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Which of the following statements about license laws is INCORRECT? | License laws are an exercise of the police power of the state. | The purpose of the license laws is to protect the general public. | Obtaining a license is a privilege, not an automatic right. | The federal government establishes the license | d |
In New York, an individual may obtain a salesperson license at age: | 17 | 18 | 19 | 21 | b |
A salesperson licensee may receive commissions from the: | cooperating broker | buyer | employing broker | seller | c |
Which of the following does NOT apply to a salesperson's license? It: | is maintained by the broker with whom the salesperson is associated | need not be prominently displayed by the broker | authorizes the salesperson to work under the supervision a broker; not independently | authorizes the salesperson to work in a reciprocal state without broker sponsorship | d |
A listing contract that gives the broker commission entitlement if anyone sells the property during the listing term is: | an exclusive-right-to-sell | open | exclusive agency | net | a |
A real estate salesperson advises a prospective buyer that the property the buyer is considering will be annexed into the city limits. This disclosure constitutes: | disloyalty to principal | misrepresentation | required disclosure to buyer | violation of disclosure of information by agent | c |
Knowing that his client, the owner, is eager to sell, the salesperson suggests that the prospective buyer make an offer of $210,000. Which of the following statements is CORRECT? | The salesperson is violating his obligation as a special agent. | Because the salesperson knows the owner is eager to sell, he is acting correctly. | The salesperson is violating his obligations as a universal agent. | The prospective buyer can be found guilty of conversion. | a |
Within a ten-minute period, a salesperson receives two offers for a listed property. One is 2 percent less than the listed price, and the other offer is 6 percent less than the listed price. The salesperson should present to the seller: | neither offer | both offers | the highest ofter only | the lowest offer only if requested by the seller | b |
In an independent contractor relationship, the salesperson is entitled to: | compensation related directly to sales output | health benefits | compensation based on hours worked | paid vacations | a |
According to the Real Property Law, a broker may: | not accept compensation from more than one party to a transaction | accept compensation directly from a principal only | not split commissions with brokers from other states | accept compensation from more than one party to a transaction only with the full knowledge and consent of all parties to the transaction | d |
An agent is a: | client | principal | fiduciary | contractor | _ |
An owner lists her property with three brokerage firms. In each case, she retains the right to sell the property herself without being obligated to pay a commission. The type of listing contract is called: | exclusive-right-to-sell | open | multiple | net | b |
A listing contract creates an agency relationship in which the: | broker is a general agent | seller is the principal | seller is a general agent | broker is the principal | b |
The type of listing that ensures the real estate agent a commission if the agent sells the property and no commission if the seller sells the property is called a(n): | net listing | exclusive-right-to-sell listing | exclusive agency | multiple listing | c |
A real estate agent or a seller concealing a known defect is an example of: | positive misrepresentation | unintentional misrepresentation | mutual mistake | mistake of law | a |
When a real estate firm attempts to represent the buyer and the seller in the same transac-tion, what type of agency has arisen? | Single agency | Dual agency | Broker agency | Seller agency | b |
According to the New York Real Property Law, listing agreements for one- to four-unit residential property and residential condominiums and cooperatives in any size building must be accompanied by an): | agency disclosure form | exclusive right to sell agreement | payment of a partial fee or commission to the listing agent | informed consent to dual agency form | a |
The owner of real property may NOT hold title as a(n): | tenant in common | lessee | owner in severalty | joint tenant | b |
An estate created for the life of a person other than the life tenant is called a life estate: | in remainder | pur autre vie | by dower | in reversion | b |
Ursula owns property with Dick and Judy. If Ursula dies, she plans to leave her ownership interest to her husband Kyle. Ursula is a(n): | joint tenant | tenant by the entirety | tenant in common | owner in severalty | c |
A piece of personal property that has become real property by permanent attachment is called an): | fixture | trade fixture | chattel | encumbrance | a |
Which of the following statements is CORRECT? An easement: | and a lien are one and the same | in gross has no servient tenement | is a fixture to real estate | appurtenant can be obtained by necessity | d |
Liens that have the highest priority are: | real property tax liens | judgment liens | income tax liens | mortgage liens | a |
A deed that provides the grantee with the greatest assurance of title is: | bargain and sale deed | deed of gift | full covenant and warranty deed | grant deed | _ |
A benefit of recording a deed is it: | prevents any liens from being filed against the property | protects the grantee against the grantee's creditors | protects the grantee against future conveyances by the grantor | makes a mortgage lien subordinate | _ |
Of the following types of deeds, which provides the grantee with the least assurance of title? | Bargain and sale | Quitclaim | Grant | Full covenant and warranty | b |
A buyer purchased a rental property and closed the transaction on July 20. On July 1, the tenant had paid $540 rent for the month of July. The rent should be shown as a: | debit to buyer of $180 | debit to seller of $180 | debit to seller of $360 | credit to buyer of $360 | b |
The amount of the earnest money deposit appears on closing statement as a: | credit to buyer | debit to seller | credit to seller | debit to buyer | a |
A lease does NOT provide: | legal title to the property | equitable title to the property for the duration of the lease | exclusive right to possession and control of the property | quiet enjoyment of the property during the term of the lease | a |
Which clause in an offer to purchase protects buyers from losing their earnest money if financing is not obtained? | Habendum | Contingency | Defeasance | Subordination | b |
Sara Seller is satisfied with all of the terms of an offer from Bill Buyer to purchase her property except the date of possession, which she changes from April 9 to April 10. Which of the following is CORRECT? | Saras acceptance creates a valid contract. | Sara cannot make a counteroffer. | The contract is void. | Sara has counteroffered. | d |
A real estate salesperson who prepares a fill-in-the-blanks contract of sale can avoid the unlawful practice of law: | if he makes disclosure and obtains informed consent from all parties | if he is a notary public | by including in the contract a condition making the contract subject to approval by each party's attorney | if he allows his broker to review the contract before the parties sign it | c |
The main purpose of a mortgage is to: | secure the payment of a note | convey a title to the trustee | provide for equity of redemption | prevent assumption | a |
The acceleration clause in a mortgage provides for: | equity of redemption | the right of the lender to require immediate payment of principal balance when the borrower is in default | alienation by the borrower | null | _ |
A lien that has priority over mortgage foreclosure sale proceeds is a(n): | mortgage lien | income tax lien | real property tax lien | mechanic's lien | c |
All About Mortgage Company encouraged Tim and Harriet to finance a $200,000 mortgage based on their acquisition of some valuable antiques. Neither of them is employed, and they have limited savings. The lender's activity is an example of: | good lending practices | predatory lending | chattel financing | participation mortgaging | b |
The mortgagee is the: | lender | borrower | escrow agent | purchaser | a |
A mortgage that is subordinate to another mortgage is a: | first mortgage | junior mortgage | mortgage satisfaction | negative amortization | b |
A blanket mortgage usually contains a: | closed-end clause | release clause | forbearance | due-on-sale clause | b |
The regulation of advertisement of credit terms available for residential property offered for sale is governed by: | Freddie Mac | Fannie Mae | Equal Credit Opportunity Act | Regulation Z | d |
Which of the following statements about zoning is CORRECT? | Spot zoning is illegal in New York. | If a nonconforming structure is destroyed, it may be replaced by another noncon-forming structure. | All nonconforming uses are illegal. | A preexisting nonconforming use requires a variance. | _ |
Deed restrictions enforced by a suit for damages or by an injunction are: | conditions | conveyances | covenants | considerations | _ |
A property owner in a recently zoned area is permitted to continue to use her property in a way that does not comply with zoning requirements. This use is described as: | spot zoning | deviation | nonconforming use | private control of land use | c |
The state takes part of an owner's property for construction of a building. Which of the following statements about this event is CORRECT? The: | property owner must be compensated for the difference in market value of the property before and after the partial condemnation | building to be constructed may be used for the sole use and benefit of a private corporation | property owner has no recourse to challenge the state's taking his property | value established is the average of the owner's desired value, the states desired purchase price, and an independent appraisal | a |
Guidelines for safe and sanitary well water are provided in New York by the: | Department of State | Department of Energy | Department of Health | Office of General Services | c |
The most important foundation building block is the: | lally column | concrete slab | footing | foundation wall | _ |
The most common type of framing in residential construction is: | platform framing | post-and-beam framing | ridge form framing | balloon framing | a |
The amount of current or electricity that flows through a wire is: | voltage | kilowatt strength | electromagnetic field | amperage | d |
A substance containing fibrous particles that can irritate the lungs is: | radon | Freon™ | chlordane | asbestos | d |
The importance of the NYS Environmental Quality Review Act is that it provides: | funding for environmental projects | review of safe drinking water | radon contingencies in real estate contracts | environmental impact statements | d |
The Residential Lead-Based Paint Hazard Reduction Act sets procedures in disclosing the presence of lead in: | residential properties built before 1978 | all residential properties offered for sale | new residential construction only | residential properties built before 1998 | a |
A colorless, odorless gas that enters the home through surrounding soil and may cause lung cancer is: | lead | Puron™ | radon | krypton | c |
Comparative market analyses are based on the premise that: | many properties are exactly alike | no two properties are exactly alike | many properties are similar in quality, location, and utility | the law of supply and demand governs comparable property selection | c |
An arm's length transaction implies: | buyers and sellers who are not related to each other | buyers and sellers who are related to another | commercial transactions only | a form of adjustable rate mortgage financing | a |
The value of a property based on its utility to the owner or investor is: | value in use | insurance value | mortgage loan value | assessed value | a |
Which appraisal approach to value is most similar to a comparative market analysis? | Cost approach | Income approach | Highest and best use analysis | Sales comparison approach | d |
Inducing an owner to list property by telling the owner that people of a certain national origin are moving into the neighborhood is called: | steering | redlining | blockbusting | profiteering | c |
Which of the following does NOT cause exemptions to the Fair Housing Act of 1968 to be lost? Use of: | discriminatory advertising | a broker | a sign that states "Room for Rent" | a REALTOR® | c |
Which of the following is NOT exempt under the NYS Human Rights Law? The: | sale of a single-family house by the owner | rental of a duplex by an owner who resides in the other unit | rental of rooms in a single-family house when the rental is made by a resident owner | rental of apartments in a building exclusively to people 55 years and older | a |
Redlining applies to: | brokers | lenders | developers | landlords | b |
Which of the following is NOT covered under NYS Human Rights Law? | Discrimination in the sale or rental of commercial space | Age as a protected class | Military status as a protected class | Citizenship status as a protected class | d |
The Supreme Court case Brown v. the Board of Education was important because it: | found that separate but equal facilities are unequal | formed the basis of the Americans with Disabilities Act | ruled that antitrust activities are illegal | ruled that block-by-block zoning is discriminatory | a |
Miranda realized $70,000 for the sale of her house after paying off a $93,000 mortgage, a 10 percent commission, and $4,000 in closing costs. What was the selling price of her house? | $183,700 | $185,555.55 | $186,765 | $189,567.45 | b |
Marcie wants to purchase a strip of beachfront property that measures 300 feet by 5,280 feet. How many acres is she considering? | 36.36 | 41 | 45.9 | 49 | a |
Katherine is proposing a 100-unit townhouse subdivision in which the land is partially a wetland. Who should Katherine consult first? | Architectural review board | Village engineer | Conservation advisory council | Local planning board | c |
The zoning board of appeals: | creates zoning ordinances | grants variances | provides municipal planning | creates cease-and-desist zones | b |
Architectural review boards CANNOT: | review building plans and specifications | withhold approval of building permits | approve new construction and remodeling following local zoning ordinances | approve spot zoning | d |
Monica files a claim against Jesse because she tripped and fell on Jesses property while visiting him. Which type of insurance should Jesse have to best cover this claim? | Replacement cost | Actual cost | Liability insurance | Workers compensation | c |
A type of insurance policy that includes different types of coverage in one policy is an): | package policy | umbrella policy | market value policy | personal policy | a |
New York insurers must provide a disclosure notice in homeowners policies for which deductible? | Flood | Earthquake | Ice storm | Windstorm | d |
Which of the following groups is NOT eligible for a real property tax exemption? | Senior citizens | People with disabilities | Veterans | Students | d |
A tax bill is computed by multiplying the: | assessed value by the tax levy | assessed value by the tax rate | equalization rate by the residential assessment ratio | level of assessment by the tax levy | b |
If a taxpayer is delinquent in paying property taxes, the taxing jurisdiction initiates a: | tax easement | judgment | tax lien | certiorari proceeding | c |
Angelina's tax bill is $15,700, and her tax rate is 0.03578. What is the assessed value of her property (rounded)? | $438,793 | $478,640 | $483,245 | $490,723 | a |
An agreement that outlines the responsibilities between the cooperative corporation and a lender is a(n): | alteration agreement | declaration | letter of intent | recognition agreement | d |
The only real property interest that shareholders have in a cooperative is a: | freehold | leasehold | fee simple absolute | fee simple defeasible | b |
In a new condominium development, the obligations of the sponsor are stated in the: | alteration agreement | deed restrictions | letter of intent | offering plan | d |
Lola's cooperative does not permit her to wear shorts while waiting for friends in the lobby. This prohibition is an example of: | house rules | bylaws | restrictive covenants | a building permit | a |
Alexander wants to tear down a wall between two of his bedrooms and make one larger bedroom in his cooperative apartment. What type of agreement must Alexander enter into with the cooperative? | Recognition | Black book | Alteration | Declaration | c |
A board package consists mostly of: | personal family data | financial information | cooperative rules and regulations | an applicants reasons for buying into the cooperative | b |
If the annual net income for a property is $670,000 and the capitalization rate is 9 per-cent, which of the following is the estimate of property value (rounded)? | $6,275,000 | $7,230,444 | $7,346,794 | $7,444,444 | d |
A clause in a commercial lease that states that the landlord's lender and future owners of the building cannot terminate the lease as long as the tenant fulfills lease obligations is a(n): | nondisturbance | subordination | adornment | estoppel | a |
A natural break-even point defines: | when the investment should be sold | the point at which the investor should borrow more money | when an investment will generate a positive return | when the investment should be terminated | _ |
Lynne purchases a $2,500,000 multi-family apartment complex with a $600,000 down payment. Each month the cash flow from rentals, less expenses, is $20,000. Over a year's time, the cash-on-cash return would be: | 25 percent | 40 percent | 50 percent | 60 percent | b |
Patrick owns a six-unit building with a gross income of $175,000 per year. His expenses total $45,000. What is his net return or cash flow? | $100,000 | $105,000 | $125,000 | $130,000 | d |
A disadvantage of investment in land is that: | the taxes are always higher than in other investment types | it is always more costly than other investment types | since there are no improvements on the land, the property cannot be depreciated for tax purposes | land loses its value more rapidly than other investment types | c |
The profit from income-producing property, less income taxes, is the property's: | after-tax cash flow | before-tax cash flow | cash-on-cash return | capitalization rate | a |
Which of the following is TRUE? | The usable square footage is equal to the rentable square footage. | The rentable square footage equals the entire space including the usable square footage. | All of the rentable square footage in a space is generally usable. | The property owner always charges rent only for the usable square footage. | b |
Retta, the property owner, pays a predetermined amount for property expenses. The tenant, Herbert, pays expenses above that amount. This is an example of a(n): | subordinate lease | gross lease | percentage lease | expense stop lease | d |
When a leased space is sublet, who is responsible for the lease payment? | Lessee | Sublessee | Lessor | Assignee | a |
A type of lease that provides for escalated rent based on an economic indicator is a (an): | estoppel | expense stop | index | attornment | c |
Which of the following is FALSE regarding tax depreciation? | It is a deductible allowance from the net income of a property for tax purposes. | The property being depreciated actually may appreciate in value. | It results from physical deterioration caused by normal use of the property. | It is an accounting concept. | c |
Lanni and Tom are married and sell their primary residence for a profit of $325,000. Which of the following is TRUE regarding the sale? They: | must pay a 15 percent capital gains tax | must pay a 20 percent capital gains tax | must pay a 33 percent capital gains tax | pay no capital gains tax | d |
Abby wants to exchange her personal residence for a two-family income property and qualify the exchange for a tax- deferred 1031 exchange. Under what circumstances does this transaction qualify under IRS rules? It: | does not qualify | qualifies as long as other conditions for the exchange are met | qualifies if the exchange is made in the same tax year | qualifies as long as Abby identifies the two-family property within 45 days of the personal residence sales contract | a |
According to IRS rules, which of the following is NOT a deductible expense in connection with home purchase and improvement? | Points | Mortgage interest | Home improvement loan interest | The cost of the appraisal | d |
Joseph is a mortgage broker who represents the buyers and also a real estate broker who represents the sellers in the same residential real estate transaction. Joseph is a: | designated agent | dual agent | broker's agent | mortgage agent | b |
A mortgage broker's license is issued by the: | Department of State | Department of Consumer Affairs | NYS Department of Financial Services | Attorney General's Office | c |
Joyce is employed as a property manager for Lifetime Properties to perform only the maintenance work on a residential building. What kind of license does she require? | No license | A minimum of a salesperson license | A real estate broker license | An apartment information vendor's license | a |
Expenses for week-to-week operations in a building are included in which type of budget? | Stabilized | Variable | Operating | Fixed | c |
The most important consideration regarding safety measures while showing vacant and isolated property is to: | establish a firm asking price before showing it | have the property inspected first | bring your prospects with you in your car | not show it alone | d |
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