SALES AGENT ATTEMPT #2 – TREBS
EXAM PREP 2025 QUESTIONS AND
ANSWERS
Of the following, which are NOT classified as real property?
A. Fixtures
B. Emblements
C. Shrubs planted in the ground
D. Air rights - ANS Rationale: B is the correct answer. Growing crops such as grapes and corn
that are produced annually through labor and industry are deemed to be personal property.
The use of the property could be changed without changing the zoning by using a:
A. Restriction
B. Variance
C. Taking
D. Buffer - ANS Rationale: B is the correct answer. A variance enables a landowner to chance
the use of a property without changing the zoning. Variances may be given for setback
requirements, required number of parking spaces on the property, or minimum square footage
for the lot size. Spot zoning allows a zoning change on only a small area of land.
The basic authority for zoning laws is derived from a state's:
A. Powers of eminent domain
B. Right of taxation
C. Police power
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, D. Escheat - ANS Rationale: C is the correct answer. The basic authority for zoning laws
comes from police powers.
The city builds a park on a strip of land between a residential neighborhood and a shopping
center. The park would be a(n):
A. Easement
B. Commercial zone
C. Residential zone
D. Buffer zone - ANS Rationale: D is the correct answer. A buffer zone is a transitional area of
land between two distinct land use areas. Apartments between residential and commercial
areas are examples of a buffer zone.
Bob owns a small grocery store. The location is going to be zoned and the zoning will be
residential. Bob wants to continue to operate his grocery store. He may apply for:
A. Discrepancy
B. Conditional use
C. Nonconforming use permit
D. Variance - ANS Rationale: C is the correct answer. A structure that is in existence before a
new zoning law is enacted may not be in compliance of the new zoning law. The owner may
apply for a nonconforming use permit and continue to use the building. The building is said to
be "grandfathered" under the nonconforming use permit. The owner of the building may
maintain the building but may not enlarge, remodel, or extend the life of the building. A store
that was in existence before the neighborhood was rezoned residential would be an example of
a "grandfathered" building with a nonconforming use permit.
What type of easement exists in which there is a dominant estate and a servient estate?
A. Easement in gross
B. Easement appurtenant
C. Easement for profit
D. Easement by license - ANS Rationale: B is the correct answer. Land affected or "burdened"
by an easement is called a "servient estate," while the land or person benefited by the
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, easement is known as the "dominant estate." If the easement benefits a particular piece of
land, it is said to be "appurtenant" to the land.
What is indestructability?
A. An economic characteristic of land
B. An area preference of land
C. A physical characteristic of land
D. A permanence of investment in land - ANS Rationale: C is the correct answer. The physical
characteristics of land are immobility, indestructibility, and nonhomogeneity.
Encumbrances include:
A. Easements
B. Encroachments
C. Deed restrictions
D. All of the above - ANS Rationale: D is the correct answer. An encumbrance is a claim or
liability against real estate held by someone other than the fee owner of the property that
affects the title to the property, and therefore its value. It is a burden, obstruction, or
impediment on property that lessens its value or makes it less marketable. Encumbrance is a
broad term used to describe any claim on another person's property.
Jeff has leased a commercial building from Tom, the owner. Jeff has agreed to pay Tom a small
amount of rent and also to pay the property taxes, the insurance on the building and for repairs
to the building. Jeff has a:
A. Periodic estate
B. Net lease
C. Percentage lease
D. Gross lease - ANS Rationale:
B is the correct answer. Often also called a "triple-net lease," the tenant pays monthly rent but
is also responsible for maintenance, repairs, and taxes on the property.
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, An instrument which guarantees against defects in title and conveys title is a:
A. Policy of title insurance
B. Chain of title
C. Warranty deed
D. Deed of trust - ANS Rationale: C is the correct answer. The title policy guarantees against
defects in title but what makes this the deed is "conveys title." Deeds convey title.
When a borrower gets behind on his loan payments, the lender could call for the entire balance
due immediately based on the:
A. Alienation clause
B. Acceleration clause
C. Subordination clause
D. Pre-payment clause - ANS Rationale: B is the correct answer. If a buyer defaults on the
loan, the lender can "accelerate" the note and call it due and payable.
This estate may be terminated by either party. It has no duration limitation.
A. Estate at will
B. Estate from period to period
C. Estate for years
D. Freehold estate - ANS Rationale: A is the correct answer. Estate at will (also called tenancy
at will) gives the right to terminate the lease to both the landlord and the lessee. The
termination of the lease is valid provided that prior notice is issued, and a reasonable time is
provided for by the party that initiated the lease termination.
George hired a general contractor to build an addition to his house. The general contractor
failed to pay the electrical subcontractor for work that was subcontracted to him. May the
subcontractor secure a mechanic's lien on George's house?
A. Yes, because the work was done on George's property.
B. Yes, because a mechanic's lien is a general lien that attaches to all property of the contractor.
C. No, because George did not ask for the lien.
4|P a g e C o p y r i g h t © 2 0 2 5 T H E B R I G H T A L L R I G H T S R E S E R V E D
EXAM PREP 2025 QUESTIONS AND
ANSWERS
Of the following, which are NOT classified as real property?
A. Fixtures
B. Emblements
C. Shrubs planted in the ground
D. Air rights - ANS Rationale: B is the correct answer. Growing crops such as grapes and corn
that are produced annually through labor and industry are deemed to be personal property.
The use of the property could be changed without changing the zoning by using a:
A. Restriction
B. Variance
C. Taking
D. Buffer - ANS Rationale: B is the correct answer. A variance enables a landowner to chance
the use of a property without changing the zoning. Variances may be given for setback
requirements, required number of parking spaces on the property, or minimum square footage
for the lot size. Spot zoning allows a zoning change on only a small area of land.
The basic authority for zoning laws is derived from a state's:
A. Powers of eminent domain
B. Right of taxation
C. Police power
1|P a g e C o p y r i g h t © 2 0 2 5 T H E B R I G H T A L L R I G H T S R E S E R V E D
, D. Escheat - ANS Rationale: C is the correct answer. The basic authority for zoning laws
comes from police powers.
The city builds a park on a strip of land between a residential neighborhood and a shopping
center. The park would be a(n):
A. Easement
B. Commercial zone
C. Residential zone
D. Buffer zone - ANS Rationale: D is the correct answer. A buffer zone is a transitional area of
land between two distinct land use areas. Apartments between residential and commercial
areas are examples of a buffer zone.
Bob owns a small grocery store. The location is going to be zoned and the zoning will be
residential. Bob wants to continue to operate his grocery store. He may apply for:
A. Discrepancy
B. Conditional use
C. Nonconforming use permit
D. Variance - ANS Rationale: C is the correct answer. A structure that is in existence before a
new zoning law is enacted may not be in compliance of the new zoning law. The owner may
apply for a nonconforming use permit and continue to use the building. The building is said to
be "grandfathered" under the nonconforming use permit. The owner of the building may
maintain the building but may not enlarge, remodel, or extend the life of the building. A store
that was in existence before the neighborhood was rezoned residential would be an example of
a "grandfathered" building with a nonconforming use permit.
What type of easement exists in which there is a dominant estate and a servient estate?
A. Easement in gross
B. Easement appurtenant
C. Easement for profit
D. Easement by license - ANS Rationale: B is the correct answer. Land affected or "burdened"
by an easement is called a "servient estate," while the land or person benefited by the
2|P a g e C o p y r i g h t © 2 0 2 5 T H E B R I G H T A L L R I G H T S R E S E R V E D
, easement is known as the "dominant estate." If the easement benefits a particular piece of
land, it is said to be "appurtenant" to the land.
What is indestructability?
A. An economic characteristic of land
B. An area preference of land
C. A physical characteristic of land
D. A permanence of investment in land - ANS Rationale: C is the correct answer. The physical
characteristics of land are immobility, indestructibility, and nonhomogeneity.
Encumbrances include:
A. Easements
B. Encroachments
C. Deed restrictions
D. All of the above - ANS Rationale: D is the correct answer. An encumbrance is a claim or
liability against real estate held by someone other than the fee owner of the property that
affects the title to the property, and therefore its value. It is a burden, obstruction, or
impediment on property that lessens its value or makes it less marketable. Encumbrance is a
broad term used to describe any claim on another person's property.
Jeff has leased a commercial building from Tom, the owner. Jeff has agreed to pay Tom a small
amount of rent and also to pay the property taxes, the insurance on the building and for repairs
to the building. Jeff has a:
A. Periodic estate
B. Net lease
C. Percentage lease
D. Gross lease - ANS Rationale:
B is the correct answer. Often also called a "triple-net lease," the tenant pays monthly rent but
is also responsible for maintenance, repairs, and taxes on the property.
3|P a g e C o p y r i g h t © 2 0 2 5 T H E B R I G H T A L L R I G H T S R E S E R V E D
, An instrument which guarantees against defects in title and conveys title is a:
A. Policy of title insurance
B. Chain of title
C. Warranty deed
D. Deed of trust - ANS Rationale: C is the correct answer. The title policy guarantees against
defects in title but what makes this the deed is "conveys title." Deeds convey title.
When a borrower gets behind on his loan payments, the lender could call for the entire balance
due immediately based on the:
A. Alienation clause
B. Acceleration clause
C. Subordination clause
D. Pre-payment clause - ANS Rationale: B is the correct answer. If a buyer defaults on the
loan, the lender can "accelerate" the note and call it due and payable.
This estate may be terminated by either party. It has no duration limitation.
A. Estate at will
B. Estate from period to period
C. Estate for years
D. Freehold estate - ANS Rationale: A is the correct answer. Estate at will (also called tenancy
at will) gives the right to terminate the lease to both the landlord and the lessee. The
termination of the lease is valid provided that prior notice is issued, and a reasonable time is
provided for by the party that initiated the lease termination.
George hired a general contractor to build an addition to his house. The general contractor
failed to pay the electrical subcontractor for work that was subcontracted to him. May the
subcontractor secure a mechanic's lien on George's house?
A. Yes, because the work was done on George's property.
B. Yes, because a mechanic's lien is a general lien that attaches to all property of the contractor.
C. No, because George did not ask for the lien.
4|P a g e C o p y r i g h t © 2 0 2 5 T H E B R I G H T A L L R I G H T S R E S E R V E D
