Principles and Practices of Real Estate II
Final Exam| Questions and Answers|
Board Exam 2025
A seller agrees to sell a property, but during the inspection period, they discover zoning
restrictions that might affect the buyer’s plans. Explain how the buyer's rights could be impacted
and what options they might have under the contract.
The buyer may have the right to withdraw during the contingency period if the property
doesn’t meet their intended use. They could negotiate for a lower price or request modifications
to the zoning restrictions.
A buyer makes an offer contingent on securing financing, but their loan application is denied.
Analyze the implications for the buyer and seller in terms of the contract.
The buyer can withdraw without penalty if financing contingency is in place. The seller,
however, might lose time and need to re-list the property.
A tenant refuses to vacate a property after their lease expires. Propose a legal strategy for the
landlord to regain possession while complying with property law.
The landlord should serve a formal eviction notice and, if necessary, file for unlawful
detainer in court to regain possession legally.
During a real estate transaction, the title company finds a lien on the property. Evaluate the
impact on the closing process and possible solutions.
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Closing might be delayed until the lien is resolved. The seller could pay off the lien,
negotiate with the lienholder, or escrow funds to clear the title.
A seller backs out of a signed contract before closing. Explain the buyer’s potential legal
remedies and the consequences for the seller.
The buyer might sue for specific performance to force the sale or claim damages for breach
of contract, potentially including lost time and costs.
A homeowner discovers that their neighbor’s fence encroaches on their property. Assess the steps
they can take to address the encroachment under property ownership laws.
The homeowner can request a survey, negotiate with the neighbor, or pursue legal action to
have the encroachment removed if no easement exists.
A real estate agent fails to disclose a known defect in the property to the buyer. Analyze the risks
and liabilities the agent might face.
The agent could face legal action for misrepresentation or fraud, potentially losing their
license and being required to pay damages.
A contract includes an "as-is" clause. Explain how this clause affects the buyer’s ability to hold
the seller accountable for property defects.
The clause limits the seller's liability for defects, but undisclosed material issues might still
hold them accountable if proven.
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A property is listed with a dual agency arrangement. Evaluate the potential conflicts of interest
and how they can be mitigated.
Dual agency can create conflicts as the agent represents both parties. Full disclosure and
written consent from both parties can help mitigate risks.
A landlord fails to maintain a rental property, leading to unsafe conditions. Propose the tenant’s
legal options under property laws.
The tenant can report the issue to local authorities, withhold rent, or terminate the lease if the
property is deemed uninhabitable.
A buyer closes on a property and later finds out there’s an undisclosed easement. Assess their
legal options and potential remedies.
The buyer can seek compensation for diminished value, or negotiate to buy out the easement
if it materially affects their property use.
An investor purchases a property but later learns that it’s located in a flood zone. Analyze the
impact on property value and the investor’s responsibilities.
Property value might decrease due to higher insurance costs. The investor must disclose this
to future buyers or tenants and ensure compliance with local regulations.
A seller accepts an offer but receives a higher one before closing. Evaluate the legal implications
of attempting to cancel the original agreement.