1.
Sellers employ a broker to sell their home through the use of which of these documents
Correct Answer
B. Listing contract
Explanation
A listing contract is a document that sellers use to hire a real estate broker to sell their home. It outlines the terms and conditions of the agreement between the seller and the broker, including the listing price, the duration of the contract, and the broker's commission. This contract grants the broker the exclusive right to market and sell the property on behalf of the seller. Therefore, the correct answer is the listing contract.
2.
Which of the following licenses is $50?
Correct Answer
A. Salesperson
Explanation
The correct answer is "salesperson." This is because the question asks for the license that costs $50, and out of the given options, only the salesperson license fits this criteria.
3.
Which section of NY Real Property Law gives authority to the department of state to regulate real estate brokers and salespersons?
Correct Answer
A. Article 12-A
Explanation
Article 12-A of the NY Real Property Law gives authority to the department of state to regulate real estate brokers and salespersons. This article outlines the specific regulations and requirements that brokers and salespersons must adhere to in order to operate legally in the state of New York. It provides guidelines for licensing, education, and ethical conduct, ensuring that real estate professionals maintain the highest standards of professionalism and protect the interests of their clients. By granting authority to the department of state, Article 12-A allows for effective oversight and enforcement of these regulations to maintain a fair and transparent real estate market in New York.
4.
How many members are on the Board of Real Estate?
Correct Answer
D. 15
Explanation
The correct answer is 15. This means that there are 15 members on the Board of Real Estate.
5.
What are the experience requirements for a broker candidate
Correct Answer
D. 2 full years of experience as a licensed salesperson OR three years of equivalent experience in some other aspect of real estate
Explanation
The correct answer states that a broker candidate must have either 2 full years of experience as a licensed salesperson or three years of equivalent experience in some other aspect of real estate. This means that the candidate can either have direct experience as a licensed salesperson for 2 years, or they can have experience in other areas of real estate that is equivalent to 3 years. This allows for flexibility in the candidate's background and recognizes that experience in other aspects of real estate can also be valuable in becoming a broker.
6.
Which of the following statements is false?
Correct Answer
B. An associate broker may not maintain a separate real estate brokers license
Explanation
An associate broker may maintain a separate real estate broker's license. This means that the statement is false. Associate brokers have the option to obtain their own broker's license, which allows them to operate independently and have their own brokerage.
7.
From whom can a salesperson receive compensation
Correct Answer
C. From his or her sponsoring broker only
Explanation
A salesperson can receive compensation only from their sponsoring broker. This means that they are not allowed to receive compensation from any other broker they may work for or from a client. Additionally, they cannot receive compensation from another licensee in the same firm. The sponsoring broker is responsible for overseeing and managing the salesperson's activities, including their compensation.
8.
Which of the following is NOT a mission of the Division of Licensing?
Correct Answer
C. To provide a vehicle for hearings for license law violations
Explanation
The Division of Licensing has several missions, including protecting the health, safety, and welfare of consumers, providing accurate information and qualified licensees to the business community, and providing efficient processing and examination services to license applicants. However, providing a vehicle for hearings for license law violations is not listed as one of its missions.
9.
How old must a candidate for a broker's license be?
Correct Answer
C. 20
Explanation
To obtain a broker's license, a candidate must be at least 20 years old. This age requirement ensures that individuals have had enough time to gain experience and knowledge in the field before being granted a broker's license. It also indicates that the candidate is mature enough to handle the responsibilities and requirements of being a broker.
10.
How many Board members does the governor appoint
Correct Answer
C. 3 brokers and 4 public members
Explanation
The correct answer is 3 brokers and 4 public members. This means that the governor appoints a total of 7 board members, with 3 of them being brokers and 4 of them being public members.
11.
How often must a licensee renew his or her license
Correct Answer
B. Every 2 years
Explanation
A licensee must renew his or her license every 2 years. This ensures that the licensee's knowledge and skills are up to date and that they are meeting the necessary requirements to continue practicing their profession. By renewing their license every 2 years, the licensee can demonstrate their commitment to maintaining their professional competence and staying current with any changes or advancements in their field.
12.
Which statement is true about pocket cards
Correct Answer
C. They are a kind of miniature license that licensees must carry and show on demand
Explanation
Pocket cards are a type of miniature license that licensees are required to carry with them and show upon request. These cards serve as proof of licensure and are an important form of identification for real estate professionals. By carrying and presenting their pocket cards, licensees can demonstrate their legitimacy and compliance with licensing requirements to potential clients, colleagues, and regulatory authorities.
13.
A broker must keep records of transactions on file for how long
Correct Answer
C. 3 years
Explanation
A broker is required to keep records of transactions on file for a period of 3 years. This is important for several reasons. Firstly, it ensures that there is a record of all transactions conducted by the broker, which can be useful for reference or in case of any disputes or legal issues that may arise. Additionally, it helps to maintain transparency and accountability in the broker's business operations. Keeping records for this duration also ensures compliance with regulatory requirements and allows for proper auditing and review of the broker's activities if necessary.
14.
Where must the broker place his sign at his place of business
Correct Answer
D. Outside the building and visible from sidewalk
Explanation
The broker must place his sign outside the building and visible from the sidewalk in order to attract potential clients and advertise his business. Placing the sign outside ensures that it can be easily seen by people passing by, increasing the visibility and reach of the broker's services. This location also allows the sign to be visible to a larger audience, potentially attracting more customers and generating more business for the broker.
15.
What is the form called that nonresident brokers must submit that allows them to be sued in NY state
Correct Answer
C. Irrevocable consent form
Explanation
The correct answer is "irrevocable consent form." Nonresident brokers who want to be sued in NY state must submit this form. This form grants consent to NY state courts to have jurisdiction over any legal disputes involving the nonresident broker. By submitting this form, the nonresident broker agrees to be subject to the laws and regulations of NY state and allows individuals in NY state to sue them in NY state courts.
16.
How many hours of continuing education are required for license renewal
Correct Answer
B. 22.5
Explanation
The correct answer is 22.5. This means that for license renewal, a person is required to complete 22.5 hours of continuing education.
17.
When a licensee terminates his or her association with a firm which statement is true?
Correct Answer
C. The licensee must turn over any and all listing information she obtained during the association
Explanation
When a licensee terminates their association with a firm, they are required to turn over any and all listing information that they obtained during their association. This means that they must provide the information to their previous broker and cannot take it with them to a new firm. This is important to ensure that the broker retains control over the listing information and can continue to represent the clients properly.
18.
When did NY begin to require home inspectors to be licensed
Correct Answer
B. 2006
Explanation
In 2006, New York began to require home inspectors to be licensed.
19.
If there is a change of broker and/or address how long does the licensee have to complete and submit the form to Department of State
Correct Answer
A. 5 days
Explanation
The licensee has 5 days to complete and submit the form to the Department of State if there is a change of broker and/or address. This is likely to ensure that the department is promptly updated with the necessary information and can maintain accurate records of the licensee's current broker and address.
20.
Which of the following courses would not be acceptable to meet the continuing ed requirement
Correct Answer
D. Basic computer skills
Explanation
Basic computer skills would not be acceptable to meet the continuing education requirement because it is not directly related to the field of real estate. The other courses listed, such as residential mortgages, property management, and exchanging techniques, are all relevant and applicable to the real estate industry. Basic computer skills may be important for general professional development, but they do not specifically contribute to the knowledge and skills needed for real estate professionals.
21.
Which of these is not a law violation?
Correct Answer
D. Placing a sign on a property with the owner's permission
Explanation
Placing a sign on a property with the owner's permission is not a law violation because it is a lawful act that does not infringe upon any legal rights or regulations. It is important to have the owner's permission before placing a sign on their property to avoid any potential legal issues.
22.
The section of a hearing decision that describes what the respondent may have done is called what?
Correct Answer
B. Complaint
Explanation
The section of a hearing decision that describes what the respondent may have done is called a complaint. This section presents the allegations against the respondent and outlines the specific actions or behaviors that are being disputed. It provides a summary of the claims made by the complainant and serves as the basis for further investigation and evaluation of the case.
23.
What is a hearing appeal to the NY Supreme Court called?
Correct Answer
D. Article 78 proceeding
Explanation
An Article 78 proceeding is a hearing appeal to the NY Supreme Court.
24.
Which of these activities is prohibited for an unlicensed assistant?
Correct Answer
A. Hold an open house
Explanation
An unlicensed assistant is not allowed to hold an open house because it involves interacting with potential buyers and sellers, providing information about the property, and potentially negotiating offers. These activities require a real estate license as they involve providing professional advice and representing clients in real estate transactions.
25.
What is the penalty for conviction of a misdemeanor
Correct Answer
C. Either fine, imprisonment, or both
Explanation
The penalty for conviction of a misdemeanor can vary and is not limited to a specific punishment. It can include either a fine, imprisonment, or both, depending on the severity of the offense and the discretion of the court. The court may impose a monetary penalty, a period of incarceration, or a combination of both, based on the circumstances of the case and the applicable laws.
26.
Which of these actions would be a licensee law violation?
Correct Answer
D. Accepting a commission directly from a selling
Explanation
Accepting a commission directly from a selling party would be a licensee law violation because it goes against the principle of fiduciary duty. Licensees have a responsibility to act in the best interest of their clients, and accepting a commission directly from the selling party could create a conflict of interest and compromise the licensee's ability to represent the buyer or seller impartially.
27.
Which of these activities could an unlicensed assistant perform?
Correct Answer
B. Collect info for an appraisal
Explanation
An unlicensed assistant could collect information for an appraisal because this task does not require a real estate license. Appraisals involve gathering data and conducting research on properties, which can be done by an assistant without the need for a license. However, soliciting business for the broker, holding an open house, and discussing specific properties with clients all require a real estate license as they involve actively participating in real estate transactions and providing advice or information to clients.
28.
What is a hearing determination?
Correct Answer
A. The section of a hearing document that cites the penalty that the court is imposing on the Respondent
29.
What statement is false?
Correct Answer
B. When taking a condo listing the broker must provide a written explanation of the difference between exclusive right to sell and exclusive agency listings
Explanation
Brokers are not required to provide a written explanation of the difference between exclusive right to sell and exclusive agency listings when taking a condo listing.
30.
Which of these actions is a power that belongs to the Department of State?
Correct Answer
C. Issue a reprimand upon a licensee's conviction of a violation
Explanation
The Department of State has the power to issue a reprimand upon a licensee's conviction of a violation. This action allows the department to formally criticize and warn a licensee who has been convicted of a violation, indicating that their behavior or actions have been found to be in violation of established rules or regulations. It serves as a disciplinary measure and helps to ensure compliance and accountability within the relevant industry or profession.
31.
When is commission considered earned?
Correct Answer
B. When an offer from a qualified buyer has been submitted and accepted and both parties have received signed copies of the agreement
Explanation
Commission is considered earned when an offer from a qualified buyer has been submitted and accepted, and both parties have received signed copies of the agreement. This means that the broker has successfully brought together a buyer and seller, and all necessary paperwork has been completed and signed. At this point, the broker has fulfilled their role in facilitating the transaction and is entitled to receive their commission.
32.
Gladys sells another broker's $300,000 listing for $290,000 at a commission rate of 6%. She has a 60% commission split with her broker. If there is also a 50% brokerage split, what commission will Gladys receive
Correct Answer
A. $5220
Explanation
Gladys sells another broker's $300,000 listing for $290,000 at a commission rate of 6%. She has a 60% commission split with her broker. If there is also a 50% brokerage split, Gladys will receive a commission of $5220. This can be calculated by first finding Gladys' commission on the sale, which is 6% of $290,000, equal to $17,400. Then, taking into account the 60% commission split with her broker, Gladys will receive 60% of $17,400, which is $10,440. Finally, considering the 50% brokerage split, Gladys will receive 50% of $10,440, which is $5,220.
33.
The Criminal Antitrust Penalty Enhancement and Reform Act increased the maximum criminal penalty for individuals to what amount?
Correct Answer
B. 1 million
Explanation
The Criminal Antitrust Penalty Enhancement and Reform Act increased the maximum criminal penalty for individuals to 1 million dollars.
34.
A property seller empowers an agent to market and sell a property on his behalf. What is this an example of
Correct Answer
D. Special agency
Explanation
This scenario is an example of a special agency. In a special agency, the principal (property seller) grants limited authority to the agent to perform specific tasks on their behalf, such as marketing and selling the property. The agent's authority is restricted to these specific tasks and does not extend to other areas.
35.
If an agency relationship arises because of the actions of the parties involved rather than by a written agreement, what is the agency called?
Correct Answer
B. Ostensible agency
Explanation
An ostensible agency is a type of agency relationship that arises when the parties involved create the appearance of an agency relationship through their actions, even though there may not be a written agreement. In this type of agency, the principal (the person being represented) is held responsible for the actions of the agent (the person representing the principal) because they allowed the agent to act on their behalf and gave others the impression of an agency relationship.
36.
The principles of an agency relationship include all of these factors except which one?
Correct Answer
C. Compensation
Explanation
The principles of an agency relationship include mutual consent, authorization, and fiduciary duties. Compensation, however, is not considered a principle of an agency relationship. While compensation may be a common aspect of an agency relationship, it is not a necessary or defining factor. An agency relationship can exist without compensation being involved.
37.
Which of these is not a violation of antitrust laws
Correct Answer
C. Redlining
Explanation
Redlining is not a violation of antitrust laws because it refers to the practice of denying loans or insurance to certain individuals or groups based on their race, ethnicity, or location. While it is a discriminatory practice, it does not involve collusion or anti-competitive behavior among businesses, which are the main focus of antitrust laws.
38.
An owner's agent is showing a buyer an apartment building. The buyer notices water stains on the ceiling and informs the agent. What is the agent's best course of action?
Correct Answer
D. Inform the seller
Explanation
The agent's best course of action is to inform the seller. This is because the buyer has noticed water stains on the ceiling, indicating a potential issue with the roof or plumbing. It is the agent's responsibility to communicate any concerns or issues raised by the buyer to the seller, allowing them to address the problem appropriately. The agent should not immediately contract to paint the ceiling or repair the roof without consulting the seller first. Additionally, suggesting a lower-price offer may not be necessary at this stage, as the issue can be resolved by the seller.
39.
Which of the following is not a fiduciary duty an agent owes to his or her principal?
Correct Answer
D. Blind obedience
Explanation
Blind obedience is not a fiduciary duty because it implies unquestioningly following the principal's instructions without considering their legality or ethical implications. Fiduciary duties, on the other hand, require agents to act in the best interests of their principals, which may involve questioning or refusing to carry out instructions that are unlawful or unethical. Therefore, blind obedience does not align with the concept of fiduciary duty.
40.
Agent is bound to inform his client of all facts that might affect the client's interests -- both what Paul knows and what he should have known. Which of these situations would not be something that agent should know
Correct Answer
C. The owner of the property is HIV positive
Explanation
The agent is not required to know the personal health information of the owner of the property, such as their HIV status. This information does not directly affect the client's interests in relation to the property transaction.
41.
An agent fails to discover flood marks on the walls in the basement of a property. The agent sells the property and the buyer later sues the agent for failing to mention the problem. What statement best describes what can happen in this case?
Correct Answer
B. The agent has an exposure to a charge of negligent misrepresentation
Explanation
The agent may be held liable for negligent misrepresentation because they failed to discover and mention the flood marks in the basement of the property. This failure to disclose a known problem could be seen as a breach of the agent's duty to provide accurate information to the buyer.
42.
What do we call an agent who represents a seller exclusively in a real estate transaction?
Correct Answer
B. Single agent
Explanation
A single agent is an agent who exclusively represents a seller in a real estate transaction. This means that the agent is solely focused on the seller's best interests and works to negotiate the best deal for them. Unlike a subagent or broker agent who may represent both the buyer and seller, a single agent is dedicated to representing only one party, in this case, the seller.
43.
Which of these is not a way a buyer's agent might receive compensation?
Correct Answer
D. Agent gets everything above the net price set by the seller
Explanation
In a real estate transaction, a buyer's agent typically receives compensation from the seller, either directly or through the listing agent. This compensation is usually a percentage of the sale price or a commission. However, the answer "Agent gets everything above the net price set by the seller" suggests that the buyer's agent receives the additional amount above the agreed-upon price set by the seller, which is not a common way for a buyer's agent to be compensated.
44.
Which part of the NY License Law requires agency disclosure
Correct Answer
A. Article 12-A, Section 443
45.
If a cooperating broker accepts the offer of subagency from a listing broker, to whom does the cooperating broker owe fidiciary duties?
Correct Answer
C. Seller
Explanation
When a cooperating broker accepts the offer of subagency from a listing broker, they owe fiduciary duties to the seller. This means that the cooperating broker must act in the best interests of the seller, providing them with loyalty, confidentiality, disclosure, obedience, and reasonable care. The cooperating broker is essentially representing the seller in the transaction, even though they may be working with and assisting the buyer.
46.
Which type of agency would be most advantageous to a buyer?
Correct Answer
B. Buyer brokerage
Explanation
Buyer brokerage would be most advantageous to a buyer because it involves an agent who exclusively represents the buyer's interests. This type of agency ensures that the buyer's needs and preferences are the top priority, and the agent works solely to find the best property and negotiate the best terms for the buyer. This arrangement provides the buyer with a higher level of representation and protection compared to other types of agencies where the agent may have divided loyalties or represent the seller's interests.
47.
What form of limited agency is a good alternative to dual agency
Correct Answer
C. Designated agency
Explanation
Designated agency is a good alternative to dual agency because it allows for the appointment of separate agents to represent the buyer and seller in a real estate transaction. This ensures that each party has their own dedicated agent who can provide unbiased advice and representation. Designated agency helps to avoid conflicts of interest that may arise in dual agency, where one agent represents both parties simultaneously. By having separate agents, designated agency promotes transparency and ensures that each party's best interests are prioritized.
48.
Which of the following terminations of an agency relationship could result in legal or financial ramifications
Correct Answer
D. Renunciation by the client
Explanation
Renunciation by the client refers to the client voluntarily terminating the agency relationship without the agreement or consent of the broker. This termination could result in legal or financial ramifications because it may breach the terms of the agency agreement or contract. The broker may have invested time, effort, and resources into representing the client, and the sudden termination could lead to financial losses for the broker. Additionally, if the termination is not done in accordance with any contractual obligations or legal requirements, the client may be held liable for any damages or losses incurred by the broker.
49.
Sally is a subagent working for Seller Pat. What does Sally owe to Buyer Brad?
Correct Answer
A. Honest and fair dealing
Explanation
As a subagent working for Seller Pat, Sally owes honest and fair dealing to Buyer Brad. This means that Sally must act in good faith, provide accurate information, and not engage in any deceptive or unfair practices during the transaction. Sally should ensure that all negotiations are conducted with integrity and transparency, prioritizing the best interests of both the buyer and seller.
50.
Mary has a listing agreement with Broker Tom. Mary tells Tom she wants him to to help sell her property. Tom gets Larry, Gail and Bill, who all work for other firms to help find a buyer for Mary's property. Who would be liable for Bill's actions
Correct Answer
C. Broker Tom
Explanation
Broker Tom would be liable for Bill's actions. Since Tom is the broker and has enlisted the help of Larry, Gail, and Bill, he is responsible for their actions while working on the sale of Mary's property.