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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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