Real E

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Borrowers in New York who wish to refinance are subject to which regulation?

Lenders cannot refinance a home unless the new loan provides a real benefit to the borrower.

Which document allows a prospective buyer the right to reserve a specific unit, which may or may not be under construction?

Letter of Intent

Which of the following is not an encumbrance, but a temporary right to enter the land or use property belonging to another for a specific purpose?

License

What are types of legal descriptions>

Metes and bounds, plot of subdivision or lot and block, monuments, and rectangular government survey

Who provides borrowers with the money for the loan?

Mortgage banker- get that BANK

What mortgage officer closes a loan?

Mortgage banker- they're giving you that bank!

If you are representing a buyer and prepare a binder to forward to the seller's attorney (who will prepare the actual sales contract), what part of New York do you likely live in?

NYC

In which of the following situations would an agent be representing a customer in a real estate purchase?

Never

Although federal law provides significant protection against discrimination in housing, which law goes even further in protecting such discrimination in New York?

New York's Human Rights Law

Are property addresses sufficient as a legal description?

No

______ is when an owner can continue to use their property as originally zoned even though that use does not meet current zoning regulations.

Nonconforming Use

Long-term capital gains are capital assets owned for how long?

One year plus one day

Subject to clause

Outlines deed restrictions

Which of the following financing types involves the sale of personal property with the real property?

Package- it is including two different types

Which of the following items is something a lender is prohibited from doing if the lender wants to write qualified mortgages?

Payback terms longer than 30 years

Which type of loan has more flexible underwriting standards?

Portfolio

Which mortgage market comprises lending institutions that lend directly to the consumer?

Primary Market

Warranty Deed

Provides some warranties

Which of these is a colorless, odorless, radioactive gas that is released when uranium decays?

Radon

Which of the following would have first priority in the event of a foreclosure?

Real Property Tax lien

Which legal description is not used in New York?

Rectangular government survey

Question 31 The Consumer Credit Protection Act, which includes the Truth in Lending Act, is often referred to as _________________.

Regulation Z

Janice's life tenant, Jacob, is currently living on her property. Once Jacob dies, Janice has made arrangements that the property will go to the School for the Gifted. What interest does the School for the Gifted currently have?

Remainder- what remains is being gifted.

Landlords will generally quote commercial space in terms of this type of square footage, which is of most importance to tenants.

Rentable

In housing discrimination, punitive damages may be awarded to the complainant and New York may require ______.

Repayment of any profits realized from the discriminatory behavior

Let's say you are a real estate broker and also a mortgage broker. Under what circumstance would dual agency apply?

Representing a buyer in a transaction for which you are the listing agent

Which Act regulates the public drinking water supply?

Safe Drinking Water Act

Which approach to value used by appraisers relies on the sales price of comparable properties to help determine the adjusted market price?

Sales comparison approach

What is a capital gain?

Sales price minus the adjusted basis

What is the importance of deed recording?

Serves as constructive notice of ownership, Protects rightful owner from other claims on property

Question 43 If Mega Corporation owns real property, chances are it owns it in ______.

Severalty

Which of the following is an example of "first substantive contact"?

Showing a buyer a property

Which of the following is the first wooden member of the structure from the ground up that is used as the nailing surface for the floor system?

Sill plate

Which of the following property managers must have a license?

Silvia works for more than one owner for a fee.

Question 42 Liz listed her property with an agreement end date of May 31. The property went under contract on May 12 and closed on June 2. When did the listing agreement officially terminate?

Since it went under a new contract prior to the listing agreement expiring, it terminates on the day of closing, or June 2nd.

What type of agency relationship exists if an agent from ABC Realty represents a buyer and the seller is affiliated with Net Realty?

Single

Full covenant and warranty deed

Strongest and broadest form of title guarantee

You demonstrate the fiduciary duty of accounting by ____________.

Taking care of your client's funds and paperwork.

In a lien theory state, who are what retains the title to the property?

The Borrower

Mark works at Farm and Country Bank, and has arranged an agricultural loan for Josh, a local organic farmer. Josh didn't meet the bank's normal underwriting standards, but Mark made the loan because he was able to arrange for a guarantee from ______.

The Farm Service Agency

What is the Farm Service Agency?

The Farm Service Agency, which operates through the USDA, provides loan guarantees to lenders for up to 95% of the loss of principal and interest.

What is meant by "rentable" square footage?

The area occupied by the tenant plus the tenant's share of common areas

In order for you to earn compensation for brokerage activities, you must be employed as the agent of the client. How is this employment accomplished?

The client must make an express agreement to pay a commission to your broker.

Under standard lease provisions, a demising clause would contain ______.

The date the tenant will take possession of the property

Which of the following is true regarding an appraiser's three approaches to value?

The income approach is most applicable to rental properties.

If a licensee has been misclassified as an independent contractor, which of the following is a consequence for the licensee?

The licensee can no longer file Schedule C to deduct business expenses.

What specific criteria are required before adverse possession will apply?

The possession must be open, notorious and hostile and the trespasser must believe that he or she is entitled to the property

Question 36 In a taxing unit, what is the tax rate based on?

The projected budget for the upcoming fiscal year

Which one of the following characteristics makes property taxes a reliable target for taxation?

They have a high compliance rate.

Ralph leases 1,000 square feet in a large warehouse. The lease agreement requires him to pay portions of the landlord's taxes, insurance, and maintenance, in addition to the amount he pays to lease the space. What type of lease does Ralph have?

Triple net lease

Which individual takes a look at a potential borrower's application and verifies things like their employment and financial information, then analyzes their credit report as well as the appraisal report on the property?

Underwriter- this is why many things can go wrong in the underwriting process!

Referee Dead

Used in foreclosure

Quit Claim Deed

Used to clear clouds on title and no warranties offered

Consideration

Value exchanged

Bargain and sale deed What is this called with a covenant in most states

With or without warranties, is called special warranty deed in other states

When you refuse to screen prospective buyers based on their ethnicity, your client, Matt, "fires" you as his agent, and you agree to his decision to part ways. Do you still owe this guy any fiduciary duties?

Yes, we ALWAYS owe confidentiality!

CCIM, SIOR, CPM, BOMA and ISCS are accreditation programs for licensees who represent ______ investors.

commercial

Mary Jane owns a building in which electrical service is supplied to the entire building through a utility-owned meter, and the cost of the service is shared among the building's tenants. What type of system does she have?

master

What is a demising clause?

states when the landlord will lease the property and the date the tenant will take possession.

the grantee is

the buyer

The grantor is

the seller

Conveyance Clause

"Does hereby convey, grant..."

What is the Habendum clause?

"To have and to hold"

Your client, Bruno, is an investor. He is in the process of selling a fourplex and mentions to you that he hates the idea of the capital gains tax he'll be subject to. What should you tell him?

"You might consider a 1031-deferred tax exchange."

Billy, a contractor, has violated Article 36-A of New York General Business Law. His minimum fine is $250. What is his maximum fine?

$2500

Carson is purchasing a $600,000 property by obtaining an 80/20 loan. How much is Carson financing?

$480,000

What's the typical useful life of an underground storage tank?

15 years

What's the depreciation schedule for a residential income-producing property?

27.5 years

What is a Seisin?

A covenant that the grantor holds title to the property as specified in the deed

Michael doesn't have a real estate license, but he helps his friend, Nancy, sell her home. What can Michael legally receive as compensation?

A heartfelt thank you, nothing else is legal

What is a pro forma statement?

A projection of how an investment would perform if something changed

What are the three main purposes of a deed?

Accurately identifies the property being conveyed, identifies the grantor and grantee, conveys interest in real property

What is a 1031 tax-deferred exchange?

Basis from first property transfers to second.

When may informed consent for dual agency be obtained?

Before the fact, or as the situation arises

To whom must a licensee provide an agency disclosure form according to Section 443 of New York Real Property Law?

Both Buyers and sellers

Roberta is an investor who likes to invest for appreciation potential and tax write-offs. What's her investment strategy?

Buy and hold. They hold the property but are using it for other things (potential ROI, tax write offs, etc.)

______ property loans have higher interest rates, shorter terms, and balloon payments, as compared with traditional property loans.

Commercial

Barb deposited her client's down payment funds into her broker's business account, intending to remove it the next day and deposit it into the client's trust account. This is an example of ____________.

Commingling- mingling the accounts

What regulation or regulatory authority identifies sites that have hazardous substances, and requires the responsible parties to clean them up?

Comprehensive Environmental Response Compensation and Liability Act

Executor deed

Conveyance of property from decendant's estate

What is quiet enjoyment?

Covenant that the grantee has possession and will not be disturbed in use of property

What are further assurances?

Covenant that the grantor will correct defects

What is Warranty?

Covenant that the grantor will defend title against lawful claims of others

For a deed to be eligible for recording, it must:

Deed must be acknowledged or have an oath of a subscribing witness, Grantor of deed must appear before a public officer

WHich agency enforces the federal fair housing act?

Department of Housing and Urban Development

What are the requirements for security deposits in New York when a landlord owns six or more units?

Deposit the funds in an interest-bearing New York bank account and notify each tenant in writing of the name and address of the bank and the amount of the applicable deposit.

Real property ownership may offer significant tax advantages. Which one of the following is a potential advantage?

Depreciation- sounds bad but can actually be a tax advantage

A month-to-month lease agreement is considered to be this type of leasehold estate, in which the total duration is unknown.

Estate at will MONTH TO MONTH= ESTATE AT WILL

What regulation requires that building owners of two-family or more dwellings have an asbestos survey completed before renovating or demolishing work is done?

Federal Asbestos Hazard Emergency Response Act of 1988

Which of the following is an example of a deed restriction?

Fence Height

What might the financial implications be if a buyer needed to use individual retirement account funds toward a down payment?

First-time homebuyers can use up to $10,000 of their IRA funds penalty free for down payment and closing costs.

Frank took out a mortgage from First National Bank in order to purchase a new home. In a lien theory state, who or what retains the title to the property?

Frank, the borrower

In what type of lease does the landlord pay taxes, maintenance, and insurance?

Gross Lease

Which loan type is a fixed-rate mortgage where the monthly payments increase over time, according to a set schedule?

Growing Equity

What is Covenant against encumbrances?

Guarantees the only encumbrances are those listed in deed.

If there are questions regarding the exact property description, which of the following is recommended?

Have the property surveyed

What must real estate licensees do with all advertisements before publishing them?

Have them approved by the broker

Avery wants to solicit listings within a cease-and-desist zone in Queens. He may do this if __________.

He avoids homeowners who are on a cease-and-desist list.

Question 96 Jillian has a loan-to-value ratio of 90/100. This means __________.

Her loan is 90% of the value of the real estate used as collateral and she is putting 10% down.

Which IRS forms are independent contractors and employees required to complete?

Independent contractors fill out W-9s, and employees fill out W-4s.


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