ESCROW SAMPLE TEST – UTAH | 100
QUESTIONS | WITH COMPLETE
SOLUTIONS 2026 VERIFIED A+
◉ What do you always ask people in your first encounter?.
Answer: Are you currently being represented by an agent?
◉ Informed Consent.
Answer: Be aware of all facts regarding a transaction and the
relationship. (It's a good idea to contact both buyer and seller) Also
check for limited agency.
◉ Express Agreement.
Answer: All terms have been discussed and agreed upon whether
verbally or by writing. The terms must include consideration. (This is a
contract expressed in writing or speaking)
◉ Implication.
Answer: Occurs when someone benefits from the work of another
person without any official agreement. The terms are not yet set. (This is
like when you go to the store to buy food, you don't speak... It's implied
that you will pay)
◉ Real Property or Real Estate.
Answer: Land and everything that is affixed to it. Air above and water
associated.
,◉ Land.
Answer: The surface, the depths, the sky above. Must be immovable,
indestructible, and non-homogeneous.
◉ Personal property (chattel).
Answer: Anything not permanently attached to the land
◉ Bundle of rights.
Answer: Possession
Use
Transfer
Encumber
Exclude
◉ Right of posession.
Answer: Property control (adverse possession: illegal claim to land)
◉ Right of use.
Answer: You can use the land how you want to! (Within legal lines)
◉ Right to transfer.
Answer: The right to sell the property or rights on it such as water, air,
or mineral rights.
,◉ Right to encumber.
Answer: You can use your property as collateral for debt or allow liens
on the property.
◉ Lien.
Answer: Right to keep a persons property until they pay back a debt
owed to you.
◉ Right to exclude.
Answer: You can prohibit others from using the property.
◉ Surface rights.
Answer: Rights applying to the surface of a property. Include: ground,
permanent attachments, water, and other.
◉ Subsurface rights.
Answer: The rights to what lies below the property all the way to the
core of the earth. Include: Mineral, oil, and gas as well.
◉ Air rights.
Answer: The rights to space above the property extending upward
FOREVER. Often cause trouble for airline pilots.
, ◉ Improvements.
Answer: Additions to the land that increase the value of the land.
Example: a house
◉ Fixtures.
Answer: Items that were once personal property, but have been
converted to real property by process of attachment. Are included in the
sale price unless otherwise specified.
◉ Trade fixtures.
Answer: Brought by a tenant and typically removed at the end of a lease.
If not removed they become property of the owner.
◉ Intention.
Answer: What was the original intent of the item? Does it stay in the
apartment or is it personal property?
◉ Adaption.
Answer: If an item is custom made for a specific property it usually
becomes part of the real property. Example: house keys
◉ Functionality.
Answer: Anything vital to the operation of a building may be considered
a fixture. Example: swamp cooler (adds comfort, but is not necessary)
QUESTIONS | WITH COMPLETE
SOLUTIONS 2026 VERIFIED A+
◉ What do you always ask people in your first encounter?.
Answer: Are you currently being represented by an agent?
◉ Informed Consent.
Answer: Be aware of all facts regarding a transaction and the
relationship. (It's a good idea to contact both buyer and seller) Also
check for limited agency.
◉ Express Agreement.
Answer: All terms have been discussed and agreed upon whether
verbally or by writing. The terms must include consideration. (This is a
contract expressed in writing or speaking)
◉ Implication.
Answer: Occurs when someone benefits from the work of another
person without any official agreement. The terms are not yet set. (This is
like when you go to the store to buy food, you don't speak... It's implied
that you will pay)
◉ Real Property or Real Estate.
Answer: Land and everything that is affixed to it. Air above and water
associated.
,◉ Land.
Answer: The surface, the depths, the sky above. Must be immovable,
indestructible, and non-homogeneous.
◉ Personal property (chattel).
Answer: Anything not permanently attached to the land
◉ Bundle of rights.
Answer: Possession
Use
Transfer
Encumber
Exclude
◉ Right of posession.
Answer: Property control (adverse possession: illegal claim to land)
◉ Right of use.
Answer: You can use the land how you want to! (Within legal lines)
◉ Right to transfer.
Answer: The right to sell the property or rights on it such as water, air,
or mineral rights.
,◉ Right to encumber.
Answer: You can use your property as collateral for debt or allow liens
on the property.
◉ Lien.
Answer: Right to keep a persons property until they pay back a debt
owed to you.
◉ Right to exclude.
Answer: You can prohibit others from using the property.
◉ Surface rights.
Answer: Rights applying to the surface of a property. Include: ground,
permanent attachments, water, and other.
◉ Subsurface rights.
Answer: The rights to what lies below the property all the way to the
core of the earth. Include: Mineral, oil, and gas as well.
◉ Air rights.
Answer: The rights to space above the property extending upward
FOREVER. Often cause trouble for airline pilots.
, ◉ Improvements.
Answer: Additions to the land that increase the value of the land.
Example: a house
◉ Fixtures.
Answer: Items that were once personal property, but have been
converted to real property by process of attachment. Are included in the
sale price unless otherwise specified.
◉ Trade fixtures.
Answer: Brought by a tenant and typically removed at the end of a lease.
If not removed they become property of the owner.
◉ Intention.
Answer: What was the original intent of the item? Does it stay in the
apartment or is it personal property?
◉ Adaption.
Answer: If an item is custom made for a specific property it usually
becomes part of the real property. Example: house keys
◉ Functionality.
Answer: Anything vital to the operation of a building may be considered
a fixture. Example: swamp cooler (adds comfort, but is not necessary)
