Licensing and Rules 3
45) All of the following are true of a firm license, EXCEPT: A) every real estate brokerage that is employing licensees must have a firm license B) a firm license must be obtained by a qualifying broker C) a firm license is only required when an entity has been formed D) A firm license must be renewed every year by June 30th
A) every real estate brokerage that is employing licensees must have a firm license
47) What is the maximum late fee that a landlord, owner or property manager may charge a tenant for delinquent rent? A) $15 or 5% of the rent, whichever is greater B) $15 or 5% of the rent, whichever is less C) $25 or 25% of the rent, whichever is greater D) $10 or 10% of the rent, whichever is less
A) $15 or 5% of the rent, whichever is greater
24) Which of the following is TRUE regarding tenant security deposits? A) Any property owner, landlord or property manager must place security deposits in a trust account B) Any a licensee or property manager must place such monies into a trust account C) A trust account is not required so long as the funds are securely held in an FDIC bank D) Only a licensed property manager is required to have a trust account
A) Any property owner, landlord or property manager must place security deposits in a trust account
2) Which of the following is correct regarding the handling of money by a provisional broker? I. Earnest money deposits and tenant security deposits received by the provisional broker must be delivered immediately to their broker-in-charge. II. An option fee or a due diligence fee, made payable to the seller, is not required to be immediately given to the broker-in-charge by the provisional broker and the provisional broker may hold onto these funds until they have an opportunity to turn these funds over to the seller. A) I only B) II only C) Both I and II D) Neither I nor II
A) I only
48) Which of the following statements is correct? I. The NC Real Estate Commission requires that rejected offers and trust account journals be kept at the real estate office and available for inspection for a period of three years II. The maximum time for a licensee to reinstate their expired license without additional education requirements is five years. 0 / 1 points A) I only B) II only C) Both I and II D) Neither I nor II
A) I only
25) Janice leased a property that was owned by an investor and managed by a licensed property manager. Janice was recently the victim of a domestic violence assault by her boyfriend who is also named in the lease. All of the following are TRUE, except: A) If request is made of the property manager they must change the locks and the owner must pay for the new locks on the property B) If requested the owner or property manager must change the locks within 48 hours or allow the tenant to do so C) Janice can be required to pay for the lock change D) Janice's boyfriend will remain liable on the lease, but the property manager nor owner do not have to give him access
A) If request is made of the property manager they must change the locks and the owner must pay for the new locks on the property
39) A licensee who is issued a disciplinary notice by the North Carolina Real Estate Commission: A) Is always entitled to a hearing B) Is not entitled to a hearing but may appeal the decision of the Commission if they disagree C) Is only entitled to a hearing if the license is being suspended or revoked D) Must request a hearing within 14 days of the notice
A) Is always entitled to a hearing
31) Earnest money given in the form of a check on an Offer to Purchase and Contract must be deposited by the BIC into an escrow account: A) No later than three banking days after acceptance of contract B) No later than 72 hours after receipt of money C) No later than three banking days from receipt D) No later than 72 hours after acceptance of contract
A) No later than three banking days after acceptance of contract
38) A tenant signs a two year residential lease. The landlord or owner subsequently sells or transfers the property eight months later. The new owner has issued the tenant a notice of lease termination. Can the new owner terminate the lease? A) No, the sale of property does not end a lease and the new owner must honor existing leases B) No, because the tenant's agreement was with the original owner and the original owner will remain the property manager regarding the lease C) Yes, provided that the new owner gives the tenant at least 90 days notice D) Yes, because sale of a property terminates a lease
A) No, the sale of property does not end a lease and the new owner must honor existing leases
30) In verifying and reporting square footage, a real estate licensee may rely on which of the following measurements? A) The square footage determined by the listing agent and placed into MLS. B) The measurement as contained and verified in public records. C) The square footage as contained in a previous appraisal or survey in a past transaction concerning the property. D) The square footage as reported by the seller.
A) The square footage determined by the listing agent and placed into MLS.
36) All of the following are TRUE regarding pet deposits in North Carolina, EXCEPT: A) a landlord or owner may prohibit pets including service animals so long as it done consistently B) a landlord or property manager can require a tenant with a service animal to provide a doctor's letter C) the landlord or property owner may make the deposit refundable D) a reasonable non-refundable pet deposit may be charged to a tenant
A) a landlord or owner may prohibit pets including service animals so long as it done consistently
6) Real estate agents should carefully follow the guidelines set out in the Residential Square Footage Guidelines brochure. Which of the following is NOT true regarding these guidelines: A) the NCREC requires licensees to measure square footage B) On the first floor the ceiling must be seven feet high to count the square footage C) for reporting purposes, a basement is defined as an area below the entry level of the dwelling which is accessible by a full flight of stairs and has earth adjacent to some portion of at least one wall above the floor level D) if a water heater is located in a small closet immediately off of and accessible from the living area, it is to be included in the HLA
A) the NCREC requires licensees to measure square footage
50) Which of the following 3rd party checks may a broker have in their custody? A) the due diligence fee made payable to the seller and an earnest money check made payable to a 3rd party escrow agent such as the closing attorney B) any fees or monies that the buyer wants delivered so long as the broker is only acting as a courier C) only fees and monies that are connected with the purchase of the property, such as the home inspection, home warranty and other similar charges D) only the due diligence fee made payable to a seller
A) the due diligence fee made payable to the seller and an earnest money check made payable to a 3rd party escrow agent such as the closing attorney
41) Sam is selling a NC residential property that is being used as a vacation rental and is subject to the NC Vacation Rental Act. All of the following are true about the sale of this property, EXCEPT: A) the new buyer must honor all existing leases B) all of the leases for the vacation rental must be in writing C) the maximum time for accounting for and returning the security deposit on vacation rentals is 45 days D) Sam must provide the new owner with all leases on the property within 10 days of closing
A) the new buyer must honor all existing leases - within 180 days of closing
28) The North Carolina Real Estate Commission may take which of the following action(s) against a broker-in-charge who has converted and embezzled trust account monies for his own personal use? l. Order the broker-in-charge to reimburse the trust account for the converted and embezzled funds. ll. Revoke the broker-in-charge's license. A) l only B) ll only C) Both l and ll D) Neither l nor ll
B) II only
37) A tenant rents a residential property in an area that has no HOA and in which zoning allows for small businesses to exist in the residences. The landlord stated in the lease agreement that the property could only be used for residential purposes. The tenant wants to open a barbershop. Can the tenant operate the business out of the property? A) No, because the tenant did not inform the landlord of their intentions prior to signing the lease B) No, because the lease can prohibit certain activities even though they may be lawful and permitted under other laws and rules C) Yes, because the zoning negates any contrary lease provisions D) Yes, because the property is zoned for such use
B) No, because the lease can prohibit certain activities even though they may be lawful and permitted under other laws and rules
20) When must a lease be in writing? A) All leases are required to be in writing by the NC Real Estate Commission B) Only leases for longer than 3 years are required to be in writing. Leases on property subject to the Vacation Rental Act which are for less than 90 days must also be in writing C) Only leases on property that is managed by a property manager D) Only leases on residential property must be in writing
B) Only leases for longer than 3 years are required to be in writing. Leases on property subject to the Vacation Rental Act which are for less than 90 days must also be in writing
21) All of the following properties are exempt from the NC Residential Rental Agreements Act, EXCEPT: A) an investor renting a beach house to an out of state resident for a period of 60 days B) a private homeowner who is renting out a single family residence without a property manager C) hotels and motels D) transient housing
B) a private homeowner who is renting out a single family residence without a property manager
16) With regard to property management agreements, which of the following is NOT correct? A) a property management agreement is a personal services contract B) a property agreement is between the agent within the property management firm and the owner C) a property management agreement creates a general agency relationship D) A provisional broker cannot be a property manager
B) a property agreement is between the agent within the property management firm and the owner
26) Under the NC Residential Rental Agreements Act all of the following can terminate a lease early by giving thirty days notice and without additional penalties for the remainder of the lease, EXCEPT: A) military personnel who receive a station change order 50 miles away B) an individual who has a forced job relocation C) a victim of domestic violence D) family members of a serviceman whose death occurred while on active duty
B) an individual who has a forced job relocation
34) A builder is offering a $100 gift card to real estate agents if they simply bring a buyer to look at the model home. In this case: A) if an agent has an oral buyer agency agreement, they do not need to disclose to the buyer the possibility of receiving a gift card B) if an agent has an oral buyer agency agreement, they may disclose the existence of the gift card orally and if the buyer agency agreement is in writing they may disclose the existence of the gift card orally, but put the disclosure in writing prior to submitting any offer C) if the buyer is a customer, they must disclose the possibility of receiving a gift card D) the agent may not receive a gift card as this is a violation of RESPA
B) if an agent has an oral buyer agency agreement, they may disclose the existence of the gift card orally and if the buyer agency agreement is in writing they may disclose the existence of the gift card orally, but put the disclosure in writing prior to submitting any offer
5) A provisional broker decides to leave one firm and join a different firm. Which of the following statements best describes the agent's situation: A) the agent must notify the NCREC within five days of their move B) if the agent had a transaction in progress at the previous firm, the provisional broker may be paid directly by their former BIC. They do not have to have the money flow through their current firm C) the provisional broker's license is expired when the provisional broker is in between two firms D) if the provisional broker decides to work for the new firm as a commercial agent and continue working for the old firm as a residential agent, they are allowed to do so as long as both BIC's notify the NCREC
B) if the agent had a transaction in progress at the previous firm, the provisional broker may be paid directly by their former BIC. They do not have to have the money flow through their current firm
27) Which of the following individual(s) is/are required to have a NC real estate license? l. A leasing agent who is a regular salaried employee, exhibits units, fills in the blanks of pre-printed forms, does not negotiate tenant security deposits and does not negotiate rental rates ll. The personal assistant of a real estate licensee who shows property to a buyer and who occasionally negotiates offers while the licensee is on vacation or is periodically out of town for the weekend A) l only B) ll only C) Both l and ll D) Neither l nor ll
B) ll only
1) The "delivery of instruments" rule applies to all documents; however a lease is an "exception" to this rule. The property manager, however, must give written notice to the owner of the name of the tenant, the property address and the rental amount within how many days after lease acceptance? 1 / 1 points A) 7 days B) 30 days C) 45 days D) 60 days
C) 45 days
44) How are members of the NC Real Estate Commission chosen? A) they are elected by the public at large B) they are appointed by the Governor C) 7 are appointed by the Governor and 2 are appointed by the legislature D) 4 are appointed by the legislature and 3 are appointed by the governor
C) 7 are appointed by the Governor and 2 are appointed by the legislature
18) Which of the following would be considered commingling? A) a real estate licensee owns and manages his own investment property. He has placed all security deposits in a trust account, but places each month's rent in his personal checking account B) a property management company that manages several Homeowner Associations has an interest bearing account trust account set up for each Homeowner Association. Every 30 days the property management company removes any interest earned from the trust accounts and transfers these monies to their business checking account C) A broker who is a BIC is acting as a property manager for several investors. The broker also owns several rental properties. Each month the broker deposits rents from all of the units into their trust account D) a general brokerage firm keeps some of its money in their trust account to cover bank fees
C) A broker who is a BIC is acting as a property manager for several investors. The broker also owns several rental properties. Each month the broker deposits rents from all of the units into their trust account
7) Joe, a licensee with an active and current real estate license. Joe is selling his house as a For Sale by Owner. All of the following are TRUE, EXCEPT: A) Joe is subject to discipline by NCREC in selling his own property B) Joe cannot represent a buyer who is interested in purchasing his home C) Because Joe is acting as a For Sale By Owner and owns the property he is not required to make disclosures regarding problems with the home D) Joe must disclose in all advertising and contracts that he has an active real estate license
C) Because Joe is acting as a For Sale By Owner and owns the property he is not required to make disclosures regarding problems with the home
29) If there is an earnest money dispute between the buyer and seller over the return or forfeiture of earnest money held by the broker, the broker is: l. Required to hold the money until the courts decide or the parties agree in writing ll. Allowed to turn the money over to the clerk of court after giving a 90 day notice to all parties A) l only B) ll only C) Both l and ll D) Neither l nor ll
C) Both l and ll
32) The owner of a property tells her listing agent that the home is 2,500 square feet. The listing agent enters this information into the local MLS. A buyer presents an offer which is subsequently accepted by the seller. The appraisal report for the buyer indicates that the home is only 1,500 square feet. The buyer is unhappy and reports the agents to the NC Real Estate Commission. Who would be most subject to disciplinary action and why? A) the listing agent because they have primary responsibility to ensure the accuracy of data. The listing agent would be guilty of negligent misrepresentation B) the buyer's agent because they represent the buyer and should have reasonably known the difference between 1,500 square feet and 2,500 square feet. The buyer's agent would be guilty of negligent misrepresentation C) Both the buyer's agent and the listing agent because it is reasonable that both agents should have known the difference between 1,500 square feet and 2,500 square feet. Both agents would be found guilty of a negligent misrepresentation. D) Neither agent because it is not reasonable to be able to tell the difference between a 1,500 square foot home and a 2,500 square foot home. Neither agent would be guilty of a negligent misrepresentation
C) Both the buyer's agent and the listing agent because it is reasonable that both agents should have known the difference between 1,500 square feet and 2,500 square feet. Both agents would be found guilty of a negligent misrepresentation.
46) An unlicensed person who is managing their own rental property is subject to all of the following statutes, EXCEPT: A) Residential Agreements Act B) Security Deposit Act C) The NC Real Estate Commission rules regarding trust accounts D) The Vacation Rental Act
C) The NC Real Estate Commission rules regarding trust accounts
19) When a tenant dies who is the sole occupant of the lease the NC Residential Agreements Act provides that: A) This lease is automatically terminated upon the death of the tenant and the security deposit may be retained by the landlord or property manager B) The owner or property manager must pursue an eviction against the estate of the deceased C) The owner or property manager may file an Affidavit for Possession and must hold the tenant's personal property for 90 days D) The landlord or property manager may give a 90 day notice to terminate the lease and must account for and return the security deposit to the estate
C) The owner or property manager may file an Affidavit for Possession and must hold the tenant's personal property for 90 days
13) A large investment group is interested in purchasing commercial property in North Carolina. They have utilized the services of a properly licensed and active real estate agent from the state of California for many years. They have asked the agent to come to North Carolina to search for and write offers on any commercial properties that meet their needs. Given this information, which of the following statements is correct? A) since the California agent is representing the owners of the investment group and it is the investment groups own property no NC license is required B) an agent who wishes to conduct business in North Carolina is always exempt from pre-licensing classes, but must take the state portion of the NC Real Estate Commission examination C) an agent who wishes to conduct commercial business in North Carolina may do so as long as they affiliate with an in-state firm and they receive a limited non-resident commercial real estate license D) an agent who wishes to conduct commercial business in North Carolina may do so, but will be answerable to the real estate commission in the state in which they are licensed
C) an agent who wishes to conduct commercial business in North Carolina may do so as long as they affiliate with an in-state firm and they receive a limited non-resident commercial real estate license
35) The firm holding the earnest money is allowed, by the NC Real Estate Commission to write a check from the trust account to the attorney: A) 3 days before the anticipated settlement date B) 5 days before the anticipated settlement date C) no more than 10 days before the anticipated settlement date D) 1 day before the anticipated settlement date
C) no more than 10 days before the anticipated settlement date
11) A buyer makes an earnest money deposit of $1,500 on a $15,000 property and then withdraws the offer before the seller can accept it. The broker is responsible for disposing of the earnest money by: A) turning it over to the seller B) deducting the commission and giving the balance to the seller C) returning it to the buyer D) depositing it into his or her trust account
C) returning it to the buyer
14) A listing agent who was a BIC and a sole proprietor received a $500.00 weekend get-away to the North Carolina Mountains from their seller because of the outstanding service the listing agent provided. According to the NC Real Estate Commission Rules this would be acceptable because: A) any amount $500 or less is considered nominal B) the agent has a relationship with the client and is therefore allowed to accept gift monies for their services C) the agent may receive the bonus as long as it was provided for in a written agency agreement D) the agent may receive the bonus, but must notify prospective buyers even if they are represented by a different company
C) the agent may receive the bonus as long as it was provided for in a written agency agreement
49) When a broker is delivering 3rd party checks such as the earnest money made payable to a closing attorney and the due diligence fee made payable to the seller. If the contract is accepted and the broker is still in possess of the funds, which of the following is CORRECT: A) the checks must be delivered within 3 banking days B) the broker must always complete delivery of the checks once the offer is accepted C) the broker is acting as a courier and until the checks have been delivered they must follow the directions of the buyer D) the checks must first be deposited in the firm's trust account and then disbursed to the appropriate parties out of the account
C) the broker is acting as a courier and until the checks have been delivered they must follow the directions of the buyer
22) A landlord is renting a duplex rental unit. All of the following are TRUE regarding utilities connected to the property, EXCEPT: A) the landlord can charge separately for water, sewage and electricity B) the landlord must notify the tenant if water contamination exceeds the acceptable limit C) the landlord can disconnect the utilities if the tenant fails to pay the utility bills D) the landlord can collect for unpaid bills that remain at the end of the lease
C) the landlord can disconnect the utilities if the tenant fails to pay the utility bills
15) When is a broker allowed to draft their own lease agreement? A) when managing an immediate family member's property B) when managing corporate-owned property as an independent contractor C) when managing their own property D) when providing free property management services to their neighbor
C) when managing their own property
10) A real estate licensee may perform which of the following activities? A) Draft a legal document on behalf of a client B) Render their opinion on the legal title to real property C) Provide advice concerning how a buyer should hold title to real estate D) Fill in the blanks when completing a pre-printed offer to purchase and contract for their client
D) Fill in the blanks when completing a pre-printed offer to purchase and contract for their client
9) All of the following are TRUE in regard to trust accounts and the earning of interest on such monies, EXCEPT: A) the accounts must be balanced and reconciled monthly B) An escrow account or trust account may be interest bearing so long as the client is informed and consents to the interest and it is paid in accordance with the client's agreement C) All interest that is being retained by the broker must be removed every 30 days D) It is illegal for the broker to retain the interest on trust accounts
D) It is illegal for the broker to retain the interest on trust accounts
8) A real estate agent has certain responsibilities regarding the Closing Disclosures. The NCREC can discipline a broker who fails in these duties. All of the following are within a real estate agent's responsibilities concerning the Closing Disclosure, EXCEPT: A) the agent is responsible for reviewing the Closing Disclosure to make certain it is a detailed and accurate Closing Disclosure showing receipt and disbursements of all monies relating to the transaction about which the broker knows or reasonably should have known B) a broker may rely on the lender or the closing attorney to deliver the Closing Disclosures. C) a broker must correct the Closing Disclosure and notify all parties to the closing of any errors the broker finds D) a broker must provide the Closing Disclosure to the client no later than 48 hours prior to the settlement meeting
D) a broker must provide the Closing Disclosure to the client no later than 48 hours prior to the settlement meeting
40) Which of the following properties are subject to the NC Vacation Rental Act? A) a summer vacation rental that is rented for 180 days B) a beach cottage that is leased by a North Carolina resident for a holiday weekend C) a 30 day property rented by an out of state contractor who is working on repairs to the property D) a mountain condo that is rented to an out of state resident for 2 weeks and visiting North Carolina with their family
D) a mountain condo that is rented to an out of state resident for 2 weeks and visiting North Carolina with their family A) not less than 90 days B) resident not outside NC C) not vacation, leisure or recreation
42) The standard form NC Residential Rental Contract provides for all of the following, EXCEPT: A) lead based paint disclosure B) early termination by military personnel C) a provision that can require the tenant to obtain insurance and provide a renter's policy D) a provision that if the tenant breaches the lease the landlord is entitled to retain the security deposit
D) a provision that if the tenant breaches the lease the landlord is entitled to retain the security deposit
17) Regarding BPO's (Broker Price Opinions) all of the following statements are correct, EXCEPT: A) a broker may conduct a BPO for a bank and charge a fee even if the broker has no reasonable chance of getting the listing B) a Broker Price Opinion is the same thing as a comparable market analysis C) a Broker Price Opinion is not an appraisal or an opinion of value D) a provisional broker is permitted to perform a Broker Price Opinion and collect a fee
D) a provisional broker is permitted to perform a Broker Price Opinion and collect a fee
43) All of the following would be examples of a licensee committing mortgage fraud, EXCEPT: A) misrepresenting on a purchase contract the occupancy of the property to the lender B) encouraging the buyer and the seller to have separate agreements outside of escrow and closing C) providing a lender with a gift letter for the borrower's downpayment when the licensee has been told that the funds are actually a loan and must be paid back D) crediting a portion of the licensee's commission to the borrower's closing costs on the Closing Disclosure
D) crediting a portion of the licensee's commission to the borrower's closing costs on the Closing Disclosure
12) All of the following could result in disciplinary action by the NC Real Estate Commission for unworthiness or incompetence, EXCEPT: A) failure of the agent to properly complete an offer to purchase and contract B) failure of the agent to diligently perform services they agreed to in a listing contract C) failure of the agent to review the Closing Disclosures of their clients D) failure of a property manager to provide a depreciation schedule
D) failure of a property manager to provide a depreciation schedule
23) All of the following would be considered an "eminently dangerous" condition which the landlord or property manager must remedy in a reasonable time: A) lack of an operable toilet B) unsafe ceilings, floors or steps C) broken windows or locks D) inoperable smoke or carbon monoxide detectors
D) inoperable smoke or carbon monoxide detectors
4) The primary duty of a property manger is to: A) evict disruptive tenants B) provide copies of leases to the owner every 5 days C) place tenants in apartments according to age D) manage the property in a manner consistent with the owner's instructions
D) manage the property in a manner consistent with the owner's instructions
3) According to the NC Good Funds Settlement Act, when is the settlement agent allowed to disburse money to the seller and the commission check to the broker? A) at settlement B) after settlement meeting C) after parties sign papers and the seller signs the deed D) once the transaction has been recorded
D) once the transaction has been recorded
33) A property manager may: A) advise the owner as to the tax consequences of rental income B) negotiate rents and obtain the owner's authority and approval after the fact C) allow unlicensed employees of the property management company to negotiate rents for long-term leases D) with the owner's permission, offer concessions as inducements to all prospective tenants
D) with the owner's permission, offer concessions as inducements to all prospective tenants