POST 303 - Section 6
Which of the following properties is exempted by North Carolina fair housing laws: There are no exemptions to fair housing laws in North Carolina For sale by owner properties Single sex dormitories Coed dormitories
Single sex dormitories
Parcels of more than how many acres are not defined as subdivided lots, provided they have no street right-of-way dedication: 20 acres 15 acres 10 acres 5 acres
10 acres
Because of a new scenic corridor zoning ordinance, Ben can no longer use all of the land on one of his properties for shipping container storage. The ordinance would have to deprive Ben of use of the following percentage of the property's economically beneficial acreage to be an unconstitutional taking: 10% 50% 75% 100%
100%
When required, waterway vegetation buffer zones run at least how far from the water's edge: 30 feet 20 feet 15 feet 10 feet
30 feet These buffer zones must usually run at least 30 to 50 feet from the water's edge, though sometimes they must be larger. (Learning Objective: Recognize environmental laws and issues)
Which of the following is an example of a subdivision: A division of a 1 acre or parcel into 2 lots by a single owner with no public roads A division of land without public roads into lots, each greater than 20 acres A division of land with public roads into two or more lots A division of land with public roads into one lot
A division of land with public roads into two or more lots
Which of the following properties is most likely to feature a noncommercial UST: A warehouse in a rural area built in 2020 A house in a rural area built in 1964 A house built in Charlotte in 1983 An apartment in a building in Durham that was built in 2005
A house in a rural area built in 1964 A residential property that was built decades ago in a rural area is most likely to have used a noncommercial UST as a heat source. (Learning Objective: Recognize environmental laws and issues)
Which of the following wastewater systems would be illegal: A farm using a septic system A restaurant sending water to a sewage treatment plant A house using a straight-pipe system A house using a septic system
A house using a straight-pipe system
Which of the following wastewater systems would be illegal: A house using a septic system A house using a straight-pipe system A restaurant sending water to a sewage treatment plant A farm using a septic system
A house using a straight-pipe system Straight-piping involves releasing wastewater directly into water or onto land and is illegal. (Learning Objective: Recognize environmental laws and issues)
The obligation of disclosure states: A seller must disclose material facts that he knows or should have known A seller must disclose only material facts that he knows A licensee must disclose material facts that she knows or should have known A licensee must disclose only material facts that she knows
A licensee must disclose material facts that she knows or should have known
Compliance with CAMA is: Unnecessary for a buyer's agent to inquire about Unnecessary for a broker to disclose A nonmaterial fact A material fact
A material fact
A 3-day recission period and a refund of all monies occurs if there is a failure to provide what before an offer is made: A residential property and owners association disclosure statement Non-disclosure agreement List of material facts about the property List of defects of the property
A residential property and owners association disclosure statement
Formal acknowledgement by the state or municipality of responsibility for the roads or streets in a subdivision is known as: Devotion Denotation Acceptance Dedication
Acceptance
Tenancy by the entirety is defined as: Each owns part of the whole, can have a different percentage, default for unmarried people Each owner has an equal share, includes right of survivorship, must have 4 unities: Time, Title, Interest, and Possession Acquired after marriage with no right to partition, both must sign to convey One person, legal or real, that is "sole and separate," that passes at death to the person's heirs
Acquired after marriage with no right to partition, both must sign to convey
Which of the following scenarios would be an example of puffing: Zurina tells a prospective tenant that an apartment's living room receives direct sunlight in the summer, but that is not the case Dave tells a buyer that a bed bug infestation that was noticed six months ago has been eradicated, when in fact it is still an issue Penelope tells a prospective tenant that an apartment building has a finished, furnished roof deck, but after the tenant moves in he realizes the owner keeps the door to the roof locked to tenants Adam tells a buyer about a home's "beautiful dine-in kitchen," but the buyer sees that the kitchen would likely only accommodate a small table and one chair
Adam tells a buyer about a home's "beautiful dine-in kitchen," but the buyer sees that the kitchen would likely only accommodate a small table and one chair Puffing, a boastful expression of a broker's opinion about a property, is not misrepresentation of material facts. Adam is merely exaggerating the kitchen's features, not making untrue assertions about them. (Learning Objective: Apply duty to discover and disclose material facts to real estate transactions)
The North Carolina Dredge and Fill Act: Is intended to give less restrictive access to dredging in North Carolina Affects wetlands and the coast Is not under the federal Clean Water Act Allows anyone to dredge without a permit
Affects wetlands and the coast The North Carolina Dredge and Fill Act requires a permit for dredging, affects wetlands and the coast and is part of the federal Clean Water Act. (Learning Objective: Recognize environmental laws and issues)
The following could be a material fact about a house for sale: The electronic doorbell system no longer works After it rains, an area of the yard doesn't drain properly An earlier tenant believed the house was haunted by a ghost The previous owner died of a heart attack in the living room
After it rains, an area of the yard doesn't drain properly
The following could be a material fact relating to a house for sale: A shopping center is being built two blocks away in the coming year The property was rezoned from commercial to residential last year An adjacent road is being repaved in the coming year An adjacent road is being widened in the coming year
An adjacent road is being widened in the coming year
Which of the following is most likely NOT a material fact in a transaction: There are plans to build an open-air concert venue in the park across the street from a house A buyer isn't able to close on a home before selling his current apartment An apartment is within walking distance of several bars A house's roof has a leak
An apartment is within walking distance of several bars
Discrimination in the sale of a property based on which of the following characteristics would violate the NC State Fair Housing Act: Kim's yearly income of $21,000 Asalah's Muslim faith Isaac's coming from New York Lena's Duke basketball fandom
Asalah's Muslim faith
Lamar owns 22 single-family properties. He marries Bethany and they purchase a property in both their names. Lamar contracts to sell two of his rental properties. Who must sign the Warranty Deeds conveying the rental properties to the Buyers? Either Bethany or Lamar Both Bethan and Lamar Lamar only Bethany only
Both Bethan and Lamar
The North Carolina Coastal Area Management Act (CAMA) requires the acquisition of a permit before: Conducting an ESA Bulkheading Selling a property Leasing a property
Bulkheading
Different methods of taking title include all of the following EXCEPT: Tenancy by the entirety Tenancy in common or Joint tenancy By force Severalty
By force
Failure to obtain final approval prior to transfer: Can cause the county to get injunctive relief (an order to cease activity) Is common practice Will not result in denial of building permits Is a felony offence
Can cause the county to get injunctive relief (an order to cease activity)
If there are no material differences between the preliminary and final plat, a contract for the sale of a lot: Must require that the buyer close within 10 days of the receipt of the final recorded plat Can't require that the buyer close earlier than 5 days after the receipt of the final recorded plat Can't require that the buyer close earlier than 10 days of after the receipt of the final recorded plat Must require that the buyer close earlier than 5 days after the receipt of the final record plat
Can't require that the buyer close earlier than 5 days after the receipt of the final recorded plat
Which of the following is the correct order in which a housing discrimination complaint is processed: Complaint is filed, investigation takes place, informal conferences and conciliation, legal enforcement Informal conferences and conciliation, complaint is filed, investigation takes place, legal enforcement Investigation takes place, complaint is filed, informal conferences and conciliation, legal enforcement Complaint is filed, investigation takes place, legal enforcement, informal conferences and conciliation
Complaint is filed, investigation takes place, informal conferences and conciliation, legal enforcement
Roads and streets in North Carolina are maintained by all of the following EXCEPT: Counties HOA's and developers Municipalities NCDOT
Counties There are no county roads in North Carolina, no county is responsible for maintaining roads or streets. (Learning Objective: Explain Street Disclosure law)
Subdivision of land is regulated by: Owners' associations Counties and municipalities HUD The state
Counties and municipalities
An action by a developer to have the state or municipality accept responsibility for the roads or streets in a subdivision is known as: Devotion Denotation Acceptance Dedication
Dedication
A subdivision lot disclosure statement must certify that any public street in front of the property has been approved by the: Division of Bicycle & Pedestrian Transportation DMV Division of Highways Turnpike Authority
Division of Highways
Tenancy in common is defined as: Each owns part of the whole, can have a different percentage, default for unmarried people Each owner has an equal share, includes right of survivorship, must have 4 unities: Time, Title, Interest, and Possession Acquired after marriage with no right to partition, both must sign to convey One person, legal or real, that is "sole and separate," that passes at death to the person's heirs
Each owns part of the whole, can have a different percentage, default for unmarried people
Prospective purchasers of property in a planned community should NOT: Expect to be discriminated based on race or gender Be informed of enforcement and collection remedies Receive explanation of annual and special assessments Be informed of the nature of planned community governance
Expect to be discriminated based on race or gender
Material facts include all of the following EXCEPT: Facts known to be of particular importance to a party Facts relating to the seller's financial situation Facts relating to the property's surrounding area Defects about the property itself
Facts relating to the seller's financial situation
Which of the following actions is most likely to cause sedimentation: Renovating an office space Buying a home on the coast Farming near a river Building a warehouse next to a cluster of other warehouses in an industrial zone
Farming near a river
All of the following are exempted in North Carolina from fair housing laws EXCEPT: For sale by owner properties Single sex dormitories Private Clubs Dwellings for religious organizations
For sale by owner properties
In 2018, Frank is surprised to discover a noncommercial UST on his property. An inspection reveals that the UST was installed in 1997, and that it is leaking and has contaminated the soil. Which of the following is TRUE regarding remediation costs: Frank is eligible for federal funds administered by the EPA to defray remediation costs Frank may be eligible for federal funds administered by the NC Department of Environmental Quality to defray remediation costs Frank is eligible for state reimbursement funds to defray remediation costs Frank is ineligible for any state or federal funds to defray remediation costs
Frank is ineligible for any state or federal funds to defray remediation costs Owners who discover an issue with a noncommercial UST after July 1, 2015, aren't eligible for state reimbursement funds. There are no federal reimbursement funds to defray the remediation costs of noncommercial USTs. (Learning Objective: Recognize environmental laws and issues)
Which of the following is NOT one of the various services and amenities that might generally be paid by the owners' association of a planned community: Water Recreational amenities, such as a swimming pool Internet services Grocery delivery
Grocery delivery
Brokers are required to disclose what regarding subdivision streets: How loud traffic gets The names of the streets If they are public or private How heavily trafficked they are
If they are public or private
Describe the process of developing a subdivision: Initial planning state, final planning stage disposition start up, final plat approval Initial planning stage, final planning stage, disposition start up, selling lots Initial planning stage, final planning stage, final plat approval, selling lots Initial planning stage, disposition start up, final plat approval, selling lots
Initial planning state, final planning stage disposition start up, final plat approval
Which of the following is not one of the classes expressly protected by the Federal Fair Housing Act: LGBT status Sex/gender Color Handicap/disability
LGBT status LGBT people are not expressly protected by the Federal Fair Housing Act, but they are protected by Housing and Urban Development policy. (Learning Objective: Differentiate between NC State Fair Housing Act and Federal Fair Housing Act)
In 2020, Lenora is surprised to discover a commercial UST on her property. An inspection reveals that the UST was installed in early 2015, and that it is leaking and has contaminated the soil. Which of the following is TRUE regarding remediation costs: Lenora is eligible for federal funds administered by the EPA to defray remediation costs Lenora may be eligible for federal funds administered by the NC Department of Environmental Quality to defray remediation costs Lenora is eligible for state reimbursement funds to defray remediation costs Lenora is ineligible for any state or federal funds to defray remediation costs
Lenora may be eligible for federal funds administered by the NC Department of Environmental Quality to defray remediation costs Owners who discover that a commercial UST was installed before July 1, 2015, may be eligible for federal funds administered by the NC Department of Environmental Quality. (Learning Objective: Recognize environmental laws and issues)
The literal meaning of "Caveat Emptor" is: Let the buyer bear Let the seller prepare Let the buyer beware Let the seller beware
Let the buyer beware
Advising the seller of his obligations, statutory duties, and right to cancel is the obligation of the: State government Buyer's agent Buyer Licensee
Licensee
Lenders require road maintenance agreements on private roads and streets. It is the responsibility of the broker to do all of the following EXCEPT: Look for "red flags" regarding maintenance Advise the buyer to obtain the agreement and read it Inquire about the agreement Maintain the roads themselves when necessary
Maintain the roads themselves when necessary
The main purpose of a waterway vegetation buffer zone is to: Prevent flooding in residential areas Minimize the effects of pollution Secure waterfront land for agricultural use Secure waterfront land for public parks and recreation areas
Minimize the effects of pollution
Fair Housing in North Carolina is enforced by: City ordinances Municipalities NC Human Relations Commission Federal agencies
NC Human Relations Commission
A housing discrimination complaint can be filed with the: NC Department of Health and Human Services Housing Finance Agency of NC NC Human Relations Commission Local housing authority
NC Human Relations Commission A housing discrimination complaint can be filed with either the federal Department of Housing and Urban Development or the NC Human Relations Commission. (Learning Objective: Differentiate between NC State Fair Housing Act and Federal Fair Housing Act)
When must a buyer's agent disclose the buyer's plans for a property to the seller: Never When the buyer plans to demolish or significantly remodel any existing buildings on the property When the seller's knowledge of the buyer's plans might result in a lower price for the property When the seller's knowledge of the buyer's plans might result in a higher price for the property
Never
The doctrine of Caveat Emptor is equally applicable to brokers and sellers: Never, a broker is accountable for willful and negligent misrepresentations Never; a broker is accountable for willful misrepresentations When dealing with residential real estate When dealing with commercial real estate
Never, a broker is accountable for willful and negligent misrepresentations The doctrine of Caveat Emptor applies mostly for sellers. Brokers are accountable for willful and negligent misrepresentations or omissions to both buyers and sellers. (Learning Objective: Analyze how the doctrine of Caveat Emptor applies to sellers and real estate licensees)
Lamar owns 22 single-family properties. He marries Bethany and they purchase a property in both their names. Lamar contracts to sell two of his rental properties. Does Bethany have any title interest of record in Lamar's 22 rental properties? No Yes
No
A large apartment complex does not have assigned parking, although there are spaces reserved at various points in the parking areas for persons with state-issued handicap stickers. A tenant displays a handicap sticker from the tenant's car to the apartment complex manager and demands that an additional handicap parking space in the immediate area of the tenant's apartment be reserved exclusively for that tenant. Because the tenant appears to have no mobility issues, the apartment manager asks for additional written verification from the tenant's doctor concerning the nature of the tenant's handicap. The apartment manager also notes that there are several spaces reserved for the handicapped within 100 feet of the tenant's apartment. The tenant refuses to provide additional verification insisting that the state-issued handicap sticker is all that should be necessary. After consultation with the landlord, the apartment manager refuses to reserve an exclusive handicap parking spot for the tenant. Is there reasonable cause to believe that the Fair Housing Act has been violated? Yes, because the actions of the landlord and apartment complex manager constitute a failure to reasonably accommodate a handicapped tenant. Yes, because the state-issued handicap sticker from the tenant's automobile is sufficient evidence that the tenant is legally handicapped. No, because it is reasonable under these circumstances to require that the tenant substantiate the purported handicap and the handicap sticker alone is not conclusive. No, because the landlord already provides handicapped parking space areas in the complex.
No, because it is reasonable under these circumstances to require that the tenant substantiate the purported handicap and the handicap sticker alone is not conclusive.
An owner of an 8-unit apartment building wishes to rent a vacant apartment but has had unfavorable experiences in the past with college students as tenants. The owner instructs the broker acting as rental agent and property manager that the owner will not rent to college students. Two Caucasian college students, one male and one female, 18 and 19 years of age, contact the broker and express an interest in renting the vacant unit. The broker frankly informs the students of the owner's instructions and refuses to show them the apartment. The students become very upset because of a shortage of rental housing in the area and contact a lawyer. Will the lawyer conclude that there is reasonable cause to believe that the Fair Housing Act has been violated? No, because the Fair Housing Act does not include "college students" as a protected group. No, because the owner has had bad experiences with college student renters in the past. Yes, because there is discrimination based on the students' ages. Yes, because there is discrimination based on familial status.
No, because the Fair Housing Act does not include "college students" as a protected group.
The owner of a single-family home lists the home for sale with a real estate broker. The owner lives in the home, does not own any other single-family houses, and is not in the business of selling real property. After entering into the listing agreement, the owner informs the broker that the owner will not accept any offer from a member of any racial minority. The owner bases this assertion on research of the Fair Housing Act conducted on the Internet. Is the homeowner's assertion correct? Yes, because of the single-family home exemption in the Fair Housing Act. Yes, because the owner is not in the business of selling real property. No, because there are no exemptions to the Fair Housing Act. No, because the owner's house is being sold with the services of a real estate broker.
No, because the owner's house is being sold with the services of a real estate broker.
An ESA would be needed prior to the leasing of a: Single family house Beach house Apartment Office
Office
Severalty ownership is defined: Each owns part of the whole, can have a different percentage, default for unmarried people Each owner has an equal share, includes right of survivorship, must have 4 unities: Time, Title, Interest, and Possession Acquired after marriage with no right to partition, both must sign to convey One person, legal or real, that is "sole and separate," that passes at death to the person's heirs
One person, legal or real, that is "sole and separate," that passes at death to the person's heirs
Under federal law, the exception to fair housing in for sale by owner transactions requires: There is no exception to fair housing in for sale by owner transactions No discriminatory advertising and no brokerage involved Ownership of three or less properties and no brokerage involved Ownership of three or less properties, no discriminatory advertising, and no brokerage involved
Ownership of three or less properties, no discriminatory advertising, and no brokerage involved Federal exemptions to fair housing in for sale by owner transactions require ownership of three or less properties, no discriminatory advertising, and no brokerage involved. (Learning Objective: Differentiate between NC State Fair Housing Act and Federal Fair Housing Act)
According to NCREC section 93A-6, willful misrepresentations, negligent misrepresentations, willful omissions, and negligent omissions are all examples of: Common practice of a licensee Prohibited conduct of a licensee Shameful conduct of a licensee Permissible conduct of a licensee
Prohibited conduct of a licensee
In 2020, Randy decides to install a noncommercial underground storage tank (UST) on his property. Which of the following is TRUE about the installation requirements: Randy doesn't need to notify any agency or obtain a permit to install the UST Randy must notify the local government about the installation of the UST Randy must receive a permit from the EPA to install the UST Randy must allow the NC Department of Environmental Quality to inspect the UST
Randy doesn't need to notify any agency or obtain a permit to install the UST
The North Carolina Sediment Pollution Control Act restricts all of the following actions EXCEPT: Selling Constructing Excavating Building
Selling
All of the following will terminate tenancy by the entirety EXCEPT: Separation Agreement by parties Divorce Death
Separation Separation does not end tenancy by the entirety. (Learning Objective: Distinguish between different forms of ownership)
Concurrent Ownership (ownership with others) includes all of the following EXCEPT: Severalty Tenancy by the entirety Joint tenancy Tenancy in common
Severalty
Which of the following would most likely be a material fact about Abbie's ability to complete the purchase of an apartment: She is unlikely to qualify for a loan She is behind on mortgage payments for the house She bought a house six months ago She is a single mother with four children
She is unlikely to qualify for a loan
A court ordered action to end co-ownership that is based on the percentage of ownership where a property may be ordered to be sold and the proceeds divided between parties describes: Suit for separation Suit for division Suit for partition Suit for truncation
Suit for partition
Which of the following would NOT be included in an ESA: Evaluation of the property's suitability for any current or future use Inspection of public records that might reveal environmental problems Summary of the current owner's donations to environmental groups/nonprofits, if applicable History of the property's past use
Summary of the current owner's donations to environmental groups/nonprofits, if applicable An environmental site assessment, or ESA, would not outline a property's current owner's charitable contributions. (Learning Objective: Recognize environmental laws and issues)
Lamar owns 22 single-family properties. He marries Bethany and they purchase a property in both their names. Lamar contracts to sell two of his rental properties. How do Lamar and Bethany own their home? Tenants by the entirety Joint tenants with right of survivorship Tenants in common Severalty
Tenants by the entirety
Public streets must comply with the standards of: The US Department of Transportation The North Carolina Department of Transportation Local planned communities Local transportation authorities
The North Carolina Department of Transportation
Leon is looking to buy an apartment. He tells his broker that he suffers from a medical condition that makes him extremely sensitive to noise--too much and he gets debilitating migraines. His broker finds him a nice apartment, but when inside of it, one can often hear the downstairs tenants' TV. Which of the following is TRUE about this transaction: The seller must disclose the possibility of hearing the TV noise The broker must disclose the possibility of hearing the TV noise The broker must disclose Leon's medical condition to the seller There are no material facts that need to be disclosed
The broker must disclose the possibility of hearing the TV noise
Before a broker accepts a listing for a subdivided lot, it is most important for her to inspect: Any roads bordering the lot Proof of a survey of the new lot prepared by an engineer The final approved and recorded subdivision plat The preliminary subdivision plat
The final approved and recorded subdivision plat
The North Carolina Leaking Petroleum Underground Storage Tank Act declares: The owner is never liable for any cleanup The owner is liable for cleanup regardless of the tank's placement The owner is not liable for cleanup if he installed the petroleum properly and it was the fault of the manufacturer of the holding tank The owner is liable for cleanup only if he placed the petroleum underground
The owner is liable for cleanup regardless of the tank's placement
If the final plat in a subdivision differs materially: The purchaser is not entitled to rescind The purchaser can rescind and receive a full refund The purchaser can rescind but loses all monies given The purchaser can rescind for a small fee
The purchaser can rescind and receive a full refund
Kevin is unfamiliar with a property he is showing to a potential buyer. He reassures the client that there is no asbestos on the property, despite not knowing that asbestos can actually be found on the property. He made no effort to verify the presence of asbestos. Kevin is likely guilty of: Nothing Willful omission Willful misrepresentation Negligent misrepresentation
Willful misrepresentation
Intentionally advertising a property with particular characteristics that the broker knows are false is an example of what prohibited conduct of a licensee: Negligent omission Willful omission Negligent misrepresentation Willful misrepresentation
Willful omission
Which of the following is an exception to the doctrine of Caveat Emptor: The seller must avoid engaging in acts intended to prevent a buyer from investigating the property The seller must disclose any harmful materials or substances on the property, such as asbestos or radon gas The seller must disclose any damage to the property from natural causes, such as floods or pests The seller must disclose any sources of excessive noise near the property
The seller must avoid engaging in acts intended to prevent a buyer from investigating the property A seller must not engage in artifice or fraud that would cause a buyer to forego investigating the property for facts the seller might not want to be disclosed. (Learning Objective: Analyze how the doctrine of Caveat Emptor applies to sellers and real estate licensees)
Under state law, the exception to fair housing in for sale by owner transactions requires: There is no exception to fair housing in for sale by owner transactions No discriminatory advertising and no brokerage involved Ownership of three or less properties and no brokerage involved Ownership of three or less properties, no discriminatory advertising, and no brokerage involved
There is no exception to fair housing in for sale by owner transactions Federal exemptions to fair housing in for sale by owner transactions require ownership of three or less properties, no discriminatory advertising, and no brokerage involved, but in North Carolina there is no exemption. (Learning Objective: Differentiate between NC State Fair Housing Act and Federal Fair Housing Act)
Which of the following is TRUE about the Federal and NC State Fair Housing Acts: While familial status is protected under the federal act, it is not under the state act Violations of the state act generally do not violate the federal act Some violations of the federal act do not violate the state act They diverge on issues of discrimination against LGBT people
They diverge on issues of discrimination against LGBT people The federal and state acts conform on most issues other than those involving discrimination against LGBT people. (Learning Objective: Differentiate between NC State Fair Housing Act and Federal Fair Housing Act)
To whom does a seller need to present a residential property and owners association disclosure statement and when: To a buyer, prior to an offer To a listing agent, prior to an offer To a buyer, at first substantial contact To a listing agent, at first substantial contact
To a buyer, prior to an offer
According to the restriction on transfer, prior to final plat approval, a broker can do all of the following EXCEPT: Sign contracts and hold deposits Transfer, convey and close Take reservations Write contracts
Transfer, convey and close
Which of the following is true about housing discrimination complaints and HUD: HUD rarely processes housing discrimination complaints Upon receipt of a complaint, HUD must refer it to the NC Human Relations Commission HUD itself can't file a complaint Upon receipt of a complaint, HUD must file a lawsuit against the accused party
Upon receipt of a complaint, HUD must refer it to the NC Human Relations Commission HUD is required to refer all complaints to the NC Human Relations Commission because the State Fair Housing Act is certified as substantially equivalent to the Federal Fair Housing Act (Learning Objective: Correctly apply either the NC State Fair Housing Act or the Federal Fair Housing Act)
Which of the following could be described as grey water: Water from a washing machine drain Industrial process wastewater Sewage Brackish water
Water from a washing machine drain
The North Carolina Coastal Area Management Act (CAMA) protects: Lakes and dams Rivers and waterways Mountain ridge lines Wetlands and marshes
Wetlands and marshes
Intentionally refusing to add a material fact in a disclosure statement is what type of prohibited conduct by a licensee: Negligent omission Willful omission Negligent misrepresentation Willful misrepresentation
Willful omission
A contract for the sale of a lot must allow the buyer to terminate the contract: Within 30 days following delivery of the final recorded plat, provided there are material differences from the preliminary plat Within 15 days following delivery of the final recorded plat, provided there are material differences from the preliminary plat Within 15 days following delivery of the final recorded plat Within 15 days following delivery of the preliminary plat
Within 15 days following delivery of the final recorded plat, provided there are material differences from the preliminary plat
According to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and state law, when must the Inactive Hazardous Wastes Branch of the NC Division of Waste Management be notified of the discovery of an inactive hazardous substance: Within 30 days Within one week Immediately Within 90 days
Within 90 days
Clark plans to divide his 1.5 acre property into 2 lots. The lots will exceed the county's standards for subdivisions, and there will be a street right-of-way declaration. The new lots: Would be defined as a subdivision because there will be a street right-of-way declaration Would be defined as a subdivision because the entire area of land is greater than 1 acre Would not be defined as a subdivision because the entire area of the land will be divided into less than three lots Would not be defined as a subdivision because the entire area of the land is less than 2 acres
Would be defined as a subdivision because there will be a street right-of-way declaration Even if newly divided land would fall outside of the definition of a subdivision based on its acreage and number of lots, if it involves a street right-of-way declaration, it is viewed as a subdivision. (Learning Objective: Understand subdivision regulations)
A large condominium development has a strict, consistently enforced "no pets" policy. The condominium association board made an exception several years ago and allowed a seeing-eye dog in a unit as a reasonable accommodation to a blind tenant. Recently, a condominium unit owner with diagnosed post-traumatic stress disorder has submitted a request to the condominium association board for an "emotional support" service dog. The request is supported by written verification from the unit owner's psychiatrist and doctor that a dog will provide therapeutic nurture and support for the tenant's post-traumatic stress disorder. The proposed service dog has been professionally trained and will not pose a threat or disturbance to the other unit owners. The board members empathized with the unit owner's personal situation but denied the request. Is there reasonable cause to believe that the Fair Housing Act has been violated? No, because the accommodation requirement for service dogs is limited to physical disabilities. No, because an exception to the "no pets" policy for unit owners with psychiatric disabilities would eventually render that policy meaningless. Yes, because the condominium association board has allowed a service dog in the past. Yes, because allowing the service dog constitutes a reasonable accommodation under the Fair Housing Act.
Yes, because allowing the service dog constitutes a reasonable accommodation under the Fair Housing Act.
A home builder follows the practice of having a mortgage loan agent at the site during open houses. The agent represents a bank that works with the builder to provide mortgage loan financing for the builder's customers. The agent has a one-to-ten personal rating system based in part on credit worthiness and in part on the agent's face-to-face evaluation of the loan applicant's general reliability. Applicants with a score of 6 or higher receive loans; those earning a score of less than 6 do not receive loans. By this process, the agent rejects a majority of African American loan applicants while approving a majority of Caucasian applicants. One rejected African American couple discovers that their combined income and credit rating is superior to that of Caucasian friends who received a mortgage loan through the bank's agent. They complain, but the agent informs them that the process involves more than income and traditional credit ratings. Is there reasonable cause to believe that the Fair Housing Act has been violated? No, because there is no evidence that the agent had an intent to discriminate based on race. No, because some African American couples receive loans through the agent's personal rating system. Yes, because the agent's personal rating system failed to make available a loan based on race. Yes, because the agent's personal rating system appears to have a disparate impact on African Americans as a group.
Yes, because the agent's personal rating system failed to make available a loan based on race.
The owner of a single-family home lists a home for sale with a real estate broker at a price of $455,000. An African American couple then tours the home and makes an offer to purchase the home at a price of $435,000. Because the broker feels that the owners may be adverse to selling to this couple, the broker holds the offer to purchase for several days. During that time, a Caucasian couple tours the home and makes an offer to purchase at a price of $450,000. The broker then presents both offers to the owner at the same time. The owner agrees to sell to the Caucasian couple because their offer is for an amount $20,000 above that of the African American couple. Is there reasonable cause to believe that the broker has violated the Fair Housing Act? Yes, because the broker did not process the offer of the African American couple in the usual manner. Yes, because broker engaged in the practice of panic selling. No, because the owner of the home did not unlawfully discriminate by accepting the higher offer. No, because the Act applies only to sellers, not real estate brokers.
Yes, because the broker did not process the offer of the African American couple in the usual manner.
The developers of a new residential development that will eventually include 800 homes, a golf course, tennis courts, swimming pool, health club, and other amenities, design and post an extensive web page extolling the many advantages of purchasing a new home in the development. The web page contains dozens of pictures of persons golfing, playing tennis, lounging around the pool, and working out in the health club. All web page pictures depict middle-aged Caucasian couples. There are no minorities, disabled persons, or children shown in any picture. Is there reasonable cause to believe that the Fair Housing Act is being violated? No, because the web page pictures standing alone constitute insufficient proof of discrimination. No, because there is no evidence that persons protected by the Fair Housing Act will refrain from purchasing homes in the development. Yes, because the web page proves a subjective intent on the part of the developers to illegally discriminate. Yes, because the cumulative effect of the web page pictures sends a message of a preference that excludes persons because of race, color, national origin, or familial status.
Yes, because the cumulative effect of the web page pictures sends a message of a preference that excludes persons because of race, color, national origin, or familial status.
The owner of a two-unit duplex lives in the upper unit. Recently, the lower unit became vacant and the owner posted the following message on Craigslist: For rent: Two-bedroom-two-bath lower unit in luxury duplex. Perfect for a mature person. Upscale suburban location adjacent to exclusive private country club. Country club guest privileges for the right tenant. Reply with your picture and a picture of any children. During the next several days, the owner ignored all responses that did not include a picture. One ignored response was from a Hispanic couple with two young children. Subsequently, the owner rented the unit to an elderly Caucasian man. The Hispanic couple contacted an attorney for legal advice. Is the attorney likely to advise that there is reasonable cause to believe that the Fair Housing Act has been violated? Yes, because the owner rented to a single Caucasian man. Yes, because the posting on Craigslist constitutes a publication that indirectly indicates a limitation or discrimination based on race, national origin and familial status. No, because the owner-occupied dwelling is exempt from the Fair Housing Act. No, because there is no evidence of the owner's intent to illegally discriminate.
Yes, because the posting on Craigslist constitutes a publication that indirectly indicates a limitation or discrimination based on race, national origin and familial status.
A tenant has a child who now must use a wheelchair for approximately ten months as a result of major surgery. The bathroom and bedroom doors in the tenant's apartment are too narrow to permit a wheelchair to pass. The tenant emails the landlord asking for permission to widen the two doorways at the tenant's expense. The tenant assures the landlord that the work will be done by a licensed contractor in a workmanlike manner. The landlord grants permission for the modifications on the condition that the tenant pay to return the doorways to their original width at the end of the tenancy. The tenant disagrees with the landlord's condition and insists that the doorways can be left in their widened state at the end of the tenancy. The landlord then refuses to permit widening of the doors. Is there reasonable cause to believe that the Fair Housing Act has been violated? Yes, because the tenant has requested a reasonable accommodation and wider doorways will not interfere with the landlord's or the next tenant's use and enjoyment of the premises. Yes, because the doorways must be widened at the landlord's, not the tenant's, expense. No, because the tenant is required to return the premises to their original condition at the tenant's expense. No, because the physical disability of the child is a temporary one.
Yes, because the tenant has requested a reasonable accommodation and wider doorways will not interfere with the landlord's or the next tenant's use and enjoyment of the premises.
A woman who is five months pregnant applies to rent a third-floor efficiency apartment in a ten-unit building with no elevator. The apartment manager processing the application makes a notation that reads: "Pregnant applicant will have health problems using three sets of stairs and, once child is born, efficiency apartment may be too small." Several days later, the apartment is rented to a single man. Upon hearing of this, the woman files a complaint with a fair housing agency asserting illegal housing discrimination based on familial status. Is there reasonable cause to believe that the Fair Housing Act has been violated? Yes, because the landlord failed to reasonably accommodate the pregnant woman. Yes, because the term "familial status" includes any person who is pregnant and the implied occupancy limitation is unreasonable. No, because pregnancy is not a handicap. No, because the "familial status" protections of the Act do not apply until a child is born.
Yes, because the term "familial status" includes any person who is pregnant and the implied occupancy limitation is unreasonable.
Michel is selling his property. There is currently a termite infestation in parts of the basement. Can Michel legally decline to disclose this fact to the buyer: Yes, by declining to provide the Residential Property and Owners' Association Disclosure Statement Yes, by answering "No Representation" to the item about wood destroying insects on the Residential Property and Owners' Association Disclosure Statement Yes, by answering "No" to the item about wood destroying insects on the Residential Property and Owners' Association Disclosure Statement No
Yes, by answering "No Representation" to the item about wood destroying insects on the Residential Property and Owners' Association Disclosure Statement