Custom Quiz Definitions Flashcards

1
Q
The maximum amount of commission and loan costs that may be charged for a second trust deed of $4,000 for a four-year term is
A)$725.
B) $850.
C) $990.
D) $550.
A

C) $990.
Under Article 7, the maximum commission and fee is:
$4,000 2nd T.D.
× 0.15 (15% of the principal of a loan of three years or more)
600 Maximum commission
+ 390 (5% or $390—whichever is greater)
$ 990 Maximum commission and fees

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2
Q
When is there a late charge permitted on a mortgage payment on a home?
A) When 15 days late
B) Right after the due date
C) After 10 days beyond the due date
D) On the 10th day
A

C) After 10 days beyond the due date

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3
Q
Alienation expresses a meaning most nearly opposite to
A) acceleration.
B) amortization.
C) ad valorem.
D) acquisition.
A

D) acquisition.

Acquisition is the act of acquiring; alienation is the act of transferring or conveying title.

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4
Q

Amenities of residential real estate are
A) not considered by appraisers because they are intangible qualities.
B) the property’s physical attributes.
C) measurable on the market.
D) related to its capacity to provide shelter effectively.

A

C) measurable on the market.

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5
Q
Which criterion would NOT be used to determine net income for an income property?
A) Maintenance costs
B) Mortgage interest
C) Management fees
D) Vacancies
A

B) Mortgage interest

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6
Q
Which word is most closely associated with the term rider?
A) Accretion
B) Amendment
C) Person
D) Lien
A

B) Amendment

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7
Q

A broker negotiated a loan for a client. The beneficiary did not specifically instruct the broker to record. The broker is obligated to record
A) before funds are disbursed.
B) immediately after funds are disbursed.
C) within 10 days of the date funds are disbursed.
D) at same time funds are disbursed.

A

A) before funds are disbursed.

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8
Q

An executed contract is a contract
A) to be rewritten.
B) under the jurisdiction of the probate court.
C) completed and fully performed by both parties.
D) signed, notarized, and recorded.

A

C) completed and fully performed by both parties.

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9
Q
An apartment house under construction has many prospective renters. The city now wants to widen the street. This change results in a 10% loss of renters. This loss would be an example of
A) economic obsolescence.
B) physical deterioration.
C) functional obsolescence.
D) physical obsolescence.
A

A) economic obsolescence.

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10
Q

The best definition of capitalization is
A) the result of dividing net income by a percentage rate of return to determine value.
B) the minimum rate of return on an investment.
C) the highest rate of return on an investment.
D) the relationship between value and net worth.

A

A) the result of dividing net income by a percentage rate of return to determine value.
The process of capitalization is “dividing net income by a percentage rate of return to determine value.” The capitalization rate is the relationship between value and net income, not net worth.

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11
Q

In comparing real estate investments to other types of investments, the turnover is
A) faster than other commodities.
B) faster than stocks.
C) slower than other investments.
D) slightly slower than an average of other investments.

A

C) slower than other investments.

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12
Q

Broker Wilson sells a house, and a loan for the buyer is secured through a savings and loan association. Wilson carefully explains all loan costs to the buyer. According to the Real Estate Settlement Procedures Act (RESPA), which statement is TRUE?
A) Broker Wilson would not have to provide an estimate of settlement costs to the buyer because he had explained all costs.
B) The lender must provide the buyer with an estimate of settlement costs within three days.
C) The lender must provide an estimate of settlement costs to the buyer immediately.
D) Broker Wilson must provide the buyer with an estimate of settlement costs within one week.

A

B) The lender must provide the buyer with an estimate of settlement costs within three days.

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13
Q

All of these people can sue for specific performance EXCEPT
A) a broker acting as the agent for the principal.
B) an attorney-in-fact acting for the principal.
C) the purchaser of a residential property.
D) the seller of a large tract of land.

A

A) a broker acting as the agent for the principal.

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14
Q

What would make a deed void?
A) Made to a fictitious grantee
B) Signature of grantor is spelled differently from the typed spelling on the deed
C) Grantee is not named but is sufficiently described
D) Grantor is set forth and has signed under a name not his own

A

A) Made to a fictitious grantee

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15
Q
Recording a deed
A) raises presumption of delivery.
B) gives actual notice.
C) transfers title.
D) insures possession.
A

A) raises presumption of delivery.

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16
Q
The state fiscal year falls between the dates
A) July 1 to June 30, midnight.
B) June 30 to July 1.
C) January 1 to December 31.
D) December 31 to January 1, midnight.
A

A) July 1 to June 30, midnight.

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17
Q

An executory contract is a
A) contract that is yet to be performed by one or both parties.
B) contract that has been fully performed.
C) written contract that cannot be altered by oral agreement.
D) contract with an executor of an estate.

A

A) contract that is yet to be performed by one or both parties.
An executory contract is one that is to be performed, as distinct from an executed contract, which has been fully performed.

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18
Q

A real estate agent’s license will be suspended when the real estate fund pays a judgment creditor of the agent and will not be reinstated until the agent
A) pays back the recovery account with interest.
B) pays the judgment creditor all funds that were not paid from the recovery account, plus interest.
C) reimburses the recovery account for one-half of all funds paid to the judgment creditor, plus interest.
D) pays the judgment creditor and the recovery account plus interest.

A

A) pays back the recovery account with interest.

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19
Q
The most important factor to a lender who is contemplating a loan to a developer of a shopping center would be the
A) anchor tenant.
B) number of tenants.
C) long-term leases.
D) credit of the purchaser.
A

A) anchor tenant.

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20
Q
In an advertisement, only the annual percentage rate is mentioned. What else must also be disclosed in the ad?
A) Amount of loan
B) Amount of down payment required
C) Monthly payments required
D) No further disclosures necessary
A

D) No further disclosures necessary

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21
Q

In the matter of a broker’s commission to be paid by a seller, which statement is TRUE?
A) A listing agreement signed only by the seller is unenforceable.
B) Action for the broker’s commission must be brought within four years of earning the commission.
C) The seller and buyer may rescind sale, thus relieving the seller of the obligation to pay the broker’s commission.
D) The broker’s commission earned but not paid creates a lien on the seller’s property.

A

B) Action for the broker’s commission must be brought within four years of earning the commission.

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22
Q

Under the Real Estate Settlement Procedures Act (RESPA) lenders are required to give borrowers
A) an invoice not exceeding $10 for the special information booklet.
B) a good-faith estimate.
C) a bill of sale.
D) the amount of mortgage interest.

A

B) a good-faith estimate.
RESPA requires the lender to furnish the borrower the following two items by delivering them in person or placing them in the mail not later than three business days after the application of the borrower is received: (1) a Special Information Booklet prepared or approved by HUD that explains settlement costs; and (2) a good-faith estimate of the settlement costs.

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23
Q

A broker who is not authorized to accept deposits in his listing agreement must inform the offeror that
A) no deposits will be accepted.
B) it is implied by law that if authorized by the seller, deposits can be accepted.
C) the risk of loss lies solely with the buyer. The seller will not be liable in event of loss of the deposit.
D) an agent must accept all deposits.

A

C) the risk of loss lies solely with the buyer. The seller will not be liable in event of loss of the deposit.
An agent who accepts a deposit from a buyer, even though not authorized by the seller to do so, acts as an agent of the buyer as to the handling of that deposit. Since the seller would not be liable in the event of loss of the deposit, the buyer should be so informed.

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24
Q

Williams owned 40 acres of land in 1955, which she subdivided into 65 lots and placed a restriction in each deed that said these lots may “not be sold to non-Caucasians.” This restriction is
A) none of these.
B) unenforceable through court action because it is a violation of the U.S. Constitution.
C) valid until Williams died.
D) prohibited by local, state, and federal statutes and regulations of all real estate commissions.

A

B) unenforceable through court action because it is a violation of the U.S. Constitution.
Restrictions prohibiting the use of property on the basis of race, color, sex, religion, ancestry, or national origin are unenforceable because enforcement undertaken by the state would violate the 14th Amendment of the U.S. Constitution. Even if there is some area where they are not specifically prohibited, they are still unenforceable.

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25
Q
A lease for a period of years that is held by the lessor is an example of
A) none of these.
B) freehold estate.
C) real property.
D) personal property.
A

D) personal property.
While in fact the lessor (landlord) has a freehold estate on the property, she has given a tenant the right to possess the property for a period of time using an instrument called a lease. This lease is a piece of paper and it is the personal property of the landlord (lessor).

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26
Q
An agreement with a lender that prohibits early payoff of a loan is known as a(n)
A) exculpatory clause.
B) lock-in clause.
C) open-end mortgage.
D) prepayment penalty.
A

B) lock-in clause.

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27
Q

Considering the nature of real estate investments in that they are made over a long period of time, require a considerable amount of money, are harder to care for, and generally have a slower turnover, the return on these investments should be
A) the same as bonds.
B) more than bonds and first trust deeds.
C) higher than bonds but lower than first trust deeds.
D) the same as first trust deeds.

A

B) more than bonds and first trust deeds.

28
Q
An agency contract can be created by all of these EXCEPT
A) a voluntary offer by the agent.
B) an oral contract.
C) appointment by the principal.
D) an implied contract in law.
A

A) a voluntary offer by the agent.

29
Q
A clause in a second trust deed that permits the first trust deed to be refinanced without affecting its priority would be known as
A) none of these.
B) an acceleration clause.
C) a submortgage.
D) an alienation clause.
A

C) a submortgage.

A subordination clause is a clause that allows for such a change in lien priority.

30
Q

What is the minimum amount of time that a broker must keep signed copies of listings, deposit receipts, et cetera?

A

3 years

31
Q
A quitclaim deed releases present claim, rights, and title of the
A) servient tenement.
B) property.
C) grantee.
D) grantor.
A

D) grantor.

32
Q
Rescind most nearly means
A) reject.
B) terminate.
C) rewrite.
D) annul.
A

D) annul.

33
Q
Which loan costs are NOT required to be disclosed as a finance charge to the customer under federal truth-in-lending rules?
A) Finder's fees
B) Time-price differential
C) Credit investigation
D) Buyer's points
A

C) Credit investigation
Under the Truth-in-Lending Act, Buyer’s points, time-price differential, and finder’s fees must be disclosed in the finance charge. Exempted charges on residential mortgage transactions include title insurance, document costs, recording and notary fees, credit investigations, and appraisal fees.

34
Q
Liquidation of a financial obligation on an installment basis is
A) conversion.
B) conventional.
C) acceleration.
D) amortization.
A
D) amortization.
Amortization is (1) the liquidation of a financial obligation on an installment basis or (2) recovery of cost or value over a period of time.
35
Q

Which definition best describes an “open-end mortgage”?
A) One in which additional financing could be obtained without rewriting the contract
B) One in which personal property is held for added collateral
C) One under which several parcels of land are included under one mortgage
D) One in which the mortgage represents a partial payment for the parcel of the land

A

A) One in which additional financing could be obtained without rewriting the contract
An open-end mortgage is one containing a clause that permits the mortgagor to borrow additional money after the loan has been reduced without rewriting the mortgage.

36
Q

The Jacksons bought a residence with a first trust deed loan from a savings and loan. The Londons bought a residence with a first trust deed loan from a bank. The Londons refinanced, obtaining a first trust deed loan from a savings and loan, to get money for a business opportunity. Which statement is correct?
A) The Jacksons do not have the right of rescission, the Londons do.
B) Both have the right of rescission.
C) The Londons do not have the right of rescission, the Jacksons do.
D) Neither has the right of rescission.

A

D) Neither has the right of rescission.
The Truth in Lending Act applies only to refinance loans and for personal, family, or household purposes, never for business loans regardless of what collateral is put up. Therefore, the Londons have no right of rescission.

37
Q

The gross rent multiplier is developed by dividing the
A) sales price by the gross monthly income.
B) gross monthly income by the market value.
C) gross monthly income by the sales price.
D) gross monthly income by the assessed value.

A

A) sales price by the gross monthly income.

38
Q

Two houses were built on two adjacent lots of equal value. Construction costs and maintenance were the same. One house is appraised to be of higher value. What is most likely the reason?
A) One house had more wear and tear.
B) One house had more economic obsolescence.
C) Both houses were across the street from a nonconforming house that resulted in economic obsolescence.
D) One house was considered to have functional obsolescence.

A

D) One house was considered to have functional obsolescence.
One house must have functional obsolescence. Since the properties are in the same location, the same age, and have been maintained the same, the difference in value cannot be attributed to economic obsolescence or wear and tear. As an example, one house may have only a single-car garage or only one bathroom or a less attractive floor plan.

39
Q
Who would provide a quitclaim deed to quiet a title?
A) None of these
B) Grantee
C) Grantor
D) Trustor
A

C) Grantor

40
Q
Which entity has the responsibility for determining property values for real property tax purposes?
A) Tax commissioner
B) Board of Equalization
C) Board of Supervisors
D) Assessor's office
A

D) Assessor’s office

41
Q
In accordance with the Real Estate Settlement Procedures Act, the lender must supply the borrower with a Uniform Settlement Statement
A) 10 days after loan commitment.
B) at or before closing.
C) 3 days prior to settlement.
D) 1 day prior to settlement.
A

B) at or before closing.

42
Q

The lien of a recorded deed of trust is removed from the records
A) when final payment has been made by the trustor.
B) when a reconveyance deed is recorded.
C) by recordation of a grant deed.
D) by posting of a surety bond.

A

B) when a reconveyance deed is recorded.

43
Q
Unless otherwise specifically stated, a grant deed presumes to convey
A) in fee simple.
B) an estate for years.
C) a fee simple defeasible estate.
D) a life estate.
A

A) in fee simple.
While a fee simple defeasible and a life estate can be transferred by a grant deed, they must be specified. An estate for years is transferred by a lease. A fee simple (absolute) is one that is not qualified, and is presumed if nothing else is specified.

44
Q

a fee simple defeasible and a life estate can be transferred by a

A

grant deed

45
Q

An estate for years is transferred by a

A

lease

46
Q
Alex led Carly to believe that he had the authority to act for Brian. Brian went along with Alex. The agency created was by
A) ostensible.
B) expressed contract.
C) estoppel.
D) ratification.
A

D) ratification.
Ratification is the approval of an act performed on behalf of a person without previous authorization. When Brian went along with Alex, he ratified Alex’s authority to act on Brian’s behalf.

47
Q

All of these statements about depreciation are true EXCEPT
A) it is a loss of value from any cause.
B) it always is concerned with intrinsic factors but never with extraneous factors.
C) it includes all influences that reduce the value of property below replacement cost.
D) it can be a loss of value due to wear and tear.

A

B) it always is concerned with intrinsic factors but never with extraneous factors.

48
Q
All of these are necessary for the creation of an agency agreement EXCEPT
A) fiduciary relationship.
B) mutual agreement of the parties.
C) competency of the seller.
D) consideration.
A

D) consideration.

49
Q

What is the best definition of economic rent?
A) The amount the property would rent for if it was available in today’s market
B) The amounts the owner actually receives in rents
C) The amount left after the lessor pays expenses
D) Payment for use of property designated in a lease

A

A) The amount the property would rent for if it was available in today’s market

50
Q
Recording a deed would give
A) right of possession.
B) actual notice.
C) constructive notice.
D) effective notice.
A

C) constructive notice.
The law construes that everyone is given constructive notice when a document affecting title to real property is recorded where it can be seen by anyone. Recording gives constructive “notice to the world.” Actual notice is expressed information of fact experienced by the person to whom given.

51
Q
A broker who is selling property on which he holds an option must inform the buyer that he is a(n)
A) grantor.
B) agent.
C) optionor.
D) principal.
A

D) principal.
A broker who holds an option to purchase real property is a principal. He is not representing a seller but is dealing on his own behalf, a fact that must be disclosed to a purchaser.

52
Q
The remedy of unlawful detainer is most commonly used by offended
A) trustors.
B) grantors.
C) holders of notes in default.
D) lessors.
A

D) lessors.
When preceded by a three-day notice to quit or pay rent, the unlawful detainer is the proper procedure designed by law by which the lessor can have the tenant evicted.

53
Q
There are several reasons why a contract can be voidable. However, a voidable contract is binding on the parties until it is
A) discovered.
B) qualified.
C) invalidated.
D) rescinded.
A

D) rescinded.

54
Q

To alienate title to real property, an individual
A) secures an ALTA policy of title insurance.
B) clouds a title.
C) records a homestead.
D) conveys title.

A

D) conveys title.

55
Q
The capitalization rate in the valuation of income property would least likely provide for
A) depreciation.
B) taxes.
C) return on investment.
D) return of investment.
A

B) taxes.
Taxes are more directly related to net income than to the capitalization rate. (Property tax is a legitimate expense to be deducted from the gross income when appraising.) Furthermore, overall capitalization rates provide for a return on (profit) and a return of (or depreciation of) the investment.

56
Q
A landlord and tenant mutually agree to terminate a lease. This is often referred to as
A) rescission.
B) surrender.
C) release.
D) abandonment.
A

B) surrender.
Surrender is a mutual agreement between the landlord and tenant to terminate a lease. Rescission is a mutual agreement to release each other from any contract before performance, under which the parties must restore each other to their former positions.

57
Q
What would create an interest in property with possessory rights but no form of title?
A) Easement
B) Mortgage
C) Sublease
D) Land contract
A

C) Sublease
A sublease is a transfer of less than the leasehold with the reversion in the sublessor and would create no form of title in the sublessee. A land contract transfers (1) possession, (2) equitable title, and (3) the right to acquire the fee title after all the conditions of the contract have been met. A mortgage does not convey any possessory interest; it is a security device.

58
Q
Which is NOT a specific lien?
A) Judgment lien
B) Blanket mortgage
C) Mechanic's lien
D) Unrecorded property tax lien delinquent from prior years
A

A) Judgment lien

59
Q
A balloon payment would be a characteristic of a(n)
A) amortized loan.
B) self-liquidating loan.
C) standing loan.
D) partially amortized loan.
A

D) partially amortized loan.
A partially amortized loan is not fully paid off in installments. On the due date, the balance is paid off in a lump sum called a balloon payment because it substantially exceeds any individual installment. The term “amortized” loan generally means “fully amortized.” This is a loan fully paid off by installments over its term.

60
Q
A buyer purchased a property using a recorded conditional sales contract and later defaulted on the payments. If a quitclaim deed was used to clear the cloud on title, it would be executed by
A) none of these.
B) both buyer and seller.
C) the buyer.
D) the seller.
A

C) the buyer.

61
Q

The main purpose of a deed is to

A

provide evidence of a change of title or transfer of an interest in real property.

62
Q

Under the Truth-in-Lending Act, a “Notice of Cancellation” could be given when the loan was
A) more than $25,000 and was not secured.
B) secured by the owner’s residence.
C) used for business expansion.
D) secured by a commercial building.

A

B) secured by the owner’s residence.
The federal Truth-in-Lending Act requires a “Notice of Right to Rescind” only when security for the loan is the borrower’s existing principal residence.

63
Q
The gross multiplier is LEAST likely to be used in the appraisal of
A) commercial property.
B) a residence.
C) vacant land.
D) apartment buildings.
A

C) vacant land.
The gross multiplier method involves applying a market-established multiplier to the gross income. Vacant land does not usually produce income.

64
Q
A broker lists and negotiates the sale of a home for Mr. B, a young married man. At the time of the sale the broker was not concerned with the age of his client. After the deed had been signed and escrow closed, the title company informs the broker that the seller is under 18 years of age. The deed is
A) outlawed.
B) illegal.
C) voidable.
D) valid.
A

D) valid.

65
Q
If you, as a broker, are the buyer's agent, you will want others to know
A) as soon as possible.
B) after you get your commission.
C) after the offer is accepted.
D) before the close of escrow.
A

A) as soon as possible.