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129 Cards in this Set

  • Front
  • Back

Loss of value of an expensive home due to lower-priced homes in close proximity is:

Regression

What are the 2 types of obsolescence?

1) functional obsolescence (outdated equipment) 2) economic obsolescence (hardest to correct)

What is an abstract of title?

A report showing the chain of title after a search of records. It does not provide protection from defects

A plot plan shows: _______. A plot map shows: _______.

Where a building and other site improvements will be located; shape and size of a parcel of land and how it relates to other parcels in the area

Title insurance:

Holds harmless, reimburses, indemnifies a person who acquires an interest in real estate against monetary losses caused by an encumbrance

What is an attorney-in-fact?

Any legally competent person who has been given power of attorney to act on behalf of another

What is the best valuation method for appraising raw land?

Sales comparison approach

Pest control inspection reports within 2 yrs can be obtained by:

Any person

Appraising residential properties valued at over $1 million requires:

Either a certified residential license or a certified general license

What valuation approach yields the highest estimate of value?

Reproduction

In a 1031 exchange, "boot" means:

Any consideration of an UNLIKE kind

A buyer has _____ to pursue a seller's agent to recover monetary losses for failure to disclose material facts.

2 years

An agency relationship is created by:

Action, implication, ratification, verbal agreement

An elevation sheet is used advertising for subdivisions and show:

Drawings of the front and side views of the finished homes

An exclusive listing agreement is:

An executory and bilateral contract

Ostensible agency occurs when:

The buyer and the seller in a transaction both consider a broker their agent, but the broker may not know because the relationship has not been formally disclosed

A licensee must complete ______ hours of continuing ed every _____ years.

45 hours every four years

When several properties are securing one loan, it is called a: ____________. A _______ releases some properties upon partial payment.

Blanket mortgage; release clause

Successful Marketing Materials include:

Attention, interest, desire, action (AIDA)

Impound accounts exist to ensure:

Property taxes and insurance will be paid

Before a new home can be occupied:

A certificate of occupancy must be issued by the local building dept.

Mineral and water rights are included in the:

Bundle of rights which transfer w. the sale of the property

An Express contract can be delivered:

Orally or in writing

Under the Subdivided Land Law, the Real Estate Commissioner is initially concerned with which court?

Superior

In a general plan, what is the method used by the planning commission?

Zoning

A negative declaration issued for an Environmental Impact Report (EIR) indicates:

There are no negative effects of a proposed development to the environment

A leasehold estate is not real property because it is:

A less-than-freehold estate

The ALTA goes beyond the CLTA by protecting against:

Location of property lines in accordance with formal survey

The Uniform Commercial Code (UCC) exists to protect:

Creditors against debtors who might try to walk away from their debts

A tenant in common may not:

Will their interest in property to another upon their death

In a newspaper advertisement, the annual percentage rate (APR) is:

Sufficient enough financing information

A subdivision consists of ____ or more units, except in the case of a timeshare which is ____ or more

6 units; 12 units-timeshare

Total foreclosure time under a trustee's sale on a trust deed is minimally:

4 months (3 months + 4 weeks advertising)

The Statute of Limitations allows a buyer _____ years to sue a seller for failure to perform and close escrow.

4 years

If a salesperson takes a listing on a house, then changes the broker they work under, the listing belongs to:

The salesperson's previous broker

Transfer tax stamps come in multiples of:

$0.55

Most real estate records need to be kept for a period of _____ years after the commencement of the listing or the close of escrow.

3 years

A deed is recorded and indexed based on:

The grantor and grantee names alphabetically

A fictitious DBA name needs to be renewed:

Every 5 years

A buyer of a common interest development (CID) may receive copies of all except:

A homeowner's warranty (this belongs to the individual homeowner)

When purchasing a business, the buyer needs to be certain it has recieved a _______ from the __________, which assures that any taxes due have been paid.

Certificate of Clearance from the State Board of Equalization. (SBOE)

An irrevocable right to purchase property within a specific time period is known as an:

Option to buy

Sequential steps of the appraisal process:

Define the problem, gather the data, analyze it, reconcile results, reach a conclusion

What are the elements of value?

Utility, demand, scarcity, transferability (DUST)

What is estoppel?

The principal that stops a person from asserting something contrary to what is previously implied by actions/statements

What is the method used in the Cost Approach Method that totals the cost of materials and labor?

The Quantity Survey Method

In order to transfer fee title a parcel of real estate, what is required?

Delivery and acceptance of a valid deed

In a buyer's closing statement, the selling price is listed as a:

Debit to the buyer

A cloud on title is:

Any inconsistency in the names of the title holder and grantor on the deed (i.e. a married woman uses her changed name)

A beneficiary statement is made by _____ for the purpose of ________

The lender; to state the current balance required to pay off a real estate loan

How do you calculate the adjusted cost basis of personal residence?

The property's original cost + improvements - depreciation

The greatest loss in value for real estate is due to:

Obsolescence

Accretion is:

The acquisition of property thru natural causes.

When a broker want to store documents electronically, the DRE requires them to use:

WORM- write once, read many

A section contains how many acres?

640

The essential elements of an enforceable contract are:

Competancy, mutual consent, lawful object and consideration

When an aggrieved person has been discriminated against, they can file:

A civil action in state and federal courts or file a complaint with HUD

Square yards to square feet:

Divide by 9

What type of notice is given by recording a deed?

Constructive Notice

What valuation approach yields the highest estimate of value?

Reproduction

Under what listing contract must an owner pay a commission regardless of of who sells the property?

Exclusive right to sell listing

Under a land sales contract for the sale of real property, legal title is held by:

The vendor

What kind of loan is required to have an appraisal?

A US Department of Vet Affairs (VA) Loan

A property owner found guilty of violating the rumford act may be required to:

Pay a civil penalty of up to 10,000, sell or lease the property to the aggrieved person or locate a similar porperty to rent to them

A voidable contract remains binding until it is:

Rescinded

A violation of an HOA's CC&R's is:

More severe than the violation of a covanent

What is required to establish title by adverse possession?

Open, notorious or hostile use, the payment of taxes for 5 yrs

A pest control inspection is only required on:

VA loans and some FHA loans where active infestation is observed

What kind of lease requires the tenant to pay certain expenses such as taxes, maintenance or insurance in addition to the rent?

Net Lease

An abstract of title is:

A written summary of documents shown in the title history of the property.

What loan has the lowest closing cost?

CalVET home loan

The Alquist Prolio Study Zone is specific to:

Residential properties located in earthquake fault zones

A lender who originates a HELOC (home equity line of credit) is required to deliver:

A copy of the mortgage loan disclosure statement to the borrower

A broker paying a portion of their commission to a buyer or seller is:

Allowable provided that it is fully disclosed to all parties

The receipt for delivery of a subdivider's final public report needs to be kept by the subdivider and their agent for how long?

3 years

Acquiring of land thru natural causes is called:

Accretion

CC&Rs must be given to a purchaser of a condominium unit within _____ days of the request

10 days

If an appraiser is negligent in using valuation methods, they may be guilty fo violating:

Both real estate law and apparaisal ethics

The calendar date that is of most concern to an appraiser is the date that:

The purchase contract was signed

Fee amounts are always:

Negotiable and not fixed by law, though 6% of sales price is common

A contract is fully executed when it has been:

Completely and fully performed

What is a metropolitan area where cities within have grown together?

A megalopolis

The principal that housing passes down to lower economic groups is:

Filtering down

When a broker solicits and accepts a deposit on the purchase of real porperty without express written authorization from the owner, the broker is:

Acting as an agent for the buyer

If a seller does not authorize a broker to accept deposit towards a purchase price, but the broker procures a buyer who gives them a deposit, the broker may:

Accept the deposit and hold it as an agent of the BUYER until the offer is accepted by the seller.

In order for someone to acquire title, they must give constructive notice, which requires that the buyer look at:

The property as well as county records

A notary acknowledgement contained in a grant deed must be signed by:

The grantor

To make a formal declaration that a statement is true without giving an oath is an:

Affirmation

A commission on trust deeds with a term of less than three years is limited to, more than three years is limited to:

5%, 10%

If a property appreciates by 10% each year, you calculate it by:

Adding 10% to the purchase price, them adding 10% to that and so on for each year.

What is ratification?

The adoption or approval of an act performed on behalf of a person without previous authorization after the act has been performed (creates agency)

Return OF (not ON) an investor's investment is provided for through:

Depreciation

Prohibiting against a "for sale" sign is:

A violation of the First Ammendment

Senior citizen housing is restricted to housing for persons:

55 or 62 or older

Who is bound to perform in an option?

Only the optionor (seller)

Riparian rights are:

Real property

The ________ is responsible for off site improvements in a new subdivision.

Developer

Delinquent interest is never:

Prorated

In mortgage financing, the term warehousing means:

A mortgage broker who packages loans prior to their sale on the secondary market

When changes are made to correct functional obsolescence, it is called:

Remodeling

A deed:

Does not have to be recorded to transfer title

To avoid taxable gain, a property owner may exchange their commercial property with:

A more valuable apartment building, assuming a larger loan

A lost right caused by an unreasonable delay in a pursuit of a claim is called:

Laches

The Federal Truth in Lending Act (TILA) defines the annual percentage rate as:

The relative cost of credit expressed in percentage terms

Compensating balance is defined as:

Leaving enough money with the bank to offset potential foreclosure costs

An action against a licensee by the Real Estate Commissioner needs to be initiated within:

Three years of occurence

The cost basis for income tax purposes is calculated:

From the loan after the down payment is made

The four essential elements of an enforceable contract are:

Competency, mutual consent, lawful object, consideration

In order to transfer fee title to a parcel of real estate, whose consent must be obtained?

All lenders who hold an interest in the property

An intestate succession means:

The owner of the property died with no will, transfer of title requires a probate court approval

Most real estate law suits are heard in:

The state superior court

For a salesperson to be given full licensed agent authority by their broker, the salesperson needs to have:

Accumulated two full years' experience within the last 5 years

Why are warranty deeds rarely used in California but commonly used in other states?

Recourse against a title company under a grant deed is more effective than collecting from a grantor under a warranty deed

A deed only becomes valid once its been:

Delivered

To transfer title to a property:

A new deed needs to be executed and delivered

An appraiser can ethically share their report findings with:

The client or anyone named by the client, a peer review committee or a court of law

A deed restriction can lawfully prohibit:

A property to be used for religious purposes

A broker's receipt for any deposit towards marketing costs from a seller is:

Documented and accounted to the seller

If a broker wants to solicit for an advance fee, how many days before use must the broker submit the proposed solicitation to the California Bureau of Real Estate?

10 days

Which of the following will NOT terminate an agency relationship?

Estoppel; a legal theory barring a person from later asserting or denying a condition based on a person's previous acts or statements

If a park is built in a neighborhood, the cost to build and maintain the park would apply to the owners of the properties in that neighborhood as a:

Special assessment

A real estate commission is normally calculated as a percentage of the:

Selling price

If homes in an area represent highest and best use and are similar in architectural design, which of the following principals apply?

Conformity

Information about the thickness and material used for the foundation footing of a property are contained in:

Foundation plans

A turnkey project is:

The construction from groundbreaking to completion; "turnkey implies that a property is complete and ready for immediate occupancy

Return of an investor's investment is paid thru:

Depreciation; as an income tax deduction

Deficiency judgements can only be granted when:

A property has been judicially foreclosed

Once a deed has been recorded, a ____ _____ is needed to transfer the property to anyone else.

A new deed

A flood hazard report will note that flooding is frequent when it is described as:

Occurring at least twice every ten years