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Law of contracts quiz

Total questions: 152

Worksheet time: 3hrs 32mins

Name
Class
Date
1.

TRELA was enacted in 1939 to protect real estate sales agents from unscrupulous brokers

a)

true

b)

false

2.

The Texas Real Estate Commission was created in 1939 to administer the provisions of the License Act.

a)

false

b)

true

3.

The Texas Real Estate Commission will investigate a complaint from a broker about another broker that failed to pay a commission

a)

ture

b)

false

4.

engaging in real estate services w/o 1st obtaining a license is a Class A Misdemeanor in TX

a)

true

b)

false

5.

The real estate center is funded by TREC through the collection of administrative penalties

a)

true

b)

false

6.

to obtain a sales agent license in TX, the applicant must be at least 21 yrs old at the date of application

a)

true

b)

false

7.

the real estate center was created in the 1970s to house data and publications that are available to all

a)

true

b)

false

8.

the Broker-Lawyer Committee _____ promulgated forms

a)

monitors

b)

initiates

c)

drafts

d)

defends

9.

when a license holder adds provisions to contracts that go beyond factual business detail, the agent is engaged in:

a)

something that requires a broker to do

b)

an impromptu

c)

a legal activity

d)

the unauthorized practice of law

10.

unauthorized practice of law includes:

a)

using a contract form from a government agency

b)

recommending a client to seek the advice of an attorney

c)

advising a person regarding the validity or sufficiency of an instrument or of title to real property

d)

using a contract form promulgated by TREC

11.

Failure to use ___ forms or a form required by a party can result in a license revocation or suspension by TREC

a)

refusal

b)

TREC

c)

TREC-Promulgated

d)

conveys

12.

a license holder must not prepare any doc that ___ any interest in real property

a)

serllers or buyers

b)

conveys or affects

c)

refusal or auctioneers

13.

a foreign broker or a broker from another state may collect _____ from a TX broker, as long as the broker doesnt negotiate in TX

a)

affects

b)

conveys

c)

900

d)

a commission

14.

the educational requirements for the broker are (a)   hours

15.

some residential leases contain a right of 1st ______, giving the tenant the right to purchase the leased property by matching or bettering any offer before the property will be sold to someone else

a)

conveys

b)

lease-purchase

c)

attorneys

d)

refusal

16.

A _____ temporary residential lease is for use when the buyer occupies the property for no more than 90 days prior to closing

a)

buyer's

b)

auctioneers

c)

seller's

d)

TREC

17.

____ licensed in TX may rep clients in real estate transaction w/o a license

a)

900

b)

auctioneers

c)

sellers

d)

attorneys

18.

a lease with an option to purchase is commonly known as _____ agreement

a)

lease-purchase

b)

buyer's

c)

TREC

d)

refusal

19.

_____ may call an auction w/o the need for real estate license so long as no other real estate services are being provided

a)

auctioneers

b)

refusal

c)

conveys

d)

TREC-promulgated

20.

a seller's temporary residential lease for use when the seller occupies the property for no more than 90 days after closing

a)

900

b)

seller's

c)

affects

d)

auctioneers

21.

(a)   is the body of laws and regulations enacted by federal and state legislatures. Much of what was once embodied in common law is now codified in statues passed at the state and federal level

22.

(a)   understanding the relationship between the parties to a transaction, sales agent, brokers, and other is vitally important. The level of service provided to a buyer, seller, landlord, or tenant is determined by the presence of or lack of an agency agreement with the broker

23.

(a)   is a body of law developed in England and based upon "common sense" and local custom, which has expanded over the years as a result of prior court decisions

24.

(a)   is the law that determines a valid and enforceable contract

25.

the rights to oil, gas, and other minerals and extend to the center of the earth

(a)  

26.

the right to develop or improve the surface and to use resources extracted from or near the surface including stone, gravel, water, and limestone

a)

subsurface rights

b)

air rights

c)

surface rights

d)

water rights

27.

the rights that extend above the surface w/o limitation

(a)  

28.

man-made additions to the land that are permanent and are part of the land

a)

improvements

b)

real property

c)

real estate

d)

land

29.

all of the following are part of the subsurface except:

a)

oil

b)

other minerals

c)

WATER

d)

GAS

30.

all of the following are examples od improvements except:

a)

ceiling fan

b)

patio

c)

building

d)

fence

31.

all that encompasses the land w/ the addition of all man-made additions to the land

a)

improvements

b)

real property

c)

real estate

d)

land

32.

personal property that has become attached to the land in such a way to become part of the real property

(a)  

33.

things that are temporary or moveable and arent part of real property

a)

emblement

b)

personalty

c)

fixture

d)

adaptation

34.

the process of attaching personal property in such a way that it becomes real property

a)

fixture

b)

chattel

c)

annexation

d)

emblement

35.

the most important test of a fixture

a)

method of attachment

b)

adaptation

c)

intention of the party

d)

emblement

36.

personal property is also known as:

(a)  

37.

fixtures that are needed to carry out a business

(a)  

38.

annual crops that are produced w/ labor are called:

a)

severance

b)

annexation

c)

personalty

d)

emblement

39.

a custom-made and installed fireplace screen is a fixture through this test:

(a)  

40.

_____ comes from the theory of supply and demand. A limited supply causes an increase in price

a)

scarcity

b)

fixity

c)

midification

d)

immobility

41.

______ refers to the fact that land cant be destroyed

a)

fixity

b)

indestructibility

c)

situs

d)

nonhomogeneity

42.

(a)   refers to the fact that land, and additions to the land such as buildings, take a long period of time to pay for themselves. Land cant be moved

43.

(a)   refers to the fact that land cant be moved. you must fo to the land

44.

______ refers to the fact that no 2 pieces of land are the same. they cant occupy the same place on earth, making them unique

a)

immobility

b)

situs

c)

nonhomogeneity

d)

scarcity

45.

(a)   refers to the location of the property or land from an economic stand point

46.

(a)   refers to the fact that value is affected by man-made changes to the land. These changes could be off-site as well like an improved transportation system

47.

the 4 unities of joint tenancy are time, title, interest, and _______

a)

survivorship

b)

separate

c)

beneficiary

d)

possession

48.

an entity created for the benefit of another

a)

trust

b)

survivorship

c)

separate property

d)

beneficiary

49.

what ends tenancy in common by dividing the land into separate pieces?

(a)  

50.

general partner arent involved in the day to day operations. they are the investors

a)

true

b)

false

51.

a sole proprietorship is a venture owned by a couple

a)

true

b)

false

52.

limited partnership have both general partners and limited partners

a)

true

b)

false

53.

partnership must have at least 1 limited partner

a)

true

b)

false

54.

corporations are created easily by an oral or written agreement

a)

true

b)

false

55.

a corporation is considered a distinct legal entity under the law and may own real estate and other assets

a)

true

b)

false

56.

the primary benefit to a sole proprietorship is that the owner has total control of the business

a)

true

b)

false

57.

corporations are owned by the board of directors

a)

true

b)

false

58.

a partnership can be created w/ simple written agreement or it may be created orally

a)

true

b)

false

59.

An S Corporation eliminates the double taxation issue of a large corporation

a)

true

b)

false

60.

condos are established un laws referred to as ______

a)

Horizontal property acts

b)

cooperatives

c)

proprietary leases

d)

HOA

61.

Owners of a _____ dont actually own their unit but do have an ownership share in the corporation that owns the building

a)

cooperative

b)

timeshare

c)

condo

d)

HOA

62.

the ADA is an expensive law that affects almost all public accommodations

a)

true

b)

false

63.

contract that is created by behavior

a)

contract

b)

express contract

c)

implied contract

d)

option

64.

an agreement made oral or in writing

a)

contract

b)

express contract

c)

void contract

d)

option

65.

a contract that is binding only on one party

a)

contract

b)

bilateral contract

c)

option

d)

unilateral contract

66.

an agreement between 2 parties to do something or refrain from doing something

(a)  

67.

an agreement that was never valid

a)

void contract

b)

voidable contract

c)

implied contract

d)

bilateral contract

68.

an agreement that gives the buyer the right to buy but only the seller is bound to the agreement

(a)  

69.

what transfers all the rights related to the contract to another party

a)

listing agreement

b)

executed contract

c)

novation

d)

assignment

70.

A contract that is binding on the parties, with 1 or more parties having contractual duties that have not been performed

a)

executed contract

b)

fully executed contract

c)

executory contract

d)

assignment

71.

A type of contract that can't be assigned

a)

novation

b)

assignment

c)

listing agreement

d)

fully executed contract

72.

A contract that has been agreed to, signed by the parties, and the acceptance communicated to the offeror

a)

executory contract

b)

assignment

c)

novation

d)

executed contract

73.

A new contract is substituted for an existing contract

(a)  

74.

all the terms of the agreement have been met and the sale closes

a)

novation

b)

listing agreement

c)

executed contract

d)

fully executed contract

75.

what creates the highest priority lien and gets paid 1st at foreclosure

a)

M and M lien

b)

mortgage

c)

IRS taxes

d)

Ad Valorem Taxes

76.

Which of the following isnt an example of police power?

a)

zoning

b)

building codes

c)

condo

d)

buffer zone

77.

what gives someone permission to violate a zoning law

(a)  

78.

what is it called when the action of the gov when it takes private land

a)

eminent doman

b)

escheat

c)

condo

d)

police power

79.

when a homestead property is sold at a tax auction, the owner has:

a)

2 year right of redemption

b)

allodial rights

c)

escheat rights

d)

property tax consultant rights

80.

when a person dies w/o a will and isnt married and has no children, the property goes to:

a)

their heirs

b)

federal government

c)

county government

d)

the state

81.

what is the property value called for tax purposes

a)

mills

b)

inverse condemnation

c)

assessed value

d)

condemnation

82.

curtesy is the interest of a wife in her husband's estate

a)

true

b)

false

83.

TX homestead laws limit an urban to 10 acres, but dont put a limit on rural homesteads

a)

true

b)

false

84.

a freehold estate includes certain rights/ privileges referred to as the bundle of rights

a)

true

b)

false

85.

property that was owned before marriage falls under community property once a couple is marries

a)

true

b)

false

86.

the best type of ownership is conditional fee ownership

a)

true

b)

false

87.

the remainderman in a life estate receives fee simple ownership upon the death of the life tenant

a)

true

b)

false

88.

fee simple ownership is defeated by death

a)

true

b)

false

89.

Tx is one of the 9 states that adhere to the concept of community property

a)

true

b)

false

90.

is this a community or separate property? Arthur was driving to work one day when a work truck plowed into his car. Arthur and his attorney successfully sue the driver’s company for compensation for pain and suffering. He and his wife are embroiled in a contentious divorce, and she lays claim to the settlement. What is the status of Arthur’s settlement?

a)

community property

b)

separate property

91.

what is a mortgage lien called?

a)

statutory lien

b)

involuntary lien

c)

ecumbrance

d)

voluntary lien

92.

what is it called when a right is given by law to certain creditors to have debts paid out of the property of a defaulting debtor

(a)  

93.

what is it called when limitations are placed in a deed when the property is conveyed to a new owner

a)

private deed restrictions

b)

encumbrance

c)

lien

d)

voluntary lien

94.

what type of lien is created by law

a)

voluntary lien

b)

involuntary lien

c)

statutory lien

d)

private deed restrictions

95.

what is it called when a claim, lien, charge, or liability are attached to and binding real property

(a)  

96.

what type of lien is placed on the property against the wish of the property owner

a)

statutory lien

b)

private deed restrictions

c)

encumbrance

d)

involuntary lien

97.

the right to use water from a river or stream that borders a property is called?

(a)  

98.

what is it called when the CC&Rs are found in a recorded document?

a)

deed

b)

reliction doc

c)

POA regulations

d)

declaration of restrictions

99.

when a seller of coastal property abutting tidally influenced water they must provide?

a)

info regarding tidal water notice

b)

navigable water disclosure

c)

notice regarding coastal area property

d)

gulf intracoastal waterway declaration

100.

what is a theory of water law that is based on the idea that "1st in time is 1st in right."

(a)  

101.

what is it called when a right, privilege, or improvement that belongs to and passes w/ the land but isnt truly part of the land?

a)

appurtenance

b)

mineral right

c)

encroachment

d)

appropriative right

102.

what is it called when an intrusion of one's property onto another's property?

(a)  

103.

abatement plan outlines helps with:

(a)  

104.

there isnt a duty to remediate (a)  

105.

what condition or hazardous substance do you have to know their location and disclose it?

(a)  

106.

Mitigation helps lower the lvls of what hazardous substance?

(a)  

107.

contracts can be discharged due to what?

a)

loss of license by 1 of the brokers

b)

a change in law that makes the performance illegal

c)

death of the buyer or seller

d)

unilateral acceptance

108.

__________ stipulates that a contract that is clear, not ambiguous, and states that the terms for performance under the contract may be determined by a reading of the entire contract.

a)

anti-ambiguity

b)

4 corners rule

c)

discharge of a contract

d)

time of the essence

109.

the seller lists with only one broker and agrees to pay the broker commission even if the owner sell the property himself or herself. This is the listing most brokers prefers.

What is this called?

(a)  

110.

The seller lists the property with only one broker but reserves the right to sell the property and not pay commission. The seller and broker compete to bring the buyer.

What is this called?

(a)  

111.

Nick has been looking for a home for his family ever since he got a big promotion. He hires real estate agent Anna who negotiates a 5.5% commission on the sale. Anna helps Nick purchase a home listed at $325,900, for $300,000.

How much does Anna's broker collect in commission?

a)

$18,333

b)

$54,545

c)

$16,500

d)

$166,500

112.

Nick has been looking for a home for his family ever since he got a big promotion. He hires real estate agent Anna who negotiates a 5.5% commission on the sale. Anna helps Nick purchase a home listed at $325,900, for $300,000.

If Anna gets 50% of her broker's commission, how mush does Anna make on the deal?

a)

$83,250

b)

$9,166

c)

$27,272

d)

$8,250

113.

In this type of lease, the tenant pays rent and the landlord pays the costs associated with ownership including the utilities. The tenant only pays rent.

a)

gross lease

b)

graduated lease

c)

percentage lease

d)

net lease

114.

all of the following are requirements of a valid lease except:

a)

let and take agreement

b)

competent parties

c)

adequate consideration

d)

delivery

115.

a lease can be discharged for many reasons excpet:

a)

at the end of their term

b)

by condemnation

c)

by constructive eviction

d)

eviction

116.

what is it called when a tenant transfers all of his rights and liabilities under the lease to another person?

(a)  

117.

in TX, a real estate agent may not write all of the following transactions agreements except:

a)

lease-option purchase agreement

b)

lease-purchase agreement

c)

contract for deed

d)

Trec promulgated sales contract

118.

risk to a buyer in a contract for deed includes all of the following except:

a)

the buyer may fail to make payments to the seller

b)

the seller could file bankruptcy, encumbering the title

c)

an unscrupulous seller may mortgage the property w/o the buyer's knowledge

d)

the seller may not be able to deliver clear title in the future

119.

what is it called when all offers must be given to the intended party

a)

presented

b)

do nothing

c)

communicated

120.

what is one of the options of the offeree when the offer is received?

(a)  

121.

when the accepting party of the offer makes no changes to the contract whatsoever is called?

a)

do nothing

b)

government survey system

c)

acceptance

d)

presented

122.

Barbara is the buyer’s agent for Lin. She submits an offer package on Lin’s behalf and is careful to include the Third Party Financing Addendum, so the contract will be contingent on Lin’s ability to secure financing for $210,000 within 14 days. Lin’s offer is accepted. As her financing deadline approaches, Lin’s lender decides that she is only eligible to borrow $200,000.

Which of the following options is NOT available to Lin?

a)

Lin can choose not to take any action

b)

Lin can attempt to re-negotiate the price of the home as long as Barbra submits a new or amended contract

c)

Lin can choose to put up $10,000 cash extra in order to make up the difference

d)

Lin can terminate the contract to forfeit her earnest money

123.

A contingency to a contract is an attachment that adds or further describes the rights and duties of the parties.

a)

true

b)

false

124.

Appraisal contingencies are not related to financing contingencies because lenders use appraisals to determine the amount of money they will lend on a property.

a)

true

b)

false

125.

Under federal law all sellers of homes built prior to 1968 must provide to the buyer a disclosure of their knowledge of possible lead-based paint hazards.

a)

true

b)

false

126.

Lead-based paint is a special concern in the basement areas of certain homes.

a)

true

b)

false

127.

is the person who pledges the property to secure the debt is called a mortgagee?

a)

true

b)

false

128.

is a promissory note pledged to the property to secure the dubt

a)

true

b)

false

129.

could mortgages be in 1 of 2 forms, a standard mortgage and deed of trust?

a)

true

b)

false

130.

is the deed of trust of a 4 party mortgage including, the borrower, the trustee, and an attorney

a)

true

b)

false

131.

is a lien theory sate, the mortgage transfers the title of the property to the lender from the borrower until the debt is satisfied?

a)

true

b)

false

132.

what was established in 1970 for the purpose of purchasing mortgages in the secondary market?

a)

government national mortgage association

b)

fannie mae

c)

federal national mortgage association

d)

freddie mac

133.

what is the market where buyers and mortgage lenders come together to create and negotiate a mortgage transaction?

(a)  

134.

The FHA is not a lender, but a mortgage insurance program that protects the lender from loss in the event of default by the borrower by insuring the full amount of the loan.

a)

true

b)

false

135.

can veterans apply for a VA loan if they were discharged under any conditions?

a)

yes

b)

no

136.

is a USDA loan commonly referred to as a section 8 loan

a)

yes

b)

no

137.

is it true that lenders may use the high Cs of good lending to determine ability and willingness to make timely payments

a)

yes

b)

no

138.

Any seller concession or combination of concessions which exceeds 3 % of the established reasonable value of the property is considered excessive and unacceptable for VA-guaranteed loans.

a)

true

b)

false

139.

under what system does the purchaser doesnt receive a physical title

a)

torrens system

b)

abstract system

c)

title

d)

marketable title

140.

what type of system is a property owner obtains a certificate of title that is recorded in the public records

a)

title

b)

marketable title

c)

abstract title

d)

torrens system

141.

is any transfer of ownership called alienation?

a)

yes

b)

no

142.

does the government have the right to acquire ownership from the rightful owner for public use called condemnation?

a)

yes

b)

no

143.

what is a handwritten will called?

(a)  

144.

a person inherits a property through intestate succession receives ____?

a)

title by decent

b)

title by devise

c)

formal

d)

nuncupative

145.

what is it called when the formal judicial proceeding to prove/confirm the validity of a will?

(a)  

146.

what is it called when a person who inherits property through a will receives?

a)

nuncupative

b)

formal

c)

title by devise

d)

title by decent

147.

what is a will by an attorney called?

(a)  

148.

is the time period between the signing of a contract and closing always 30-45 days?

a)

true

b)

false

149.

if the contract cant be delivered to the title company by the seller's agent, is it only by the buyer's agent?

a)

true

b)

false

150.

A title company will defend the title in court and pay for actual loss in which situation?

a)

the title company missed a judgement, tax, or special assessment

b)

a lien created by the buyer's financing

c)

the buyer loses a portion of land due to water

d)

a violation or building ordinance is discovered after closing

151.

what is the lender's title policy called?

a)

title commitment

b)

title policy for the lender

c)

the mortagee's title policy

d)

the owner's title policy

152.

the TX department of insurance rule (a)   addresses the relationship between the title company and real estate agent