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Realty 3
Real Estate Exam for Arizona
97
Real Estate & Planning
Not Applicable
04/13/2022

Additional Real Estate & Planning Flashcards

 


 

Cards

Term

You can shorten the time of continuous use for Adverse possession in Arizona from 10years to 3years by doing what?

  • Openly displaying continuous and actual use.
  • Filling a motion to quiet title
  • Using the property full time.
  • Paying the taxes.
Definition
Paying the taxes.
Term
Any change of address for the Real Estate Office must be filed with ADRE within _____
Definition
10 days
Term
What would convert a mobile home from personal property to Real Property?
Definition
If it is attached to the land permanently (Can't move)
Term

An easement is what type of encumbrance?

  • Voluntary
  • Involuntary
  • Voluntary or Involuntary
  • Beneficial to all
Definition
Voluntary or Involuntary
Term
The main objective of the Real Estate Advisory Board is to:
Definition
Make recommendations to the commissioner to benefit the public.
Term
The length of term for serving as the Commissioner for the State of Arizona Department of Real Estate is:
Definition
At the Governors pleasure
Term
Who owns the community pool in a Townhouse complex?
Definition
HOA
Term

Which of the following would most likely hinder the transfer of clean title to a property in a community?

  • HOA CCR's
  • Utility company easement
  • Cities special assessments
  • A homeowners back tax lien
Definition
A homeowners back tax lien
Term
If you were to allow your sibling to reside in your house until she died, your sibling would be what?
Definition
Life tenant
Term

A homeowner who resides on the banks of the Apache Wash Basin in North Phoenix suffers catastrophic damage to their home due to flooding from the 100 year floods in 2018. They would be covered if they had flood insurance which is backed by which government agency?

  • FEMA
  • HUD
  • PMI
  • Fannie Mae
Definition
FEMA
Term

By properly signing a (an) ____, a spouse is legally separating themselves from a community property asset.

  • Disclaimer Deed
  • Non-Interest Deed
  • Community Property Waiver Agreement
  • Quiet Release
Definition
Disclaimer Deed
Term
Cease and Desist Orders are issued when:
Definition
A licensee has been found to be doing an individual act that is illegal or potentially harmful to the public.
Term
A fee simple absolute estate is an estate where it is almost impossible as long as the owner abides by all legal rights to be forfeited or given up. This is what type of estate?
Definition
Indefeasible fee state
Term
A homeowner who due to unfortunate circumstances has lost most of his assets to the attorneys who are suing him. Which asset is protected in Arizona due to the homestead acts?
Definition
The homestead in equity in primary residence.
Term

True or False

Rights go on Forever

Definition
False
Term
Four friends buy a piece of land in Kingman with the shared mindset of developing the property at some point in the future. They choose Joint Tenancy as their method of ownership. Suddenly and unexpectedly one of the co-owners dies. What will happen to that owners share of the property?
Definition
That owners portion of the property will pass to the owners equally.
Term
How much money should be in the Recovery Fund in the Arizona Department of real estate at the end of the fiscal year?
Definition
$600,000
Term

A married but legally separated couple live in Arizona. The husband lists their summer home for sale in the mountains of Pinetop and receives a very attractive offer which he accepts. What type of contract is this considered?

  • Valid and the Husband must sell.
  • Voidable by either party.
  • Legal and common.
  • Void as mutual consent wasn't granted.
Definition
Void as mutual consent wasn't granted.
Term
Arizona has homestead protections for up to _____ in equity.
Definition
$150,000
Term

Upon the finalization of the divorce, a single woman on her own purchases a new condo in a high rise complex. The ownership would probably be recorded as "an unmarried woman taking title ____"

  • Community Property
  • In Severalty
  • Single Tenancy
  • Tenancy in Common
Definition
In Severalty
Term
When real property is transferred from one owner to another, it is called ____.
Definition
Conveyance
Term
Most real estate disputes are resolved in _____.
Definition
Civil Actions.
Term

A neighbors trees are hanging over the fence line in the backyard. The offended homeowner has complained to the HOA but they can't help as this is not an HOA issue. The HOA referred the owner to file a complaint against the neighbor due to what action?

  • Involuntary Alienation
  • Agreement Violation
  • CC&R Violation
  • Encroachment
Definition
Encroachment
Term
A developer of real property and the subdivider of the land, neither one needs to have a _____ ______ _______.
Definition
Real Estate License
Term

An escrow agent would do all of the following except which ones? (2)

  • Settle the transaction
  • Interpret the contracts
  • Collect the contracts and addendums
  • Negotiate fee's on behalf of the clients
  • Act as an intermediary between parties.
Definition

Interpret the contracts

&

Negotiate fee's on behalf of the clients

Term
Damages are limited up to _____ per transaction.
Definition
$30,000
Term

Which document would be used to assist the county assessor in determining property values?

  • County Assessment Valuation Document
  • TRID Settlement Statement
  • Assumption of Value
  • Affidavit of Value
Definition
Affidavit of Value
Term

HOA's may not be able to enforce the illegal paint color change on a property that was sold 2 years ago due to what?

  • Latches
  • Fault
  • Languish
  • Statute of Limitations
Definition
Latches
Term

In the State of Arizona, in order to sell land and attached manufactured homes, you must have:

  • A mobile home sales license
  • A valid and active real estate license
  • Only the manufacturer can sell manufactured homes
  • A valid and active dealer's license
Definition
A valid and Active Real Estate License
Term

A lumber yard didn't get paid from the framing contractor who was hired by the General Contractor. They have how long to file a lien on the property where the material was used?

  • They can't file a lien as a supplier of materials used on a job
  • 90days from when the material was dropped
  • 90days from the date the work started
  • 90days after the invoice was first sent
Definition
They can't file a lien as a supplier of materials used on a job.
Term
Common laws are derived mainly from where?
Definition
Custom and judicial precedent
Term

Property taxes, mechanics lien, mortgage lien; which comes first?

  • None, IRS liens come first
  • Mechanics Lien
  • Mortgage Lien
  • Property Taxes
Definition
Property Taxes
Term
Fruit that is stored in boxes and is then placed on a truck bound for the grocery store would be considered what?
Definition
Emblements
Term

Private Mortgage Insurance:

  • Protects the seller in case of judgements that arise after the sale
  • Protects the buyer from future losses in equity due to market fluctuations
  • Protects the Brokers from being sued after the transaction closes
  • Protects the lender against borrower default.
Definition
Protects the lender against borrower default.
Term
What are the two types of land characteristics?
Definition
Physical and Economic
Term

Governments can levy liens against a deceased person's estate. These are:

  • Voluntary
  • Creditor Liens
  • Statutory
  • Recorded at time of death
Definition
Statutory
Term

All of the following are required to satisfy adverse possession except:

  • Exclusive
  • Hostile
  • Continuous
  • Inheritable
Definition
Inheritable
Term
A client must bring action against a licensee within ___ of the cause for action.
Definition
5 years
Term
The term used to describe the legal process of transferring real property is:
Definition
Conveyance
Term

Choose the correct statements that have to do with Joint Tenancy. (2)

  • Rights of ownership is necessary for a Joint Tenancy
  • Corporations, LLC's and entities can take title as joint tenants
  • Four items are required; possession, interest, title, time
  • Known as a "rich mans will"
Definition

Rights of ownership is necessary for a joint tenancy.

&

Four items are required; possession, interest, title, time

Term
A salesperson must apply to the State of Arizona to activate their license within how many years of passing the State Examination?
Definition
1 year
Term
The most common deed used in the conveyance of real property is the ____ deed as it has the most covenants.
Definition
Warranty deed
Term
This person is the party who is responsible for allowing somebody else to use their property, usually for a specified amount of time.
Definition
Lessor
Term
This agent needs to be bonded in a real estate settlement company.
Definition
Escrow Agent
Term

Which of the following would most likely not be considered a cloud in a property title?

  • IRS liens
  • Title transfer from an LLC to an individual
  • Missing ownership history
  • A recorded personal easement in gross
Definition
Title transfer from an LLC to an individual
Term
A bill of sale is usually used to convey personal property over the amount of how much?
Definition
$500
Term

All of the following except which one are ways to convey title?

  • Action
  • Will
  • Involuntary
  • Voluntary
Definition
Action
Term
A tenant reserves the rights to a property but only for a limited time, where specifically they can remain in the property for the duration of someone else life. This potentially could be an example of:
Definition
Estate por autre vie
Term
The maximum that will be paid from the recovery fund over a licensees lifetime is _____.
Definition
$90,000
Term

Which of the following would NOT be a way to end an easement?

  • Agreed upon release
  • Non-Use
  • Additional parties using the easement
  • Destruction
Definition
Additional parties using the easement
Term

It's possible to split off or transfer:

  • Subservient Easements
  • Gas Rights
  • Mechanics Liens
  • Leasehold Options
Definition
Gas Rights
Term
How many members of the general public serve on the Advisory Board?
Definition
3
Term
What is a Deed?
Definition
The actual written document that is used to convey ownership of real property.
Term
The Real Estate Commissioner is appointed by:
Definition
The Governor
Term

CC&R violations discovered by an escrow company would be a/an:

  • Encumbrance
  • Choice2
  • General Lien
  • Voluntary Cloud on Title
Definition
Encumbrance
Term
Who has been granted the power to create and enforce laws that affect Real Estate in Arizona?
Definition
Arizona Department of Real Estate Commissioner
Term

Which of the following most accurately describes the Title in real estate?

  • The direct proof of ownership
  • A document used to show liens on a property
  • What rights one has with the property
  • Evidence that the seller has the capacity to negotiate the sale
Definition
What rights one has with the property
Term

The city and state have been provided the power to encumber your property by taxing the owner of each parcel of land. Even the smallest parcel of land is taxed. What type of encumbrance is this?

  • Specific and Voluntary
  • Specific and Involuntary
  • Specific, Voluntary and Statutory
  • General, Involuntary and Statutory
Definition
Specific and Involuntary
Term

A seller paid her property taxes upfront for the year. In late September of that same year she sold her property. The seller is entitled to a ____ for roughly ____months.

  • Debit, 3 months
  • Credit, 3 months
  • Debit, 9 months
  • Credit, 9 months
Definition
Credit, 3 months
Term
During a sale of a farm, the owners of the farm include in the sale the tractor and the plow. These items would be considered:
Definition
Chattle
Term

Owners of Condo Units have what type of rights?

  • HOA Voting Rights
  • Board Leadership Rights
  • Fee Simple Determinable Rights
  • Air Rights
Definition
Air Rights
Term

Which of the following would not be considered part of the land?

  • Gold
  • Cotton
  • Title
  • Minerals
Definition
Title
Term
Anyone who acts or advertises as being a licensed agent without having a current license is guilty of ____
Definition
A Felony
Term
In order for it to be recognized, the deed to real property must be signed by:
Definition
The grantor
Term

By agreeing to take out a Home Equity Line of Credit (HELOC) on their home, the owners allowed the lender to place what on their title?

  • A recorded promissory note
  • A due on sale clause
  • A voluntary specific lien
  • A copy of the lien release due date
Definition
A voluntary specific lien
Term

Which of these is NOT a common leasing definition:

  • Positive Leasehold
  • Economic Liabilities
  • Negative Leasehold
  • Leaseback
Definition
Economic Liabilities
Term

This type of lease would have one set fee per month and then a percentage of the sales paid to the landlord in addition:

  • Net Lease
  • Ground Lease
  • Triple Net Lease
  • Percentage Lease
Definition
Percentage Lease
Term

What would make a lease invalid?

  • Both lessor and lessee have signed the lease
  • Duration of the lease was agreed to and signed on by both parties
  • Address or description is missing in lease agreement.
  • A verbal agreement to rent for only five month period.
Definition
Address or description is missing in lease agreement.
Term

All of the following except which one are types of Short Term Leases?

  • Exploration Leases
  • Verbal Leases
  • Seasonal Leases
  • Ground Leases
Definition
Ground Leases
Term

A real property owner who extend some of their rights in their property to someone else for a predefined amount of time could be considered a:

  • Grantor
  • Leasee
  • Lessor
  • Grantee
Definition
Lessor
Term

For a landlord or building owners, a Net Lease would most likely be a preferred type of leasing over a gross lease in which type of property?

  • Residential Rentals
  • Rental space located in a Strip Mall
  • Leases less than one year
  • Sub Lease
Definition
Rental space located in a Strip Mall
Term

Shortly after 11pm the police are called to a private residence responding to a trespassing call. The police arrive to find multiple people on the property and there seems to be some sort of disagreement. They question who is who and find out that the occupants in possession of the property do have the rights to be there as is evidenced by a signed mutually accepted:

  • Deed
  • Joint Tenancy Agreement
  • Lease
  • Title
Definition
Lease
Term

In the State of Arizona, leases are recognized as being a form of a contract. Which of the following is not required for a lease to be considered valid?

  • Parties of Legal Age
  • Signed by all parties
  • Competent Parties
  • Start date and end date
Definition
Signed by all parties
Term

Choose the correct statements about record keeping and rental agreements. (3)

  • Must keep accurate records for all owners
  • Must be in an orderly and easily accessible system
  • Rental agreements must be kept for 1year from expiration
  • Financial records must be kept for 5 years from expiration.
Definition

Must keep accurate records for all owners

Must be in an orderly and easily accessible system

Rental agreements must be kept for 1year from expiration

Term
Money received by a Property Manager on behalf of the property owner must be placed into what type of account?
Definition
A trust account
Term
How long must a property manager keep rental agreements?
Definition
1 year after they have expired.
Term
How long must a property manager keep financial records?
Definition
3 years from execution date
Term

The landlord of an apartment just signed a lease for a period of 12 months at a rate of $1400 per month. The maximum amount that the landlord can collect in the form of security deposits is?

  • $1400
  • $2100
  • $2800
  • $1000
Definition
$2100
Term

A property manager is responsible for all of the following except?

  • Running credit checks on prospective tenants
  • Collecting Rents
  • Paying referrals to anyone who brings in new tenants
  • Aiding in overall maintenance of units
Definition
Paying referrals to anyone who brings in new tenants
Term

A Broker has a staff of 6 property managers and 2 assistants. One of her managers just signed a lease for 15 years on a commercial space in Downtown Flagstaff to Northern Arizona University that expires on December 31, 2034. How long must she keep all copies of that lease on file in the State of AZ?

  • Till the end of 2035
  • One year after the lease was written
  • Till the end of 2034
  • The date that the lease expires

 

Definition
Till the end of 2035
Term

Snobby Bobby has rented out his store front to Sun Ski and Sky LLC and is charging a base rent of $2500/month and an additional rent in the amount of 3% of gross sales. Over 3 months, Sun Ski and Sky LLC had gross sales of $66,000. What was the total of the rent paid to Snobby Bobby?

  • $7500
  • $7500 + 1950
  • $9,480
  • $8,480
Definition
$9,480
Term

True or False:

The most common type of contract is completion whereby only one of the parties have performed their obligations.

Definition
False
Term

Which of these is NOT a valid reason a contract was unable to be completed?

  • Legal Cause
  • Inability to Perform
  • Full Performance
  • Partial Performance
Definition
Full Performance
Term
A seller has 5 days to submit SPDS (Seller's Property Disclosure Statement) to a buyer after offer acceptance. In this instance, they took 12 days to do so. Is their contract still valid?
Definition
Yes
Term
If a seller has been harmed by the action or inaction of a buyers behaviors or acts, what types of damages could they seek?
Definition
Liquidated damages or Punitive damages.
Term

In a contract assignment, which party is legally obligated to fulfill the original terms of the contract?

  • Owner
  • Assignor
  • Designee
  • Assignee
Definition
Assignor
Term

Two sibilings are under contract to buy a house together. The brother no longer wants to proceed with the purchase but the sister does, however she cannot afford it on her own. What clause could allow the sister to replace her brother's position on the contract with her husband for identical terms while releasing her brother from the obligations?

  • Sub-lease
  • Buyer substitution
  • Election
  • Novation
Definition
Novation
Term

Damages awarded in excess of simple compensation, designed to punish the defendant, are known as?

  • Compensatory Damages
  • Punitive Damages
  • Liquidated Damages
  • Preventive Damages
Definition
Punitive Damages
Term

In the event of a contractual breach, the injured party could pursue what action?

  • Suit for Performance
  • Limited Damages Action
  • Broker Damages Settlement
  • Assignment of Duty
Definition
Suit for Performance
Term

Which of the following would be generally a correct statement?

  • While in escrow a buyer can void a contract
  • The closing of escrow and recording of the deed deems an executed contract
  • Earnest money is always returned to the buyer if there is a breach of contract
  • Executory contracts are unenforceable
Definition
The closing of escrow and recording of the deed deems an executed contract
Term

What methods can be used to settle disputes in real estate contracts?

  • Dispute Disagreement
  • Mediation and Arbitration
  • Negotiation Clause
  • Agency Agreements Clause
Definition
Mediation and Arbitration
Term
A seller agrees to a selling price of $250,000. The boilerplate contract used has numerically written $250,000. But it is also written on the form as two hundred and fifteen thousand dollars. Which price is the seller legally obligated to sell for?
Definition
Two hundred and fifteen thousand dollars.
Term

In a state where Trust Deeds are used, who has the right to sell the property in case of foreclosure action taken?

  • Original Lender
  • Trustee
  • Beneficiary
  • Grantor
Definition
Trustee
Term

In which type of state does a borrower have equitable title?

  • Lien theory
  • Title theory
  • Community property
  • Service Theory
Definition
Title theory
Term

At what point does the legal title transfer to the buyer in a Land Contract?

  • At time of sale
  • Once the loan is paid back in full
  • At the recordation of the contract
  • At the recordation of the Notice of Reinstatement
Definition
At time of sale
Term

If a Vendee has $144,000 in equity on a house that is valued at $190,000 where the seller is financing the buyer under a contract for deed, how many days does he/she have for redemption before the seller can foreclose?

  • 270
  • 180
  • 120
  • 90
Definition
270
Term

Central Bank has legal title to an owner's property. The owner of the property borrowed money in the form of a mortgage. In this case, who has the Legal Title?

  • Lender
  • Trustee
  • Beneficiary
  • Owner
Definition
Lender
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