legal order that prohibits a person from taking a particular action.
- A homeowner with a mortgage sells his home to a purchaser who agrees to assume the mortgage. The purchaser applies for and obtains the lender’s approval and the seller is released from liability for the mortgage. This is an example of:
novation
Explanation: This assumption is actually a novation, because the lender released the seller from liabilty. The purchaser has entered into a new loan agreement with the lender that replaces the original agreement between the seller and the lender.
- Bartholomew leases several acres from Stan so he can grow strawberries. However, when Bartholomew arrives at teh property to plant his strawberries, he realizeds that Stan is already farming the acreage. Bartholomew does not have to pay rent to Stan because of the:
covenant of quiet enjoyment
Explanation: Every lease includes an impleid covenant of quiete enjoyment. This is the promise that the tenant’s possession will not be disturbed, either by the landlord or by a third party with a lawful claim to the property. A breach of teh implied covenant of quiet enjoyment may be considered constructive eviction, releasing the tenant from the duty to pay rent as agreed.
- A buyer is planning to purchase a property where he can operate a small mechanic’s shop out of his home. He eventually finds a property he likes, and tells the lsting agent his plans. However, after closing he finds out that there are deed restrictiions that prevent him from operating such a business from his home. Which of the following is true?
Since teh agent knew the buyer’s intended use, the agent should have investigated wheterh it was feasible or informed the buyer that he or his agent shoudl investigate
Explanation: The seller’s agent does not ow ea duy of loyalty to the buyer, so he is not required to investigate anything on the buyer’s behalf. However, the duy of honesty and good faith would likely compel him to at least recommend to the buyer that he or his agent should investigage the matter further. The listing agent should know that the zoning or deed restricitions would prevent most residential properties from beign used for a mechanic’s shop; the issue is a material fact and not advising the buyer to look into it could lead to a lawsuit.
- Which of teh following is the propert method for determining the growss income multiplier?
Divid sales price by gross income
Explanation: The gross income multiplier method involves dividng a comparable’s sales price by its gross income to determine the multiplier.
- TempWorks leased space form Consiolidated Properties for an eight-year term. The lease did not include aprovision regarding assignment of the lease. Two years later, Super Temps budget out TempWorks. TemWorks can:
assign its leashold estate to SuperTemps
Explanation: Absent aprovision in the elase to the contrary, a tenant may assign or sublease the leased space.
- Which of teh following is a latent defect that would need to be disclosed?
A crack in the basement wall that is covered by paneling.
Explanation: A latent defect is a problem that woul not be discovered by ordinary inspection. If a crack is obscured by paneling, it is not liekly to be observed and therefore must be disclosed to prospective buyers. The other options are all planingly visible upon spection and therefore are not latent defect.
- A landlord occasionally uses his mast key to enter rental houses that he owns while residents are away. He avoids giving notice because he’s lookding for undisclosed pets, and damage or phsyical problems, and the like. This would be:
not allowed under teh implied covenant of quiet enjoyment
Explanation: A landlord may enter the leased premises only with adnvance notice or the tenatl’s permission. Entry without notice or permission is a breach of the impled convenant quiet enjoyment, the landlord’s promise that the tenant’s exclusive possession of the property will not be disturbed.
- The closing date is August 16. The property’s fair market value is $180,000. In this community, property is assessed at 50% of its market value, and taxes are applied aa 55 miles per dollar or assessed value. using a 365-day calendar year and assuming the buyer is responsible for the closing day, what would the buyer’s prorated share of the annual property taxes be?
$1,871.28
Explanation: This problem two requires two steps: finding the annual property taxes, and then prorating them. Begin with the tax assessment problem. The assessed value is 50% of the market value ($180,000 x .5 = $90,000). The tax is calculated using mills, which are equivalent to one-tenth of a cent, so 55 miles equals 5.5.cents on the dollar ($90,000 x .055 = $4,950). Next, prorate the annual tax amount. First find the pier deim amount usinga 365-day year ($4,950 / 365 = $13.56). Calculate the number of days fo which the buyer is responsible (16 in August, including the closing date, 30 in September, 31 in October, 30 in November, and 31 in December = 138 days). Multiply the number of days by the per diem rate to find the amount the buyer must pay at closing, to cover teh remainder of the year’s taxes ($13.56 x 138 = $1,871.28).