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