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Colorado Brokers Exam
Practice Questions
101
Real Estate & Planning
Professional
01/22/2015

Additional Real Estate & Planning Flashcards

 


 

Cards

Term
If you have a listing agreement with a seller and decide you want to purchase the property yourself to keep as a rental property, you should
Definition
have the seller release you from the listing, receive no commission, and advise the seller to seek other representation.
Term
Which listing contract(s) allows the seller to sell the home without having to pay the broker?
Definition
Exclusive Brokerage (Agency) Listing Addendum and Exclusive Right-to-Sell.
Term
In the Exclusive Right-to-Sell Listing Contract what inquiries concerning purchase must be disclosed to the seller
Definition
All
Term
If the buyer, who has signed a buyer broker contract, finds a For Sale by Owner, what must the broker do
Definition
he must tell the broker and let the broker set up the appointment and handle the negotiations.
Term
Which leases contain an implied warranty of habitability
Definition
Most
Term
When the earnest money will be held by an entity that is not a brokerage firm involved in the transaction, the Closing Instructions should be signed when
Definition
by the time earnest money is delivered to the entity
Term
What does Rule F apply to
Definition
Any commission approved contract
Term
The listing broker must deposit earnest money in an appropriate trust account when
Definition
Within 3 business days after notice of acceptance of an offer
Term
A promissory note for earnest money should be made payable to
Definition
The listing brokerage firm
Term
Can an employing broker delegate supervisory authority to another experienced broker
Definition
Yes, in writing
Term
In a listing form can a seller choose to not provide a property disclosure form
Definition
Yes
Term
What should a broker do if the seller declines to provide a property disclosure form
Definition
the broker should tell the seller that the buyer will request the form with the offer
Term
The parties to the approved listing form agree to _______________if there is a dispute about the listing
Definition
Mediation
Term
Who does the contract indicate pays mediation fees
Definition
They are negotiable
Term
________________________ must verify square footage
Definition
The listing broker
Term
Can a designated broker buy their own listing
Definition
no, they must use a different broker to sell the property
Term
Who is bound by the Licensee Buy Out Addendum to the Contract to Buy and Sell
Definition
The buyer who signs the form and the brokerage firm if the supervising broker signs the form
Term
What must a buyers agent do when arranging to show a For Sale By Owner property
Definition
must use the approved Brokerage Disclosure to Seller (FSBO) form
Term
Should the seller sign the original contract when a Counterproposal is used
Definition
No, only sign the counterproposal
Term
What dates should a broker fill out when filling out a counterproposal form
Definition
Only the dates that have changed
Term
Can computer generated versions of the approved forms be altered
Definition
No
Term
When is the Amend/Extend Contract with Broker used
Definition
to extend the terms of the listing agreement
Term
What does the Commission Approved Deed of Trust form have options for
Definition
1) Assumable Deed of Trust
2) Strict Due On Sale Deed of Trust
3) Assumable if Creditworthy Deed of Trust
Term
When must the seller supply the lead base paint disclosure, if required
Definition
prior to accepting an offer
Term
When does the broker have to remove the hold over provision
Definition
In a single party listing
Term
When does the buyer represent that they have received the lead base paint disclosure, if required, _________.
Definition
When the sign the offer
Term
What does Rule F allow for
Definition
brokers are permitted to fill in the blanks of pre-printed, standardized forms, brokers are required to use Commission-approved forms unless written by the broker's attorney, No modifications can be made to commission approved forms, except as indicated in Rule F. The attorney may draft transaction specific documents only.
Term
Where are dates and deadlines found in the Contract to Buy and Sell
Definition
Paragraph 3
Term
When does the real estate commission investigate licenses
Definition
if there is a written complaint or if the commission moves to do so without complaint
Term
What happens to a licensee if payment is made from the recovery fund for a judgment against a licensee
Definition
They automatically lose their license
Term
What can a broker do if they receive interest in their trust accounts
Definition
1) pay the buyer the interest if the property sells
2) pay the buyer the interest if the property does not close.
3) transfer the interest earned to an affordable housing fund.
Term
What must a broker do when using a trade name
Definition
Any broker using a trade name owned by another shall clearly include said broker’s name in a conspicuous manner
Term
The MAXIMUM time allotted for a foreclosure sale through the Public Trustee's office after notice of election to foreclose has been publicized is:
Definition
125 days
Term
When can an unlicensed assistant fill in blanks on forms
Definition
When the broker provides all of the information
Term
When selling a home built prior to Jan. 1, 1978, who is responsible for providing (to a potential buyer) the EPA pamphlet?
Definition
The seller
Term
When is a listing valid
Definition
When it is signed by the seller and broker
Term
In the Contract to Buy and Sell, who pays the appraisal fee
Definition
its negotiated
Term
When can a buyer withdraw an offer
Definition
any time until they learn of acceptance
Term
Can a broker and seller make a binding oral agreement to extend the term of the listing
Definition
no
Term
What must a broker do when using an outside source for square footage in a marketing brochure
Definition
disclose the source of the information
Term
Whose signed permission is needed to extend the deadline date for loan conditions
Definition
sellers
Term
Brokers need to have ___________ sign disclosure forms to prove the form was received.
Definition
required parties
Term
The Commission Approved Deed of Trust form has options for what
Definition
1) Assumable Deed of Trust
2) Strict Due on Sale Deed of Trust
3) Assumable if creditworthy Deed of Trust
Term
What is personal property transferred by
Definition
Bill of sale
Term
What happens if the buyer fails to redeem the Earnest Money Promissory Note
Definition
they will be liable for all reasonable costs of collections
Term
What is the limit on an Earnest Money Promissory Note
Definition
none
Term
What can be put in the additional provisions sections of the Contract to Purchase
Definition
transaction specific items negotiated between the parties
Term
What rule is violated if a broker who drafts a non-negotiated addendum to the Contract to Buy and Sell
Definition
Rule F
Term
When using a title company, the Closing Instructions form is used by brokers for what purpose
Definition
to hire title companies to complete legal forms
Term
Where must carbon dioxide detectors be placed
Definition
within 15 feet of the entrance to each room lawfully used for sleeping when the home is marketed for sale
Term
Who prosecutes you if you practice real estate without a license
Definition
a district attorney
Term
What must an individual who charges a fee to sell options on real estate have
Definition
a real estate brokers license
Term
if for a fee you offer to sell a gas lease, do you need a license
Definition
No
Term
Who maintains the real estate recovery fund
Definition
The State Treasurer
Term
What is the recovery fund used for
Definition
payment of out-of-pocket losses and reasonable attorney fees to the public in civil suits against licensees.
Term
What was the reasoning behind the creation of the "single licensing law"
Definition
1. to bring the law in line with actual practice.
2. to stop the practice of a new real estate broker working independently, as their own company.
Term
A state-run program where real estate license fees are used in part to pay non- collectible judgments against licensees is a
Definition
recovery fund
Term
The licensing law sets a standard for
Definition
competency and integrity
Term
At the time of closing, the commission check can be made out to
Definition
to the brokerage company (employing broker)
Term
The number of hours of continuing education you must complete to renew your license every three years is
Definition
24
Term
The Commission position on earnest money deposits states that
Definition
if transaction fails to consummate and there is no dispute, earnest money should be returned to buyer without seller's written authorization.
Term
Does owning a motel require a real estate license
Definition
no
Term
If a seller refuses to sell and pay a commission to the broker, the broker should
Definition
go to court to prove a claim.
Term
There are ____ Colorado real estate commissioners who are appointed by the ________.
Definition
5, governor
Term
What did the court rule in the Colorado Bar Association versus the Title Guaranty Company
Definition
title companies, unlike real estate brokers, could not prepare legal documents for others.
Term
The Colorado Fair Housing Act does not prohibit discrimination based
Definition
age
Term
The maximum civil penalty for a first offense concerning housing discrimination is
Definition
$10,000
Term
What is a developer
Definition
is an owner of a parcel of land that has been subdivided into 20 or more residential lots
Term
Additional Provisions can be used to add
Definition
1) transaction-specific terms that result from negotiations
2) transaction-specific terms that result from the instructions of the parties to the contract
Term
Which rule covers the Colorado Real Estate Commission's rules governing approved forms.
Definition
Rule F
Term
What language must be stated in Addendums to contracts?
Definition
"This addendum has not been approved by the Colorado Real Estate Commission. It was prepared by (insert licensed name of broker or brokerage firm)."
Term
The Uniform Power of Attorney Act was created to
Definition
insure to third parties that they can rely upon the actions of the agent (who is created by the power of attorney).
Term
A subdivision is created if
Definition
a residential property is divided into more than 20 real property interests.
Term
You are considered _______________ if you promote the sale or lease of a subdivision.
Definition
a developer
Term
What gives power to the association to create a lien on the property if association dues are not paid.
Definition
The Colorado Common Interest Ownership Act
Term
You may refuse to rent to a disabled person if
Definition
the disabled person demands you make reasonable modifications at your cost.
Term
The Colorado Fair Housing Act does not apply to
Definition
owners renting out a room in their personal home
Term
If a broker has a buyer and seller sign a purchase contract that is no longer the current Commission approved form the contract is
Definition
valid
Term
Who may not write a prepared addendum for the Commission- approved Buy and Sell contract
Definition
Broker who is acting as an agent
Term
A licensee working with a tenant as a tenant agent must
Definition
use a Commission approved Exclusive Tenant Contract
Term
Who does not have an obligation to inform the seller of buyer's financial inability to perform the contract?
Definition
Lender
Term
The __________________ determines the relationship between the public and the employed brokers
Definition
employing broker
Term
When the public enters into a brokerage relationship, the relationship is with who
Definition
the designated broker
Term
A broker who is engaged by only one party to a real estate transaction is known as a
Definition
single agent or limited agent
Term
What must the written disclosure of brokerage relationships
Definition
a signature line for the customer/client to sign
Term
If the agreement by which the broker was engaged is not performed or completed for any reason, the relationship shall end no later than
Definition
1 year after date of engagement
Term
A Single agent is
Definition
a broker who is engaged by only one party to a real estate transaction
Term
In an Exclusive right to Sell Contract, if a buyer forfeits his earnest money check, who gets it
Definition
the seller must split the earnest money equally with the listing broker.
Term
What must a licensee do to make a change to a contract,
Definition
use an amend/extend contract
Term
What contract would use the term "exclusive, irrevocable contract?"
Definition
Exclusive Right-to-Sell
Term
The Contract to Buy and Sell provides that faxed signatures may be acceptable for negotiations…
Definition
if the parties agree to use faxed signatures
Term
The Contract to Buy and Sell contains a provision to make it contingent on an appraisal being
Definition
At least as high as the selling price
Term
What is considered a receipt for earnest money
Definition
When the buyers broker sings the contract
Term
When the parties have a dispute about the earnest money
Definition
The broker may interplead the matter and send the parties to court
Term
What is the walk-through inspection, called for in the Contract to Buy and Sell, used for
Definition
to verify that the condition of the property meets the requirements of the contract
Term
Can a deed of trust be used as earnest money
Definition
No
Term
According to the contract to Buy and Sell Real Estate, if a buyer will seek a new VA-guaranteed loan, the value of the property is established by:
Definition
the Veteran's Administration
Term
If a Lead-Based Paint Disclosure (Sales) form is not completed and signed by the Seller and required real estate licensees prior to the parties signing the Contract to Buy and Sell Real Estate,
Definition
the purchase contract is void
Term
If a seller has actual knowledge that the property is in foreclosure, the seller must fill out the Contract to Buy and Sell Residential (CO Foreclosure Protection Act) when
Definition
Only if the property is residential and the buyer is an investor
Term
A water right that entitles the owner to divert a specified flow of water from its source for immediate use is a:
Definition
direct flow right
Term
A stock pond built on large acreage is owned by
Definition
the citizens of the state of Colorado unless adjudicated.
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