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Test Questions
| Question | Answer |
|---|---|
| A listing broker earns a commission when | The broker brings a contract from a ready, willing and able buyer at contract price and terms. |
| A metes and bounds description is most commonly used when | There is no recorded plat. |
| A title cloud could be removed by | A quit claim deed. |
| A property owned and used as a primary residence is known as | A homestead |
| A property which is owned as tenants by the entireties is owned by | Husbands and Wives |
| Which of the following is an emblement? | A growing crop of tobacco |
| An appraisal of property is BEST defined as | Estimate of value |
| A home with outdated plumbing fixtures and appliances would most likely suffer from | Functional obsolescence. |
| Functional obsolescence. | Also known as a form depreciation, results from the outmoded equipment, faulty or out dated design. m |
| Physical deterioration | A form of depreciation, results from the wear and tear through use such as wall to wall carpet that has been worn thin or a water heater that needs to be replaced. Also results form the action of nature in the form of sun, rain , cold or heat. |
| Curable and incurable depreciation | Functional and physical depreciation can be separated into two components. |
| Curable depreciation | When the benefit to cure (fix) the depreciation equals or exceeds the cost. |
| Incurable depreciation | When the cost to cure depreciation exceeds the economic benefit |
| Economic obsolescence | Loss of value due to the external forces or events, This is always thought to be incurable. |
| Which of the following is NOT a right of the state in privately held property | Deed Restrictions |
| Sellers, in the signing of a deed, swear that they are who they claim to be and they are signing the deed of their own free will. This is best described as: | An acknowledgement |
| A seller lists his property with a broker and the agreement provides that if the seller should find a buyer for the property himself, there will be no commission due to the broker. This type of listing is MOST likely an: | Exclusive agency listing |
| Exclusive agency listing | Broker is the only broker that can act as an agent during the listing period, however if the seller personally sells the property (finds a buyer) during the listing period, the broker will not be owed a commission from the seller. |
| Exclusive Right to Sell | A listing that gives the broker the right to collect a commission no matter who sells the property during the listing period. |
| Open Listings | This carries no exclusive rights. The owner can give an open listing to any number of brokers at the same time, and the owner can still find a buyer and avoid commission. |
| Sue deeds a property to Mark but retains an interest in the property for as long as she lives. Until Sue’s death, Mark would have a(n): | Remainder interest |
| Estate pur autre vie | For the life of another |
| Of the following, which is a fixture? | A built in oven and range |
| A mechanics lien could be filed by which of the following? | A Lumber Company |
| Nicole is a licensee and lists a property on Fall River Drive which is owned by Tyler. Which of the following would NOT terminate the agency relationship? | Showing the property to a buyer client. |
| A broker finds a buyer who is willing to enter into an option on a property for 90 days. The potential buyer pays $1,000 for the option right which is acceptable to the property owner. Which of the following is TRUE? | The sales commission is earned only if the option is exercised. |
| A seller has rejected offers of $152,000 and $151,000. Another offer is presented from a cooperating broker who is representing a buyer. This offer is for $150,000. Which action by the listing broker is MOST appropriate? | Present the offer with a new market analysis |
| A contract contains a short form legal description. Which of the following would NOT usually be a part of that description? | A point of beginning. |
| A convenience store was built in 1965 on one acre of land. In 1981 the property was rezoned to multi-family residential. Which of the following is TRUE? | The use may continue as a non-conforming use. |
| Jake purchases a 4 bedroom, brick, 2-story traditional home in a neighborhood of other similar homes hoping that the investment will prove in the future to be a sound one. Jake is operating on the principle of: | Conformity ( land use objectives contributes to economic stability in a residential community. This is why homes are built in the same style as the other properties in that same area, because the values will go up) |
| If a seller wishes to keep his liability to a MINIMUM, which of the following deeds should he use? | Quitclaim deed. |
| The government has the right to take property when a person dies without a will and without heirs. This right is known as: | Escheat |
| When a corporation of more than 10 stockholders takes title to property, the corporation would take title: | In Severalty (one unit) |
| A property is encumbered by an easement to provide access to the property of another. Which of the following is NOT true of this easement? | This is an appurtenant easement and would terminate upon property transfer. |
| The Federal Fair Housing Law prohibits illegal steering. Which of the following would NOT be steering? | Telling sellers in a neighborhood that they should sell immediately because the neighborhood is changing racially. |
| Which of the following would be a concurrent estate available in Georgia? | Joint tenancy |
| Real property transferred through a will is known as: | A devise. |
| Of the following, which is the most striking characteristic of a joint tenancy? | The right of survivorship. |
| Which of the following is an example of a voluntary and specific lien on property? | A mortgage lien. |
| An appraiser is comparing a subject property to one which has recently sold. The properties are very similar except the comparable property is in better condition than the subject. How should the appraiser proceed? | SUBTRACT the condition adjustment from the comparable. |
| A salesperson of ABC Realty is working with a buyer who has agreed to pay a commission if the salesperson is successful in finding a suitable property to purchase. If the salesperson is successful, from whom will she receive her commission? | The broker who holds her license |
| The right of an owner to use water from a stream which is adjacent to the property is known as: | A riparian right |
| In order to convey title, the deed must be: | Delivered by the grantor and accepted by the grantee |
| Ted moved onto abandoned acreage and built a house for him and his family. He then began to cultivate the land and plant crops. If Ted continues to use the property, which of the following is TRUE? | Ted may gain title through adverse possession |
| An implied contract would arise from the | Actions of the parties. |
| A buyer and seller entered into a purchase and sale agreement on a property. At the time of the parties signing the contract, the: | Legal title remained with the seller and the buyer received equitable title. |
| An option is an example of: | A unilateral contract. |
| A real estate sales agreement contains the language “time is of the essence”. Such language in a contract most nearly means: | The time limits stipulated in the contract must be faithfully followed |
| Which of the following is NOT required for a real estate sales contract to be valid and enforceable? | A performance. |
| A potential buyer is contemplating the purchase of a property. Which of the following would be identified by a survey? | A violation of setback lines. |
| In accordance with the laws of agency, a real estate broker may represent: | Anyone who signs a brokerage engagement. |
| Which of the following is TRUE concerning conflicting wording in a contract? | Handwritten controls typewritten which controls preprinted |
| For a person to have contractual capacity, that person must: | Be mentally competent. |
| A market with increasing properties for sale because of a major manufacturer layoff is an example of | A buyers market. |
| A person purchases a unit in a condominium complex. That person would hold which of the following interests? | Individual interest in the unit with tenancy in common interest in the common areas. |
| Which of the following is NOT a physical characteristic of land? | Permanence of investment. |
| An area which separates incompatible uses of property is known as: | A buffer zone. |
| Buffer Zone | Most commonly used by local governments and land developers, this is a technique to create a neutral space between two different types of buildings or properties with an interest of minimizing disturbances between potentially incompatible land uses. |
| With the payment of $2,000, Jim has acquired the right to purchase a property from Alice for $5,000 an acre sometime in the next 6 months. This most likely is: | An option agreement. |
| Larry, Karen and Tim own a property together with interests of 60%, 30% and 10% respectively. The ownership interest of these three is: | Tenants in common. |
| When a buyer contracts to buy a parcel of real estate and the agreement includes the purchase of personal property, which of the following is TRUE? | The personal property is best handled with a bill of sale |
| As a salesperson with Downtown Realty, Sara receives an earnest money check in the amount of $1,000 on a listed property. What must Sara do with the earnest money check? | Turn it over to her broker as soon as possible |
| Which of the following is TRUE about a property disclosure statement form? | Use of this form is not required by law. |
| A sales contract contains special stipulations | To express conditions specific to the sale. |
| RESPA | Real Estate Settlement Procedures Act is a federal statute regulated 1st by the US Depart of (HUD) & now by the Consumer Financial Protection Bueau (CFPB) to govern the real estate settlement process by mandating all parties fully inform |
| A person owns a home which they purchased as their primary residence for $125,000 in 1993. The property has substantially increased in value over the years and they desire to sell. Which of the following is NOT true? | To exempt capital gains tax, this person must purchase another primary residence of equal or greater value within 24 months. |
| The type of deed which will provide the greatest protection to a grantee is: | A general warranty deed. |
| A 2 story home measures 65’ wide and 42’ deep with a basement. This home would contain how many square feet of living area? | 5,460 square feet. |
| All of the following are examples of a leasehold estate EXCEPT | A tenancy in common. |
| In accordance with the statute of frauds, which of the following could be verbal and still valid and enforceable? | A 6 month lease. |
| Johnson leases a property from Miller for a 6 m period. It is agreed that if1 party doesn't terminate w/ at least a 30 day written notice, the lease shall continue to renew in like periods under the same terms. | A periodic estate. |
| A lease in which the rent is based on the sales of products in a retail shopping center is: | A percentage lease. |
| A lease which requires the landlord pay all the expenses is a: | Gross lease. |
| In Georgia, to terminate a tenancy at will requires: | 30 days notice by the tenant and 60 days notice by the landlord. |
| A property manager requires that a family with 2 children rent at least a 3 bedroom unit because the children should have separate bedrooms. This requirement: | Is likely a violation of the Federal Fair Housing Law. |
| A broker representing both a landlord and a tenant in a negotiation for 15,000 square feet in a high rise office building is: | Acting as a dual agent which is legal with proper disclosure and consent. |
| A person who is a tenant at sufferance is most likely a holdover tenant from a: | Tenancy for years. |
| Bob leases from Bill. 3 nights a week, neighbors have parties &it is impossible for Bob to sleep. Bob has complained but Bill is unwilling to remedy the problem. Bob notifies Bill that he is leaving has no continued obligation to pay rent, claiming: | A constructive eviction. |
| Bailey lease a space from Fred to be used as a restaurant. The agreement calls for rent of $3,000 per month for 7 years. Bailey appliances for Fred agrees to do so for a monthly rent of $3,250. At the end of the lease, to whom do the appliances belong? | The appliances belong to Fred because he installed them. |
| A tenant was in the middle of a 5 year lease on a commercial space when the owner was foreclosed on. The tenant’s rights could not be interrupted under what provision? | A non-disturbance clause. |
| In Georgia, a full title search on property will go back for: | 50 years. |
| When a salesperson attends a closing it is commonly done to | Observe on behalf of the broker. |
| The term alienate in real estate means to | transfer. |
| The purpose of a settlement statement is to: | Provide for an accounting of all monies associated with a closing. |
| When at a closing, if the purchaser is required to sign a security deed he would not be required to sign a: | mortgage. |
| When a closing takes place and the taxes on the property have been paid for the calendar year, the tax proration is: | A credit to the seller and a debit to the buyer. |
| The priority of MOST liens on a property is based on | The date of recording. |
| All of the following are items which could be prorated at closing EXCEPT | Title insurance. |
| Don contracts to purchase a property from Carol and is obtaining a loan from ABC Mortgage. Don is paying all costs of closing. The closing attorney most likely represents: | ABC Mortgage |
| Able is leasing Baker to use as an automobile facility. The property is 200’ wide and 300’ deep. The city has condemned 15’. Able claims that the condemnation terminates the lease. Is Able PROBABLY correct in this assertion? | No, because the property taken was not substantial |
| Which of the following is TRUE about transfer tax in Georgia? | Transfer tax is $.10 per $100 increment on the adjusted sales price. |
| A tax on property for street lights or sidewalks is most likely a: | A special assessment tax. |
| A person owns a parcel of real estate for investment and has a very substantial equity. This investor wants to sell but does not want to pay the capital gains tax. What would be this investor’s BEST course of action? | Sell the property using a 1031 exchange |
| 1031 Exchange | Allows an investor to sell a property, to reinvest the proceeds in a new property and to defer all capital gain taxes. |
| Which of the following is TRUE in respect to the Real Estate Settlement Procedures Act? | The borrower has the right to the closing statement with all known charges one day prior to closing. |
| Capital improvements made to an investment property have the effect of: | Increasing the tax base. |
| Capital Improvements | The addition of a permanent structural change or the restoration of some aspect of a property that will either enhance the property's overall value, increase its useful life or adapt it to new uses. |
| When an owner has color of title, the title can be cleared by adverse possession after how many years? | 7 years |
| Color of title | Refer to title that may have the appearance of good and valid title to property, but in actuality, there is either no title or a vital defect in the title that makes it ineffective. |
| The primary purpose of recording a document is to: | provide constructive notice. |
| Actual Notice | delivered in such a way as to give legally sufficient assurance |
| Constructive Notice | not given to any particular person. Instead, the notice is published for the public to review. |
| Evidence of the amount and terms of a borrower’s debt to a lender is provided by means of a: | promissory note |
| Which of the following is TRUE of a fully amortized loan? | Payments are scheduled so a series of equal payments pay the periodic interest and the entire debt. |
| Payments are scheduled so a series of equal payments pay the periodic interest and the entire debt. | make loans non-assumable. |
| Non-assumable | Property title is transferred, the new owner cant take old mortgage. Loans have a “due-on-sale clause”, meaning the lender can call in the entire amount of the loan in the event of a title transfer. |
| 89. John has a substantial amount of equity in his home and he is interested in generating capital to make an investment. Which of the following would BEST accomplish John’s goals? | Refinance the property and take out equity. |
| Phil developed a subdivision Phil is offering to finance 75% of the purchase price of the lots to qualified builders and will not require the lot loans to be paid off until construction is completed and the homes have been sold. How would this objective B | Phil should agree to subordinate the lot loans to the construction loan. |
| The annual percentage rate (APR) is: | made up of the interest rate and other costs of credit. |
| A disadvantage of an adjustable rate mortgage (ARM) is: | the possibility of negative amortization. |
| A source of financing which does not loan money but specializes in bringing borrowers and investors together and then collects a fee for the service is: | A mortgage broker. |
| If a lender sells a loan to an investor at a discounted price this would have the effect of: | Increasing the investors yield. |
| Cathy purchased a property for $150,000 and received a 90% loan with 3 points closing costs and 1 point discount. The total cost of the loan is: | $5,400. |
| Which of the following is TRUE in regards to an adjustable rate mortgage? | The payments may increase or decrease. |
| The primary purpose of the Veteran’s Administration in residential lending is to: | Guarantee loans to qualified lenders. |
| The state statute which has as a primary objective the regulation of advertising is: | The Fair Business Practices Act. |
| When a seller refuses to pay an earned commission in a transaction, the proper parties to a lawsuit would be: | The listing broker against the seller. |
| Demand is defined as “desire coupled with ability”. In real estate, demand is ineffective: | without financing. |
| Which of the following is NOT a violation of Georgia license law? | Serving as an associate broker with one company and a qualifying broker for another. |
| How long does a successful salesperson examinee have to activate the license after taking the exam? | One year. |
| The maximum amount of liability for the Education, Research and Recovery Fund for one transaction is: | $25,000. |
| An inactive licensee may act as a principal in a transaction but must ALWAYS: | disclose licensed status. |
| Which of the following is NOT a requirement of an applicant for a salesperson’s license? | Complete a 60 hour prelicense course of study. |
| The Georgia Real Estate Commission is comprised of | 6 members |
| If the license of a licensee lapses for failure to pay fees, the licensee may reinstate the license: | within 2 years by paying all back fees, late fees and a reinstatement fee. |
| When earnest money is accepted by a salesperson in a transaction, said earnest money must be turned over to the broker: | as soon as reasonably possible under the circumstances. |
| Which of the following is NOT true of the commissioner of the Georgia Real Estate Commission? | He or she has voting power at commission meetings. |
| To be eligible to be licensed as a real estate broker, the applicant must: | be actively licensed for at least 3 of the previous 5 years |
| A broker would NOT be responsible for: | obtaining listings for the salespeople. |
| A real estate firm must operate: | under the name in which the license is issued. |
| When an active licensee wishes to sell their own real property in their own name, they must: | notify their broker in writing of their intent. |
| Which of the following is NOT a proper circumstance for a broker to disburse earnest money? | Upon demand of the buyer or seller. |
| Of the following, which would NOT be allowed in Georgia? | A broker lists a property guaranteeing the seller $125,000 and will take as commission anything in excess. |
| A salesperson hires a non-licensee to assist him in his business. Which of the following is TRUE of the assistant? | The assistant must have a written contract with both the broker and the salesperson. |
| What is the purpose of earnest money in a real estate sales contract? | To provide some assurance the buyer will close the transaction. |
| If a broker does not offer dual agency and two agents of the same firm wish to represent different clients in the same transaction, this could be accomplished through: | Designated agency. |
| What is the best way to get correct loan information on the seller’s loan in order to properly service a listing? | Ask the seller to sign a loan information form and get the information directly from the lender. |
| Which of the following is FALSE concerning the seller disclosure form? | d. The use of such form is mandated by state law. |