California Real Estate Exam

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1
In reference to Property Taxes, "basis" or "cost" is
Purchase price of prop plus cost of improvements.
2
How is a condominium unit owned?
Separate interest
3
How are common interests in a condo owned?
Equally in undivided interest
4
Subdivided Land Laws refer to
Subdivisions of 5+ parcels on 160 acres, regulated marketing & financing, and requires disclosures in public report.
5
How long is a disclosure in public report for Subdivided Land Laws good for?
5 Years
6
When does a tax year run?
July 1-June 30
7
Legally combining smaller, adjacent parcels of land to form a larger parcel.
Plottage or assemblage
8
Separating large parcels into smaller lots
Subdividing or separating
9
Amount or size of land being increased by natural forces such as deposits by wind or water.
Accretion
10
Gradual uncovering of land previously covered by water such as when a stream changes course.
Reliction
11
The Statute of Limitations in the state of California allows how long to take action?
4 years
12
The process by which the court may seize real or personal property as security for a satisfaction of monetary judgement.
Attachment
13
When is a 20-day preliminary notice of a mechanics lien need to be issued?
20-days after the claimant (contractor) has first furnished labor, services, equipment, or materials.
14
What is the purpose of issuing a preliminary notice of a mechanics lien to a claimant?
To inform concerned parties that the property may be subject to liens arising out of contract.
15
What is the brokers relationship to the customer?
The broker is the agent to the customer (customer employs the broker).
16
What is the agents (salesperson) relationship to the broker?
The salesperson is the agent to the broker (the broker gives the salesperson authority to act on his/her behalf).
17
A Home Equity Line of Credit is
An Open Ended Mortgage
18
An Open Ended Mortgage is
A type of note that permits the borrower to obtain more money at a future date under the same deed of trust.
19
Zoning is an example of
Police power
20
Local jurisdictions have the authority to divide land into districts and impose land use regulations to promote health, safety, and welfare of the public--this is known as
Zoning
21
When can restrictions placed on a deed be removed?
Never
22
What is the only restriction placed on a deed that is considered illegal?
Race restrictions
23
Is an option contract bilateral or unilateral?
Unilateral
24
What does an option contract NOT do?
Create a legal interest in a property
25
If a buyer has defaulted on on an original land contract which had been recorded, this would result in a defective title, requiring legal action to clear the title. This is called
a Quiet Title Action.
26
A promise is also known as a
Covenant
27
A court action is mandatory to evict a delinquent tenant. This process is called
Unlawful Detainer
28
A verbal contract is considered
Valid
29
California Statute of Frauds require a real estate agreement to be
In writing
30
What kind of listing agreement offers a listing broker to receive a commission regardless of who is the "procuring" cause? Is also considered the greatest protection for the agent.
Exclusive right to sell
31
What does a deed NOT need to be considered valid?
A date
32
A valid deed must have 3 components
Be in writing, be signed by the grantor, and delivered to the grantee
33
For a deed to be recorded, it must
Be acknowledged (notarized)
34
A chattel
Is most accurately described as personal property
35
Which is NOT corporeal property? A fee simple estate, a leasehold, an easement, or a fixture?
An easement
36
What is a visible or tangible right in real estate such as the right of occupancy under a lease?
Corporeal
37
What time of estate does one hold when it along exists with you for the duration of your life or someone else's life?
Life Estate
38
When the recipient of a life estate dies, who is the person that it is willed to after their death?
A remainderman
39
Which of the following is not REAL property? A fee simple estate, a leasehold for indefinite duration, lumber, or a life estate.
Lumber
40
Real estate is defined as
Land and all permanent attachments
41
An item of personalty that is affixed to realty so as to be used as a part of it is
A fixture
42
An estate of uncertain duration is
A freehold estate
43
Which is NOT considered a permanent attachment to land? Anything growing on it, fixtures, chattels, and anything built upon the land.
Chattels
44
What is a chattel?
Personal property--including autos and household goods and fixtures.
45
A person who has some rights to use land, but not all possessory rights, is said to have
An interest in land
46
A person who has permission to use land, but has no other rights, has
License to use
47
A person who receives title to land by virtue of having used and occupied it for a certain period of time, without actually paying the previous owner for it, received title by
Adverse possession
48
Dying without a will is called
Intestate
49
Dying WITH a will is called
Testate
50
A person who owns an undivided interest in land with at least one other, and has the right of survivorship, is said to be a
Joint tenant
51
Tenancy in severalty refers to
Ownership by one person only
52
Community property includes
Property acquired during a marriage with the husband's earnings from his job.
53
The right to use the property of another for a SPECIFIC purpose is
An easement
54
The process whereby a person holding claim against property can have the property sold to pay the claim is
Foreclosure
55
A person who appears to own property, but does not, is said to have
Color of title
56
Title that cannot be impeached by its records
Good title
57
Two people who own undivided interests in the same realty, with right of survivorship have
Joint tenancy
58
A fee simple estate is
A freehold estate
59
Which of the following is considered a permanent attachment to land? Improvements to land, a fixture, trees growing on the land, or all of the above.
All of the above
60
A person who has some rights to land, but not all the possessory rights, has
An interest in land
61
A person who has color of title to land has
The appearance of title
62
A life estate pur autre vie is one in which
The duration of the life estate is based on the duration of the life of someone other than the life tenant.
63
Is a lease for one month considered real property?
No
64
Adverse possession may establish
A claim to title
65
Fifty feet of land was added to Apple's farm because a river changed its course. This is an example of
Accretion
66
Accretion
An increase in land resulting from the deposit of soil by the water.
67
Fifty feet of beachfront land was removed by a flood. This is an example of
Avulsion
68
Avulsion
A sudden and perceptible loss of land by the action of water as by a sudden change in the course of a river.
69
If someone dies without a will, who is appointed to settle the estate?
Administrator
70
As used in real estate practices, the land of a riparian owner borders on
A river, a stream, or a watercourse
71
Community property is property owned by
husband and wife
72
A person holding title to real property in severalty would most likely have
A sole ownership
73
A joint ownership of real property by two or more persons, each of whom has an undivided interest (not necessarily equal( without right of survivorship, is
A tenancy in common
74
Taking of private land by governmental bodies for public use is governed by due process of law and is accomplished through
Eminent domain
75
Governmental land use playing and zoning are important examples of
Police power
76
The covenant of quiet enjoyment most directly relates to
Possession of real property
77
An interest in real property may be acquired by prescription or by adverse possession. The interest resulting from prescription is
The right to use another's land
78
A contract whereby a group of neighboring landowners agree to do or not to do a certain thing as to mutually benefit all, is
Restrictive covenant
79
Claims against the owner of a property are
Liens
80
A legal process whereby a person holding a legal claim against a property may have the court order the property to be sold so as to provide funds to pay the claim
Foreclosure
81
Land records, including deeds, liens, restrictions, some leases, and contracts of sale may be viewed by whom?
Anyone, they are public records
82
How much must the government pay a private party for their property when using eminent domain?
Fair market value
83
If a landowner is reluctant or refuses to negotiate with the government in eminent domain, the government will
Condemn the effected land
84
A legal process whereby the owner is dispossessed of the property and must leave
Condemnation
85
A process whereby land for which no legal owner exists reverts to government which then can dispose of it or use it as it sees fit.
Escheat
86
Escheat most commonly occurs when
Someone dies intestate and no legal heirs can be found.
87
What kind of agent is a real estate broker?
Special agent
88
What is required of an agent with respect to his principal?
To be loyal, act in person, and act in the principal's best interests.
89
A listing contract that says the broker will receive a commission no matter who sells the property is called
An exclusive-right-to-sell listing
90
Does making an offer terminate an agency agreement?
No
91
What are three things that will terminate an agency agreement?
Death of the broker or principle (not salesperson), resignation of the agent, and destruction of the subject matter.
92
To prove a right to a commission broker must show
That they were licensed throughout the transaction, that they had a contract of employment, and that they were the "efficient and procuring cause" of the sale.
93
A listing in which the broker's commission is the amount by which the sale price exceeds the agreed-upon net price the seller desires
Net listing
94
Are net listings legal?
They are legal, but frowned upon.
95
Among other things, the principal is obligated to
compensate the agent for their services.
96
A real estate agent may represent the buyer if the buyer-broker agency is disclosed to
All parties
97
A special agent is one
Whose powers are limited to certain specific functions.
98
Among other things, an agent is obligated to
Keep an accurate account of all money he receives on behalf of the principal.
99
Selling agent representing only the buyer
Is illegal in the state of California.
100
When must the agency disclosure form be executed?
Upon first contact with a potential seller or buyer.
101
The rate of commission on a real estate sale in California is
Negotiable between the broker and seller.
102
As a general rule, escrow money received by the broker pending a closing
Is deposited immediately in the broker's trust account.
103
An unlicensed employee of a broker who prepares an advertisement to sell a house
Must have the broker's written approval.
104
Copies of all listings, deposit receipts, canceled checks, and trust records must be retained by a licensed real estate broker for
3 Years
105
If the broker, while acting as agent in a sale of real property on which he holds an option should notify the purchaser that he is acting as
A principal
106
The maximum commission a broker may charge a seller for the sale of residential income property is
Negotiable
107
The position of trust assumed by the broker as an agent for a principal is descried most accurately as
A fiduciary relationship
108
The Agency Relationship Disclosure Law became effective in
1988
109
A licensee's license must be
Available for examination in the broker's office.
110
A person must be licensed if she is to sell
Property belonging to clients who pay her a commission.
111
A broker must place funds belonging to others in
A trust, or escrow, account, or with an escrow agent.
112
True or False. License laws forbid soliciting for listings before one is licensed
True
113
True or False. A licensee's license can be revoked for intentionally misleading someone into signing a contract that she ordinarily would not sign.
True
114
Real estate licenses, once received are good for how long?
Four years unless renewed
115
A broker's unlicensed secretary may
Refer interested clients to the broker or her employed licensees.
116
May a broker may use escrow moneys held on behalf of others for collateral for business loans, for collateral for person loans, and to make salary advances to licensees in his employ?
No
117
In order to do business, a licensee must
Make proper application for a license, pass a licensing examination, and have a license issued by the appropriate state agency.
118
True or false. A licensee can lose his license for paying a commission to a non licensed person.
True
119
True or False. A licensee can lose her license for selling property quickly, at low prices and buying property for her own use from her principal.
False
120
Is a resident manager of an apartment project required to have a real estate license?
No
121
True or false. A licensed salesperson must be under the supervision of a broker, can collect commission payments only from his broker, and must have his license help by his employing broker.
True
122
Does a person need a real estate license to sell property belonging to a trust for which he is trustee?
No
123
True or false. A person who is employed to lease property, but not sell it must be licensed, may be paid a salary or commission, is an agent.
True
124
How often are California license renewal fees are paid?
Every 4 years
125
True or false. In California buyer-broker agency must be disclosed, disclosure of the broker-seller agency must be made to buyers.
True
126
True or false.Licensees must pay fees for Transferring employ to another broker, fingerprinting, and reactivating an inactive license.
True
127
The California real estate licensing laws are part of the
Business and Professions Code
128
Payment from the Recovery Account for any single transaction is limited to a total of
\$20,000
129
A California Real Estate license is good for negotiating
Anywhere in the state of California, the sale of any kind of real property, and the sale of property outside of California, if negotiation occurs inside California.
130
A licensed salesperson may act independently (that is, not in the employ of a broker)
To sell her own house, provided all parties know she hols a license.
131
Including the real estate commission, how may members of the advisory commission are there?
11
132
How many days do you and your new broker have to modify DRE when you change employing brokers?
5 days
133
Ttoal Recovery Account payments for one licensee (multiple transactions) is limited to
\$100,000
134
For how long after a transaction is concluded must a broker keep his other records for a transaction?
3 years
135
A real estate salesperson's commission is
Paid by the broker
136
A qualified license applicant's name appears on a delinquent child support list. The applicant
May receive a temporary 150-day license.
137
Why must a broker maintain a trust fund account in addition to a regular business account?
The possible consequences should a legal action be taken against the broker.
138
A California real estate license is good only in
The state of California
139
When a salesperson transfers license, the new broker must advise the DRE within
5 days
140
If the California Real Estate Commissioner needs legal advice, he would go to the
California Association of REALTORS
141
After one becomes a broker, the most appropriate term for that person is
Broker
142
After one's real estate license expires, there is a grace period of _____ to renew, upon paying fees, without a reexamination requirement.
2 years
143
A broker must keep records for ___ years.
3 years
144
An unlicensed person who practices real estate may be
Fined up to \$10,000 and subject to other possible legal action.
145
A contact in which an owner of real estate employs a broker for the purpose of finding a buyer for the real estate is a
Listing
146
A contract in which property is transferred from one person to another is a
Deed
147
The two parties to a lease contract are the
Lessor and lessee
148
The requirement that all parties to the contract have an understanding of the conditions and stipulations of the agreement is
Reality of consent, offer and acceptance, and meeting of the minds.
149
Consideration that has value only to the person receiving it is
Good consideration
150
A person who is too young to be help to a contractual arrangement is called
Incompetent
151
One who is otherwise incompetent to make a contact may be bound to contracts for
Necessaries
152
Would this contractual agreement be lawful or unenforceable. A agrees with B that B shall steal money from C.
Unenforceable
153
The law requires that most real estate contracts be written to be enforceable is the
Statutes of Frauds
154
A contract in which A agrees to allow B to use A's real estate in return for periodic payments of money by B is a
Lease
155
When a person deliberately lies in order to mislead a fellow party to a contract, this action is
Fraud
156
Holding a gun to someone's head to force him to sign a contact is
Duress
157
When a party to a contract makes performance under it impossible, the result is
Breach of contract
158
A contract in which A agrees to purchase B's real estate at a later date is
A contract of sale
159
Contracts made by a minor are
Voidable only by the minor
160
Incompetent parties include:
Minors, Insane persons, and people w/court-appointed guardians.
161
The parties to a deed are the
Grantor and grantee
162
If A and B have a contractual arrangement and B violates the contract, A may
Sue in court for damages and/or specific performance.
163
A agrees to sell his brand new limousine to B in return for one dollar. Later A wishes to back out of the deal.
He may not do so.
164
A agrees to trade her car to B in exchange for a vacant lot that B owns.
This is a valid contractual arrangement.
165
Two offers are received by the broker at the same time. The broker must
Present both offers
166
In a legal purchase contract, the seller is often referred to as the
Vendor
167
A contract based on an illegal consideration is
Void
168
How many miles are in a township?
6 square miles = 36 miles
169
The Base Line runs from
West - East
170
The Principal Meridian Line runs from
North - South
171
The vertical (north-south) rows of townships are called
Ranges
172
The horizontal (east-west) rows of townships are
Tiers
173
All townships are divided into how many sections?
36
174
How many miles a are in a section?
1 mile
175
How many acres are in a square mile?
640 acres
176
How many acres are in a 1/4 square mile?
160
177
How many square feet are in an acre?
43,560
178
Whenever all principles agree to the terms of a real estate contract, there has been a
Meeting of the minds
179
The law that requires contracts for the sale of real estate to be in writing to be enforceable is the
Statues of Frauds
180
A person who has the power to sign the name of his principal to a purchase contract is a(n)
Attorney-in-fact
181
A valid contract of purchase of sale of real property must be signed by the
Buyer and seller
182
"Hand money" paid upon the signing of a purchase contract is called
A deposit
183
True or False--the following are essential elements of a valid contract. Offer and acceptance, capacity of participants, and lawful purpose.
True
184
A seller of real estate is also known as the
Vendor
185
In any real estate purchase contract there must be
An offer and acceptance.
186
If, upon receipt of an offer to purchase under certain terms, the seller makes a counteroffer, the prospective purchaser is now
Relieved of his original offer.
187
A contract that has no force or effect is said to be
Void
188
A purchase contract, to be enforceable, must have
Competent parties
189
True or false. Once a purchase contract is signed, there is no way to avoid going through with the deal.
False
190
When a real estate purchase contract is agreed to, the buyer receives
Equitable title
191
A real estate purchase contract should include:
A proper description, the names of the buyer(s) and seller(s), and the signature of all parties involved, among other things.
192
Joe offers to buy Susie's house for \$225,000. Suzie examines Joe's offer and then offers to sell her house to Joe for \$250,000. What is now true?
An offer from Susie to Joe now exists.
193
The instrument used to test for radon gas is a
Spectrometer
194
The principal health problem with lead-based paint is
Ingestion of paint chips by children
195
A Bill of Sale is used to transfer
Personal property
196
If title and possession do not occur simultaneously, there should be an interim
Lease (interim occupancy agreement).
197
_____means something is left to be done to a contract.
Executory
198
The date that a mechanic's lien takes is the date
The project began
199
A notary public
Provides acknowledgment
200
In real estate parlance, alienation means
Transferring title
201
The booklet A Homeowner's Guide to Earthquake Safety must be given to buyers of
Wood-frame buildings built before 1960 and masonry building with wood-frame floors or roofs built before 1975.
202
Lead-based paint disclosure is required for residential properties having 1-4 units that were built before
1978
203
An "as is" sale of 1-4 dwelling units require
a Real Property Disclosure Statement
204
An injured party has_____year(s) to file legal action on the Real Property Transfer Disclosure Statement.
2 years
205
The Easton vs. Strassburger case makes it cleawr that when a seller and agent are in a transaction, material facts about the property must be disclosed to a potential buyer by
The seller and the agent
206
If the agent or seller personally delivers the Real Property Transfer Disclosure Statement to the buyer after the offer is accepted, the buyer has_____day(s) to rescind the contract.
3 days
207
Under the Mello-Roos Community Facilities Act of 1982, disclosure if tax liens should be given to the
Buyer
208
Under the Mello-Roos Community Facilities Act of 1982 may be used to finance part of
Subdivisions
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