Real estate 4

Under a standard listing contract, a broker is considered to he a
Special agent
General agent
Procuring cause
Universal agent
The real estate license law is administered by the
Council on Housing Matters
Real Estate Commission
Connecticut Association of REALTORS®.
Department of Housing.
The essential elements of a contract include all of the following EXCEPT
Signatures of the parties
Consideration
Competent parties
Offer and acceptance
A listing contract in which payment of the commission is contingent on the broker's being able to produce a buyer before the property is sold by the owner or another broker is called
Net listing
Open listing
Exclusive agency listing
Exclusive right to sell listing
A special warranty deed differs from a general warranty deed in that the grantor's covenant in the special warranty deed
Covers the time back to the original title
Is implied and is not written in full
Protects all subsequent owners of the property
Applies only to a definite limited time
Which appraisal method uses a rate of investment return
Sales comparison approach
Cost approach
Income approach
Gross income multiplier method
There are two vacant adjacent lots in an area zoned for commercial use, each worth approximately $50,000. If their owner sells them as a single lot, however, the combined parcel will be worth $120,000. What principle does this illustrate?
Substition
Plottage
Regression
Progression
The amount of money a property is likely to command in the marketplace is its
Intrinsic value
Market value
Subjective value
Book value
A homeowner contracts a five bedroom brick house with an indoor pool in a neighborhood of modest two bedroom and three bedroom frame houses on narrow lots. The value of this house is MOST likely to be affected by what principle?
Progression
Assemblage
Change
Regression
The owners of a modest ranch house in a neighborhood of larger, more expensive homes may find that the value of their homes is affected by what principle?
Progression
Increasing returns
Competition
Regression
The term reconciliation refers to which of the following
Loss of value due to any cause
Separating the value of the land from the total of the property to compute depreciation
Analyzing the results obtained by the different approaches to value to form an opinion of value
The process by which an appraiser determines the higher and best use for a parcel of land
If a property's annual net income is $24,000 and it is valued at $300,000, what is it capitalization rate?
8%
10.5%
12%
15%
An appraiser applying the cost approach to value will consider which of the following?
Annual net operating income
Capitalization rate
Accrued depreciation
Annual gross income
An appraiser asked for an opinion of the value of an existing shopping center would probably give the MOST weight to which approach to value?
Cost approach
Sales comparison approach
Income approach
Index method
The market value of a parcel of real estate is
An estimate of its future benefits
The amount of money paid for the property
An estimate of the most probable price it should bring
Its value without improvements
Capitalization is the process by which annual net operating income is used to
Determine cost
Estimate value
Establish depreciation
Determine potential tax value
From the reproduction or replacement cost of a building, the appraiser deducts depreciation, which represents
The remaining economic life of the building
Remodeling costs to increase rentals
Loss of value due to any reason
Costs to modernize the building
Which of the following is an important factor in comparing properties under the sales comparison approach to value?
Mortgage balance
Potential market rent
Differences in appearance and condition
Differences in original cost
Which principle of value indicates that a developers very profitable real estate project will attract others to engage in similar activity in the same area and thus drive down profits?
Anticipation
Competition
Value
Progression
Which transaction is BEST described as involving a ground lease
A landowner agrees to let a tenant drill for oil on a property for 75 years
The tenant agrees to pay a proportionate, increased rental based on annual appraisals of the rented property
A landlord charges a commercial tenant for the land use and the tenant erects its own building
The tenant pays a base amount for the property plus a percentage of business-generated income
If a tenant moved out of a rented store building because of access to the building was blocked as a result of the landlords negligence?
The tenant would have no legal recourse against the landlord
The landlord may be liable for the rent until the expiration date of the lease
The landlord may have to provide substitute space
The tenant may be entitled to recover damages from the landlord
A tenant moves a pet into an apartment community that has a no pet policy. The landlord wishes to remove the tenant due to the breach. The legal process to remove a tenant is known as
Constructive eviction
Eminent domain
Actual eviction
Partial eviction
Under the negotiated terms of a commercial lease, the landlord is required to maintain the water heater used in a health club. If the tenant is unable to get hot water because of a faulty water heater that the landlord has failed to repair after repeated notification, the tenant's best recourse for staying in business would be to
Stop paying rent
Order a new water heater and deduct the payment from the rent
File a criminal compliant against landlord
Seek a refund of all lease payments
A lessee has a one-year leasehold interest in a house. The lease automatically renews itself at the end of each year. The lessee's interest is referred to as a tenancy
For years
From period to period
At will
At sufferance
Under the terms of a net lease, a commercial landlord would usually be responsible for paying which of the following property expenses
Mortgage debt service
Maintenance expenses
Fire and extend coverage insurance
Real estate taxes
Which of the following describes a net lease
An agreement in which the tenant pays all taxes, insurance, and expenses related to the property
A lease in which the tenant pays rent, plus some or most of the operating expenses related to the property
A lease in which the tenant pays the landlord a percentage of the monthly income derived from the property
A tenants right to possess real estate for definite period with a specific starting and end date is
An estate for years
An estate at will
An estate at sufferance
An estate from period to period
Which of the following describes a gross lease
An agreement in which the tenant pays a fixed rent and some or all of the utilities and the landlord pays all the taxes, insurance, and expenses related to the property
A lease in which the tenant pays the landlord a percentage of the monthly income derived from the property
A lease in which the tenant pays rent plus some of the operating expenses related to the property
A tenant signs lease that includes the following clause; "the stated rent under this agreement will be increased or decreased every three months based on the percentage change in the consumer price index(CPI) for that period." What kind of lease has this tenant signed
Percentage
Net
Graduated
Index
The death of either the landlord or the tenant will terminate the lease under which of the following tenancies
Tenancy for years
Periodic tenancy
Tenancy at will
Tenancy at sufferance
The tenant leases a heated apartment during a bitterly cold winter, but soon after the tenant moves in, the landlord fails to provide heat because of a defective central heating unit. The tenant vacates the premises and refuses to pay any rent. This is an example of
Abandonment
Actual eviction
Constructive eviction
Lessor negligence
Housing that qualifies for exemption from familial status provisions
Includes housing intended for persons 50 or older
Includes a restriction that 80% of the units be occupied by persons 55 or older
Is not permitted under the federal fair housing act
Is permitted for owner occupied buildings with four or more units
Which statement best describes the supreme court's decision in the case of Jones v. Alfred H. Mayer Company?
Racial discrimination is prohibited by any party in the sale or rental of real estate
Sales by individual residential homeowners are exempted, provided the owners do not use real estate professionals
Laws against discrimination apply only to federally related transactions
Persons with disabilities are a protected class
A suit may be filed in federal court by a person aggrieved by an alleged act of discrimination under the fair housing Act
Within two years of the discriminatory act
No later than one year after the discriminatory act
With the approval of the state or county nondiscrimination officer
Which of the following is legal ?
Charging a family with children a higher security deposit than those with no children
Requiring a person with a disability to establish an escrow account for the costs to restore a property after it has been modified
Picturing only white people in a brochure as the "happy residents" in a housing development
Refusing to sell a house to a person who has a history of mental illness
The landlord's lease prohibits tenants from altering the property in any way. A young woman who uses a wheelchair cannot maneuver over the doorstep into her apartment by herself. In addition, she cannot access the bathroom facilities in her wheelchair. Which of the following is TRUE?
The landlord is responsible for making all apartments accessible to people with disabilities
The tenant cannot remedy these conditions because of the terms of the lease
The landlord should not have rented this apartment to the tenant
The tenant is entitled to make the necessary alterations
Avoid, control, transfer, or retain are the four alternative techniques of
Tenant relations
Acquiring insurance
Risk management
Property management
Adaptions of property specifications to suit tenant requirements are
Tax-exempt improvements
Tenant improvements
Prohibited by most nonresidential leases
Generally not a good idea
A property manager is offered a choice of three insurance policies with different deductibles. If the property manager selects the policy with the highest deductible, which risk management technique is being used
Avoiding risk
Retaining risk
Controlling risk
Transferring risk
Which of the following would be considered a variable expense when a manager develops an operating budget
Employee wages
Utilities
Building repairs
Basic operating costs
An apartment complex is severely damaged by a tornado, making it uninhabitable. What type of insurance covers the landlord against the resulting loss of rent ?
Fire and hazard
Liability
Consequential loss, use, and occupancy
Casualty
A property manager hires a full time maintenance person. While repairing a faucet in one of the apartments, the maintenance person steals some jewelry and the tenant sues the owner. The property manager could protect the owner against this type of loss by purchasing
Liability insurance
Workers compensation insurance
A surety bond
Casualty insurance
A statement sent to an owner that reflects the entire debt service as an expense is called
A profit service as an expense is called
A cash flow report
A variable expense report
An operating budget statement
An insurance policy package that includes standard commercial property coverage such as a fire, hazard, public liability, and casualty is called what kind of policy
Coinsurance
Multiperil
Universal
Surety
Title III of the Americans with disabilities Act(ADA) impacts which type of property?
Residential
Industrial
Commercial and public accommodations
Privately owned
A subdivision declaration reads, "No property within this subdivision may be further subdivided for sale or otherwise, and no property may be used for other than single-family housing" This is an example of
A restrictive covenant
An illegal reverter clause
R-1 zoning
A conditional-use clause
A landowner who wants to use property in a manner that is prohibited by a local zoning ordinance but which would benefit the community can apply for which of the following?
Conditional use permit
Prescriptive easement
Occupancy permit
Property allowance
Private land-use controls include
Subdivision regulations
Covenants, conditions, and restrictions
Environmental protection laws
Comprehensive plan specifications
Under its police powers, a municipality may regulate
Resident occupations
Ethnicity of owners
Building uses
Familial status
The purposes of a building permit is to
Indicate the property is suitable for habitation
Maintain municipal control over the amount of building
Provide evidence of compliance with municipal regulations
Show compliance with restrictive covenants
The use of borrowed money to finance an investment is called
Leverage
Appreciation
Depreciation
Capital gain
Another name for depreciation is
Cost recovery
Leverage
Capital gain
Inflation
To determine whether a location can be put to future use a retail store, one would examine
The building code
The list of permitted nonconforming uses
The housing code
The zoning ordinances
A restriction in a sellers deed may be enforced by which of the following?
Court injunction
Zoning board of appeal
City building commission
State legislature
A property owner owns a large tract of land. After an adequate study of all the relevant facts, the owner legally divides the land into 30 lots suitable for the construction of residences. In this situation, the property owner is acting as
A subdivider
A developer
A land planner
An urban planner
A map illustrating the sizes and locations of streets and lots in a subdivision is called
A gridiron plan
a survey
A subdivision plat map
A property report
In one city, developers are limited by the zoning law to constructing no more than an average of three houses per acre in any subdivision. What does this restriction regulate?
Clustering
Gross density
Out-lots
Covenants
Permitted land uses and set-asides, housing projections, transportation issues, and objectives for implementing future controlled development would all be found in a community's
Zoning ordinances
Comprehensive plan
Enabling act
Land-control law
The difference between the cost basis of property and its net selling price is
Cost recovery
Appreciation
Leverage
Capital gain
A plat for a proposed subdivision is submitted to
The municipality
The property owners
The developer
The state
Restrictive covenants
Are no longer effective when the title is transferred
Apply only until the developer has conveyed the title
Can be removed by a court of competent jurisdiction
Apply to and bind successive owners of the property
To protect the public from fraudulent interstate land sales, a developer involved in interstate land sales of 25 or more lots must
Provide each purchaser with a printed report disclosing details of the property
Pay the prospective buyer's expenses to see the property involved
Provide preferential financing
Allow a 30- day cancellation period
When is a certificate of occupancy issued ?
When the owner of a multifamily residential property wishes to limit the number of individuals who may live in a single unit
At the time a property owner applies for a building permit
After building construction work has been inspected and found satisfactory by the municipal inspector
When an application for a variance or conditional-use permit has been granted by the zoning board
All encumbrances and liens shown on the report of title, other than those waived or agreed to by the purchaser and listed in the contract, must be removed so that the title can be delivered free and clear. The removal of such encumbrances is typically the duty of
The buyer
The seller
The real estate professional
The title company
Legal title ALWAYS passes from the seller to the buyer
On the date of execution of the deed
When the closing statement has been signed
When the deed is placed in escrow
When the deed is delivered and accepted
Which item would a lender generally require at the closing
Title insurance commitment
Market value appraisal
Application
Credit report
A buyer purchases a home in an area where closings are traditionally conducted in escrow. Which item would a buyer deposit with the escrow agent before the closing date?
Deed to the property
Title evidence
Estoppel certificate
Cash needed to complete the purchase
At closing, the earnest money left on deposit with a real estate broker is
A credit to the seller
A credit to the buyer
A balancing factor
A debit to the buyer
Security deposits should be listed on a closing statement as a credit to
The buyer
The seller
The lender
The real estate professional
Which charge noted on the closing disclosure must be the same or less than the charge noted on the Loan Estimate Form ?
Cost of settlement services when the lender selects the provider
Lender charges for taking and underwriting the loan
Cost of settlement services when the borrower selects the provider from the list provided by the lender
Cost of homeowners insurance
At closing, an item prepaid by the seller is
debited to the seller
Evenly divided between the buyer and the seller
Credited to the buyer
Credited to the seller
Under the TILA-RESPA Integrated disclosure rule (TRID), a lender must extend the closing how many days if the annal percentage rate (APR) has changed more than 0.125% before closing?
Two business days
Three business days
Four business days
Five business days
Which of the following requires that all advertising that references mortgage financing terms contain certain disclosures?
Equal Credit Opportunity Act
Fair Housing Act
Community Reinvestment Act
Truth in Lending Act (Regulation Z)
The law requires lenders to find ways to help meet the housing needs of those of low and moderate incomes is
The Dodd-Frank Act
The Equal Credit Opportunity Act
The Community Reinvestment Act
The Real Estate Settlement Procedures Act
The document that sets forth the maximum loan guarantee to which a veteran is entitled is
The funding statement
The certificate of eligibility
The certificate of reasonable value
The certificate of discharge
The buyers of a residence in a Happy Hollow have a mortgage that allows them to borrow additional funds that will be secured by the home at any time. They have
A closed-end loan
An open-end loan
A provisional loan
A fully adjustable loan
The federal Equal Credit Opportunity Act allows lenders to discriminate against potential borrowers on the basis of
Preferred neighborhood
Martial status
country of national origin
Amount of income
The primary activity of Freddie Mac is to
Guarantee mortgages with the full faith and credit of the federal government
Buy and pool blocks of conventional mortgages
Act in tandem with Ginnie Mae to provide special assistance in times of tight money
Buy and sell VA and FHA mortgages
The buyers purchased a model home and all its furnishings and appliances by using
A package loan
A blanket loan
A FHA insured loan
A buydown
What is the position of a home equity line of credit(HELOC) in relation to the original lien?
Equal
Junior
First in priority
No relationship
Regulation Z generally applies when a credit transaction is secured by
A commercial property
A residence
A business
An agricultural property
Funds for FHA-insured loans are usually provided by
The FHA
The federal reserve
Approved lenders
The seller
A developer received a loan that covers five parcels of real estate and provides for the release of the mortgage lien on each parcel when certain payments are made on the loan. This type of loan arrangement is called
The purchase money loan
The blanket loan
The package loan
The wraparound loan
What is the source of the rules that govern the use of real estate advertisements in all media, if they include mortgage financing terms
Equal Credit Opportunity Act
Fair Lending Act
Community Reinvestment Act
Regulation Z of the Truth in Lending Act
The conservatorship of Fannie Mae and Freddie Mac is the responsibility of
The federal housing finance agency
The federal housing authority
The office of the comptroller of the currency
The federal reserve system
States are required to license mortgage loan originators by
HUD
The SAFE Act
FHA
The OCC
One of the federal laws requiring disclosure to a loan applicant who is rejected for a loan on the basis of a credit report is
The real estate settlement procedures act
The commitment reinvestment act
The fair credit reporting act
The truth in lending act
Which of the following is a participant in the primary mortgage market?
Fannie Mae
Ginnie Mae
Credit Union
Freddie Mac
A buyer purchased a new residence from a builder for $350,000. The buyer made a down payment of $30,000 and obtained a $320,000 mortgage loan. The builder of the house paid the lender 3% of the loan balance for the first year and 2% for the second year. This represented a total savings for the buyer of $16,000. What type of mortgage arrangement is this?
Open-ended
Package
Blanket
Buy down
The buyers purchased a residence for $395,000, making a down payment of $79,000 and obtaining a loan for the balance. The loan is
A nonconforming loan
A package loan
A ballon note
A purchase money mortgage
a prospective buyer needs to borrow money to buy a house. The buyer applies for and obtains a real estate loan from a mortgage company. Then the buyer signs a note and a mortgage. In this example, the buyer is called
The mortgagor
The beneficiary
The mortgagee
The vendor
A prospective buyer needs to borrow money to buy a house. The buyer applies for and obtains a real estate loan from a mortgage company. Then the buyer signs a note and a mortgage. In this example, the mortgage company is called
The mortgagor
The beneficiary
The mortgagee
The vendor
The borrower under a deed of trust is known as
The truster
The trustee
The beneficiary
The vendee
A loan in which the borrower makes only interest payments is called
A fixed-rate loan
An adjustable-rate mortgage
A straight loan
A reverse mortgage
What type of law limits the interest rate that is allowed to be charged
Trustee law
A usury law
The statue of frauds
Contract law
After a foreclosure sale, the borrower who has defaulted on the loan may seek to pay off the mortgage debt plus any accrued interest and costs under what right ?
Equitable redemption
Defeasance
Usuary
statutory redemption
Which clause would give a lender the right to have all future installments become due upon default
Escalation
Defeasance
Alienation
Acceleration
What document is available to the mortgagor when the mortgage debt is completely repaid?
Satisfaction of mortgage
Defeasance certificate
Deed of trust
Mortgage estoppel
The provision in a financing instrument that requires the lender to execute a satisfaction of mortgage when a note has been fully paid is
A due-on-sale clause
A defeasance clause
An acceleration clause
An alienation clause
Which of the following allows a mortgagee to proceed to a foreclosure sale without going to court first?
Wavier of redemption right
Power of sale
Alienation clause
Possession rights
The mortgagee foreclosed on a property after the borrower defaulted on the loan payments. The unpaid balance of the loan at the time of the foreclosure sale was $140,000, but at the foreclosure sale, the house sold for only $129,000. If permitted by state law, what must the lender do to recover the $11,000 the borrower still owes?
Sue for damages
Sue for specific performance
Seek a judgment by default
Seek a deficiency judgement
In one state, a lender holds a lien on real property offered as collateral for a loan. The borrower retains both legal and equitable title to real property. If the borrower defaults on the loan, the lender must go through formal foreclosure proceedings to recover the debt. This state can be BEST characterized as what kind of state?
Lien theory
Mortgage theory
Intermediate theory
Title theory
A junior lien may become first in priority if the original lender agrees to execute
A deed of trust
A subordination agreement
A second mortgage agreement
A call clause
A buyer purchased a home under an agreement that made the buyer personally obligated to continue making payments under the sellers existing mortgage. If the buyer defaults and the court sale of the property does not satisfy the debt, the buyer will be liable for making up the difference. The buyer has
Purchased the home subject to the seller's mortgage
Assumed the sellers mortgage
Benefited from the alienation clause in the seller's mortgage
Benefited from the defeasance clause in the seller's mortgage
A legally enforceable agreement under which both parties promise to do something for each other is called
An escrow agreement
A legal pledge
A bilateral contract
An option agreement
A person approaches an owner and says, "I'd like to buy your house. The owner says, "sure", and they agree on a price. What kind of contract is this?
Implied
Unenforceable
Void
No contract
A contract is said to be bilateral if
One of the parties is a minor
The contract has yet to be fully performed
Only one party to the agreement is bound to act
Both parties to the contract exchange binding promises
During the period after a real estate sales contract is signed, but before title actually passes, the status of the contract is
Voidable
Executory
Unilateral
Implied
A contract for the sale of real estate that does not state the consideration and provides no basis on which the consideration could be determined is considered
Voidable
Executory
Void
Enforceable
A buyer and a seller sign a contract to purchase. The seller backs out, and the buyer sues for specific performance. What is the buyer seeking in this lawsuit
Money damages
New contract
Deficiency judgement
Transfer of the property
In a preprinted sales contract, several words were crossed out or inserted by the parties. To eliminate future controversy as to whether the changes were made before or after the contract was signed the usual procedure is to
Have both parties initial or sign in the margin near each change
Write a letter to each party listing the changes
Have each party write a letter to the other approving the changes
Redraw the entire contract
A buyer makes an offer on a seller's house and the seller accepts. Both parties sign the sales contract. At this point, the buyer has what type of title to the property ?
Equitable
Voidable
Escrow
Contract
The sales contract says the buyer will purchase only if an attorney approves the sale by the following Saturday. The attorney's approval is
A contingency
A reservation
A warranty
A consideration
A real estate broker uses earnest money placed in the company trust account to pay for the rent owed on the brokerage's office. Using escrow funds for this purpose is
Illegal, unless the client has approved the expenditure
Legal if the trust account is reimbursed by the end of the calendar month
Legal if the seller gives consent in writing
Illegal
An option to purchase binds which of the following parties
Buyer only
Seller only
Neither buyer or seller
Both buyer and seller
A buyer and a seller enter into a real estate sales contract. Under the contracts terms, the buyer will pay the seller $2,000 a month for 10 years. The seller will continue to hold legal title, while the buyer will live in the home and pay all real estate taxes, insurance premiums, and regular upkeep costs. What kind of contracts do the buyer and seller have ?
Option contract
Contract for mortgage
Unilateral contract
Land sales contract
The purchaser of real estate under an installment contract
Generally pays no interest charge
Receives title immediately
Is not required to pay property taxes for the duration of the contract
Has an equitable interest in the property's title
Under the statue of frauds, all contracts for the sale of real estate must be
Originated by a real estate professional
On preprinted forms
In writing to be enforceable
Accompanied by earnest money deposits
If, upon the receipt of an offer to purchase a property, the seller makes a counteroffer, the prospective buyer is
Bound by the original offer
Not able to counter the counteroffer
Bound by whichever offer is lower
Relieved of the original offer
A buyer makes an offer to purchase certain property listed with a real estate professional and leaves an escrow deposit with the real estate professional to show good faith. The real estate professional should
Immediately apply the deposit in an account, as provided by state law
Put the deposit in an account, as provided by state law
Give the deposit to the seller when the offer is presented
Put the deposit in the real estate professionals personal checking account
While suffering from a mental illness at caused delusions, hallucinations, and loss of memory, a person signed a contract to purchase real estate. Which statement regarding the contract to purchase is TRUE
The contract is voidable
The contract is void
The contract lacks consent
The contract is fully valid and enforceable
A buyer and a seller agree on a purchase price of $300,00 for a house. The contract contains a clause stating that "time is of the essence". Which statement is TRUE?
The closing must take place within a reasonable period before the stated date
A "time is of the essence" clause is not binding on either party
The closing date must be stated as a particular calendar date, and not simply as a formula such as "two after loan approval"
If the closing date passes and no closing takes place, the contract may be rescinded by the party who was ready to settle on the scheduled date
A buyer signs a contract under which he is given the right to purchase a property for $230,000 anytime in the next six months. The buyer pays the current owner $3,000 at the time the contract is signed. Which of the following BEST describes this agreement ?
Contingency
Option
Installment
Sales
A property listing taken by a real estate sales associate is technically an employment agreement between the seller and
The broker
The local multiple listing service service
The sales associate
The sales associate and broker together
Which of the following is a similarity between an exclusive agency listing and an exclusive right-to-sell listing?
Under each, the seller retains the right to sell the real estate without the broker's help and without paying the broker a commission
Under each, the seller authorizes only one particular sales associate to show the property
Both types of listings give the responsibility of representing the seller to one broker only
Both types of listings are open listings
The listing agreement on a residential property states that it expires on May 2. Which event would terminate the listing before that date?
The agreement is renewed before May 2
The owner becomes ill on April 29
On April 15, the owner and agent cancel the agreement
The house is destroyed by fire on May 3
A seller listed a property with a broker under an exclusive agency listing agreement. If the seller finds a buyer, the seller will owe the broker
No commission
The full commission
A partial commission
Only reimbursement for the broker's costs
A broker sold a residence for $485,000 and received $26,675 as commission in accordance with the terms of the listing agreement. What was the broker's commission rate?
5%
5.5%
6%
6.5%
Under a brokerage agreement with a property owner, the broker is entitled to sell the property for any price, as long as the seller receives $85,000. The broker may keep any amount over $85,000 as a commission. This type of listing might be illegal and is called
An exclusive right-to-sell listing
An exclusive agency listing
An open listing
A net listing
Which of the following is a similarity between an open listing and an exclusive agency listing?
Under each, the seller avoids paying the broker a commission if the seller sells the property to someone the broker did not procure
Each grants a commission to any broker who procures a buyer for the seller's property
Under each, the broker earns a commission regardless of who sells the property, as long as it is sold within the listing period
Each grants the exclusive right to sell to whatever broker procedures a buyer for the seller's property
The final decision on a property's asking price should be made by
The seller's broker
The appraised value
The seller
The seller's attorney
Which statement is TRUE of a listing agreement
It is an employment contract for the professional services of the broker
It obligates the seller to transfer the property if the broker procures a ready, willing, and able buyer
It obligates the broker to work diligently for both the seller and the buyer
It automatically binds the owner, the broker, and the MLS to its agreed provisions
A broker sold property sold a property that was owned by a bank that had acquired it through foreclosure, and the broker received a 6.5% commission. The broker gave the listing sales associate $3,575, which was 30% of the firm's commission. What was the selling price of the property?
$55,000
$95,775
$152,580
$183,333
A seller hired a broker under the terms of an open listing agreement. While that agreement was still in effect, the seller, without informing the first broker, hired another broker from a separate firm under an exclusive right-to-sell listing for the same property. If the first broker produces a buyer for the property whose offer the seller accepts, the seller must pay a full commission to
Only the first broker
Only the second broker
Both brokers
Neither broker
A seller listed a residence with a broker. The broker Brough an offer at full price and terms of the listing agreement from a buyer who is ready, willing, and able to pay cash for the property, but the seller rejected the buyer's offer. In this situation, the seller
Must sell the property
Owes a commission to the broker
Is liable to the buyer for specific performance
Is liable to the buyer for compensatory damages
A buyer signed an agreement with a broker to compensate the broker even if the buyer purchases the property from a relative. This is called
An open buyer representation agreement
An exclusive agency buyer representation agreement
An exclusive buyer representation agreement
An invalid agreement
A prospective buyer signs an agreement with a broker to find a property for the buyer, and the buyer agrees to work only with that broker. While this agreement is in effect
Only one sales associate of the broker can work with the buyer
The broker can represent other buyers
The broker cannot show the buyer a property that is listed by the broker
The sales associate working with the buyer cannot work with other buyers
A seller sold property to a neighbor without the services of a real estate broker; however, the seller still owes a broker a commission because the seller signed
An exclusive agency listing agreement
An open listing agreement
An exclusive right-to-sell listing agreement
A net listing agreement
Most states require that a real estate listing agreement contain
A multiple listing service(MLS) clause
A definite contract termination date
An automatic extension clause
A broker protection clause
By executing a listing agreement with a seller, a real estate broker becomes
A procuring cause
Obligated to open a special trust account
The agent of the seller
Responsible for sharing the commission
The provision in a contract with a property seller that gives additional authority to the broker and obligates the broker to alert other brokers to the availability of the property is
A joint listing clause
A multiple listing clause
A net listing clause
An open listing clause
A valid reason for terminating a buyer representation agreement is
The desire of the buyer to see properties in an expanded area
The death of the broker
The agreement of the parties on increasing the price range of the buyer
The death of the sales associate who worked with the buyer
A broker is permitted to represent both the seller and the buyer in the same transaction when
The principals are not aware of such action
The broker is a subagent rather than the agent of the seller
Commissions are collected from both parties
Both parties have been informed and agree in writing to the dual representation
Which of the following is considered dual agency
A broker acting for both parties in the same transaction
Two brokerage companies cooperating with each other
A broker representing more than one principal
A broker listing a property and then, after it is resisted with another broker, selling the same property
A real estate broker's responsibility to keep the principal informed of all the facts that might affect a transaction is the duty of
Care
Disclosure
Obedience
Accounting
A real estate sales associate represents a buyer. At their first meeting, the buyer reveals plans to operate a dog-grooming business out of the purchased house. The sales associate did not check the local zoning ordinances to determine in which parts of town such a business could be conducted. Which common law duty did the sales associate violates
Care
Obedience
Loyalty
Disclosure
Designated agency is MOST likely to occur when
There is a client-buyer and a customer-seller
The seller and the buyer are represented by different companies
Both the buyer and the seller are customers
The buyer and the seller are represented by the same company
Which event event will terminate an agency in a broker-seller relationship?
The broker discovers that the market value of the property is such that an adequate commission will not be earned
The owner declares personal bankruptcy
The owner abandons the property
The broker appoints other brokers to help sell the property
The tenant leases a heated apartment during a bitterly cold winter, but soon after the tenant moves in, the landlord fails to provide heat because of a defective central heating unit. The tenant vacates the premises and refuses to pay any rent. This is an example of
Abandonment
Actual eviction
Constructive eviction
Lessor negligence
The federal fair housing act would permit
A hotel renting rooms only to celebrities
The owner of a 20-unit residential apartment building renting to men only
An apartment next to a catholic college refusing to furnish housing for jewish man
An owner refusing to rent the other side of the duplex in which she lives to a family with children
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