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WorksheetsLaw of contracts quiz
Total questions: 152
Worksheet time: 3hrs 32mins
TRELA was enacted in 1939 to protect real estate sales agents from unscrupulous brokers
true
false
The Texas Real Estate Commission was created in 1939 to administer the provisions of the License Act.
false
true
The Texas Real Estate Commission will investigate a complaint from a broker about another broker that failed to pay a commission
ture
false
engaging in real estate services w/o 1st obtaining a license is a Class A Misdemeanor in TX
true
false
The real estate center is funded by TREC through the collection of administrative penalties
true
false
to obtain a sales agent license in TX, the applicant must be at least 21 yrs old at the date of application
true
false
the real estate center was created in the 1970s to house data and publications that are available to all
true
false
the Broker-Lawyer Committee _____ promulgated forms
monitors
initiates
drafts
defends
when a license holder adds provisions to contracts that go beyond factual business detail, the agent is engaged in:
something that requires a broker to do
an impromptu
a legal activity
the unauthorized practice of law
unauthorized practice of law includes:
using a contract form from a government agency
recommending a client to seek the advice of an attorney
advising a person regarding the validity or sufficiency of an instrument or of title to real property
using a contract form promulgated by TREC
Failure to use ___ forms or a form required by a party can result in a license revocation or suspension by TREC
refusal
TREC
TREC-Promulgated
conveys
a license holder must not prepare any doc that ___ any interest in real property
serllers or buyers
conveys or affects
refusal or auctioneers
a foreign broker or a broker from another state may collect _____ from a TX broker, as long as the broker doesnt negotiate in TX
affects
conveys
900
a commission
the educational requirements for the broker are (a) hours
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
conveys
lease-purchase
attorneys
refusal
A _____ temporary residential lease is for use when the buyer occupies the property for no more than 90 days prior to closing
buyer's
auctioneers
seller's
TREC
____ licensed in TX may rep clients in real estate transaction w/o a license
900
auctioneers
sellers
attorneys
a lease with an option to purchase is commonly known as _____ agreement
lease-purchase
buyer's
TREC
refusal
_____ may call an auction w/o the need for real estate license so long as no other real estate services are being provided
auctioneers
refusal
conveys
TREC-promulgated
a seller's temporary residential lease for use when the seller occupies the property for no more than 90 days after closing
900
seller's
affects
auctioneers
(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
(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
(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
(a) is the law that determines a valid and enforceable contract
the rights to oil, gas, and other minerals and extend to the center of the earth
(a)
the right to develop or improve the surface and to use resources extracted from or near the surface including stone, gravel, water, and limestone
subsurface rights
air rights
surface rights
water rights
the rights that extend above the surface w/o limitation
(a)
man-made additions to the land that are permanent and are part of the land
improvements
real property
real estate
land
all of the following are part of the subsurface except:
oil
other minerals
WATER
GAS
all of the following are examples od improvements except:
ceiling fan
patio
building
fence
all that encompasses the land w/ the addition of all man-made additions to the land
improvements
real property
real estate
land
personal property that has become attached to the land in such a way to become part of the real property
(a)
things that are temporary or moveable and arent part of real property
emblement
personalty
fixture
adaptation
the process of attaching personal property in such a way that it becomes real property
fixture
chattel
annexation
emblement
the most important test of a fixture
method of attachment
adaptation
intention of the party
emblement
personal property is also known as:
(a)
fixtures that are needed to carry out a business
(a)
annual crops that are produced w/ labor are called:
severance
annexation
personalty
emblement
a custom-made and installed fireplace screen is a fixture through this test:
(a)
_____ comes from the theory of supply and demand. A limited supply causes an increase in price
scarcity
fixity
midification
immobility
______ refers to the fact that land cant be destroyed
fixity
indestructibility
situs
nonhomogeneity
(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
(a) refers to the fact that land cant be moved. you must fo to the land
______ refers to the fact that no 2 pieces of land are the same. they cant occupy the same place on earth, making them unique
immobility
situs
nonhomogeneity
scarcity
(a) refers to the location of the property or land from an economic stand point
(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
the 4 unities of joint tenancy are time, title, interest, and _______
survivorship
separate
beneficiary
possession
an entity created for the benefit of another
trust
survivorship
separate property
beneficiary
what ends tenancy in common by dividing the land into separate pieces?
(a)
general partner arent involved in the day to day operations. they are the investors
true
false
a sole proprietorship is a venture owned by a couple
true
false
limited partnership have both general partners and limited partners
true
false
partnership must have at least 1 limited partner
true
false
corporations are created easily by an oral or written agreement
true
false
a corporation is considered a distinct legal entity under the law and may own real estate and other assets
true
false
the primary benefit to a sole proprietorship is that the owner has total control of the business
true
false
corporations are owned by the board of directors
true
false
a partnership can be created w/ simple written agreement or it may be created orally
true
false
An S Corporation eliminates the double taxation issue of a large corporation
true
false
condos are established un laws referred to as ______
Horizontal property acts
cooperatives
proprietary leases
HOA
Owners of a _____ dont actually own their unit but do have an ownership share in the corporation that owns the building
cooperative
timeshare
condo
HOA
the ADA is an expensive law that affects almost all public accommodations
true
false
contract that is created by behavior
contract
express contract
implied contract
option
an agreement made oral or in writing
contract
express contract
void contract
option
a contract that is binding only on one party
contract
bilateral contract
option
unilateral contract
an agreement between 2 parties to do something or refrain from doing something
(a)
an agreement that was never valid
void contract
voidable contract
implied contract
bilateral contract
an agreement that gives the buyer the right to buy but only the seller is bound to the agreement
(a)
what transfers all the rights related to the contract to another party
listing agreement
executed contract
novation
assignment
A contract that is binding on the parties, with 1 or more parties having contractual duties that have not been performed
executed contract
fully executed contract
executory contract
assignment
A type of contract that can't be assigned
novation
assignment
listing agreement
fully executed contract
A contract that has been agreed to, signed by the parties, and the acceptance communicated to the offeror
executory contract
assignment
novation
executed contract
A new contract is substituted for an existing contract
(a)
all the terms of the agreement have been met and the sale closes
novation
listing agreement
executed contract
fully executed contract
what creates the highest priority lien and gets paid 1st at foreclosure
M and M lien
mortgage
IRS taxes
Ad Valorem Taxes
Which of the following isnt an example of police power?
zoning
building codes
condo
buffer zone
what gives someone permission to violate a zoning law
(a)
what is it called when the action of the gov when it takes private land
eminent doman
escheat
condo
police power
when a homestead property is sold at a tax auction, the owner has:
2 year right of redemption
allodial rights
escheat rights
property tax consultant rights
when a person dies w/o a will and isnt married and has no children, the property goes to:
their heirs
federal government
county government
the state
what is the property value called for tax purposes
mills
inverse condemnation
assessed value
condemnation
curtesy is the interest of a wife in her husband's estate
true
false
TX homestead laws limit an urban to 10 acres, but dont put a limit on rural homesteads
true
false
a freehold estate includes certain rights/ privileges referred to as the bundle of rights
true
false
property that was owned before marriage falls under community property once a couple is marries
true
false
the best type of ownership is conditional fee ownership
true
false
the remainderman in a life estate receives fee simple ownership upon the death of the life tenant
true
false
fee simple ownership is defeated by death
true
false
Tx is one of the 9 states that adhere to the concept of community property
true
false
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?
community property
separate property
what is a mortgage lien called?
statutory lien
involuntary lien
ecumbrance
voluntary lien
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)
what is it called when limitations are placed in a deed when the property is conveyed to a new owner
private deed restrictions
encumbrance
lien
voluntary lien
what type of lien is created by law
voluntary lien
involuntary lien
statutory lien
private deed restrictions
what is it called when a claim, lien, charge, or liability are attached to and binding real property
(a)
what type of lien is placed on the property against the wish of the property owner
statutory lien
private deed restrictions
encumbrance
involuntary lien
the right to use water from a river or stream that borders a property is called?
(a)
what is it called when the CC&Rs are found in a recorded document?
deed
reliction doc
POA regulations
declaration of restrictions
when a seller of coastal property abutting tidally influenced water they must provide?
info regarding tidal water notice
navigable water disclosure
notice regarding coastal area property
gulf intracoastal waterway declaration
what is a theory of water law that is based on the idea that "1st in time is 1st in right."
(a)
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?
appurtenance
mineral right
encroachment
appropriative right
what is it called when an intrusion of one's property onto another's property?
(a)
abatement plan outlines helps with:
(a)
there isnt a duty to remediate (a)
what condition or hazardous substance do you have to know their location and disclose it?
(a)
Mitigation helps lower the lvls of what hazardous substance?
(a)
contracts can be discharged due to what?
loss of license by 1 of the brokers
a change in law that makes the performance illegal
death of the buyer or seller
unilateral acceptance
__________ 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.
anti-ambiguity
4 corners rule
discharge of a contract
time of the essence
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)
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)
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?
$18,333
$54,545
$16,500
$166,500
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?
$83,250
$9,166
$27,272
$8,250
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.
gross lease
graduated lease
percentage lease
net lease
all of the following are requirements of a valid lease except:
let and take agreement
competent parties
adequate consideration
delivery
a lease can be discharged for many reasons excpet:
at the end of their term
by condemnation
by constructive eviction
eviction
what is it called when a tenant transfers all of his rights and liabilities under the lease to another person?
(a)
in TX, a real estate agent may not write all of the following transactions agreements except:
lease-option purchase agreement
lease-purchase agreement
contract for deed
Trec promulgated sales contract
risk to a buyer in a contract for deed includes all of the following except:
the buyer may fail to make payments to the seller
the seller could file bankruptcy, encumbering the title
an unscrupulous seller may mortgage the property w/o the buyer's knowledge
the seller may not be able to deliver clear title in the future
what is it called when all offers must be given to the intended party
presented
do nothing
communicated
what is one of the options of the offeree when the offer is received?
(a)
when the accepting party of the offer makes no changes to the contract whatsoever is called?
do nothing
government survey system
acceptance
presented
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?
Lin can choose not to take any action
Lin can attempt to re-negotiate the price of the home as long as Barbra submits a new or amended contract
Lin can choose to put up $10,000 cash extra in order to make up the difference
Lin can terminate the contract to forfeit her earnest money
A contingency to a contract is an attachment that adds or further describes the rights and duties of the parties.
true
false
Appraisal contingencies are not related to financing contingencies because lenders use appraisals to determine the amount of money they will lend on a property.
true
false
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.
true
false
Lead-based paint is a special concern in the basement areas of certain homes.
true
false
is the person who pledges the property to secure the debt is called a mortgagee?
true
false
is a promissory note pledged to the property to secure the dubt
true
false
could mortgages be in 1 of 2 forms, a standard mortgage and deed of trust?
true
false
is the deed of trust of a 4 party mortgage including, the borrower, the trustee, and an attorney
true
false
is a lien theory sate, the mortgage transfers the title of the property to the lender from the borrower until the debt is satisfied?
true
false
what was established in 1970 for the purpose of purchasing mortgages in the secondary market?
government national mortgage association
fannie mae
federal national mortgage association
freddie mac
what is the market where buyers and mortgage lenders come together to create and negotiate a mortgage transaction?
(a)
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.
true
false
can veterans apply for a VA loan if they were discharged under any conditions?
yes
no
is a USDA loan commonly referred to as a section 8 loan
yes
no
is it true that lenders may use the high Cs of good lending to determine ability and willingness to make timely payments
yes
no
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.
true
false
under what system does the purchaser doesnt receive a physical title
torrens system
abstract system
title
marketable title
what type of system is a property owner obtains a certificate of title that is recorded in the public records
title
marketable title
abstract title
torrens system
is any transfer of ownership called alienation?
yes
no
does the government have the right to acquire ownership from the rightful owner for public use called condemnation?
yes
no
what is a handwritten will called?
(a)
a person inherits a property through intestate succession receives ____?
title by decent
title by devise
formal
nuncupative
what is it called when the formal judicial proceeding to prove/confirm the validity of a will?
(a)
what is it called when a person who inherits property through a will receives?
nuncupative
formal
title by devise
title by decent
what is a will by an attorney called?
(a)
is the time period between the signing of a contract and closing always 30-45 days?
true
false
if the contract cant be delivered to the title company by the seller's agent, is it only by the buyer's agent?
true
false
A title company will defend the title in court and pay for actual loss in which situation?
the title company missed a judgement, tax, or special assessment
a lien created by the buyer's financing
the buyer loses a portion of land due to water
a violation or building ordinance is discovered after closing
what is the lender's title policy called?
title commitment
title policy for the lender
the mortagee's title policy
the owner's title policy
the TX department of insurance rule (a) addresses the relationship between the title company and real estate agent
