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Real Estate
Questions that I keep getting wrong
| Question | Answer |
|---|---|
| A property is sold under a deed restriction (CC&R) that states the property may not be used as a bakery. The property is later converted to a bakery. Under these conditions which of the following is true? | An adjoining property owner may enforce the restriction by a court injunction. |
| A principal factor for which adjustments must be made in using the sales comparison approach is: | the date of sale. |
| A four-bedroom house with one bathroom carries a market value of $120,000. The same house would likely be worth $125,000 if a bathroom could be easily added for a cost of $10,000. This is an example of: | incurable functional obsolescence. |
| Regulation Z of the Truth in Lending Act requires that if any of the terms of a loan (trigger terms) are advertised, then the ad must include details of all of the terms. These required terms include: | the cash price, required down payment, payment amount(s), APR, total of all payments |
| A seller of a property using a purchase money mortgage wants to make sure he gets the rest of his money if the buyers sell the property before completely paying off the contract. | Subject to the mortgage clause |
| Salesperson A for broker B has listed a home. Salesperson C for broker D is trying to sell the home to his own buyer. Salesperson C is a designated agent. Salesperson C is primarily responsible to: | his own buyer. |
| The "broker" has listed an owner’s home. This agreement will be terminated by all of the following EXCEPT: | Death of the listing salesperson Feedback |
| An agent is told by the seller that the taxes are $1500 per year. The agent is asked by the buyer how much the taxes are on the property. The agent should | verify the tax figure for accuracy. |
| Any knowledge the agent has pertaining to coming changes in school district boundaries would: | be considered a material fact that must be disclosed. |
| An option, prior to being exercised, is an example of: Select one: | a unilateral contract. |
| Answering an offer by changing some of the terms and offering the new terms back to the original offeror is called: | a counter offer. |
| Recording a document in the public record legally makes everyone responsible to know what is in the public record and therefore the document is valid and enforceable against other parties | constructive notice. |
| Refusing a tenant on the basis of their profession is | not a violation of Fair Housing |
| The exemption regarding housing for older persons applies to: | housing occupied solely by those 62 or older. |
| Sex was added as a protected class in Fair Housing by what law? | Housing and Community Development Act |
| In a Fair Housing Complaint, which of the following must be proved to show an act was a violation? | Disparate Impact |
| An equal housing opportunity logo or statement should appear | in all residential ads |
| The Interstate Land Sales Full Disclosure Act regulates the sale of undeveloped land across state lines by which methods | by mail or telephone |
| Upon death of your sponsoring broker, which of the following best describes your rights and responsibilities as a salesperson? | You are provided 180 days to close pending business, no new business may be started. |
| When must a Dual Agency form be presented? | Before you act as a dual agent or before a brokerage agreement is entered into. |
| Which of the following MUST be included on an internet advertisement, but not on a printed advertisement for residential real estate? | 1. Name of the broker 2. City and state where main office or branch office is located 3. Regulatory jurisdiction where broker license is held including other states |
| Providing the Residential Property Condition Disclosure Document | is not intended to be part of any contract between the buyer and the seller. |
| If a contract is an earnest money contract: | Neither party can sue for specific performance or other damages. |
| If either party dies or becomes incapacitated before acceptance, then an offer: | Is null. |
| Acceptance of an irrevocable offer under Louisiana Civil Law is best defined as when: | When the offer is signed and received by the offeror. |
| An offer that specifies no time for acceptance or if the offeror has not manifested an intent to give the offeree a delay, the offer may: | Be revoked before it is accepted. |
| When land is expropriated by the state, the landowner may expect compensation as follows: | Just compensation as well as other expenses such as moving expenses etc. |
| When the performance of the obligation of each party is correlative to the performance of the other this is called a (an): | Commutative contract. |
| In dual agency in Louisiana, what must be disclosed | each client and licensee only know the information they were actually given. |
| A licensee engaged in any real estate transaction shall be considered to be representing the person with whom he is working as a designated agent unless | A. There is a written agreement to the contrary B. The licensee is performing only ministerial acts C. Both 1 and 2 are true |
| Which of the following is not true about confidential information? | All information told to a licensee in confidence by a client is considered confidential and cannot be disclosed by the licensee |
| Which of the following is NOT a leasehold estate? A. An estate for years B. Periodic tenancy C. Tenancy in common D. Tenancy at will E. Tenancy at sufferance | A. An estate for years B. Periodic tenancy C. Tenancy in common (correct answer) D. Tenancy at will E. Tenancy at sufferance |
| All of the following would be public land use controls EXCEPT | A. subdivision regulations B. zoning C. environmental protection laws D. deed restrictions (correct answer) |
| Which of the following values is the most likely to set the residential price for a sale? | Market Value |
| A competitive market analysis most likely determines the: | probable price of the property |
| A principal factor for which adjustments must be made in using the sales comparison approach is | the date of sale |
| A partial release clause is generally found in a: | Blanket mortgage |
| When acting as a dual agent, which of the following is easiest to do for both parties at the same time? | Accounting ( not really sure) |
| You have entered into a lease that requires you to pay 20 percent of the owner’s expenses. Your lease would be an example of a: | Net lease. |
| The giver of an option is called the: | optionor. |
| Which of the following bests describes a counteroffer? | It terminates the previous offer by making a new one back to the other party. |
| Sam is a licensed agent who represents the seller of a home. Brian is a licensed agent who represents a buyer who wishes to purchase Sam's listing. After tough negotiations, the property is placed under contract and the typical purchase agreement inspect | Since the purchase agreement likely included an inspection clause for the buyer, after receiving the home inspection report the buyer has the right to rescind the contract and recover their initial deposit making the purchase agreement void. |
| What is the best explanation of when does an offer become a purchase agreement? | When a "ready, willing and able buyer" signs an offer to purchase that meets the terms of the listing contract. |
| Recording a document in the public record legally makes everyone responsible to know what is in the public record and therefore the document is valid and enforceable against other parties. This concept is called: | constructive notice. |
| Under financed transactions covered by RESPA, what is the settlement statement or form called which is distributed to the consumer? | The Closing Disclosure |
| Familial status and handicap were added as protected classes in Fair Housing by: Select one: | the Fair Housing Amendments Act. |
| Sex was added as a protected class in Fair Housing by what law? | Housing and Community Development Act 1974 |
| In 1988 the Federal Fair Housing Act was amended to add which of the following protected classes? | Familial Status |
| The Americans with Disabilities Act states that any employer with _____ or more employees must adopt non discriminatory employment procedures | 15 |
| Commission member appointments are confirmed by the | State Senate |
| The Louisiana Real Estate Commission is comprised of | 11 members appointed by the Governor |
| A licensee is found guilty at a Real Estate Commission hearing and has his license suspended. The licensee appeals the decision in court. Which of the following is true? | The licensee can list and sell during the appeal, but only if a stay of enforcement is granted. |
| If a licensee wishes to advertise property in which they have an interest, which of the following is true concerning advertising the property? | |
| If a broker is involved in obtaining deposits in property management, the broker must | open an account titled "Security Deposit Trust Account". |
| Which of the following MUST be included on an internet advertisement, but not on a printed advertisement for residential real estate? | The associate broker or salesperson's name and contact information. |
| All brokers must have a Rental Trust Account Upon opening an escrow account, an affidavit about the account must be sent to (true or false) | False |
| The buyer in a contract is called the: | Vendee |
| An undivided interest in real property is best defined when: | The property is owned by more than one person who share the same thing |
| A Louisiana lease must be in writing to be valid: | At no time, since written leases are not required in Louisiana |
| Consent of both parties to form a contract is established through: | Offer and acceptance |
| John made an offer of $80,000 on a house and included a check for $5,000 in earnest money. The seller accepted the offer. The next day, John found a house he liked better and asked the seller to release him from the original contract. In this case the sel | John may do so but must forfeit the $5000 earnest money to the seller |
| Deposits are not considered earnest money unless so stated in the contract. (true or false) | True |
| If a licensee sells a property he/she owns without another licensee involved and writes the terms of the agreement accepted by the purchaser | You can not be a Dual Agent on your own property. |
| The process of taking property while providing just compensation is called | Condemnation |
| Which of the following concepts or requirements was NOT a result of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980? | Innocent landowner immunity (answer) the $9 billion Superfund Strict liability Joint and retroactive liability |
| An appraiser uses the cost approach in appraising a home. The appraiser should NOT use which of the following types of information? | Depreciation on the Land (land does not depreciate) |
| You are appraising a property in which the sellers motivation is a significant factor. The motivation would be most important in utilizing which of the following? | Sales Comparison Approach |
| In comparing a ARM and a GPM | They both have lower payments in the early years, but the GPM has a negative amortization |
| The Real Estate Settlements and Procedures Act (RESPA) applies to | All first lien residential mortgages for the purchase of one to four-family homes or condominiums for investment of occupancy |
| An agent lists a property for sale under an Exclusive Right to Sell listing. The agent finds a buyer who makes an offer that is accepted by the seller. The agent gets the commission | If his client then decides not to sell |
| Agent Sam has a purchase agreement to buy a house from Mr. Smith for $100,000. Agent Sam and Mr. Smith agree to new terms including a price of $102,000, and sign a new agreement to replace the old one. then Agent sam sells th right to buy the house for $1 | Novation and Assignment |
| You have a listing on a piece of property and you get a ready, willing and able purchaser to agree to a contract with the seller. Before the act of sale, the buyer and seller mutually agree to rescind the contract. under these conditions, which of the fol | The Broker will return the deposit to the buyer, unless the termination agreement says otherwise. |
| A buyer and a seller enter into a binding agreement to sell a house. the sellers then refuse to sell the house to the buyer because they decide they want to continue living there. Which of the following principles of law will be used to sue the seller? | Specific Performance |
| A quitclaim deed provides which of the following warranties | None of the above is the answer. It has the least amount of protection |
| When new land is acquired as water recedes it is called | Reliciton |
| generally when a notary places their seal on a signature, this is intended to prove | acknowledgment |
| All of th following describe violations of antitrust Laws EXCEPT | A Broker refuses to cooperate with a flat-fee Broker |
| which of the following scenarios would not be considered discriminatory under the federal fair housing law? | A man owns and lives in his four-unit apartment building, and he refuses to rent to families with children. |
| Brokers get together and divide their market areas by region. This is | A violation under the Antitrust Laws |
| The transfer fee for switching license status to inactive is | $45 |
| Which of the following would NOT be required on an internet advertisement? | Month and Year the advertisement was Printed |
| If a licensee wishes to advertise property in which they have an interest, which of the following is true concerning advertising the property? | Although no disclosure needs to be on the yard sign, it is still necessary for the agent to disclose if they are a principle in the transaction. |
| A real estate broker advertising or marketing on a site on the internet must include which of the following on each page of the site on which the advertising appears? | 1. The Brokers name or trade name as registered with the Commission 2. the city and state in which the brokers main office or branch office is located 3. The regulatory jurisdictions in with the Broker holds a real estate brokerage license. Answer is |
| If a real estate licensee advertises his own property for sale | He must always have "agent/owner" or licensed agent in the Ad |
| A salesperson advertising or marketing on a site on the Internet must include the following data on each page of the site on which the licensee's advertisement or information appears. | The salesperson's name, city and state of the broker's office, sponsoring broker's name and license jurisdiction. |
| Where must the required advertising disclosures be included on an email message | On the first OR last page |
| Which if the following statements is (are) true about rejected offers | All offers that are rejected must be signed as rejected by the owner at some point. |
| Lack of legal capacity makes the contract in Louisiana | Relatively null or voidable |
| A lawsuit based on lesion beyond moiety must be filed within | One year |
| Which of the following statements are true about deposits and Ernest money? | Deposits are not considered earnest money unless so state in the contract |
| After how many days notice if a buyer defaults in payments may a Bond for Deed be canceled? | 45 days |
| An offer with a termination date for the offer in Louisiana is said to be | Irrevocable |
| An offer that specifies a time for acceptance is | Irrevocable during that time |
| A charge on one property for the benefit of another is | Predial Servitude (Louisiana) Easement Apportunant (National) |
| When one party is obligated for the benefit of the other, but recieves no return advantage. | Gratuitous Contract |
| Subdivision regulation (private deed restrictions) may be modified by those affected within what time period | After 10 years of both (a) owners representing 2/3 of the land and 2/3 of the owners of the land agree |
| Buying subject to a mortgage | Keeps the seller personally liable for the loan although the lien remains with the property after sale |
| A contract to sell real property that requires the purchase price to be paid in installments and title is to be delivered to the buyer only after a stipulated sum has been paid or the terms met is an | Bond for Deed |
| Bill Jones is a partner in a partnership in commendam. This means | the partnership is limited |
| If a licensee sells property he/she owns w/o another licensee involved and writes the terms of the agreement accepted by the purchaser | It is not a Dual agent |
| Which of the following is an economic characteristic of land? A. Indestructibility B. Situs C. Non-homogeneity D. Immobility | A. Indestructibility B. Situs Correct!! C. Non-homogeneity D. Immobility |
| You and your spouse own your house in a form of ownership in which neither of you can sell the house individually. Your form of ownership is most likely: | A. In severalty B. Tenancy by entirety Correct!! C. Tenancy in common D. Joint tenancy |
| A seller of a property using a purchase money mortgage wants to make sure he gets the rest of his money if the buyers sell the property before completely paying off the contract. | Due on sale clause |
| A. unknown undisclosed defects. B. known undisclosed defects. C. all unknown defects. D. All of the above. Correct!! who is responsible | The seller |
| Are property disclosure forms always required? | Are required in some states. Correct!! |
| You list your property for sale with a broker. The listing contract stipulates that the seller will receive $110,000 “net,” with all proceeds over $110,000 being the broker’s commission. This type of listing is: | A net listing. Correct!!!! |
| The act of sale and the documents produced at the act of sale are based on | Purchase Agreement Correct!! |
| An offer and acceptance must have: | A "meeting of the minds." |
| If the signature on a deed is acknowledged: | It is legal evidence that the signature is voluntary and genuine |
| When new land is acquired as water recedes it is called: | reliction |
| The sudden removal of land of one owner and depositing on the land of another when a stream changes channel. | Avulsion |
| An accountant had withdrawn escrow money to pay operational expenses | The payment of operational expenses from the escrow fund it is illegal and is considered conversion |
| Intentional acts of discrimination are called | disparate treatment |
| Does not require evidence of discriminatory intent and usually involves policies that cause disproportionate harm to members of a protected class, | Disparate Impact |
| An agent puts an ad in the newspaper for a studio apartment in the city. Which of the following ad statements does not violate the Fair Housing Act? | A. Cozy for one or two. Correct!! B. Good start for married couple. C. No children allowed. D. Great for a single. |
| Pre-paid taxes are a credit to who | Credit to seller |
| To be a member of the Real Estate Commission you have to be a broker for? do you have to be a legal resident and qualified elector in Louisiana and how many transactions do you have to have? | A resident of the state of Louisiana and a licensed real estate broker for at least 5 years. No minimum of transactions in experience required. |
| The Commission is required by law to meet | Quarterly |
| Licensees must renew their license by and shall expire on | December 31 if not renewed by January 1 shall be considered expired |
| The LREC never handles disputes regarding | Employment disputes, and disputes pertaining to financial obligaitons |
| Brokers who accept any deposit on behalf of a client in connection with the sale of real estate shall open and maintain a | Sales Escrow Account in a financial institution in the State of Louisiana |
| If the Broker is involved in property management or accepting rent payments on behalf of clients he/she shall open another account titled | Rental Trust Account |
| If the Broker is involved in obtaining deposits in Property management, the broker should open an account titled | Security Deposit trust Account |
| Do Branch offices have to open Branch Office Account | No. They may open an additional accounts but are not required. |
| When must a Dual Agency form be presented? | Before you act as a dual agent or before a brokerage agreement is entered into. |
| According to the Louisiana license law, Listings must be | In Writing |
| A licensee distributing a mold informational pamphlet: | Is not required to provide any further explanation or information regarding mold. |
| Which of the following information must appear on every page of an email advertisement: Select one:A. broker's name B. broker's address C. broker's phone number D. None of the above | A. broker's name B. broker's address C. broker's phone number D. None of the above Correct! |
| The revocation or suspension of a sponsoring Broker's license shall automatically .... no charge if transferred within | Suspend every licensee under the broker but there will be no charge for transfer to a new sponsoring broker if done within 60 days |
| Disbursement of funds upon a reasonable interpretation of the contract that authorized as long as disbursement is not made until 10 days after the broker has notified all parties and licensees in writing. | Is a legitimate reason for a broker to remove a deposit from her escrow account |
| A broker can keep more than $2500 of his personal or company funds in an escrow account: | Only in a rental trust account to pay current financial obligations of a client. Correct! |
| When the performance of the obligation of each party is correlative to the performance of the other this is called a (an): | Commutative contract. Correct! |
| This keeps the seller personally liable for the loan, although the lien remains with the property after sale. | Buying subject to a mortgage |
| An offer that specifies a time for acceptance is | Irrevocable during that time. |
| In Louisiana, the closest term to consideration is: | Cause |
| A Louisiana term for the "limited partnership" as known in Common Law | Partnership in Commendam |
| If another agent is representing a buyer and is showing your listing and you tell him that your seller is eager and may accept a lower price if they make an offer right away, this is | Is not Ok .....It is considered "undisclosed dual agency" |
| Which of the following is true about dual agency? | A licensee may disclose financial qualification of the buyer or tenant to the seller or landlord |