Louisiana - State Portion

C. The state - When there are no surviving heirs, the state receives the property through escheat.

Bertram died without a will. According to intestate succession laws, who will inherit the property when there are no surviving heirs? A. Private auction B. Friends of the family C. The state D. The neighboring property owner

D. Mutual consent - If an offer and acceptance have been made, it means the parties have entered into mutual consent

Beth submitted an offer to Dana, who then accepted it. They now have what is called ________. A. Consideration B. A contingency C. An understanding D. Mutual consent

C. Irrevocable - In Louisiana, if an offer includes an acceptance deadline, it's irrevocable until that deadline. If no deadline is specified, but the offeror has framed the offer to give the offeree "reasonable time" to consider it, the offer is irrevocable during that time.

Biff makes an offer on Anna's Louisiana farm and doesn't specify a deadline for acceptance. Instead, Biff has framed the offer to give Anna "reasonable time" to consider it. In such a case, the offer is considered ______ during that time. A. Revocable B. Contingent C. Irrevocable D. Voidable

D. General - In a general partnership, partners with equal interests and liability are general partners. If no limited partners are part of the organization, it's a general partnership.

Curtis, Lisa, and Stephan decide to go into business together as equal partners with equal liability. What type of partnership is this? A. Special B. Partnership in commendam C. Equal D. General

C. Constructive eviction - If a unit isn't habitable and the tenant is forced to leave, this is constructive eviction.

Darryl had a great experience with his Baton Rouge apartment and landlord until about three months ago, when the plumbing in the unit above started leaking into his apartment. The landlord keeps saying he'll fix it but hasn't, and now Darryl has mold growing on two walls. Darryl is moving out before his lease has expired, due to ______. A. Actual eviction B. Mutual agreement C. Constructive eviction D. Termination

D. DeShawn needs to complete 12 hours of education during this renewal period. - All licensees must complete 12 hours of CE during each year. Real estate licenses must be renewed yearly before December 31.

DeShawn has been licensed as a salesperson in Louisiana for 18 months. Which of the following statements is true about his upcoming license renewal? A. DeShawn must complete 18 hours of continuing education in order to qualify for renewal. B. DeShawn has a 90-day grace period after his license expiration date to complete the CE requirements. C. DeShawn must complete his continuing education at least 14 days before his license's expiration date. D. DeShawn needs to complete 12 hours of education during this renewal period.

C. Bilateral - A contract involving an exchange of promises or other consideration between two parties is a bilateral contract.

Desmond has a signed listing agreement with his clients, the Harpers. In exchange for helping the Harpers list, market, and sell their home, the Harpers have agreed to pay Desmond a commission. What type of contract do Desmond and the Harpers have? A. Executed B. Mutual C. Bilateral D. Unilateral

A. Consent - This is an example of consent, one of the four main elements of a written contract in Louisiana.

Diana has just become the tenant of a new apartment. Her written lease details the fact that she and her landlord Tyson have both agreed to the exchange of money for the right to live in the apartment. This is an example of ______. A. Consent B. A fixed-rate lease C. A lease decided by civil code D. Lawful cause

D. Prior to marriage - Separate property may be acquired before marriage or outside of marriage. Property acquired during the marriage would be considered community property in states that recognize this legal concept.

In Louisiana, "separate property" is property most likely acquired ______. A. In joint tenancy B. As community property C. As tenants in common D. Prior to marriage

D. Constructive possession - If someone has title to a property and occupies the house, he's said to have possession of the whole immovable.

In Louisiana, _____ means that possession of part of an immovable by title equals possession of the entire immovable. A. Literal possession B. Corporeal possession C. Actual possession D. Constructive possession

D. A lawful objective - This agreement would be unenforceable because it's discriminatory and violates fair housing laws. It lacks a lawful objective.

Jack and Al, who are neighbors, enter into an agreement not to permit their real estate agents to sell their homes to families of color. This agreement lacks ______, so it's void. A. Two parties B. A mutual agreement C. A purpose D. A lawful objective

B. Metes-and-bounds - The lot and block survey system always uses one of two things as a beginning reference: a rectangular government survey or a metes-and-bounds description.

Sunshine Surveyors, Inc. created a lot and block survey for a new residential development, Happy Acres. The first thing it did when it surveyed the new neighborhood was to reference the _____ description first. A. Plat book B. Metes-and-bounds C. Monument D. Map

D. Ownership doesn't change. - In this case, ownership doesn't change. The owner of the riparian land now owns the island. Islands in the middle of a stream bed that were never attached to a bank belong to the state, as does the stream bed.

What happens when a stream opens a new channel that creates an island of formerly riparian (attached to a bank) land? A. The island becomes public property. B. The state owns the island. C. The owner of the closest bank owns the island. D. Ownership doesn't change.

Made to repay the donee for services rendered - A remunerative donation is made to repay the donee for services rendered. For example, one might donate an immovable to someone who has provided a long-time service to the donor.

What is a remunerative donation? Imposes conditions (aka charges) on the donee Made for the donee's benefit without condition and without any profit or consideration given to the donor Made to repay the donee for services rendered None of the above

B. Dual agency must be consented to by all parties. - Dual agency is legal in Louisiana if fully disclosed and consented to by all parties. Undisclosed dual agency is illegal.

What is true about Louisiana's agency disclosure relative to a potential dual agency transaction? A. If the seller consents by signing a dual agency disclosure, dual agency can proceed. B. Dual agency must be consented to by all parties. C. Disclosure of potential dual agency is all that's required. D. If the buyer consents by signing a dual agency disclosure, dual agency can proceed.

C. They aren't subject to usury laws. - Late fees aren't considered interest per Louisiana law, so they aren't subject to usury laws or capped at 12% the way that interest would be.

What is true about late fees on conventional mortgage payments in Louisiana? A. They're capped at 12%. B. They're illegal. C. They aren't subject to usury laws. D. They're subject to usury laws.

B. Either the signature of the complainant or the signature of that individual's legal representative - All complaints against licensees for alleged license law violations must include either the signature of the complainant or the signature of the legal representative.

What must a complaint against a Louisiana licensee for an alleged license law violation contain? A. An affidavit from an attorney B. Either the signature of the complainant or the signature of that individual's legal representative C. Notarized signatures D. A witness

In commendam - This is a partnership in commendam. Dad is a limited partner, while the sisters are general partners.

Sisters Sara and Bonnie are opening a scrapbooking store. Their dad is a silent partner. What type of partnership is this in Louisiana? Family General In commendam Limited

B. Prescription - This is an example of prescription. When possession is in good faith with a just title, it's 10 years. Otherwise, it's 30 years.

A person can obtain a servitude by continuous possession for 10 or 30 years. This is an example of _____. A. An act of sale B. Prescription C. Destination of owner D. A juridical act

A. Rose is not legally bound to accept the offer because the offer expired when the deadline came and went. - Irrevocable offers expire if the offeree doesn't accept the offer by the acceptance deadline.

After listing her property, Rose receives an irrevocable offer from the Kellers. However, before the acceptance deadline, the Wolfgangs submit a better offer, which Rose accepts. The acceptance deadline for the Kellers' offer comes and goes without her responding to it. What is true of the Kellers' offer? A. Rose is not legally bound to accept the offer because the offer expired when the deadline came and went. B. Rose is legally bound to accept it unless the Kellers agree to let her out of the contract. C. Rose is legally bound to accept it rather than the Wolfgangs' offer, since it came in first. D. Rose is legally bound to accept it since the deadline came and went without her acknowledgment.

B. Counter-offer - If any of the terms are added to or altered, the offer becomes a counter-offer, and the original offer is negated.

Alfred submits an offer to Tressa for her townhouse. He wants a purchase price of $157,000 and a closing date of June 1, and he's applying for a conventional loan. Tressa agrees to all the terms of the offer except for the closing date, which she wants to happen the second week in June. Tressa's response is considered a(n) ______. A. Addendum B. Counter-offer C. Attachment D. Acceptance with condition

C. Carol should not have disclosed Liam's financial situation to Nora. - Carol definitely breached her client's confidentiality. Nora is a customer, not a client, and Carol shouldn't have given her any of her client's information.

Carol represents Liam, who's looking for a condo. She finds Nora, who's selling a condo, and tells her that she represents a buyer. Nora asks, "What's his financial situation? How much is he willing to pay?" Carol tells her that Liam would be able to pay full asking price. What, if anything, did Carol do wrong? A. Carol didn't do anything wrong. B. Carol shouldn't have had a discussion about the condo without Liam present. C. Carol should not have disclosed Liam's financial situation to Nora. D. Carol shouldn't have told Nora that she represented Liam.

B. Doesn't need a real estate license - Since Cedric isn't being compensated, he's technically not required to have a real estate license. Being licensed as an appraiser wouldn't make any difference unless he were also conducting an appraisal of his neighbor's home.

Cedric helps his neighbor sell his home by assisting with negotiations. He receives no compensation for his assistance. Based on this one transaction, Cedric ______. A. Must have at least a negotiator license B. Doesn't need a real estate license C. Must have at least a broker license D. Must have at least an appraiser license

D. Relatively null - Ellie doesn't have the legal capacity to enter into a contract, so the contract is relatively null, or "voidable." Ellie (or her legal representative) can rescind the contract.

Ellie has early onset Alzheimer's disease that has progressed rapidly. Her handyman, Nick, easily tricks her into agreeing to sell him her mansion for $25. What type of contract is this? A. Absolutely null B. Valid C. Null D. Relatively null

C. The length of time that Fran has to stay on each property depends on the terms of the original lease. - The term of a reconducted lease depends on the term of the original lease.

Fran, a tenant, has renewed both a farm and a non-farm lease by staying on the property after the lease ended, with no landlord opposition, for a certain period of time. Which of the following is true about the reconduction of these leases? A. Fran's landlord can legally remove her from both properties after only seven days. B. Her reconducted leases both have a new term of 90 days. C. The length of time that Fran has to stay on each property depends on the terms of the original lease. D. All non-farm leases automatically reconduct after a week, but farm leases require a term of occupancy of 90 days.

B. He needs to finish high school and get his diploma. - Applicants much pass the licensing exam, be over 18, complete 90 hours of education, have a high school diploma or GED, and be sponsored by an actively licensed sponsoring broker.

Gary just turned 18 and is a senior in high school. He'd like to get a real estate salesperson's license. He completed 90 hours of online pre-licensing education and has passed the salesperson licensing exam. What will prevent him from applying for his license? A. He needs additional business management education. B. He needs to finish high school and get his diploma. C. He needs three letters of recommendation. D. He needs to pass an English proficiency exam.

B. By recording date - Mortgages are paid in Louisiana in the order in which they were recorded. If the mortgage is recorded within three business days (if recorded in the same parish where it's executed) or five business days (if recorded within a different parish), the actual time isn't considered. Instead, two privileges recorded on the same day will be considered concurrently.

How is the priority order of mortgage payments determined in the event of foreclosure in Louisiana? A. By whoever requests funds first B. By recording date C. By the prominence of the mortgagee D. By the size of the mortgage

C. Parish - Taxes are assessed and levied at the parish level, and it's the parish which can seize and sell a property to pay back taxes.

If a Louisiana resident doesn't pay the property taxes on time, the ______ has the right to seize and sell the property in order to pay the back taxes. A. Local real estate council B. Tax commission C. Parish D. State

C. The buyer can have the $5,000 earnest money returned and receive $5,000 from the seller. - In Louisiana, the law says that if the seller defaults, the buyer is not only entitled to the return of the earnest money but is also entitled to an equal amount from the seller. This is referred to as return of the double.

If a Louisiana seller is in breach of contract under an earnest money contract in which the buyer put down $5,000 in earnest money, which of the following is the possible remedy for the buyer? A. The buyer can sue his agent according to the terms of the buyer-broker agreement. B. The buyer can rely on the seller's agent to act in the place of the seller to complete the terms of the contract. C. The buyer can have the $5,000 earnest money returned and receive $5,000 from the seller. D. The buyer could sue the seller for specific performance.

C. Authentic act - An authentic act is the official procedure of having a notary and two witnesses (in addition to the transaction parties) sign a written sale document. This is used for most warranty deeds and recorded documents. If a party is blind, there must be three witnesses.

In Louisiana, the signing of a sales document as witnessed by a notary and two witnesses makes the document valid. What is this called? A. Act of conveyance B. Official signing C. Authentic act D. Act under private signature

Obligor - An obligation is a legal relationship in which a person (the obligor) becomes bound to perform in another person's (the obligee's) favor.

In Louisiana, under an obligation, the person who is obligated to perform in another person's favor is known as the ______. Benefactor Obligee Obligor Performer

D. The commission may suspend or revoke their license, and it may levy fines or civil penalties, or order continuing education requirements.

In Louisiana, what sanctions can the Real Estate Commission impose on licensees for license law violations? A. The commission will place them on probation. B. The commission will suspend their license and sentence them to six months in jail. C. The commission will sentence them to 24 hours of community service and may also seek criminal perjury charges against them. D. The commission may suspend or revoke their license, and it may levy fines or civil penalties, or order continuing education requirements.

C. Jessie is searching for a new home for a friend moving into town. Upon completion of the transaction, Jessie will be compensated 2% of the sales price for her time and effort. - There are a few exceptions to needing a license, but you'll want to be very careful!

In which of these scenarios would the consumer need a real estate license? A. Mickey is selling his own home and isn't using the services of a listing agent. B. Ronald is acting as executor of his uncle's estate, which includes selling the property his uncle owned. C. Jessie is searching for a new home for a friend moving into town. Upon completion of the transaction, Jessie will be compensated 2% of the sales price for her time and effort. D. Peter is helping his sister, Kristen, find a new apartment. He will not be compensated in any way.

A. Jayna and Wallace now have an agency relationship. - Agency relationships are important in real estate, and you can establish them by signing certain documents—buyer agency agreements among them.

Jayna has been showing her friend Wallace houses for almost a month. Finally, Wallace says, "let's do this!" and the two of them sign an agency agreement. Which of the following best describes this action? A. Jayna and Wallace now have an agency relationship. B. Jayna is now Wallace's transaction broker. C. Wallace is no longer responsible for Jayna's actions. D. Wallace is Jayna's customer, but not her client.

Habitation - Jeremiah will have the right of habitation. Rights of habitation expire when the grantee dies; however, an affidavit must be filed to officially remove the right as an encumbrance on the title.

Jeremiah sells his property, which includes a house with a mother-in-law apartment, with the stipulation that he be allowed to remain in the home's mother-in-law apartment as long as he wishes or until he dies. What right will Jeremiah have once his home's sale is finalized? Habitation Life estate Servitude Usufruct

A. Jesse must submit both offers to his seller client. - When it comes to the duties regarding offers to a client, a seller's agent is required to present all offers to a client in a timely manner.

Jesse has just received two offers for a listing. One is a lowball offer, and one is for the listing price. Which of the following is true? A. Jesse must submit both offers to his seller client. B. Jesse should determine which offer is best and submit that one to his seller client. C. Jesse should not even bother to prepare a seller's net sheet for the lowball offer. D. Jesse should make a counter-offer on the lowball offer before submitting it to his client.

A. Jocelyn's broker will return the license to the real estate commission. - Licenses that are voluntarily inactivated are returned to the real estate commission.

Jocelyn is a Louisiana real estate salesperson. She decides to inactivate her license to pursue other opportunities. What happens to her license? A. Jocelyn's broker will return the license to the real estate commission. B. Jocelyn's principal broker will file it until she is ready to use it again. C. Jocelyn must request the license from her broker so she can keep it in her personal possession until she decides to reactivate or permanently resign the license. D. Jocelyn's broker must destroy the license after Jocelyn notifies the division of her inactive status.

A. Since there is no clause in the offer that stated the deposit was to be used as earnest money, either party could sue for the money. - If a deposit accompanies an offer that does not specify that the deposit should be used as earnest money, it is considered a deposit on account of the price. In this case, either party may demand specific performance. This is called "designation of deposit."

Karen had barely accepted an offer from Jack before she changed her mind about selling the house. What will happen to Jack's deposit, which was not stated as earnest money on the contract? A. Since there is no clause in the offer that stated the deposit was to be used as earnest money, either party could sue for the money. B. Since there is no clause in the offer that stated the deposit was to be used as earnest money, Karen can keep the money. C. It will be returned to Jack since Karen is breaching the contract. D. It will be returned to Jack since it was his money in the first place.

C. No. She must have been an active broker for at least five years immediately prior to applying. - Louisiana Real Estate Commission members must have been brokers actively involved in real estate for five or more years immediately prior to their appointment.

Kim was an active broker for nine years but just returned from a two-year sabbatical that she took to travel. Now that she is back, she'd like to be a Louisiana Real Estate Commission member. Is she qualified to achieve this goal? A. Yes. She only needs five years of experience to qualify for a position on the commission. B. No. She must have at least 10 years of real estate brokering experience. C. No. She must have been an active broker for at least five years immediately prior to applying. D. No. She must have been an active broker for at least 10 years immediately prior to applying.

D. She can keep all of his security deposit - In this case, she can keep all of Jack's security deposit.

Landlord Amaya's tenant, Jack, moved out two months before his lease ended. She found major damage to the walls and carpet in Jack's apartment. Amaya has no idea where Jack is. What recourse does she have? A. She can contact his family or friends to find out where he is. B. She can take him to court and sue for damages. C. She can ask the police for help locating him. D. She can keep all of his security deposit

C. Reservation of usufruct - This is an example of reservation of usufruct. Donors of immovable property may reserve a right of usufruct for themselves.

Leonard gave the family farm to his daughter when he decided to move to the city, but he added a stipulation that he be allowed to use and stay at the hunting cabin in the woods for the remainder of his life. This is an example of _____. A. Revocation B. Remunerative donation C. Reservation of usufruct D. Rights of use reservation

A. Special - Conventional mortgages are special mortgages because they only apply to the specific property purchased with the mortgage.

Louisiana conventional mortgages are ______ mortgages by default. A. Special B. Judicial C. Purchase money D. General

D. Provide the Silks with the agency disclosure informational pamphlet. - As you know, Louisiana law requires you to do something when you're first meeting with prospective clients—and no, it's not asking for two forms of ID, having the prospective clients give you written consent to act as their intermediary, or even having them sign a non-disclosure form. Option D, as you noted, is the correct answer.

Louisiana license holder Norman is meeting with prospective buyer clients Andy and Sandy Silk for the first time. Before Norman and the Silks enter into a buyer agency relationship, what is Norman required by Louisiana law to do? A. Ask the Silks to provide two forms of identification. B. Obtain the Silks' written consent to have Norman's broker act as their intermediary. C. Have the Silks sign and date a non-disclosure form. D. Provide the Silks with the agency disclosure informational pamphlet.

B. Executes disclosed dual agency agreements with both client parties - A licensee acting as a dual agent must execute a written disclosed dual agency agreement with both client parties in the transaction.

Louisiana licensee Rebecca will be acting as a dual agent in a transaction involving a property in Shreveport, after she _____. A. Assists the prospective buyer in making an offer to her seller client B. Executes disclosed dual agency agreements with both client parties C. Executes a disclosed dual agency agreement between herself and her principal broker D. Submits an offer to the seller

C. December 31 - Louisiana salespersons, associate brokers, and brokers renew their licenses by midnight of December 31 each year.

Louisiana salesperson Claire has been licensed for a little over a year. She's a bit of an overachiever, so she's already completed 12 hours of her required continuing education. Her broker Darnell renewed his license on November 15. Claire must make sure that her license is renewed by ______. A. July 28 (one month before her broker's license must be renewed) B. August 28 (the same date a broker's license must be renewed) C. December 31 D. The date printed on her license

C. 45

Lydia is a new real estate licensee in Louisiana. How many hours of post-licensing education courses must she complete? A. 25 B. 35 C. 45 D. 75

A. Oakley's license is suspended until she can find another sponsoring broker to represent her.

Sponsoring broker Evan just had his real estate license revoked after being convicted of fraud. What does this mean for Oakley, a newly licensed affiliated salesperson at his firm? A. Oakley's license is suspended until she can find another sponsoring broker to represent her. B. Her license isn't affected as long as an office manager still works at the firm. C. Oakley's license is revoked. D. Oakley can keep her license and go out on her own.

C. Usufruct - This is a usufruct restriction, one of the three allowable restrictions on forced heirship.

Martha has stipulated in her will that her husband, Larry, will have usufruct over her separate property until he dies. Larry will be allowed to retain this right even though part of the separate property is included in the forced heirs' legitime. Which restriction makes this possible? A. Habitation B. Survivorship requirement C. Usufruct D. Legitime trust

B. Title - Title represents the legal concept of property ownership.

Mary Croft is proud to own her first home. Which of the following terms represents the legal concept of her property ownership? A. Will B. Title C. Deed D. Certificate of occupancy

C. Immovables - Materials that have been removed from a structure in order to repair, change, or add on to that structure, and that will be placed back, are immovables. The distinction lies in the fact that they'd once been incorporated into a structure and will be again.

Materials that have been removed from a structure in order to repair, change, or add on to that structure, and that will be placed back, are _____. A. Movables B. Movables by anticipation C. Immovables D. Component parts

B. Ownership in indivision - In Louisiana, this is called ownership in indivision. In common law, this is called tenancy in common.

Matilda and Harriet Belafonte inherited their grandmother's duplex. Since there are two sides to the duplex, the girls decide to keep the property and live in it, at least until they get married and start their own families. What is this type of ownership called in Louisiana? A. Tenancy in common B. Ownership in indivision C. Ownership in severalty D. Tenancy by the entirety

A. Metes and bounds - Point of beginning is common with metes-and-bounds descriptions.

Morty, a land surveyor, was called out to survey a property. After doing some research, he located the legal description for the property in question. Now, if he could just find the point of beginning located at the iron pin on the southerly line of state route 117, 30 feet east of the oak tree next to Bear Creek, he'd be set. What type of legal description is Morty working with? A. Metes and bounds B. Rectangular government survey C. Lot and block D. Plat and subdivision

C. Yes, Hayden can require Nathan to fulfill the contract terms. - In the same way that a legally incompetent party can void a contract while the competent party cannot, a legally incompetent party can enforce a contract should the competent party wish to terminate. It is possible for a person with legal capacity to rescind a contract if she goes through the proper legal channels.

Nathan and Hayden enter into a contract for Hayden to purchase Nathan's home. Nathan decides he doesn't want to sell and is elated when he finds out that Hayden's only 17 years old. Can Hayden force Nathan to sell? A. Yes, as long as she gets a legally competent party to co-sign the contract with her. B. No, she can purchase the house if Nathan doesn't object but can't do so if he objects. C. Yes, Hayden can require Nathan to fulfill the contract terms. D. No, because Hayden can't legally enter into a contract.

A. Yes. He stayed for 30 days without opposition, which means his lease is automatically reconducted. - The same is true when a tenant remains on the property more than a week without notice to terminate or vacate, as long as the landlord doesn't object (again, if the previous lease were for one month or longer).

Ned, the tenant in an agricultural lease, wants to continue the lease after his year is up. He remains on the property for 30 days after the lease ends with no opposition from his landlord, but he does not have a written contract for the lease. Can he renew the lease, and if so, how? A. Yes. He stayed for 30 days without opposition, which means his lease is automatically reconducted. B. No. He doesn't need a written contract, but since he and his landlord haven't even created an oral agreement, his lease is up. C. Yes. Since the original lease is over, Ned must get the reconduction in writing, but he can stay. D. No. Since there is no written contract for a new lease, he must vacate the premises.

C. Two

Of the 11 appointed Louisiana Real Estate Commission members, how many are members at large? A. Four B. Three C. Two D. One

B. Effective revocation - A revocable offer can be revoked at any point before it's accepted—effective revocation occurs when the offeree receives the revocation before acceptance.

Regarding a revocable offer in Louisiana, what occurs when the offeree receives the revocation before acceptance? A. Early revocation B. Effective revocation C. Invalid revocation D. Illegal revocation

B. The price is proportionate to the property value - The price must be close to the actual value of the property.

Regina wants to buy Joy's waterfront property in Akers. They have agreed on a purchase price, but the sale will not be valid unless they ensure that ______. A. Since they agreed on a price, the sale is already valid B. The price is proportionate to the property value C. They have negotiated on the price of all movable items D. The price is less than the property value

A. Olographic - This is an olographic will in Louisiana. In other states, it's called a holographic will.

Roger and Linda are preparing their last will and testament documents. They have hand-written, signed, and dated them. What type of will is this in Louisiana? A. Olographic B. Holographic C. Notarial D. Simple

C. Amy gives him permission to share a specific piece of information. - Louisiana law provides three exceptions to the duty of confidentiality, including an exception if the client consents to the disclosure of previously confidential information.

Ronald can't disclose anything confidential that his buyer client Amy shared with him, unless which of the following things occur? A. Ronald discovers that the information is likely not true. B. Amy buys a house and the agency relationship ends. C. Amy gives him permission to share a specific piece of information. D. His agency agreement with Amy expires.

C. Revoked - Rowena's license will remain in revoked status pending the outcome of her appeal.

Rowena, the subject of an administrative law hearing, has decided to appeal her license revocation to the 19th Judicial District Court. What's the status of her license until the appeal is heard? A. Remains in effect B. Stayed C. Revoked D. Limited

D. Legitime - This is an example of a legitime trust, one of the three allowable restrictions on forced heirship.

Sanford stipulates in his will that his son's legitime of will be placed in a trust and given to his son when he turns 18. This is an example of a(n) _____. A. Immovable B. Usufruct C. Survivorship requirement D. Legitime

B. Separate immovables - Sasha owns the land and Elijah owns the unharvested crops, so both are considered separate immovables.

Sasha owns property that she leases to Elijah, a sugar cane farmer. In Louisiana, Sasha's land and Elijah's unharvested sugar cane are considered ______. A. Incorporeal immovables B. Separate immovables C. Real estate D. Component parts

C. Novation - Novation is the substitution of one of the parties to an existing contract, which releases the original party from all liability and creates a new contract.

Shannon and Rene are sisters who enter into a contract to buy an income property. The sisters get into a dispute, and Shannon wants out of the deal. However, their uncle Jerry wants to replace Shannon on the contract. Shannon agrees to the substitution, so they go ahead and do it. This is an example of _____. A. Assignment B. Fraud C. Novation D. Mutual mistake

C. When she submits a formal written complaint to the LREC - Once the LREC receives a formal written complaint, the executive director can give written authorization to open an investigation into the alleged violation.

Sia Cooper is accusing her former real estate salesperson, Robert, of misrepresentation. At what point will the commission begin to investigate Sia's claim? A. When she calls and leaves the complaint on the LREC complaint hotline B. When Robert's sponsoring broker receives the complaint C. When she submits a formal written complaint to the LREC D. When she submits a formal written complaint to the state attorney

Helen - Simon owes the duty of confidentiality only to his client Helen. Licensees don't owe the duty of confidentiality to customers, and Roger is Simon's customer.

Simon is a licensee in Louisiana working as a designated agent for seller Helen. He's also assisting the buyer customer, Roger, in the same transaction. To whom does Simon owe the duty of confidentiality? All parties associated with the transaction Both Helen and Roger Helen Roger

A. Ted is an associate broker who works for Tip Top Realty, where Ann is a licensed broker. - Because Ted has a license but chooses to be supervised by Ann, he's known as an associate broker. Since Ann supervises Ted, she must be a licensed broker at Tip Top Realty.

Ted has a license but chooses to be supervised by Ann at Tip Top Realty. What's true about Ted and Ann? A. Ted is an associate broker who works for Tip Top Realty, where Ann is a licensed broker. B. Tip Top Realty is either a partnership or an LLC but can't be a corporation. C. Both Ted and Ann must be partners or members of Tip Top Realty as well as sponsoring brokers. D. Ann is the business owner of Tip Top Realty, and Ted is the company's sponsoring broker.

Ted is an associate broker who works for Tip Top Realty, where Ann is a licensed broker. - Yes! Because Ted has a license but chooses to be supervised by Ann, he's known as an associate broker. Since Ann supervises Ted, she must be a licensed broker at Tip Top Realty.

Ted has a license but chooses to be supervised by Ann at Tip Top Realty. What's true about Ted and Ann? Ann is the business owner of Tip Top Realty, and Ted is the company's sponsoring broker. Both Ted and Ann must be partners or members of Tip Top Realty as well as sponsoring brokers. Ted is an associate broker who works for Tip Top Realty, where Ann is a licensed broker. Tip Top Realty is either a partnership or an LLC but can't be a corporation.

Ownership in indivision - Tenancy in common is the common law equivalent of ownership in indivision.

Tenancy in common is the common law equivalent of _____. Community property Joint tenancy Ownership in indivision Partitioning

D. Wait because the landlord has up to 30 days to return the deposit. - Landlords have up to 30 days to return security deposits. If they fail to do so, former tenants may recover actual damages or $200 plus attorney fees and court costs, whichever is greater.

The Barneys moved out of their Baton Rouge rental 25 days ago and haven't received their security deposit, even though they kept their unit spotless. What should they do? A. File a formal complaint with the National Association of Landlords. B. Advise the landlord, in writing, that they are now owed their security deposit plus 5% interest. C. Take the landlord to court and sue for the security deposit or attorney's fees and $200, whichever is greater. D. Wait because the landlord has up to 30 days to return the deposit.

Require licensees to maintain separate escrow accounts in legally chartered financial institutions - The Louisiana Real Estate Commission has the power to require licensees to maintain separate escrow accounts in legally chartered financial institutions

The Louisiana Real Estate Commission has the power to ______. Make deposits into escrow accounts Require licensees to maintain separate escrow accounts in commission-maintained financial institutions Require licensees to maintain separate escrow accounts in legally chartered financial institutions Suspend and hold escrow accounts .

D. The offer has expired. - Unfortunately, "reasonable time" tends to be vague. The timeframe must be noted in the contract. The usual timeframes allowed to accept offers are at least 24 hours but can be up to five days at the longest. On average, most contracts have acceptance as the third day from submitting offer.

The Yorks just received an offer on their home that is well below listing price. The offer states that there must be a response within a "reasonable time." However, the Yorks are having trouble deciding, and the "reasonable time" comes and goes. What does this mean for the Yorks? A. Nothing. An offer that does not specify a specific time for acceptance is not legally valid. B. The offer is now irrevocable. C. They are legally bound to accept the offer. D. The offer has expired.

D. $5,000

The maximum penalty the Louisiana Real Estate Commission can impose for a license law violation is ______. A. $2,000 B. $3,000 C. $4,000 D. $5,000

Use - The right of use allows another person to have a particular use of a property that's less than full enjoyment. This is equivalent to license in common law.

The right of _____ allows another person to have a particular use of a property that's less than full enjoyment. Habitation Ownership Use Usufruct

B. Usus - The right to use a thing and exclude others from using it is called usus and is included in the Louisiana bundle of rights.

The right to use a thing and exclude others from using it is called _____. A. Fructus B. Usus C. Abusus D. Avulsion

C. Servitudes - Personal and predial are the two types of servitudes. Personal servitudes are charges against a thing in favor of a person; a predial servitude is in favor of an estate.

There are two types of _____: personal and predial. A. Rights of way B. Usufructs C. Servitudes D. Habitations

C. Usufruct - Usufruct allows a person to not only use the thing but also to keep any fruits that the thing produces for the duration of the servitude. Fruits include the right to lease the property and to keep the rents.

Which type of personal servitude in Louisiana allows a person to not only use the thing but also to keep any fruits that the thing produces for the duration of the servitude? A. Usus B. Habitation C. Usufruct D. Rights of use

D. It has no effect on the agency relationship with the client. - Louisiana law states that performing ministerial acts for a customer does not violate any agreement the licensee has with a client.

When a Louisiana licensee helps a customer by performing ministerial acts, how does that affect the agency relationship the licensee has with the client in the transaction? A. It turns the agency relationship into a dual agency situation. B. It temporarily suspends the licensee's relationship with the client. C. It violates the agent's fiduciary duties to the client. D. It has no effect on the agency relationship with the client.

C. Liberative prescription - This is due to liberative prescription. Within the first two years of a violation, fines and injunctions can be used to enforce building restrictions.

When an owner violates a building restriction and isn't censured for two years, that owner's immovable is freed from that particular restriction. This is due to _____. A. Developer restrictions B. Subdivision restrictions C. Liberative prescription

A. Issue subpoenas to those who were involved in the investigation - When the Louisiana Real Estate Commission conducts a formal adjudicatory hearing, it has the authority to issue subpoenas to those who were involved in the investigation, requiring them to appear at the hearing.

When conducting a formal adjudicatory hearing, the Louisiana Real Estate Commission has the authority to______. A. Issue subpoenas to those who were involved in the investigation B. Withhold evidence from the judge C. Demand the licensee be incarcerated D. Forbid the licensee to testify

Add additional licensees to the complaint if it has documented probable cause - While investigating a license law violation complaint, the Louisiana Real Estate Commission reserves the right to add additional licensees to the complaint if it has documented probable cause.

When conducting an investigation into a licensee's possible violation of license law, the Louisiana Real Estate Commission may ______. Add additional licensees to the complaint if it has documented probable cause Arrest the licensee Hire an attorney Publish the charges against the licensee on the commission website

C. Undeclared, non-apparent servitudes - A warranty against undeclared, non-apparent servitudes assures that there are no other claims or liens against the title, other than those in the public record or the deed itself.

Which deed warranty assures that there are no other claims or liens against the title, other than those in the public record or the deed itself? A. Peaceable possession B. Undisclosed vices C. Undeclared, non-apparent servitudes D. Right to convey

C. Nate, a new licensee, who has completed 12 hours of continuing education, eight of which had also been used toward his post-licensing requirements - Each licensee must complete 12 hours of CE each year for renewal. New licensees can use eight hours of their post-licensing requirement toward the 12 CE requirements.

Which of the following Louisiana license holders has completed the necessary continuing education requirements for yearly license renewal? A. Eli, who has completed 10 hours of continuing education B. Aby, who has completed eight hours of continuing education C. Nate, a new licensee, who has completed 12 hours of continuing education, eight of which had also been used toward his post-licensing requirements D. Nina, a new licensee, who has completed 12 hours of continuing education, five of which had also been used toward her post-licensing requirements

C. Refusing to show a property because the prospective buyers are minorities. - Discriminating based on protected class status is a violation.

Which of the following actions, when performed by a licensed salesperson, is a real estate violation? A. Showing a property to qualified buyers. B. Refusing to show a property to a party who's not financially qualified. C. Refusing to show a property because the prospective buyers are minorities. D. Refusing to show a property that's outside of a buyer's budget.

D. Matt lives by himself in a cabin in the woods, thinking it's his when it actually belongs to someone else. - Matt lives on land that he thinks he owns, which is the definition of acquisitive prescription.

Which of these is the best definition of acquisitive prescription? A. Gloria gives her interest in a property to her son via a quitclaim deed. B. Emmett brings a claim to court in order to quiet title on a small piece of land. C. Jay agrees to sell his lakefront condo to Monica, and they proceed with only a verbal agreement. D. Matt lives by himself in a cabin in the woods, thinking it's his when it actually belongs to someone else.

B. Amelia has been a real estate licensee for five years. - In addition to passing the broker licensing exam, applicants must complete 90 hours of education and have three years' real estate experience. The education requirement may be waived for those with law or certain other degrees.

Which of the following individuals meets the eligibility requirements for a Louisiana real estate broker license? A. Esther has completed 40 hours of pre-licensing education and has five years' experience as a real estate salesperson. B. Amelia has been a real estate licensee for five years. C. John has a master's degree in business and one year of real estate-related experience. D. Cyrus has completed 90 hours of pre-licensing education and has two years' experience as a real estate appraiser.

B. Billy grants a wind energy company the right to operate wind turbines on his land. - Utility companies use personal servitudes, like rights of use, in order to maintain the transferability of their rights of use and to avoid termination based on time constraints.

Which of the following is an example of right of use? A. Kiersten sells her condominium. B. Billy grants a wind energy company the right to operate wind turbines on his land. C. Jeb gives Jerry the right to lease Jeb's land. D. Sue rents a room in her home to a boarder.

C. The right of habitation is part of the chain of title on a property. - The right of habitation is part of the chain of title on a property. For the right to be legally enforceable, it must be recorded with the parish.

Which of the following is true about the right of habitation? A. The right of habitation only applies to unmarried individuals. B. The right of habitation can be passed down to one's heirs. C. The right of habitation is part of the chain of title on a property. D. A corporation can be granted the right of habitation.

D. A legal description of the units and their common elements - Louisiana requires that a legal description of the units and their common elements be part of the developer's declaration. There are several items on the list of requirements for declarations in Louisiana. Make sure you know them all!

Which of the following must be included in a condo developer's declaration? A. Interior paint swatches and carpet samples B. Assistance for first-time buyers C. Discounted units for low-income buyers D. A legal description of the units and their common elements

D. Lisa, a licensee with one year of experience who is affiliated with a brokerage firm and is managed by another licensee - Salespeople are licensed to sell real estate and must be supervised by a licensed broker.

Which of the following persons fits the Louisiana description of a salesperson? A. Theresa, a licensee with 10 years' experience who supervises 15 licensees under the supervision of another broker B. Deb, a licensee with five years' experience whom another broker has appointed to manage three other licensees C. Sammy, a licensee who works for himself D. Lisa, a licensee with one year of experience who is affiliated with a brokerage firm and is managed by another licensee

A. Doug is buying Norm's farm but has a serious accident and no longer wants to own a farm, so his daughter Linda decides to buy the property. Norm agrees to the substitution of Linda for Doug in the purchase contract, effectively creating a new contract. - Novation creates a new contract by substituting one or more parties to the contract, which releases the original party from liability.

Which of the following scenarios is an example of novation? A. Doug is buying Norm's farm but has a serious accident and no longer wants to own a farm, so his daughter Linda decides to buy the property. Norm agrees to the substitution of Linda for Doug in the purchase contract, effectively creating a new contract. B. Using a clause in the original purchase contract, Roxanne assigns her contractual right to purchase a property to her friend, Caroline. C. Marcie contracts to buy Suzanna's beauty salon. Marcie gets cold feet, though, and terminates the contract. D. Cynthia has a contract with Jack to buy his house. She terminates the contract after the inspection and writes a similar contract on a new property with Jeff.

C. It's the default agency relationship. - Louisiana's definition of designated agency, which is the default agency relationship in the state, is when one agent represents one client.

Which of the following statements about designated agency in Louisiana is true? A. Designated agency exists when one agent represents two clients in the same transaction. B. Brokerage firms can determine if they want to use it or not. C. It's the default agency relationship. D. It's rarely used.

C. Incorporeals - Incorporeals are things without a body but that can be understood, like ideas and concepts such as freedom, rights, and ownership.

Which of these Louisiana civil law terms means things without a body but that can be understood? A. Corporeals B. Tangibles C. Incorporeals D. Intangibles

D. Claudia, a salesperson who is lawfully representing clients in real estate transactions - Active status is used to describe licenses that are current and valid. Only those with an active license can practice real estate. John, Stephanie, and Sal all hold inactive licenses due to their licenses being suspended or revoked. Claudia is the only one holding an active license.

Which of these Louisiana real estate license holders has an active license? A. John, a salesperson whose license renewal was due last week. He hasn't yet completed his continuing education requirements B. Stephanie, a broker whose license was revoked last month C. Sal, a principal broker whose license was suspended last week for a period of one year for failure to adequately supervise D. Claudia, a salesperson who is lawfully representing clients in real estate transactions

B. David's broker is fined because David was found guilty of misconduct. - If a broker's licensee is found guilty of misconduct, the broker can be held liable for failure to supervise and may also be held liable for the licensee's misconduct through the legal concept of vicarious liability.

Which of these is an example of vicarious liability at work? A. Cassie's license was deemed to be inactive because her principal broker's license wasn't renewed on time. B. David's broker is fined because David was found guilty of misconduct. C. Marsha signs an agreement indemnifying her broker from any harm related to their real estate transaction. D. LREC brings a misconduct charge against a licensee.

It's the legal concept that one owns property. - Title is a legal concept that means that a person has ownership of real property.

Which of these statements best describes the meaning of title in Louisiana? It's one of the rights found in the bundle of rights. It's the legal concept that one owns property. It's the legal description of a property. It's the legal document that shows proof of ownership of property.

C. No, because confidentiality is still required. - The fiduciary duty of confidentiality continues forever, even after an agency relationship ends. New relationships, and the duties attached to those relationships, don't supersede the duty of confidentiality owed to previous clients.

You're a Louisiana licensee who worked with a buyer client in the past who's extremely wealthy. This same person is now making a lowball offer to your current seller client. Can you share with your seller client that this buyer can afford to pay more? A. Yes, you must look out for your seller's interests. B. Yes, this demonstrates reasonable skill and care. C. No, because confidentiality is still required. D. No, since you don't represent anyone's interests.

C. Deed - The deed should be recorded to ensure that someone else doesn't try to claim ownership of the same property.

You've just helped Maribella and Antonio Vega purchase a new home. Which of the following should be recorded to ensure that someone else doesn't try to claim ownership of the same property? A. Purchase agreement B. Title C. Deed D. Certificate of occupancy

C. Equitable title and possession of the property - In a "bond for deed" situation, the seller retains the deed for the immovable property until the buyer has completely paid off the loan. The buyer receives an equitable title and the right to possess the property, but the seller retains the legal title.

Your clients, the Braeburns, have signed a bond for deed contract to purchase a property. What rights do the Braeburns receive? A. Equitable and justifiable title B. Equitable and legal title C. Equitable title and possession of the property D. Equitable and legal title and right of possession

A.rty - Though other community property states recognize the right of survivorship, Louisiana doesn't.

_____ is property acquired during marriage and owned equally between the two spouses. A. Community property B. Separate property C. Common property D. Joint tenancy

B. Expropriation - Expropriation is an authorized, court-ordered mandate that compels private owners to transfer their ownership rights to another person or entity in exchange for fair compensation; it's synonymous with the common-law term "taking."

_____ is the authorized, court-ordered taking of property in exchange for fair compensation. A. Appropriation B. Expropriation C. Quick taking D. The St. Julien Doctrine