TREBS 2021 Exam Prep Sales Agent
Attempt 3 Questions and Answers35
What does it mean to say that a testator in Texas must be of "legal capacity?"
A. They must be the guardian of a piece of property.
B. They must have the authority to transact business as a special agent.
C. They must be of sound mind and eighteen years of age.
D. They must be a legal alien with residency in Texas. - ANSWERS-Rationale: C is the correct
answer. To have legal capacity means that the testator must be of legal age and good judgment.
The Simons have defaulted on their loan payments and are behind in paying the rest of their
bills, so their home is being sold in a foreclosure auction. Of the many liens against it, which will
have first claim on the proceeds of the sale?
A. The first mortgage recorded
B. Unpaid real estate taxes
C. Mechanics lien
D. Home equity loan - ANSWERS-Rationale: B is the correct answer. Property taxes create the
highest priority lien.
An owner died one month after signing a 6-month exclusive right-to-sell listing. The day after his
death, the listing agent procured a buyer for the full list price. The administrator of the owner's
estate does not wish to sell. Which of the following is a true statement?
A. The buyer can obtain specific performance.
B. The listing broker has earned commission.
C. The listing agent can obtain specific performance.
,D. The administrator need not sell nor is he or she liable for a commission. - ANSWERS-
Rationale: D is the correct answer. The administrator has the authority to sell or not sell the
property.
What is a legal description that starts at the point of beginning, describes the property's
boundaries, and returns to the point of beginning?
A. A lot and block description
B. A metes and bounds description
C. A recorded plat
D. A government survey system - ANSWERS-Rationale: B is the correct answer. Where the
survey starts is called the point of beginning (POB) or point of commencement (POC), and the
survey must always return to the POB to enclose the entire property. The surveyor refers to a
permanent reference mark in relation to the monument. The two are said to be connected by a
connection line. A benchmark is often used as the permanent reference mark. The benchmark
can be an engraved brass disk set in concrete. It gives location as well as elevation.
No two parcels of land are exactly alike because no two parcels can occupy the same position
on the globe. This is known as:
A. Township
B. Section
C. Scarcity
D. Nonhomogeneity - ANSWERS-Rationale: D is the correct answer. Nonhomogeneity is a lack of
uniformity or dissimilarity. Because no two parcels of land are exactly alike, real estate is said to
be nonhomogeneous.
The eaves of a house are over the survey line. This is a(n):
A. Encumbrance
B. Encroachment
C. Easement
,D. Latent defect - ANSWERS-Rationale: B is the correct answer. Anything that "hangs over"
another's property is considered an encroachment.
A hospital is being built in an area that is zoned residential. The hospital will be a benefit to the
public. The exception to the zoning is called a:
A. Discrepancy
B. Conditional use
C. Variance
D. Nonconforming use - ANSWERS-Rationale: B is the correct answer. A conditional use permit
allows the city to consider uses which may be essential or desirable, but which are not allowed
as a matter of right within a zoning district, through a public hearing process. A conditional use
permit can provide flexibility within a zoning ordinance.
John owns a track of land. He divides the land into 2 lots. The lot at the back of the property
does not have access to the street. John must give the owner of the back lot an ____________
across the front lot.
A. Easement by prescription
B. Easement in gross
C. Easement by necessity
D. Acceleration - ANSWERS-Rationale: C is the correct answer. In Texas, property cannot be
landlocked, and the owner of the property must give access to another. This is called easement
by necessity.
An encumbrance affecting the title of a property such as a mortgage on the property is a:
A. Cloud on title
B. Contract
C. Personal rights
D. Bill of sale - ANSWERS-Rationale: A is the correct answer. A mortgage encumbrance would
create a cloud on the title, meaning it "clouds" clear title to the property.
, What is a license to use land?
A. An estate in land
B. A personal privilege given to someone to use land
C. A type of lease
D. Limited to 500 acres - ANSWERS-Rationale: B is the correct answer. A license to use land is a
personal privilege given to someone to use land. It is not ownership in land. An example of a
license to use land could be a ticket to a sporting event or a movie theater.
Deed restrictions are also known as:
A. Covenants, Conditions, and Restrictions
B. CC&Rs
C. Both A and B
D. None of the above - ANSWERS-Rationale: C is the correct answer. Real estate deed
restrictions are written into a property's deed and can take the form of conditions, covenants,
and restrictions (sometimes called "CC&Rs"). The property's past or present owner, developer,
builder, neighborhood, or homeowner's association usually imposes them. Deed restrictions are
usually aimed at ensuring that there is an aesthetic uniformity between your property and
neighboring properties and that certain other activities are limited. Reasons for including these
restrictions may be to maintain the value of a property or to promote good relations within a
residential community.
Jim leased an apartment in Austin. The lease began on March 1 and ended on September 30.
The lease did not automatically renew for another 6 months. The lease is a/an:
A. Periodic tenancy
B. Month-to-month lease
C. Estate for years
D. Estate at sufferance - ANSWERS-Rationale: C is the correct answer. An estate for years is a
lease with a definite beginning date and end date.
Attempt 3 Questions and Answers35
What does it mean to say that a testator in Texas must be of "legal capacity?"
A. They must be the guardian of a piece of property.
B. They must have the authority to transact business as a special agent.
C. They must be of sound mind and eighteen years of age.
D. They must be a legal alien with residency in Texas. - ANSWERS-Rationale: C is the correct
answer. To have legal capacity means that the testator must be of legal age and good judgment.
The Simons have defaulted on their loan payments and are behind in paying the rest of their
bills, so their home is being sold in a foreclosure auction. Of the many liens against it, which will
have first claim on the proceeds of the sale?
A. The first mortgage recorded
B. Unpaid real estate taxes
C. Mechanics lien
D. Home equity loan - ANSWERS-Rationale: B is the correct answer. Property taxes create the
highest priority lien.
An owner died one month after signing a 6-month exclusive right-to-sell listing. The day after his
death, the listing agent procured a buyer for the full list price. The administrator of the owner's
estate does not wish to sell. Which of the following is a true statement?
A. The buyer can obtain specific performance.
B. The listing broker has earned commission.
C. The listing agent can obtain specific performance.
,D. The administrator need not sell nor is he or she liable for a commission. - ANSWERS-
Rationale: D is the correct answer. The administrator has the authority to sell or not sell the
property.
What is a legal description that starts at the point of beginning, describes the property's
boundaries, and returns to the point of beginning?
A. A lot and block description
B. A metes and bounds description
C. A recorded plat
D. A government survey system - ANSWERS-Rationale: B is the correct answer. Where the
survey starts is called the point of beginning (POB) or point of commencement (POC), and the
survey must always return to the POB to enclose the entire property. The surveyor refers to a
permanent reference mark in relation to the monument. The two are said to be connected by a
connection line. A benchmark is often used as the permanent reference mark. The benchmark
can be an engraved brass disk set in concrete. It gives location as well as elevation.
No two parcels of land are exactly alike because no two parcels can occupy the same position
on the globe. This is known as:
A. Township
B. Section
C. Scarcity
D. Nonhomogeneity - ANSWERS-Rationale: D is the correct answer. Nonhomogeneity is a lack of
uniformity or dissimilarity. Because no two parcels of land are exactly alike, real estate is said to
be nonhomogeneous.
The eaves of a house are over the survey line. This is a(n):
A. Encumbrance
B. Encroachment
C. Easement
,D. Latent defect - ANSWERS-Rationale: B is the correct answer. Anything that "hangs over"
another's property is considered an encroachment.
A hospital is being built in an area that is zoned residential. The hospital will be a benefit to the
public. The exception to the zoning is called a:
A. Discrepancy
B. Conditional use
C. Variance
D. Nonconforming use - ANSWERS-Rationale: B is the correct answer. A conditional use permit
allows the city to consider uses which may be essential or desirable, but which are not allowed
as a matter of right within a zoning district, through a public hearing process. A conditional use
permit can provide flexibility within a zoning ordinance.
John owns a track of land. He divides the land into 2 lots. The lot at the back of the property
does not have access to the street. John must give the owner of the back lot an ____________
across the front lot.
A. Easement by prescription
B. Easement in gross
C. Easement by necessity
D. Acceleration - ANSWERS-Rationale: C is the correct answer. In Texas, property cannot be
landlocked, and the owner of the property must give access to another. This is called easement
by necessity.
An encumbrance affecting the title of a property such as a mortgage on the property is a:
A. Cloud on title
B. Contract
C. Personal rights
D. Bill of sale - ANSWERS-Rationale: A is the correct answer. A mortgage encumbrance would
create a cloud on the title, meaning it "clouds" clear title to the property.
, What is a license to use land?
A. An estate in land
B. A personal privilege given to someone to use land
C. A type of lease
D. Limited to 500 acres - ANSWERS-Rationale: B is the correct answer. A license to use land is a
personal privilege given to someone to use land. It is not ownership in land. An example of a
license to use land could be a ticket to a sporting event or a movie theater.
Deed restrictions are also known as:
A. Covenants, Conditions, and Restrictions
B. CC&Rs
C. Both A and B
D. None of the above - ANSWERS-Rationale: C is the correct answer. Real estate deed
restrictions are written into a property's deed and can take the form of conditions, covenants,
and restrictions (sometimes called "CC&Rs"). The property's past or present owner, developer,
builder, neighborhood, or homeowner's association usually imposes them. Deed restrictions are
usually aimed at ensuring that there is an aesthetic uniformity between your property and
neighboring properties and that certain other activities are limited. Reasons for including these
restrictions may be to maintain the value of a property or to promote good relations within a
residential community.
Jim leased an apartment in Austin. The lease began on March 1 and ended on September 30.
The lease did not automatically renew for another 6 months. The lease is a/an:
A. Periodic tenancy
B. Month-to-month lease
C. Estate for years
D. Estate at sufferance - ANSWERS-Rationale: C is the correct answer. An estate for years is a
lease with a definite beginning date and end date.
