1 of 50 - John and Thom are purchasing their dream home. Due to the expiration of escrow instructions, the escrow has been terminated. Have they lost the contract on the house of their dreams?
Yes, once the escrow is terminated all contracts associated are also terminated.
No, the termination of an escrow does not terminate the associated contract.
No, if the escrow is terminated the contract can remain valid; however, if the escrow is cancelled, the contract is cancelled.
None of the above
You answered incorrectly
Under Cohen v. Shearer, the cancellation or termination of escrow may not also cancel a purchase contract.
2 of 50 - Which of the following conditions does not apply in converting a mobile home into real property?
The homeowner must obtain a building permit.
The home must be placed on a permanent foundation.
The homeowner must obtain a Certificate of Occupancy.
The homeowner is required to have a tag guaranteeing the mobile home's proper construction.
You answered incorrectly
In California, all mobile homes must have a tag guaranteeing proper construction. However, that requirement does not apply to converting the mobile home into real property.
3 of 50 - What is the California Statute of Limitations on bringing a court foreclosure to enforce a mechanic's lien? To bring action for removal of encroachments?
120 days after filing the lien; Four years
190 days after filing the lien; Three years
90 days after filing the lien; Three years
120 days after filing the lien; Five years
You answered correctly
4 of 50 - Which of following are not considered trust funds?
Real Estate Commissions
General Operating Funds
Rents and Deposits from Broker-Owned Real Estate
All of the Above
You answered incorrectly
Trust funds are moneys belonging to others that are being held by a broker. Commissions, operating funds, and broker-owned rents and deposits are not funds belonging to others.
5 of 50 - What are the types of legal life estates?
Dower, a husband's interest in his wife's property; Curtesy, a wife's interest in the husband's property; and Homestead, protection against unsecured debts for the party that did not sign the loan.
Dower, a wife's interest in the husband's property; Curtesy, a husband's interest in a wife's property; and Homestead, protection against all debts for the party who did not sign for the loan.
Dower, a wife's interest in the husband's property; Curtesy, a husband's interest in a wife's property; and Homestead, protection against unsecured debts for the party who did not sign for the loan.
Marital rights, both a husband's and a wife's interest in the spouse's property; and Homestead, protection against unsecured debts for the party who did not sign for the loan.
You answered incorrectly
The three types of legal life estates include dower which is a wife's interest in the husband's property; curtesy which is a husband's interest in a wife's property; and homestead which is protection against unsecured debts for the party who did not sign for the loan.
6 of 50 - Molly, a successful real estate salesperson, took some time off to stay at home with her first child. Days turned into weeks, weeks into months, months into years, until Molly's child was starting school. She decided she needed to head back to her profession and pick up where she left off. During her at-home time, Molly hadn't kept up with any CE requirements, nor had she renewed her license after its expiration almost three years earlier. Can Molly simply pick up where she left off?
No, two years after the license expires, all license rights lapse. Molly must re-qualify through the examination process before being licensed in real estate once again.
Yes, due to Molly's experience, she may petition the DRE for special dispensation for her work-related experience in order to reapply for her license.
Yes, all license rights lapse after four years of non-renewal.
None of the Above.
You answered correctly
7 of 50 - What is the form of California State Real Estate licensing examinations?
True or False Tests
Essay Tests
Multiple-Choice Tests
All of the Above
You answered correctly
8 of 50 - Which of the following is not an exemption to the federal fair housing laws concerning age and family status?
In a government-designated retirement housing.
In a retirement community if 70% of the dwellings have one person who is 55 years of age or older, provided there are amenities for elderly residents.
In residential dwellings of two to four units if one of the units is occupied by the owner.
None of the Above.
You answered correctly
9 of 50 - Christina is planning on getting married in the next year. She is a very successful business owner and is planning on buying some vacation property on the coast. She asks her agent, Martina, for advice on how she should take title to this new property. Should she hold the title alone, or jointly with her fiance? How should Martina advise?
Martina should advise Christina to protect her future assets and hold title separately due to California's community property laws.
Martina should simply tell Christina to consult her attorney on this matter.
Martina should discuss with Christina what she knows in reference to how title can be vested but give no advice except to consult an attorney for advice.
None of the Above.
You answered incorrectly
Because the agent is not an attorney, she is prohibited from giving legal advice. She can provide the client with information about laws, but not legal advice about making decisions.
10 of 50 - Ensuring consumers are fully informed of all finance changes and aware of the true annual interest rate are requirements of which regulation?
Article 7
RESPA
Truth in Lending
Uniform Settlement Statement
You answered incorrectly
To protect consumers, the Truth in Lending Act requires that all charges and interest rates associated with loans be disclosed to the borrower.
11 of 50 - In studying for her real estate license, Elise is reading about police power. She is confused and doesn't understand why law enforcement would have any role in real estate sales, transactions, and regulations. What does the term "police power" refer to in real estate?
The constitutional right of the government to regulate private activity to promote the general safety, health, and welfare of society.
Police power allows the government to seize land at their discretion or in reaction to zoning ordinance changes.
Police power controls and directs land use regarding subdivisions.
Both A and C
You answered correctly
12 of 50 - Agent Peters has qualified buyers to purchase a new home. Now he needs to qualify the property they wish to buy. He understands the human qualification process. Can you help Agent Peters with steps to qualify the property?
Type of property and area zoning
Location and Diversity of Neighborhood
Value range and condition
Both A and C
You answered correctly
13 of 50 - When an owner dies without a will or heirs, what happens to the property and why?
The property is abandoned until it can be sold by the state. If there is not an owner, the state takes ownership.
There is an auction with the proceeds going to the state. If there is not an owner, the state takes ownership.
The property is transferred to the nearest living relative. Property must have an owner.
The property is transferred to the state. Property cannot be without an owner.
You answered incorrectly
Escheat means that property cannot be without an owner. Therefore, when an owner dies without a will and without heirs, then the property reverts to the state.
14 of 50 - What is the difference between Southern California and Northern California in reference to escrow accounts?
In Northern California, the bilateral escrow instructions are signed by the buyer and seller shortly after they've signed their purchase agreement, just after the start of escrow, which is approximately 30 to 60 days prior to the close of escrow. In Southern California, the instructions are usually not signed until one or two days before the close of escrow.
In Southern California, the bilateral escrow instructions are signed by the buyer and seller shortly after they've signed their purchase agreement, just after the start of escrow, which is approximately 30 to 60 days prior to the close of escrow. In Northern California, the instructions are usually not signed until one or two days before the close of escrow.
In Southern California, escrow services are usually performed by independent escrow companies or financial institutions. In Northern California, the escrow services are usually performed by title insurance companies.
Both B and C
You answered incorrectly
The main difference is when the instructions are signed. In Southern California , the bilateral escrow instructions are signed by the buyer and seller shortly after they've signed their purchase agreement, just after the start of escrow, which is about 30 or 60 days prior to the actual close of escrow. In Northern California , the escrow instructions are usually not signed until one or two days just before the close of escrow.
15 of 50 - XYZ Corporation is interested in a piece of land for development. They are selling off a bit of company stock to buy the property without any debt. Is XYZ's sale of stock considered a form of financing?
It is actually considered a mortgage financing alternative.
NO, it is not considered a form of financing.
No, it is simply paying for land with cash proceeds.
None of the Above.
You answered correctly
16 of 50 - Ramon did not pass his licensing examination. He didn't think it was a possibility to fail and doesn't know what to do to re-take the test. Ramon is not even sure he is allowed to take the examination a second time. What are Ramon's options?
Ramon may take the examination as many times as he needs. He need only reapply to re-take the examination.
Ramon must pay the examination fee if he is to re-take the examination.
Ramon cannot take the examination for a period of two years after failing. At that time, he must reapply and pay the examination fee.
Both A and B
You answered incorrectly
An applicant may retake the examination as many times as necessary within the 2-year application period. He simply needs to pay the examination fee each time.
17 of 50 - Carol is studying for the California real estate license examination. She knows she has to know all areas covered in the examination extremely well to pass. Which portion of the examination, approximately, makes up the largest portion of the test?
Practice of Real Estate and Mandated Disclosures
Contracts
Transfer of Property
Financing
You answered incorrectly
The Practice of Real Estate and Mandated Disclosures makes up approximately 24% of the exam, with Property Ownership and Land Use Controls and Regulations making up approximately 18%.
18 of 50 - Which of the following liens is both general, involuntary, and statutory? Which lien is specific, voluntary, and equitable?
Judgment Lien; Property Tax Lien
Income Tax Lien; Property Tax Lien
Judgment Lien; Mechanic's Lien
Income Tax Lien; Mortgage Lien
You answered incorrectly
General liens are involuntary liens against the person and all assets as a result of a lawsuit when the court awards a judgment. Specific liens are voluntary liens resulting from a money debt the owner agrees to pay, such as a mortgage lien.
19 of 50 - Along a non-navigable stream, does an owner own the land, the water, both, neither? What is this right?
The owner owns the land to the center of the stream and the government owns the water. It is a Riparian Right.
The owner owns to the water's edge. It is a Riparian Right.
The owner owns to the average high water mark. It is a Littoral Right.
The owner owns the land and the water to the center of the stream. It is a Riparian Right.
You answered incorrectly
Riparian rights cover non-navigable water ways and provide that the land owner owns the land to the center of the stream but not the water in the stream.
20 of 50 - Ben and Amanda are interested in a vacant, undeveloped lot. They are going to continue to live in their current home, pay off the lot's loan, and then build a new home on the lot. Before closing on the purchase of the lot, they discover the zoning regulations permit nightclubs to be built in the immediate area. They specifically asked the broker about this issue and were told there was no reason to worry. What are Ben and Amanda's options, if any?
They do not have any options and must go forward with the sales contract or face a possible suit for breach of contract.
It is the word of the broker against theirs. If they did not get the broker's assurance in writing, they have to proceed with the contract or face a suit.
They may rescind the transaction based on the misrepresentation of the broker.
Both A and B
You answered correctly
21 of 50 - Due to the subdividing of lots on the lake, Jim's property is surrounded on three sides by Louise's property. The only other boundary is the lake. Jim can only get to his home by driving up Andrea's driveway and behind her lake home to get to his own. How was the easement in this situation created?
Implication
Reservation
Necessity
Expressed
You answered correctly
22 of 50 - Which of the following listing agreements is illegal in most states?
Open Listing
Exclusive Agency Listing
Net Listing
Agency Coupled with Interest
You answered correctly
23 of 50 - Agent Green is faced with an ethical dilemma. He was present when two brokers were having an unethical discussion that could be considered collusion. He doesn't know if he should act as if it never happened, or report the incident to his broker. What steps should he employ when making this decision?
Concentrate on the pertinent facts of the case.
Think about who stands to gain and lose by his decision.
Explore different solutions to the problem.
All of the Above
You answered incorrectly
When faced with making an ethical decision, the individual should determine the nature of the problem, concentrate on pertinent facts, apply related laws, specify who will gain or lose, explore solutions, and make the decision that can be comfortably supported.
24 of 50 - The Statute of Limitations is:
An action that bars recovery by the plaintiff because of the plaintiff’s undue delay in seeking relief.
Prevents action from being taken against an individual after a prescribed period of time
An action that the purchaser agreed to do or not to do when they purchased the property
A principle which precludes a person from asserting something contrary to what is implied by a previous action
You answered correctly
25 of 50 - When can a violation that hasn't happened yet be a violation?
If the Commissioner believes that a person has or is about to commit a violation of law, order, license, permit, etc., the Commissioner has the authority to bring action against the person.
It can never be a violation. A person has to commit, past or present tense, a violation to have actions filed. You cannot punish someone for something they have yet to do.
The Commissioner can command in the name of the people of the State of California in the Superior court of the State of California, that the individual not continue with the violation or not move to commit the violation.
Both A and C
You answered incorrectly
A violation of the licensing laws or other related requirement might not necessarily have to have been already committed for the Commissioner to take action against a party. IF the Commissioner believes (from evidence he considers satisfactory) that a person has violated or is about to violate any of the provisions of the California license law or any order, license, permit, decision, demand, or requirement, then the Commissioner has the authority to bring an action against that person.
26 of 50 - Which of the following statements concerning real and personal property is true?
Annexation changes real property to personal property; severance changes personal property to real property.
A trade fixture is personal property and can be removed by the tenant any time before the end of the lease term.
Annexation changes personal property to real property; severance changes real property to personal property.
Both B and C
You answered incorrectly
Personal property is changed to real property through annexation, while real property is changed to personal property through severance. A trade fixture is personal property that has been attached to the property but can be removed by the tenant prior to expiration of the lease.
27 of 50 - Agent Simpson tells residents of a neighborhood that minorities are moving into the neighborhood, and property values are sure to plummet. Simpson goes on to say, “resale values will suffer, the neighborhood will deteriorate, and if they don't sell their homes now, they will lose money.” What form of illegal discrimination is Agent Simpson practicing?
Blockbusting
Redlining
Steering
Discriminatory Misrepresentation
You answered incorrectly
Blockbusting occurs when homeowners in a particular area or neighborhood are encouraged to sell their homes because individuals or families from a protected class are moving into the neighborhood and will supposedly negatively impact property value.
28 of 50 - The Brights are buying a home from the Stones. They are splitting the escrow service fees 50-50. Do they live in Northern or Southern California? How does the other region usually handle the escrow service fees?
They live in Southern California. In Northern California the seller usually pays the escrow service fees.
They live in Southern California. In Northern California the buyer usually pays the escrow service fees.
They live in Northern California. In Southern California the buyer usually pays the escrow service fees.
They live in Northern California. In Southern California the seller usually pays the escrow service fees.
You answered correctly
29 of 50 - The continuing education requirement in California is ____________hours every __________ years.
45, six
40, five
45, four
6, four
You answered correctly
30 of 50 - Ken has just passed his licensing examination. However, he has been notified the DRE will not issue a full-term license. Ken is behind on child support payments and therefore has not complied with a court order to provide these payments. Will Ken ever be able to obtain his license?
Ken will not be eligible for a license until he has been current on all child support payments for a minimum of 150 days.
Ken may be issued a 150-day temporary license while he is on the list of child support obligors. Only one 150-day temporary license may be issued. His full-term license may be issued if a release is obtained from the district attorney's office during the 150-day temporary period.
Ken must clear his name and pay his support on time for a minimum of six months to be eligible to receive a full-term license.
None of the Above.
You answered correctly
31 of 50 - When is a real estate licensee considered a creditor?
If the licensee routinely assists sellers in determining whether a proposed buyer in a land contract or purchase-money mortgage is creditworthy.
A licensee may always be considered a creditor based on the financial information and qualification of prospective buyers.
A licensee is never considered a creditor under any circumstance.
None of the above
You answered incorrectly
When an owner is selling under a land contract or purchase-money mortgage, he may use his broker to help determine if the buyer is creditworthy. If the broker routinely performs this task, the broker can be considered a creditor.
32 of 50 - Tracy and Darnell are buying a home. They have a 15% down payment and have qualified for a thirty year fixed conventional rate mortgage. Will Tracy and Darnell have to pay PMI?
Yes, private mortgage insurance is required for all loans with less than 25% down payment.
No, private mortgage insurance is only required for all loans with less than 15% down payment.
No, this is Tracy and Darnell's second mortgage for the purchase of a new home. Private mortgage insurance is only for first-time buyers with less than a 20% down payment.
Yes, private mortgage insurance is required for all loans with less than 20% down payment.
You answered correctly
33 of 50 - Appraiser Jones appraises one-to-four unit residential properties, and non-residential properties with a transaction value up to $250,000. What is this appraiser's level? How many hours of appraiser education were completed?
Residential License, 150 hours
Certified Residential Real Estate Appraiser, 200 hours
Certified Residential Real Estate Appraiser, 180 hours
Certified General Real Estate Appraiser, 300 hours
You answered correctly
34 of 50 - Elliot has misrepresented himself by acting in the capacity of a real estate salesperson without being licensed by the State of California. Elliot had his license revoked three years ago for unethical actions. Elliot is guilty of what level of violation?
Misdemeanor
Felony
Held accountable in a possible civil suit.
Both B and C
You answered incorrectly
If an unlicensed person acts as a real estate salesperson, he or she will be guilty of a misdemeanor and will be penalized under the law.
35 of 50 - An undeveloped acre of land sits in the middle of a secluded rural community. How many separate owners could this acre have?
As many as possible if they were partners in the ownership of the land.
Three owners: One could own the subsurface rights, one the surface rights, and another the air rights.
Two owners: One could own the surface rights, and another the air rights.
Two owners: One could own the subsurface rights, and another the surface rights.
You answered correctly
36 of 50 - Georgina sat for the examination about two weeks ago. She believes she passed with flying colors and checks her mail immediately upon arrival home for her results. Today, they arrived and, as she opened the envelope, she saw her test score. Did Georgina pass or fail?
Georgina passed the examination. Failing scores are not revealed; only the information the examinee failed.
Georgina failed the exam. The exam is qualifying by nature and if you pass, you pass; your score is irrelevant and is not revealed.
There is no way to tell if Georgina passed or failed without knowing her actual score.
None of the Above.
You answered correctly
37 of 50 - Kim, Chris, and Beth are all partners in a cosmetics firm. Kim is leaving the partnership and wants to sell her shares of the business, including the property owned by the partnership, to Chris and Beth. The three partners own the property with the right of survivorship should one or more of them die. The remaining partners are not interested in buying Kim's interests. Kim has been unable to find a buyer for her share of the partnership. She has now resorted to asking the court to either sell her shares or sell the entire property. What form of concurrent ownership applies?
Partition
Tenants in Common
Joint Tenancy
Separate Ownership
You answered incorrectly
Joint tenancy occurs when two or more people have identical interests in the whole property with the same rights of possession and the right of surivorship.
38 of 50 - Caroline has been paying her mortgage steadily for fifteen years. She has just received a notice from her lender that the loan due date is approaching and she will owe a lump sum of $11,257 to pay off her mortgage loan. Which type of promissory note has Caroline NOT been paying?
A straight note
A fully amortized loan
A Balloon Note
An Interest-Only Note
You answered correctly
39 of 50 - Mr. Manning has owned a restaurant for forty years. He is in the process of selling his business to a group of investors who plan on revamping the restaurant and turning it into a destination. In the negotiation of the sale, Mr. Manning has stipulated he is willing to accept their offer on two conditions: There may never be any alcohol served on the property and there can never be dancing of any kind. Mr. Manning is insistent on these conditions due to his religious beliefs. If either of these activities ever takes place, Mr. Manning would have the right to take back the property. Which type of estate applies?
Fee Simple Absolute
Pur Autre Vie
Estate in Reversion
Fee Simple Defeasible
You answered correctly
40 of 50 - Which is not a form of syndication?
The Corporate Form
The General Partnership
The Limited Liability
An Equity Trust
You answered correctly
41 of 50 - Judy is the listing agent for the Brandts' home. In the inspection of their home, she discovers a few issues of concern. The basement is very damp and smells of mildew. Judy noticed what appeared to be mold on the interior walls of the lower level. She also saw what she believed to be their main line overflowing in the utility area of the basement. State the case that is responsible for broker's conducting a diligent inspection of properties they are listing or selling.
Sherman v. Clayton
Easton v. Strassburger
Mello v. Roos
Jones v. Mayer
You answered correctly
42 of 50 - Broker Burns is negotiating a first trust deed loan for buyers. The buyers have signed a contract for a fifteen-year loan. What is the maximum commission for Broker Burns?
Five percent of the principal of the loan.
Ten percent of the principal of the loan.
Fifteen percent of the principal of the loan.
Two percent of the principal of the loan.
You answered incorrectly
With a loan secured by a first trust deed for a period of 3 years or more, the maximum commission a broker can receive is 10% of the principal of the principal amount.
43 of 50 - Which of the following is not a fourfold unity?
Time
Title
Possession
Vesting
You answered correctly
44 of 50 - Deanna is buying one of Kay's fur coats and several handbags. They are old friends and sometimes purchase each other's items instead of selling to a consignment shop. Deanna agrees to pay Kay $650.00 for the items, writes a check, and collects her purchased items. Is this transaction legitimate?
Yes, it is a private transaction between two adults where both are in agreement of the terms.
No, in the State of California, an agreement for the sale of real property must be in writing if the amount or value of the property exceeds $500.00.
No, in the State of California, an agreement for the sale of personal property must be in writing if the amount or value of the property exceeds $500.00.
No, in the State of California, an agreement for the sale of personal property must be in writing if the amount or value of the property exceeds $600.00.
You answered incorrectly
California requires the sale of personal items worth more than $500 be accompanied by a written agreement for the sale.
45 of 50 - Which act is known as the original fair housing statute?
Executive Order 11063
Civil Rights Act Title VIII
Fair Housing Act
Civil Rights Act of 1866
You answered incorrectly
The Civil Rights Act of 1866 prohibited discrimination in housing based on race.
46 of 50 - Which are the four elements required for a valid contract?
Legally Competent Parties; Offer and Acceptance; Consideration; and Legality of Object
Legally Competent Parties; Offer and Acceptance; Consideration; and Terms
Legally Competent Parties; Offer and Acceptance; Assignment; and Legality of Object
Legally Competent Parties; Offer and Acceptance; Contingency; and Legality of Object
You answered incorrectly
A valid contract must have legally competent parties, an offer and acceptance, consideration, and legality of object.
47 of 50 - Agent Sims needs one more new home sale this month to receive a bonus. She has one more that could possibly close and help her meet the goal. However, today she was informed the financing fell through for the buyer. Agent Sims has a lender friend that owes her a favor. She calls the lender, offers the friend one-quarter of her bonus if he will finance the buyers who were turned down. Which penal code section addresses this crime?
PC 534
PC 639-639a
PC 641.4
PC 532c
You answered incorrectly
PC 639-639a covers the bribery of a lender to obtain credit.
48 of 50 - Dan has recently been transferred to San Diego, and only has a month to find a home, sell his condo, pack, move, close, and get to work. His agent shows him the Walsh home and it's perfect. He offers the asking price, along with all the kitchen appliances and window treatments to remain with the property. The Walsh's accept his offer exactly as it is written. Which contract term applies to this situation?
Time is of the Essence
Mirror Image
Contingency
Novation
You answered correctly
49 of 50 - Which of the following is not a prohibited escrow-related activity?
An escrow agent cannot disburse a real estate broker's commission prior to closing of the escrow.
Escrow licensees may not solicit or accept escrow instructions containing any blank to be filled in after signing or initialing.
They may not permit, under any condition, any person to make any addition, deletion, or alteration of an escrow instruction.
None of the Above.
You answered incorrectly
Once escrow instructions are signed by all parties, there may not be any changes made to the instructions unless both parties agree.
50 of 50 - Patrice and Cornell are completing a sales contract with Mary, their agent. The sales contract used at Mary's brokerage is preprinted. Mary, as a senior agent, has the authority to waive one of the brokerage's fees. The fee is explained and preprinted on the contract. Mary simply crosses it out, writes "waived," and both parties initial. Which overrules the other? The preprinted or handwritten portions of the contract?
The preprinted portions of a contract always take precedence over handwritten.
It depends on the portion of the contract and the language involved.
Handwritten portions of real estate contracts always supersede preprinted forms.
