EXAMINATION QUESTIONS SOLVED
a. Failing to include a termination date in an exclusive listing agreement
b. Failing to include a termination date in an open listing agreement
c. Keeping trust funds from different clients in a single trust account
d. Basing a commission amount on the property's selling price. Answer:
a. Failing to include a termination date in an exclusive listing agreement
Explanation: Failure to include a termination date in an exclusive listing
agreement is a violation of the Real Estate Law, so the broker could be
subject to disciplinary action.
◉ On Thursday, Angie decided to accept Harry's counteroffer for the
purchase of his house. She signed the counteroffer and placed it in the
mail. On Friday, Harry decided that he had asked too low a price for the
house, so he faxed Angie stating that the counteroffer was withdrawn.
On Saturday, Harry received Angie's acceptance in the mail. Under the
mailbox rule, which of the following is true?
,a. Harry withdrew his offer, so no contract was formed
b. Harry did not withdraw his counteroffer in time, so a contract was
formed
c. Harry may not make a counteroffer
d. Harry's withdrawal was ineffective since it was not in writing.
Answer: b. Harry did not withdraw his counteroffer in time, so a
contract was formed
Explanation: Angie's acceptance was placed in the mail before Harry
communicated his revocation of the counteroffer. If the mailbox rule
applies, as in this scenario, this means that Angie's acceptance was
effective and a binding contract was formed. (Note that some
commonly-used purchase agreements state that the mailbox rule does
not apply.)
◉ All of these are typical tasks that an unlicensed real estate assistant
may do, except:
a. negotiating counteroffers
b. maintaining transaction files
,c. greeting visitors at open houses
d. answering phones. Answer: a. negotiating counteroffers
Explanation: Real estate assistants are commonly responsible for
maintaining files, answering phones, and assisting with open houses.
The task of negotiating a counteroffer must be left to a licensee.
◉ Which of these factors would tend to lower overall property values
most in a single-family residential neighborhood?
a. Construction of smaller and less valuable homes
b. Homogeneity in socioeconomic levels
c. Small changes in zoning laws
d. Purchase of existing homes by first-time buyers. Answer: a.
Construction of smaller and less valuable homes
Explanation: The introduction of less valuable homes into a
neighborhood tends to lower the value of the more expensive homes.
, ◉ One of the legal obligations of a seller's agent is providing a copy of
the seller's transfer disclosure statement to:
a. the county recorder
b. the listing brokerage and all its agents
c. the multiple listing service
d. the buyer. Answer: d. the buyer
Explanation: The seller's agent is responsible for providing a copy of the
transfer disclosure statement to a buyer.
◉ Which California law prohibits discrimination by business
establishments in general?
a. Fair Employment and Housing Act
b. Housing Financial Discrimination Act
c. Unruh Civil Rights Act
d. Real estate license law. Answer: c. Unruh Civil Rights Act