Real Estate Principle Quizzes, Modern real estate practice 20th edition chapters 1 through 4, Real Estate Principle Quizzes, Modern real estate practice 20th edition chapters 1 through 4
Title to Real Property
(1) the right to property or the ownership of property , and (2) the evidence of ownership by deed
What are the types of Estates in Land?
- Leasehold Estate (Considered Personal Property) - Freehold Estate (Ownership; an Estate for at least a lifetime, or forever
What are the five points involved with a Life Estate [Conventional]?
- Not inheritable - The ownership is limited to the life of the owner, or the life of other person - Can be sold, rented or mortgage - Can not be willed - Owner cannot injure the property
[ML1.18] What is the minimum level for the guaranty fund to be maintained? 1) $250,000 2) $25,000 3) $50,000 4) $500,000
1) $250,000
[ML1.23] What is the upper limit, if any, of a financial loss protected by the guaranty fund? 1) $50,000 2) $25,000 3) $5,000 4) $15,000
1) $50,000
[ML3.4] A broker approaches homeowners seeking to list their property for sale. They had not been thinking of selling, but the broker tells them, "The time to sell is now" because the neighborhood is experiencing a large minority group influx and that the value of their property " is sure to drop" if they wait any longer. What is this behavior called? 1) Blockbusting 2) Steering 3) Blind advertising 4) Redlining
1) Blockbusting
[ML4.4] William Thomas owns several acres of Maryland land located along the banks of a navigable waterway. What is an example of Thomas's riparian right in this situation? 1) He may build a pier out into the river, subject to State and federal laws. 2) He may construct a dam cross the river to divert the waters into an artificial lake on his property. 3) He may construct a wharf without State approval . 4) He may make use only of the dry land.
1) He may build a pier out into the river, subject to State and federal laws
[ML3.2] With respect to fair housing, which of the following is TRUE of all persons engaged in real estate transactions ? 1) It is their responsibility to know all applicable federal, State, and local antidiscrimination statutes and ordinances. 2) Errors and omissions (E&O) insurance will protect them if they violate fair housing laws. 3) They may refuse to be held liable. 4) They have the responsibility to decide what is best for their customers and clients.
1) It is their responsibility to know all applicable federal, State, and local antidiscrimination statutes and ordinances.
[ML5.9] Which of the following is correct about the amount or rate of commission on a real estate sale? 1) It must be stated in the listing agreement. 2) It is established by the Commission 3) It is established by the local real estate boards or association of REALTORS® 4) It is established by law
1) It must be stated in the listing agreement.
[ML5.1] Which type of residential listing agreement is illegal for a broker to use in Maryland? 1) Net 2) Exclusive agency 3) Open 4) Exclusive right to sell
1) Net
[ML4.6] What is the license or registration requirement for a developer wishing to create a Maryland timeshare? 1) Register with the Maryland Real Estate Commission 2) Register with the attorney general of Maryland 3) Register with the local board or association of REALTOR® 4) Register with a licensed Maryland broker
1) Register with the Maryland Real Estate Commission
[ML2.10] Which of the following team names would be permissible under the Brokers Act? 1) The ABC Service Team 2) The ABC Realty Service Team 3) The ABC Real Estate Expert Team 4) ABC Servie Association
1) The ABC Service Team
[ML1.21] Which of the following has authority to set license fees? 1) The Commission 2) Associations and local boards 3) The governor 4) The General Assembly
1) The Commission
[ML2.4] When advertising, what must a broker include? 1) The designated name of that broker as registered with the Commission 2) The name of the broker's REALTOR® board or association or Realtist organization 3) The legal name of the licensed real estate broker 4) The name of the licensee who listed the property
1) The designated name of that broker as registered with the Commission
[ML5.5] What is required of a Maryland licensee who wishes to show a property located in Virginia that is multiple-listed by a Maryland firm? 1) The licensee must hold a Virginia real estate license . 2) The licensee must be a member of Maryland's multiple listing service 3) The licensee must hold a Maryland broker license. 4) The licensee must hold a multiple-state license certificate.
1) The licensee must hold a Virginia real estate license .
[ML2.11] Which of the following is a requirement for team advertising? 1) The name of the team must be directly connected to the full name of their brokerage firm 2) The name of the broker only has to be displayed if the team name is also shown. 3) The address of the office out of which the team works must be shown 4) The designated name and phone number of the team leader must be shown.
1) The name of the team must be directly connected to the full name of their brokerage firm
[ML2.2] Which of the following is TRUE of ads in which licensees advertise real property they have listed? 1) The salesperson's name is optional in the ad, but the designated broker's name is required. 2) The broker's phone number is always required in all promotions. 3) The price of the property must be included in all advertisements. 4) Members of multiple listing services
1) The salesperson's name is optional in the ad, but the designated broker's name is required.
[ML1.4] As a licensed salesperson, you receive a lead from a friend who is not a real estate licensee. As previously agreed upon, you split the commission with you friend. 1) This is a violation of the license law. 2) This is not a violation of the license law. 3) This is a violation of the license law only if the seller is not informed. 4) This is a violation of the license law with broker's written permission.
1) This is a violation of the license law.
[ML2.6] Under what circumstances may salespersons use their own names and phone numbers in advertising listed property? 1) When the designated name of their firm is clearly shown, as well as the firm's phone number 2) When their branch office manager's cell number is presented alongside the salesperson's cell number 3) When a branch manager indicates they won't be regulating advertising done at salespersons expense 4) When their unlicensed assistant unknowingly includes the salesperson's contract information
1) When the designated name of their firm is clearly shown, as well as the firm's phone number
[ML1.20] The Commission may refuse to issue a broker license to a Maryland resident who has filed a proper application and met the legal requirements... 1) if it then offers the applicant a hearing on the matter. 2) if the applicant has been convicted of a traffic violation within the past year. 3) without offering to hold a hearing on the matter. 4) if the application has not reached the age of 21 years.
1) if it then offers the applicant a hearing on the matter.
When a life estate ends, what are the two choices of fee simple estates that can be created?
1) remainder interest aka "Estate in remainder" (Ownership passes to a third-party named by the original grantor; The third-party is the remainderman regardless of gender) 2) reversionary interest aka " estate in reversion" (ownership reverts back to the original grantor, The party that sells or gives the property)
When the life estate ends, it is replaced by a fee simple estate. What are the two (2) options for the fee simple estate to be designated?
1) remainder interest aka "Estate in remainder" (Ownership passes to a third-party named by the original grantor; The third-party is the remainderman regardless of gender) 2) reversionary interest aka " estate in reversion" (ownership reverts back to the original grantor, The party that sells or gives the property)
What are two types of private restrictions on the use of real estate?
1.) Deed restrictions (runs with the land, limiting the use of the property by the current owner, as well as future owners) 2.) covenants, conditions, and restrictions (used subdivision developers)
Name 4 types of easements?
1.) easement appurtenant (attached to the ownership and allows the use of a neighbors land) 2.) easement in gross (An individual or company interest in or right to use someone else's land, ie., railroad & utility companies ) 3.) easement by necessity (created by court order when an owner sells a parcel of land that has no legal access to a street or public way except over the seller's remaining land.) 4.) easement by prescription (Can you claim it makes use of another's looking for a certain period of time defined by state law)
What are the four types of encumbrances?
1.) easements and licenses (Permits a limited use of a property) 2.) private restrictions on the use of real estate 3.) liens 4.) encroachments
What elements creates a tenancy in common?
1.) two or more owners 2.) undivided interest in the entire property 3.) does not have to be equal interest 4.) Unity of possession 5.) inheritable 6.) can sell your share
What are the five components in the creation of joint tenancy?
1.) two or more owners 2.) undivided interest in the entire property 3.) equal interest 4.) right of survivorship 5.) NOT inheritable
What are the five elements of terminating an easement?
1.) when the need no longer exist. 2.) When one of the owners become sole owners of both properties 3.) by the release of the right of easement to the owner of the servient tenement 4.) by the abandonment of the easement 5.) by the non-use of a prescriptive easement
[ML1.5] Which of the following do licensees NOT need to do to be qualified real estate agents and file ass self-employed on their federal tax returns? 1) Have a written employment contract with their broker stating this status. 2) Be free from their broker's control of how their work is done. 3) Earn all their income as commissions from their brokerage firms. 4) Hold an active real estate license.
2) Be free from their broker's control of how their work is done.
[ML5.4] When must a licensee give a copy of the listing agreement to the sellers? 1) When they request it 2) Before the firm advertises the property or offers it for sale 3) Within 15 days after acceptance by the broker 4) When a buyer is found
2) Before the firm advertises the property or offers it for sale
[ML2.7] When the sales contract calls for the broker to hold the earnest money deposit, what does the Broker Act require? 1) Deposit may be commingled with office funds if provided by sales contract. 2) Deposit is placed in broker's account within seven days, regardless of the parties instructions. 3) Deposit must be deposited in an interest bearing account with five(5) days of receipt. 4) Deposit may be used before settlement with beneficial owner's written authorization .
2) Deposit is placed in broker's account within seven days, regardless of the parties instructions.
[ML1.19] What is the membership composition of the Maryland Real Estate Commission? 1) The executive director and investigation team 2) Four members that are not licensed and five that are licensed 3) Four professional members and five consumer members 4) Representative brokers from real estate associations throughout Maryland
2) Four members that are not licensed and five that are licensed
[ML4.9] Which of the following is TRUE of developers who wish to sell newly built Maryland condominium units to original purchasers... 1) For five years after the sale, they are liable to their purchasers for damages that result form misleading statements 2) If the developers fail to deliver public offering statements to them, they are subject to their purchases' voiding their contracts. 3) They are protected from liability for misleading statements to purchasers by the doctrine of caveat emptor. 4) They must register public offering statements with the Real Estate Commission.
2) If the developers fail to deliver public offering statements to them, they are subject to their purchases' voiding their contracts.
[ML2.1] What is required by law on any outdoor sign or advertisement displayed on property for sale subject to ground rent? 1) It must, if price is shown, also show the required ground rent disclaimer. 2) It must, if price is shown, show ground rent and cost of capitalization in same-size lettering. 3) It must show only a ground rent statement of any kind to be in compliance. 4) It must show only sale price and the phrase "plus GR".
2) It must, if price is shown, show ground rent and cost of capitalization in same-size lettering.
[ML4.7] What is required for amending the bylaws of a Maryland condominium? 1) The management company has this authority. 2) It requires affirmative vote by two-thirds of the unit owners. 3) It requires affirmative vote of a majority vote of the council of unit owners. 4) It requires affirmative vote by a simple majority of unit owners.
2) It requires affirmative vote by two-thirds of the unit owners.
[ML1.25] What is the requirement for licensed real estate salespersons to deliver real estate brokerage services? 1) Affiliation with properly licensed real estate associate brokers 2) Performance of real estate acts only on behalf of brokers under whom they are licensed 3) Membership in the local board or association of REALTORS® 4) Operation of a real estate business under their own name or designated name
2) Performance of real estate acts only on behalf of brokers under whom they are licensed
[ML1.8] Who may fine individuals found guilty of operating in the real estate business without a license? 1) The General Assembly 2) The Real Estate Commission 3) The state association of REALTORS® 4) The attorney general
2) The Real Estate Commission
[ML1.13] Who appoints members to the Maryland Real Estate Commission? 1) The State Senate 2) The governor of Maryland 3) The House of Delegates 4) The executive director of the Commission
2) The governor of Maryland
[ML2.5] In Maryland who is the person primarily responsible for the real estate brokerage services provided through a corporation? 1) The president of the corporation 2) The licensed real estate broker of the firm 3) The chairperson of the corporate board 4) The majority stockholder of the corporation
2) The licensed real estate broker of the firm
[ML5.3] What is the consequence when purchasers receive no Residential Property Disclosure and Disclaimer Statement before, at, or after entering into a purchase agreement? 1) The contract is void by action of law after three days. 2) The purchasers may rescind the contract before they apply for a mortgage loan 3) The contract is voidable by the purchaser for five days. 4) The lender has five days to tell the purchaser of the right to void the agreement.
2) The purchasers may rescind the contract before they apply for a mortgage loan
[ML4.10] When purchasers contract with developers to purchase new time-shares, which of the following is TRUE of their rights and responsibilities? 1) They have the right to cancel the contract only if the seller has misrepresented material facts. 2) They have the right, for 10 days, to cancel the sale for any or no reason. 3) They must close the sale within 10 days after signing the sale contract. 4) They must obtain a "payment and performance" bond to ensure developers' compliance with their contracts.
2) They have the right, for 10 days, to cancel the sale for any or no reason.
[ML3.3] When salespersons of different races are trying to sell a residential property listed in a neighborhood that is predominantly Caucasian, which statement is TRUE? 1) They are acting properly by not showing this listing to white prospects. 2) They violate Maryland and federal laws when they decide to show a listing based on a prospect's race. 3) They need not introduce into the neighborhood anyone not of the predominant race of the neighborhood. 4) They should have a salesperson of the same race as the prospect show the property.
2) They violate Maryland and federal laws when they decide to show a listing based on a prospect's race.
[ML1.15] What is the primary purpose of the Brokers Act? 1) To raise revenue 2) To protect the public interest 3) To control salespersons 4) To restrict competition
2) To protect the public interest
[ML1.14] When will a salesperson license issued by the Commission on November 1 expire? 1) One year from the date of issue 2) Two years from the date of issue 3) December 1 of odd-numbered years 4) October 1 of next even-numbered years
2) Two years from the date of issue
[ML6.1] Brokers' principals are called 1) managers 2) clients 3)Prospects 4) customers
2) clients
[ML1.2] License certificates issued for salespersons must be... 1) carried by them while performing act of brokerage. 2) retained by their broker in their company office. 3) retained by the Commission 4) retained by them in their home office.
2) retained by their broker in their company office.
[ML1.22] Licenses of salespersons who are released by their brokers are to be... 1) returned to the Commission by the brokers. 2) returned to the Commission by the salespersons. 3) removed from display but retained by the brokers. 4) returned to the salesperson.
2) returned to the Commission by the salespersons.
What is the period time for an easement by prescription to be acquired in the state of Maryland?
20 years
[ML1.9] What is an unlicensed person improperly collecting a real estate commission guilty of? 1) Duress 2) A felony 3) A misdemeanor 4) Fraud
3) A misdemeanor
[ML5.6] Who may use a listing agreement form published by a multiple listing service? 1) Any broker or salesperson licensed by the Commission 2) Any member of any board or association of REALTORS® 3) Any member of the organization that operates that listing system 4) Any licensee
3) Any member of the organization that operates that listing system
[ML1.10] Which of the following could result in discipline by the Commission? 1) Slandering competitors 2) Charging a unreasonable brokerage fee 3) Bad faith 4) Not following unlawful client instructions
3) Bad faith
[ML2.9] Which of the following may an unlicensed person working in a brokerage firm NOT do? 1) Create advertising brochures with appropriate supervision 2) Submit listings and changes to a multiple listing service 3) Conduct an open house to gauge public interest 4) Schedule appointments for a licensee to show property
3) Conduct an open house to gauge public interest
[ML1.17] What must ads include when placed by licensees for a property listed in their firm? 1) Address of the listed property 2) Designated name of the listing salesperson 3) Designated name of the listing broker 4) Agreed-upon listing price of property
3) Designated name of the listing broker
[ML5.10] Which of the following is TRUE of a Maryland residential listing agreement? 1) It does not create an agency 2) It may be oral. 3) It must be in writing 4) It need not contain a definite termination date
3) It must be in writing
[ML5.7] Which of the following is TRUE of a listing on Maryland residential property? 1) It may contain an automatic renewal provision. 2) It may parol. 3) It must be in writing and signed by all parties. 4) It may leave the commission fee to be negotiated at the time an offer is made
3) It must be in writing and signed by all parties.
[ML4.1] Which government agency may purchase easements to restrict land to agricultural use? 1) Maryland Land Development Corporation 2) Maryland Department of Assessments and Taxation 3) Maryland Agricultural Land Preservation Foundation 4) Maryland Department of the Environment
3) Maryland Agricultural Land Preservation Foundation
[ML1.1] Who may a licensed salesperson represent? 1) Any broker who is duly licensed 2) No more than one seller at one time 3) Only brokers under whom they are licensed 4) No more than one broker at one time
3) Only Brokers under whom they are licensed.
[ML4.8] With what Maryland government agency must a developer register when converting a residential rental facility to a condominium regime? 1) Office of the attorney general 2) Local board of REALTOR® 3) Secretary of state 4) Maryland Real Estate Commission
3) Secretary of state
[ML1.16] Who appoints the executive director of the Commission? 1) The nine Commission members 2) The governor, for a term of four years 3) The secretary of Labor, Licensing, and Regulation 4) The five licensed Commission members
3) The secretary of Labor, Licensing, and Regulation
[ML6.2] Which is TRUE when brokers handle the purchase and sale of the same residential real property? 1) They are agents of the owner of the property being sold. 2) They may not act as the agent of the buyer 3) They may designation two intracompany agents if proper consent has been given. 4) They may personally represent both buyer and seller if both parties gave needed consent.
3) They may designation two intracompany agents if proper consent has been given
[ML4.5] What form of ownership is created in Maryland by a deed that conveys ownership to "Karen and David Muñoz, husband and wife" but does NOT specify the form of ownership? 1) This language will create a tenancy in common. 2) The deed must be redrawn to specify that they are joint tenants. 3) This language will be construed to create tenancy by the entirety. 4) This language will be construed to create ownership in severalty.
3) This language will be construed to create tenancy by the entirety.
[ML5.2] When using a broker to market their house, when should sellers complete the Residential Property Disclosure and Disclaimer Statement? 1) At settlement 2) When an offer is received 3) When the property is being listed 4) After a sales contract has been signed
3) When the property is being listed
[ML1.7] The act of blockbusting is regarded by Maryland statute as... 1) unethical but not prohibited by law. 2) a felony. 3) a misdemeanor. 4) a legitimate listing technique.
3) a misdemeanor.
[ML1.6] Which of the following is paid biennially? 1) Initial guaranty fund fee. 2) Salesperson' original license fee 3)Salesperson' license renewal fee 4) Guaranty fund reassessment
3)Salesperson' license renewal fee
[ML1.11] What is the maximum penalty possible for filing false statements with the Commission in reference to a guaranty fund claim? 1) $5,000 2) $10,000 3) $15,000 and imprisonment for two years 4) $25,000 and imprisonment for three years
4) $25,000 and imprisonment for three years
[ML4.2] Which of the following would meet or exceed the requirement for prescriptive easement in Maryland? 1) 15 years' continuous use 2) 15 years' intermittent use 3) 25 years' intermittent use 4) 25 years' continuous use
4) 25 years' continuous use
[ML2.3] Which of the following satisfies the requirement that a broker maintain an office? 1) A virtual office space utilized twice a month 2) A post office box and answering service 3) A 24-hour answering service 4) A definite place of business
4) A definite place of business
[ML2.12] Which of the following statements about teams is false? 1) A team can be an associate broker and their licensed assistant . 2) The broker cannot be a team leader. 3) The team works together regularly and uses a collective name. 4) A salesperson cannot be a team leader.
4) A salesperson cannot be a team leader.
[ML4.11] To protect the contract's enforceability, what must the owner of a condominium unit (other than its developer) furnish to purchasers not later than 15 days before closing when reselling the property? 1) A copy of the declaration 2) The bylaws, rules, and regulations 3) A statement regarding monthly expenses, proposed capital improvements, other fees, financial statements of the condominium, and insurance details 4) All of these
4) All of these
[ML4.3] Which of the following is recognized in Maryland? 1) Dower 2) Homestead exemption 3) Curtesy 4) Easement by prescription
4) Easement by prescription
[ML1.12] Who may hold licenses to provide Maryland residential real estate brokerage services? 1) Corporations 2) Limited liability companies (LLCs) 3) Partnerships 4) Individuals
4) Individuals
[ML3.1] James and Frances Wong, who are of Chinese descent, tell their licensed real estate salesperson that they need a three-bedroom house in the $320,000 to $330,000 price range that is within walking distance of an elementary school. The salesperson, after identifying the Wongs as genuine prospects, finds a house on Judson Street that meets all the Wongs' requirements, but the salesperson knows that the residents of the neighborhood are unhappy about Asians moving into the area. What should the licensee do? 1) Refrain from bringing this particular house to the Wongs' attention 2) Tell them about the house but suggest that they would be happier in another neighborhood 3) File a complaint with the Commission on Civil Rights 4) Inform the Wongs about the availability of the house and arrange to show them the listing
4) Inform the Wongs about the availability of the house and arrange to show them the listing
[ML2.8] How must a check drawn on a brokerage firm's escrow (trust) account be signed? 1) By the associate broker of the firm using her designated name 2) By any two designated licensees with the brokerage firm 3) It must be cosigned by the designated branch manager. 4) It doesn't necessarily need a second signature if signed by the firm's broker.
4) It doesn't necessarily need a second signature if signed by the firm's broker.
[ML3.5] What law does a private club (not operated as a commercial hotel) violate when limiting occupancy not based on race, color, or national origin but instead based on membership? 1) The Fair Housing Act of 1968 2) The Maryland Fair Housing Law 3) The Real Estate License Law 4) No state or federal laws
4) No state or federal laws
[ML1.24] Which statement about licenses issued for Maryland real estate brokerage services is NOT correct? 1) Licensees are regulated by Title 17 of the Maryland Annotated Code. 2) They are issued and administered by the Maryland Real Estate Commission. 3) They are not issued to corporations or associations, only individuals. 4) They are required for every person who sells real estate for consideration.
4) They are required for every person who sells real estate for consideration.
[ML5.8] What is the effect on purchasers who have received the Residential Property Disclosure and Disclaimer Statement before signing their contract offer? 1) They may rescind the contract at any time to three days after signing. 2) They may rescind the contract at any time up to five days after signing . 3) They may rescind at any time before settlement or totaling occupancy. 4) They may not rescind the contract based on any facts the statement discloses.
4) They may not rescind the contract based on any facts the statement discloses.
[ML1.3] Brokers need not notify the Commission when... 1) salespersons resign. 2) changes occur in the office location. 3) changes occur in the names of their firms. 4) changes occur in commission splits.
4) changes occur in commission splits.
A trust is a legal arrangement in which property is held for the benefit of a third party by...
A Trustee. the truster creates a trust that is held for the benefit of the beneficiary who will ultimately benefit from the trust. A third party, the trustee, holds legal title to the property and carries out the truster's instructions.
appurtenance
A benefit that goes along with ownership of the property and transfers to the new owner when the property is sold.
deed
A document that transfers ownership of property from one party to another.
How to terminate a joint tenancy?
A joint tenancy is destroyed when any one of the four unities of joint tenancy is terminated. In other words, the party who changes changes and is no longer part of the joint tenancy.
Life Estate Pur Autre Vie
A life estate "for the life of another," When the person upon whose life the ownership is based dies, the ownership comes to an end.
What is a legal life estate?
A life estate that is created by statute or law rather than voluntarily by the owner.
Metes and Bounds
A method of describing property by starting at a point of beginning and continuing from point to point until returning to the original point of beginning
Metes and Bounds
A method of describing property by starting at a point of beginning and continuing from point-to-point until returning to the original point of beginning.
License
A permission to use someone else's property for a specific purpose. Can be withdrawn at any time and does not transfer with the transfer of the property.
A legal arrangement under which the title to real property is held to protect the interests of a beneficiary is a... A) trust B) corporation C) limited partnership D) general partnership
A trust. Trusts protect beneficiaries. Partnerships can protect limited partners; corporations can protect stockholder-owner
What is an encumbrance?
A type of interest in real estate that does not rise to the level of ownership or possession, yet gives an individual, business, or some other entity some degree of use or control of the property.
Bargain and Sale Deed
A(n) implies a grantor owns a property, but make no warranties.
[6.4] A form authorizing one person to execute documents for another is called... A) a power of attorney B) a release deed C) a quitclaim deed D) a power to represent
A) Power of attorney. That document is a power of attorney; the person named in it is an attorney-in-fact. Deeds do not authorize one person to act for another.
[6.6] Party Y receives a deed from party X. The granting clause of the deed states, "I hereby remise, release, alienate, and convey to Y the following real property." What type of deed has Y received? A) Special warranty B) Quitclaim C) General warranty D) Bargain and sale
A) Special warranty. The quoted granting clause does not use the word quitclaim but does use the word convey, so it is not a quitclaim deed. It does not use the words warrant generally, so it is not a general warranty deed, and it does not use the phrase bargain and sell. A special warranty deed uses such words as remise, alienate, and convey.
[6.1] The basic requirements for a valid conveyance are governed by A) state law B) local custom C) national law D) the law of descent
A) State law. Although all the listed items influence it somewhat, state law has the greatest influence on requirements for a valid real property conveyance.
Three people are joint tenants with rights of survivorship in a tract of land. One owner conveys his interest to a friend. Which statement is TRUE? A) The other two owners remain joint tenants. B) The new owner has severalty ownership. C) The all become tenants in common. D) The all become joint tenants.
A) The other two owners remain joint tenants. When one of three joint tenants sells to a new person, the other two remain with respect to each other. The new person is a tenant in common, and not owner in severalty of the entire property because severalty is sole ownership.
Doctrine of Prior Appropriation
A) The right to use any water, with the exception of limited domestic use, is controlled by the state rather than by the landowner adjacent to the water. B) a landowner must demonstrate to a state agency the owner's plans are for beneficial use, such as crop irrigation
If property is held by two or more owners as joint tenants, the interest of a deceased co-owner will be passed to... A) the surviving owner or owners B) the heirs of the deceased C) the state, under the law of escheat D) the trust under which the property was owned
A) The surviving owner or owners. Survivorship means that the interest of a deceased covenant will pass to, and be divided equally among, the still-living (surviving) cotenants.
[6.14] A deed contains a promise that the title conveyed is good and a promise to obtain and deliver any documents necessary to ensure good title. This deed contains an example of which convenant? A) Further assurances B) Seisin C) Quiet enjoyment D) Warranty forever
A) further assurances. Any promise to obtain documents to make the title good is the convenant of further assurance. The covenants of quiet enjoyment, seisin, and warranty forever are not addressed.
[6.2] Every deed must be signed by A) the grantor B) the grantee C) the grantor and grantee D) the devisee
A) the grantor. Either the grantor, or someone acting under the grantor's authority, must execute (sign) every deed, and the grantor must have legal capacity to do so.
[6.15] A deed contains a guarantee that the grantor will compensate the grantee for any loss resulting from the title's failure in the future. This is an example of which covenant? A) Warranty forever B) Further assurance C) Quiet enjoyment D) Seisin
A) warranty forever. The grantor promises to compensate the grantee for the loss sustained if the title fails at any time in the future in the covenant of warranty forever.
Riparian Rights
Alexandra owns property along the banks of a river. Her property line would be determined by legal concept of ________________________.
General Partnership
All the owners participate in the operation and management and all can be held equally liable in a .
What is a fixture?
An item of personal property that has been converted to real property
improvement
Anything Man-made that is built onto a property
Improvement
Anything man-made that is built onto a property
improvement
Anything man-made that is built onto a property
[6.10] P signed a deed transferring ownership of P's house to Q. To provide evidence that P's signature was genuine, P executed a declaration before a notary. This declaration is known as... A) an affidavit B) an acknowledgement C) an affirmation D) an estoppel
B) Acknowledgment. P gave this acknowledgment as to the validity and voluntary nature of P's signature to a notary. The notary took P's acknowledgment and attached a seal.
[6.8] Which type of deed merely implies but does NOT specifically warrant that the grantor holds good title to the property? A) Special warranty B) Bargain and sale C) Quitclaim D) Trust Deed
B) Bargain and sale. By giving a bargain and sale deed, the grantor implies ownership and possession of the property, but there are no express warranties against encumbrances.
The real property interest that takes the form of a personal property is ...
B) Cooperative unit ownership. Because it involves receiving shares of stock and a leasehold — both of which are considered by common law to be personal property — cooperative ownership is personal, not real, property.
[6.5] The grantee receives greatest protection with what type of deed? A) Quitclaim B) General warranty C) Bargain and sale with convenant D) Executor's
B) General warranty. In the general warranty—often just called warranty—deed, the grantor makes more promises and gives the grantee more covenants than in any other deed.
Two people are co-owners of a small office building with the right of survivorship. One of the co-owners dies intestate and leaves nothing to be distributed to heirs. Which of the following would explain why the surviving co-owner acquired the deceased's interest? A) Severalty B) Joint tenancy C) Community property D) Condominium
B) Joint tenancy. Upon the death of one party in a joint tenancy arrangement, all remaining interests do not pass to the heirs or according to the will but to the surviving joint tenant
Which of the following is NOT a form of co-ownership? A) Tenancy in common B) Ownership in severalty C) Tenancy by the entirety D) Community property
B) Ownership in severalty. When just one individual owns property, the form of ownership is known as ownership in severalty.
Which statement applies to both joint tenancy and tenancy by the entirety? A) There is no right to file a partition suit B) The last survivor becomes a severalty owner C) A deed signed by one owner will convey a fractional interest D) A deed will not convey any interest unless signed by both spouses
B) The last survivor becomes a severalty owner. Tenancy by the entirety is a type of joint tenancy recognized by some states that is reserved for married couples. In both, there is a right of survivorship. The last survivor becomes sole severalty owner.
[6.12] A resident of Denver bought acreage in a distant county, never went to see the acreage, and did not use the ground. An artist moved a mobile home onto the land, had a water well drilled, and lived there for 22 years. The artist may become the owner of the land if the artist is in compliance with the state law regarding... A) requirements for a valid conveyance B) adverse possession C) avulsion D) voluntary alienation
B) adverse possession. Adverse possession is (hostile) possession of real estate without the permission of the owner and contrary to the owner's best interests. If it continues in an open, conspicuous (notorious) way for the time set by statute (the statutory period), the adverse possessor may take legal action to be declared the owner on the basis of all these facts.
Remainderman
Bjorn gives a life estate to Maximillian. The deed specifies that when Maximilian dies, the property will go to Bjorn's niece Alexandra. Alexandra is the —————.
[6.11] Title to real estate may be transferred during a person's lifetime by A) devise B) descent C) involuntary alienation D) escheat
C) Involuntary alienation. Transfer of title by devise (will), descent (death intestate), or escheat (for lack of a will and lack of heirs) all occur after death. Involuntary alienation, such as condemnation, foreclosure sale, or tax sale, can occur during a person's lifetime.
Which of the following is MOST likely evidence of ownership in a cooperative? A) Tax bill for an individual unit B) Existence of a reverter clause C) Shareholder stock D) Right of first refusal
C) Shareholder stock. The documents that show ownership in a cooperative are shares of stock in the cooperative corporation and a proprietary lease.
[6.9] At which of the following steps did title to the house actually transfer or pass to B? Step 1: A decided to convey a house to B. Step 2: A signed a deed transferring title to B. Step 3: A gave the signed deed to B, who accepted it Step 4 B took the deed to the county recorder's office and had it recorded. A) Step 1 B) Step 2 C) Step 3 D) Step 4
C) Step 3. Title in this case was transferred upon delivery and acceptance of the deed. At that moment, the deed was binding between the parties. The purchaser, when later recording the deed, was then also protected against third parties.
[6.18] An owner of real estate was declared legally incompetent and was committed to a state mental institution. While institutionalized, the owner wrote and executed a will. The owner died while still institutionalized and was survived by a spouse and three children. The real estate will pass... A) to the owner's spouse. B) to the heirs mentioned in the owner's will C)according to the state laws of descent D) to the state
C) according to the state laws of descent. A requirement for a valid will is mental competency of the testator at the time of writing the will. Because of mental incompetence, the owner in question died without a valid will. Consequently, the property will pass to people chosen by state law (statute) to receive property when a decedent has no will (dies intestate).
[6.19] Generally, where does a probate proceeding involving real property take place? A) Only in the country in which the property is located B) Only in the country in which the decedent resided C) In both the country in which the property is located D) In the county in which the executor or the beneficiary resides
C) in both the county where the decedent resided and the county in which the property is located. There will be two probates conducted: one in the county where the decedent resided and another in the county where the real estate is located.
[6.16] A person who has died without a will has died... A) testate B) in valid conveyance C) intestate D) under the acknowledgment clause
C) intestate. A person who dies testate leaves a valid will; one who dies intestate does not. A person who makes a last will and testament is a testator. A devisee is one who receives a gift of real estate (a devise) through a will. A legatee is one who receives a gift of personal property (legacy) through a will.
Another term for personal property is
Chattels
Riparian Rights
Common-law rights granted to owners of land along the course of a river, stream, or similar flowing body of water.
According to some states, any real property that either spouse owns at the time of marriage remains separate property. Further, any real property acquired by either spouse during the marriage (except by gift or inheritance or with the proceeds of separate property) belongs to both of them equally. What is this form of ownership called?
Community property. This arrangement falls under community property law, which is found - with some variations in details - in Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin, and as an option in Alaska
A man owns one of 20 units in fee simple, along with a 5% ownership share in the parking facilities, recreation center, and grounds. What kind of property does he own?
Condominium
Navigable Waters
Considered public highways in which the public has an easement or right to travel
Condominium
Conventional ownership, deed
A person lives in an apartment building. The land and structures are owned by a corporation, with one mortgage loan securing the entire property. Like the other residents, this person owns stock in the corporation and has a lease to the apartment. The type of ownership is called... A) condominium B) planned unit development C) time-share D) cooperative
Cooperative. In a cooperative, a corporation hold title to the property and offers stock shares to the residents, who then receive a proprietary lease to the apartment
Factors that affect supply
Cost & availability of construction materials Cost & availability of labor Government control and financial policies at ALL levels
[6.7] Under the covenant of quiet enjoyment, a grantor ... A) promises to obtain and deliver an instrument needed to make the title good. B) warrants that the property is free from liens and encumbrances. C) warrants that he or she is the owner and has the right to convey title to the property. D) ensures that the title will be good against the title claims of third parties.
D) Ensures that the title will be good against the title claims of third parties. Quiet enjoyment means freedom from claims of third parties—persons other than grantor and grantee .
A married couple co-owns a farm and has the right of survivorship. This arrangement is MOST likely... A) severalty ownership B) community property C) a tenancy in common D) an estate by the entirety
D) Estate by the entirety. Married persons may own property together as tenants in common, joint tenants, or as community property. Being more than one person, a couple cannot won in severalty. The right of survivorship is a distinguishing feature of tenancy by the entirety, which some states recognize as a form of joint tenancy reserved for a married couple.
[6.3] A 15-year-old recently inherited a parcel of real estate and has decided to sell it. If the 15-year-old executes a deed conveying the property to a purchaser, such a conveyance would be... A) valid B) void C) invalid D) voidable
D) Voidable. Real estate contracts entered into by minors are generally voidable by the minor until the minor reaches the age of majority — 18 in most states — or shortly thereafter.
[6.17] Title to real estate can be transferred upon death by what type of document? A) Warranty deed B) Special warranty deed C) Quitclaim deed D) Will
D) Will. A will transfers title to real estate upon the death of the testator. Deeds must be delivered and accepted during the lifetime of the grantor to transfer title.
[6.13] Eminent domain and escheat are two examples of... A) voluntary alienation B) adverse possession C) transfers of title by descent D) involuntary alienation
D) involuntary alienation. The right of eminent domain allows a government entity to compel the transfer of a property to that entity for a price set by court process—condemnation. This transfer of title (alienation) is forced and so is involuntary. When a person dies without will (intestate) and without heirs, the property passes (escheat) to the state. This process was neither planned nor initiated by the owner before death and so is classified as involuntary.
All of the following will terminate an easement EXCEPT... A) When the need no longer exists B) nonuse of a prescriptive easement C) abandonment of easement D) release of the right of easement to the dominant tenement
D) release of the right of easement to the dominant tenement
[6.20] A deed states that the grantors are conveying all their rights and interests to the grantees to have and to hold. This is communicated in... A) the acknowledgment clause B) the restriction clause C) the covenant of seisin D) the habendum clause
D) the habendum clause. The habendum clause defines or explains the ownership to be enjoyed by the grantee, anti provisions must agree with those stated in the granting clause. The habendum clause begins with the words to have and to hold.
Bundle of Legal Rights
D. C. P. E. E (rights) Disposition, control, possession, enjoyment, exclusion,
A property owner wants to use water from a river that runs through the property to irrigate a potato field. To do so, the owner is required by state law to submit an application to the Department of Water Resources describing in detail the plan for beneficial use of the water. If the department approves the owner's application, it will issue permit allowing a limited amount of river water to be diverted onto the property. Based on these facts, it can be assumed that this property owner's state relies on which rule of law?
Doctrine of prior appropriation
What are the elements of a legal life estate?
Dower (The interest a wife has in her husband's estate) Curtesy (The interest a husband has in his wife's estate) Homestead (The statutory right that protects a home from creditors)
A landowner has divided a large parcel of land into smaller parcels and has recently sold tract near a nature preserve that is landlocked and cannot be entered except through one of the other tracts. The buyer of that property will probably be granted what type of easement by court action?
Easement by necessity
What is the process by which the state acquires privately owned Real Estate or personal property?
Escheat
What type of federal law prohibits discrimination in the provision of housing and housing-related services (including lending) based on a individual's race, color, national origin, religion, sex, familial status, or disability?
Fair Housing
In real estate, What is the highest degree of interest recognized by law?
Fee Simple
One who has ownership rights of real estate that could continue forever and which provide that no other person can claim to be the owner of or have any ownership control over the property has...
Fee Simple Absolute
Name the 2 types of Fee simple estates
Fee simple absolute (Highest interest and real estate recognized by law) inheritable Fee simple defeasible (Qualified by an occurrence or non-occurrence of specified event)
The owner of fee simple title to a vacant lot adjacent to a hospital decided to make a gift of the lot to the hospital. The deed conveyed ownership of the lot to the hospital "so long as it is used for hospital purposes." After completion of the gift, the hospital will own...
Fee simple determinable
Fee simple defeasible Estates (distinctions)
Fee simple determinable (Special limitation imposed on a property [automatically reverts with no court]) Fee simple subject to a condition subsequent (A condition is imposed on the owner [court needed])
Condo
Fee simple ownership of an individual unit, with a shared tenancy-in-common interest in common elements is a .
Condo
Fee simple ownership of an individual unit, with a shared tenancy-in-common interests in common elements
Habendum Clause
Follows granting clause to define the terms of ownership to be enjoyed by grantee. Begins withe the words to to have and to hold
Which factor primarily affects supply in the real estate market?
Governmental monetary policy
Which of the following is a legal life estate? Leasehold Fee simple absolute Homestead Determinable fee
Homestead
A major manufacturer of automobiles announces that it will relocate one of its factories, along with 2,000 employees, to a small town. What effect will this announcement Most likely have on the small town's housing market?
Houses will likely become more expensive
Three characteristics of land
Immobility, Indestructibility, Uniqueness
A physical characteristic of land
Indestructibility
An action brought by a property owner seeking just compensation for the land adjacent to land use for public purpose when the property use in value has been diminished is called
Inverse condemnation
appurtenance
Is a benefit that goes along with the ownership of a property and transfer to the new owner when the property is sold
The four unities of possession, interest, time, and title are associated with which of the following? A) Community property B) Severalty ownership C) Tenants in common D) Joint Tenancy
Joint Tenancy. A joint tenancy can only be created by an intentional act and requires the four unities -PITT- to be present.
Right of survivorship
Joint tenancy and tenanacy by the entirety are not inheritable because of——————.
Right of Survivorship
Joint tenancy and tenancy by the entirety are not inheritable because of the .
Community Property
Laws based on the idea that spouses, rather than merging into one entity, are equal partners in the marriage. Therefore any property acquired during the marriage is considered to be obtained by mutual effort. Maryland does not recognize community property.
What are the five elements in the creation of an easement by prescription?
N. A. C. H. O (Notorious, adverse, continuous, hostile, open)
Legal Life Estate
NOT USED IN MARYLAND. Examples would be dower, curtesy and homestead.
Does Maryland have the legal life of estates?
No
Nonhomogeneity
No two parcels of property are exactly the same
acknowledgement
Notarization of a deed. The purpose is to verify the grantor is transferring the property of his or her own free will.
What are the four elements or unities needed to create a joint tenancy?
P I. T. T (Possession, interest, time, title)
What are the four governmental powers?
P. E. T. E. Police powers, eminent domain, taxation,Escheat
Factors that affect demand
Population demographics (The make up of the population) employment and wage levels.
A real estate professional who has several years of experience in the industry decided to retire from actively marketing properties. Now this person helps clients choose among the various alternatives involved in purchasing, using, or investing in property. What is person's profession?
Real Estate counselor
Which of the following is NOT an example of governmental power? Remainder Police Power Eminent domain Taxation
Remainder
An easement appurtenant
Runs with the land
Partition
Sean and Robin are joint tenants on a property. Sean would like to sell, but Robin will not agree to the sale of the property. A possible remedy for Sean would be a lawsuit for .
Partition
Sean and Robyn are joint tenants on a property. Sean would like to sell, but Robyn will not agree to the sale of the property. A possible remedy for Sean would be a lawsuit for —————-.
rectangular survey system
Sections and townships are used in the .
Which of the following refers to ownership by one person? A) Tenancy by the entirety B) Community Property C)Tenancy in common D) Severalty
Severalty. Severalty ownership is ownership by one person severed — cut off— from all others.
A corporation is a legal entity, recognized as an artificial person. Property owned solely by the corporation is owned in...
Severalty. The term person does not always refer to a natural individual - a human; the law regards a corporation as an artificial person. Because this is so, a corporation can own real estate in severalty (alone)
The act by which real property can be converted into personal property?
Severance
Severalty
Sole ownership; owned by one person only.
Testate
Someone who dies with a will.
Testate
Someone who has died and left a will is said to have died
Schools would be considered part of which real estate classification?
Special purpose
A buyer purchased a parcel of land and immediately sold the mineral rights to an oil company. The buyer gave up what?
Subsurface rights
Three people were concurrent owner of a parcel of a parcel of real estate. When one of the owners died, that interest became part of the deceased's estate. The deceased was... A) a joint tenant B) a tenant in common C) a tenant by the entirety D) a severalty owner
Tenant in common. If the deceased had been a joint tenant, the property would not have passed to an joint tenant, the property would not have passed to an heir as prescribed in her will because joint tenancy supersedes a will. The deceased also was not a tenant by the entirety, a category reserved for spouses. Nor was the deceased an owner in severalty because that requires property to be held by only one person.
A parcel of property was purchased by two friends. The deed they received from the seller at closing transferred the property without stipulating a form of ownership. The two friends took title as which of the following? A) Joint tenants B) Tenants in common C) Tenants in the entirety D) Community property owners
Tenants in common. When joint tenancy is not clearly prescribed by the deed, grantees take title as tenants in common - to avoid accidental joint tenancy. Unmarried persons are unable to hold community property or be tenants by the entirety because bothe are reserved for married couples.
Regarding eminent domain what is condemnation?
The actual process in which the government takes the property
Brokerage
The business of bringing people together in a real estate transaction
brokerage
The business of bringing people together in a real estate transaction
Estates in Land
The degree, quantity , nature and extent of interest that someone has in real property
Land
The earth surface, its subsurface extending downward to the center and the air space abov
Land
The earth surface, its subsurface extending downward to the center and the air space above
Cooperative
The entire development is owned by a corporation. The owner would get a proprietary lease to give them the right to lease a unit in that development.
Cooperative
The entire development is owned by a corporation. The owners would get a proprietary lease to give them the right to lease a unit in that development.
The concept of taking a property for public use is found where in our law?
The fifth amendment of the U.S. Constitution
What is eminent domain?
The government's right to acquire a private property for public use
Erosion
The gradual and sometimes imperceptible wearing away of land by natural forces, such as wind, rain, and flowing water
Real Property
The interest benefits and rights it automatically included in the ownership of real estate
Real Property
The interest benefits and writes it automatically included in the ownership of real estate
Probate
The legal or court process that is intended to properly allocate and distribute the assets of a deceased individual .
Probate
The legal or court process that is intended to properly allocate and distribute the assets of a deceased individual.
Grantor
The party in a deed that is selling the property or giving it away
Grantor
The party in a deed that is selling the property or giving it away is the .
Severance
The process of changing real property into personal property
accretion
The process where land is gained by deposits from a river, lake or sea
Police powers
The right of the government to pass laws which affect the usage of property
police power
The right of the government to pass laws which affect the usage of property.
eminent domain
The right of the government to take property for the public good or for public usage with fair compensation.
Escheat
The right of the government to take property when somebody dies with no will and no heirs.
Escheat
The right of the government to take property when someone dies with no will and no heirs
Easement means
The right to use the land of ANOTHER for a particular purpose
Easement Appurtenant
The right to use the land of a neighbor that benefits a dominant tenement.
What is police powers?
The state's power to enact legislation to preserve order, protect the public health and safety, and promote the general welfare of a citizen
Avulsion
The sudden removal (loss) of soil (land) by an act of nature
Possession, interest, time, and title
The unities present in a joint tenancy
leverage
The use of borrowed money to finance investments, by making a low down payment, paying as low of an interest rate as possible, and spreading the payments over the longest possible time
Leverage
The use of borrowed money to finance investments, by making a low down payment, tank as low as inside as possible, and spreading the payments out over the long is possible term is
An ownership interest that can be an estate interest or a right of use is a... A) leasehold B) time-share C) condominium D) cooperative
Time-share. A real property interest and the right to use the facilities for a certain period of time is called a time-share.
An owner purchased an interest in a house in Beachfront. The owner is entitled to the right of possession only between July 10 and August 4 of each year. Which of the following is MOST likely the type of ownership that has been purchased? A) Cooperative B) Condominium C) Time-share
Time-share. When a person holds an interest in property for a stated time each year, that person is sharing the property according to a time plan. It is a time-share.
Community Property
Under married couples are considered equal parties, and any property acquired during the marriage is owned equally.
non homogeneity refers to
Uniqueness
Which factor is MOST likely to influence demand for real estate?
Wage levels and employment opportunities
Littoral rights are ____________.
Water rights along a lake or larger body of water
When does encroachment occur?
When a building, fence, or driveway illegally extends beyond the boundaries of the land of its owner or legal building lines
General partnership
When all the owners participate in the operation and management and all can be held equally liable.
Under what conditions can the US government take private property for public use?
When land is taken for public use through the government's power of eminent domain, the owners must be compensated fairly
Community property
When married couples are considered equal parties, and any property acquired during the marriage is owned equally.
supply and demand
When supply goes up, prices go down; when demand goes up, prices go up
Actual Notice
When the information of an interest in a property is not only available, but someone is actually aware of that interest.
Are Fee Simple Freehold Estates inheritable?
Yes
Can licenses be terminated by the owner of the property?
Yes
appurtenance
a benefit that goes along with ownership of a property and transfers to the new owner when the property is sold
A person who performs a visual survey of a property structure and writes a report for a buyer is
a home inspector
A person has permission from a property owner to hike on the owner's property during the autumn months. The hiker has...
a license
Because a homeowner failed to pay the real estate taxes on time, the taxing authority imposed a claim against the homeowner's property. This claim is known as a(n)
a lien
What is a lis pendens?
a pending lawsuit
A person or company responsible for maintaining a client's property and maximizing the return on the client's investment is serving as
a property manager
A professional opinion of a property's market value, based on established methods and using trained judgement, is performed by
a real estate appraiser
A property owner who has the legal right to use a neighbor's land holds...
an easement
The type of easement that is a right-of-way for a utility company's power lines is...
an easement in gross
The new owner of a property installs a fence on the property. By mistake, the fence extends on foot over the lot line onto a neighbor's property. The fence is an example of...
an encroachment
The difference between the cost basis of property and its net selling price is
capital gain
Water Rights
common-law (historical) or statutory rights held by owners of land adjacent to rivers, lakes, or oceans and are restrictions on the rights of land ownership
Another name for depreciation is
cost recovery
Detailed information about the age, education, behavior, and other characteristics of members of a population group is called
demographics
A property on Main Street that was formerly a retail store will become the site of a new city hall made possible by the government's power of...
eminent domain
The right of a government body to take ownership of real estate for public use is called ...
eminent domain
The process by which government takes control of a property after the owner dies without a will or lawful heirs is...
escheat
A homeowner may be allowed certain protection from judgements of creditors as a result of the state's...
homestead rights
accretion
increases in the land resulting from the deposit of soil by the water's action
The use of borrowed money to finance an investment, by making a low down payment, paying as low an interest rate as possible, and spreading the payments out over the longest possible term is
leverage
Nationwide Multistate Licensing System and Registry was created to register
mortgage loan originators
A homestead is a legal life estate in real estate that is...
occupied as the family home
General Warranty Deed
offers the most protection for a grantee.
A license is an example of
personal privilege
In general, when the supply of a certain commodity increases,
price tends to drop
When demand for a commodity decreases and supply remains the same,
price tends to fall
An owner conveys ownership of his residence to his church but reserves for himself a life estate in the residence. The future interest held by the church is a ...
remainder
Your neighbors use your driveway to reach their garage on their property. Your attorney explains that ownership of the neighbors' real estate includes an easement appurtenant giving them the driveway right. Your property is the: dominant tenement tenement leasehold servient tenement
servient tenement
Severalty
sole ownership; owned by one person only
Property management, appraisal, financing, and development are all examples of...
specializations within the real estate industry
Voluntary Alienation
the legal term for the voluntary transfer of title
What is severance?
the process by which an item of real property becomes personal property
