Real Estate Questions

Front 1

A property owner pays the prime contractor and obtains his or her lien waiver

Back 1

The owner may be liable for unpaid material supplies and subcontractors, unless the period for filing has expired

Front 2

Albert leased property to Brian, Brian gave Charles an easement over the property. At the end of the lease

Back 2

Charles's right cease, easement subject to lessee's rights

Front 3

Albert leased property to Brian. Brian gave Charles an easement over the property. At the end of the lease

Back 3

Charle's rights cease, easement subject to lesee's rights

Front 4

An instrument that would be incorporated by reference in a deed would most likely be

Back 4

A declaration of restrictions, recorded by the developer and reference in deeds

Front 5

A married person cannot file a declaration of Homestead on property he or she owns:

in severalty,

as a tenant in common,

as a joint tenant,

none of these

Back 5

None of these, can file regardless of form of ownership

Front 6

Quinton buys an unfinished house and intends to complete the work himself. He should be concerned with:

whether he has an extended policy of title insurance or merely a standard policy,

whether a notice of cessation was filed,

whether the seller provided lien waivers from all mechanics and material suppliers,

all of these

Back 6

All of these

Front 7

A homestead cannot be obtained a:

Unmarried person,

husband on a vacnt 10 acre parcel,

wife without her husband's permission,

person over 65 years of age

Back 7

Husband on a vacant 10 acre parcel, must decide on the property

Front 8

Action for removal of a permanent encroachment must be taken

Back 8

Within 3 years of the encroachment, after that period It can remain

Front 9

Jackie cleans and grades a lot for construction. The lot owner then obtains a loan and builds. Troy a painter is the last one to finish the job and isn't paid.

Back 9

If Troy files a lean, his rights are superior to those of the lender. All liens go back to the commencement of work.

Front 10

Darrell sells emily a farm, reserving the mineral rights. Their wishes to tap a pool of oil under the middle of the farm.

Back 10

Darrell has an implied easement to enter and drill

Front 11

Anne gives an easement over her land to Boris so he can get to his land. The Easement is recorded. Boris then buys and land and sell it to Carol making no mention of the easement. Boris does not use the easement for 5 years but when he later wishes to use it Carol objects.

Back 11

The easement was lost when Boris purchased Anne's land, lost by merger

Front 12

A covenant in Norman's deed prohibits him from keeping more than three dogs. Norman built a commercial kennel. His neighbor would most likely

Back 12

Obtain an injunction, an order to cease

Front 13

Homestead property is sold by court order. The first disbursement would be

Back 13

To the holder of the senior in conference secured by the home, secured creditors are paid first

Front 14

An unrecorded homestead declaration is

Back 14

Void, homesteads, judgments, and mechanics liens must be recorded

Front 15

Land having a Servient tenement has:

an encumberance,

A cloud on its title,

an appurtenance,

none of these

Back 15

An encumbrance, subject to use by another

Front 16

Deed restrictions are created by

Back 16

Grantors, in their grants

Front 17

A person can lose his or her homestead by

Back 17

Selling it, a homestead is lost by sale

Front 18

A search of records would always show

Back 18

A mechanics lien, must be recorded

Front 19

A neighbor feeds her pigeons and has attracted hundreds to the area, so you are unable to enjoy your patio. An action you might consider would be to ask the court for a

Back 19

Injunction, to cease activity

Front 20

Generally the final payment on a construction loan will be given to the builder on

Back 20

The expiration of the lien period

Front 21

A man is injured in his neighbor's swimming pool. He sues the neighbor for negligence and obtains a lien. The lien is : a specific clean,

a mechanics lien,

none of the above,

all of the above

Back 21

None of the above, a judgment is a general lien

Front 22

Deed restrictions based on race are

Back 22

Void, they have no effect

Front 23

As to encumbrances which of the following is true?

Encumbrances do not affect value,

beneficial restrictions can be encumberances,

all encumbrances must be recorded,

none of these

Back 23

Beneficial restrictions can be encumberances, such as CC and R's

Front 24

A lien on property can be created by

Back 24

Improver of property for the value of his or her improvements, mechanics lien

Front 25

To get rid of a nuisance, a homeowner would ask the court for a

Back 25

Abatement, abate a nuisance

Front 26

Gilbert would post a notice of non responsibility if

Back 26

His tenant makes Repair, within 10 days of discovery

Front 27

The difference between mechanics liens and judgment liens is

Back 27

Mechanics liens are based upon statutory rights , judgements based on court decisions

Front 28

An easement created by reservation

Back 28

Is not lost by non use and

has no time limitation unless stated

Front 29

The phrase "to be recorded it must be verified" refers to a

Back 29

Mechanics lien, the lienholder swears to the truth of the facts

Front 30

The priority of mechanics liens over trust deed and foreclosure situations would be determined by

Back 30

Date of commencement of work, all go back to the first work

Front 31

An easement that is personal Whitby

Back 31

An easement in gross, it doesn't go with the land

Front 32

To obtain easement by prescription one must

Back 32

Use the property, the person does not have to occupy the property

Front 33

As to restrictions which of the following is true?

zoning restrictions are public restrictions,

restrictive covenants are private restrictions

common restrictions may be created by subdivider,

all of these

Back 33

All of these

Front 34

A person may not file a declaration of homestead if

Back 34

The premises are not occupied at the time of filing

Front 35

An easement by prescription will be lost by

Back 35

Non use for 5 years,

merger of ownership of the easement and property interests,

a quitclaim deed granted by the holder to the ancient tenement owner

Front 36

As to easmeants which of the following is false?

easements must be recorded for the holder to have any rights against subsequent purchasers,

all easements are encumbrances yet not all encumbrances are easements,

an easement doesn't necessarily run forever,

all of these

Back 36

Easements must be recorded for the holder to have any rights against subsequent purchasers, an easement by prescription is not recorded

Front 37

A property owner pays a general contractor in full and files a Notice of Completion

Back 37

Unpaid subcontractors, workers, and materials suppliers can file their liens up to 30 days after the owner files a Notice of Completion

Front 38

After filing Notice of Completion, a property owner should wait ___ days before paying the prime contractor

Back 38

30, subcontractors have 30 days to file

Front 39

A homestead was inadvertently filed in the wrong County. The

Back 39

Homestead declaration is void, same as not recorded

Front 40

Which of the following is not a concervation easement?

a solar easement,

a prohibition against future development,

a requirement that the land remain in its present state,

a negative easement that prohibits the landowner from change in land use

Back 40

Solar easement

Front 41

Alex uses Barbara's land continuously and exclusively for 30 years with Barbara's permission.

Alex can get title by quiet title action,

Alex can get an easement by quiet title action,

none of the above,

all of the above

Back 41

None of the above, alex has a license

Front 42

Mechanics liens are based on

Back 42

The California Civil Code, statutory law

Front 43

The easement of a utility company that prohibits a property owner from building over a gas line would be

Back 43

In gross and negative, it has no dominant tenement and is prohibited

Front 44

The sheriff's seizure of property prior to judgment is known as

Back 44

An attachments,

Front 45

An attachment is a lien on property for

Back 45

3 years from the date of levy

Front 46

Which of the following is a proper order of events?

Execution, judgment, attachment

Judgment, attachment, execution

Attachment, judgment, execution

Judgment, execution, attachment

Back 46

Attachment, judgment, execution

Front 47

A deed provided for easement for access but failed to locate the easement. In this case

Back 47

The ancient tenement holders can specify a particular area, must be reasonable

Front 48

Albert file a homestead exemption then built an addition to his house. Albert did not pay Baker his contractor. If Baker file a lien

Back 48

The lien is enforceable, Homestead does not protect against voluntary liens

Front 49

When there are multiple mechanics liens filed, how is a lien priority determined?

By date of starting work,

by date of recording,

By lien amount,

none of the above

Back 49

None of the above, mechanics liens Share equal priority

Front 50

How many days does an owner have to file a notice of completion after completion for the notice to be effective

Back 50

10 days

Front 51

An easement appurtenant granted to Alex failed to state term of easement. How long does the easement last?

Back 51

Forever, easement by Grant is forever unless stated otherwise

Front 52

A property is encumbered. It is

Back 52

Leased, lease encumbers owners use

Front 53

Use of the term realtor by a Licensee not authorized to do so could result in

Back 53

It is a trade name:

Suit by the National Association of Realtors,

suspension of license,

revocation of license

Front 54

A property owner suffers a loss because of a fraudulent misrepresentation of a broker the owner should

Back 54

Sue the broker for damages, if a judgment is entered into and it is uncollectible then the owner can go to the recovery Fund

Front 55

Commingling is the reason more licenses are revoked than any other. Which of the following is an example of commingling?

Holding a deposit check uncashed priority acceptance at the direction of the buyer,

holding deposit check uncashed after acceptance at the direction of the seller,

holding a deposit check uncashed at your own discretion,

all of these

Back 55

Holding a deposit check uncashed at your own discretion

Front 56

A broker who is on the City Planning Commission tell some friends about it advantageous deal based on confidential plans to change the zoning. The broker does not personally benefit in any way. The brokers action

Back 56

Is unethical and

places his license in jeopardy

Front 57

The Real Estate Commission conducts hearing in accordance with the

Back 57

Administrative Procedures Act

Front 58

Under the Business and Professions Code which of the following is not grounds for revocation of license?

Making a single false promise of a character likely to induce of buyer,

Acting for more than one party to a transaction with the consent of all parties,

commingling only ones own funds with money of others held by him or her,

none of these

Back 58

Acting for more than one party to a transaction with the consent of all parties, with consent is dual agencies

Front 59

The first action of the real estate Commissioner, prior to disciplinary action against a licensee would be

Back 59

An accusation

Front 60

The real estate law comes from

Back 60

The state legislature

Front 61

The Commissioner's regulations

Back 61

Have the effects of law, their purpose is to carry out the law

Front 62

Penny sues a licensee for damages resulting from dishonest conduct in a real estate dealing. The maximum she can collect is

Back 62

Unlimited, there is no limit as to what she can obtain from the licensee . the limit is the liability of fund

Front 63

A property owner told the broker that the house is connected to the sewer. The broker release this information to the buyer who later finds that the house has a septic system in need of repair. To buyer would probably sue

Back 63

The broker and the owner, although the broker may not be liable

Front 64

An agent may disobey instructions of the agents principal

Back 64

In an emergency situation, and clearly in principals best interest

Front 65

The Business and Professions Code comes from

Back 65

The state legislature, state law

Front 66

An attorney in fact cannot

Back 66

Take a mortgage on his or her principles property, inconsistent with agency duties. This could be adversarial

Front 67

The written contract between an employing broker and employed salesperson is required by

Back 67

Real Estate Commission regulations

Front 68

A sales person, in selling listings of another broker, would be directly responsible to

Back 68

His or her broker, to the employing broker

Front 69

A valid agency requires:

written agreement,

express agreement,

attorney in fact,

none of these

Back 69

None of these, it may be verbal or implied

Front 70

A listing broker may not be

Back 70

The sole agent of the buyer, the broker may be the seller's agent or a dual agent

Front 71

A broker may never:

accept commissions from the buyer and the seller,

sell his or her own property to a customer,

act as an escrow,

none of these

Back 71

None of these, all are popular with disclosure

Front 72

A contract for the sale of residential property includes a general as is provision. This provision

Back 72

Applies only to visible and observable conditions

Front 73

A real estate salesperson is to his or her broker as

Back 73

An employee is to an employer, according to the DrE

Front 74

A seller sold property as is. The broker new the plumbing was in bad Repair but did not inform the buyer. The buyer can sue

Back 74

The broker, as is implies to observable defects

Front 75

An agency agreement does not require

Back 75

Consideration, the agreement may be gratuitous

Front 76

When a broker accept a commission from both the buyer and the seller?

Back 76

If both parties consent

Front 77

The agency between a real estate broker and an owner would not be

Back 77

An implied agency, listings must be in writing

Front 78

Upon acceptance of an offer, a broker may never :

deposit earnest money into escrow,

deposit earnest money into a trust account,

turn earnest money over to the seller,

none of these

Back 78

None of these

Front 79

The agency formed by an exclusive listing is

Back 79

And express agency, as it is stated

Front 80

A broker is selling his own rental unit. He collect the rent on the first day of the month, which is the same day he received the deposit with an offer to purchase giving him three days to accept. He should:

Put the rent in the purchase deposit in his usual trust account,

open two new trust accounts one for the rent and one for the deposit,

put the rent in a new trust account and the deposit in the usual trust account,

none of these

Back 80

None of these, as a broker is a principal, not an agent

Front 81

A real estate transfer disclosure statement is not required for the sale of

Back 81

A commercial property, for one to four residential units only

Front 82

A selling agent can be:

buyer's agent only,

seller's agent only,

the dual agent,

any of the above

Back 82

Any of the above, but listing agent cannot be only buyer's agent

Front 83

If an agent is guilty of a tort,

Back 83

The agent is liable even if the tort is committed at the principal's direction, & a principal is liable if the tort is within the scope of the agency or directed by the principal

Front 84

Balancing a bank statement with the trust account is known as

Back 84

Re conciliation

Front 85

The Sherman Act prohibits all except agreements to:

divide a market geographically,

refrain from cooperation with another broker,

set minimum commission,

split commission

Back 85

Split commission

Front 86

Both an owner and a buyer ask to have the trust funds deposited by the buyer. The broker should

Back 86

Commence an interpleader action, so the courts can decide who is entitled to the monies

Front 87

Disciplinary hearing for real estate license fees will be conducted by

Back 87

An administrative law judge

Front 88

When may a broker refuse to submit a low offer to purchase to the owner?

Back 88

When the offer is clearly frivolous

and when the broker has clear instructions as to not submit offer below a set price

Front 89

Land Contract Clause prohibits any prepayment.

Back 89

The vendee can ignore the clause after one year

Front 90

Which of the following is not required when a Trust Deed is paid up?

The trustor's signature,

the trustee's signature,

a deed of reconveyance,

none of these

Back 90

The reactor's signature, the trustee signs for reconveyance

Front 91

The mortgage would be released by

Back 91

Satisfaction of the mortgage, a deed for reconveyance is for a Trust Deed

Front 92

The seller under a real property sales contract may not

Back 92

Use an address rather than a legal description

Front 93

A mortgage and a trust deed are similar in that

Back 93

Both are personal property, they are chattels real

Front 94

Mortgage for foreclosing would first

Back 94

Start an action in court, a mortgage is foreclosed by court action

Front 95

Who would most likely benefit by subordination clause in a Trust Deed?

Back 95

The trustor, can use a seller's equity

Front 96

A recorded trust deed refer to in other trust deeds is most likely

Back 96

A fictitious trust deed, incorporate terms

Front 97

A statement that says in the event of sale the entire balance is due and payable would be

Back 97

A type of acceleration clause

and alienation clause, due on sale clause

Front 98

Total foreclosure time under trust deed most nearly approaches

Back 98

4 months, 3 months + 20 days

Front 99

The beneficiary of a trust deed is most likely a

Back 99

Bank, the lender or seller

Front 100

After the 3 month notification of default,

Back 100

The publication period Begins

Front 101

A beneficiary sells a note secured by trust deed. The beneficiary must

Back 101

Record the assignment, or recommend recordation

Front 102

A trustor under a Trust Deed

Back 102

Signs the note, this note is given to the beneficiary

Front 103

As to beneficiary statements, it is true that

Back 103

There can be a charge of up to 60 dollars

failure to provide a statement within 21 days of receipt can result in $300 damages

Front 104

A holder of a second trust deed received notification of default on the first trust deed. He or she would probably

Back 104

Make payments on the first trust deed and foreclose on a second trust deed

Front 105

Janet assumes a Trust Deed from bill

Back 105

Janet is primarily liable and Bill has secondary liability

Front 106

Upon default of a buyer on a land contract, the seller would

Back 106

File a quiet title action

Front 107

Proceeds from a trustee sale go to

Back 107

The cost of the sale, then the first trust deed, then junior encumberances, and the balance to the trustor

Front 108

In a subdivision, the largest number of properties that can be covered by a Trust Deed without a blanket encumbrance is

Back 108

1

Front 109

A trust deed is foreclosed by the

Back 109

Trustee, at the beneficiary s request

Front 110

What is not an element of a mortgage?

Back 110

Alienation, title is with the mortgage here

Front 111

A request for notification of default would be most desired by the

Back 111

Beneficiary of a second trust deed, to protect his or her interest

Front 112

A buyer purchases a $10,000 trust deed for $6400. The trustor defaults. The most the buyer of the trust deed can recover at the trustee's sale is

Back 112

$10,000, the amount due on the note plus cost