Exam 3

Which of the following is easement for non-use?
Prescriptive easement
Appurtenant easement
In gross easement
Gross easement
Which of the following would be considered a real property?
A maturing grape crop under a sales contract
Trade fixtures
A built in refrigerator in a mobile home that is not attach to the foundation
D. A bearing wall in a single family house
A real estate broker may have difficulty with personal property because its ownership rights and identification. This is because personal property can:
Be alienated
Be hypothecated
Become real property
All of the above
Alienation is the opposite of:
Acquisition
Abrogation
Avulsion
Amortization
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?
Agreement of the parties
After a judgment
Arbitration
All of the above
When an owner acquires land with riparian rights, such rights:
Give the purchaser absolute ownership of adjacent waters
Must be expressed in the deed
May be determined accurately from an examination of public records
Are only available to land adjacent to moving water, a stream or brook within the Watershed
The agent’s commission for negotiating a real property lease is fixed by:
Real Estate Law
Law only if the term is one year or less
Agreement only if the term is over one year
Agreement
When rent is computed on the gross sales of a business, the lease is correctly termed:
A net lease
A gross lease
A voidable lease
A percentage lease
Which of the following is easement for non-use?
Express reservation in a deed
A quitclaim deed from a valid owner
Prescriptive
Implication
The rights or power to sell property in the event of a default under the terms of the trust deed is given by:
Trustee to the trustor
Buyer to the beneficiary
Buyer to seller
Trustor to trustee
The purpose of the Truth-in-Lending Act is to:
Regulate usurious charges for credit
Establish a maximum annual percentage rate
Assure a meanful disclosure of credit terms to the buyer
Limit the cost of credit to the consumer
Which of the following indicators would best define the purchasing power of the U.S. dollar?
Discount rate
Gold standards
Interest rates on treasury notes
Price indexes
Conversation about a real estate finance that includes a reference to “warehousing” activity would probably be referring to:
Securities registered with the Securities and Exchange Commission
Large storage buildings used to secure real property loans
A mortgage banker collecting loans prior to resale
None of the above
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?
Payments for special assessments related to the improvements of the public areas
County/ city property taxes
Monthly interest
Insurance premiums
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:
Establishment of the tax base
Equalization of assessments
Establishment of the actual tax amount
Setting the tax rate
Reserves or impounds of all of the following are recurring costs by a lender, except:
Special improvements assessments
City county, Property taxes
Insurance Premiums
Monthly interest mortgage
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?
A holder of a certificate of title to property used by a title company
A holder of a recorded deed who rents the property
A holder of an unrecorded deed who occupies the property
A holder of an unrecorded quitclaim deed who does not occupy the property
Valuable, adequate, and good sufficient means:
Performance
Just compensation
Consideration
Bilateral contract
Dual Agency is legal if:
All parties know about it before close of escrow
Signing all contracts
The buyer and seller consent to it
Broker and escrow agree to it
Which of the following is most nearly correct concerning buyer’s agency?
It is not legal in California
In buyer’s agency, the seller is forbidden to pay any commission directly or indirectly to the buyer’s agent
Buyer’s agency often gives rise to dispute over who is the “procuring cause”
The buyer’s broker has no agency relationship with the seller or the listing broker and is therefore not liable for their actions
If a broker is an agent of the seller, he owes to the buyer:
The same fiduciary obligations
Only the duty to answer questions honestly
Only a duty to disclose any items which relate directly to the sales price
A duty of fair and honest dealing
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:
Jacob is entitled to a reasonable commission from the owner
Buyer Clark is liable to broker Jacob for a reasonable commission
Broker Jacob has invested time and labor in the transaction and therefore could recover a reasonable amount for the investment of time and labor
Broker Jacob is entitled to nothing
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:
Tell the other broker that the property has already been sold
Present both offers at the same time
Present the offers to the sellers in the same order that he received them
Present the second offer only if the first offeree appears to be a credit risk
24. A real estate agent may legally represent all principals in the same transaction if:
He has informed all the parties
He has obtained consent of all to this agency relationship
Collecting commission for both parties with knowledge of the others
All of the above
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 not mentioned it to Spencer because he had not asked about it. The result is most likely:
Spencer was successful in the suit against Ceeley and Long was entitle to recover damages from broker Ceeley
Spencer recovered from Ceeley only
Long is not liable
Spenser is not entitle to recover from anybody
If a seller of real property inquired to his broker concerning the ethnic background of a prospective buyer, the broker:
Should secure the permission of the buyer’s broker before revealing such information
Is obligated by fiduciary duty to disclose all material facts and therefore must disclose the requested information
Violates the California Fair Housing Act (the Rumford Act) if he gives the seller the requested information
Could give the seller the requested information as long as it is pointed out that the information may not be used to discriminate against the buyer
When a seller makes a counter offer:
The offeror may change the terms without the consent of the other party
The offeror may not change the terms
The offeree becomes the new offeror
The offeror and offeree mutually agree to terminate the agreement
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:
Must have the buyer re-issue the check to the broker so that it can be placed in the broker’s trust account
Must maintain a columnar record of the deposit
Must deliver the check to the escrow
Is not required to maintain a record of the check since it was made payable to the escrow company
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:
Broker is subject to a fine by the Commissioner
Seller could cancel the contract
Seller could do nothing since he has sold above the listed price
Seller must pay a commission
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:
Voidable transaction by Harris
Void transaction
Disguised mortgage transaction
Valid purchase and resale transaction
Attorney in fact is:
A principal who has implied powers
Any legal competent person who has received a power of attorney from another person
Any person acting as a dual agent
Any attorney acting as an executor
An executed contract is a contract:
Completed and fully performed by both parties
Under jurisdiction of probate court
Signed, notarize, and recorded
Novation
In which of the following transactions is the agent required to disclose his or her agency relationship?
The exchange of a commercial property
The sale of a residential triplex
The sale of an office building
An installment sale of a theater
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:
Chattel mortgage
Purchase money mortgage
Holding agreement
Pledge
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?
Notification to the administrator or executor would bind the Wilson State
The death of Wilson constituted a revocation of the offer
The offer and acceptance constitute an enforceable contract
The sale would not be binding because the deed was not delivered before Wilson’s death
A real estate licensee acts as:
Ratification
Ostensible agent
Dual agency
Fiduciary
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:
Inundation, sheet overflow, and ponding of local storm water.
Accretion, avulsion, and alluvium
Frequent, infrequent, and remote
Below water table, water table level, and above water table
Ross, who owns a commercial building, enters into a seven-year lease with Roberts for the property. In your opinion, Robert’s lease is:
An estate for years
Personal property
A chattel real
All of the above
Which of the following is real property?
Stock in a mutual water company
A trust deed
A mortgage
None of the above
Inflationary trends in the housing market affect:
Market values
Market values and sales prices
Sales prices only
Demand for housing
Which of the following items might be short-rated by the escrow holder?
Fire insurance
Title insurance
Real estate taxes
Interest
Alienation expresses a meaning most completely opposite to:
Acquisition
Abrogation
Avulsion
Amortization
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?
I can show it to anyone I want
This conditions we will get a better price value and won’t drop
I cannot accept the listing on your property because it’s prohibited from discrimination
With unacceptable terms they won’t be interested
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:
$150,000
$139,000
$142,000
Nothing
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:
The broker is entitled to no compensation
The broker has an excellent legal basis to collect a commission
The deposit must be returned to the buyer and the buyer has no further claim against the seller
All of the above
The holder of an easement that is not attached to any lands owned by the easement holder has:
An appurtenant easement
An easement in gross
A servient tenement
An easement by necessity
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:
3 calendar days
5 calendar days
10 calendar days
10 business days
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:
$100
$200
$300
$400
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:
Implication
Estoppel
Ratification
Agreement
Bank lends 80% of appraised value with interest rate at 11%. First year interest was $7,040. What was the appraised value?
$64,000
$76,000
$80,000
$85,000
The following instructions were given to a real estate agent to sell properties in a new subdivision: Instruction 1: Sell to women rather than men Instruction 2: Try to sell homes in equal numbers to Hispanics, Asians, Africans and Caucasians Which instruction is a violation to Fair Housing Act?
Sell to women rather than men is discrimination
Try to sell homes in equal numbers to Hispanics, Asians, Africans and Caucasians is discrimination
None of the above
Both A and B
A home owner needed $9,000 to pay for child’s education. The lender arranged an equity loan for the amount of $9,600. The lender must now present the borrower with the following:
Good faith estimate
Schedule of payments
Mortgage loan disclosure statement
Amount of payments
Jackson sold a condominium to William for $90,750. William assumed an existing loan for $30,000. If there is no other agreement and the tax rate is 55% for each $500, the most nearly amount of tax to be paid is:
$57
$100
$83
$67
The current use of a building to its highest and best use is called:
Present use
Future use
Economic use
Interim use
To an appraiser, the method used to evaluate a shopping center is:
Comparison approach
Income approach
Cost approach
Data approach
Which of the following types of listing enables the broker to represent the seller as the agent or allows the broker to purchase the property himself?
Exclusive Agency
Option listing
Open listing
Exclusive right to sell
In 1998, broker Drake acted as the agent for 3 different principals in the purchase of 3 apartment buildings. Later, the purchasers were able to prove that broker Drake had misrepresented the income on the properties and each principal was able to obtain a judgment for damages against Drake in the amounts of $10,000, $15,000, and $25,000. If broker Drake is now bankrupt and each principal seeks reimbursement from the Real Estate Recovery Account. The claimant with the $25,000 judgment would receive:
$10,000
$15,000
$20,000
$25,000
58. An unlicensed employee may not do all of the following in a real estate office, except:
Quote interest rates
Quote property values
Type the listings for the salespersons
Show properties for the salesperson
Vargas owned 3 sections of vacant land. He sold eight parcels of 80 acres each at a price of $160,000. He then sold the remaining landing parcels of 160 acres each at a price of $400,000 per parcel. Based on this information, the total selling price for the 3 sections of land was:
$1,280,000
$2,560,000
$3,200,000
$4,480,000
Which of the following listings may the owner cancel the listing even if it was sold through the agent’s efforts?
Exclusive right to sell listing
Net listing
Open listing
Multiple listing service
Which of the following rights of ownership in real estate may an individual not have?
Eminent domain rights
Adverse condemnation
Subject to transfers
Riparian rights
Willy paid $17,424 for a vacant lot which had area of 21,780 sqft and was 140 ft deep. He then sold the lot and made a 40% profit after paying a 10% commission to Broker John. At what price per front foot did the lot sell?
$155
$174
$193
$200
The owner of a condominium unit in a condominium development is selling her unit and wants to place a “For Sale” sign on the property. If the CC&Rs prohibit the posting of a “For Sale” sign in the complex, the owner:
Is legally permitted to post a sign if it is of reasonable proportions
Must adhere to the restriction in the CC&Rs
Must obtain permission from a majority of the other owners in the project
Must obtain permission from the owners immediately adjacent to her unit
BTU (British Thermal Unit) refers to:
Foundations
Heating systems
Conduits
Hip roofs
A Disclosure Statement regarding any earthquake hazard must be given to a prospective purchaser by the seller or the seller’s agent. This statement must contain which of the following information:
Location of power lines, flood zones and other hazards
Whether the property is or is not in an official earthquake fault zone
The location of all emergency services
All of the above
Which of the following is not related to income tax?
Increase in population
Tax deferred
Homestead
Increase in population
Multiple apartment buildings are represented by?
A3
C3
M3
R3
Increase in value with the passage of time is known as:
Cash flow
Appreciation
Return on the investment
Capital gain
If you are asked to appraise a property built in 1910 for the present, which of the following would you use?
Cost of living index in 1910
Original cost in 1910
Cost of living index
Today’s cost of reproduction less depreciation
A footing is which of the following?
A masonry course upon which the mudsill is fastened
Square blocks of concrete placed under floor joists
A slab of concrete in the rear yard area used for recreational purposes
A heavy concrete course placed in the ground upon which the concrete foundation is set
71. When used in real estate, which of the following terms are usually used with such adjectives as “good”, “sufficient”, “adequate” and “valuable”?
Unilateral contract
Performance
Consideration
Commission
A licensee who speaks of a “grandfather” clause is probably referring to:
Inheritance rights of a direct descendant
Public restrictions on the use of a property
A change in zoning
Continuation of a non-conforming use
For appraising purposes, when making adjustments in the direct comparison analysis:
Any differences in the subject property are adjusted to the market norm
Comparables are adjusted to the market norm
Comparables are adjusted to the characteristics of the subject property
Subject property is adjusted to the standards set by the comparables
When buying a single family residence with the aid of an unlicensed person. If the unlicensed person receives compensation, the agency that will prosecute the unlicensed person is:
District attorney of the respective county
Real estate commissioner
Police department
Superior court
As to ethics, the best guidelines to determine if an action is ethical will be found in which of the following:
The “Realtor’s Golden Rule”
The Business and Professions Code
The conduct of other real estate agents in your office
What is in the best interest of the real estate licensee
A real estate broker presented an offer to the seller, and the seller accepted. During escrow, the seller discovered that the buyer was the brother of the broker. This relationship was not disclosed in the offer. Under these circumstances:
It is a good chance to damage the broker license
No illegal action if the offer is not less than the listed price
Cancel the transaction without liability for the commission
None of the above
Wilson signed an offer before the broker could obtain unqualified signed acceptance of the offer from the seller and Wilson died of a heart attack. The contract is in now:
Notification to administrator could bind the Wilsons estate
Death of Wilson is the renovation of the offer
Unqualified acceptance is an enforceable contract
No binding deed was not delivered prior to Wilsons death
A “release clause” in a trust deed provision:
Relieves purchaser who takes a subject to trust deed from paying a deficiency judgment case of foreclosure
Relieves a co-grantor from further liabilities
Creates a lien only on taxes and assessments
Allows portion of the property given as security to be removed from the trust deed lien upon performance of an act of a specific act
Who is in charge of constructing street’s utilities and curbs?
The city
Developer
County
Construction crew
Which of the following is synonymous?
Interim loan/ Take out loan
Construction loan/ Interim loan
Take out loan/ Construction loan
Take out loan/ Progress loan
Who is in charge of the direct enforcement of building codes?
Real estate commissioner
Zoning laws
Building inspector
Developer
If title and possessions are not concurrent at the close of escrow, the agent must create:
Interim occupancy agreement
A new purchase contract
Charge interest
Notify the lender
A prepayment penalty clause on a loan means:
Penalty to a borrower who makes advance payments
Increase discount points on a government loan
Borrow additional money on the same trust deed
Pay off the entire loan
Turn Key project is:
Approved by the authorities
Construction project completed ready for occupancy
Interior of subdivision
Rural subdivisions
A developer who owned a large parcel of land wanted to subdivide the parcel and sell individual lot to potential builders of single-family residences. In order to finance the costs of improving the parcel with streets, sidewalks, and gutters, and to be able to pass these costs on to the purchasers, the subdivider would use:
Land Sales Contracts
First and second trust deeds
Mello-Roos Municipal bonds
Improvement bonds
If a loan with a due on sale clause taken over “Subject to” without the consent of the lender, then:
The loan may be accelerated
The buyer may lose the property to foreclosure when obtaining financing
The seller may be held personal liable for loan and deficiency if permitted by law
All of the above
A lien imposed by court in all of the principals property is a:
Specific lien
General lien
Attachment
Mechanics lien
What is true about legal aspects of real estate law?
Personal property can never become real property
Personal property can never be financed
Personal property can become real property
Real property only includes personal property
A listing agreement is:
A promise for promise
A bilateral contract
An employment contract
All of the above
Which of the following is necessary for creation of an agency?
Writing
Contract
Compensation
Mutual consent
When is permissible to the broker to fill out the transfer disclosure statement?
When the seller is ready
Before close of escrow
When the agent has instructed to do so by the seller
When the agent inspects the property
Lower the loan to value, higher the:
Equity
Price
Down payment
Higher taxes
A broker placed the following ads, 4 bedrooms 3 bathrooms, pool, spa, $154,000 call 991-2345. Which of the following is true about the ads?
Deceptive ad
Blind ad
Misleading ad
Applicable ad
Demand for non-agriculture properties includes:
Population
Income
Housing cost
All of the above
A contract between seller and broker to sell is in a form of:
General power attorney
Novation
Written agreement
Assignment
Customary procedure to enforce private restrictions in real estate is:
Judgment
Injunction
Indictment
Desist and refrain order
A borrower bought a home for $162,000. Gradual economic inflation affects the equity to the benefit of the:
A. Beneficiary
B. Trustee
C. Lender
D. Trustor
The phrase used by brokers to the principal is:
Fiduciary
Ethical
Legal
Disclosure
What is true about escrow?
Escrow changes from dual agency to single agency for each party
Escrow is always dual agency
Escrow represents only the lenders to follow up the day of closing
Escrow represents only the seller
Which of the following will least appeared on the buyer’s debit side?
Tax proration
Insurance proration
FHA points
Interest on assume loan record
Under FHA MMI represents:
Insures mortgagor in the loss of fire
Pays off the mortgagor if he dies
Insures mortgagee in case of foreclosure
Is paid by the mortgage
Market value is synonymous with:
Cost
Price
Value
Value or probable sales price
The beneficiary on a second trust deed sold it for lesser value, this is an example of:
Compensating balance
Insurance
Discounting
Profit
A licensee is entitling under a non-exclusive listing broker, he must prove:
The procuring cause of sale
That he was representing the buyer
That he’s receiving no commission
That he’s receiving a full commission
Rostanian was denied on credit and was denied access to her credit report and explanation for rejection for credit is not given. Rostanian may do which of the following:
Sue to clear Rostanian’s credit
Sue for attorneys fees
Damages for pain and suffering
All of the above
Burg bought a mobile home from a dealer. Now Burg wants to sell it. Broker Fisher listed the mobile home. If Fisher wants to sell Burg’s mobile home:
Fisher may sell a mobile that is only park in a mobile home park
Fisher may sell only brand new mobile homes
Fisher may sell a mobile home that is attach to a permanent foundation approved and registered
Burg has to wait 1 year to put the mobile home for sale
Out of State relatives of an agent want to buy a property. He made an offer to purchase property with a lease and an option to buy. Disclosures must be presented:
To the owner (seller)
To seller’s broker
To the relatives
All of them require disclosure
An amendment to Transfer disclosure statement to the buyer was not provided:
Receive an award for damages
Rescind the offer
Either A and B
None of the above
A compensating clause for commission expired on a listing agreement. The broker verbally notify to the seller of a new buyer. The following day, buyer and seller got together and started negotiations. The broker may charge:
No commission
Commission on listed price
Commission on selling price
Right to negotiate a commission
A property built next to a gas station, the owner should:
Order soil engineer report
A contractor to build a new wall
A percolation test
Toxic waste report
Ownership rights and interest:
Absolute conveyances or agreements
Liens or charges on land
Estates or fees
All of the above
Tax shelter refers to:
Property taxes
Cash flow relief
Interest income
Income tax
Land value is estimated on the basis of:
Selling price of comparables
Cost approach
Unit in place method
Square footage
Which of the following is requiring for a valid deed?
Acknowledgement
Evection on any day of the week except on Sundays
Property description
Use of the phrase to have and to hold
Charge for the preparation of the Uniform Settlement Act is:
Nothing
Not to exceed $10 dollars
$100 dollars only
Only if buyer decides to pay
Guidance disclosure sequence is as follow:
Disclosure, election, confirmation
Confirmation, election, disclosure
Election, confirmation, disclosure
Disclosure, confirmation, election
After an appraiser collected all the data and applied the appropriate appraisal method(s), the next step in the appraisal process is:
Average the value indicators
Reconciliation
Amortization
Finalization
When appraising a property on a hillside, the appraiser noticed cracks on the walls. The best recommendation is to:
Order soil engineer report
A contractor to build a new wall
A percolation test
Toxic waste report
A real estate broker negotiates the sale of home on behalf of the seller in which the buyer obtains a new first trust deed and the seller carries back a second trust deed for part of the purchase price. The broker recommends to the seller that they execute and record a “Request for Notice of Default”. This would be done for the benefit of the:
Beneficiary of the first trust deed
Beneficiary of the second trust deed
Trustee of the first trust deed
Trustor of the second trust deed
A Disclosure form must be given to the purchaser of any properties that is subject to a lien created under the Mello-Roos Community Facilities Act. The party that is responsible for the delivery of this statement is the:
Seller
Escrow agent
Broker
Title company
Roberto owns an apartment building and wants to exchange his property in a 1031 tax deferred exchange in order to defer paying taxes in the year of the exchange. He could exchange his apartment building for:
A personal residence with an existing plan equal to or larger that the loan on his apartment building
A more valuable apartment building, exchanging loans and paying money to the other party to equalize the values
A less valuable apartment building, exchanging loans and receiving money from the other party to equalize the values
A less valuable apartment building and assume a smaller existing loan
122. A broker shows a prospective buyer a home. The buyer makes an offer and the seller accepts. The broker, buyer, and seller then go to the Reliable Escrow Company where the buyer makes out a personal check for a $1,000 deposit payable to Reliable Escrow Company and hands it to the escrow officer. Which of the following is correct?
The broker has to keep a record of the check in his record of all trust funds received and paid out
The broker has to keep a record of the check in his record of all trust funds received and not placed in his trust account
The broker has to keep a record of the check in his separate records for each beneficiary or transaction
The broker does not have to keep a record of the check
123. What type of title insurance policy covers everything?
ALTA
Extended
Standard
No title insurance policy covers everything
A real estate salesperson is attempting to renew his license. The Department of Real Estate finds that according to the Department of Child Support Services, the party has failed to make the required child support payments. Under these circumstances, the salespersons license:
Can not be renewed
Is automatically revoked
Can be issued on a temporary basis for 150 days
Can be renewed for a 4 year term
To an appraiser to determine the amount of economic obsolescence suffered by a commercial property owner, which of the following is true?
The rents are charge equally
The rents are too high in the neighborhood
The neighborhood prospering
A fire alarm system to be installed
Who signs the reconveyance deed?
Mortgagor
Trustee
Trustor
Beneficiary
If a licensee fails to renew his or her license prior to its expiration date, the licensee:
Must file a new application and take a new license examination
Must file a renewal application within one year and pay the late fee
May renew it provided the licensee completes a 3 hour course in ethics
May renew it within two years by submitting the proper application and pay the appropriate late fee
Seller has an easement attached to the buyer’s property. The seller did not use the easement for 21 years. The seller decided to use the easement after 21 years. The easement is now:
The easement is valid
Terminated for non-use
The buyer reserves the easement
No one has an easement
Which of the following will be considered economic obsolescence?
Termite damage
Bad architectural design
Zoning changes
Negligent care
A real estate broker advertises that he will give a seller a credit in escrow with his commission. For any sellers who list with him, he will pay $50 and same for any buyer who purchases a property from him. This type of advertising is:
Illegal as it is a restraint of trade
Legal if disclosure is made to all parties to the transaction
Prohibited if this is a RESPA transaction
Legal, since the amount offered is less that $100
The purpose of the “hold harmless” clause in the residential Listing Agreement is to protect the broker from any liability or claims resulting from:
Misrepresentations made by the broker
Incorrect information supplied by the seller
False information supplied by the buyer regarding the buyer’s qualifications in obtaining a loan
Misrepresentations made by the broker’s salespersons
An appraiser who is to appraise a commercial property with an estimated value of $550,000 must hold which of the following appraisal license?
Trainee
Licensed
Certified residential
Certified general real estate appraiser
There are three phases of steps involved in the construction of a single family residence. These three steps are:
Land acquisition, map and plan approval and construction
Map and plan approval, construction and buyer approval
Land acquisition, construction and zoning approval
Subdivision map approval, building permits and creation of CC&Rs
In the sale of a residence, when the buyer is to take possession of the property prior to the transfer of title, the buyer and seller should execute a:
Interim Occupancy agreement
Lis pendis
Quitclaim deed
Rental agreement
Two days after entering into a contract for the sale of home, both the buyer and seller agreed to rescind the contract. The broker representing both the buyer and the seller:
Can deduct his expenses before returning the remainder of the deposit to the buyer
Deposit will be divided between the seller and the broker
Must return the entire deposit to the buyer
Must file an interpleaded action in court to determine the disposition of the deposit
When buying a home, buyers prefer which of the following polices;
Fire
Standard
Earthquake
Inundation
The real estate agency disclosure form must be given to the parties in which of the following transactions?
Sale of a theatre
Sale of an office building
Exchange of an office building
Sale of a residential triplex
Agent Ana presented an offer from one of the office listings. The offer had a contingency of the property to be approved by the Uncle Paul since he is financing the property. Ana did not discuss the offer with the buyer. Ana presented the offer to the seller thinking that the uncle will have no objection to the property. The seller received the offer and the offer was accepted. The buyer told Ana that the uncle was out of state and not present to approve the property, and now, they cannot find him and they are uncertain when he is coming back. The action by the agent was:
Unlawful
Acceptable
Good strategy
Illegal
Broker Abe is representing Brown. Brown made an offer contingent to the sale of Brown’s home located in Elm St and Jones accepted the offer on Main St. Then broker Abe handed the offer to broker Ray with a referral fee attached to it. To whom the agent must present the disclosure to:
Only to Brown
Only to Jones
Both owner of Main St. And owner of Elm St.
Both owner of Main St. And owner of Elm St. to Jones and Brown
In appraising to determine value by net income and percentage of reasonable return on an investment:
Capitalization
Net income
Future income
Present value
Which of the following is a unique characteristic of an FHA mortgage?
It has a low loan-to value ratio
It requires a low down payment
It is easy to qualify for
It insures the lender against loss
A commercial bank agreed to lend Davis $180,000 for one year term provided. Davis agreed to maintain a savings account with the bank in the amount of $18,000 during the term of the loan. This provision is known as:
Compensating balance
Risk management
Mortgage insurance
A security deposit
A real estate agent wrote –up an offer for a buyer. The buyer was primarily interested in this particular home because it was locate in a very good school district. The deposit receipt did not make the offer contingent upon the school district. The offer was accepted and escrow was opened. During escrow, the buyer discovers the school district had just been changed and now the home is located in a poor school district. Which of the following is true?
Buyer can back out
Buyer has the right to rescind
Buyer is bound to the contract
Buyer is not obligated to buy
All of the following could be a recurring expense to a reserve of impound account by a borrower, except:
Special improvement assessments
Monthly mortgage interest
Insurance premimums
City or county property taxes
Who signs the trust deed and promissory notes?
Trustee
Beneficiary
Trustor
Mortgagee
Which of the following is true concerning a “buyers agency”?
Buyer agency is illegal in California
In a “buyer agency” the agents represent buyers only
Buyer agent doesn’t allow the seller to pay commission to the buyer.
Buyer’s agent doesn’t have an agency with seller’s agent, he is not responsible for his action
If the city wants to acquire a commercial property by eminent domain, they:
Must obtain approval from the State
Must pay the owner “just compensation”
Need not pay the owner anything
Will institute foreclosure proceedings
148. An appraiser intends that the estimate of value as disclosed in his appraisal report on a property be valid:
As of the date of the appraisal only and may contain past values at some point in the past
For a period of three months after the appraisal date
Until the close of escrow
Until a loan is funded
A broker, who is authorized by another broker to act as a subagent as authorized by the seller, is primarily responsible to:
The broker
The principal
Both the broker and principal equally
Neither the broker nor the principal
A clause on a trust deed where the lender’s right shall be secondary to a subsequent trust deed:
Open end clause
Prepayment penalty clause
Subordination clause
Granting clause
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