Shared Flashcard Set

Details

Units 5-10
Units 5-10
126
Real Estate & Planning
Pre-School
05/09/2013

Additional Real Estate & Planning Flashcards

 


 

Cards

Term

1) Which type of listing provides the most incentive for a broker to market a property?

 a) Exclusive Agency
 b) Open
 c) Net
 d) Exclusive Right to Sell


Definition
ANSWER: D
Term

2) Which type of listing allows for the owner to sell his or her property outright, without a commission owed?

 a) Limited Agency
 b) Exclusive Agency
 c) Special Agency
 d) Open

 

Definition
ANSWER: B
Term

3) An open listing is often considered to be

 a) a unilateral contract.
 b) a bilateral contract.
 c) illegal in New York.
 d) a chattel contract.

 

Definition
ANSWER: A
Term

4) What must an agent do if a buyer or seller refuses to sign the required NY disclosure form?

 a) Fill out a declaration form that describes the facts of what happened.
 b) Refuse to enter into a listing agreement with the seller or a buyer's agency with the buyer.
 c) Tell the buyer or seller that the form must be signed before the agent can legally show a property.
 d) Refuse to negotiate for the seller or the buyer.


Definition
ANSWER: A
Term

5) When must the agency disclosure form be presented, explained, and signed?

 a) When a purchaser makes an offer
 b) When a seller accepts an offer
 c) At first substantive contact
 d) When the seller and buyer meet

 

Definition
ANSWER: C
Term

6) Net listings are viewed

 a) as professional and are legal in New York.
 b) as unprofessional and they are illegal in New York.
 c) as professional and legal in most states.
 d) as acceptable in most cities and legal in New York City.

 

Definition
ANSWER: B
Term

7) What occurs when the broker appoints one agent to represent the seller as a seller_s agent and another agent to represent the buyer as a buyer_s agent in a transaction?

 a) Dual Agent with At-large Sales Agents
 b) Single Agent with Dual Agent
 c) Broker Agent with Single Agent
 d) Dual Agent with Designated Sales Agents

 

Definition
ANSWER: D
Term

 

8) What instrument is used to document when a customer refuses to sign an agency disclosure form?

 a) Declaration Pursuant to Section 443 (3) F of the Real Estate Property Law
 b) Declaration Pursuant to Public Disclosure Law
 c) Declaration of Brokerage Disclosure
 d) Declaration of Disclosure Failure

 

Definition
ANSWER: A
Term

9) If a potential buyer attends an open house and wants to talk with the hosting agent about making an offer,

 a) the agent is not allowed make an agency disclosure.
 b) the customer must do so after the scheduled open house hours.
 c) the agent must make an agency disclosure.
 d) the customer must sign a single agency contract.

 

Definition
ANSWER: C
Term

10) In what section of a Property Condition Disclosure would you find information regarding basement seepage?

 a) Environmental
 b) General Information
 c) Buyer_s Acknowledgement
 d) Mechanical Systems and Services

 

Definition
ANSWER: D
Term

11) Which disclosure must New York City landlords use to let prospective tenants know if an apartment has suffered a bed bug infestation within the past year?

 a) Insect Disclosure
 b) Bed Bug Mitigation Order
 c) Bed Bug Disclosure
 d) Tenant Safety Disclosure

 

Definition
ANSWER: C
Term

12) If the seller fails to provide a property disclosure before a binding contract is signed,

 a) the buyer will receive a $500 credit from the seller at closing.
 b) the buyer will receive a $800 credit from the seller at closing.
 c) the seller forfeits any earnest monies.
 d) the brokerage is fined $500.

 

Definition
ANSWER: A
Term

1) Which type of listing agreement is illegal for New Yorker licensees?

 a) Net
 b) Exclusive
 c) Dual
 d) Single

 

Definition
ANSWER: A
Term

2) Which type of listing is least desirable?

 a) Exclusive broker
 b) Exclusive agency
 c) Exclusive right to sell
 d) Open

 

Definition
ANSWER: D
Term

3) Exclusive listing agreement statements for all residential dwellings

 a) must be printed on NCR paper.
 b) must be in a type size larger than 6-point.
 c) must have MLS approval.
 d) must be in a type size no larger than 6-point.

 

Definition
ANSWER: B
Term

4) What action must an agent take if a buyer or seller refuses to sign a disclosure form?

 a) Refuse to negotiate for the seller or the buyer.
 b) Refuse to enter into a listing agreement.
 c) Complete a declaration form that describes the facts of what happened.
 d) Complete a Notice Form #1245.

 

Definition
ANSWER: C
Term

5) When must the agency disclosure form be presented, explained, and signed?

 a) Prior to any substantive contact
 b) When a client makes an offer
 c) When a seller receives an offer
 d) During the first substantive contact

 

Definition
ANSWER: D
Term

 

6) Net listings are viewed

 a) as unprofessional and illegal in New York.
 b) as professional and legal in most states.
 c) as acceptable in most cities and legal in New York City.
 d) as dishonest and subject to antitrust review.

 

Definition
ANSWER: A
Term

7) How long must a copy of a signed agency disclosure document be kept?

 a) At least two years
 b) One year
 c) At least three years
 d) At least 6 months

 

Definition
ANSWER: C
Term

8) A listing agent must present a copy of the disclosure to a potential seller and get it signed

 a) within 2 days of signing the listing agreement.
 b) after they sign the listing agreement.
 c) prior to a first meeting.
 d) before they sign a listing agreement.

 

Definition
ANSWER: D
Term

9) An agent must present a copy of the agency disclosure to a potential buyer and get it signed

 a) at the time of closing.
 b) before they sign a buyer_s agency agreement.
 c) after an offer is approved.
 d) two days before a closing.

 

Definition
ANSWER: B
Term

10) In what section of a Property Condition Disclosure would you find information regarding age of structures?

 a) Environmental
 b) General Information
 c) Buyer_s Acknowledgement
 d) Mechanical Systems and Services

 

Definition
ANSWER: B
Term

 

11) Which type of disclosure is used to let prospective tenants know if an apartment has suffered a bed bug infestation within the past year?

 a) Bed Bug Mitigation Order
 b) Infestation Declaration
 c) HUD Form 64A
 d) Bed Bug Disclosure

 

Definition
ANSWER: D
Term

12) If the seller fails to provide a property disclosure before a binding contract is signed,

 a) the brokerage is fined $350.
 b) the buyer will receive a $800 credit from the seller at closing.
 c) the buyer will receive a $500 credit from the seller at closing.
 d) the buyer will receive a $800 debit from the seller at closing.

 

Definition
ANSWER: C
Term

1) Which of the following types of listing agreements can a real estate licensee NOT enter into?

 a) MLS
 b) Exclusive
 c) Single
 d) Net

 

Definition
ANSWER: D
Term

2) Which type of listing is least attractive to a broker?

 a) Exclusive right to sell
 b) Open
 c) Exclusive agency
 d) MLS listing

 

Definition
ANSWER: B
Term

3) All written residential listing agreements must contain which of the following definitions?

 a) Exclusive agency and Property Condition
 b) Exclusive right to represent and exclusive agency
 c) Open listing and net listing
 d) Exclusive right to rent and MLS rules

 

Definition
ANSWER: B
Term

4) Broker Dan is representing Mandy as a buyer's agent. He wants to show Mandy one of his listed properties. Which statement is true?

 a) There is no reason why Dan should not show Mandy the property.
 b) Dan must disclose to the seller that he is also representing the buyer.
 c) Dan needs to get the informed, written consent of both Mandy and the seller to act as a dual agent.
 d) Dan must notify the Department of State that he wants to represent both parties in the transaction.

Definition

ANSWER: C

Term

 

5) When does the first substantive contact take place?

 a) A buyer contacts a broker through the Internet.
 b) A seller calls a broker to schedule a listing appointment.
 c) A potential buyer shows up at an open house.
 d) A potential buyer or seller begins to discuss his or her needs.

 

Definition
ANSWER: D
Term

6) The disclosure requirements of Real Property Law Section 443 apply to which of these?

 a) Sale or lease of one-to-four family residential units
 b) Unimproved property
 c) Commercial properties
 d) Condominium apartments in buildings of more than four units

 

Definition
ANSWER: A
Term

7) An agent must keep a copy of a signed agency disclosure document for

 a) at least two years.
 b) at least three years.
 c) at least 12 months.
 d) at least 6 months.

 

Definition
ANSWER: B
Term

8) A listing agent must present a copy of the disclosure to a potential seller and get it signed

 a) after they sign the listing agreement.
 b) prior to a first meeting.
 c) before they sign a listing agreement.
 d) after posting for sale signs.

 

Definition
ANSWER: C
Term

9) An agent must present a copy of the agency disclosure to a potential buyer and get it signed

 a) before they sign a buyer_s agency agreement.
 b) after they sign a buyer_s agency agreement.
 c) after an offer is made.
 d) three days before a closing. 

Definition

ANSWER: A

Term

10) Which statement is true about the Property Condition Disclosure?

 a) It must be filled out by the seller's agent.
 b) It is required by law.
 c) It must be filled out by an attorney.
 d) The seller has the option to fill it out or not.

 

Definition
ANSWER: B
Term

11) By signing a Property Disclosure, the seller

 a) is required to make any changes after the title is transferred to the new buyer.
 b) does not agree to provide the buyer with a revised statement if any property changes occur prior to the closing date.
 c) agrees to provide the buyer with a revised statement if any property changes occur prior to the closing date.
 d) is required to make any changes up to 6 months after the title is transferred to the new buyer.

 

Definition
ANSWER: C
Term

12) A Property Condition Disclosure is

 a) the same as a property warranty.
 b) a replacement for a property home inspection.
 c) an historical report of repairs made to the property.
 d) a representation of what the seller knows about the property.

 

Definition
ANSWER: D
Term

1) How often should the broker review the written agreement with the independent contractor?

 a) Every month
 b) Every quarter
 c) Every year
 d) Every two years

 

Definition
ANSWER: C
Term

2) DOS Regulation 175.23 requires that a broker do what?

 a) Supervise the activities of employees only.
 b) Keep written records of all real estate listings any salesperson obtains.
 c) Sign off on all listing agreements written by an independent contractor.
 d) Supervise the activities of independent contractors only if they work more than 26 weeks in a year.

 

Definition
ANSWER: B
Term

3) Which of the following would not be a condition you would find in an independent contractor agreement?

 a) The broker will withhold taxes from the licensee's commission.
 b) The licensee can work from home.
 c) The broker and the licensee will follow NY Real Property Law.
 d) The licensee may hold an outside job.

 

 

Definition
ANSWER: A
Term

4) Which of these guidelines is not part of the IRS safe harbor test?

 a) Income must be based on sales input.
 b) Contractors must have access to workers compensation benefits.
 c) The contractor must be licensed as a real estate salesperson or broker.
 d) There must be a written contract in place.

 

Definition
ANSWER: B
Term

5) Verification of the level of control and independence regarding IRS job classification falls into which of these?

 a) Job Title, Assignments, and Pay
 b) Assignments, Duties, and Salary
 c) Behavioral, Financial, and Type of Relationship
 d) Compensation, Duration of Employment, and Authority

 

Definition
ANSWER: C
Term

6) What is the suggested length of time for a contractor's agreement?

 a) 6 months
 b) 24 months
 c) 18 months
 d) 12 months

 

Definition
ANSWER: D
Term

1) If a licensee joins a company as an independent contractor, which of these will he probably have to pay for on his own?

 a) MLS Fees
 b) Social Security Tax
 c) Advertisement Expenses
 d) Utility Expenses

 

Definition
ANSWER: B
Term

2) What can a broker require of his independent contractors?

 a) They must attend all sales meetings.
 b) They must have a signed a written work agreement.
 c) They must work at least 15 hours per week.
 d) They must perform all work at the office.

 

Definition
ANSWER: B
Term

3) As an independent contractor, which of the following conditions can he or she NOT work under?

 a) The licensee can work whatever hours he or she chooses.
 b) The licensee may take on outside employment.
 c) The licensee may pay for most expenses.
 d) The licensee is paid based on hours worked.

 

Definition
ANSWER: D
Term

4) Which of these guidelines is not part of the IRS safe harbor test?

 a) Income must be based on sales.
 b) Contractors must have income tax withheld.
 c) The contractor must be licensed as a real estate salesperson or broker.
 d) There must be a written contract in place.

 

Definition
ANSWER: B
Term

5) Behavioral, Financial, and Type of Relationship are

 a) IRS verification levels of control and independence regarding contractor status.
 b) Title IX verification levels of payment.
 c) HUD levels of reimbursement.
 d) compensation levels due a contractor based on performance.

 

 

Definition
ANSWER: A
Term

6) Which of the following situations would cause the IRS to think that a contractor is really an employee?

 a) The licensee attends sales meetings.
 b) The licensee gets a commission.
 c) The licensee takes paid sick days.
 d) The licensee pays for transportation expenses.

 

Definition
ANSWER: C
Term

1) Which of these statements about an independent contractor is true?

 a) He or she gets a regular salary with bonuses.
 b) He or she is reimbursed for all business expenses.
 c) He or she is paid commission on all sales.
 d) He or she will get three weeks of paid vacation every year.

 

Definition
ANSWER: C
Term

2) If a licensee joins a company as an independent contractor, which of these will he probably have to pay for on his own?

 a) Health insurance
 b) Office space
 c) For Sale signs
 d) Errors and omissions insurance

 

Definition
ANSWER: A
Term

 

3) What can a broker require of his independent contractors?

 a) They must work at the office.
 b) They must receive a salary.
 c) They must attend weekly sales meetings.
 d) They must sign a written agreement.

 

Definition
ANSWER: D
Term

4) Which of the following must a broker legally provide to an employee?

 a) Pension plan
 b) Unemployment insurance
 c) Health insurance
 d) Sales commission

 

Definition
ANSWER: B
Term

5) For how long must the broker maintain records of all his or her sales transactions?

 a) One year
 b) Two years
 c) Three years
 d) Five years

 

Definition
ANSWER: C
Term

6) In an IRS audit, which of the following situations would cause the IRS to think that a contractor might really be an employee?

 a) The licensee attends sales meetings.
 b) The licensee gets a commission.
 c) The licensee takes unpaid sick days.
 d) The licensee receives an hourly wage.

 

Definition
ANSWER: D
Term

1) How often should the broker review the written agreement with the independent contractor?

 a) Every month
 b) Every quarter
 c) Every year
 d) Every two years

 

Definition
ANSWER: C
Term

2) DOS Regulation 175.23 requires that a broker do what?

 a) Supervise the activities of employees only.
 b) Keep written records of all real estate listings any salesperson obtains.
 c) Sign off on all listing agreements written by an independent contractor.
 d) Supervise the activities of independent contractors only if they work more than 26 weeks in a year.

 

Definition
ANSWER: B
Term

 

3) Which of the following would not be a condition you would find in an independent contractor agreement?

 a) The broker will withhold taxes from the licensee's commission.
 b) The licensee can work from home.
 c) The broker and the licensee will follow NY Real Property Law.
 d) The licensee may hold an outside job.

 

Definition
ANSWER: A
Term

4) Which of these guidelines is not part of the IRS safe harbor test?

 a) Income must be based on sales input.
 b) Contractors must have access to workers compensation benefits.
 c) The contractor must be licensed as a real estate salesperson or broker.
 d) There must be a written contract in place.

 

Definition
ANSWER: B
Term

5) Verification of the level of control and independence regarding IRS job classification falls into which of these?

 a) Job Title, Assignments, and Pay
 b) Assignments, Duties, and Salary
 c) Behavioral, Financial, and Type of Relationship
 d) Compensation, Duration of Employment, and Authority

 

Definition
ANSWER: C
Term

6) What is the suggested length of time for a contractor's agreement?

 a) 6 months
 b) 24 months
 c) 18 months
 d) 12 months

 

Definition
ANSWER: D
Term

1) If a licensee joins a company as an independent contractor, which of these will he probably have to pay for on his own?

 a) MLS Fees
 b) Social Security Tax
 c) Advertisement Expenses
 d) Utility Expenses

 

Definition
ANSWER: B
Term

2) What can a broker require of his independent contractors?

 a) They must attend all sales meetings.
 b) They must have a signed a written work agreement.
 c) They must work at least 15 hours per week.
 d) They must perform all work at the office.

 

Definition
ANSWER: B
Term

3) As an independent contractor, which of the following conditions can he or she NOT work under?

 a) The licensee can work whatever hours he or she chooses.
 b) The licensee may take on outside employment.
 c) The licensee may pay for most expenses.
 d) The licensee is paid based on hours worked.

 

Definition
ANSWER: D
Term

 

4) Which of these guidelines is not part of the IRS safe harbor test?

 a) Income must be based on sales.
 b) Contractors must have income tax withheld.
 c) The contractor must be licensed as a real estate salesperson or broker.
 d) There must be a written contract in place.

 

Definition
ANSWER: B
Term

5) Behavioral, Financial, and Type of Relationship are

 a) IRS verification levels of control and independence regarding contractor status.
 b) Title IX verification levels of payment.
 c) HUD levels of reimbursement.
 d) compensation levels due a contractor based on performance.

 

Definition
ANSWER: A
Term

6) Which of the following situations would cause the IRS to think that a contractor is really an employee?

 a) The licensee attends sales meetings.
 b) The licensee gets a commission.
 c) The licensee takes paid sick days.
 d) The licensee pays for transportation expenses.

 

Definition
ANSWER: C
Term

1) Which of these statements about an independent contractor is true?

 a) He or she gets a regular salary with bonuses.
 b) He or she is reimbursed for all business expenses.
 c) He or she is paid commission on all sales.
 d) He or she will get three weeks of paid vacation every year.

 

Definition
ANSWER: C
Term

2) If a licensee joins a company as an independent contractor, which of these will he probably have to pay for on his own?

 a) Health insurance
 b) Office space
 c) For Sale signs
 d) Errors and omissions insurance

 

Definition
ANSWER: A
Term

3) What can a broker require of his independent contractors?

 a) They must work at the office.
 b) They must receive a salary.
 c) They must attend weekly sales meetings.
 d) They must sign a written agreement.

 

Definition
ANSWER: D
Term

4) Which of the following must a broker legally provide to an employee?

 a) Pension plan
 b) Unemployment insurance
 c) Health insurance
 d) Sales commission

 

Definition
ANSWER: B
Term

5) For how long must the broker maintain records of all his or her sales transactions?

 a) One year
 b) Two years
 c) Three years
 d) Five years

 

Definition
ANSWER: C
Term

6) In an IRS audit, which of the following situations would cause the IRS to think that a contractor might really be an employee?

 a) The licensee attends sales meetings.
 b) The licensee gets a commission.
 c) The licensee takes unpaid sick days.
 d) The licensee receives an hourly wage.

 

Definition
ANSWER: D
Term

1) What type of lien is placed against a single item owned by a debtor?

 a) General
 b) Basic
 c) Listed
 d) Specific


Definition
ANSWER: D
Term

2) What type of lien is the result of a lawsuit?

 a) Court Lien
 b) Shared Lien
 c) Judgment Lien
 d) Party Lien

 

Definition
ANSWER: C
Term

3) A lien

 a) restricts the owner's bundle of rights.
 b) increases the owner's bundle of rights.
 c) transfers the owner's bundle of rights.
 d) voids the owner's bundle of rights.

 

Definition
ANSWER: A
Term

4) The lien priority of junior liens can be changed by a lienor's agreement to do what?

 a) Forgive portions of the debt
 b) Assign the note
 c) Foreclose on the note
 d) Subordinate

 

Definition
ANSWER: D
Term

5) Jill was notified that a piece of property she owns has a pending suit. What type of notice has Jill received?

 a) Los pending
 b) Lis pendens
 c) Lis depend
 d) Lis pendant

 

Definition
ANSWER: B
Term

6) Estate and inheritance tax liens are determined by

 a) deed transfer.
 b) mortgage brokers.
 c) probate.
 d) open liens.

 

Definition
ANSWER: C
Term

7) What is it called when an unauthorized, physical intrusion of one owner's real property comes into that of another?

 a) An easement appurtenant
 b) An encroachment
 c) An easement by prescription
 d) A party wall easement

 

Definition
ANSWER: B
Term

8) Which of the following describes a situation in which an easement might be created against the wishes of the property owner?

 a) The property has been continuously used as an easement with the knowledge but without the permission of the owner for a period of time.
 b) The owner of an adjoining property asks the property owner for an easement, is refused, and then uses the property anyway without the knowledge of the owner.
 c) The owner of an adjoining property decides he needs to widen his driveway by sharing his neighbor's driveway and sues in court to create an easement by necessity.
 d) The owner of an adjoining property grants an easement to a third party that includes an easement on the first property.

 

Definition
ANSWER: A
Term

9) Logger Sam has been give the right to remove trees from owner Mel's property. What type of appurtenance does Sam hold?

 a) Commerce
 b) Market Order
 c) Profit
 d) Open Trade

 

Definition
ANSWER: C
Term

1) Easements are types of what?

 a) Court liens
 b) Liens
 c) Deed restrictions
 d) Encumbrances

 

Definition
ANSWER: D
Term

2) What type of lien does an owner create when a property mortgage is negotiated?

 a) Voluntary
 b) Basic
 c) Listed
 d) Signed

 

Definition
ANSWER: A
Term

3) How many liens can be attached to a property at one time?

 a) Three
 b) One
 c) Multiple
 d) No more than five

 

Definition
ANSWER: C
Term

4) Priority of a mechanic's lien is based on

 a) the date the lien was filed.
 b) the date when the work was started or completed.
 c) the date when the owner was first contacted.
 d) the date stamp on the first receipt of building materials.

 

Definition
ANSWER: B
Term

5) Which lien has priority over a judgment lien?

 a) Federal income tax liens
 b) Mortgage liens
 c) Vendor's liens
 d) Mechanic's liens

 

Definition
ANSWER: A
Term

6) The priority of junior liens are based on

 a) amount of the lien.
 b) the number of parties involved with each lien.
 c) judicial review.
 d) the date of recording.

 

Definition
ANSWER: D
Term

7) Seller John sold two parcels of land. Parcel B is now land-locked by Parcel A. What type of easement is given to provide road access to Parcel B?

 a) Easement of access
 b) Easement of order
 c) Easement by necessity
 d) Easement of passage

 

Definition
ANSWER: C
Term

8) The county water department has a pipeline running under owner Fred's backyard. This type of easement is most likely a

 a) commercial easement.
 b) personal easement.
 c) private easement.
 d) easement of use.


Definition
ANSWER: A
Term

9) Rancher Norm is allowed to bring his cattle onto the neighbor's property to access a public water source. What type of easement does Norm have?

 a) Easement of order
 b) Easement of association
 c) Easement by access
 d) Easement by implication

 

Definition
ANSWER: D
Term

1) What are easements and encroachments types of?

 a) Liens
 b) Deed restrictions
 c) Encumbrances
 d) Appurtenances

 

Definition
ANSWER: C
Term

2) What type of action might a creditor take to force the sale of attached property to collect a debt?

 a) Writ of habeas
 b) Writ of transfer
 c) Writ of debt
 d) Writ of execution

 

Definition
ANSWER: C
Term

3) What type of lien is placed against any and all real and personal property owned by a particular debtor?

 a) General
 b) Basic
 c) Targeted
 d) Pass

 

Definition
ANSWER: A
Term

4) A property owner who is selling her land wants to control how it is used in the future. How might she accomplish her aim?

 a) An injunction
 b) A deed restriction
 c) An easement
 d) A land trust

 

Definition
ANSWER: B
Term

5) A homeowner has hired a contractor to build a room addition. The work has been completed and the contractor has been paid for all work and materials but fails to pay the lumber yard for a load of lumber. What potential problem might the homeowner experience?

 a) The contractor may place a mechanic's lien for the amount of the lumber against the homeowner's real property.
 b) The lumber yard may place a vendor's lien against the contractor and the homeowner for the amount of the lumber.
 c) The lumber yard may place a mechanic's lien for the amount of the lumber against the homeowner's real property.
 d) The homeowner has no liability because the contractor was paid for the lumber.

 

Definition
ANSWER: C
Term

6) A certain property has the following liens recorded against it: a mortgage lien dating from three years ago; a mechanic's lien dating from two years ago; a real estate tax lien for the current year; and a second mortgage lien dating from the current year. Which lien would take priority?

 a) First mortgage lien
 b) Mechanic's lien
 c) Real estate tax lien
 d) Second mortgage lien

 

Definition
ANSWER: C
Term

7) A property owner has an easement appurtenant on her property. When the property is sold to another party, what will happen to the easement?

 a) It will terminate.
 b) It transfers with the property.
 c) It transfers with the owner to a new property.
 d) It becomes a lien on the property.

 

Definition
ANSWER: B
Term

8) A brick fence straddles the property line of two neighbors. The neighbors agree not to damage it in any way. This is an example of what?

 a) A party wall
 b) An encroachment
 c) A trade fixture
 d) A deed restriction

 

Definition
ANSWER: A
Term

9) There are two adjoining properties. An easement allows property A to use the access road that belongs to property B. In this situation, property A is said to be which of the following in relation to property B?

 a) Subservient estate
 b) Servient estate
 c) Senior tenant
 d) Dominant tenement

 

Definition
ANSWER: D
Term

1) How many sections are there in a township?

 a) One
 b) Six
 c) Twelve
 d) Thirty-six

 

Definition
ANSWER: D
Term

2) Which of the following would NOT be used as a legal land description?

 a) Metes and bounds
 b) Lot, block and subdivision
 c) Parcel method
 d) Government survey

 

Definition
ANSWER: C
Term

3) When does a deed become valid?

 a) Upon delivery and acceptance by the grantee
 b) Upon delivery and acceptance by the grantor
 c) At the time of origination
 d) Upon being notarized

 

Definition
ANSWER: A
Term

4) Which type of deed pledges "I own, but won't defend?"

 a) Bargain and Sale Deeds with covenants
 b) Bargain and Sale Deeds without covenants
 c) Deeds of Trust
 d) Deeds of Order

 

Definition
ANSWER: B
Term

5) A quitclaim is used to

 a) transfer a title.
 b) order a new title.
 c) add a title rider.
 d) clear title rather than convey it.

 

Definition
ANSWER: D
Term

6) A deed in trust is used to

 a) record new property owners.
 b) transfer government property to private parties.
 c) convey property to the trustee of a land trust.
 d) convey property sold at a tax sale.

 

Definition
ANSWER: C
Term

7) If a person having several heirs dies intestate, what will happen to the property?

 a) It will escheat to the state.
 b) The estate passes to lawful heirs according to the state's laws of descent and distribution, or succession.
 c) It will pass to the surviving spouse through elective share.
 d) It will pass into a trust for court distribution.

 

Definition
ANSWER: B
Term

8) Color of title can best be described as

 a) an instrument that purports to transfer ownership of property but does not due to some defect.
 b) a court order which grants property access.
 c) a legal document that blocks ownership.
 d) a legal writ which must be completed before ownership can be granted.

 

Definition
ANSWER: A
Term

9) What action might a property owner take to avoid adverse possession?

 a) Injunction
 b) Adverse Claim
 c) Sue to quiet title
 d) Possession by default

 

Definition
ANSWER: C
Term

1) What is the intent for legal descriptions of real property?

 a) To eliminate cumbersome metes and bounds descriptions
 b) To provide a tax base based on property size
 c) To create a consistent, unchanging standard for locating the property
 d) To eliminate all possible boundary disputes

 

Definition
ANSWER: C
Term

2) Acceptance by the grantee

 a) allows for the title to be searched.
 b) certifies the grantor.
 c) allows for the title to validate the deed.
 d) allows for a deed to convey title.

 

Definition
ANSWER: D
Term

3) Which of the following would be used as a legal land description?

 a) Metes and bounds
 b) Reports and guides
 c) Parcel method
 d) Aerial photographs

 

Definition
ANSWER: A
Term

4) A deed of trust is used to

 a) transfer personal property.
 b) convey property to a third party trustee as collateral for a loan.
 c) convey property to the trustee of a land trust.
 d) convey property sold at a tax sale.

 

Definition
ANSWER: B
Term

5) A quitclaim

 a) can be used to transfer a title.
 b) is illegal in New York.
 c) can remove a cloud from the title.
 d) transfers ownership to a third party.

 

Definition
ANSWER: C
Term

6) Which type of deed pledges "I own and will defend against my acts only?"

 a) Bargain and Sale Deeds with covenants
 b) Bargain and Sale Deeds without covenants
 c) Deeds of Trust
 d) Special Warranty Covenant

 

Definition
ANSWER: A
Term

7) What action might a property owner take to avoid adverse possession?

 a) Take possession by default.
 b) Periodically inspect the property within statutory deadlines and evicting any trespassers found.
 c) Post "No Trespassing" signs.
 d) Pay any real estate taxes in arrears.

 

Definition
ANSWER: B
Term

8) Reliction is

 a) the gradual receding of water from its usual watermark to allow access to "newly" found land.
 b) the gradual reduction of land around a moving waterway.
 c) the gradual addition of soil by the land owner.
 d) the gradual reduction of soil due to wind erosion.

 

Definition
ANSWER: A
Term

9) Farmer Nick's property has a stream that floods almost every year and deposits soil to his side of the bank. This action is known as what?

 a) Allocation
 b) Accreditation
 c) Accretion
 d) Allowance

 

Definition
ANSWER: C
Term

1) An owner transfers title to a property to a buyer in exchange for a consideration. This is an example of what?

 a) Voluntary alienation
 b) Escheat
 c) Hypothecation
 d) Estoppel

 

Definition
ANSWER: A
Term

2) What is the principal purpose underlying legal descriptions of real property?

 a) To create a consistent, unchanging standard for locating the property
 b) To eliminate all possible boundary disputes
 c) To comply with federal laws
 d) To eliminate cumbersome metes and bounds descriptions

 

Definition
ANSWER: A
Term

3) For a deed to convey title, it is necessary for the deed to be what?

 a) On a standard form
 b) Certified by the grantor
 c) Accepted by the grantee
 d) Signed by the grantee

 

Definition
ANSWER: C
Term

 

4) What is the type of statutory deed that contains the most complete protection for the grantee?

 a) Guardian's deed
 b) Special warranty deed
 c) Full covenant and warranty deed
 d) Quitclaim deed

 

Definition
ANSWER: C
Term

5) A deed in which the grantor guarantees the title against defects that come up only in the time period of his or her ownership is what type of deed?

 a) Special warranty
 b) Quitclaim
 c) General warranty
 d) Bargain and sale

 

Definition
ANSWER: D
Term

6) What type of deed would be used to transfer property at a public foreclosure sheriff's auction?

 a) Sheriff's deed
 b) Court deed
 c) Public deed
 d) Auction deed

 

Definition
ANSWER: A
Term

7) A property owner can gain real estate through the action of water depositing soil on a bank through what process?

 a) Assession
 b) Avulsion
 c) Reliction
 d) Accretion

 

Definition
ANSWER: D
Term

8) How can a property owner avert the danger of losing title by adverse possession?

 a) By recording proof of ownership in county title records
 b) By inspecting the property and evicting any trespassers found
 c) By claiming hostile and notorious possession
 d) By filing a claim of right with the county recorder

 

Definition
ANSWER: B
Term

9) If a person dies with no legal heirs or relations and has left no valid will, what happens to real property owned by that person?

 a) It is reconveyed to the previous owner in the chain of title.
 b) It is taken by the state according to the process called escheat.
 c) It is taken by the title insurance company according to the process called involuntary alienation.
 d) It is conveyed to the highest bidder at a public auction.

Definition
ANSWER: B
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