Exam 2
Two friends hold title as joint tenants. One borrowed money and executed a note deed of trust against the home. In terms of affecting title, this action could:
Destroy one of the four unities of joint tenants
Place the beneficiary in a precarious position should the borrower die before the debt is paid
Invalidate the note since a lien can be attached only to the undivided interest of all joint tenants
Create a security interest in all other real property in which the borrower may have an interest
Joint tenant estate held by two joint tenants is severed and ended by the following, except:
By the execution of a mortgage or deed of trust by one joint tenant creating a lien against his interest
A foreclosure by one of the joint tenants
One of the joint tenants transfers his interest to a third party
One of the joint tenants selling his interest
A man owns six separate parcels of real property. He wants to offer all of the parcels as security for a mortgage loan. The mortgage that he obtains will probably be:
A mortgage
A trust deed
Blanket mortgage
Security mortgage
All of the followings are acts of one joint tenant terminates a joint tenancy, except when the joint tenant:
Sells his or her share
Transfer his or her share
Mortgages his or her share
Deeds his or her share to a co-owner
A conflict in a contract between buyer and seller and also in the instructions to return the deposit from the trust account. The broker was unable to resolve the problem and refers it to a third person by:
Interpleader action
Court action
Judicial action
Attorney
A contingency in a contract is:
Nature of the contingency
Duration of the contingency
Method how to remove the contingency
All of the above
Under the real estate law, if an agent is found guilty of discrimination, the real estate commissioner will:
Revoke or suspend the agent’s license
Cancel the license for 150 days
Suspend the license for 3 months
Suspend the license for 1 year
Which of the following is misrepresentation?
Material to contrary
Information known by the broker that is false
False information to bind a buyer to a contract
All of the above
Broker Hadley took a listing from Watanabe for 30 days. Watanabe gave instructions to Hadley that he could purchase the property himself. After the 27th day, Hadley decided to buy the property. Broker Hadley present to the seller:
His Interest on the property
The net amount to the seller
Commission disclosure
All of the above
The purpose of a deed is:
To transfer title
To be acknowledged
The evidence in change of title or an interest
To be recorded in the county recorders office to be valid
11. Before his death, Westland had several listings. Now, Westland’s daughter is taking over the business. In regards to listings:
Automatically cancelled and she needs to re-list the properties for the clients
Automatically cancelled
May be cancelled only in writing and approved by the daughter
Must be cancelled within 24 hours or the listings are automatically transfer to the daughter
A hispanic wants to be shown property in certain neighborhoods. The real estate agent should:
Show him properties as any other client
Show him properties only in areas he decides to
Provide information about the ethnicity of the neighborhood
Show properties in areas where Hispanic population is greater
The agent who will earn a commission is the one that:
Signed the purchase agreement
Communicated offer and acceptance from seller to buyer
Communicated the offer to the seller
Accepted a deposit first
In a new developed subdivision, the Real Estate Commissioner was informed of misrepresentations being made by the developer. The commissioner may stop the sale of more lots by:
Revoking the final public report
Filling an accusation
Suspending the developer’s contractor’s license
Issuing a desist and refrain order
Which of the following must be given to a buyer of a condominium unit?
Copy of the CC and R’s
Copy of the by laws
Copy of the most recent financial statement of the association
All of the above
A binding contract represents:
Offer and delivery
Offer and acceptance
Acceptance from buyer
Acceptance from seller to seller’s agent
When comparing FHA and conventional loan, the conventional loan offers:
Higher loan to value ratio
Lower payments
Lower interest rates
Lower loan to value ratio
A home sold for $178,000 and leased at $1,200. If another home is leased at $1,300 the value is:
$193,000
$136,000
$200,000
$190,000
The right of an interest in real property is represented by:
Quiet title action
Trust deed
Quitclaim deed
Mortgage
A brother and sister owned a property as joint tenants. The brother died penniless and left unsecure debts, the title to the sister is now:
Tenants in common
Free and clear of debts from the brother
Lien on the property from the debts from the brother
To pay only half of the brother’s debts
Which of the following best refers to seller’s market?
Cause prices to drop as demand is decrease and supply increases
High prices of a product with demand and supply lags
Demand and supply of a product with a decrease of buyers
Decrease on land and construction
A real estate broker discovers that one of the agents was receiving referral fees from a lender that they do business with. The broker fired the agent and warned the other agents not to receive any referrals according to the real estate law:
Both broker and salesperson may be subject for prosecution
Only the agent will prosecuted by the department of real estate
Only the broker will be prosecuted by the department of real estate
The broker’s conduct is acceptable no should receive referral fees
Buyer and seller decided to cancel the transaction. The seller instructed the broker to return the buyer’s deposit. The broker should:
Return the deposit and sue buyer for his commission
Return only half of the deposit to the buyer
Return the deposit as instructed
The agent may collect his commission in court from the seller
A document used to represent another person:
Power of attorney
Grant deed
Reconveyance deed
Attorney in fact
In regards to appraisal, all of the followings are true, except:
Cost approach is use in new construction
Cost approach is use for special properties
Cost approach is use for commercial building
Cost approach sets the lower limits of value
Which of the following policies covers all the risks?
Homeowners insurance
Extended policy
Standard policy
No policy covers everything
When appraising an old residential property in regards to periodic tenancy:
Compare to rentals and comparables in the area
Determined by square footage
According to the type of neighborhood
Obtained from the assessor’s value
Fuentes purchased Brown’s house and agreed to assume the existing mortgage:
Brown is relieve from future liabilities
Brown is liable for the loan
Fuentes is not primary responsible for the loan
Brown and Fuentes are liable
A sale of a property through probate, the commission will determine by:
Court ordered
Real estate commissioner
Board of directors
The administrator
A voidable contract is a contract that:
Is valid only when is signed, but for some reasons, it cannot prove by either party
Contains all legal requirements but may be cancelled by anyone
Is valid and enforceable on its face, but it may be rejected by one of the parties
Is a contract with no legal effect
When comparing real property to personal property:
Immovable by law
Movable
Personal exclusively
Transferable by a bill of sale
A Standard policy will cover against:
Property lines
Zoning
Legal incompetence of the grantor
Property survey
Under the income tax law, a salesperson is:
Employee of the broker he/she is permitted to work for
Self-employed contractor
Employee of the broker and the broker must pay for medical insurance
Self-employed and employee of the broker
As Is” is permitted when:
A buyer is fully informed about known defects before bind to contract
Only if buyer asks for a transfer disclosure
The property is finance through a private investor
Only if the property needs major repairs
An appraisal is least concern with general state economy in appraising for:
Shopping center
Electronic assembly
Medical dental building
Industrial park
The maximum amount that may be recovered from the Recovery Trust Fund is:
$20,000
$10,000
$100,000
$50,000
For a property under default, a possession of the property is held by:
Trustee
Trustor
Beneficiary
Mortgagee
Earthquake hazard report must be issued to properties in:
All California
All counties
All cities
Only to specific types of structures on earthquake zones
The maximum value of a property due to architectural design and stability of neighborhood is:
Progression-regression
Stability
Conformity
None of the above
A contractor was installing a new hardwood floor and was unpaid and placed a lien on the property. The lien started running from:
After the installation on the hardwood floor
Commencement of the installation of the hardwood floor
The date recorded at recorder’s office
3 days after the installation of the hardwood floor
The ordinary repairs on a property are known as:
Repairs
Rehabilitation
Cosmetic maintenance
Wear and tear
The standard policy of title insurance consists of three processes. Which of the following is not one of the three processes?
Determination of correct boundary lines and property survey
Amount of insurance require
Title investigation
Protection of title losses
When a property is being sold through an option, the broker must inform to the client that he is acting as a:
Principal
Agent
Broker
Seller
Capitalization rate means:
Converts income into value
Finds the gross income of a property
Establishes the cost of capital
Depreciation value
Conditions affecting interest rates and the availability of loan funds vary overtime. When would it be advantageous for a lender to waive a payment penalty clause contained in a promissory note?
When loans available with low interest rates
In a deflationary economy
In a tight money market where there is a lack of funds available for real estate loans
When the FED lowers his reserve requirements
When a broker is representing both buyer and seller on an exchange transaction and doesn’t disclose his dual agency. The remedy of the parties is:
No commission
Cancel the transaction
Sue for criminal and civil action
All of the above
When can an agent refuse to transmit an offer?
The seller has accepted a back up offer
When the agent is acting as a gratuitous agent
The agent may refuse to transmit an offer to anyone at any time
When he is acting on express instructions from the principal
Broker Taylor listed a property for $55,000 with instruction from the seller that the minimum down payment not to exceed 23%. The broker then presented an offer with all cash and the seller rejected the offer. With this circumstance:
The seller can turn down the offer without liability and pay no commission because the offer did not meet the requirements in the listing
The broker is entitle to a full commission
The broker is entitle to a commission based on the appraised value
The broker is entitle only to a 23% of the appraised value
A broker has a listing and one of his salesperson sells the listing. This is known as:
Dual agency
Single agency
Single agency for the buyer
No agency
Deed covenants that limit the conveyance of properties to persons of the minority group, these restrictions:
Have no effect on the conveyance covenant and are unenforceable
Are enforceable if buyers prefer to have them
Are valid only buyer and seller may cancel them
May be cancel by escrow
If the selling property has an item that is not present on the comparables, the appraiser has to:
Add from the subject property to the comparables
Subtract from the subject property to the comparables
Add from the comparables to the subject property
Add to the basis of the subject property
A clause on a trust deed that agrees to be on a lower position is known as:
Acceleration clause
Subordination clause
Or more clause
Agreement clause
A document to transfer property from trustee to trustor is:
Grant deed
Trust deed
Reconveyance deed
Partial reconveyance deed
When an agent is a subagent of the selling broker, he is working for:
The seller
The buyer
The lender
The beneficiary
Omedo’s home is close to an airport. Omedo’s legal proceeding against government authorities is called:
A. Just compensation
B. Eminent domain
C. Condemnation
D. Inverse condemnation
The City made a change in zoning that is not permitted in the construction industry. This is an example of:
Variance
Building code
Restrictions
Zoning changes
The activity of an unlicensed person working for a real estate office according to the department of real estate:
The agent is self-employ
The agent is an employee of the broker
The agent must be under a licensed supervision
The broker has no duty to supervise the agent
When an appraiser appraises a commercial building for $550,000, the appraiser must have:
General appraisal license
Certified license
Commercial license
Appraisal license
According to the department of real estate, if an agent wants to advertise on the World Wide Web:
According to the department of real estate, if an agent wants to advertise on the World Wide Web:
Only to real estate brokers
Anyone appointed by the broker
Anyone appointed by the real estate commissioner
If the seller presented the hazard disclosure statement to the buyer, which of the following is true:
The seller is not obligated to disclose anything else other than the report
No other disclosure is needed
The buyer must agrees to the content disclose in the hazard disclosure statement
Seller and seller agent are obligated to disclose any material hazard for which they are aware
Which of the following is true in regards to Hazard Safety Disclosure Statement and Transfer Disclosure Statement?
Hazard safety disclosure statement and transfer disclosures are needed only if buyer is interested.
The hazard safety disclosure statement is a complete hazard disclosure
If the transfer disclosure statement is presented, no other disclosures are needed
They must check the public posted maps to discover and disclose existing hazard information if it is available. The transfer disclosure statement is limited to information that the owner knows.
Which of the following is a violation of Federal Housing Law according to periodic tenancy?
Requiring first month rent in advance
Acquiring co-signers for unmarried persons only
Acquiring good credit rating
Acquiring references from previous landlords
Which of the following report is the most complete report?
Narrative report
Form report
Letter report
Neighborhood data
A tenant may be justified in abandoning a leased property if the landlord has constructively evicted the tenant. Which of the following acts would be an example of constructive eviction?
The landlord has shown the property to a new prospective tenant and has entered into lease negotiations with the new tenant.
The landlord has failed to make necessary repairs to the premises
The landlord has made extensive and unwarranted alterations to the premises, making it no longer usable for its original purpose
All of the above
Nominal rate or normal rate means:
The rate stated in the loan documents
The rate named in the note
The rate printed in the purchase agreement
The rate set by escrow instructions
Which of the following listing allows an agent may collect a commission even if sold through the owner:
Exclusive right to sell listing
Exclusive agency listing
Open listing
Net listing
Roger sold his home and he paid $140 for escrow services and 6% commission. The seller received $13,583. The sales price is approximately:
$12,770
$14,440
$14,540
$14,600
An agency relationship is represented by:
Oral agreement
Written agreement
Assignment
Commission agreement
A dual agency is permitted when:
Buyer and Seller agree to it
Buyer agrees to it
Seller agrees to it
By lenders approval
A written contract between the broker and salesperson has to be in writing according to:
And Regulations of the Real Estate Commissioner
The National Association of Realtors
Only if necessary
To the multiple listing services
Riparian rights is the right of owners who are located on borders of:
River and streams
Bays and arms of the sea
Subterranean cavities
All of the above
As for rules and regulations, a pest control company must provide:
Copy to the owner
Copy to the seller
Copy to the escrow company
Copy to the lender
Once a binding contract has been created between buyer and seller, it is:
Equitable title
Legal title
Certify title
Pending title
The date in the purchase contract is the date:
The buyer signed
Contract was prepared
Agent received the deposit
Final acceptance was communicated to the offeror
The construction industry is regulated by:
State housing law
Local building codes
Contractors license law
All of the above
If a lender decides to take a deed in lieu of foreclosure:
Must receive an approval of sale from the trustor
Must get a deficiency judgment in court
Will own the property free and clear
Assumes any junior liens
The market data approach is accomplished by:
Based on the assessed value
Inferred of comparable properties
Unspecified consideration
Being notarized by a notary
A listing must contain all of the following, except:
Compensation
Lawful object
Unspecified consideration
Being notarized by a notary
The Federal Fair Housing Law declares a United States policy of:
Eliminating prejudice throughout the United States.
Building houses for minority groups throughout the United States.
Guaranteeing separate but equal housing in all of the states.
Providing Fair Housing for persons throughout the United States.
Buyer and seller entered in a contract and the buyer asks the broker to move into the property before closing of escrow, the broker must:
Obtain written consent from the owner
Give the buyer a temporary lease
The agent may give the buyer oral permission
Obtain written consent from the buyer
David sold his friend’s home in Yolo County. David has no license and received a commission. Who will prosecute David?
District Attorney
Real Estate Commission
Attorney General
Board of Supervisors
John entered into a right to sell listing with Broker Otis. John gave Otis $100 to advertise the property. The payment of the $100 to Otis must:
Deposit in the trust account and use for the purpose intended
Hold towards his commission
Not necessary to deposit in the trust account if it is less than $200
None of the above
A broker must have in writing of any employments with which of the following:
Secretaries
Janitorial Employees
Real estate staff
All of the above
An exclusive agency listing may be for a period of:
180 days
60 days
6 months
Any time agreed between the agent and seller
An easement attached to the land is known as:
Gross easement
Prescriptive easement
Appurtenant easement
Ingress easement
All of the following are necessary for a valid contract, except:
Meeting of the minds
Lawful object
Consideration
Payment of money or performance
An appraiser will deduct the vacancy factor of an apartment to reach at:
Effective gross income
Net income
Gross income
Appreciation
An agent is authorized to accept a deposit on behalf of the seller, this is found in which of the following contracts:
Listing agreement
Purchase agreement
Escrow instructions
Loan documents
A lessee may abandon the property by all of the following, except:
When property becomes dilapidated due to tenants negligence
Condemnation by eminent domain
Failure of the landlord to make repairs
Eviction notice
Broker Marshall sold to Sanders a property AS IS. Marshall and seller knew about problems with the plumbing. Sanders after close of escrow discovered the problems with the plumbing. If the buyer wants to seek legal proceedings, he will be:
Successful because the duty to disclose material fact cannot be avoided by AS IS
Not successful because the property was sold AS IS
The buyer’s responsibility is to hire a professional home inspector
As Is provisions the buyer must accept the property on its present condition
The authority that prohibits an agent to do an act of fraud is found in:
Business and professions code
Listing agreement
Real estate office conduct
Based on advantage of an agent to sell the property
As to ethics, the best guidelines to determine if an action is ethnical 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
What State agency would be a consumer contact in order to obtain a written report disclosing the presence of wood destroying organisms?
Department of Real Estate
Department of Corporations
Department of Housing and Development
Structural Pest Control Board
A board foot is:
Six inches by twelve inches by three inches
Six inches by six inches by six inches
Twelve inches by six inches by four inches
Six inches by twelve inches by two inches
In order for a broker to be able legally to claim a commission on an exclusive right to sell listing, which of the following termination dates would be appropriate?
Until either principal or agent gives proper notice of rescission.
120 days after completion of the improvements.
For 180 days from the date the listing agreement is signed by the contracting parties.
For 90 days after a conditional commitment is issued by the FHA.
Amezcua was asked to disclose her ethnicity in the loan application:
Sue the real estate broker
Refuse to disclose the portion of the loan application
Must fill in the entire application including the ethnicity disclosure
Do nothing
If the buyer and seller agree to prorate property taxes as of the date of the close of escrow; and escrow closes on May 1st, and the current annual tax bill of $1,380 has been paid, the escrow agent would appropriately debit the buyer for:
$130
$230
$115
$680
When a home is financed under the State of California Veterans Farm and Home Purchase Plan, which of the following documents is used?
A real property purchase contract
Listing agreement
A grant deed
A mortgage
Which of the following is a fiduciary relationship?
Buyer to seller
Landlord to tenant
Sellers to appraisal
Agent to principle
The earthquake booklet was not necessary to be disclosed if property was built after:
1957
1960
1975
1978
Under which of the following listings can the seller refuse to pay a commission even if the agent is procuring cause?
Open listing
Exclusive right to sell listing
Exclusive agency listing
Net listing
In the event a home was constructed in high quality cost of $190,000 at the neighborhood of $100,000 value homes. This is an example of:
Progression
Social obsolescence
Functional obsolescence
Economic obsolescence
Which of the following is not a valid reason for the seller to terminate an exclusive listing?
The broker’s license was revoked
The seller declared bankruptcySocial obsolescence
One of the seller’s relatives gets a real estate license and the seller wants her to have the listing
The broker was declared mentally incompetent after signing the listing
Hanson wants to buy a property and talks to Broker Cohen about that particular property that he wants to buy. Broker Cohen contacts the property owner and tells him that Hanson wants to buy his property. The owner tells the broker that the property is not for sale. Three months later, Hanson found out that the seller entered into a purchasing contract with Hanson. Under this circumstances broker Cohen:
Sue for his commission
Sue for his time and labor
Get pays a finders fee
Entitle to nothing
In applying the principles of Easton vs. Strassburger case, the real estate licensees are obligated to give prospective buyers:
A list of obvious defects and functional obsolescence.
A list of known defects and those that should be known
A strong recommendation that the buyer obtain a home inspection.
A disclosure forcing the buyer to take the property “as is”.
Mr. Arturian granted a property to Macy with a condition not to drink alcohol beverages. Macy’s ownership is now described as:
Fee simple defeasible
Conditional
Agreement
Fee simple
The maximum fine that may be imposed by the Real Estate Commissioner against a broker who pays an unlicensed person for soliciting borrowers or negotiating real estate loan is:
$1,000
$5,000
$10,000
$50,000
In the event a person is discriminated against in violation of Title VIII of the Civil Rights Acts of 1968, that person may seek relief by:
Filing a Civil Action in a State Court.
Filing a Complaint with the Secretary of HUD.
Filing a Civil Action in a Federal Court.
Of the above.
Which kind of relationship does the salesperson not have?
Attorney-in-fact
Broker-client
Fiduciary
Attorney-client
Which of the following is a commercial acre?
Any parcel of 43,560 square feets
An acre located outside of an R zoning
An acre after deductions for streets, sidewalks, curbs and alleys
An acre zoned for commercial purposes
The purpose of the assessment roll, as compiled by the assessor’s office is:
Determination of the actual tax to be paid by the property owner.
The equalization of the assessments among the various properties.
The setting of the tax rates.
The establishment of the tax base.
Buyer makes offer to buy a home including all the appliances. Seller is willing to accept offer, but will not include all of the appliances. Agent crossed out buyer’s requirement for all appliances without the knowledge or consent from the buyer. Seller then accepted the “modified offer.” Agent’s action was:
Unethical, but not illegal
Legal, if seller was aware of agent’s action
Common practice by most real estate agents
Illegal
An estate at sufferance:
Possession of the lease after expiration of his lease term
Possession of the lease after expiration of his lease term with seller’s approval
Possession of the lease during the lease
Eviction of the lease for non-payment of rent
Jack leases a single family dwelling property from Mr. Michaels. After the lease agreement is signed and Jack moves in, Mr. Michaels insists that Jack to sign a contract with an agreement to make substantial capital improvements to the property. This requirement by the lessor would render the lease contract:
Valid
Voidable by the lessor
Voidable by the lessee
Void
Jackson leased his home to Sullivan with a verbal agreement to sell the property to Sullivan. Jackson knows that Sullivan has been making significant improvements to the property in reliance on the verbal agreement. Jackson now declines to sell the property to Sullivan. Which of the following best describes the rights of the parties?
Jackson must sell because he made an ostensible agreement
Sullivan has no right to enforce the verbal agreement
Jackson must sell because the doctrine of estoppels will apply in this case
Jackson does not have to sell because of the Statute of Frauds
Bank lends 80% of appraised value with interest rate at 11%. First year’s interest was $7,040. What was the appraised value?
$64,000
$76,000
$80,000
$85,000
The SW ¼ of the NW ¼ of Sec. 5 is valued at $800 per acre. The S ½ of the NE ¼ of Sec. 8 is valued at $500 per acre. What is the difference in value between the two parcels?
$6,000
$8,000
$10,000
$32,000
The original amount of a straight note that calls for interest payment of $60 per month based on a rate of 8% per annum is:
$4,000
$7,500
$9,000
$12,000
Wong bought a vacant lot for $17,424 and wants to sell the lot to make a 40% profit after paying a 10% commission. What price must he sell the lot for?
$24,393
$27,104
$28,395
$31,402
An investor purchased a trust deed and note at a 20% discount. This was one year fully amortized note with a face amount of $4,500 with payments of $393 per month including 9% interest. If the investor holds the note for a full year, the yield on the investor’s original investment would be:
29%
31%
24%
36%
On August 5th, a buyer gave broker Gutierrez a personal check for $1,000 made payable to the seller. The buyer instructed broker Gutierrez that the check should be held un-cashed until August 30th. Broker Gutierrez must do following:
Not accept the deposit
Return the deposit to the buyer
The broker may accept the deposit and instruct the seller that the check has to be held until August 30th
Do not accept personal checks
Which of the following factors would tend to make real estate values unstable in a residential neighborhood?
An increasing amount of average priced homes are being constructed in a neighborhood with a number of high priced homes
Local zoning restrictions limit or prohibit the construction of multiple family units
The residents of a neighborhood are of the same ethnic background and religious beliefs
The sub divider demands that all homes to be constructed by those purchasing lots be a minimum number of square feet and value
Misuse of the term “Realtor” is:
A violation of the California Real Estate Law
A felony offense
Unethical but not illegal
Only unethical in California
When the Real Estate Commissioner wishes to proceed against a licensee for a suspected violation for the Real Estate Law, the Commissioner must first serve the real estate licensee with:
A complaint
A demurrer
A statement of issues
An accusation
Federal law requires sellers, landlords, and remodelers to disclose known information of lead-based paint hazards. It is assumed that lead paint was last used on homes built before:
1952
1967
1978
1989
When applying the capitalization of net income approach to establish the value of an income property, which of the following would not be included as an expense?
Cost of capital
Utilities
Property management
Reserves for replacement of improvements.
The owner of land owns riparian rights to water on, under, or adjacent to the land in which of the following:
Oceans and bays
Or streams
Underground caves with water
All of the above
John owns a lot that measures 150 feet deep by 50 feet wide. The zoning laws require a 20 foot front setback and 4 foot setback on both sides and at the back. The building size of this lot is:
5,292 square feet
5,560 square feet
6,556 square feet
6,800 square feet
The broker has an oral listing to sell real property. The broker presented an offer which the seller accepted. The seller then requested to broker to give him the buyer’s deposit check:
The broker must give the check to the seller
The broker must deposit the check in escrow
The broker must deposit the check in the trust account
Return the deposit to the buyer
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