TEXAS EXAM QUESTIONS WITH ACCURATE
ANSWERS
Which of the following is a qualification for obtaining a prescriptive easement in Texas? -
Accurate answers Continuous, open, and notorious use of land for a minimum period of 10
years
Adverse possession - Accurate answers To acquire land by adverse possession, an
individual must use the land without the owner's permission for a period of three to twenty-
five years, as applicable to the case.
Deeds of conveyance should be recorded within what period of time after closing? - Accurate
answers Within a reasonable time
How much notice must a landlord give a delinquent tenant, in writing, before filing an action to
evict? - Accurate answers 3 days
Which of the following is true of income earned by separate property in Texas? - Accurate
answers All earnings from community property and separate property are presumed to be
community property.
In Texas, couples can legally partition property and arrange for certain income to be separate,
but given that Texas is a community property state, income from community property and
separate property is generally (in the absence of legal action) presumed by Texas law to be
community property.
By what date must the current year's real estate taxes be paid in order to avoid a penalty and
interest on the taxes? - Accurate answers By January 31 of the next year
Prior to issuance of an inspector's license, a newly approved inspector must remit what amount
to the Real Estate Inspection Recovery Fund? - Accurate answers $10
A fee of $10 is collected by the commission prior to issuing an inspector's license; in the case
that the Real Estate Inspection Recovery Fund balance falls below $300,000 on Dec. 31 of any
year, each licensee may be charged a share of not more than $75 to restore the minimum
balance of the fund.
The Texas Real Estate Commission retains which of the following powers? - Accurate answers
The power to probate, suspend, or revoke a license or reprimand or place on probation a
licensee for a violation of the Act or a rule of the commission
,In judging whether previous felony or misdemeanor offenses committed by a candidate for
licensure would render the candidate incapable of acting on behalf of others with honesty,
trustworthiness, and integrity, the commission may take into account all of the following pieces
of evidence EXCEPT which one? - Accurate answers A comprehensive independent audit
of the candidate's financial status to ensure suitability as a fiduciary
a licensee found to be in violation of the Act, has been ordered to pay an administrative penalty
of $1,000. Tammy has 30 days to: - Accurate answers Pay the penalty, stay the penalty, or
contest the decision
Not later than the 30th day after the date the commission's order becomes final, Tammy has to
either pay the administrative penalty in full or stay the penalty by paying the amount to the
administrator to be placed in escrow or by paying the amount in supersedeas bonds approved
by the administrator. If Tammy is financially unable to pay the penalty, she can file an affidavit
stating that she is financially unable to either pay the penalty or to pay the amount in
supersedeas bonds. Alternatively, Tammy could file a petition for judicial review with a district
court contesting either the violation, the penalty, or both.
Which of the following is NOT true of an easement along the Gulf Intracoastal Waterway? -
Accurate answers If no clearly marked natural vegetation line exists, there is no easement
The public has acquired a right of use or easement to or over the area of any public beach; the
easement is generally marked by a boundary of natural vegetation. When no clearly marked
natural vegetation line is visible, the landward boundary of the easement is as provided by
Sections 61.016 and 61.017 of the Natural Resources Code (nearest clearly marked line, line of
constant elevation, or line of average elevation on each side of unmarked area -- no further
inland than 200 feet from seaward line of mean low tide). Structures built seaward of the
vegetation line or that become seaward through the natural processes of shoreline erosion may
be subject to a lawsuit by the State of Texas to remove the structures.
Estimating the value of a house by taking the reproduction or replacement cost of the building,
minus depreciation, plus the value of land would be classified as what type of approach to
valuation? - Accurate answers The cost approach
A cost approach to estimating value takes into account the current construction costs for
reproduction or replacement, less depreciation, plus land value. Reproduction is defined as
, creating a replica whereas replacement is defined as producing improvements of equal utility.
The cost approach is the only approach that can be applied to all types of construction, and it
can be highly useful in markets with a dearth of comparables.
Mortgage "discount" points only apply if which of the following conditions are met? -
Accurate answers
Which of the following is created when possession and title do not occur at the same time? -
Accurate answers Interim Occupancy Agreement
A contract which, according to the Statute of Frauds, must be in writing in order to maintain a
court action for enforcement is: - Accurate answers Any agreement which is not to be
performed within one year.
If a person obtains a contract through duress, that contract is: - Accurate answers
voidable
All of the following are essentials of each and every contract, except: - Accurate answers
Proper writing
A valid contract does not necessarily have to be in writing, nor does it necessarily have to
require performance to be valid. The four essentials are mutual consent, lawful object, capable
parties and consideration.
To assign a contract for the sale of real estate means to: - Accurate answers Transfer one's
rights under the contract.
An assignment of contract occurs when one party to an existing contract (the "assignor") hands
off the contract's obligations and benefits to another party (the "assignee"). Ideally, the
assignor wants the assignee to step into his shoes and assume all of his contractual obligations
and rights.
Any advance fee contract used in connection with a real estate or business opportunity listing
must include all of the following except: - Accurate answers A guarantee that the sale,
lease or exchange will be completed;
Which of the following is necessary for a real property conditional installment sales contract to
be valid?' - Accurate answers Consideration, offer and acceptance, lawful object,
competent parties, legally sufficient writing.
ANSWERS
Which of the following is a qualification for obtaining a prescriptive easement in Texas? -
Accurate answers Continuous, open, and notorious use of land for a minimum period of 10
years
Adverse possession - Accurate answers To acquire land by adverse possession, an
individual must use the land without the owner's permission for a period of three to twenty-
five years, as applicable to the case.
Deeds of conveyance should be recorded within what period of time after closing? - Accurate
answers Within a reasonable time
How much notice must a landlord give a delinquent tenant, in writing, before filing an action to
evict? - Accurate answers 3 days
Which of the following is true of income earned by separate property in Texas? - Accurate
answers All earnings from community property and separate property are presumed to be
community property.
In Texas, couples can legally partition property and arrange for certain income to be separate,
but given that Texas is a community property state, income from community property and
separate property is generally (in the absence of legal action) presumed by Texas law to be
community property.
By what date must the current year's real estate taxes be paid in order to avoid a penalty and
interest on the taxes? - Accurate answers By January 31 of the next year
Prior to issuance of an inspector's license, a newly approved inspector must remit what amount
to the Real Estate Inspection Recovery Fund? - Accurate answers $10
A fee of $10 is collected by the commission prior to issuing an inspector's license; in the case
that the Real Estate Inspection Recovery Fund balance falls below $300,000 on Dec. 31 of any
year, each licensee may be charged a share of not more than $75 to restore the minimum
balance of the fund.
The Texas Real Estate Commission retains which of the following powers? - Accurate answers
The power to probate, suspend, or revoke a license or reprimand or place on probation a
licensee for a violation of the Act or a rule of the commission
,In judging whether previous felony or misdemeanor offenses committed by a candidate for
licensure would render the candidate incapable of acting on behalf of others with honesty,
trustworthiness, and integrity, the commission may take into account all of the following pieces
of evidence EXCEPT which one? - Accurate answers A comprehensive independent audit
of the candidate's financial status to ensure suitability as a fiduciary
a licensee found to be in violation of the Act, has been ordered to pay an administrative penalty
of $1,000. Tammy has 30 days to: - Accurate answers Pay the penalty, stay the penalty, or
contest the decision
Not later than the 30th day after the date the commission's order becomes final, Tammy has to
either pay the administrative penalty in full or stay the penalty by paying the amount to the
administrator to be placed in escrow or by paying the amount in supersedeas bonds approved
by the administrator. If Tammy is financially unable to pay the penalty, she can file an affidavit
stating that she is financially unable to either pay the penalty or to pay the amount in
supersedeas bonds. Alternatively, Tammy could file a petition for judicial review with a district
court contesting either the violation, the penalty, or both.
Which of the following is NOT true of an easement along the Gulf Intracoastal Waterway? -
Accurate answers If no clearly marked natural vegetation line exists, there is no easement
The public has acquired a right of use or easement to or over the area of any public beach; the
easement is generally marked by a boundary of natural vegetation. When no clearly marked
natural vegetation line is visible, the landward boundary of the easement is as provided by
Sections 61.016 and 61.017 of the Natural Resources Code (nearest clearly marked line, line of
constant elevation, or line of average elevation on each side of unmarked area -- no further
inland than 200 feet from seaward line of mean low tide). Structures built seaward of the
vegetation line or that become seaward through the natural processes of shoreline erosion may
be subject to a lawsuit by the State of Texas to remove the structures.
Estimating the value of a house by taking the reproduction or replacement cost of the building,
minus depreciation, plus the value of land would be classified as what type of approach to
valuation? - Accurate answers The cost approach
A cost approach to estimating value takes into account the current construction costs for
reproduction or replacement, less depreciation, plus land value. Reproduction is defined as
, creating a replica whereas replacement is defined as producing improvements of equal utility.
The cost approach is the only approach that can be applied to all types of construction, and it
can be highly useful in markets with a dearth of comparables.
Mortgage "discount" points only apply if which of the following conditions are met? -
Accurate answers
Which of the following is created when possession and title do not occur at the same time? -
Accurate answers Interim Occupancy Agreement
A contract which, according to the Statute of Frauds, must be in writing in order to maintain a
court action for enforcement is: - Accurate answers Any agreement which is not to be
performed within one year.
If a person obtains a contract through duress, that contract is: - Accurate answers
voidable
All of the following are essentials of each and every contract, except: - Accurate answers
Proper writing
A valid contract does not necessarily have to be in writing, nor does it necessarily have to
require performance to be valid. The four essentials are mutual consent, lawful object, capable
parties and consideration.
To assign a contract for the sale of real estate means to: - Accurate answers Transfer one's
rights under the contract.
An assignment of contract occurs when one party to an existing contract (the "assignor") hands
off the contract's obligations and benefits to another party (the "assignee"). Ideally, the
assignor wants the assignee to step into his shoes and assume all of his contractual obligations
and rights.
Any advance fee contract used in connection with a real estate or business opportunity listing
must include all of the following except: - Accurate answers A guarantee that the sale,
lease or exchange will be completed;
Which of the following is necessary for a real property conditional installment sales contract to
be valid?' - Accurate answers Consideration, offer and acceptance, lawful object,
competent parties, legally sufficient writing.
