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The "bundle of rights" does not include the right to:
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Personal property is
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chattels
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personality
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usually movable
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all of the above
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A freehold estate whose duration is limited to the lifetime of a specified person is called a/an
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gives the tenant the right of exclusive possession
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has an indefinite duration
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is a nonpossessory interest
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is an estate in reversion
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when property is held in joint tenancy, upon the death of one of the joint tenants, his or her interest in the property automatically:
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vests in his or her spouse
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is transferred to his or her heirs
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passes to the other joint tenant(s)
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becomes a term tenancy
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when a fee simple owner transfers title by deed, it is presumed that the new owner (the grantee) receives a/an:
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term tenancy
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estate in remainder
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joint tenancy
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fee simple absolute
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the highest and most complete form of ownership, representing the whole "bundle of rights," is called a/an:
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qualified fee
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estate for years
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fee simple absolute
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estate in reversion
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in addition to requiring a deed to be in writing, the statute of frauds also requires that the deed must be:
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in all states, a valid deed must contain:
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an adverse possessor's use and possession of the land must be:
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registered with the county clerk
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open and notorious
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by permission of the true owner
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by permission of the state government
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before a deed can be recorded, it must be:
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delivered to the grantee
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acknowledged by the grantor
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certified by a title company
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published in a title report
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the government's power to condemn private property is called the power of:
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eminent domain
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dedication
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escheat
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accession
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a valid deed transfers title when
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an easement on a piece of property
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the basis for zoning and other land use control laws is:
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the government's police power
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eminent domain
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the civil rights act of 1866
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the government's power to tax property on the basis of value
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unlike general real estate taxes, special assessments are levied:
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without exception, to have legal capacity to enter into a contract a person must be:
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a contract is not formed if the offer is
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revoked before its accepted
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accepted before its expired
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revoked after its accepted
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accepted without any modification of its terms
Frage 19
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not required for contracts that have been put into writing
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not required if the contract has a lawful objective
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something of value exchanged by the contracting parties
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formal execution of the contract in the presence of at least two wintesses
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the statute of frauds applies to
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a purchase agreement for a house
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a purchase agreement for vacant land
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a listing agreement for a piece of commercial real estate
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all of the above
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a contract is voidable if one of the parties:
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when an offer makes a counteroffer
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no contract is formed unless the original offeror accepts the counteroffer
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the original offeror is required to accept the offeree's modified terms
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if the original offeror does not accept the offerree's modifications, they have a binding contract on the terms originally offered
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it create a binding contract on the offeree's modified terms, unless the modifications are unreasonable
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a broker's commission is usually a
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percentage of the property's listing price
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percentage of the property's appraised value
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percentage of the property's sales price
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flat fee based on the anticipated difficulty of selling the property
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in most states, in which of the following situations would a seller NOT owe a commission?
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the transaction ends because theres a financing contingency in the purchase agreement and the buyer isn't able to make the necessary loan
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the seller and buyer agree to walk away from the transaction
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the seller discovers at the last minute that she does not have a marketable title
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the seller has a change of heart and decides not to sell
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disclose all confidential information to both the buyer and the seller
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keep each party's negotiating position confidential
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avoid giving advice to either party
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submit conflicts between the buyer and the seller to arbitration
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a real estate license is required for anyone who
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when the parties agree to terms on a specific property, a contract spelling out the agreement is drawn up and signed by
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the listing agreement will NOT usually contain the
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Essential elements of any valid contract consists of (1) an offer (2) an acceptance (3) consideration (4) parties with capacity (5) a lawful purpose (6) in writing
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the commission paid in the real estate brokerage industry is normally
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a percentage of the mortgage
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a fixed dollar amount per transaction
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percentage of the gross sales price
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included as discount points paid at the closing
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an example of a restricted covenant is a requirement that a house be a minimum size
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____is defined as the possibility of loss resulting from not being able to convert an asset into cash quickly should the need arise
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business risk
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financial risk
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purchasing power risk
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liquidity risk
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a _____ is a legal document used to transfer ownership rights to real estate from one party to another
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plat
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lease
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sales contract
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deed
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a deed that transfers any interest which a grantor may or may not have in a property without promising that the grantor actually has such an interest is called a(n) ______ deed.
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bargain and sale
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quitclaim
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unencumbered
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special warantee
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before a deed can be recorded, most states require that
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the deed be signed by the grantee
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the deed be acknowledged by the grantor
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the grantor must sign in the presence of a witness who also signs
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the grantor must be a witness
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in addition to the standard requirements for a contract to be valid, the statute of frauds requires contracts involving real estate
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to be for a lawful purpose
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to provide adequate consideration from the buyer
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to identify parties with capacity
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to be in writing
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if the terms in the purported acceptance differ from those of the offer, then
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a compilation of all recorded documents that affect a given piece of real estate is known as a title
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opinion
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insurance
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abstract
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deed
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the commission paid in the real estate brokerage industry is normally
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a percentage of the mortgage
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a fixed dollar amount per transaction
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a percentage of the sales price
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included as discount points paid at the closing
Frage 40
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in a real estate transaction, the debt obligation secured by a ____ is generally acknowledged by a _____
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in periods of rising interest rates, the borrower may be able to sell his property for a higher price if the new owner can assume the existing loan. Because this is not advantageous to the lender, a ____ may be included in the promissory note to preclude assumption
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due-on-sale clause
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defeasance clause
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prepayement clause
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acceleration clause
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which of the following categories account of the largest portion of all mortgage credit in the US?
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1-4 family residential
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multi-family residential
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commercial
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farm
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if the mortgagor fails to make payments or defaults on other terms of the mortgage agreement, the mortgagee can begin _____ proceedings.
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equity of redemption
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due-on-sale
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foreclosure
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hypothecation
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Credit history is part of a mortgage loan application
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down payment on a purchase can only come from your personal savings
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loan origination occurs in the secondary mortgage market within the US housing finance system
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a key to minimizing risk in home loans is for the lender to have extensive local market knowledge
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after a commercial loan is made, a lender may annually ask for
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financial statements
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rent rolls
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proof of insurance
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all of the above
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the debt coverage ratio
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the primary function of the real estate brokerage industry is to
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match properties and customers
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guide buyers and sellers through the complexities of real estate transaction
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provide legal representation to clients
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a and b only
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an amortization schedule that is for 25 years:
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a listin is a written agreement between a property owner and a real estate broker authorizing the broker to sell or lease a particular property
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if you sell your house and intentionally fail to disclose that you have covered all signs of a leaky basement by painting over the walls, you are probably guilty of misrepresentation
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after a commercial loan is made, a lender may annually ask for
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financial statements
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rent rolls
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proof of insurance
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all of the above
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the debt coverage ratio
Frage 56
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the primary function of the real estate brokerage industry is to
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match properties and customers
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guide buyers and sellers through the complexities of real estate transactions
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provide legal representation to clients
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a and b only
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which of the following statements is not true about brokers?
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brokers serve as an intermediary in a transaction
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brokers receive compensation in the form of commission for their services
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brokers often specialize in certain property types
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brokers take ownership of the item being transferred for at least a brief moment in time
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in the legal relationship known as "agency," the ____ is authorized by the ____ to transact business on his or her behalf.
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principal, agent
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agent, principal
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seller, broker
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broker, agent
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when a single broker represents both parties in a real estate transaction, a ____ agency may exist
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fiduciary
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buyer/seller
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dual
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which of the following is a true statement?
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mortgages are originated in the primary market
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mortgages are sold in the primary market
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mortgages are originated in the secondary market
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mortgages are originated in the underground market
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which of the following is true?
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bad credit lasts forever
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home mortgages account for the majority of mortgages in the US
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spouses have no rights to property ownership
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employment history doesn't matter in mortgage financing
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personal property is
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although most promissory notes require a series of future periodic payments to service the debt, most notes contain a provision that make the full amount (plus interest owed to date) immediately due and payable should a borrower default on the note. This provision is known as:
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deficiency judgement
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hypothecation
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prepayment clause
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acceleration clause
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______ refers to physical land and buildings, while ______ consists of the benefits gained from owning land and buildings
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personal property, real property
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real property, personal property
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real property, real estate
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real estate, real property
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the primary difference between freehold and leasehold estates is
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the number of rights is greater with leasehold estates
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leasehold estates involve property that have no liens
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a freehold interest is an ownership interest
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a freehold estate can only possessory
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a claim on property as security for a debt or other obligation is known as a(n)
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enroachment
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lien
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easement
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profit
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governmental powers over private property rights include
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power of taxation
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power of escheat
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police power
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all of the above
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the primary difference between a special warranty deed and a general warranty deed is that
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in a general warranty deed, the promises made the grantor only apply to events that occurred during the grantor's ownership of the property
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in a general warranty deed, the promises made by the grantee only apply to events that occurred during the grantee's ownership of the property
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in a special warranty deed, the promises made by the grantor only apply to events that occurred during the grantor's ownership of the property.
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in a special warranty deed, the promises made by the grantee only apply to events that occurred during the grantee's ownership of the property
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an offer becomes an enforceable contract when it is accepted by the party who
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makes it
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receives it
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tenders it
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delivers it
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a compilation of all recorded documents that affect a given piece of real estate is known as title
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opinion
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insurance
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abstract
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deed
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the legal right to ownership of land is demonstrated in the
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lease
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deed
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listing agreement
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sales contract
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amortization is the
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practice of charging interest on a loan
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process of gradually retiring a debt by periodic payments
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compounding of interest
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use of debt to enhance the rate of return
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in order to establish good credit you should
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have at least 3 lines of credit (credit cards, student loans, etc)
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have all payments in a timely manner
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review your credit history annually
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all of the above
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eminent domain is defined as "the use of land that produces the greatest long term economic return to the owner"
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the debt coverage ratio must be greater than 1 or you're losing money
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co-signing a note for someone else is not only a nice thing but a smart business move