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1. A real estate licensee has a buyer agency agreement. What is the
seller in this situation?
A. A client
B. A principal
C. A customer
D. A fiduciary
Answer: C
Rationale: In a buyer agency relationship, the buyer is the
client/principal. The seller is a third party to the transaction and is
considered a customer to whom the agent owes honesty and fairness
but not fiduciary duties.
2. An optionor and an optionee make a contract for an option on a
commercial piece of property. If the optionee decides to exercise his
option, when must he perform?
A. Within 30 days of the decision
B. Within a reasonable time
C. Immediately upon signing the contract
D. He must exercise his option under the terms of the option contract
,Answer: D
Rationale: An option contract is a unilateral contract. The terms for
exercising the option, including the time and method, are strictly
governed by the conditions set forth in the option contract itself.
3. When can a landlord evict a disabled blind or disabled tenant from
the premises?
A. When the landlord needs the unit for a family member
B. When the tenant's disability creates an undue burden
C. If the tenant has loud parties, makes too much noise, and is
constantly disturbing other tenants
D. For any reason with proper notice
Answer: C
Rationale: A landlord cannot evict based solely on disability. However, a
tenant can be evicted for material noncompliance or creating a
nuisance that disturbs other tenants, just like any other tenant.
4. Broker Carr, with ABC Real Estate Company, listed the property with
a seller. Broker Smith, with XYZ Real Estate Company, called Broker
Carr, and disclosed that he was a Buyer Agent. Broker Smith wrote a
contract with a buyer for the sale of the property. What, if any, is the
relationship between the buyer's broker, the seller and the listing
broker?
A. There is not a relationship between the parties. Broker Carr
represents the Seller and Broker Smith represents the Buyer.
B. Broker Smith is a subagent of Broker Carr
C. The seller is a client of both brokers
D. Broker Smith is a dual agent
,Answer: A
Rationale: Each broker represents their respective client. Broker Carr
represents the seller, and Broker Smith represents the buyer. There is
no agency relationship established between the buyer's broker and the
seller.
5. A buyer bought a property without telling the seller of his intended
purpose for the property. The contract contains no contingency
clauses and it is a properly executed contract. After the closing, the
buyer is unable to obtain the zoning he needs for his commercial
project. What is the contract at this stage?
A. Voidable
B. Unenforceable
C. Enforceable
D. Void
Answer: C
Rationale: Since the contract was properly executed and contained no
contingencies regarding zoning or the buyer's intended use, the buyer's
inability to obtain zoning does not affect the validity or enforceability of
the contract. The buyer is bound by the terms.
6. The seller and the buyer finally agreed to a purchase price of
$203,500 with the closing to occur on June 15. The taxes for the year
in the amount of $2,500 have not been paid by the seller. (Taxes are
paid in arrears). How much would the tax proration amount to, and
how would it appear on a full settlement statement? Base your
answer on a 365 day year, and the buyer is responsible for the day of
settlement.
A. $1,130.14 debit the buyer and credit the seller
, B. **$1,130.14 debit the seller and credit the buyer**
C. $1,130.14 debit the seller and credit the seller
D. $1,369.86 debit the seller and credit the buyer
Answer: B
Rationale: Seller owes taxes for Jan 1 – Jun 15 (166 days). $2,500/365 =
$6.8493 per day. $6.8493 x 166 = $1,136.99 (rounded to $1,136.99).
The seller is debited (charged) and the buyer is credited for this amount
since taxes are paid in arrears. Note: Slight variation in calculation
provided in original answer ($1,130.14) likely uses a different day count
(Jan 1 to June 15 = 166 days. 166/365 * 2500 = $1,136.99). The concept
remains the same.
7. A seller listed his home for six months on February 26. On April 29,
a buyer made an offer on the property. The listing broker presented
the offer to the seller on April 30. The seller accepted the offer on May
1, with the closing to occur on June 15. Assuming the closing took
place on June 15, when did the listing expire?
A. August 25
B. August 26
C. June 15
D. May 1
Answer: C
Rationale: The six-month listing period began on February 26. Counting
six months forward brings you to August 26. However, the question asks
when the listing expires based on the closing date provided. Since the
closing occurred on June 15, which is before the expiration date, the
listing effectively expires on the date of closing. The commission would
be earned at closing.