A licensee was showing property in an 8 unit complex to a prospective tenant using a motorized wheelchair. The tenant wanted to rent a unit, install grab bars in the bathroom, and lower all door handles. The landlore
can allow the tenant to make these modifications and pay for them to be made
can refuse to rent to the individual because it would devalue the property
must allow the tenant, at the tenant's expense, to make the modifications, but cannot require restoration at the end of the lease
must allow the tenant to make the modifications at the tenant's expense, but can require, by the terms of the lease, restoration of the property
Which of the following is the best description of a fee simple estate?
ownership of a property that extends for the period of a person's life
the most complete ownership in property that one can obtain
interest in a property for which a party to the transaction has paid a fee
interest in a property for which the leasehold estate is supported by consideration
A licensee plans to send out an email offering his services. According to the CAN-SPAM Act, the licensee must
include only the brokerage firm's name in the "Reply-To" line
email individuals who have given prior permission to be emailed
hire a company to market services
tell recipients how to opt out of receiving future emails
The owner of an apartment building has just signed an agreement with a real estate firm. Has an agency been formed?
No, because an agency is formed only with a listing agreement between a seller and real estate licensee
No, because an agency with a licensee is formed only in situations of buying and selling, not managing, real estate
Yes, because an agency is formed whenever one party delegates to another the right to act on his behalf in certain business transactions
Yes, because an agreement between a property owner and a property manager creates a universal agency
The most typical purpose of a deed restriction is to
ensure that the property will not be encumbered
encourage varied uses of the property
control future uses of the property
limit costs of new houses in a subdivision
A managing broker requires his licensees to mention a particular lender to buyers. The broker has a financial interest in this particular mortgage lender. which of the following should the licensee recommend to buyers?
Use this lender for the best rate
Seed advice from an accountant before selecting a lender
Contact other lenders in the area before contacting this lender
Consider this lender, disclosing the broker's interest, and other lenders
A couple leased a waterfront bungalow. The lease began on June 15 2010, and continued through July 31 2010. The couple had
a tenancy at will
a tenancy by entireties
an estate for years
a holdover tenancy
A licensee anxious to make a sale violates his duties toward his principal if he volunteers which of the following pieces of information to a prospective buyer?
You should make an offer for less than the listing price because the owner is anxious to sell
If anything in the contract is changed by my client, you have the option of accepting or rejecting the counteroffer
You can get your earnest money deposit back if the offer of financing is rejected
This house has been listed for 5 months and 10 days
An owner obtains a new mortgage on her house because the house has appreciated in value and she wants money for an investment. The new mortgage rate is 1% lower than the old rate. What is this process called?
An enforceable purchase agreement is formed when
both parties have orally accepted the agreement
the seller makes a counteroffer
the buyer knows of the seller's written acceptance of the offer
the earnest money is paid
Which of the following is generally income tax deductible in home ownership?
down payment on the property
major home improvements
points paid to obtain the loan
maintenance on the property
Which of the following is true concerning eminent domain?
the property must be used solely for recreation
the property is taken through the process of condemnation
the owner must be paid based on the mortgagor's perceived value
the property owner is not compensated for the property
When a borrower defaults on a mortgage, an acceleration clause allows the lender the option of
attaching the borrower's personal property
demanding immediate payment of the entire loan balance
reporting the borrower to both the FHA and the VA
preventing conveyance of the mortgaged property
An owner has been asked to grant a 60-day option to purchase property. When should the purchase price be decided?
upon creation and signing of the offer to purchase
at the closing
at any time during the 60-day option period
within the last 10 business days of the 60-day option period
Which of the following is true about prepayment penalties on VA or FHA loans for single-family dwellings?
the VA requires a prepayment penalty of 2% of the outstanding loan balance
the FHA requires a prepayment penalty of 2% on the principal amount
Both the VA and the FHA require prepayment penalties of 3% of the outstanding loan balance
neither the VA not the FHA allows prepayment penalties
When managing property, which of the following actions is legal?
refusing to rent to families with children
requiring a power of attorney from all prospective tenants
collecting larger security deposits from all prospective tenants with support animals
obtaining information from prospective tenants to determine if they are financially able to afford rent
A licensee is representing prospective buyers. The licensee orally informed buyers that the developer would be paving streets in front of a house in a rural subdivision. The licensee had not verified this but assumed that it was true because the developer had done the paving in similar subdivisions. The buyers relied on the licensee's statement in deciding to buy the house. If no contract exists spelling out paving responsibilities, who can be held responsible for the damages?
the developer because it is a developer's responsibility to pave streets up to existing arteries
the licensee because his unverified statement was misrepresentation
the county because it has jurisdiction over roads in rural areas
no one because no written promise of street paving was made by either the licensee or the developer
Which of the following is a characteristic of a limited partner's role in a limited partnership?
reduced personal liability and no management decision making
a fixed return on investments and a loss of income tax on write-offs
official anonymity with certain tax exemptions and a loss of annual profits exceeding 20% of the investment
authority over larger decisions and active interest investment potential
For a real estate contract to be valid, it must include
a rescission clause
A home equity line of credit it
for a 30-year term
fully tax deductible
a secured loan
available on rental property
Which of the following factors tends to increase the price of residential real estate in a given area?
a zoning change allowing a group home
a large manufacturing plant opening in the city
higher interest rates on home loans
an abundance of homes in a preferred area
A buyer made an offer on a property and the seller accepted the offer. A week later, the seller asked the licensee to amend the contract's provision for closing from 60 days to 90 days. The licensee completed the amendment and all the parties initialed the change. The buyer now asks if the seller would agree to split the cost of any needed repairs found during the home inspection. Which of the following would be prepared to include this provision?
a unilateral contract
a bilateral contract
Four people bought an investment property together, each having equal ownership interest. They took title in such a manner that if one died he could leave his 1/4 interest to his heirs. How did they take title to the real estate?
joint tenants with the right of survivorship
tenancy by the entirety
tenants in common
A seller agreed to list an older house for sale on an "as is" basis. He told the licensee that the roof leaked occasionally and that the plumbing and electrical systems were old and outdated. After signing the listing agreement, the seller had the house inspected for termites and rot damage. Both termite and rot damage were present,and the seller notified the licensee. If neither the seller nor the licensee told the buyer about the damage and the buyer personally inspected the property before closing, would the buyer be able to sue at a later date when the termite damage is found?
No, because the seller sold the property on an "as is" bases
No, because the buyer was free to inspect the property and ask any questions prior to the sale
Yes because the damages were from more than one cause
Yes. because the licensee did not alert the buyer once he discovered the damage
A buyer has a properly executed option with a seller to buy property, which runs through Sept. 15. The buyer decides not to exercise the option. What should the seller do to terminate the option?
Nothing, as the option expires automatically
Have an attorney file a declaration of novation
Exercise the statute of frauds
Execute the contingency clause in the option
The closing date is approaching on the sale of a property to a buyer who is represented by a licensee. Although the sellers have both signed the sales contract, the licensee learns that a relative of the sellers may have a title claim on this property. In this situation, the licensee should
ignore the existence of the relative because if title claim is not asserted before the closing, the buyer can experience no future title problems
ask the listing licensee to advise the seller to contact an attorney to seek a quitclaim deed from the relative
advise the buyer to contact an attorney in preparation to sue for specific performance
inform both the buyers and sellers that the closing cannot occir
The primary purpose of the real estate settlement procedures act (RESPA) is to
inform the buyers and sellers of all settlement costs in real estate transation
control the number of nonfederally-related mortgage loans in the country
standardize the amount of settlement costs in real estate closings
standardize settlement procedures in all parts of the country
Under which of the following circumstances may a seller keep the earnest money deposit of a defaulted buyer?
if the seller wants to declare the sales contract forfeited, and there is a forfeiture clause in the contract
if the seller wants to put the buyer on notice that the contract is being rescinded
if the seller suspects that the buyer never intended to execute the contract
under no circumstances
A deed restriction in a subdivision created a community playground that used a few square feet from the rear of every owner's lot. An owner has begun making plans to convert the rear half of his lot to a garden. The plans would require the removal of park equipment. A neighbor objects to these plans. The neighbor should
do nothing since an individual landowner has no authority to enforce deed restrictions
apply for a court injunction against the owner's plans
inform the owner that the playground is community property
file a lis pendens as soon as possible
An appraisal prepared using the amount of rent generated by the property is an example of which of the following approaches to value?
Which of the following best describes steering?
A licensee sells a property to a family with six children in a predominately older neighborhood.
A lending institution refuses to lend mortgage money within a certain areas due to the ethnic make-up of the area
Because of a prospect's national origin, an individual selling her own property advises the prospect that the property is sold when it's not
A licensee shows prospects of a particular race properties only in areas populated by families of the same race
When using the sales comparison approach, a licensee determines that a comparable property's tile floor in the entry way is worth $2,000. The subject property does not have tile floors at all. Which of the following adjustments should be made?
The comparable should be adjusted upward
The comparable should be adjusted downward
The subject property should be adjusted upward
The subject property should be adjusted downward
An owner has accepted an offer. Another buyer approaches the licensee with an offer on the same property. The licensee should tell this second offeror that
there is a contact on the property and this offer cannot be presented
this offer will be presented and he will encourage the owner to cancel his existing contract
he will present this offer for consideration since the title has not yet been transferred
this offer can be presented as a back up offer only
A real estate licensee was hired by a property management company to lease and manage commercial properties. Each commercial lease was different based on the negotiations of the parties. Which of the following should the licensee do in this circumstance
seek legal counsel to write and review leases
prepare the leases as he trained in real estate
fill in the blanks on reprinted residential lease forms
renegotiate the lease agreements so they are the same
On Feb 1, a licensee with ABC Reality takes a 3-month exclusive right-to-sell listing on a house. On March 1, the licensee moves out of state and inactivates his license. What happens to this listing?
It is automatically terminated
It becomes an open listing contract
It is voidable by the owner because the licensee is no longer active
It remains a valid exclusive right-to-sell listing contract with ABC Realty
A person bought a property from a seller and received a general warranty deed. Two years later, the seller's brother cam forth and claimed he had an ownership interest in the real property. The brother stated he knew the court would uphold his interest. In a general warranty deed, the buyer is protected from a situation by the covenant
of further assurance
of special warranty
What do special, general and universal types of agency have in common?
the originate with the principal
they create ongoing work for the agent
they empower the agent to sign all contracts for the principal
they terminate upon the acceptance of an offer to purchase
Which of the following could be deducted as expenses from annual income taxes on an investment property?
marketing additional principal payments
replacing a roof
installing a new furnace
painting a structure
A buyer has been pre-approved for a loan up to $300,000. The buyer plans to make a down payment of 20% on a property. The buyer will most likely apply for which of the following types of mortgage loans?
A listing licensee has which of the following obligations to the buyer?
A builder is obtaining a construction loan of $95,000 for a single-family residence. Under the Truth-in-Lending Act, disclosure of prepayment penalty by the lender is
not required when the amount of the loan is less than $100,000
not required for a business loan
required for new construction under $100,000
required for a single-family dwelling
Which of the following is a unilateral contract?
an exclusive right-to-sell listing
Which of the following is a purpose of a staked survey?
estimating the value of a property
determining assessed value
locating property boundaries
evaluating marketability of title
A licensee was taking an upper bracket listing from a seller. The seller told her that they had lived in the neighborhood a long time, had many friends there, and wanted to be selective about who bought their house. The licensee was to tell them the race and nationality of anyone making an offer. How should the licensee respond to this requirement?
she should refuse to do so by explaining she would not always know the people making the offer
she should refuse to do so and explain that the seller's instructions could be a violation of federal law.
she could take the listing as it is legal as long as no discriminatory advertising is used
she should agree to it because, as the agent of the seller, the licensee has the duty of obedience to the seller's instructions
A licensee is typically authorized to do which of the following on behalf of this principal?
Submit all written offers to purchase
Place a client's money in the licensee's personal savings account to draw interest
Bind the principal to the contract
Withhold known information from a buyer concerning hidden defects in the listed property
A metes and bounds description must contain which of the following?
at least one artificial monument
a baseline from which measurements are taken
a lot and block number assigned to it in the county recorder's office
a point from which the description begins and at which it ends
A prospective buyer says he only has $1,000 from earnest money, but he anticipates receiving $4,000 as a gift from his aunt. The licensee accepts the $1,000 and a promissory note for the remaining $4,000 as a deposit. Must the promissory note be tied to the buyer's mortgage?
Yes, the note is negotiable and becomes part of the mortgage
Yes, the note is part of the financing instrument required by the lender
No, the note is only a personal document this is unsecured and not part of the mortgage
No, the note is a personal promise to repay a debt and is a complete contract alone
A buyer wants a high initial equity investment in a house. Which of the following should the buyer seek as part of the mortgage terms on the house?
shortest mortgage term available
longest mortgage term available
smallest down payment
largest down payment
In the appraisal process, the relationship between basic and non-basic employment patterns as a means of predictions population and income is known as
Replacing the furnace filters at a rental property on a regular basis is what type of maintenance?
During the property inspection, there are indications that a methamphetamine laboratory had been in the house. This may constitute
an environmental hazard
a latent defect
A minor leases an apartment. Immediately upon reaching the age of majority, the lessee notified the lessor that the lease was being terminated. Which of the following is true in this situation?
The lease is fully enforceable regardless of the lessee's age
the termination is possible because the rescission was made within a reasonable amount of time after the lessee reached the age of majority
the termination is not possible because all lessees are subject to the principal of caveat emptor
the termination is not possible because the lessee cannot unilaterally terminate a signed lease
A seller wants to allow a buyer to assume the existing mortgage. The sellers want to be sure that they will not be liable for the mortgage after it is assumed. Which of the following will best meet the seller's needs?
Which of the following types of information should a licensee disclose to a seller at the time of listing?
current market conditions
names of potential buyers
asbestos in a neighbor's home
racial composition of the neighborhood
To allow for most intensive use of a subdivision land, a zoning variation is required to permit with of the following?
a decrease in the number of outbuilding allowed per block
an increase in the number of building sites per acre
deed restrictions prohibiting the sale of any residential lot to a family of fewer than 4 persons
deed restrictions prohibiting the shrinkage of the backyard area in any residential lot
A licensee was completing a listing with a seller as the seller's agent. When they were walking through the property together, the licensee noticed that new paneling had been installed in the basement. When asked, the seller told the licensee that there had been a leak in the basement wall, but the crack had been patched and the paneling installed. Therefore, the seller said it need not be discussed with a buyer. In this case, which of the following is most appropriate?
As an agent of the seller, the licensee should follow the seller's instructions and not disclose any defects
Tell the buyer the basement had a leak but had been successfully repaired and was no longer a problem
Tell the buyer the basement had leaked and there had been some repair work done, but the buyer is entitled to an inspection of the basement
Since the licensee works for the seller, he cannot discuss with the buyer potential problems in the property
To qualify as a tax-deferred exchange, a property must be
a principal residence
held for productive trade in business
financed through a federal institution
amortized over a 30-year period
A buyer wants to buy a larger house and open a beauty salon in her home. She tells the listing licensee her plans and looks at the property with that licensee. They find a property she likes and she makes an offer this is accepted. After the closing and moving into the property, she finds out there are deed restrictions in the subdivision that prohibit a business operating out of one's home. Which of the following is true?
the buyer was solely responsible for researching the deed restrictions before buying the property
the licensee was representing the seller and had no duty to the buyer to investigate the restrictions
since the licensee knew of the buyer's intended use, the licensee should have ascertained whether or not the property could be used for that purpose
the seller was solely liable for not telling the buyer she would be unable to open a beauty shop in the property
A listing licensee has an exclusive right to represent a new subdivision. She shows properties in the subdivision to prospective buyers who are not working with other licensees. She prepares the offers for those who decide to buy. Which of the following statements best describes this situation?
the buyers are represented by the listing licensee
the buyers are not represented by a licensee
the licensee owes these buyers the duty of obedience
the licensee owes half of her commission to the developer
A licensee was showing a buyer an older home built in 1976. The buyer was concerned about the possibility of lead-based paint having been used on the house. The licensee should tell the buyer
that there is no law regulating this, but the buyer could require an inspection
that the residential lead-based paint reduction act requires disclosure by the seller on houses built before 1978, and they buyer could require an inspection
a lead-based paint disclosure is required on all houses built after 1978, but the buyer is entitled to an inspection if he chooses to have one
that lead based paint is no longer problematic as long as it has been painted over
A person wants to lease a small building to use a coffee shop. The tenant and the landlord agree upon a lease where the tenant will pay all utilities and taxes, in addition to rent. The landlord will pay the insurance. This type of lease is best known as a net lease
gross rent multiplier
The real estate market in a property owner's area is deflated. During a listing period of 6 months, the owner lowered the price of her property a total of $20,000 before finally selling. Upset at taking such a loss on the property, the owner tells the licencee that she is going to lower the percent of commission on the property. Does the owner have legal basis for this action?
Yes, the loss that the owner took on the property should rightfully be shared by the licensee through a lower commission rate
Yes, since commission rates are negotiated, they can be changed at any time by licensee or seller
No, once a commission rate has been negotiated and agreed upon in the listing contract, it cannot be changed unless both parties agree
No, commission rates are set by the state real estate commission and cannot be changed
An owner operated a gas station for 15 years. The city has decided to rezone the area from commercial to residential use. Which of the following is true regarding this situation?
The owner can continue to operate the station only if he obtains a variance
The owner has a non-conforming use and can continue to operate
The owner will have to stop using the property as a gas station because of the rezoning of the area
The owner will need to sell the property and limit it to residential buyers only
A buyer's licensee described the boundaries of a property to a client without disclosing that the boundaries describes were not exact. After purchasing the property, the new owner extended a fence within the described boundaries. A neighbor then brought an injunction against the new owner because the fence extended beyond the actual property boundaries. Can the licensee be accountable for misrepresentation?
Yes because the licensee must present a lot and block survey before closing
Yes because the licensee knew the boundaries cited could be false
No because the licensee's description was oral
No because the prospective buyer is responsible for obtaining a survey before closing
A farmer continuously plowed and planted an unused field that neighbored his property for a statutory period of time set be state law. He did not have the owner's permission to do this. After the statutory time period, the farmer put in a claim of ownership. He may become the owner of the land through
a prescriptive easement
a quitclaim deed
A church owns a retirement home and restricts the rental of the units to church members regardless of age, sex, race, color or national origin. Is this policy a violation of federal fair housing laws?
Yes because all discrimination on the basis of religion is illegal
Yes because the only owners of the single-family homes may discriminate on the basis of religion
No because the nonprofit organizations are not subject to federal housing provisions
No because religious organizations may limit the occupancy of dwelling units they own to persons of the same religion
The best way to determine whether or not there is an encroachment of a boundary line is to
have a survey done
require an appraisal of the property
examine a plat map
have a title search done
Real property taxes are on
cars, boats and trailers
a house and the land on which it sits
underdeveloped land only
all home furnishings and outbuildings
Which of the following is the most important element for a property manager to consider when selecting rental rates?
the rates for similar units in the area
the types of tenants desired for the property
the number of units available to rent
the square footage of each of the units
A licensee who finds a buyer a house listed with his own firm and is paid a fee by the buyer for finding a suitable house has what type of agency?
A licensee has a property under contract with a financing contingency. The mortgage lender calls the licensee and asks if the contract price on the property can be decreased by 5000. The mortgage lender explains that this will help the buyer qualify for a loan and help the seller close. Which of the following should the licensee do?
prepare an addendum to the contract to indicate the price change
notify the sellers that the buyer is not financially qualified
contact a new mortgage lender for the buyer
refuse to change the price as this is illegal
A pest inspection is ordered and an infestation is found. Who pays to correct the problem?
the seller and buyer split the cost
the party specified in the contract
A buyer bought a home from an owner. The owners agreed to owner-finance the property. The parties agreed to amortize the loan over a 15 year period. The buyer become the owner of the record of the property, and the seller had a lien against the property. What type of instrument was used to purchase the property?
a loan assumption
a land contract
a purchase money mortgage
a reverse annuity
A buyer signs a contract to purchase a house, but then attempts to have the contract voided. He is able to prove that he was legally mentally ill when he signed the contract. Will the buyer likely have the contract declared void?
Yes because his mental illness renders the contract voidable
Yes because any buyer can void a purchase agreement before closing
No because mental illness is unrelated to the enforceability of contracts
No because the contract was written and signed by both parties
The Real Estate Settlement Procedure Act (RESPA) applies to which of the following loans?
a 30-acre farm
a contract for a deed
an installment contract
a first mortgage home loan
A buyer bought a house in a subdivision zoned residential. The buyer wanted to open a day care in the home. To do so legally, the buyer should obtain a