Property Management SAE Flashcards
(128 cards)
Who can legally use the REALTOR® designation?
A) Any licensed Texas broker
B) Only members of the National Association of REALTORS®
C) Any state-licensed agent
D) Any TREC license holder
✅ Correct Answer: B) Only members of the National Association of REALTORS®
Explanation: Only NAR members can use “REALTOR®.”
A, C, D: A license alone does not grant the REALTOR® title.
. Under TRELA, how long must Texas brokers keep transaction records?
A) 2 years
B) 3 years
C) 4 years
D) 5 years
Correct Answer: C) 4 years
Explanation: TRELA requires records to be kept for 4 years.
A, B: Too short for compliance.
D: 5 years applies to some insurance documents, not trec
What is the primary purpose of the Texas Real Estate License Act (TRELA)?
A) To train new agents
B) To protect the public from dishonest real estate practitioners
C) To regulate property tax rates
D) To manage apartment leases
Correct Answer: B) To protect the public from dishonest real estate practitioners
Explanation: TRELA’s main purpose is consumer protection.
A: Training is secondary.
C, D: TRELA doesn’t regulate taxes
What is one key question under the Deceptive Trade Practices Act (DTPA)?
A) Did the buyer overpay for the property?
B) Did the defendant know or should they have known about the misrepresentation?
C) Was the buyer represented by a broker?
D) Did the tenant sign a waiver?
Correct Answer: B) Did the defendant know or should they have known about the misrepresentation?
Explanation: DTPA looks at whether the misrepresentation was intentional or should have been known.
A, C: Not DTPA criteria.
D: Waivers aren’t valid defenses
Which of the following is NOT a valid defense under DTPA?
A) Using a licensed inspector
B) Relying solely on an “as-is” clause
C) Providing a written seller’s disclosure
D) Using government-provided information
Correct Answer: B) Relying solely on an “as-is” clause
Explanation: Waivers and “as-is” clauses do not protect under DTPA.
A, C, D: These show due diligence and are valid defenses.
What damages can consumers receive under the DTPA for intentional deception?
A) Refund only
B) Actual and punitive damages
C) Deposit refund only
D) Reduced property taxes
✅ Correct Answer: B) Actual and punitive damages
Explanation: DTPA allows punitive damages when deception is intentional.
A, C, D: Too limited or unrelated.
Which form must Texas brokerages provide to explain agency relationships?
A) TREC Complaint Form
B) Information About Brokerage Services (IABS) form
C) Seller’s Disclosure Form
D) Fair Housing Declaration
Under Canon 2, Integrity, what is strictly prohibited for Texas license holders?
A) Misrepresentation
B) Setting rents
C) Using “as-is” clauses
D) Signing leases on behalf of owners
Correct Answer: A) Misrepresentation
Explanation:
Correct: Integrity requires honesty and prohibits misrepresentation.
B, D: These may be allowed if authorized under PMA.
C: Not specifically part of Canon 2.
According to TRELA, who enforces disciplinary actions against license holders?
A) The National Association of REALTORS®
B) The Texas Real Estate Commission (TREC)
C) The Texas Legislature
D) Local REALTOR® Boards
Correct Answer: B) The Texas Real Estate Commission (TREC)
Explanation:
Correct: TREC licenses, disciplines, and enforces TRELA.
A, C, D: NAR and local boards cannot enforce TRELA.
What type of damages may be awarded under DTPA if the misrepresentation was committed “knowingly”?
A) Refund of application fees only
B) Punitive and actual damages
C) Only actual damages
D) Mediation fees
Correct Answer: B) Punitive and actual damages
Explanation:
Correct: DTPA awards both if actions were intentional or knowing.
C: Only applies to non-knowing violations.
What is a broker required to do with trust account records under TREC rules?
A) Keep them for 2 years
B) Keep them for 4 years
C) Submit them monthly to TREC
D) Keep them for 5 years
Correct Answer: B) Keep them for 4 years
Explanation:
Correct: TREC Rule 535.146(c)(6) requires 4 years.
A, D: Wrong timeframes.
C: They don’t need to be submitted monthly unless requested.
Under Canon 1, what is the key principle of Fidelity?
A) Acting with skill and knowledge
B) Placing the client’s interests above all others
C) Prohibiting discrimination
D) Providing financial reports to TREC
Correct Answer: B) Placing the client’s interests above all others
Explanation:
Correct: Fidelity = client’s best interests first.
A: Competency, not Fidelity.
C: Discrimination prohibition = Canon 5.
D: Not a Canon requirement.
What is the primary purpose of the Equal Credit Opportunity Act (ECOA)?
A) To ensure accurate consumer credit reports
B) To prevent discrimination in lending decisions
C) To protect tenants from eviction during military service
D) To establish a public registry of sex offenders
Answer: B
Why Correct: ECOA prohibits discrimination in credit approvals.
Why Others Wrong:
A: FCRA deals with credit report accuracy.
C: SCRA protects servicemembers.
D: Megan’s Law requires a sex offender registry.
Under the Servicemembers Civil Relief Act (SCRA), what right does an active-duty service member have regarding residential leases?
A) To demand rent reductions during deployment
B) To terminate a lease without penalty due to relocation orders
C) To sublease the property without owner consent
D) To delay paying rent until after deployment
Answer: B
Why Correct: SCRA allows lease termination without penalty when relocating.
Which law gives consumers the right to dispute inaccuracies in their credit reports?
A) Fair Credit Reporting Act (FCRA)
B) Equal Credit Opportunity Act (ECOA)
C) Deceptive Trade Practices Act (DTPA)
D) Fair Housing Act
A , Why Correct: FCRA ensures credit report accuracy and dispute rights.
Why Others Wrong:
What does the Uniform Electronic Transactions Act (UETA) ensure regarding real estate contracts?
A) Electronic signatures are legally equivalent to handwritten ones
B) Sellers must provide printed copies of all contracts
C) Digital signatures replace the need for notarization
D) Banks are required to accept electronic signatures
Answer: A
Why Correct: UETA gives electronic records/signatures equal legal status.
Why Others Wrong:
B, C, D: UETA doesn’t mandate printed copies, remove notarization, or require banks to accept e-signatures.
What is the key requirement under Megan’s Law for property managers?
A) To screen all tenants for past criminal activity
B) To provide tenants with local sex offender registry information
C) To refuse rental to registered sex offenders
D) To conduct background checks for all applicants
Answer: B
Why Correct: Megan’s Law ensures community notification about sex offenders.
Why Others Wrong:
A, C, D: While managers may screen tenants, they are not required to deny rentals based solely on registry status.
What does Antitrust law primarily aim to prevent in real estate?
A) Discrimination based on protected classes
B) The use of electronic signatures in transactions
C) Unreasonable restraints on trade such as price fixing
D) Misleading advertising practices
Correct Answer: C
Explanation:
✔ C is correct – Antitrust law prohibits price fixing, tie-ins, and market allocation to maintain competition.
✘ A – Discrimination is under the Fair Housing Act, not Antitrust.
✘ B – Electronic signatures fall under UETA/E-Sign Act.
✘ D – Misleading ads are regulated by TREC and FTC, not Antitrust.
Which of the following is considered a blind advertisement under Texas law?
A) A lease listing with the broker’s name and license number
B) A classified ad including the broker’s phone number only
C) An ad that omits the broker’s name or business name entirely
D) A marketing flyer with a team name but no logo
Correct Answer: C
Explanation:
✔ C is correct – A blind ad is one with no broker name or business name.
✘ A – Properly includes broker details.
✘ B – Phone number alone may violate TREC, but it’s not always “blind” if tied to a broker.
✘ D – Team names require broker info but aren’t automatically blind.
What does the Implied Warranty of Habitability guarantee to tenants?
A) Freedom from discrimination
B) Compliance with building codes and safe occupancy
C) Lease termination rights for military deployment
D) Protection from foreclosure
Correct Answer: B
Explanation:
✔ B is correct – The warranty ensures safe, habitable conditions and building code compliance.
✘ A – Discrimination is covered by the Fair Housing Act.
✘ C – Military lease terminations fall under SCRA.
✘ D – Foreclosure protections are unrelated.
What practice is prohibited under Antitrust law in real estate?
A) Price fixing and market allocation
B) Steering tenants away from certain neighborhoods
C) Blind advertising
D) Misstating lead-based paint hazards
Correct Answer: A
Explanation:
✔ A is correct – Antitrust bans price fixing, bid-rigging, and market allocation.
✘ B – Steering is a Fair Housing violation.
✘ C – Blind advertising violates TREC rules, not Antitrust.
✘ D – Lead hazard misstatements fall under lead-paint laws and DTPA.
What is required if a sole proprietor operates under a name different from their own, such as “Best Choice Management”?
A) Obtain a corporate charter
B) File a Fictitious Business Name Statement with the county clerk
C) Register with the Texas Real Estate Commission
D) Apply for an LLC license
✅ Correct Answer: B
Explanation:
✔ B is correct – A fictitious name must be registered with the county clerk.
✘ A – A corporate charter is for corporations, not sole proprietorships.
✘ C – TREC licensing applies to real estate activities, not business name registration.
✘ D – LLCs are separate legal entities
Which of the following best describes a joint venture?
A) A permanent partnership between two or more parties
B) A business project for a limited time or single project
C) A corporation formed by two partners
D) A hybrid business structure with limited liability
Correct Answer: B
Explanation:
✔ B is correct – A joint venture is temporary and for a single project.
✘ A – Permanent partnerships are general partnerships.
✘ C – Corporations are separate legal entities.
✘ D – Limited liability hybrid refers to an LLC.
What is required for a partner in a general partnership regarding liability?
A) They share equal liability unless otherwise stated in writing
B) They only risk their initial investment
C) Liability depends on the amount of profit earned
D) They have no personal liability for partnership debts
Correct Answer: A
Explanation:
✔ A is correct – General partners share liability equally unless a written agreement states otherwise.
✘ B – Limited partners risk only their investment, not general partners.
✘ C – Liability is not based on profits.
✘ D – General partners have personal liability.