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WorksheetsReal Estate Practice
Total questions: 174
Worksheet time: 2hrs 17mins
To transfer title to real property
(a)
Defines bundle of legal rights being conveyed
(a)
A type of deed that provides the grantee the least protection
(a)
A type of deed that provides the grantee the least protection
(a)
Type of lease that requires tenant to pay rent plus building expenses
(a)
Property is transferred to state
(a)
Which type of notice is accomplished from information a person has learned by reading, seeing, or hearing?
Constructive notice
Verbal notice
Legal notice
Actual notice
Which part of a deed contains a promise by the grantor that the grantor owns the property and has the right to convey the title?
Premises
Habendum
Seisen
Granting clause
Which lien is a superior lien
Special assessment lien
Federal income tax lien
First mortgage lien
Mechanic’s lien
Which lien is a specific lien
Judgment lien
IRS lien
Estate tax lien
Vendor’s lien
What is typically added to a contract before it's signed and specifies supplementary information not previously included in the contract?
addenda
codicils
affidavits
amendments
Martha is selling her home to downsize and live closer to her grandchildren. She has been looking at a property to buy, and while the sellers are eager to close the sale, Martha has made it clear she won't buy until her current property is sold. This is an example of a(n):
sale of another property contingency
appraisal contingency
financing contingency
inspection contingency
What is typically added to a contract before it's signed and specifies supplementary information not previously included in the contract?
addenda
codicils
affidavits
amendments
Mary has one of her listings under contract. The contract calls for possession at closing. Now the seller asks if she can stay for three days after closing. The buyer orally agrees. What does Mary need to do now?
prepare an amendment and add the Seller’s Temporary Lease Agreement
change the terms in the original document under special provisions
When a lender agrees to allow the borrower to sell the property and accept less than a full pay off amount, it is referred to as a(n):
short sale
alternative payoff
hardship payoff
short payoff
All of the following legislation was designed to protect consumers from unfair lending practices EXCEPT:
Americans with Disabilities Act
Equal Credit Opportunity Act
Truth in Lending Act
Real Estate Settlement Procedures Act
What happens when the property and the buyer have both met the lender’s underwriting requirements?
The loan is approved.
The underwriting process begins.
The buyer is pre-qualified.
Which of the following is the promise to pay on a mortgage loan?
promissory note
deed of trust
lien
mortgage
Which of the following documents are considered proof of ownership?
the deed
the title policy
Although it is NOT a physical document, the actual ownership of a property is signified by who holds the:
title
deed
deed of trust
notice
Jack died without a will. His property is disposed of through the laws of descent. That is considered:
involuntary alienation
adverse possession
eminent domain
voluntary alienation
Loan approval consists of two different approvals. What are they?
approval of the buyer and approval of the property
approval of the appraisal and approval of the seller
approval of the survey and approval of the buyer
What, if anything, must happen when an inspector reports a problem?
No one is technically required to repair the problem.
The seller must repair the problem.
Examples of ongoing expenses that need to be split fairly between the buyer and seller of the property through prorations include all of the following EXCEPT:
homeowners insurance
HOA dues
real estate taxes
utility charges
The effective date is determined by:
the final date of acceptance
when the seller accepts an offer
when the first draft of the contract is given to clients
when the contract is put into writing
Always fill in the contact information accurately.
Advise sellers that they must accept the offer that is received first.
Which of the following is NOT a good contract practice?
Get the final contract in writing.
Set closing 30-45 days out
According to TREC, how many days do buyers have to deliver their termination-option fee?
three calendar days
three business days
The statute of frauds stipulates that:
All contracts that involve the sale or transfer of real estate, debts, specific obligations, and the sale of goods (exceeding $500) must be in writing.
All contracts that cannot be completed within six months must be in writing.
A legal description MUST:
describe a property in a precise and distinct manner
match the address on record at the post office
A leasing of bare, undeveloped land
Variable Lease
Index Lease
Ground Lease
Graduated Lease
The process and act of transferring property from one party to another
Alienation
Severance
Escheat
Forbearance
To convey clear title in a dower and curtesy state,
both spouses must release their interest to the other spouse.
both spouses must sign the conveyance.
there must be two seperate conveyances, each signed by one spouse.
the head of the household must sign the conveyance.
States that do not have dower and curtesy usually have either community property laws or
descent by escheat.
elective share.
share by the entireties.
judicial election.
TRELA
enforces the License Act.
may appoint an administrator for the TREC.
is a primary law that regulates the conduct of the real estate licence holders.
is the law established by the TREC in the rule-making authority.
One of the BEST ways a broker might protect against agency problems is to
never represent buyers.
never discuss agency issues with the parties.
always treat both parties as valued customers and treat them fairly, giving them both the same level of service.
develop a clear, written office policy regarding agency issues and require that it be followed by the broker's agents.
An important reason to study agency today is
to better represent customers.
the increased litigation against agents.
to be able to settle legal disputes between buyers and sellers.
because commissions are greater to the agent when agency law is followed.
Which type of co-ownership for married couples dictates that each spouse has half ownership of any property obtained during the marriage, and cannot be sold without the signatures of both spouses?
community property
in severalty
tenancy in common
joint tenancy
Mary is leasing an apartment. She just purchased a ceiling fan for her apartment. While the ceiling fan is still in the box, the ceiling fan is:
personal property
land
easement
real estate
Which of the following laws affecting real estate prohibits discrimination in housing based upon race, color, religion, or national origin?
the Fair Housing Act
the Deceptive Trade Practices Act
the Texas Real Estate License Act
the Uniform Commercial Code
TREC approves and promulgates many forms for license holders' use. These include:
sales contracts and addenda
property management agreements
contracts, property management agreements, and listing agreements
listing agreements and leases
What is the primary purpose of the Broker-Lawyer Committee?
to create, edit, and recommend contract forms to TREC
to create and codify real estate rules for TREC
A seller's property has flooded three times in the past year. When he sells it, he tells his agent but does not disclose the flooding to the buyer. The buyer asks if the creek nearby has ever flooded, and the agent said not that he was aware of. What Act could the agent be guilty of violating?
DTPA
RESPA
TREC
ECOA
A broker is helping a government agency locate a building they can buy for an office. The agency has its own form they want the agent to use when they make their offer. Can the agent do that legally?
Yes, a government agency can require their own form to be used.
No, it would be a violation of TRELA.
No, it is a violation of the Rules of the Commission
No, they must use the promulgated form.
Which of the following is NOT an essential element of a valid contract?
EARNEST MONEY
CONSIDERATION
LAWFUL OBJECTIVE
LEGALLY COMPETENT PARTIES
A contract is signed by a minor. The contract is:
voidable
void
unenforceable
valid
When the terms of a contract have not been completely executed or performed, it is considered to be what kind of contract?
executory
bilateral
unilateral
executed
The Environmental Protection Agency requires sellers of houses built before 1978 to furnish buyers with a:
Lead-Based Paint Disclosure Form
Mold Disclosure Form
Radon Discovery Form
Emmy owns her house. She has full ownership rights to her property, could sell it whenever she wants, and can pass the property on to her heirs. What kind of estate does Emmy have?
fee simple absolute estate
fee simple determinable estate
leasehold estate
Lisa shares a driveway with her neighbor. The driveway is on Lisa’s property, but Lisa allows her neighbor to use the driveway. What is this an example of?
an easement
an encroachment
In a lease purchase agreement, the buyer
Must purchase the property
has an option to purchase
negotiates lease duration
sets option fee later
In a fully performed and closed contract, when can the contract be assigned to another party?
If permitted in the contract
with seller's consent
never
if not explicitly prohibited
In an executory contract, when can parties assign their rights or obligations?
only if specified
always allowed
never allowed
unless prohibited
In a real estate transaction, when a party passes away before the contract is fully executed, what happens to the contract?
Enforceable on estate
Becomes voidable
Requires renegoation
automatically terminates
A real estate agent assists in the sale of a property, and the buyer decides to assign their contract of sale to a third party. The contract contains no provisions regarding assignment. Who opossesses the equitable title of the property until the sale is closed?
Initial buyer and third party
Initial buyer
third party
property seller
A contract must have certain specific elements in order for it to be valid. all of the following are essential to a valid contract EXCEPT
acceptance
consideration
notarization
offer
what is the advantage of a paperless transaction
access to old statements
data security
conversion to ecofriendly
set up and learning curve
When a seller breaches a sales contract, the buyer may NOT be able to
collect liquidated damages
rescind the contract
sue for monetary damages
sue for specific performance
A remedy in court compelling the seller to sell the property is known as
equity of redemption
execution
foreclosure
specific performance
A contract of sale accepted by the seller with the stated understanding that the seller has an executory contract is
a back up contract
a lease with an option
illegal
legal but unethical
A provision in a offer to purchase that requires the completion of a certain act before the contract in binding is known as a
contingency
convenant
lis pendens
restriction
Which is NOT essential to a valid contract?
A lawful object
Competent parties
Monetary consideration
offer and acceptance
If a property is destroyed before the title or possession has passed and the buyer terminates the contract, the buyer
has no recourse
is entitled to all money back
must have insurance to cover it
must sue for the money
If a seller signs an offer made by a purchaser, the first thing the listing agent should do it
give a copy to the seller
sign the contract for her broker
submit the contract to the buyer
take the contract to the broker
If a contract offer is not accepted within the specified time period, it
can be extended by the offeree
cannot be countered
is renewed
terminates
If a seller has alredy acctpted one offer and later accepts another offer on a contigent basis, this new contract is called
back up contract
blanket contract
contingent contract
secondary contract
What must be completed for an option to sell to be valide and enforceable on real property
consideration for the option must be given
the option must be in writing
the option must be recorded
the option must be signed by the optionor and the optionee
A seller signs a contract allowing the buyer to buy the seller's home for $63,200 anytime between the date of the contract and February 8. The seller also agrees not to sell the home to anyone else until after February 8. This contract is called
escrow contract
option
receipt and binder
trust contract
A contract that does not have a legal objective is
void
valid but unenforceable
voidable and unenforceable
voidable
Certain contracts are required to be in writing because of the
statute of contracts
statute of frauds
statute of limitations
statute of wills
Define the duties of a rental agent
Tenant for property + collect fee
Intermediaries between potential tenant + property owner
A legal document that allows to become an attorney
Revises administrative rules + regulations to enforce law
Compensation procedure for a broker price means
Advertising in the name of the brokerage + under supervision of broker
Is active under another Broker
Compensation must be paid to broker not directly to sale associate
Legal term for a type of evidence
Appropriate Licensing Requirement when working on commission =
Must hold an active real estate license unless paid strictly on basic salary
Must hold an active real estate license on commission
Broker Associate Criteria =
Holds Broker License + limited scope activities + active under another broker as a sales associate
4 years of higher of a college degree
Holds Broker License + unlimited scope activities as a sales associate
Define a Florida resident-
Resided in Florida non-continuously for 1 year
Resided in Florida continuously for 4 months
Resided in Florida continuously for 1 year
Resided in Florida non-continuously for 4 months
Who's exempt from 'Post Licensing Requirements'-
A licensee who has 2 years of college or higher
A licensee who has 4 years of college or higher
Prima Facie Evidence =
Legal term for evidence that proves a case unless refused by other evidence
Illegal term for evidence that proves a case unless not refused by other evidence
Legal term for evidence that doesn't prove a case
Salaried Employment Exemption =
No license = still able to receive bonuses
License = commission/bonuses
No license = no commission/bonuses
Define 'Power of Attorney'-
Legal Document- allows person to become attorney in fact
Allows person to sign on another's behalf
Doesn't have the power to sign on another's behalf
Legal Document- doesn't allow person to become attorney
Know 'Legal Kickback Exemption' for tenants in an apartment-
General Agents of their brokers with whom they are registered
Apartment manager pay a tenant for referring a new tenant
Frec's Quasi-Legislative Authority =
Enact administrative rules to enforce license law
Legal responsible for the Acts of license
U.S Armed Force members are protected
Renewal Exemption for an armed force member after active duty ends
Exempt until 12 months after discharge from Active Duty
Exempt until 36 months after discharge from Active Duty
Exempt until 24 months after discharge from Active Duty
Exempt until 18 months after discharge from Active Duty
To renew an expired license you need...
Required to complete 14 hours of education
Required to complete 24 hours of education
The license expires in the first 12 months
The license expires in the first 6 months
Voluntary Relinquishment of a Real Estate License =
There are no disciplinary actions
A licensee can voluntary relinquish their license if they no longer want a Real Estate license
There are some disciplinary actions
A licensee can't voluntary relinquish their license if they no longer want a Real Estate license
Relationship between: Broker = Associates working at Brokerage
General agents of their brokers with whom they are registered
Legally responsible for the broker agents
General agents of their brokers with whom they aren't registered
Not legally responsible for the broker agents
Which Brokerage Relationship provides limited representation?
No Brokerage Relationship
Transaction Broker
Limited Broker
Customer not legally responsible for Acts of Liscense
Define: Residential Transaction-
Improving Property 10+ Acres
All disclosures are required only for Residential Transaction
Improving Property 10> or less Acres
All disclosures are NOT required for Residential Transaction
Requirements for a Designated Sales Associate-
NON-Residential Transaction
Buyer + Seller (1 million assets) request single agent relationship + written permission required
Buyer + Seller request single agent relationship + written permission NOT required
Residential Transaction
Requirements for advertising-
Must be in the name of the brokerage
Considered a broker activity
Not considered a broker activity
Doesn't have to be in the name of the brokerage
Established Business Relationship (EBR) details-
Sales Associate may contact someone on the don't call list if they have an EBR for 8 months
Sales Associate may contact someone on the don't call list if they have an EBR for 18 months
Sales Associate may contact someone on the don't call list if they have an EBR for 12 months
Sales Associate may contact someone on the don't call list if they have an EBR for 24 months
Time Frame for an associate to deliver to the broker-
Associates have 3 business days, from receipt of deposit
Associates have a business week, from receipt of deposit
Associates have 1 business day, from receipt of deposit
Time Frame to notify FREC if an escrow dispute has reached an outcome before an EDO = issued
Requires a broker to notify the FREC within 10 business days
Requires a broker to notify the FREC within 7 business days
If the broker didn't request an EDO- the matter is not resolved
If the broker has requested an EDO- the matter is resolved before an EDO = given
Penalty for First Degree Misdemeanor =
$250 fine +/or 6 months imprisonment
$1,000 fine +/or 1 year imprisonment
$2,000 fine +/or 2 years imprisonment
$1,000 fine +/or 6 months imprisonment
Qualifications as an offence of "Sherman Antitrust Act"-
Price fixing occurs when competing brokers want NO commission rates
Price fixing occurs when competing brokers want commission rates
Responsibilities of general partner in Real Estate limited partnership-
Performs Real Estate services
Must have an active Real Estate Broker license
Doesn't perform Real Estate Services
Doesn't need to have an active Real Estate broker license
Business Entities may not be registered as a Real Estate Brokerage-
Real Estate Brokerage
Real Estate License
Business Trust
Doesn't dispute as a citation
Term: Judge will grant to stop enforcement of final order from the FREC-
If they wish to appeal final order + continue to work during the appeal period = stay at the court
If they wish to appeal final order + continue to work during appeal period = DON'T stay at the court
Penalty FREC = not able to enforce-
Authorised to impose criminal or civil penalties
Not authorised to impose criminal or civil penalties
Result of citation when NOT disputed by licensee-
Becomes effective like a final order
Becomes ineffective not related to a final order
Which cost will never be paid from the Real Estate Recovery Act-
Broker is NOT penalised due to following an EDO
The Broker is not paid
Broker is penalised due to following an EDO
Punitive damages + interest = never paid by recovery fund
Action taken when licensee claim paid from the Real Estate Recover Acts (not result from an EDO)-
Mandatory suspension of the licensee until the claim is repaid with interest
Voluntary suspension of the license until the claim is repaid
Suspension for 6 months
Suspension for 9 months
What is contained in the equal opportunity poster-
States pledge of adherence to the Fair Housing Act
Failure to display = evidence of discrimination
The poster does not have to be displayed
Doesn't state a pledge of adherence to the Fair Housing Act
Special exemptions under 'Fair Housing Act'-
Religious organizations CAN'T restrict units they own to people of their religion
Religious organizations may restrict units they own to people of their religion
What advertising is prohibited under the Fair Housing Act-
You have to be fair to everyone, excluding their religion
Prohibits discrimination in advertising against a religious affiliation
Doesn't prohibit discrimination in advertising against a religious affiliation
You have to be fair to everyone, including their religion
Required disclosure for subdivisions of 100 or more lots under ILSA-
Developers of 100 or more lots MUST register the subdivision with the consumer financial protection bureau
Developers of 100 or more lots MAY register the subdivision with the consumer
Requirements for a landlord holding a tenant's security deposit-
Landlord may hold money in an interest bearing Florida bank account
Landlord doesn't have to hold the money in an interest bearing Florida bank account
The day the tenant 5% simple interest or 75% of annual interest = collected
Rights associated with land abutting flowing water-
Riparaion Rights
Deed Rights
Warranty Deed Rights
Identify a fixture figure-
Piece of personal property that is converted to Real Property by attaching it to the Real Property
Piece of business property that is converted to Real Property by attaching it to the Real Property
Fixing the Real Property
Tenancy at Sufferance-
When a tenancy continues to occupy unit beyond the end of agreement without permission
When a tenancy continues to occupy unit beyond the end of agreement with permission
How title transferred upon the death of a tenant in common-
Allows for the parties to leave their interest in the property by will of the spouse or heirs
Allows for the parties to remove their interest in the property by will of the spouse or heirs
If joint tenant sells their interest in a property, what happens when new co-owner dies-
That owner becomes tenant in common
The owner becomes tenant alienation
MAY leave their share of ownership according to will
HAS to leave their share of ownership according to will
Documents required for condominium resale-
Most recent year end final statement = document given to resale condominium buyer
Most recent year end final statement = document not given to resale condominium buyer
Document entitles a cooperative owner to occupy unit-
Warranty Deed
Deed Lease
Proprietary Lease
2 Types of Voluntary Alienation-
Deed
Warranty
Will
Lease
Process of taking property by eminent domain-
Condemnation
Tenancy of Sufferance
Proprietary Lease
Components of a valid deed-
Grantor's Properly witnessed signature
Grantor's Signature- NO needed witnesses
Unique Clauses in general warranty deed-
Unilateral Contract
Contains covenant of warranty forever
Contains covenant of warranty temporarily
Disclosure
Define Restrictive Covenants + when to consult them-
No limits of any property
New owner will not find limitations of use of properties in a subdivision
New owner will find limitations of use of properties in a subdivision
Identify a voluntary lien-
Mortgage Lien = Vendor's Lien
Vendor's Lien = Voluntary Lien
Renter Lien = Vendor's Lien
Locate a section-
One square mile = 640 acres
One square mile = 620 acres
One square mile = 700 acres
One square mile = 420 acres
Identify a 10 acre parcel of land-
Description with only 3 1/4 will result in 10 acre parcel
Description won't result in 10 acre parcel
Description with only 2 1/4 will result in 10 acre parcel
Description with only 3 1/2 will result in 10 acre parcel
Calculate price per square foot of an acre-
41,570 sq. feet
43,560 sq. feet
Formula: $21,780/43,560
Formula:
$21,780/41,570
Identify the essential elements of a contract
Legality of the object
Fraud Proof
Illegality of the object
What makes a contract enforceable-
Not recognized in court of law
Recognized in court of law
Law in the Constitution
Which contracts are exempt from the Statue of Frauds-
A listing agreement of one year or more = NOT covered under Statue of Frauds
A listing agreement of 4 years or less = covered under Statue of Frauds
A listing agreement of one year or less = covered under Statue of Frauds
A listing agreement of one year or less = NOT covered under Statue of Frauds
Define a Unilateral Contract-
If only one party makes a promise = Unilateral Contract
If 2 parties make a promise = Unilateral Contract
Lead Paint Disclosure Requirement-
Properties built before 1972
Properties built before 1978
Requires disclosure + given to buyers + tenants + receive an EPA pamphlet
Doesn't require disclosure + given to developers + tenants + receive an EPA pamphlet
Purpose + Requirements of 'Energy Efficiency Disclosure'-
Did not create a uniform statewide rating system
Requires notification that an energy efficiency rating = available
Requires notification that two energy efficiency ratings = available
Rating may qualify the buyer for an energy efficiency mortgage
Statute Governing Homeowner Association Disclosures-
Governed by 720 Florida Statutes
Governed by 460 Florida Statutes
Governed by 810 Florida Statutes
Governed by 600 Florida Statutes
What's the process of hypothecation-
Switching you to a more expensive house
Pledging property as security for a debt
Pledging property accelerating mortgage
Advertising claims the property
What does the acceleration clause in the mortgage allow the lender/mortgagee do?
To reduce the due date of the balance of the loan if the borrower defaults
To advance the due date of the balance of the loan if the borrower defaults
Title Theory states-
Lender holds title to property until loan = paid
Lender can't hold the title to property until loan = paid
Person loaning holds title to property until loan = paid
Difference between FHA + VA loan programs-
FHA = Insured Loans
VA = Increasing Loan Due Date
FHA = Practices Lender Rules
VA = Guaranteed Loans
Purpose of Ginnie Mae-
Secondary Mortgage Participant guarantees government loans
Primary Mortgage Participant guarantees government loans
Allows the Home Owner to give government loans
Protected Classes under the ECOA-
Federal Law protects AGE discrimination
Federal Law protects RACIAL discrimination
Define: 'Bait + Switch Advertising'-
Advertised Claims that property advertised = sold out + try to switch you to another more expensive car/home
Advertised Claims that properly advertised = did NOT sell out + keep you @ same house, RAISING mortgage + car payment
How do unpaid property taxes show on closing disclosure?
Proration amount
Proreaction amount
Credit to buyer + Debit to seller
Credit to seller + Debit to buyer
RESPA Law regarding Title Insurance paid by buyers-
Prohibits seller to buy from a specific title company
Allows seller to require a homebuyer purchase title insurance policy
Law that requires borrower being provided closing disclosure-
TILA-RESPA requires lender to provide loan estimate
3 business days after loan application
5 business days after loan application
TOPA-RESPA requires lender to provide loan estimate
Percentage profit on resale of a property-
Amount paid ÷ amount made on sale = percent profit
Percent profit ÷ amount paid + amount sale
Amount made on sale ÷ amount paid = percent profit
Define a Buyer's Market-
When the supply of homes exceeds the demand, buyer's market develop
When the supply of home exceeds the demands, the seller's market develop
Define Plottage-
Plottage = extra value added due to combining smaller properties
Plottage = value deleted due to combining smaller properties
Identify functional obsolescence-
Depreciation associated with interior or inefficient design
Depreciation associated with exterior or efficient design
Identify External Obsolescence-
Depreciation associated with factors outside of + beyond control of home
Depreciation associated with factors inside of + beyond control of home
Preciation associated with factors outside of + beyond control of home
Preciation associated with factors inside of + beyond control of home
Define Effective Age-
Age able to start a loan for the mortgage
Age of the buyer affects the mortgage of the house
Age indicated by condition of the property
Age indicated by the age of the property
When the equilibrium of the Real Estate market = upset by an excess supply-
A seller's market exists
A buyer's market exists
A seller's market expands
A buyer's market expands
Similarities between business brokerage + real estate brokerage-
Both require 10 acre land owning
Both require Real Estate License
Both require 4 year college degree
Purpose of a due diligence period in the sale of business-
Seller inspects the financials of business
Buyer inspects the financials of business
Convert millage to a decimal formant-
8 mills = .008
(8.25 = .00825)
8 mills = .08
(8.25 = .00825)
8 mills = .08
(8.25 = .0825)
Purpose of a special assessment-
How a national government can help pay for public improvements like street paving
How a local government can help pay for public improvements like street paving
Calculate a special assessment for street paving-
Cost of paving + cost of homeowner share
Divide homeowner share + divide by 3 (only your half of street)
Divide homeowner share + divide by 2 (only your half of street)
Cost of taxes + cost of homeowner share
Calculate the adjusted basis of property-
Modified purchase price + opening costs + capital improvements = adjusted basic
Original purchase price + closing costs + capital improvements = adjusted basic
Original purchase price + closing costs + adjusted basic = capital improvements
When purchasing property from a foreign seller the IRS requires..
Purchasers to withhold 18% of the amount realised from the sale
Purchasers to withhold 20% of the amount realised from the sale
Purchasers to withhold 10% of the amount realised from the sale
Purchasers to withhold 15% of the amount realised from the sale
Useful asset life for a residential property under IRS law-
Total cost - land value = Depreciable Basic Residential = 25 years
Total cost - land value = Depreciable Basic Residential = 27.5 years
Total cost -Depreciable Basic Residential = land value 27.5 years
