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SC First year sales Real Estate
First year sales SC Real Estate study guide
434
Real Estate & Planning
Professional
06/02/2015

Additional Real Estate & Planning Flashcards

 


 

Cards

Term

An individual who is authorized and consents to represent the interests of another person is a/an:

Definition

Agent

Term
The agent's obligation to use his skill and expertise on behalf of the principal arises under the fiduciary duty of:
Definition
Care
Term
Broker neil represents Carla but is currently working with Kristen to fina a home. In this situation which of the following correctly identifies the parties in this relationship?
Definition
Neil is Carla's agent; Kristen is Neil's customer
Term
Who is the agent's principal?
Definition
Whomever hired the agent
Term
In SC the broker may engage in all of the agency relationships listed below EXCEPT:
Definition
Transactional agency
Term
An agent representing the seller hat a duty to disclose to his principal all of the following EXCEPT:
Definition
the agent's advertising budget,
Term
When must a licensee preform agency disclosure when working with a buyer?
Definition
When they first meet to show a property
Term
A person who is designated by the principal to represent them in a broad range of matters related to a particular transaction or action is a?
Definition
universal agent
Term
An affiliation of trust and confidence is a ________ relationship.
Definition
Fiduciary
Term
a person who wants the assistance of a licensee but chooses not to enter into an agency relationship is a?
Definition
customer.
Term
When must a licensee preform an agency disclosure, when working with a seller?
Definition
at the listing presentation
Term
When a broker appoints one agent to work with the buyer and a different agent to work with a seller in the same transaction he/ she has appointed them to be _________ agents
Definition
Designated
Term
A broker is to ________, as an affiliated licensee is to ________
Definition
agent / subagent
Term
When is dual agency legal in SC?
Definition
When both parties have been informed and have given written consent.
Term
which of the fiduciary duties listed survive the agency relationship?

care,
obedience,
loyalty,
accounting,
Definition
accounting
Term
who has responsibility over staff and their actions?
Definition
B.I.C Broker in Charge
Term
licensed agents may not provide ANY professional services without an?
Definition
agency relationship
Term
a relationship in which one party places special trust, confidence, and reliance in and is influenced by another has a _______ ______ to act for the benefit of the party in the confidential relationship
Definition
fiduciary duty
Term
a person 'client' who empowers another 'agent' to act as his or her representative in a real estate transaction.
Definition
Principal
Term
An agent who is appointed by another agent, the broker in charge and for whom the principal agent is responsible or liable
Definition
Subagent
Term
In a real estate transaction who provides compensation to the real estate licensee? the principal or the client?
Definition
It does not matter who is who, you are paid by whomever hired you.
Term
All parties that are not represented by the agent in the real estate transaction are considered?
Definition
Third parties
Term
Someone who desired services of an agent but opts not to establish an agency relationship for legal representation.
Definition
a Customer
Term
an attorney or agent who may or may not be a lawyer who is given written authority to act on another's behalf as specified by a power of attorney
Definition
Attorney-in-fact
Term
when an agent represents only one client in a real estate transaction either the buyer or seller
Definition
single agency
Term
when an agent represents two clients in the same real estate transaction, both the buyer and seller
Definition
dual agency
Term
before you can advise a buyer in any what you must have a ________________ signed
Definition
Buyer agent agreement
Term
means the agent and subagent and fully liable for all their obligations
Definition
joint liability
Term
what are the three types of agents?
Definition
universal, general, special
Term
type of agent authorized to act on behalf of the a client with a very broad authority
Definition
Universal
Term
one authorized to represent a client on behalf of another agent
Definition
General
Term
_________ Agent is also typically the Broker in Charge for a principal buyer/ seller
Definition
Special
Term
When an agent is representing a principal and the identity is known to third parties
Definition
Disclosed
Term
When an agent is representing a principal without disclosing who the principal is or even they they are representing a principal.
Definition
Undisclosed
Term
When an agent is representing a principal by disclosing to third parties of an agency relationship but does not disclose the identity of the principal
Definition
Partially disclosed
Term
Obedience, full disclosure, loyalty, accounting, reasonable care, and confidentially are the six ______ duties agents owe their principal
Definition
Fiduciary
Term
you are allowed to negotiate for your principal when what is given?
Definition
written permission
Term
What Fiduciary duties are limited in a dual agency transaction?
Definition
obedience, loyalty, and disclosure
Term
what fiduciary duties are NOT limited in a dual agency transaction?
Definition
Confidentiality, accounting, and reasonable care
Term
this form is given to a seller and fully explained at the first selling getting
Definition
Agency disclosure form
Term
When on the phone for the first time with a potential client do not discuss anything
Definition
confidential
Term
you work for a?
Definition
client
Term
you work with a?
Definition
customer
Term
this form of agency agreement allows for the seller to hire one or as many brokers as they choose to represent them as their agent
Definition
Open listing
Term
The seller may only hire one agent to represent them in the sale of their home
Definition
Exclusive
Term
the seller agrees to an agency listing in which they may only hire one agent to represent them in the sell of their home.
Definition
Exclusive agency
Term
this form of agreement will require the seller to pay the agent a commission regardless of who sells the property
Definition
exclusive rights to sell
Term
a sale type that is illegal in SC
Definition
Net listing
Term
this listing creates an agreement between the seller and agent that the seller will get an agreed upon amount and the agent will get the difference.
Definition
Net
Term
All real estate listing laws are designed to protect the
Definition
public
Term
this form of agreement allows for the buyer to hire one or as many Agents as they want to find them a home
Definition
Open buyer representation
Term
buyer agrees to an exclusive agency buyer representation agreement may only hire one agent to represent them. The buyer will be liable for payment of a commission only if they purchase a home through them.
Definition
exclusive agency buyer
Term
this form of agreement requires the buyer to hire only one agent and will be liable to the agent for a commission if they purchase a home.
Definition
exclusive right to purchase
Term
an agent represents both the buyer and the seller in the same transaction. this requires written informed consent from both parties.
Definition
Dual agency
Term
When two sub agents are both working for the same BIC, one of them works for the seller and the other the buyer. is what kind of agency agreement?
Definition
Designated
Term
two fiduciary duties that never expire after agency is terminated
Definition
accounting and confidentially
Term
a broker acting for both the buyer and the seller in the same transaction.
Definition
dual agency
Term
the relationship of a broker to his client is that of a
Definition
fiduciary
Term
when may an agent divulge client confidential information
Definition
required by law
Term
a sales agent has a client that would like to make an offer on a listing the company has listed. both the seller and the buyer want full representation. This would require a __________ agency agreement
Definition
designated
Term
Agency disclosure requirements apply in all of the following transactions EXCEPT
Definition
Commercial leases
Term
Consent to disclosed dual agency can be withheld by ______ either party before a specific transaction
Definition
either
Term
In SC a buyer's agent ___ offer properties the client has interest in to other potential purchasers
Definition
May
Term
the type of listing agreement that provides for payment of a commission to the broker even thought owner makes the sale without a broker's is is called an
Definition
exclusive right to sell listing
Term
a listing in which a payment of the commission is contingent on the broker's being able to sell the property before the owner can
Definition
Open listing
Term
property that is fixed, immovable and indestructible
Definition
Real
Term
is land and all the things attached to it
Definition
real property
Term
a piece of land including the air above and the earth below, or structures on it.
Definition
Real Estate
Term
an act of attachment can change personal property to
Definition
real property
Term
this type of property may be called, movable, goods, chattel, emblements, and personalty
Definition
Personal
Term
man made additions to the land including buildings, fences, paving, pipelines, bridges, and landscaping
Definition
Improvements
Term
articles which were once personal property but which has now become a part of the real estate because it is permanently attached to the soil or something that is attached to the soil.
Definition
Fixtures
Term
mortgage, tax, special, and mechanic's are types of
Definition
Specific liens
Term
federal tax, state tax, and decedent's debt are the three types of
Definition
general liens
Term
Priority of Liens ensures all liens will be paid off in the order of priority established by ______ and ______
Definition
time, date
Term
The phrase "bundle of legal rights" is properly included in the definition of
Definition
real property
Term
According to law, a trade fixture is usually treated as
Definition
Personalty
Term
Which of the following is NOT properly described by the word "improvement"?
Definition
Trade fixtures
Term
real property can become personal property by
Definition
Severance
Term
Which of the following is NOT a physical characteristic of land?
Definition
Scarcity
Term
36 sections make up a
Definition
township
Term
This legal desription must commence and finish at the same identifiable point.
Definition
Meets and bounds
Term
land is considered to be
Definition
indestructible
Term
certain items installed on a premises by tenants and related to their business are called
Definition
trade fixtures
Term
Which is not considered to be personal property?
Definition
Fixtures
Term
fee simple with executory interest ensures that real restate given for a specific use will always be used for that use. or that land real estate can be
Definition
lost
Term
which has the highest degree of ownership
Definition
fee simple absolute
Term
Kim and Tina bought an investment property and took title as joint tenants. Kim died. Tina now owns the property in:
Definition
Severalty
Term
Ability to regulate the use, zoning laws, to control and categorize land uses enforced through ordances are:
Definition
Police powers
Term
When someone dies without a will or an heir the state will claim the property under this power:
Definition
Escheat
Term
Federal government enabling the state counties to collect funds is:
Definition
Taxation
Term
The government's right to take property as long as it benefits the public and the owner is compensated is called:
Definition
Eminent domain
Term
a rental property has been appraised at $92,500 If the millage rate is 127 mills, what are the property taxes?
Definition
$704.85
Term
What type of tax relief is available under the SC Homestead Exemption for a person who is over the age of 65?
Definition
$50,000 reduction in tax appraised value
Term
In SC a reduction in real property taxes for a personal residence may be available to all but who?
Definition
a 26 year old single parent
Term
the purpose of building permits is to ensure compliance with
Definition
building codes
Term
Deed restrictions are NOT created by which of the following?
Definition
Statutes
Term
An exception to a zoning ordinance is a type of a:
Definition
Variance
Term
The plat for a proposed subdivision is submitted to the
Definition
Municipality
Term
Restrictive covenants that run with the land apply to and bind _________ owners of the property.
Definition
successive
Term
The primary intent of zoning ordinances is to assure that proposed land uses conform with the
Definition
Master plan
Term
The condemnation of private property for public use is allowed under the state's right of:
Definition
eminent domain
Term
Which of the following is NOT an example of public land use control?
Definition
Restrictive covenants
Term
This loan is used to purchase a home and allows you to deduct mortgage interest paid on acquisition indebtedness up to a total of 1.0 million. up to two residences.
Definition
Acquisition debt
Term
This limits you to borrowing up to $100,000 against the _______ of your home, and is used for whatever you want.
Definition
equity
Term
This provides property tax relief for south carolinians who are 65+, legally blind, or permanently disabled. It excludes the first $50K from the fair market value of your legal residence.
Definition
Homestead exemption
Term
during closing to get a lower interest rate deduction points are used, one point equals ____% of the loan amount.
Definition
One
Term
the difference between what you paid for the property and what you received when you sold it.
Definition
capital gains
Term
The income approach to value would be most important in the appraisal of a
Definition
downtown office building
Term
Which is not a characteristic of value?
Definition
Obsolescence
Term
The term depreciation refers to the
Definition
loss of value in real estate from any cause
Term
What is the most important part in the appraisal process?
Definition
highest and best use of the property?
Term
poorly maintained properties in the neighborhood can cause
Definition
external depreciation
Term
It is necessary to calculate a dollar value for depreciation when using which of the following?
Definition
The cost approach
Term
the income approach as used by an appraiser makes use of which of the following?
Definition
capitalization
Term
This approach requires you to calculate the value of the land separately from the value of the improvements.
Definition
the cost approach
Term
analyzing the results obtained from the three approaches to value
Definition
Reconciliation
Term
the gross rent multiplier is used as a guideline for estimating value based on the relationship of
Definition
sale prices to the rental income
Term
an appraiser is responsible for
Definition
estimating vlue
Term
the estimated perlacement cost of the building is used in the ______ approach
Definition
Cost
Term
the sales comparison approach to the value would be most important when estimating the value of a
Definition
existing residence
Term
in the income approach the appraiser makes use of:
Definition
capitalization rate
Term
to find the value of a property using the income approach to value; if the net operating income and capitalization rate were known, the appraiser would:
Definition
divide he net operating income by the capitilazation rate.
Term
the period of time over which an improvement to the property will remain useful for its original purpose is known as its
Definition
chronological life
Term
the appraiser's analysis and comparison of the results of all there appraisal approaches describes:
Definition
reconciliation
Term
in the cost approach an appraiser uses which of the following?
Definition
estimate of the building's replacement cost
Term
the loss of value due to the normal wear and tear on a property is called:
Definition
physical deterioration
Term
an appraisal is needed for a renovated home, which is now being used as a veterinarians office. Which approach to value would be the best?
Definition
Income
Term
amount of a loan compared to the sale price; it can be expressed as a percentage of either value.
Definition
loan to value ratio
Term
______ loans have an Loan to value (LTV) ratio typically ranging from 98.75% to 97.75%
Definition
FHA
Term
_______ loans allow for 100% financing, thus having no LTV requirement.
Definition
V.A.
Term
This fee is charged by the lender for arranging the loan
Definition
origination
Term
No loan will be granted for a purchase without a qualifying
Definition
Title
Term
instead of getting a second distinct mortgage the borrower can pay a new lender who remits the payment on the first mortgage to the mortgage lender. This is called a _______ mortgage
Definition
wrap around
Term
when a mortgage payment is smaller that the interest due and causes the loan to increase rather than decrease.
Definition
Negative amortization
Term
finance both real and personal property together in a loan is called a
Definition
package mortgage
Term
a _________ mortgage allows a developer to purchase land and sell off individual lots, as the lots are sold they will drop off the mortgage
Definition
Blanket
Term
A type of mortgage that is typically one to five years and mortgages when the seller is also the lender the title is required to pass to the buyer at the time of the agreement.
Definition
Purchase Money
Term
an agreement between a buyer and seller whereby the seller finances the sale price of the property on an installment method and retina the title until the obligation is paid in full or until some prearranged time
Definition
Contract for deed, (Installment land contract.
Term
under an installment contract, the title of the property is held by the:
Definition
Vendor
Term
a mortgagor is the one who
Definition
gives a mortgage
Term
a _______ note makes the borrower personally liable for the debt
Definition
Promissory
Term
The fee charged by a mortgage broker to arrange a loan is a loan __________ fee
Definition
origination
Term
An existing mortgage loan can have its lien priority lowered through the use of a
Definition
subordination agreement
Term
the amount of a loan expressed as a percentage of the value of the real estate offered as collateral is the
Definition
Loan to value ration
Term
The purpose of the Real Estate Settlement Procedures Act (RESPA) is to:
Definition
Help borrowers know and understand all their settlement costs.
Term
Fannie Mae:
Definition
Buys FHA loans
Term
This loan to an individual is NOT affected by the truth in lending law under Regulation Z
Definition
Business use
Term
a real estate loan payable in periodic installments that are sufficient to pay the principal in full during the term of the loan is called a:
Definition
fully amortized loan
Term
an extension of credit from a seller to a buyer to allow the buyer to complete the transaction is called a:
Definition
Purchase money mortgage.
Term
Lenders must cease charging for Private Mortgage Insurance (PMI) when the Loan to Value (LTV) reaches
Definition
22%
Term
The type of mortgage loan that uses both real and personal property as security is a
Definition
package mortgage
Term
The type of loan that will most likely have the lowest loan to value ration is a __________ loan
Definition
conventional
Term
Which of the following is active in the secondary mortgage market
Definition
Ginnie Mae
Term
the purpose of a mortgage is to
Definition
provide security for a loan
Term
it is the _______ responsibility to personally verify all information used in marketing.
Definition
Agent's
Term
__________ laws are are government regulated restrictions on how a particular piece of land can be used.
Definition
Zoning
Term
The primary intent of _______ ordinances is to assure the proposed land uses conform with the master plan
Definition
Ordinances
Term
a change can be made to a zoning ordinance with a
Definition
Variance
Term
____________ is a small strip of land used to separate conflicting land/ zone types
Definition
buffer zone
Term
a buyer promising to buy and a seller promising to sell is an example of a _________ agreement
Definition
bilateral
Term
an agreement in which both parties exchange promises for each to do something in the future.
Definition
Bilateral
Term
An agreement to pay in exchange for performance of a task is a ___________ agreement
Definition
unilateral
Term
a contract in which all parties have fulfilled their promises and thus performed the contract
Definition
Executed
Term
a contract which has not been fully fulfilled by one or more of the parties.
Definition
Executory
Term
offer and acceptance, legal consideration, competent parties, and legal purpose; are essential elements of a:
Definition
Valid contract
Term
If the buyer defaulted some time ago on a written contract to the purchase a seller's real estate, the seller can still sue for damages if he is not prohibited from doing so by the:
Definition
Statute of Limitations
Term
what action returns a contract's parties to their position before the contract, including returning of any deposit?
Definition
Rescission
Term
__________ is Not essential to the formation of a contract?
Definition
Performance
Term
When a prospective buyer makes a written purchase offer that the seller accepts, then the buyer received a __________ title to the property
Definition
Equitable
Term
After the buyer and seller have signed a sales contract, the seller changes his mind and defaults. The buyer then may sue him for
Definition
Specific performance
Term
a buyer agency agreement must contain all of the following Except
Definition
notification of intent to cancel after expiration date.
Term
The provision in a listing agreement that gives additional authority to the broker and obligates the broker to distribute the listing to other brokers is a/ an
Definition
Multiple listing clause
Term
Last month broker Wanda took a listing on a property. She now learns that her client have been declared incompetent by the court. Her listing is now:
Definition
Void
Term
to assign a contract or agreement means to
Definition
transfer one's rights under the contract
Term
If a lessee pays some or all of the lessor's property expenses, this would be a
Definition
Net lease
Term
This form of lease allows for automatic increase of decrease in rent
Definition
Graduated
Term
a ___________ lease is typically used in commercial retail establishments. and provides that a percentage of the gross income will be charged as the rental amount.
Definition
Percentage
Term
a ___________ lease requires the pennant to pay part or all of the operational and maintenance costs of the property.
Definition
Net
Term
a __________ lease requires the landlord to pay all operating expenses. Primary used in residential leases.
Definition
Gross
Term
a __________ lease ensures rents are reflective of market conditions and provides for periodic rent increase or decrease
Definition
Index
Term
a __________ lease is an agreement in which a tenant is permitted to develop a piece of property during the lease period. at the end of the lease all improvements will be owned by the property owned
Definition
Ground
Term
a method creditors use to enforce a judgment. When a creditor wins a judgment against a defendant in civil court, and the defendant does not pay the creditor can force sale by filing in court for a execution on property.
Definition
Judicial sale
Term
Counties will auction real estate at a ______ in order to recover diligent monies owed by the current owner.
Definition
tax sale
Term
The processes by which title to another's real property is acquired without compensation by holding the property in a manner that conflicts with the owner's rights for a statutory period of time
Definition
Adverse possession
Term
The gradual and imperceptible addition to land by alluvial deposits of soil through natural causes such as shoreline movement by a river or tide.
Definition
Accretion
Term
the increase in the area of land due to sediment which is deposited by a river
Definition
alluvion
Term
gradual recession of water in a sea or lake leaving permanently dry land.
Definition
Reliction
Term
The sudden movement of soil from one property to another as a result of a flood or shift in the course iof a boundary stream
Definition
Avulsion
Term
When one dies intestate (without a will) and any heirs the property will revert to the state
Definition
Escheat
Term
The buyer will have a ___________ title at the time the contract of sale is ratified
Definition
Equitable
Term
a ________ Title can be granted by deed or will and represents proof of legal ownership of real property
Definition
Legal
Term
a document which list the names of all grantors and grantees that have or had interest in the property
Definition
Chain of title
Term
a condensed history of all grants, conveyances, and judical proceedings affecting title to the property.
Definition
Abstract title
Term
a title to real estate that is free and clear of liens or other title defects; enables the owner to sell the property freely to others
Definition
Marketable
Term
an aceptable piece of evidence that a title is Marketable is a _________ certificate
Definition
Torrent
Term
The title to real estate passes when a valid deed is:
Definition
delivered and accepted
Term
The primary purpose of a deed it to:
Definition
transfer title rights
Term
a special warranty deed differs from a general warranty deed in that the grantor's covenant in the special warranty deed
Definition
applies only to a definite limited time
Term
a third party holds title to property on behalf of someone else through the use of a
Definition
deed in trust
Term
in a real estate transaction, transfer taxes that are due and charged to:
Definition
the parties as agreed in the contract of sale.
Term
real estate that is inherited from a person who dies testate is referred to as a
Definition
devise
Term
The signature of the grantee is ________ not required for a deed to be valid
Definition
Not
Term
The reversion of real estate to the the state because of the lack of heirs or other person's legally entitled to own the property is called
Definition
Escheat
Term
What is the basic purpose of acknowledgment before a notary public in signing a deed?
Definition
To Show the genuineness of the grantor's signature
Term
what is not required when acquiring ownership of property by adverse possession
Definition
Compensation
Term
in the premises paragraph of a deed is a clause that conveys the rights and privileges of ownership. This clause is called the _______ clause
Definition
Granting
Term
number of square feet per acre?
Definition
43,560
Term
number of linear feet per mile?
Definition
5,280
Term
a Deed stamp will cost $3.70 per ________ in sale price
Definition
$1,000
Term
an account set up by the real estate firm who acts as a stakeholder on behalf of the seller, to hold deposit funds
Definition
Trust Acconut
Term
Using public's monies for some purpose other than what it was intended to be used for. illegal
Definition
Conversion
Term
Mixing the publics money with personal or company monies. illegal
Definition
Commingle
Term
a false statement of fact or an action that deceives
Definition
Misrepresentation
Term
Stating an opinion that may exaggerate reality. illegal. make sure what you say is true in your opinion
Definition
Puffing
Term
The civil right's act of 1866 prohibit any limitation of property rights based on:
Definition
Race
Term
The agency responsible for the enforcement of fair housing act is the department of
Definition
housing and urban development
Term
the federal fair housing act does not prohibit discriminating on the basis of
Definition
marital status
Term
the practice whereby mortgage lenders figuratively draw a red line around minority neighborhoods and refuse to make mortgage loans available inside the red lined area
Definition
Redlining
Term
There are no exceptions to fair housing law for
Definition
racial considerations
Term
Guiding prospective homeowners to or away from certain neighborhoods is called
Definition
Steering
Term
Under the federal fair housing act it is illegal to discriminate because:
Definition
has AIDS
Term
People with disabilities have the right that reasonable accommodations be provided to them, under the:
Definition
American's with disabilities act
Term
The provisions of the federal fair housing act apply in ______ states
Definition
All
Term
Statements by a real estate licensee exaggerating the benefits of a property are called
Definition
puffing
Term
When conducting disciplinary hearings for alleged violations, the real estate commission can initiate a temporary
Definition
restraining order
Term
upon determination by the commission that one or more of the grounds for discipline exists, the commission may
Definition
impose a fine between $100 and $1,000.
Term
Activities requiring a real estate license include all of the following EXCEPT for selling a:
Definition
personal mobile home
Term
When a licensee becomes disassociated with a broker in charge or property manager in charge for any reason the BIC or PMIC must notify the commission _____________ and furnish a forwarding address
Definition
immediately
Term
after revocation of a license, a new license may not be issued to the same individual within a period of one year from the date of revocation or at any time thereafter, except
Definition
Upon an affirmative vote of a majority of the members of the commission
Term
someone submitting to the commission satisfactory proof that the person is trustworthy, has a good reputation for honesty and fair dealing, and is competent to transact the business of a real estate licensee. Is attempting to
Definition
seek licensure after a revocation
Term
all licensees must ensure their license is renewed by:
Definition
June 30th every two years
Term
Should a licensee not renew their license by June 30th their license will be:
Definition
Lapsed
Term
Real estate licensing courses in South Carolina are good for
Definition
five years
Term
for a salesman license, one must complete _____ hours of pre license training?
Definition
60
Term
To become a licensed broker in south Carolina one must have _____ years real estate experience and pass the exam
Definition
5
Term
to be licensed as a property manager one must complete how many hours of classroom training?
Definition
30
Term
An applicant who passes the examination must apply for a license with in ________ or the applicant must reapply for and retake the examination
Definition
one year
Term
An individual who at the time of application holds a real estate license in another state or jurisdiction or whose real estate license in another state or jurisdiction expired not more than six months before application is required to only pass the _______ portion of the exam to qualify for a licensure
Definition
State
Term
When applying for a license by reciprocity, non resident licensees must file an irrevocable consent to
Definition
suit
Term
When applying for a license by reciprocity, non resident licensees are not required to maintain a
Definition
place of business in South Carolina
Term
a resident licensee who becomes a non resident must notify the commission in writing within_____ days
Definition
60
Term
As a condition of active license renewal, a broker or salesman shall provide proof of satisfactory completion of ____ hours of continuing education. with ____ hours coving state and federal laws affecting licensees every two years
Definition
8, 2
Term
Brokers or salesmen taking more than the required number of hours during a two year period may carry forward _______ excess hours to another renewal period
Definition
0
Term
Every BIC or PMIC must maintain for a minimum of five years and shall furnish to the department upon request a copy of a
Definition
lease, contract for sale, listing contract, agency agreement
Term
Every BIC or PMIC must maintain for a minimum of ____ years records of all leases, all contracts, statements, and agency agreements.
Definition
5
Term
Security deposits received in the agent's personal rental transaction are not required to be deposited in a trust account
Definition
False
Term
Disputed trust funds can be disbursed in the following way
Definition
written agreement between the parties
Term
Action may be instituted against a real estate licensee by a customer for information contained in the residential property condition disclosure form is the real estate licensee is a signatory to the report
Definition
True
Term
No cause of action may arise against a licensee for failure to disclose the
Definition
location of a registered sex offender
Term
making a intentional misrepresentation in response to a direct inquiry can result in
Definition
disciplinary actions
Term
It is acceptable for a seller to ______________ that would create a desire for the buyer to use his recommended service providers.
Definition
Offer incentives
Term
a resident licensee may pay a part of his commission on a cooperative basis to a licensee of another state if that licensee does not conduct any of the negotiations for which the fee compensation or commission is paid in this state.
Definition
True
Term
If you are representing a seller as a single agency client what forms should be used?
Definition
an agency disclosure brochure and listing agreement
Term
The services you must give to a customer do NOT include
Definition
Confidentiality
Term
Practicing dual agency without the full written knowledge and consent of all parties is:
Definition
a violation of license law
Term
In a designated agency, there are two subagents with ____ client each
Definition
one
Term
for a real estate agent to receive compensation in a transaction from more than one party is acceptable with:
Definition
full knowledge and written consent of all parties
Term
A South Carolina a real estate license is not allowed to guarantee a buyer future ______
Definition
profits
Term
An unlicensed salesman negotiated the sale of real estate. The commission is payable to:
Definition
no one
Term
In south Carolina real estate license law is administered by the South Carolina
Definition
Real Estate commission
Term
________ is not protected under the fair housing laws
Definition
Value
Term
Who makes and enforces al rules by which all licensees must abide?
Definition
SC real estate commission
Term
If convicted of possession and distribution of a controlled substance while out of your state and you then take more than 10 days to report the conviction you have.
Definition
violated the 10 day notice rule and violated the commissions rules.
Term
An agent's license renewal fee has been returned for insufficient funds. The SC Real Estate Commission may:
Definition
take disciplinary actions against the licensee
Term
A licensee may have a license revoked by the SC Real Estate Commission if the licensee
Definition
fails to inform the tenant that the security deposit will be held by the owner of the property , not the management company
Term
the SC fair housing law provides protection from discrimination for all classes EXCEPT
Definition
age
Term
A housing discrimination charge must be filed with the SC Human Affairs Commission within ____ Months
Definition
6
Term
A licensee on inactive status may
Definition
not conduct any real estate activities
Term
With a real estate license you may also
Definition
manage property
Term
When a licensed broker in charge changes his or her place of business the BIC must notify the SC Real Estate Commission within _____ days
Definition
10
Term
In SC Licenses are renewed biennially, by
Definition
June 30th
Term
When a broker in charge has his license suspended for two years, what effect does this have on the associate brokers and sales people affiliated with the BIC?
Definition
Their licenses must be returned to SC Real Estate Commission.
Term
A BIC applies for a branch licensee giving a name that clearly connects his second office to the primary one. The BIC then names a licensed real estate agent as the office manager. Under these facts could the BIC receive approval for the branch office?
Definition
Yes, if the SC Real Estate Commission approves one broker acting as BIC of two offices
Term
In SC a real estate assistant is allowed to compute commission checks, answer advertising questions, prepare and distribute flyers etc. but they cannot hold an
Definition
open house
Term
the office manager for a local real estate firm is responsible for paperwork coordination, preparing forms and advertising and hiring. However they are exempt from
Definition
real estate licensing requirements
Term
Under SC law who is exempt from the continuing education requirements for license renewal?
Definition
a licensee who have completed a property management course.
Term
successfully completing 150 hours of approved real estate courses, being at least 21 years old, and being of good moral character are all requirements for a:
Definition
Brokers License
Term
___ hours of of continuing education are due every two years to maintain your license
Definition
8
Term
Eight hours of continuing education are due every ___ years to maintain your license
Definition
2
Term
a person who employs fewer than 3 agents is required to:
Definition
be a licensed real estate BIC
Term
A BIC allowed her license to lapse what penalties could be incurred?
Definition
A $500 fine and or 6 months imprisonment upon conviction
Term
A licensee who wishes to manage condominiums
Definition
can have a provisional real estate license
Term
A SC real estate sales person may lawfully collect compensation from
Definition
his employing broker only
Term
if a ready, willing ,and able seller accepts the buyer's offer in writing then backs out of the deal, in this situation the Broker is:
Definition
entitled to collect a commission
Term
If a licensee violates a provision of the license law, the licensee may be subject to a temporary
Definition
restraining order
Term
A broker's acting acting for both the buyer and the seller in the same transaction; This would be considered a
Definition
dual agency
Term
the rules of law that apply to the responsibilities of a person who acts as agent for another defines:
Definition
the law of agency
Term
A sales agent has a buyer-client that wishes to put in an offer on a property that the company has listed. Both the seller and the buyer want full representation. Which type of agency would satisfy this request?
Definition
Designated agency
Term
Disclosed dual agency would most likely occur in a company that does not provide
Definition
customer level services
Term
Agency disclosure requirements apply in all of the following transactions EXCEPT
Definition
Commercial leases
Term
Consent to disclosed dual agency can be withheld by either party before a
Definition
specific transaction
Term
A buyer is interested in seeing a house with ALPA realty but does not wish to enter into an agency relationship. A salesperson from BETA realty can show the buyer the house if
Definition
Alpha realty obtains the seller's written consent to sub agency
Term
a seller lists their house with a broker and tell them they want $118,000 whatever the broker can get on top of that will be his commission this type of listing is called a:
Definition
Net listing, illegal
Term
Under which of the following listing agreements can owners of listed property sell the property on their own without having to pay the listing broker a commission?
Definition
Exclusive agency listing and an open listing
Term
A seller and a buyer agree that a property condition disclosure statement need not be completed for a specific transaction. In SC this is
Definition
permitted if both parties agree in writing
Term
What obligations does a broker have to a buyer who wishes to purchase beach property?
Definition
disclose the existence of the SC Coastal Zone Management Act and its possible impact on the property
Term
The salesperson's brother is interested in purchasing a house listed with the agent's company. the sales person
Definition
must disclose the family relationship to the seller.
Term
The agency disclosure form is an information brochure that must be acknowledged in a representation agreement
Definition
True
Term
the Residential Property condition disclosure statement form must be presented to the buyer _____ to ratification of the sales contract.
Definition
Prior
Term
several weeks after a closing an associate broker received a thank you letter with a nice bonus check. If he were to personally cash this check he would be in:
Definition
Violation of SC Real Estate Commission regulations
Term
Upon obtaining a listing, a broker or licensed salesperson is obligated to:
Definition
give the person or persons signing the listing a legible, signed, true, and correct copy.
Term
financial consideration for the use of real property is defined as
Definition
Rent
Term
This tenancies does not involve a lessor-lessee relationship
Definition
tenancy in common
Term
a lessee who pays some or all of the lessor's property expenses has a
Definition
net lease
Term
The principal difference between an estate for years and an estate from year to year is that.
Definition
an estate from year to year has no expiration date
Term
the owner of real estate who leases it to another is called the:
Definition
Lessor
Term
of the essential services that are required by the SC residential landlord and tenant act heat, electricity, and hot water are required however ______________ is not.
Definition
Air conditioning
Term
If a tenant's whereabouts are not known how many days must the landlord wait before declaring abandonment?
Definition
15 days
Term
a tenant vacated the property because the landlord refused to fix the hot water heater. This is called a
Definition
constructive eviction
Term
The onsite property manager for Acme Apartments is responsible for negotiating leases for the apartments, in the position the on site manager must have a
Definition
real estate or property manager's license
Term
If a hot water heater breaks in a tenants apartment the landlord is required to fix it:
Definition
as soon as possible
Term
In SC if a landlord wants to terminate a month to month tenancy, how much notice must the tenant receive?
Definition
30 days
Term
in SC a landlord may terminate the rental agreement if a tenant fails to pay rent within how many days of the scheduled pay date?
Definition
5
Term
security deposits must be returned to the tenant within ____ days and contain a detailed deduction list.
Definition
30
Term
a tenant pays rent and a security deposit both the rent and the security deposit may be kept in the same escrow account
Definition
True
Term
Provisions under the SC Vacation Time Sharing Plan Act require that funds from a time share sale be placed in an
Definition
escrow fund for a certain period
Term
The four unities of possession, interest, time, and title are associated with which of the following?
community property
ownership in severalty
tenants in common
joint tenancy
Definition
joint tenancy
Term
A man owns one of 20 units in a building in a fee simple, along with a 5 percent ownership share in the parking lot, recreation center and grounds. what type of property does he own?
Definition
Cooperative
Term
All of the following can be considered real property except for:
cooperative ownership
ownership in severalty
condominium ownership
tenancy in common
Definition
Cooperative Ownership
Term
in describing the location of real estate the system that mayuse a property's physical features to determine boundaries and measurements is?
Definition
Metes-and-bounds
Term
how many square feet are in one acre?
Definition
43,560
Term
A corporation owns a parcel of land. Under the law its ownership is?
trust
partnership
severalty
survivorship tenancy
Definition
Severalty
Term
The increase of a lots size by the permanent lowering of the adjoining pond levels it?
Definition
Reliction
Term
Personal property becomes real property by the process of
Definition
Annexation
Term
All of the following are characteristics of land except
Location
Immovable
unique
indestructible
Definition
Location, is primarily an economic characteristic
Term
a judgment is a
Definition
General, involuntary, equitable lein
Term
Which of the following is a legal life estate?
Leasehold
free simple absolute
homestead
determinable fee
Definition
Homestead
Term
Which of the following is not a form of co-ownership?
tenancy in common
joint tenancy
community property
tenancy in severalty
Definition
tenancy in severalty
Term
zoning laws are enforced by?
Definition
Ordinances
Term
A parcel of property was purchased by two friends. The deed they received from the seller at closing transferred the property without further explanation. the two took title as?
Definition
Tenants in common
Term
Three people are joint tenants with rights of survivorship in a tract of land. By mutual agreement one of the owners conveys his interest to a third party. What is the current ownership relationship?
Definition
The first two remain joint tenants while the new third party is a separate owner
Term
Every deed must be signed by the:
Definition
Grantor
Term
The grantee receives the greatest protection with which type of deed?
Definition
General warranty deed
Term
What appraisal method uses a rate of investment return?
Definition
Income approach
Term
a home owner constructs a huge pimp ass home in a neighborhood with mostly small houses. the value of this house is MOST likely to be affected by what principal?
Definition
Regression
Term
for appraisal purposes, accrued appreciation is not affected by:
Definition
Accelerated depreciation
Term
functional, physical, and external obsolescence are three types of what?
Definition
Appreciation
Term
a man signed a deed transferring ownership of his house to a woman. To provide evidence that his signature is valid, the man executed a declaration before a notary. This declaration is known as an?
Definition
Acknowledgement
Term
title to real estate may be transferred during a person's lifetime by:
devise
descent
involuntary alienation
escheat
Definition
involuntary alienation
Term
Three types of deed transfers that require the owner to have died are?
Definition
Devise, Descent, Escheat
Term
Devise, Descent, and Escheat are three types of deed transfers that require the owner to ___ _______ in order to transfer ownership
Definition
be dead
Term
Eminent domain and escheat are two types of:
Definition
Involuntary alienation
Term
the market value of a parcel of real estate is?
Definition
an estimate of the most probable price to be achieved
Term
change, contribution, plottage, and substitution are some of the basic principals that affect what aspect of real estate?
Definition
Value
Term
the characteristics of value include which of the following?
scarcity
competition
regression
progression
Definition
Scarcity
Term
The acronym D.U.S.T. describes the characteristics of value and it stands for?
Definition
Demand
Utility
Scarcity
Transferability
Term
A deed contains a guarantee that the frontier will compensate the grantee for any loss resulting from the titles failure in the future. This is an example of which type of covenant?
Definition
Further assurance (assures against loss)
Term
A deed states that the grantors are conveying all their right and interests to the grantees to have and to hold. this is communicated in the:
Definition
habendum clause, meaning to have and hold
Term
Title to real estate can be transferred upon death by what type of document?
Definition
a will
Term
All of the following factors would be important in comparing properties under the sales comparison approach to value EXCEPT differences in?
date of sale
financing terms
appearance and condition
original cost
Definition
Original cost
Term
The Acronym P.I.T.T. stands for?
Definition
Possession
Interest
Time
Title
Term
The our unites of possession, interest, time, and title are associated with which of the following?
community property
ownership in severalty
tenants in common
joint tenancy
Definition
Joint tenancy
Term
A man owns one of twenty units in a building in fee simple, along with 5% ownership share in the parking lot, recreation area, and grounds. What type of property does he own?
Definition
Cooperative
Term
A corporation owns a parcel of land. Under the law its ownership is?
trust
partnership
severalty
survivorship tenancy
Definition
Severalty
Term
All of the following are physical characteristics of land except
location
immovable
unique
indestructible
Definition
Location
Term
a judgment is : ________, __________, __________
Definition
General, involuntary, equitable lien
Term
Which of the following is legal life estate?
leasehold
free simple absolute
homestead
determinable fee
Definition
Homestead
Term
A license should be considered to be a personal:
Definition
Privilege
Term
which of the following is NOT a form of co-ownership?
tenancy in common
joint tenancy
community property
tenancy in severalty
Definition
Tenancy in severalty
Term
Three people are joint tenants with rights of survivorship in a tract of land. By mutual agreement one of the owners conveys his interest to a third party. Which statement is true?

The first two remain joint tenants
the new owner has ownership in severalty
they all become joint tenants
they all become tenants in common
Definition
The first two remain joint tenants
Term
A parcel of property was purchased by two friends. the deed they received from the seller at closing transferred the property without further explanation. The two took title as?
Joint tenants
Tenants in common
Tenants by the entirety
Community property owners
Definition
Tenants in common ( partners )
Term
Who are usually permitted to sell real property for a fee without a license?
Definition
The property owner and registered foresters
Term
Real Estate laws originate with:
Definition
State legislature
Term
The real estate commission has power to:
jail offenders
regulate appraisers
originate laws
fine ans suspend license
Definition
fine and suspend license
Term
(true / False) A first year salesperson may carry out all the duties of a permanently licensed sales person.
Definition
True.
Term
South Carolina real estate people may:
A. place advertisement for any property listed with their firm using their own name.
B. Purchase property listed with their firm if they inform the owner of their potential interest.
C. Sign their own listing agreements
D. Sign their own property management agreements.
Definition
B. Purchase property listed with their firm if they inform the owner of their potential interest.
Term
Any licensee alleged guilty of a violation of license law or rules and regulations:
A. Must automatically resolve the matter in court
B. must pay $500
C. may challenge the allegations in hearings or court.
D. will be imprisoned for a period of up to six months.
Definition
C. may challenge the allegations in hearings or court.
Term
A person may receive a commission for selling real estate when he/ she:
complete the thirty hour course requirement
passes the state licensing exam
receives a pocket license
is notified of a passing score
Definition
receives a pocket license
Term
The real estate commission:
imprison appraisers
revoke and suspend licenses
create rules, regulations and laws
imprison time-share violators
Definition
revoke and suspend licenses
Term
In South Carolina a real estate broker is defined as a person who for a fee or other consideration performs which of the following activities?
Appraise real property
Insures real estate
Lists real property
Sells securities and real estate
Definition
Lists real property
Term
A real estate Broker in Charge must maintain a:
Definition
Place of business
Term
Licenses, other than first year sales are renewable biennially on:
Definition
June 30th
Term
For how long may a licensed sales person/ broker go on inactive status?
Definition
Indefinitely, so long as you keep paying every two years.
Term
Which of the following is true of trust/ escrow accounts?
A. They can be interest bearing
B. only one account can be maintained per company
C. the interest always belongs to the owner of the funds
D. a company with several branches must maintain one central account.
Definition
A. They can be interest bearing
Term
A South Carolina buyer agency agreement must include:

A. an explanation of how the seller will compensate the broker for agency services.
B. the sale price of the property.
C. Signatures of the seller and broker
D. An expiration date.
Definition
D. An expiration date.
Term
In a land contract, the vendee has title to the property during the term of the contract?
Legal
provisional
equitable
defensible
Definition
Equitable
Term
Discount points on a mortgage are computed as a percentage of the:
Selling price
Loan amount
Closing costs
Down payment
double cheese burger
Definition
Loan amount
Term
A contract is said to be bi-lateral if:
Definition
All parties to the contract exchange binding promises
Term
Once both parties have agreed to and signed a contract of sale. the buyer now has _________ interest in the property?
Legal
Equitable
Provisional
Temporary
Definition
Equitable
Term
A buyer signs a contract under which he is given a right to purchase a property for a specified time. Which of the following best describes this agreement?
Contingency
Option
Installment
Sales
Definition
Option
Term
A V.A. loan is a _____________ loan
Definition
guaranteed
Term
In South Carolina loans of _______________ or less are not subject to a prepayment penalty.

$150,000
$165,000
$170,000
$180,000
Definition
$180,000
Term
purchase a home for $250,000 with an 80% LTVR, at closing he pays $7,000 in discount points. How many discount points did he pay?
Definition
3.5
Term
a tax stamp costs $3.70 per $________
Definition
$1,000
Term
All of the information listed below is accurate for a land contract except:

A. In not responsible for real estate taxes on the property
B. Does not pay interest and principal
C. Has possession during the term of the contract
D. Obtains legal title at closing
Definition
D. Obtains legal title at closing
Term
The borrower under a deed of trust is known as the
Trustor
Trustee
Beneficiary
Vendee
Definition
Trustor
Term
Mortgage covenants (contracts) include all of the following EXCEPT:

A. mortgagee right of re entry
B. Make mortgage payments on time
C. keep property insured
D. keep property taxes current.
Definition
B. Make mortgage payments on time
Term
In a lien theory state the buyer receives a __________ at closing
Definition
Legal title
Term
The document in which the borrower pledges to repay the money received for purchasing a home is:

Mortgage note
Equitable note
Promissory note
Lien
Definition
Promissory note
Term
Which of the following is NOT a participant in the secondary market?
Fannie Mae
Ginnie Mae
Credit union
Freddie Mac
Definition
Credit union
Term
What law requires that all mortgage financing terms contain certain disclosures?

A. Equal credit opportunity act
B.fair housing act
C.community reinvestment act
D.truth in lending act (regulation z)
Definition
D.truth in lending act (regulation z)
Term
The south Carolina residential property condition disclosure statement must be presented to a buyer not later than?
Definition
Prior to signing the contract of sale
Term
Subdivision regulations consist of all of the following except:

Utility easements
setback lines
lot and block dimensions
dwelling square footage limitations
Definition
dwelling square footage limitations
Term
Which of the following are usually permitted to sell real property for a fee without a license?
Definition
Owners and registered foresters
Term
Real estate license laws originate with
Definition
State legislature
Term
The real estate commission has the power to
Definition
fine and suspend license
Term
a first year sales person
Definition
may carry out all the duties of a permanently licensed salesperson
Term
a real estate sales person may purchase listed property with their firm if:
Definition
they inform the the owner of their potential interest
Term
Any licensee alleged guilty of a violation of the license law or rules and regulations
Definition
may challenge the allegations in hearings or court
Term
A person may receive a commission for selling real estate when he/ she:
Definition
Receives a pocket license
Term
The real estate commission:
A imprison appraisers
B revoke and suspend licenses
C create rules, regulations, and laws
D imprison time share violators
Definition
B revoke and suspend licenses
Term
In south carolina a real estate broker is defined as a person who for a fee or other consideration, preforms which of the following activities?
Definition
Lists real property
Term
A real estate broker in charge MUST
Definition
maintain a place of business
Term
licenses other than first year sales, are renewable biennially on
Definition
June 30th
Term
For how long may a licensed sales person / broker go on inactive status?
Definition
Indefinitely
Term
Which of the following must be kept in a broker's office for five years?
Definition
all lists and agreements
Term
according to SC law the term Customer most nearly means:
Definition
A person with whom a licensee has not established an agency relationship
Term
regarding the management of real estate offices:
Definition
A broker may be in charge of more than one branch office
Term
What is the proper procedure regarding depositing an ernest money check in a trust/ escrow account:
Definition
Have the BIC deposit it within 48 hours of receipt after acceptance of the offer, excluding Saturday, Sunday and bank holidays
Term
A south carolina buyer agency agreement must include:
Definition
An expiration date
Term
The office policy manual must contain:
Definition
an explanation of procedures, revealing to clients and customers agency status and when a dual agency may be created.
Term
Which of the following would not establish an agency relationship?
Definition
Preforming ministerial acts pertaining to a real estate sales transaction.
Term
In a land contract, the vendee has what title to the property during the term of the contract?
Definition
Equitable
Term
Discount points on a mortgage are computed as a percentage of the
Definition
loan amount
Term
A sales contract is said to be bilateral if:
Definition
All parties to the contract exchange binding promises
Term
Both parties have agreed to and signed a contract of sale. The buyer now has what interest in the property?
Definition
Equitable
Term
A buyer signs a contract under which he is given a right to purchase a property for a specified time. Which of the following best describes this agreement?
Definition
Option
Term
a V.A. Loan is a:
Definition
guaranteed loan
Term
In south carolina loans of ___________ or less are not subject to a pre-payment penalty.
Definition
$180,000
Term
a home us purchased for $250,000 with an 80% LTVR at closing he pays %7,000 in discount points. How many points did he pay?
Definition
3.5
Term
A loan where money is given to the borrower in draws is what the of loan.
Definition
Construction
Term
All of the information listed below is accurate for a land contract except:

A. Is not responsible for real estate taxes on the property
B. does not pay interest and principal
C. has possession during the term of the contract
D. obtains legal title at closing
Definition
D. obtains legal title at closing
Term
The borrower under a deed of trust is known as the:
Definition
Trustor
Term
Mortgagor covenants do not include
Definition
making mortgage payments on time
Term
The mortgagee right of re entry is used during a
Definition
foreclosure
Term
Property taxes on an owner occupied property are $1,600.00 per year. The property sale is closed on june 15th. If property taxes are paid in arrears, how much would the seller be debited at closing. (round year to even 360 days)
Definition
$733.33
Term
in a lien theory state the buyer receives at closing:
Definition
Legal title
Term
The document in which the borrower pledges to repay the money received for purchasing a home is:
Definition
promissory note
Term
a borrower obtains a $100,000 mortgage loan for 30 years at 6% interest. The monthly payment is $575.00 credited first to interest then to principal. What will the balance of the principal be after the borrower makes the first payment?
Definition
$99,925
Term
Which of the following is NOT a participant in the secondary market?
Fannie Mae
Ginnie Mae
Credit Union
Freddie Mac
Definition
Credit union
Term
What law requires that all mortgage financing terms contain certain disclosures?
Definition
Truth in lending Act (regulation Z)
Term
The South Carolina residential property condition disclosure statement must be presented to a buyer not later than?
Definition
Prior to signing the contract of sale.
Term
Subdivision Regulations consist of all of the following except:

A. Utility easements
B. Setback lines
C. Lot and block dimensions
D. Dwelling square footage limitations
Definition
D. Dwelling square footage limitations
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