1.
Which of the following is easement for non-use?
Correct Answer
A. Prescriptive easement
Explanation
A prescriptive easement is an easement for non-use. It is a legal right to use someone else's property without permission, but only if the use has been continuous and uninterrupted for a certain period of time. This type of easement is acquired through the open, notorious, and adverse use of another person's property for a specified period of time, typically 10-20 years. Therefore, the correct answer is Prescriptive easement.
2.
Which of the following would be considered a real property?
Correct Answer
D. A bearing wall in a single family house
Explanation
A bearing wall in a single family house would be considered a real property because it is a permanent and integral part of the structure. Real property refers to land and anything permanently attached to it, such as buildings or fixtures. A bearing wall is a load-bearing wall that supports the weight of the structure, making it an essential and immovable component of the house.
3.
A real estate broker may have difficulty with personal property because its ownership
rights and identification. This is because personal property can:
Correct Answer
D. All of the above
Explanation
A real estate broker may have difficulty with personal property because its ownership rights and identification can be complex. Personal property can be alienated, meaning it can be transferred or sold to someone else. It can also be hypothecated, which means it can be used as collateral for a loan. Additionally, personal property can become real property if it is permanently attached to land or a building. Therefore, all of the options listed (alienated, hypothecated, become real property) can pose challenges for a real estate broker when dealing with personal property.
4.
Alienation is the opposite of:
Correct Answer
A. Acquisition
Explanation
Alienation refers to the feeling of being separated or disconnected from others or from society. Acquisition, on the other hand, refers to the act of obtaining or gaining something. These two terms are opposite in nature as alienation involves a sense of detachment or isolation, while acquisition involves obtaining or gaining something. Therefore, acquisition is the opposite of alienation.
5.
A deposit to purchase real estate is held by escrow. In case of a conflict as specified in
the purchase agreement. When is the escrow allowed to disburse the deposit?
Correct Answer
D. All of the above
Explanation
The escrow is allowed to disburse the deposit in all of the mentioned scenarios - agreement of the parties, after a judgment, and arbitration. This means that if the parties involved in the real estate transaction agree to disburse the deposit, or if a judgment or arbitration decision requires the deposit to be disbursed, the escrow can proceed with releasing the funds.
6.
When an owner acquires land with riparian rights, such rights:
Correct Answer
D. Are only available to land adjacent to moving water, a stream or brook within the Watershed
Explanation
Riparian rights refer to the legal rights of a landowner to use and enjoy water that is adjacent to or flows through their property. These rights are typically only available to land that is adjacent to moving water, such as a stream or brook, within a specific watershed. This means that if an owner acquires land with riparian rights, they would only have these rights for land that is next to a body of water that is flowing, rather than still or stagnant water.
7.
The agent’s commission for negotiating a real property lease is fixed by:
Correct Answer
D. Agreement
Explanation
The correct answer is "Agreement." This means that the agent's commission for negotiating a real property lease is determined by an agreement between the parties involved. The specific terms and conditions regarding the commission will be outlined and agreed upon in this agreement. This allows for flexibility and negotiation between the agent and the parties involved in the lease.
8.
When rent is computed on the gross sales of a business, the lease is correctly termed:
Correct Answer
D. A percentage lease
Explanation
A percentage lease is a type of lease where the tenant pays a base rent plus a percentage of their gross sales. In this case, the rent is computed based on the gross sales of the business. Therefore, the correct term for this type of lease is a percentage lease.
9.
Which of the following is easement for non-use?
Correct Answer
C. Prescriptive
Explanation
Prescriptive easement refers to the legal right to use another person's property without permission, which is acquired through continuous and uninterrupted use for a specific period of time. This type of easement is created when someone openly and notoriously uses another person's property without their permission for a certain period, typically ranging from 5 to 20 years, depending on the jurisdiction. Therefore, the correct answer is "Prescriptive" because it describes the easement for non-use that is acquired through long-term unauthorized use of someone else's property.
10.
The rights or power to sell property in the event of a default under the terms of the
trust deed is given by:
Correct Answer
D. Trustor to trustee
Explanation
The correct answer is Trustor to trustee. In a trust deed, the trustor (borrower) grants the trustee (a neutral third party) the power to sell the property in the event of a default. This allows the trustee to protect the interests of the beneficiary (lender) by ensuring that the property can be sold to recover the debt. The buyer does not have the power to sell the property, and the seller is not involved in the trust deed arrangement.
11.
The purpose of the Truth-in-Lending Act is to:
Correct Answer
C. Assure a meanful disclosure of credit terms to the buyer
Explanation
The purpose of the Truth-in-Lending Act is to ensure that consumers are provided with clear and accurate information about the terms and costs of credit. It aims to promote transparency and protect consumers from deceptive practices by requiring lenders to disclose key information such as interest rates, fees, and repayment terms. This allows buyers to make informed decisions and compare different credit options effectively.
12.
Which of the following indicators would best define the purchasing power of the U.S.
dollar?
Correct Answer
D. Price indexes
Explanation
Price indexes would best define the purchasing power of the U.S. dollar. Price indexes measure the average price changes of a basket of goods and services over time. By tracking the changes in prices, price indexes provide insights into the inflation or deflation of a currency. Therefore, price indexes are a reliable indicator to determine the purchasing power of the U.S. dollar as they reflect the changes in the cost of goods and services that can be bought with the currency.
13.
Conversation about a real estate finance that includes a reference to “warehousing”
activity would probably be referring to:
Correct Answer
C. A mortgage banker collecting loans prior to resale
Explanation
The correct answer is a mortgage banker collecting loans prior to resale. The term "warehousing" in the context of real estate finance refers to the practice of a mortgage banker collecting loans from various sources and holding them temporarily before selling them to investors in the secondary market. This allows the mortgage banker to package and sell the loans in bulk, providing liquidity and freeing up capital for further lending activities.
14.
Lenders sometimes require borrowers to deposit amounts with the monthly mortgage
payments to cover some costs related to the property. Which of the following would not
be included in such impounds?
Correct Answer
C. Monthly interest
Explanation
When lenders require borrowers to deposit amounts with the monthly mortgage payments to cover costs related to the property, the impounds typically include payments for special assessments related to the improvements of the public areas, county/city property taxes, and insurance premiums. However, monthly interest is not included in such impounds. Monthly interest is the amount that the borrower pays to the lender as a fee for borrowing the money, and it is separate from the impound account.
15.
The assessment roll for real property taxes is the listing of all taxable properties in the
assessor’s jurisdiction with the assigned assessed value for the properties. The purpose
of the assessment roll is for:
Correct Answer
A. Establishment of the tax base
Explanation
The assessment roll for real property taxes serves the purpose of establishing the tax base. This means that it lists all taxable properties in the assessor's jurisdiction and assigns assessed values to them. By doing so, the assessment roll provides the foundation for calculating the amount of taxes that will be levied on each property. It is an essential step in the process of determining the overall tax revenue that will be collected from property owners within the jurisdiction.
16.
Reserves or impounds of all of the following are recurring costs by a lender, except:
Correct Answer
D. Monthly interest mortgage
Explanation
The monthly interest mortgage is not a recurring cost for a lender. It is a payment made by the borrower to the lender to cover the interest on the loan. The other options mentioned (special improvements assessments, city county property taxes, and insurance premiums) are recurring costs that a lender may have to pay on behalf of the borrower or as part of the loan agreement.
17.
Which of the following persons would usually be in the weakest position against loss of
property due to a claim of title by an outside person?
Correct Answer
D. A holder of an unrecorded quitclaim deed who does not occupy the property
Explanation
A holder of an unrecorded quitclaim deed who does not occupy the property would usually be in the weakest position against loss of property due to a claim of title by an outside person. This is because an unrecorded quitclaim deed does not provide strong legal protection or evidence of ownership. Additionally, not occupying the property may make it easier for someone else to claim the property and potentially succeed in their claim.
18.
Valuable, adequate, and good sufficient means:
Correct Answer
C. Consideration
Explanation
Consideration refers to something of value that is exchanged between parties in a contract. It is an essential element in a contract as it indicates that both parties have given something in return for the agreement. The terms "valuable," "adequate," and "good sufficient" all suggest that consideration is being provided in a contract. Therefore, the correct answer is consideration.
19.
Dual Agency is legal if:
Correct Answer
C. The buyer and seller consent to it
Explanation
Dual Agency is the practice where a real estate agent represents both the buyer and the seller in a transaction. In order for dual agency to be legal, it is necessary for both the buyer and the seller to give their consent to this arrangement. This ensures that all parties are aware of the agent's dual role and have agreed to it willingly. Without the consent of both the buyer and the seller, dual agency would not be legally permissible.
20.
Which of the following is most nearly correct concerning buyer’s agency?
Correct Answer
D. The buyer’s broker has no agency relationship with the seller or the listing broker and is therefore not liable for their actions
Explanation
The buyer's broker in a buyer's agency does not have an agency relationship with the seller or the listing broker, which means they are not responsible or liable for their actions. This means that the buyer's broker is not accountable for any misconduct or wrongdoing on the part of the seller or the listing broker.
21.
If a broker is an agent of the seller, he owes to the buyer:
Correct Answer
D. A duty of fair and honest dealing
Explanation
When a broker is an agent of the seller, they owe a duty of fair and honest dealing to the buyer. This means that the broker is obligated to act in a fair and honest manner when representing the seller's interests, even though they are not directly representing the buyer. This duty includes being truthful and transparent in all dealings with the buyer, and ensuring that the buyer is treated fairly throughout the transaction. The broker must also avoid any conflicts of interest that may arise between the seller and the buyer.
22.
Buyer Clark contacted broker Jacob to find out if Jacob had a listing on a certain
property that buyer Clark was interested in purchasing. Broker Jacob did not have a
listing on the property he questioned but informed buyer Clark that he would get the
full details and relates it to him. The broker then contacted the property owner in
attempt to obtain a listing and informed the owner that buyer Clark was interested in
purchasing the property. The owner refused the listing by informing the broker that
the property was not for sale and that he would not list the property with any brokers.
Two months later, broker Jacob was informed that the owner had in fact sold the
property to Clark without broker Jacob’s knowledge. Given these conditions:
Correct Answer
D. Broker Jacob is entitled to nothing
Explanation
According to the given conditions, the owner refused to list the property with any brokers and sold it to buyer Clark without broker Jacob's knowledge. This means that broker Jacob did not have any involvement or agreement in the transaction between the owner and buyer Clark. Therefore, he is not entitled to a commission or any recovery for his time and labor invested in the transaction.
23.
Mr. Miller executed a full price offer to purchase Taylor’s property through Broker
Micks who held an exclusive authorization and right to sell listing. As the broker was
leaving the office, he received another offer for $1,000 less than the listed sales price but
which contained a larger down payment and other different terms. Micks, the listing
broker, should:
Correct Answer
B. Present both offers at the same time
Explanation
The correct answer is to present both offers at the same time. This ensures that the sellers have all the information and can make an informed decision. It is important for the listing broker to be transparent and fair in presenting all offers to the sellers.
24.
A real estate agent may legally represent all principals in the same transaction if:
Correct Answer
D. All of the above
Explanation
A real estate agent may legally represent all principals in the same transaction if they have informed all the parties involved, obtained consent from all parties to this agency relationship, and are collecting commission for both parties with knowledge of the others. This means that the agent has disclosed their role to all parties, received their consent to represent them, and is transparent about receiving commission from both sides. This ensures that all parties are aware of the agent's involvement and have agreed to the arrangement.
25.
In July, Spencer bought Long’s home through the listing broker Ceeley. Ceeley in
November, when the first rain came, the tile roof leaked badly in many places. Spencer
sued Long and broker Ceeley for the cost of the necessary new roof. Testimony in
court showed that Long had mentioned the need of a new roof to Ceeley, but Ceeley
had nolikely:
Correct Answer
A. Spencer was successful in the suit against Ceeley and Long was entitle to recover damages from broker Ceeley
Explanation
The correct answer is "Spencer was successful in the suit against Ceeley and Long was entitled to recover damages from broker Ceeley." This means that Spencer won the lawsuit against Ceeley and can recover the cost of the new roof from Ceeley. Additionally, Long, the original homeowner, is also entitled to recover damages from Ceeley. This suggests that Ceeley, the broker, was negligent in not addressing the need for a new roof and may be held responsible for the damages.
26.
If a seller of real property inquired to his broker concerning the ethnic background of a
prospective buyer, the broker:
Correct Answer
C. Violates the California Fair Housing Act (the Rumford Act) if he gives the seller the requested information
Explanation
The correct answer is that the broker violates the California Fair Housing Act (the Rumford Act) if he gives the seller the requested information. This is because the act prohibits discrimination in housing based on factors such as race, ethnicity, and national origin. Inquiring about the ethnic background of a prospective buyer is a form of discriminatory behavior and goes against the principles of fair housing. The broker should not provide this information to the seller to ensure compliance with the law.
27.
When a seller makes a counter offer:
Correct Answer
C. The offeree becomes the new offeror
Explanation
When a seller makes a counter offer, it means that they are rejecting the original offer made by the buyer and proposing new terms for the agreement. By making a counter offer, the offeree (seller) becomes the new offeror, as they are now presenting their own terms for the agreement instead of accepting the terms proposed by the original offeror (buyer). This shift in roles allows the offeree to negotiate and potentially reach a new agreement with the original offeror.
28.
If a broker receives a personal check made payable to an independent escrow company
from a buyer as a deposit on the purchase price, the broker:
Correct Answer
C. Must deliver the check to the escrow
Explanation
The correct answer is that the broker must deliver the check to the escrow. This is because the check is made payable to the independent escrow company, indicating that the buyer intends for the funds to be held by the escrow company. As a broker, it is the responsibility to ensure that the funds are properly delivered to the intended recipient, in this case, the escrow company. Therefore, the broker must deliver the check to the escrow.
29.
Broker Abe took a listing from Mr. Cain on a commercial property. Broker Abe then
presented an offer from the XYZ Company that was above the listed price. Mr. Cain
accepted the offer. However, the broker did not tell Mr. Cain that he was one of the principals in the XYZ Company. Concerning the sale, the:
Correct Answer
B. Seller could cancel the contract
Explanation
In this scenario, the broker acted unethically by not disclosing his involvement as one of the principals in the XYZ Company. This lack of transparency could potentially invalidate the contract as it was based on incomplete information. Therefore, the seller has the right to cancel the contract if they choose to do so.
30.
Since Harris did not have the necessary $285,000 cash to purchase 300 acres of land for
future subdivision, Nishimoto agreed to purchase the land and enter into a conditional
installment sale contract with Harris, selling him the land for $298,000. Assuming only
the above, this is a:
Correct Answer
D. Valid purchase and resale transaction
Explanation
Based on the given information, the transaction between Harris and Nishimoto can be considered a valid purchase and resale transaction. Even though Harris did not have enough cash to purchase the land, Nishimoto agreed to sell the land to Harris through a conditional installment sale contract. This means that Harris will be able to purchase the land from Nishimoto and then resell it in the future. Therefore, the transaction is valid and legally binding.
31.
Attorney in fact is:
Correct Answer
B. Any legal competent person who has received a power of attorney from another person
Explanation
An attorney in fact refers to any legal competent person who has received a power of attorney from another person. This means that the person has been granted the authority to act on behalf of the principal in legal and financial matters. The attorney in fact is entrusted with making decisions and carrying out tasks as specified in the power of attorney document. This role does not necessarily require the person to be a professional attorney, but rather someone who has been given the legal authority to act on behalf of another person.
32.
An executed contract is a contract:
Correct Answer
A. Completed and fully performed by both parties
Explanation
An executed contract refers to a contract that has been fully performed and completed by both parties involved. This means that all the terms and conditions of the contract have been fulfilled and both parties have fulfilled their obligations as stated in the contract. Therefore, the correct answer is "Completed and fully performed by both parties".
33.
In which of the following transactions is the agent required to disclose his or her agency
relationship?
Correct Answer
B. The sale of a residential triplex
Explanation
In the sale of a residential triplex, the agent is required to disclose his or her agency relationship. This means that the agent must inform the parties involved in the transaction about who they are representing and any potential conflicts of interest. This disclosure is necessary to ensure transparency and to protect the interests of all parties involved in the transaction.
34.
Jimmy built a house on speculation and sold it for $282,000 receiving $262,000 cash
from the proceeding of new financing and a $20,000 note secured by a second deed of
trust. In order to build a second house on another lot, Jimmy would like to borrow
$50,000. If he uses the $20,000 note as part of the security, the note in this circumstance
would be a:
Correct Answer
D. Pledge
Explanation
In this scenario, Jimmy is using the $20,000 note as part of the security to borrow $50,000. This means that he is offering the note as collateral or a guarantee for the loan. A pledge is a legal term used to describe the act of offering personal property as security for a debt or obligation. Therefore, in this circumstance, the $20,000 note would be considered a pledge.
35.
Mr. Wilson made an offer to purchase real property. However, she died of a heart
attack before the listing broker could notify her of an unqualified, signed acceptance by
the seller. Based on these facts, which of the following is true?
Correct Answer
B. The death of Wilson constituted a revocation of the offer
Explanation
The correct answer is that the death of Wilson constituted a revocation of the offer. This means that since Mr. Wilson passed away before being notified of the acceptance by the seller, the offer is no longer valid. In general, an offer can be revoked by the offeror at any time before it has been accepted, and in this case, Wilson's death acted as a revocation of the offer. Therefore, the offer and acceptance do not constitute an enforceable contract.
36.
A real estate licensee acts as:
Correct Answer
D. Fiduciary
Explanation
A real estate licensee acts as a fiduciary. This means that they have a legal and ethical obligation to act in the best interests of their clients. They must prioritize their clients' needs and goals above their own and provide them with honest and reliable advice. As a fiduciary, the licensee must maintain confidentiality, disclose any conflicts of interest, and handle their clients' finances and transactions with utmost care and honesty. This ensures that the licensee is held to a high standard of trust and loyalty in their professional relationship with their clients.
37.
A flood hazard report is required as part of filing for a subdivision public report. If a
flood hazard exists, the degree of hazard must be reported. The degrees of flood
hazard are:
Correct Answer
A. Inundation, sheet overflow, and ponding of local storm water
Explanation
The correct answer is "Inundation, sheet overflow, and ponding of local storm water". This answer is correct because it accurately identifies the degrees of flood hazard that must be reported as part of filing for a subdivision public report. Inundation refers to the flooding of an area, sheet overflow refers to water flowing over a large area like a sheet, and ponding of local storm water refers to the accumulation of water in a localized area. These are all different degrees of flood hazard that need to be assessed and reported.
38.
Ross, who owns a commercial building, enters into a seven-year lease with Roberts for
the property. In your opinion, Robert’s lease is:
Correct Answer
D. All of the above
Explanation
The correct answer is "All of the above." In this scenario, Roberts' lease can be considered an estate for years because it is a lease for a specific duration of seven years. It can also be considered personal property because a lease is a contractual right and can be bought, sold, or transferred like personal property. Additionally, it can be considered a chattel real because it is an interest in real property that is less than a freehold estate. Therefore, all three options are applicable in this case.
39.
Which of the following is real property?
Correct Answer
A. Stock in a mutual water company
Explanation
Stock in a mutual water company is considered real property because it represents ownership in the company's assets, such as land and water rights. Real property refers to immovable assets, including land and anything permanently attached to it. While a trust deed and a mortgage are both financial instruments related to real estate transactions, they are not considered real property themselves.
40.
Inflationary trends in the housing market affect:
Correct Answer
B. Market values and sales prices
Explanation
Inflationary trends in the housing market affect both market values and sales prices. When there is inflation in the housing market, the prices of homes tend to increase. This leads to higher market values as the overall value of properties in the market rises. Additionally, higher sales prices are observed as buyers are willing to pay more for homes due to inflation. Therefore, both market values and sales prices are impacted by inflationary trends in the housing market.
41.
Which of the following items might be short-rated by the escrow holder?
Correct Answer
A. Fire insurance
Explanation
The escrow holder might short-rate fire insurance because it is possible that the policy was cancelled before the expiration date, resulting in a refund of the premium. Short-rating occurs when the insurance company refunds a portion of the premium due to early cancellation.
42.
Alienation expresses a meaning most completely opposite to:
Correct Answer
A. Acquisition
Explanation
Alienation refers to the feeling of being isolated or disconnected from others or from society. On the other hand, acquisition means the act of gaining or obtaining something. These two concepts are opposite to each other because while acquisition involves gaining something, alienation involves feeling disconnected or separated from others. Therefore, acquisition is the most completely opposite meaning to alienation.
43.
Which of the following is acceptable response to sellers who have indicated their home
is not to be shown to sales of prospects who are members of the ethnic minority group?
Correct Answer
C. I cannot accept the listing on your property because it’s prohibited from discrimination
Explanation
The correct answer is "I cannot accept the listing on your property because it’s prohibited from discrimination." This response acknowledges the seller's request but also states that it is against the law to discriminate based on ethnic minority group membership.
44.
Mr. Abdul owned an unencumbered lot and decided to build a single family residence
on it. He bought $8,000 worth of lumber and had it delivered to the property. One
week later, he obtained a construction loan for $150,000 from People’s Savings and
Loan Association. The loan was recorded after the lumber was delivered. Later more
lumbers were delivered and subsequently the completed structure was painted. When
the lumber company could not collect $8,000 on the amount owed and the painter could
not collect $3,000 for the painting; they each filed a mechanic’s lien. If the property is
sold at a foreclosure sale and nets $150,000, the amount received by People’s Savings
and Loan would be:
Correct Answer
B. $139,000
Explanation
The mechanic's liens filed by the lumber company and the painter would take priority over the construction loan because they were filed before the loan was recorded. Therefore, the amount received by People's Savings and Loan would be reduced by the total amount of the liens, which is $11,000 ($8,000 owed to the lumber company + $3,000 owed to the painter). Thus, the amount received by People's Savings and Loan would be $150,000 - $11,000 = $139,000.
45.
A seller was presented an offer on his home which he immediately accepted. The
acceptance was communicated to the buyer. Before escrow was opened, the seller
found another buyer who was willing to pay all cash. He decided to cancel the original
contract and notified the broker of his decision. Under these circumstances:
Correct Answer
B. The broker has an excellent legal basis to collect a commission
Explanation
The broker has an excellent legal basis to collect a commission because the seller accepted the offer on his home and communicated the acceptance to the buyer. Even though the seller found another buyer who was willing to pay all cash, the original contract was already in place and the broker had successfully facilitated the sale. Therefore, the broker is entitled to receive compensation for their services.
46.
The holder of an easement that is not attached to any lands owned by the easement
holder has:
Correct Answer
B. An easement in gross
Explanation
An easement in gross is a type of easement that is not attached to any specific piece of land owned by the easement holder. Unlike an appurtenant easement, which is tied to the ownership of a specific property, an easement in gross is a personal right granted to an individual or entity. It allows the holder to use another person's land for a specific purpose, such as accessing a utility line or crossing a property. In this case, since the easement is not attached to any lands owned by the easement holder, it is considered an easement in gross.
47.
When a real estate broker negotiates the sale of used mobile home, it is the broker’s
responsibility to give written notice of transfer to the Department of Housing and
Community Development within:
Correct Answer
C. 10 calendar days
Explanation
When a real estate broker negotiates the sale of a used mobile home, they are required to give written notice of transfer to the Department of Housing and Community Development within 10 calendar days. This means that the broker must inform the department of the transfer within 10 days of the sale taking place. This notification is important for record-keeping and regulatory purposes, ensuring that the department is aware of the transfer and can update their records accordingly.
48.
The maximum amount of a broker’s personal funds that may keep in his or her trust
account without being guilty of commingling is:
Correct Answer
B. $200
Explanation
A broker is allowed to keep a maximum of $200 of their personal funds in their trust account without being guilty of commingling. Commingling refers to the mixing of personal and client funds, which is prohibited in order to protect the interests of clients. By limiting the amount of personal funds that can be kept in the trust account, brokers are encouraged to maintain the separation between their personal finances and their clients' funds.
49.
When a licensee acts as an agent without authority or color of authority and the acts
are later approved by the principal, an agency has been created by:
Correct Answer
C. Ratification
Explanation
When a licensee acts as an agent without authority or color of authority and the acts are later approved by the principal, an agency has been created by ratification. Ratification refers to the act of approving or confirming an action that was previously unauthorized. In this case, the principal retroactively approves the actions of the licensee, thereby creating an agency relationship.
50.
Bank lends 80% of appraised value with interest rate at 11%. First year interest was
$7,040. What was the appraised value?
Correct Answer
C. $80,000
Explanation
$7,040 / 11% = $64,000 loan amount
$64,000 / 80% = $80,000 appraisal value