Core Exam Prep 2 Real Estate

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1. "As Is" is permitted when:

Explanation

"As Is" is permitted when a buyer is fully informed about known defects before binding to a contract. This means that the buyer is aware of any issues or problems with the property and agrees to purchase it in its current condition, without any expectation that the seller will make any repairs or improvements. By being fully informed about the known defects, the buyer can make an informed decision about whether or not to proceed with the purchase.

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About This Quiz
Core Exam Prep 2 Real Estate - Quiz

The 'Core Exam Prep 2 Real Estate' quiz assesses knowledge in real estate law, focusing on joint tenancy, mortgages, and contractual disputes. It prepares learners for real estate... see morelicensure and enhances understanding of property rights and legal implications in real estate transactions. see less

2. Which of the following may be attached to the land:

Explanation

All of the options listed (trees, buildings, water rights) can be attached to the land. Trees can be considered attached to the land as they are rooted in the ground. Buildings are physically attached to the land as they are constructed on it. Water rights refer to the legal rights to use water from a specific source, which can also be attached to the land. Therefore, all of the options mentioned can be attached to the land.

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3. Consideration may be in the form of:

Explanation

The correct answer is "All of the above" because consideration can be in the form of a trust deed, promissory note, or cash. Consideration refers to something of value that is exchanged between parties in a contract, and it can take various forms. In this case, all three options mentioned (trust deed, promissory note, and cash) can be considered as valid forms of consideration in a contract.

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4. A dual agency is permitted when:

Explanation

A dual agency is permitted when both the buyer and the seller agree to it. This means that both parties are aware and consent to the same real estate agent or brokerage representing both sides of the transaction. This arrangement can be beneficial for the agent or brokerage as they can earn a higher commission, but it can also present potential conflicts of interest. Therefore, it is important for both the buyer and seller to fully understand and agree to the dual agency before proceeding with it.

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5. A contingency in a contract is:

Explanation

A contingency in a contract refers to an uncertain event or condition that may occur in the future, which could affect the terms and performance of the contract. The nature of the contingency refers to the specific event or condition that is uncertain, such as a natural disaster or a change in market conditions. The duration of the contingency refers to the period of time during which the event or condition may occur and impact the contract. The method to remove the contingency refers to the actions or steps that need to be taken to address and mitigate the impact of the contingency on the contract. Therefore, all of the above options are correct in describing different aspects of a contingency in a contract.

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6. Which of the following must be given to a buyer of a condominium unit?

Explanation

A buyer of a condominium unit must be given a copy of the CC and R's (Covenants, Conditions, and Restrictions), which outline the rules and regulations of the condominium association. They must also be given a copy of the bylaws, which specify how the association is governed. Additionally, the buyer must receive a copy of the most recent financial statement of the association, providing information about the financial health of the association. Therefore, all of the above documents must be given to the buyer of a condominium unit.

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7. Which of the following is misrepresentation?

Explanation

The correct answer is "All of the above". This means that all of the options listed - material to contrary, information known by the broker that is false, and false information to bind a buyer to a contract - are examples of misrepresentation. Misrepresentation refers to providing false or misleading information that can deceive or mislead someone, leading to a misunderstanding or harm. In this case, all three options involve providing false information or withholding important information, which can be considered misrepresentation.

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8. A master plan shows:

Explanation

A master plan shows all of the above - streets and freeways, residential and commercial zoning, and safety. This means that a master plan includes the layout and design of streets and freeways, the allocation of areas for residential and commercial purposes, and considerations for safety measures. It is a comprehensive plan that encompasses all these aspects to guide the development and organization of a particular area or community.

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9. On August 5th, a buyer gave broker Gutierrez a personal check for $1,000 made  payable to the seller.  The buyer instructed broker Gutierrez that the check should be  held un-cashed until August 30th.  Broker Gutierrez must do following:

Explanation

The correct answer is that the broker may accept the deposit and instruct the seller that the check has to be held until August 30th. This is because the buyer specifically instructed the broker to hold the check until that date. By following the buyer's instructions, the broker is acting in accordance with the agreement between the buyer and seller.

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10. The construction industry is regulated by:

Explanation

The construction industry is regulated by state housing law, local building codes, and contractors license law. State housing law establishes regulations and standards for housing construction and ensures the safety and quality of housing. Local building codes specify the requirements for construction projects within a specific jurisdiction, such as building materials, structural integrity, and fire safety. Contractors license law mandates that contractors obtain a license to ensure they meet certain qualifications and standards in their work. Therefore, all of these regulations play a role in regulating the construction industry.

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11. A commission to an agent may be in the form of:

Explanation

A commission to an agent can be given in different forms such as cash, trust deed, or a note. These forms of payment provide flexibility to both the agent and the party providing the commission. Cash is the most common form of payment as it is easily transferable and can be used immediately. Trust deeds and notes are more complex forms of payment that involve legal agreements and future payments. By offering all of these options, the party providing the commission can cater to the preferences and needs of the agent.

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12. Which of the following report is the most complete report?

Explanation

A narrative report is the most complete report because it provides a detailed and comprehensive account of events, experiences, or observations. It typically includes a clear introduction, body paragraphs that present information in a logical sequence, and a conclusion that summarizes the main points. This type of report allows for a thorough analysis and interpretation of data or information, providing a comprehensive understanding of the topic being discussed. In contrast, a form report is usually a standardized document that collects specific information, while a letter report is a more concise and focused report that is typically written in letter format. Neighborhood data is not a type of report, but rather refers to specific information about a particular area or community.

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13. Riparian rights is the right of owners who are located on borders of:

Explanation

Riparian rights refer to the legal rights and privileges that owners of land located along rivers and streams have. These rights include the use and access to the water for domestic, agricultural, and recreational purposes. Bays and arms of the sea, as well as subterranean cavities, are not included in riparian rights. Therefore, the correct answer is "River and streams."

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14.   Property may be substituted by: 

Explanation

The term "property" can refer to various things depending on the context. It can refer to physical objects such as land or buildings (design), it can refer to the income or profits generated from a business or investment (earnings), or it can refer to the purpose or function of something (use). Therefore, property can be substituted by any of the above options depending on the specific situation or interpretation.

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15. Which of the following is not a valid reason for the seller to terminate an exclusive  listing?

Explanation

One of the seller's relatives getting a real estate license and the seller wanting her to have the listing is not a valid reason for the seller to terminate an exclusive listing. The validity of a reason for termination typically depends on factors such as legal issues, financial situations, or the broker's competence. However, the seller's personal preference for a specific relative to have the listing is not a valid reason that would justify terminating the exclusive listing agreement.

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16. The owner of land owns riparian rights to water on, under, or adjacent to the land in  which of the following:

Explanation

The owner of land owns riparian rights to water on, under, or adjacent to the land in rivers or streams. Riparian rights refer to the legal rights of a landowner to use and access water from a river or stream that flows through or borders their property. These rights typically include the right to use the water for domestic purposes, irrigation, and livestock watering, as well as the right to maintain the natural flow of the water. The owner does not automatically have riparian rights to water in oceans and bays or underground caves with water.

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17. A man owns six separate parcels of real property.  He wants to offer all of the parcels as  security for a mortgage loan.  The mortgage that he obtains will probably be: 

Explanation

A blanket mortgage is the most likely type of mortgage that the man will obtain because he wants to offer all six parcels of real property as security for the loan. A blanket mortgage allows multiple properties to be used as collateral for a single loan, providing flexibility for the borrower. This is different from a trust deed, which involves a third party holding the property as security, and a security mortgage, which is a general term that can refer to any mortgage secured by property.

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18. If the seller presented the hazard disclosure statement to the buyer, which of the  following is true: 

Explanation

The correct answer is that the seller and seller agent are obligated to disclose any material hazard for which they are aware. This means that if the seller or seller agent knows about any potential hazards or risks associated with the property, they must disclose this information to the buyer. Simply presenting the hazard disclosure statement is not sufficient, and they cannot withhold any other relevant information. It is their responsibility to provide full disclosure to the buyer.

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19. Which of the following is a violation of Federal Housing Law according to periodic  tenancy?

Explanation

Acquiring co-signers for unmarried persons only is a violation of Federal Housing Law according to periodic tenancy because it discriminates against unmarried individuals based on their marital status. Federal Housing Law prohibits discrimination in housing based on protected characteristics such as marital status. Therefore, requiring co-signers only for unmarried persons would be considered discriminatory and a violation of the law.

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20. The authority that prohibits an agent to do an act of fraud is found in:

Explanation

The correct answer is the Business and Professions Code. This code serves as the authority that prohibits an agent from engaging in fraudulent activities. It outlines the rules and regulations that agents must adhere to in order to maintain ethical conduct in the real estate industry. By referencing this code, agents are able to understand their responsibilities and obligations when it comes to preventing fraud and acting in the best interest of their clients.

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21. Eminent Domain may be exercised by:

Explanation

Eminent Domain may be exercised by any of the entities mentioned in the options, including cities, public utilities, and public education. Eminent Domain is the power of the government to take private property for public use, provided that just compensation is given to the property owner. This power can be exercised by various government entities, depending on the specific circumstances and needs of the public. Therefore, any of the options mentioned in the question could potentially exercise the power of Eminent Domain.

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22. A hispanic wants to be shown property in certain neighborhoods.  The real estate agent  should:

Explanation

The correct answer is to show him properties as any other client. This is the most fair and unbiased approach, treating the Hispanic client the same as any other client. It is important for real estate agents to provide equal service to all clients, regardless of their ethnicity or background.

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23. Buyer and seller decided to cancel the transaction.  The seller instructed the broker to  return the buyer's deposit.  The broker should: 

Explanation

The correct answer is to return the deposit as instructed. In this scenario, the buyer and seller have mutually agreed to cancel the transaction. As a result, the seller has instructed the broker to return the buyer's deposit. The broker's responsibility is to follow the seller's instructions and return the deposit accordingly. There is no mention of the broker suing the buyer for their commission or collecting the commission in court from the seller, so these options are not relevant in this situation.

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24. Deed covenants that limit the conveyance of properties to persons of the minority group,  these restrictions:

Explanation

Deed covenants that limit the conveyance of properties to persons of the minority group have no effect on the conveyance covenant and are unenforceable. This means that these restrictions cannot be legally upheld and do not impact the ability to transfer the property to anyone, regardless of their minority status.

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25. John entered into a right to sell listing with Broker Otis.  John gave Otis $100 to  advertise the property.  The payment of the $100 to Otis must:

Explanation

The correct answer is to deposit in the trust account and use for the purpose intended. This is because when John gave Otis $100 to advertise the property, it is considered as a payment that needs to be deposited in the trust account. The trust account is used to hold funds that belong to clients or customers and should be used only for the specific purpose intended, in this case, advertising the property.

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26. Broker Marshall sold to Sanders a property AS IS.  Marshall and seller knew about  problems with the plumbing.  Sanders after close of escrow discovered the problems  with the plumbing.  If the buyer wants to seek legal proceedings, he will be:

Explanation

The correct answer is successful because the duty to disclose material fact cannot be avoided by AS IS. Even if a property is sold "AS IS," the seller still has a legal obligation to disclose any material defects or problems with the property. In this case, both the broker and the seller were aware of the plumbing problems and failed to disclose them to the buyer. Therefore, the buyer would have grounds to seek legal proceedings against them.

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27. Which of the following is a fiduciary relationship?

Explanation

A fiduciary relationship is a legal relationship in which one party (the agent) is entrusted with the responsibility to act in the best interests of another party (the principal). In this case, an agent is someone who is authorized to act on behalf of the principal and has a duty to act in the principal's best interests. Therefore, the correct answer is "Agent to principle".

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28. Hanson wants to buy a property and talks to Broker Cohen about that particular  property that he wants to buy.  Broker Cohen contacts the property owner and tells  him that Hanson wants to buy his property.  The owner tells the broker that the  property is not for sale.  Three months later, Hanson found out that the seller entered  into a purchasing contract with Hanson.  Under this circumstances broker Cohen:

Explanation

Broker Cohen is not entitled to anything because the property owner explicitly stated that the property is not for sale. Even though Hanson later entered into a purchasing contract with the seller, it was not due to any efforts or involvement of the broker. Therefore, the broker cannot claim any commission, time and labor compensation, or finder's fee.

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29. Under the real estate law, if an agent is found guilty of discrimination, the real estate commissioner will:

Explanation

Under real estate law, if an agent is found guilty of discrimination, the real estate commissioner has the authority to revoke or suspend the agent's license. This means that the agent's license to practice real estate can be completely taken away or temporarily suspended as a consequence of their discriminatory actions. This is a serious penalty that serves as a deterrent and ensures that agents adhere to fair housing laws and do not engage in discriminatory practices.

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30. Broker Hadley took a listing from Watanabe for 30 days.  Watanabe gave instructions  to Hadley that he could purchase the property himself.  After the 27th day, Hadley  decided to buy the property.  Broker Hadley present to the seller: 

Explanation

Since Hadley took a listing from Watanabe and had the option to purchase the property himself, he would need to disclose his interest in the property to the seller. Additionally, as the broker representing the seller, Hadley would need to disclose the net amount that the seller would receive from the sale, as well as any commission that Hadley would earn from the transaction. Therefore, all of the options listed (His Interest on the property, The net amount to the seller, Commission disclosure) would need to be presented by Hadley to the seller.

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31. The agent who will earn a commission is the one that

Explanation

The agent who will earn a commission is the one that communicated the offer and acceptance from the seller to the buyer. This means that the agent played a crucial role in facilitating the agreement between the two parties, ensuring that both the seller and the buyer were in agreement with the terms of the offer. By effectively conveying this information, the agent demonstrated their value in the transaction and therefore is eligible to earn a commission.

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32. Followings will determine if an item is a fixture or not, except:

Explanation

The cost of an item does not determine if it is a fixture or not. The determination of whether an item is a fixture or not is based on factors such as intention, agreement, and relationship. The cost of the item is not relevant in this determination.

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33. A sale of a property through probate, the commission will determine by:

Explanation

In the sale of a property through probate, the commission is determined by a court order. This means that the court has the authority to decide the amount of commission that will be paid to the relevant parties involved in the sale. The court takes into consideration various factors such as the complexity of the case, the efforts put in by the parties, and any applicable laws or guidelines. The court order ensures a fair and equitable distribution of commission in accordance with the legal requirements and the specific circumstances of the probate sale.

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34. Broker Taylor listed a property for $55,000 with instruction from the seller that the  minimum down payment not to exceed 23%.  The broker then presented an offer with  all cash and the seller rejected the offer.  With this circumstance:

Explanation

The correct answer is that the seller can turn down the offer without liability and pay no commission because the offer did not meet the requirements in the listing. This means that since the offer was all cash and did not meet the minimum down payment requirement of not exceeding 23%, the seller has the right to reject it without any consequences or obligation to pay commission to the broker.

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35. As to ethics, the best guidelines to determine if an action is ethnical will be found in  which of the following: 

Explanation

The Business and Professions Code is the best guideline to determine if an action is ethical because it provides a set of laws and regulations that govern professional conduct in various industries, including real estate. These laws and regulations are designed to ensure that professionals act in a manner that is fair, honest, and in the best interest of their clients. By following the guidelines outlined in the Business and Professions Code, real estate agents can make informed decisions and uphold ethical standards in their practice.

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36. Amezcua was asked to disclose her ethnicity in the loan application:

Explanation

The correct answer is "Refuse to disclose the portion of the loan application." This answer suggests that Amezcua should not disclose her ethnicity in the loan application. This could be because disclosing one's ethnicity should not be a requirement for a loan application, as it could potentially lead to discrimination or bias. By refusing to disclose this information, Amezcua is standing up for her rights and ensuring that she is not unfairly treated based on her ethnicity.

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37. When a broker is representing both buyer and seller on an exchange transaction and  doesn't disclose his dual agency.   The remedy of the parties is:

Explanation

When a broker represents both the buyer and seller on an exchange transaction without disclosing their dual agency, it is considered a breach of fiduciary duty. In this situation, the remedy for the parties involved is to not pay any commission to the broker, cancel the transaction, and potentially pursue legal action by suing for criminal and civil charges. All of these options are available to the parties as a means to address the broker's failure to disclose the dual agency, protect their interests, and seek compensation for any damages incurred.

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38. When appraising an old residential property in regards to periodic tenancy:

Explanation

When appraising an old residential property in regards to periodic tenancy, it is important to compare it to rentals and comparables in the area. This allows the appraiser to assess the property's value based on similar properties in the same location and rental market. By comparing to rentals and comparables in the area, the appraiser can determine a fair and accurate value for the property.

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39. A contract replaced entirely by a new one is known as:

Explanation

Novation refers to the act of replacing an existing contract with a new one, where the rights and obligations of the parties involved are transferred to a new set of parties. This means that the original contract is entirely replaced by the new one, with no amendments or modifications made to the original terms. Therefore, the correct answer is Novation.

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40. A clause on a trust deed that agrees to be on a lower position is known as:

Explanation

A subordination clause is a clause in a trust deed that agrees to be on a lower position. This means that in the event of default or bankruptcy, the subordinated party will be paid after the higher-ranking parties have been paid. This clause is often included in loan agreements to protect the interests of the primary lenders and ensure that they are repaid before any subordinate creditors.

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41. An agency relationship is represented by: 

Explanation

A written agreement represents an agency relationship because it provides a clear record of the terms and conditions agreed upon between the principal (the person authorizing the agent to act on their behalf) and the agent (the person authorized to act on behalf of the principal). A written agreement helps to establish the rights, responsibilities, and obligations of both parties, ensuring clarity and minimizing misunderstandings. It also serves as evidence in case of any disputes or legal issues that may arise during the course of the agency relationship.

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42. The Federal Fair Housing Law declares a United States policy of: 

Explanation

The correct answer is "Providing Fair Housing for persons throughout the United States." The Federal Fair Housing Law aims to ensure equal access to housing for individuals in the United States, regardless of their race, color, religion, sex, national origin, familial status, or disability. This law prohibits discrimination in the sale, rental, and financing of housing, and promotes fair housing practices to eliminate prejudice and ensure equal opportunities for all individuals.

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43. Buyer and seller entered in a contract and the buyer asks the broker to move into the  property before closing of escrow, the broker must: 

Explanation

The correct answer is to obtain written consent from the owner. In a situation where the buyer asks the broker to move into the property before closing of escrow, the broker must obtain written consent from the owner. This is important to ensure that all parties involved are aware and in agreement with the arrangement. Written consent provides a clear record of the agreement and helps to avoid any misunderstandings or disputes in the future.

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44. A broker must have in writing of any employments with which of the following:

Explanation

A broker must have in writing the employment agreements with secretaries, janitorial employees, and real estate staff. This is important to ensure clarity and protection for both parties involved. Having written agreements helps to outline the terms and conditions of employment, including roles, responsibilities, compensation, and any other relevant details. It also serves as a legal document that can be referred to in case of any disputes or misunderstandings. Therefore, it is necessary for a broker to have written employment agreements with all of the mentioned categories of employees.

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45. What State agency would be a consumer contact in order to obtain a written report  disclosing the presence of wood destroying organisms?

Explanation

The correct answer is the Structural Pest Control Board. This agency would be the appropriate contact for obtaining a written report that discloses the presence of wood destroying organisms. The other options, such as the Department of Real Estate, Department of Corporations, and Department of Housing and Development, are not specifically related to pest control or wood destroying organisms.

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46. Which of the following policies covers all the risks?

Explanation

No policy covers everything means that none of the mentioned policies provide coverage for all risks. This implies that each policy has its limitations and exclusions, and there is no single policy that can protect against all possible risks. Therefore, individuals may need to consider multiple policies or additional coverage options to adequately protect themselves against various risks.

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47. When comparing real property to personal property:

Explanation

Real property refers to land and any permanent structures attached to it, such as buildings or houses. It is considered immovable by law because it cannot be easily transferred or moved from one location to another. On the other hand, personal property refers to movable assets that can be physically transferred, such as vehicles, furniture, or jewelry. Therefore, the correct answer is "Immovable by law" as it distinguishes real property from personal property based on their transferability.

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48. A binding contract represents:

Explanation

A binding contract represents the mutual agreement between two parties, where one party makes an offer and the other party accepts it. This implies that both parties have reached a consensus on the terms and conditions of the contract, creating a legally enforceable agreement. The offer and acceptance are essential elements of a binding contract, as they demonstrate the intention of the parties to be bound by the terms of the agreement.

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49. A brother and sister owned a property as joint tenants.  The brother died penniless and  left unsecure debts, the title to the sister is now:

Explanation

When two individuals own a property as joint tenants, they each have an equal share and right to the property. In this scenario, the brother's death does not affect the sister's ownership of the property. Since the brother died penniless and left unsecured debts, those debts do not transfer to the sister. Therefore, the sister is now the sole owner of the property, free and clear of any debts from the brother.

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50. An exclusive agency listing may be for a period of:

Explanation

An exclusive agency listing allows the agent to be the sole representative of the seller, meaning that the seller cannot work with any other agents during the listing period. The duration of the listing can vary and is determined by an agreement between the agent and the seller. This allows for flexibility and ensures that both parties are satisfied with the length of the listing period.

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51. In the event a person is discriminated against in violation of Title VIII of the Civil  Rights Acts of 1968, that person may seek relief by:

Explanation

The correct answer is "Any of the above." This is because Title VIII of the Civil Rights Acts of 1968 provides multiple avenues for seeking relief in the event of discrimination. The person can choose to file a civil action in a state court, file a complaint with the Secretary of HUD, or file a civil action in a federal court. All of these options are available to the person who has been discriminated against under Title VIII.

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52. Police power to divide the land into districts is by:

Explanation

Zoning refers to the power of the police to divide land into different districts based on specific regulations and guidelines. This allows for the orderly development and use of land, ensuring that different areas are designated for different purposes such as residential, commercial, or industrial use. Zoning helps to maintain the overall organization and functionality of a city or town, and ensures that land is used in a way that benefits the community as a whole.

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53. Which of the following factors would tend to make real estate values unstable in a  residential neighborhood? 

Explanation

The presence of an increasing amount of average priced homes in a neighborhood with a number of high priced homes would tend to make real estate values unstable. This is because the value of the high priced homes may be negatively affected by the presence of lower priced homes, leading to a potential decrease in overall property values in the neighborhood. This could make it more difficult for homeowners in the neighborhood to sell their properties at desired prices and could also impact the overall desirability of the neighborhood.

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54. Misuse of the term "Realtor" is

Explanation

Misuse of the term "Realtor" is a violation of the California Real Estate Law. This means that using the term incorrectly or falsely claiming to be a Realtor when one is not can result in legal consequences. It is important to adhere to the laws and regulations governing the real estate industry in order to maintain ethical and legal practices.

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55. Before his death, Westland had several listings.  Now, Westland's daughter is taking  over the business.  In regards to listings:

Explanation

Since the question states that Westland had several listings before his death and now his daughter is taking over the business, it can be inferred that the listings would automatically be cancelled and the daughter would need to re-list the properties for the clients. This is because a change in ownership or management often requires updating and re-establishing business agreements and contracts, including property listings.

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56. A real estate broker discovers that one of the agents was receiving referral fees from a  lender that they do business with.  The broker fired the agent and warned the other  agents not to receive any referrals according to the real estate law: 

Explanation

The correct answer is that both the broker and salesperson may be subject to prosecution. This is because the real estate law prohibits receiving referral fees from lenders that they do business with. Therefore, both the broker and the salesperson are in violation of this law and may face legal consequences.

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57. Followings will determine if an item is a fixture or not, except:

Explanation

The time factor does not determine whether an item is a fixture or not. The determination of whether an item is a fixture is typically based on factors such as intention, agreement, and relationship. Time alone does not play a significant role in determining the status of an item as a fixture.

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58. The activity of an unlicensed person working for a real estate office according to the  department of real estate:

Explanation

According to the department of real estate, an unlicensed person working for a real estate office must be under the supervision of a licensed individual. This means that the agent cannot work independently and must have a licensed person overseeing their activities.

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59. Which of the following is true in regards to Hazard Safety Disclosure Statement and  Transfer Disclosure Statement?

Explanation

The correct answer is that the buyer must check the public posted maps to discover and disclose existing hazard information if it is available. The transfer disclosure statement is limited to information that the owner knows. This means that in order to provide a complete hazard disclosure, the buyer must actively seek out and disclose any existing hazard information that is publicly available. The transfer disclosure statement, on the other hand, is limited to the information that the current owner is aware of.

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60. A written contract between the broker and salesperson has to be in writing according  to: 

Explanation

The written contract between the broker and salesperson has to be in writing according to the Rules and Regulations of the Real Estate Commissioner. This means that it is a requirement set by the governing body that oversees real estate practices. It is important for the contract to be in writing to ensure clarity and protection for both parties involved.

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61. Federal law requires sellers, landlords, and remodelers to disclose known information  of lead-based paint hazards.  It is assumed that lead paint was last used on homes built  before:

Explanation

The federal law requires sellers, landlords, and remodelers to disclose known information about lead-based paint hazards. The question asks for the year when it is assumed that lead paint was last used on homes built before a certain year. The correct answer is 1978, indicating that lead paint was assumed to have been last used on homes built before that year.

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62. A tenant may be justified in abandoning a leased property if the landlord has  constructively evicted the tenant.  Which of the following acts would be an example of  constructive eviction?

Explanation

The correct answer is "All of the above". This is because all three acts mentioned - showing the property to a new tenant, failing to make necessary repairs, and making extensive alterations - can be considered examples of constructive eviction. Constructive eviction occurs when the landlord's actions or failure to act make the property uninhabitable or significantly interfere with the tenant's use and enjoyment of the property, leading the tenant to abandon the lease. In this case, all three acts mentioned can be seen as actions that would justify a tenant in abandoning the property.

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63. All of the following are necessary for a valid contract, except:

Explanation

A valid contract requires a meeting of the minds, meaning that both parties involved must have a mutual understanding and agreement on the terms of the contract. It also requires a lawful object, meaning that the purpose of the contract must be legal and not against public policy. Consideration is another necessary element, which refers to something of value exchanged between the parties. However, payment of money or performance is not necessary for a valid contract as there are other forms of consideration that can be exchanged, such as goods, services, or even promises.

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64. Mr. Arturian granted a property to Macy with a condition not to drink alcohol  beverages.  Macy's ownership is now described as: 

Explanation

Mr. Arturian granted a property to Macy with a condition not to drink alcohol beverages. This condition creates a limitation on Macy's ownership, as it can be terminated or revoked if Macy violates the condition. Therefore, Macy's ownership is described as fee simple defeasible, which means that it is subject to a condition or limitation that could result in the termination of the ownership rights.

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65. A contractor was installing a new hardwood floor and was unpaid and placed a lien on  the property.  The lien started running from:

Explanation

The lien started running from the commencement of the installation of the hardwood floor. This means that the contractor's right to place a lien on the property and seek payment for their work began as soon as they started installing the hardwood floor. The lien does not start after the installation is complete, after a certain number of days, or after any specific documentation is recorded.

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66. An agent is authorized to accept a deposit on behalf of the seller, this is found in which  of the following contracts:

Explanation

The listing agreement is a contract between the seller and the real estate agent, outlining the terms and conditions of the sale of the property. As part of the listing agreement, the agent is authorized to accept a deposit on behalf of the seller. This allows the agent to collect a deposit from potential buyers as a sign of their intent to purchase the property. Therefore, the correct answer is the listing agreement.

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67. In a new developed subdivision, the Real Estate Commissioner was informed of  misrepresentations being made by the developer.  The commissioner may stop the sale  of more lots by:

Explanation

The Real Estate Commissioner may stop the sale of more lots by issuing a desist and refrain order. This order would prohibit the developer from engaging in any further misleading or deceptive practices in the sale of the lots. It is a legal action taken to prevent the developer from continuing their misrepresentations and protect potential buyers from being deceived. This action does not involve revoking the final public report, filling an accusation, or suspending the developer's contractor's license.

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68. Cost approach is used in:

Explanation

The cost approach is a method used to estimate the value of a property based on the cost of replacing or reproducing it. It is commonly used for new buildings because there is a clear understanding of the construction costs involved. The cost approach takes into account the cost of land, materials, labor, and other factors necessary to construct a similar property. By considering the cost of constructing a new building, the cost approach provides an estimate of the property's value.

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69. Buyer makes offer to buy a home including all the appliances.  Seller is willing to accept  offer, but will not include all of the appliances.  Agent crossed out buyer's requirement  for all appliances without the knowledge or consent from the buyer.  Seller then  accepted the "modified offer."  Agent's action was: 

Explanation

The agent's action of crossing out the buyer's requirement without their knowledge or consent is considered illegal. This is because the agent made changes to the offer without proper authorization, which goes against the principles of contract law. The agent should have communicated with the buyer and obtained their consent before modifying the offer.

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70. An example of police power:

Explanation

Zoning is an example of police power because it is a legal mechanism used by local governments to regulate land use and development. Through zoning, authorities can divide a municipality into different zones or districts, each with specific regulations and restrictions on how the land can be used. This allows the government to promote public health, safety, and welfare by ensuring that certain activities or structures are appropriately located and that incompatible land uses are separated. Zoning can help maintain the character of a neighborhood, control population density, and prevent conflicts between different types of land uses.

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71. For a blind ads, it doesn't identify the: 

Explanation

A blind ad is an advertisement that does not identify the broker. This means that the ad does not disclose the name or contact information of the broker who is advertising the product or service. The purpose of a blind ad is to generate interest and inquiries without revealing the identity of the broker. This can be useful in situations where the broker wants to maintain confidentiality or create a sense of mystery around the product or service being offered. Therefore, the correct answer is "Broker" because a blind ad does not identify the broker.

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72. When can an agent refuse to transmit an offer?

Explanation

An agent can refuse to transmit an offer when they are acting on express instructions from the principal. This means that the principal has explicitly instructed the agent not to transmit the offer, and the agent is obligated to follow these instructions. In this situation, the agent is bound by the principal's wishes and must respect their decision.

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73. When an appraiser appraises a commercial building for $550,000, the appraiser must  have:

Explanation

The appraiser must have a general appraisal license in order to appraise a commercial building for $550,000. This license allows the appraiser to assess the value of various types of properties, including commercial buildings.

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74. Which of the following listing allows an agent may collect a commission even if sold  through the owner:

Explanation

An exclusive right to sell listing allows an agent to collect a commission even if the property is sold directly by the owner. This type of listing gives the agent the exclusive right to market and sell the property, regardless of who ultimately finds a buyer. The agent is guaranteed a commission as long as the property is sold during the listing period, regardless of who brings the buyer.

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75. The market data approach is accomplished by:

Explanation

The market data approach is accomplished by inferring the value of a property based on comparable properties. This means that the value of the property being assessed is determined by looking at the prices at which similar properties in the market have been sold. By comparing the features, location, and condition of the comparable properties to the subject property, an estimate of its value can be made. This approach is commonly used in real estate appraisals to determine the fair market value of a property.

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76. An easement attached to the land is known as:

Explanation

An appurtenant easement is an easement that is attached to and benefits a specific piece of land. It allows the owner of the dominant property to use a portion of the servient property for a specific purpose, such as access or utilities. This type of easement is typically transferred with the land, meaning that if the dominant property is sold, the new owner will also have the right to use the easement.

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77. Conditions affecting interest rates and the availability of loan funds vary overtime.   When would it be advantageous for a lender to waive a payment penalty clause  contained in a promissory note?

Explanation

In a tight money market where there is a lack of funds available for real estate loans, it would be advantageous for a lender to waive a payment penalty clause contained in a promissory note. This is because in such a market, borrowers may have difficulty finding alternative sources of funds, and by waiving the penalty clause, the lender can attract more borrowers and potentially increase their loan portfolio.

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78. David sold his friend's home in Yolo County.  David has no license and received a  commission.  Who will prosecute David?

Explanation

The District Attorney is responsible for prosecuting individuals who commit crimes, including those who engage in illegal activities such as selling real estate without a license. Since David sold his friend's home without a license and received a commission, he can be prosecuted by the District Attorney for his actions.

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79. A lessee may abandon the property by all of the following, except:

Explanation

This answer is correct because the question asks for an exception to the ways in which a lessee may abandon the property. The other options listed are all valid reasons for a lessee to abandon the property, such as condemnation by eminent domain, failure of the landlord to make repairs, and eviction notice. However, when the property becomes dilapidated due to the tenant's negligence, it is not a valid reason for the lessee to abandon the property.

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80. In applying the principles of Easton vs. Strassburger case, the real estate licensees are  obligated to give prospective buyers:

Explanation

According to the principles of the Easton vs. Strassburger case, real estate licensees are obligated to provide prospective buyers with a list of known defects and those that should be known. This means that the licensees must disclose any defects that they are aware of, as well as any defects that a reasonable person in their position should have known about. This ensures that the buyer is fully informed about the condition of the property before making a decision to purchase it.

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81. Fuentes purchased Brown's house and agreed to assume the existing mortgage:

Explanation

When Fuentes purchased Brown's house and agreed to assume the existing mortgage, it means that Fuentes has taken over the responsibility of paying off the loan. This relieves Brown from any future liabilities or obligations towards the mortgage. Fuentes becomes the primary responsible party for repaying the loan, while Brown is no longer liable for it.

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82. A voidable contract is a contract that:

Explanation

A voidable contract is a contract that is valid and enforceable on its face, meaning that it meets all the legal requirements to be considered a valid contract. However, it may be rejected or canceled by one of the parties involved. This means that although the contract is initially binding, one of the parties has the option to void or cancel it if certain conditions or circumstances arise.

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83. An appraisal is least concern with general state economy in appraising for: 

Explanation

An appraisal for a medical dental building is least concerned with the general state economy because the demand for medical and dental services is generally not heavily influenced by economic conditions. People still require healthcare services regardless of the state of the economy. Therefore, the value of a medical dental building is more likely to be determined by factors such as its location, size, condition, and the demand for healthcare services in the specific area, rather than the overall state of the economy.

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84. When a property is being sold through an option, the broker must inform to the client  that he is acting as a: 

Explanation

When a property is being sold through an option, the broker must inform the client that he is acting as a principal. This means that the broker is not just an agent or intermediary, but is actually buying or selling the property on their own behalf. This distinction is important for the client to understand, as it affects the broker's obligations and responsibilities in the transaction.

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85. In the event a home was constructed in high quality cost of $190,000 at the  neighborhood of $100,000 value homes.  This is an example of: 

Explanation

This scenario is an example of economic obsolescence. Economic obsolescence refers to a decrease in the value of a property due to external factors such as changes in the surrounding neighborhood or economic conditions. In this case, the high-quality home is constructed in a neighborhood where the value of homes is only $100,000. This difference in value would likely impact the marketability and potential resale value of the home, resulting in economic obsolescence.

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86. CPI refers to:

Explanation

CPI refers to Consumer Price Index, which is a measure of the average change over time in the prices paid by urban consumers for a market basket of consumer goods and services. It is commonly used to track inflation and adjust lease payments for commercial properties. Therefore, the correct answer is "Commercial leases".

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87. Which of the following best refers to seller's market? 

Explanation

A seller's market refers to a situation where there is high demand for a product or service, but the supply is limited. This leads to an increase in prices as sellers have the advantage of scarcity. In this case, the correct answer is "High prices of a product with demand and supply lags" because it accurately describes the concept of a seller's market where prices are high due to limited supply and high demand.

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88. A document used to represent another person:

Explanation

A power of attorney is a legal document that allows one person (known as the principal) to appoint another person (known as the attorney-in-fact) to act on their behalf and make decisions or perform tasks on their behalf. The attorney-in-fact is authorized to represent the principal in various matters, such as signing legal documents, managing finances, or making healthcare decisions. Therefore, a power of attorney is a document that is used to represent another person and give them the authority to act on their behalf.

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89. The standard policy of title insurance consists of three processes.  Which of the  following is not one of the three processes?

Explanation

The correct answer is "Determination of correct boundary lines and property survey". This is not one of the three processes in the standard policy of title insurance. The three processes are: Amount of insurance required, Title investigation, and Protection of title losses.

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90. If a lender decides to take a deed in lieu of foreclosure:

Explanation

If a lender decides to take a deed in lieu of foreclosure, it means that the borrower willingly transfers the ownership of the property to the lender to avoid foreclosure. By doing so, the lender assumes any junior liens that may be attached to the property. This means that the lender becomes responsible for paying off any outstanding debts or liens that are subordinate to the primary mortgage. Therefore, the lender will own the property free and clear of the primary mortgage, but will still be responsible for any junior liens.

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91. Omedo's home is close to an airport.  Omedo's legal proceeding against government  authorities is called: 

Explanation

Inverse condemnation is the correct answer because it refers to a legal proceeding against government authorities when they take or damage private property without formally exercising their power of eminent domain. In this case, Omedo's home being close to an airport could potentially be affected by the government's actions, leading to an inverse condemnation claim.

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92. A listing must contain all of the following, except:

Explanation

A listing must contain compensation, lawful object, and unspecified consideration. However, it does not need to be notarized by a notary. Notarization is a process where a notary public verifies the authenticity of a document and the identity of the signatories. While it may be beneficial to have a listing notarized for added legal protection, it is not a requirement.

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93. Under the truth and lending law disclosure is presented by:

Explanation

Under the truth and lending law, the disclosure is presented by the lender. This means that the lender is responsible for providing all necessary information and details regarding the terms and conditions of the loan or credit being offered. This disclosure is important to ensure transparency and to protect the borrower's rights by providing them with the necessary information to make an informed decision. The lender is legally obligated to provide this disclosure to the borrower before any agreement or contract is finalized.

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94. Jack leases a single family dwelling property from Mr. Michaels.  After the lease  agreement is signed and Jack moves in, Mr. Michaels insists that Jack to sign a contract  with an agreement to make substantial capital improvements to the property.  This  requirement by the lessor would render the lease contract:

Explanation

The lease contract would be voidable by the lessee because Mr. Michaels is imposing an additional requirement on Jack after the lease agreement has already been signed and Jack has moved in. This requirement to make substantial capital improvements to the property was not part of the original lease agreement and is being added later, which goes against the terms of the initial contract. Therefore, Jack has the right to void the lease contract if he does not agree to this new requirement.

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95. According to the department of real estate, if an agent wants to advertise on the World  Wide Web:

Explanation

According to the department of real estate, the correct answer is that an agent can only advertise on the World Wide Web using advertisements provided by qualified real estate licensees. This means that the agent cannot create their own advertisements or use advertisements from individuals who are not qualified real estate licensees. The department of real estate has specific regulations in place to ensure that only licensed professionals are involved in advertising real estate on the internet.

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96. An estate at sufferance:

Explanation

An estate at sufferance refers to a situation where a tenant continues to possess the leased property after the expiration of their lease term without the landlord's approval. In this case, the tenant is essentially holding over without any legal right to do so. This can occur when a tenant fails to vacate the premises or renew the lease. The landlord may have the right to evict the tenant through legal means.

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97. Which of the following is not a lien?

Explanation

Restrictions are not considered a lien because they do not involve a creditor's claim on a property. Liens are legal claims that give creditors the right to take possession of a property if the debtor fails to repay a debt. Taxes, trust deeds, and judgments, on the other hand, are all examples of liens as they involve a creditor's claim on a property for unpaid taxes, mortgage debt, or court-ordered payments, respectively.

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98. A broker has a listing and one of his salesperson sells the listing.  This is known as: 

Explanation

Dual agency refers to a situation where a broker represents both the buyer and the seller in a real estate transaction. In this scenario, the broker has a listing and one of his salespeople sells the listing, which means that the broker is acting as a dual agent. As a dual agent, the broker has a fiduciary duty to both parties and must ensure that their best interests are protected. This arrangement can present potential conflicts of interest and requires the broker to maintain impartiality throughout the transaction.

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99. When a home is financed under the State of California Veterans Farm and Home  Purchase Plan, which of the following documents is used?

Explanation

When a home is financed under the State of California Veterans Farm and Home Purchase Plan, a real property purchase contract is used. This contract is a legally binding agreement between the buyer and seller that outlines the terms and conditions of the home purchase. It includes details such as the purchase price, financing terms, contingencies, and closing date. This document is essential in ensuring that both parties are aware of their rights and obligations during the home buying process.

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100. Joint tenant estate held by two joint tenants is severed and ended by the following,  except: 

Explanation

When one joint tenant executes a mortgage or deed of trust creating a lien against their interest, it does not sever or end the joint tenant estate. This means that the joint tenancy continues to exist, and the other joint tenant(s) still hold their interest in the property. The mortgage or deed of trust only creates a lien on the interest of the joint tenant who executed it, but it does not affect the joint tenancy as a whole.

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101. A home sold for $178,000 and leased at $1,200.  If another home is leased at $1,300 the value is:

Explanation

$178,000 / $1,200 = 148.33
148.33 X $1,300 = $192,833

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102. Under the income tax law, a salesperson is:

Explanation

According to the income tax law, a salesperson is considered a self-employed contractor. This means that they work independently and are not considered an employee of the broker they work for. As a self-employed contractor, the salesperson is responsible for their own taxes and expenses, and they are not entitled to benefits such as medical insurance from the broker.

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103. The City made a change in zoning that is not permitted in the construction industry.   This is an example of: 

Explanation

This is an example of a variance. A variance is a permission granted by a local government to allow a property owner to deviate from certain zoning regulations or building codes. In this case, the city made a change in zoning that is not permitted in the construction industry, indicating that they granted a variance to allow this change.

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104. The SW ¼ of the NW ¼ of Sec. 5 is valued at $800 per acre.  The S ½ of the NE ¼ of Sec.  8 is valued at $500 per acre.  What is the difference in value between the two parcels?

Explanation

SW ¼ of the NW ¼ of section 5 = 40 acres x $800 = $32,000
S ½ of the NE ¼ of section 8 = 80 acres x $500 = $40,000
$40,000 - $32,000 = $8,000

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105. Two friends hold title as joint tenants.  One borrowed money and executed a note deed                 of trust against the home.  In terms of affecting title, this action could: 

Explanation

By executing a note deed of trust against the home, the borrower has created a lien on the property. As joint tenants, both friends have equal ownership and rights to the property. If the borrower were to die before paying off the debt, the lien would still be in effect. This would put the beneficiary in a precarious position because they would now be responsible for the debt, potentially affecting their ownership and rights to the property.

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106. The purpose of a deed is:

Explanation

A deed serves as evidence of a change in title or an interest in a property. It provides legal proof that ownership of a property has been transferred from one party to another or that a specific interest, such as a mortgage or easement, has been created. The deed is an important document that establishes the rights and obligations of the parties involved and is often recorded in the county recorders office to ensure its validity and to provide public notice of the transaction.

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107. A document to transfer property from trustee to trustor is:

Explanation

A reconveyance deed is a legal document that transfers property from a trustee back to the trustor. This typically occurs when a mortgage or loan has been fully paid off, and the trustee is releasing their interest in the property. The reconveyance deed serves as proof that the trustor now has full ownership and control over the property. It is an important document in the process of transferring property rights and ensuring that the trustor's ownership is legally recognized.

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108. An appraiser will deduct the vacancy factor of an apartment to reach at:

Explanation

An appraiser will deduct the vacancy factor of an apartment to reach the effective gross income. This is because the vacancy factor represents the percentage of time that the apartment is expected to be vacant and not generating rental income. By deducting this factor from the gross income, the appraiser can calculate the effective gross income, which is the income generated by the property after accounting for vacancies.

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109. Which of the following is a commercial acre?

Explanation

An acre after deductions for streets, sidewalks, curbs, and alleys is considered a commercial acre because it refers to the area of land that remains after subtracting the space occupied by infrastructure such as streets, sidewalks, curbs, and alleys. This indicates that the remaining land is available for commercial use or development.

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110. A conflict in a contract between buyer and seller and also in the instructions to return  the deposit from the trust account.  The broker was unable to resolve the problem and  refers it to a third person by:

Explanation

In this situation, the correct answer is interpleader action. Interpleader action is a legal process in which a neutral third party, typically a court, is asked to resolve a dispute between two parties who both claim the same funds or property. In this case, the conflict between the buyer and seller regarding the return of the deposit from the trust account can be resolved through an interpleader action, where the court can determine the rightful recipient of the funds. This allows the broker to avoid being caught in the middle of the dispute and transfers the responsibility of resolving the conflict to a neutral party.

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111. The placement of a building on the land is known as:

Explanation

Orientation refers to the placement of a building on the land in relation to its surroundings, such as the direction it faces or its alignment with the sun. It involves considering factors like sunlight, wind patterns, and views in order to optimize energy efficiency, natural light, and overall functionality of the building. The orientation of a building can have a significant impact on its performance and the comfort of its occupants.

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112. The maximum fine that may be imposed by the Real Estate Commissioner against a  broker who pays an unlicensed person for soliciting borrowers or negotiating real  estate loan is:

Explanation

The maximum fine that may be imposed by the Real Estate Commissioner against a broker who pays an unlicensed person for soliciting borrowers or negotiating real estate loan is $10,000.

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113. When the Real Estate Commissioner wishes to proceed against a licensee for a  suspected violation for the Real Estate Law, the Commissioner must first serve the real  estate licensee with:

Explanation

When the Real Estate Commissioner wishes to proceed against a licensee for a suspected violation of the Real Estate Law, they must first serve the real estate licensee with an accusation. An accusation is a formal document that outlines the specific charges against the licensee and initiates the disciplinary process. It notifies the licensee of the alleged violations and gives them the opportunity to respond and defend themselves. Serving the licensee with an accusation is the first step in taking legal action against them for the suspected violation.

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114. In regards to appraisal, all of the followings are true, except:

Explanation

The cost approach is a method used to estimate the value of a property by considering the cost of replacing it with a similar property. It is commonly used in new construction, special properties, and commercial buildings. However, the cost approach does not set the lower limits of value. Instead, it provides an estimate of the upper limit of value, as it assumes that a buyer would not pay more for a property than the cost of acquiring a similar property.

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115. The ordinary repairs on a property are known as:

Explanation

Cosmetic maintenance refers to the regular repairs and upkeep of a property that are necessary to maintain its appearance and aesthetic appeal. These repairs are typically minor in nature and may include tasks such as painting, replacing fixtures, or fixing cosmetic damages. Unlike rehabilitation, which involves major renovations or improvements, cosmetic maintenance focuses on addressing minor issues and maintaining the overall appearance of the property. Therefore, it is the correct answer in this context.

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116. The date in the purchase contract is the date:

Explanation

The correct answer is "Final acceptance was communicated to the offeror." This means that the date in the purchase contract is the date when the offeror received the final acceptance of their offer. This is an important date because it marks the point at which the contract becomes legally binding. The other options, such as when the buyer signed or when the deposit was received, may be important dates in the process but are not necessarily the date that determines the validity of the contract.

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117. A board foot is:

Explanation

A board foot is a unit of measurement used in the lumber industry. It represents the volume of wood in a piece that measures one foot by one foot by one inch. Therefore, the correct answer is six inches by twelve inches by two inches, as this combination of dimensions equals one board foot.

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118. When comparing FHA and conventional loan, the conventional loan offers:

Explanation

The correct answer is "Lower loan to value ratio". This means that the conventional loan offers a lower loan amount compared to the value of the property being financed. This can be beneficial for borrowers as it reduces the risk for the lender and may result in lower interest rates and payments. FHA loans, on the other hand, typically have higher loan to value ratios, allowing borrowers to finance a larger portion of the property's value.

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119. Earthquake hazard report must be issued to properties in:

Explanation

An earthquake hazard report must be issued to properties in all counties. This means that regardless of the location within California or the type of structure, all properties in every county must receive an earthquake hazard report. This ensures that all residents and property owners are aware of the potential risks and can take necessary precautions to mitigate the impact of earthquakes.

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120. Capitalization rate means: 

Explanation

Capitalization rate is a financial metric used in real estate to convert the income generated by a property into its value. It is calculated by dividing the net operating income (NOI) of the property by its purchase price or current market value. The capitalization rate helps investors determine the potential return on investment and compare different properties. By converting income into value, the capitalization rate allows investors to make informed decisions about the profitability and worthiness of a property.

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121. The original amount of a straight note that calls for interest payment of $60 per month  based on a rate of 8% per annum is:

Explanation

$60 x 12 = $720 per year
$720 / 8% = $9,000

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122. All of the followings are acts of one joint tenant terminates a joint tenancy, except when  the joint tenant:

Explanation

When a joint tenant mortgages his or her share, it does not terminate the joint tenancy. The joint tenancy will still exist, but the mortgage will create a lien on the joint tenant's share. The other joint tenants will still have the right of survivorship and will inherit the mortgaged share if the joint tenant dies.

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123. Bond, deed of trust, and notes held by a third party is known as: 

Explanation

When a bond, deed of trust, or notes are held by a third party, it is referred to as "escrow." Escrow is a financial arrangement where a neutral third party holds assets or documents until certain conditions are met. In this case, the third party holds these important legal documents on behalf of the parties involved, ensuring that all conditions are fulfilled before transferring ownership or funds. The term "escrow" is commonly used in real estate transactions, where the escrow agent holds the deed and funds until the sale is completed.

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124. Nominal rate or normal rate means: 

Explanation

The correct answer is "The rate stated in the loan documents." This refers to the interest rate that is explicitly mentioned and documented in the loan agreement or contract. It is the rate that the borrower agrees to pay on the loan.

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125. When applying the capitalization of net income approach to establish the value of an  income property, which of the following would not be included as an expense?

Explanation

When applying the capitalization of net income approach, the cost of capital is not included as an expense. The capitalization of net income approach calculates the value of an income property by dividing the net operating income (NOI) by the capitalization rate. The capitalization rate represents the rate of return an investor expects to receive on the property. Expenses included in the calculation are those that directly impact the property's operating income, such as utilities, property management, and reserves for replacement of improvements. The cost of capital, on the other hand, represents the cost of financing the property and is not considered an operating expense.

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126. Which kind of relationship does the salesperson not have? 

Explanation

The salesperson does not have an attorney-client relationship. This relationship typically exists between a lawyer and their client, where the lawyer provides legal advice and representation to the client. In the given options, the other relationships mentioned - attorney-in-fact, broker-client, and fiduciary - do not involve the salesperson.

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127. Jackson leased his home to Sullivan with a verbal agreement to sell the property to  Sullivan.  Jackson knows that Sullivan has been making significant improvements to  the property in reliance on the verbal agreement.  Jackson now declines to sell the  property to Sullivan.  Which of the following best describes the rights of the parties?

Explanation

The correct answer is Jackson must sell because the doctrine of estoppels will apply in this case. This means that Jackson is legally bound to sell the property to Sullivan because Sullivan made significant improvements to the property in reliance on the verbal agreement. The doctrine of estoppels prevents Jackson from going back on his word and reneging on the agreement.

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128. The maximum value of a property due to architectural design and stability of neighborhood is:

Explanation

Conformity refers to the degree to which a property aligns with the architectural design and style of the neighborhood. When a property blends in well with the surrounding buildings and follows the established aesthetic, it tends to have a higher value. This is because conformity enhances the overall visual appeal and harmony of the neighborhood, which is desirable for potential buyers or investors. Therefore, the correct answer is conformity.

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129. Once a binding contract has been created between buyer and seller, it is:

Explanation

Equitable title refers to the buyer's interest or right in a property before the legal title is transferred. It signifies that the buyer has an equitable claim to the property and can enforce specific performance if the seller breaches the contract. In this context, once a binding contract is established between the buyer and seller, the buyer obtains equitable title, indicating their ownership rights in the property. This means that although the legal title has not yet been transferred, the buyer has a valid claim and can seek legal remedies if necessary.

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130. Under which of the following listings can the seller refuse to pay a commission even if  the agent is procuring cause?

Explanation

A net listing is a type of listing agreement where the seller sets a desired net amount for the sale of the property, and any amount above that net amount is considered the agent's commission. In this type of listing, the seller has the right to refuse to pay a commission to the agent, even if the agent is the procuring cause of the sale. This is because the agent's commission is not predetermined or agreed upon in a net listing, and it is solely dependent on the final sale price exceeding the seller's desired net amount.

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131. The maximum amount that may be recovered from the Recovery Trust Fund is:

Explanation

The maximum amount that may be recovered from the Recovery Trust Fund is $100,000. This means that if there are any losses or damages that need to be compensated, the maximum limit that can be claimed from the fund is $100,000.

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132. As for rules and regulations, a pest control company must provide: 

Explanation

A pest control company must provide a copy of the rules and regulations to the owner of the property. This is important as the owner needs to be aware of the procedures and guidelines that the pest control company will follow while carrying out their services. By providing a copy to the owner, the pest control company ensures transparency and allows the owner to have a clear understanding of the process. This also helps in establishing a good communication channel between the owner and the pest control company.

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133. In order for a broker to be able legally to claim a commission on an exclusive right to  sell listing, which of the following termination dates would be appropriate?

Explanation

The appropriate termination date for a broker to legally claim a commission on an exclusive right to sell listing is for 180 days from the date the listing agreement is signed by the contracting parties. This means that the broker has the right to claim a commission for a period of 180 days from the signing of the agreement, after which the agreement will terminate.

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134. The earthquake booklet was not necessary to be disclosed if property was built after:

Explanation

The earthquake booklet was not necessary to be disclosed if the property was built after 1960. This suggests that before 1960, it was required to disclose the earthquake booklet for properties, but after that year it became unnecessary. The reason for this could be that building codes and regulations were strengthened after 1960, making it less necessary to disclose the booklet for newer properties.

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135. The purpose of the assessment roll, as compiled by the assessor's office is:

Explanation

The assessment roll, compiled by the assessor's office, serves the purpose of establishing the tax base. This means that it provides a record of the assessed values of all properties within a jurisdiction, which is used to calculate the amount of taxes that property owners are required to pay. The assessment roll is an important tool for ensuring that taxes are levied fairly and accurately, as it helps to determine the value of each property and distribute the tax burden equitably among property owners.

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136. The broker has an oral listing to sell real property.  The broker presented an offer  which the seller accepted.  The seller then requested to broker to give him the buyer's  deposit check: 

Explanation

The correct answer is that the broker must give the check to the seller. This is because the seller requested the check from the broker, indicating that they want to receive the deposit directly. The broker is obligated to follow the seller's instructions and provide them with the check.

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137. For a property under default, a possession of the property is held by:

Explanation

The correct answer is Trustor. In a default situation, the possession of the property is held by the Trustor. The Trustor is the person who created the trust and transferred the property into it. They retain control and possession of the property until a default occurs, at which point the property may be transferred to the trustee or another party involved in the trust.

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138. If the selling property has an item that is not present on the comparables, the appraiser  has to: 

Explanation

If the selling property has an item that is not present on the comparables, the appraiser would subtract the value of that item from the subject property to make it comparable to the other properties. This adjustment is necessary to ensure that the comparison is fair and accurate.

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139. When an agent is a subagent of the selling broker, he is working for: 

Explanation

When an agent is a subagent of the selling broker, it means that the agent is working on behalf of the selling broker to assist in the sale of a property. In this scenario, the agent's primary responsibility is to represent the interests of the seller, who is the party looking to sell the property. Therefore, the correct answer is "The seller."

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140. If the buyer and seller agree to prorate property taxes as of the date of the close of  escrow; and escrow closes on May 1st, and the current annual tax bill of $1,380 has  been paid, the escrow agent would appropriately debit the buyer for: 

Explanation

$1380 / 12 = $115
$115 x 2 = $230

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141. Who pays the service charge under a FHA loan?

Explanation

Under a FHA loan, the seller is responsible for paying the service charge. This charge is typically a percentage of the loan amount and covers the costs associated with processing and administering the loan. By requiring the seller to pay this fee, it helps to reduce the financial burden on the buyer and makes the loan more accessible and affordable.

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142. Bank lends 80% of appraised value with interest rate at 11%.  First year's interest was  $7,040.  What was the appraised value?

Explanation

$7,040 / 11% = $64,000 loan amount
$64,000 / 80% = $80,000 appraisal value

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143. The right of an interest in real property is represented by:

Explanation

A quiet title action is the correct answer because it is a legal proceeding that is used to establish ownership of a property and clear any competing claims or disputes. It is a way to "quiet" or resolve any uncertainties or doubts about the title to a property. This action can be taken when there are conflicting ownership claims, unclear or missing property records, or when there is a need to remove a cloud on the title. It is a legal process that allows a person to establish their rightful ownership and have a clear and marketable title to the property.

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144. Deed restriction may be created by: 

Explanation

A deed restriction can be created by the grantor in a deed. This means that the person who is transferring the property to another person can include certain restrictions or limitations on how the property can be used. These restrictions may include things like prohibiting certain types of businesses from operating on the property or limiting the height or size of any structures that can be built on the property. By including these restrictions in the deed, the grantor is ensuring that the property is used in a way that aligns with their intentions or the overall development plan for the area.

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145. Roger sold his home and he paid $140 for escrow services and 6% commission.  The  seller received $13,583.  The sales price is approximately: 

Explanation

$13,583 + $140 = $13,723
$13,723 / 94% = $14,598

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146. Functional Utility is:

Explanation

Layout refers to the arrangement or organization of elements within a space. In the context of functional utility, layout plays a crucial role in determining the efficiency and effectiveness of a space. A well-designed layout ensures that the space is utilized optimally, allowing for smooth flow, easy access, and convenient use of resources. It takes into consideration factors such as ergonomics, functionality, and practicality. Therefore, the correct answer for functional utility is layout.

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147. Wong bought a vacant lot for $17,424 and wants to sell the lot to make a 40% profit  after paying a 10% commission.  What price must he sell the lot for? 

Explanation

$17,424 x 140% = $24,393
$24,393 / 90% = $27,104

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148. John owns a lot that measures 150 feet deep by 50 feet wide.  The zoning laws require a  20 foot front setback and 4 foot setback on both sides and at the back.  The building  size of this lot is:

Explanation

150 – 24 = 126
50 – (4x2) = 42
42 X 126 = 5,292

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149. An investor purchased a trust deed and note at a 20% discount.  This was one year  fully amortized note with a face amount of $4,500 with payments of $393 per month  including 9% interest.  If the investor holds the note for a full year, the yield on the  investor's original investment would be:

Explanation

$4,500 x 20% = $900
$393 x 12 = $4,716
$4,716 - $4,500 = $216
$900 + $216 = $1,116
$4,500 - $900 = $3,600
$1,116 / $3,600 = 31%

Submit
150. A Standard policy will cover against:

Explanation

A property survey is a detailed examination and measurement of a property's boundaries, structures, and features. It provides important information about the property's legal description, encroachments, easements, and potential issues that may affect its value or use. A standard policy will cover against any discrepancies or errors found during the property survey, ensuring that the buyer is protected from any financial losses or legal disputes that may arise due to inaccurate boundary lines or other survey-related issues.

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"As Is" is permitted when:
Which of the following may be attached to the land:
Consideration may be in the form of:
A dual agency is permitted when:
A contingency in a contract is:
Which of the following must be given to a buyer of a condominium unit?
Which of the following is misrepresentation?
A master plan shows:
On August 5th, a buyer gave broker Gutierrez a personal check for...
The construction industry is regulated by:
A commission to an agent may be in the form of:
Which of the following report is the most complete report?
Riparian rights is the right of owners who are located on borders of:
  Property may be substituted by: 
Which of the following is not a valid reason for the seller to...
The owner of land owns riparian rights to water on, under, or adjacent...
A man owns six separate parcels of real property.  He wants to...
If the seller presented the hazard disclosure statement to the buyer,...
Which of the following is a violation of Federal Housing Law according...
The authority that prohibits an agent to do an act of fraud is found...
Eminent Domain may be exercised by:
A hispanic wants to be shown property in certain neighborhoods. ...
Buyer and seller decided to cancel the transaction.  The seller...
Deed covenants that limit the conveyance of properties to persons of...
John entered into a right to sell listing with Broker Otis.  John...
Broker Marshall sold to Sanders a property AS IS.  Marshall and...
Which of the following is a fiduciary relationship?
Hanson wants to buy a property and talks to Broker Cohen about that...
Under the real estate law, if an agent is found guilty of...
Broker Hadley took a listing from Watanabe for 30 days.  Watanabe...
The agent who will earn a commission is the one that: 
Followings will determine if an item is a fixture or not, except:
A sale of a property through probate, the commission will determine...
Broker Taylor listed a property for $55,000 with instruction from the...
As to ethics, the best guidelines to determine if an action is...
Amezcua was asked to disclose her ethnicity in the loan application:
When a broker is representing both buyer and seller on an exchange...
When appraising an old residential property in regards to periodic...
A contract replaced entirely by a new one is known as:
A clause on a trust deed that agrees to be on a lower position is...
An agency relationship is represented by: 
The Federal Fair Housing Law declares a United States policy of: 
Buyer and seller entered in a contract and the buyer asks the broker...
A broker must have in writing of any employments with which of the...
What State agency would be a consumer contact in order to obtain a...
Which of the following policies covers all the risks?
When comparing real property to personal property:
A binding contract represents:
A brother and sister owned a property as joint tenants.  The...
An exclusive agency listing may be for a period of:
In the event a person is discriminated against in violation of Title...
Police power to divide the land into districts is by:
Which of the following factors would tend to make real estate values...
Misuse of the term "Realtor" is
Before his death, Westland had several listings.  Now, Westland's...
A real estate broker discovers that one of the agents was receiving...
Followings will determine if an item is a fixture or not, except:
The activity of an unlicensed person working for a real estate office...
Which of the following is true in regards to Hazard Safety Disclosure...
A written contract between the broker and salesperson has to be in...
Federal law requires sellers, landlords, and remodelers to disclose...
A tenant may be justified in abandoning a leased property if the...
All of the following are necessary for a valid contract, except:
Mr. Arturian granted a property to Macy with a condition not to drink...
A contractor was installing a new hardwood floor and was unpaid and...
An agent is authorized to accept a deposit on behalf of the seller,...
In a new developed subdivision, the Real Estate Commissioner was...
Cost approach is used in:
Buyer makes offer to buy a home including all the appliances. ...
An example of police power:
For a blind ads, it doesn't identify the: 
When can an agent refuse to transmit an offer?
When an appraiser appraises a commercial building for $550,000, the...
Which of the following listing allows an agent may collect a...
The market data approach is accomplished by:
An easement attached to the land is known as:
Conditions affecting interest rates and the availability of loan funds...
David sold his friend's home in Yolo County.  David has no...
A lessee may abandon the property by all of the following, except:
In applying the principles of Easton vs. Strassburger case, the real...
Fuentes purchased Brown's house and agreed to assume the existing...
A voidable contract is a contract that:
An appraisal is least concern with general state economy in appraising...
When a property is being sold through an option, the broker must...
In the event a home was constructed in high quality cost of $190,000...
CPI refers to:
Which of the following best refers to seller's market? 
A document used to represent another person:
The standard policy of title insurance consists of three...
If a lender decides to take a deed in lieu of foreclosure:
Omedo's home is close to an airport.  Omedo's legal proceeding...
A listing must contain all of the following, except:
Under the truth and lending law disclosure is presented by:
Jack leases a single family dwelling property from Mr. Michaels. ...
According to the department of real estate, if an agent wants to...
An estate at sufferance:
Which of the following is not a lien?
A broker has a listing and one of his salesperson sells the...
When a home is financed under the State of California Veterans Farm...
Joint tenant estate held by two joint tenants is severed and ended by...
A home sold for $178,000 and leased at $1,200.  If another home...
Under the income tax law, a salesperson is:
The City made a change in zoning that is not permitted in the...
The SW ¼ of the NW ¼ of Sec. 5 is valued at $800 per...
Two friends hold title as joint tenants.  One borrowed money and...
The purpose of a deed is:
A document to transfer property from trustee to trustor is:
An appraiser will deduct the vacancy factor of an apartment to reach...
Which of the following is a commercial acre?
A conflict in a contract between buyer and seller and also in the...
The placement of a building on the land is known as:
The maximum fine that may be imposed by the Real Estate Commissioner...
When the Real Estate Commissioner wishes to proceed against a licensee...
In regards to appraisal, all of the followings are true, except:
The ordinary repairs on a property are known as:
The date in the purchase contract is the date:
A board foot is:
When comparing FHA and conventional loan, the conventional loan...
Earthquake hazard report must be issued to properties in:
Capitalization rate means: 
The original amount of a straight note that calls for interest payment...
All of the followings are acts of one joint tenant terminates a joint...
Bond, deed of trust, and notes held by a third party is known...
Nominal rate or normal rate means: 
When applying the capitalization of net income approach to establish...
Which kind of relationship does the salesperson not have? 
Jackson leased his home to Sullivan with a verbal agreement to sell...
The maximum value of a property due to architectural design and...
Once a binding contract has been created between buyer and seller, it...
Under which of the following listings can the seller refuse to pay a...
The maximum amount that may be recovered from the Recovery Trust Fund...
As for rules and regulations, a pest control company must...
In order for a broker to be able legally to claim a commission on an...
The earthquake booklet was not necessary to be disclosed if property...
The purpose of the assessment roll, as compiled by the assessor's...
The broker has an oral listing to sell real property.  The broker...
For a property under default, a possession of the property is held by:
If the selling property has an item that is not present on the...
When an agent is a subagent of the selling broker, he is working...
If the buyer and seller agree to prorate property taxes as of the date...
Who pays the service charge under a FHA loan?
Bank lends 80% of appraised value with interest rate at 11%. ...
The right of an interest in real property is represented by:
Deed restriction may be created by: 
Roger sold his home and he paid $140 for escrow services and 6%...
Functional Utility is:
Wong bought a vacant lot for $17,424 and wants to sell the lot to make...
John owns a lot that measures 150 feet deep by 50 feet wide.  The...
An investor purchased a trust deed and note at a 20% discount. ...
A Standard policy will cover against:
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