Học Thi Real Estate License ở California: Real Estate Contracts 1. A buyer makes an accepted offer conditioned upon the approval of the buyer's spouse. Prior to the spouse's approval, this is a(n): void contract illegal contract binding contract illusory contract None Hint 2. An astute broker would least likely spend his or her advertising dollars on: billboards radio advertising newspaper ads on open listings ads in the Yellow Pages None Hint 3. A buyer who refused to complete a sale without proper cause might be entitled to the return of all of his or her earnest money deposit if: the purchase were a disabled veteran the property was one to four residential units the seller found another buyer for more money the property was to have government-assisted financing None Hint 4. Armand contracts to sell some land to Brenda and thereafter refuses to perform. Brenda wants the land, so she should bring suit against Armand for: rescission compensatory damages novation specific performance None Hint 5. On an exclusive listing, a broker can be disciplined for: failure to attach a tax statement failure to give a copy to the owner failure to include a definite termination date both b and c None 6. A seller sold property "as is." The broker knew the plumbing was in bad repair but did not inform the buyer. The buyer can sue: none of these no one as the sale was "as is" no one as "as is" is really notice of a problem the broker None Hint 7. A young couple indicates to a broker that the down payment is beyond their means. While showing them a property, the broker overhears them discussing taking out a personal loan for the down payment. The broker should: point out the appreciation advantages of real estate explain that real estate ownership is well worth a temporary hardship caution the purchasers as to the danger of overextending themselves tell them not to buy if they must borrow None 8. A broker obtains a $1,200 down payment on a $20,000 full-price offer on her exclusive six percent listing. After acceptance, the seller releases the buyer from his obligation. The broker should: keep the $1,200 as her commission ask the local real estate board to arbitrate return the $1,200 to the buyer leave the $1,200 in escrow None Hint 9. A verbal agreement to sell real estate would be enforceable where: the purechase price is less than $500 the parties swear to the agreement on a Bible it involves unimproved land the buyer takes possession, makes a down payment, and improves the property None Hint 10. A minor cannot: pay income taxes contract for purchase of personal property any of these appoint an agent None Hint 11. All four copies of a purchase agreement would most likely be signed by the: buyer and seller buyer buyer, seller, and broker seller None Hint 12. Under an exclusive agency listing, a broker advertises a home. The owner sells the home prior to the expiration of the listing. The broker is entitled to: her expenses her full commission half of her commission nothing None Hint 13. An election of remedies would most likely appear in: a listing escrow instructions a purchase agreement a deed None Hint 14. A sale falls apart and both the buyer and the seller make demands on the broker for the buyer's deposit. A wise broker would: file an interpleader action give it to the owner take it out of his commission give it to the broker None 15. An ordinary exclusive right to sell listing in a broker's inventory is an: executory unilateral contract executed unilateral contract executed bilateral contract executory bilateral contract None Hint 16. In taking a listing it is proper for the broker to: agree to accept a listing at a greater price than that suggested by a competitor raise the owner's asking price to include the commission accept the listing at whatever price the owner wants ascertain the seller's reason for listing None 17. A broker fails to give the owner a copy of the open listing or to include a termination date. The broker then obtains an offer that is accepted by the owner. the broker is entitled to her commission the broker has not done anything wrong neither a nor b is true both a and b are true None Hint 18. An exclusive right to sell listing contract shows the expiration of the listings as 12 noon on December 3. At 3 P.M. on December 3, Adam, the original listing broker, produces a buyer. The owner gave an exclusive listing on the property at 2 P.M. on December 2 to Bernadine, another broker Bernadine is entitled to a commission Adam is entitled to a commission Adam has placed his license in jeopardy none of these is true None Hint 19. The function of board arbitration is to: settle disputes between agents none of these settle disputes regarding closing costs set standard closing costs for buyers and sellers None 20. An example of an illegal earnest money deposit would be: a promissonry note a personal check none of these cash None 21. A buyer of a common interest development is entited to receive all except: one-year buyer warranty copies of the CC&Rs homeowner Association bylaws homewner Association financial statement None 22. A safety clause in a listing requires the broker to submit names of people with whom whe negotiated to the owner prior to the expiration of the listing. The broker inadvertently left out Edwin's name. One week after the listing expires, the owner sells to Edwin. Edwin is liable for the commission the owner is not liable for any commission the owner is liable for half of the commission the owner is liable for full commission None Hint 23. A broker is least likely not to get in trouble by: failing to put a termination date in an open listing taking a net listing taking an option with a listing forgetting to give a copy of an exclusive listing to the person signing it None Hint 24. An offer usually has to be accepted: within 10 days in the manner specified in the offer in writing none of these None 25. A broker repeated rent information he received from his client to a purchaser. After the sale, it was discovered the information was false. The new buyer went to an attorney. Most likely she would sue: none of these, because of caveat empor the seller and the broker the broker the seller None Hint 26. A prospective buyer signs an offer but refuses to give a deposit. Which of the following applies? refuse to present the offer the offer as written cannot be accepted present the offer to the owner inform the buyer that a deposit is required by law None Hint 27. Three people own a piece of property. A broker takes an exclusive listing to each of their places of business to get it signed. The broker must: get them to sign at the same time give a copy to the first one who signs give one copy to any of the owners give a copy to each when he or she signs None 28. Burt, a broker, shows houses on which he has listings to Don and Wilma Smith. They don't like any of them. When Don is away, Burt shows a house to Wilma. She likes it and gives a deposit. On the purchase contract form, what would be appropriate to write after "received from"? Don and Wilma Smith Wilma Smith Don an Wilma Smith, husband and wife Don and Wilma Smith as joint tenants None 29. Sandra, a broker, had 40 hours listed when she passed away. Her daughter, also a broker, inherits the business. She must: seek judgment in court to get the commissions tell the 40 sellers that she is taking over and that as far as they are concerned there is no change inform the 40 sellers as to what happened and that all the listings belong to her regenotiate the 40 listings None Hint 30. Negative fraud would be: fraud that results in harm to another fraud that was not acted upon nondisclosure unintentional fraudulent action None Hint 31. A broker has an exclusive agency listing on a property and inadvertently states 6 cents rather than six percent as his commission on the listing. If the owner sells the property, the broker is entitled to: 6 cents six percent of the sale price the amount determined by the Commissioner nothing None Hint 32. A buyer must be notified about a military ordnance location that may contain explosives if within ___mile(s) of the property. 2 1 8 5 None 33. Mutual consent is usually evidenced by: offer and acceptance duress none of these fraud None Hint 34. Optionor best describes a(n): owner broker lender prospecive buyer None Hint 35. Angelo lists his farm on July 1 with Benita, a broker. The listing is for 30 days. On August 2, Benita finds a full-price buyer who makes a deposit directly into escrow (no purchase contract is signed). the buyer owes the commission Angelo must pay Benita the commission the escrow mus pay the commission to Benita Benita is not legally entitled to a commission None Hint 36. A listing dated June 1995 states "cash and assume a loan at ____ percent interest per annum with balance due in December 2010." the salesperson who wrote it is subject to discipline the listing is illegal the listing is okay the existing loan is illegal None Hint 37. A broker lists property owned by a corporation. Before expiration of the exclusive listing, all of the officers of the corporation die. the listing is suspended the listing is terminated automatically the listing remains in full effect the listing must be reaffirmed by new offers None Hint 38. A broker informs an owner that a listing is really an open listing, when in fact it is an exclusive agency listing. none of these is true the doctrine of caveat emptor prevails the broker is entitled to a commission, no matter who sells the property the broker has placed her license in jeopardy None Hint 39. A broker has an exclusive listing on a property that also provides the broker with an option to buy that property. The broker wishes to exercise the option. The broker: must obtain the approval of the Department of Real Estate should forget it as he has violated his fiduciary duty must publish his intent for 30 days prior to exercising the option must obtain the seller's approval in writing None Hint 40. Clark leases Francine's store under an oral, one-year lease. After three months occupancy, Clark finds a less expensive rental. because the lease was not in writing, Clark can get out of it immediately Clark must give notice, as in periodic tenancy Clark is liable on the entire lease even though the lease was not binding because it was verbal, Clark is bound, as he treated the lease as being valid for three months None Hint 41. An agent had a listing that authorized the agent to accept deposits. The agent received a $50,000 cash deposit. The agent and the deposit cannot be located. Who is responsible for the loss? the recovery fund the owner as her agent took the money the agent only the buyer as the offer was not accepted None Hint 42. April signed a contract to buy Byron's property. Byron obtained April's signature by representing that the sale agreement was a petition to the city for street improvement. The purchase agreement would be: voidable at April's option valid void voidable at April's or Byron's option None Hint 43. All of the following are essential elements of a contract except: performance consideration acceptance an offfer None Hint 44. Which of the following is an offer? a foreclosure a completed escrow an option a tender None Hint 45. After agreeing verbally to split a commission with a selling broker, the listing broker now refuses to do so. The selling broker should: contact the Real Estate Commission notify the state labor commissioner none of these-the agreement was verbal sue the listing broker None 46. Coercion and duress are applied to one party in a contract. The contract is: unenforceable illegal voidable void None Hint 47. The seller defaults on an executed purchase contract. The broker is: entitled to a commission on default entitled to a commission only on close of escrow not entitled to a commission entitled to half of the deposit after expenses None Hint 48. A buyer gives an offer to purchase on February 1, requiring acceptance within 10 days. the buyer cannot withdrawn prior to February 11 none of these is true the buyer cannot withdrawn prior to February 12 the buyer cannot withdrawn before February 10 None Hint 49. The Alquist-Priolo Act deals with: lead paint disclosure toxic waste special studies zones military ordnance locations None Hint 50. Which of the following may recorded? an exclusive agency listing an exclusive right to sell listing all of these contracts of sale None Hint 51. The listing offering the greatest chance for the listing broker to earn a commission is a(n): exclusive agency listing net listing exclusive right to sell listing open listing None 52. Waiver differs from rescission in that waiver: modifies the contract to read as it was intended to read leaves the parties as they are requires cessation of an action puts the parties back to where they were None Hint 53. Brokers earn their commissions: none of these on close of escrow by finding buyers ready, willing, and able to buy at the time that they list properties None Hint 54. Sherman agrees to pay $100,000 for Ray's lot. During escrow, Ray learns that Sherman has an offer to sell the lot for $300,000 and that Sherman had priviledged information about this buyer before he made his offer. Ray sues Sherman for his profit. Sherman can obtain specific performance but no money damanges Ray has no valid claim against Sherman's profit Ray is liable to both Sherman and his buyer because it was a secret profit, Ray will prevail None Hint 55. A listing entered into on March 12, expiring at midnight on April 12, is for ___ days: 31 33 32 30 None Hint 56. A broker receives a full-price offer on a house she has listed in accordance with the terms of the listing. Before she can present the offer, another broker brings in an offer for $500 less but slightly better terms. The listing broker should: present both offers at the same time present both offers in the order refuse to accept the second offer tell the other broker the property has been sold None Hint 57. A broker under an exclusive right to sell listing had her license revoked. In order to collect a commission, she must prove all but which of the following? the listing was property executed the parties agreed to the sale before the listing expired the broker was the procuring cause of the sale she was licensed at the time the commission was earned None Hint 58. A broker has a standard CAR Residential Listing Agreement. During the listing, the owner signs a two-year lease without the consent of the broker. no consent is ever needed none of these is true the owner owes the broker a commission the owner owes the broker half the commission None Hint 59. A purchase contract signed because of duress is: illegal void voidable all of these None Hint 60. A listing that does not require a broker to use diligence in obtainning a purchaser is: a bilateral contract void illegal not an exclusive listing None Hint 61. A broker obtains an exclusive six percent listing for $40,000. The broker brings in a offer of $16,000. The offer angers the owner, who then leases the property for five year prior to the expiration of the listing. The broker is: entitled to a $900 commission entitled to a $2,400 comission not entitled to a commission entitled to a $1,200 comission None Hint 62. The broker's agreement to use diligence in finding a purchaser: makes the listing revocable by the owner none of these makes the listing a bilateral contract makes the listing a unilateral contract None Hint 63. After a house on which Paula, a broker, had an exclusive agency listing has been sold by another broker, she finds out about it. The selling broker received a full commission. Paula shoud make a demand on the: selling broker for half commission selling broker for full commission owner for full commission owner for half commission None Hint 64. The broker who has most likely earned his or her commission has: notified the buyer of the seller's acceptance received an offer on listed property received the seller's acceptance of the offer any of these None Hint 65. A salesperson obtains a listing on her broker's house. Immediately thereafter, she changes brokers. the listing belongs to the salesperson the listing is terminated by the change the listing belongs to her previous broker the listing belongs to her new broker None 66. An option set forth in a lease would be a(n): encumbrance appurtenance covenant restriction None Hint 67. The provision in a deposit receipt calling for forfeiture by the buyer of a deposit is known as: liquidated damages none of these punitive damages forteiture clause None 68. All contracts require all of the following except: an offer and acceptance consideration a legal purpose a proper writing None Hint 69. A purchase agreement signed by Mr. Jones alone calls for the title to be in Mr. and Mrs. Jone's Names as community property. The purchse agreement is: valid illegal void unenforceable None Hint 70. As to contracts, which of the following is true? printed and handwritten notations carry the same weight and the court decides the meaning printed text takes precedence over typed text the handwritten portion takes precedence over the printed portion in the event of any differences in a printed contract, the printed form takes precedence over hand-written text None Hint 71. A broker finds a buyer for his listed property at more than the listing price. He therefor buys the property himself and resells it. This is a: violation of Article VII violation of Article VI secret profit violation of Article V None Hint 72. Megan's Law deals with: sex offenders water quality waster disposal military ordnance None Hint 73. An owner refuses to convey property after signing her acceptance on a purchase contract. Specific performance can be enforced by: the broker neither a nor b either a or b the purchaser None Hint 74. An option cannot be assigned: if the option period is over three months if purchase consideration is an unsecured note in any instance both a and b None Hint 75. Broker John took an oral listing of Ralph's popcorn wagon at a price of $400. The agreement provided for a 25 percent commission. John was successful in arranging a sale. From these facts: Ralph does not have to pay John a commission John has placed his license in jeopardy neither a nor b both a and b None Hint 76. The authority of the broker to accept a deposit is provided for in the: deposit receipt escrow instructions all of these listing None 77. An option provides for a consideration of one dollar. The option is: none of these void because of the inadequacy of the consideration valid as long as the option stated a consideration valid if the consideration has been paid None Hint 78. Harvey gives Jonas, a broker, an exclusive agency listing for three months. After one week, Harvey notifies Jonas in writing that he is terminating the agreement. The next day, Harvey signs an open listing with Keith, another broker. Lee, a sales person working for Keith, brings in an offer, which Harvey accepts. As to the commission. which of the following is true? Harvey is liable to Jonas and Keith for the commission Jonas is not entitled to a commission because Harvey canceled the listing Harvey was not entitled to list with keith because the other listing had not expired only Keith gets the commission None Hint 79. Archie, a broker, listed a property. Conrad, a salesperson working for Beryl, another broker, received an offer. Diana, a salesperson working for Archie, got the offer accepted. Who earned the commission? Arcjoe Diana Conrad Beryl None Hint 80. A minor inherits land. While still a minor, she deeds the land to the church, which puts a building on it. After reaching majority, she changes her mind and wants the land back. she must pay the church the value of the structure all of these are true she can get the land back if it was a charitable gift, she cannot get it back None Hint 81. As to an offer to purchase, which of the following is true? structural inspection and clearance is required the broker has the option of submitting the offer none of these it must include a deposit None 82. Losing a right due to failure to assert it in a timely fashion is called: dereliction subrogation laches satisfaction None 83. All of the following are natural hazards requiring disclosure except: earthquake fault zone fire hazard area of potential flooding weather None 84. Alan, a broker, obtains an offer from Bridget to buy Carl's house. After Carl accepts and the escrow instructions have been signed, both Bridget and Carl die. Alan has earned his commission, but the deal cannot be completed. the agency and executory contract were canceled by death the agreement is binding on the estates of both Bridge and Carl none of these is true None Hint 85. An owner instructed her broker not to present any offer that did not include a deposit of at least five percent of the price offered. The broker received an offer without any deposit. The broker should: use trust funds to make up a deposit present the offer return the offer to the buyer inform the buyer that a deposit is required by law None Hint 86. All of the following are ways by which an offer to purchase real estate would be terminated, except: failure to communicate notice of revocation before the other party has communicated acceptance a conditional acceptance of the offer by the offeree death or insanity of the offeror or offeree, regardless of the notice thereof failure to accept the offer within a prescribed period None Hint 87. Anita signs a real estate purchase contract as a buyer. The contract states that it is good for three days. One day later, Anita wishes to revoke her unaccepted offer. Anita may revoke but will forfeit her deposit Anita may revoke and revocer her deposit Anita may revoke but is liable for the commission Anita is bound because the offer is irrevocable None Hint 88. Ashley gives her broker, Bob, an exclusive agency listing. Ashley's cousin, a broker in another town, finds a buyer and takes a reduced commission. Ashley's cousin must split his commission with Bob Ashley's cousin has placed his license in jeopardy Ashley does not have to pay Bob Ashley owes Bob a commission None Hint 89. The buyer would sign a receipt for a booklet dealing with: unhealthy air nonconforming use "as is" sale condition environmental hazards None 90. Which of the following may be recorded? none of these an option an open listing an exclusive right to sell listing None Hint 91. Unknown to the seller, the buyer dies 10 minutes before the selelr accepts the purchase offer. The contract is: valid voidable unenforceable illegal None Hint 92. As to an option, which of the following is true? it is illegal if the option price is not money none of these the optionee must exercise it the optionor must exercise it None Hint 93. A statement that commissions are negotiable need not be included in: neither a nor b a listing of a five-unit apartment building a listing of a single-family home both a and b None Hint 94. On a dwelling having four units, one of which the buyer intends to occuy as a residence, liquidated damages cannot exceed: three percent of the sale price the amount of the sales commission none of these actual expenses None 95. Abby, a broker, has a listing from Bruce, who has been declared insane, unknown to Abby, who acted in good faith. The listing is: illegal all of these. voidable void None 96. Inadvertently, a deposit receipt is not filled in as to who pays for the standard policy of title insurance. The person responsible would then be: the broker the seller the buyer determined by local custom None 97. A listing cannot be terminated by the principal when: the agent has an interest coupled with the agency both a and c the listing as not expired the agent has not breached the agreement None 98. An option is a(n): contract to keep an offer open voluntary lien offer to enter into a contract fiduciary agreement None 99. Antonio enters into a contract with Bess through the chicanery of a broker who induced the contract through fraud. The contract is: voidable unenforceable valid void None Hint 100. An owner dies one week after giving a six-month exclusive right to sell listing. His administrator does not wish to sell the property. the heirs are liable for the commission none of these is true the estate is liable for the commission the administrator is liable for the commission None Hint 101. The only provision an exlusive listing contains for terminaion is upon the owner giving two-hour notice to the broker. there is nothing wrong with the broker's action the broker is subject to disciplinary action the provision as to early notice has no effect the listing is a unilateral contract None Hint 102. A buyer of a single-family home is entitled to certification that: the home is in compliance with smoke detector laws windown security bars have been installed water heater is properly braced both b and c None 103. The listing price is most likely: an average market value not related to market value a low market value a high market value None 104. After an offer is accepted, the seller dies. The seller's wife inherits the property. the offer is terminated the wife can be forced to sell the offer is voidable none of these is true None Hint 105. Enthusiasm of a licensee often results in painting an overly optimistic picture. This is known as: puffing fraud misrepresentation coercion None Hint 106. Marlene offers to buy Sean's farm. The accepted offer was contingent on Marlene's getting an $85,000 first trust deed on the farm. Marlene is obligated to go through with the purchase, as the loan is in substantial agreement with the offer both b and c are true Marlene is not required to make the purchase Marlene would be obligated if Sean takes a $1,500 second trust deed None Hint 107. In accordance with the safety clause in an listing, the broker notifies the owner verbally of a prospective buyer. Ten days after the listing expires, the buyer purchases the property. the broker is not entitled to any commission the amount of the commission would be decided by the Real Estate Commission the broker is entitled to a commission based on the selling price the broker is entitled to a commission based on the listing price None Hint 108. The instrument most likely to state that "time is of the essence" is a(n): exclusive right to sell listing exclusive agency listing open listing real estate purchase contract None 109. A broker lists a property for $20,000. He discovers that the holder of a $5,000 second trust deed will discount it 50 percent. A prospective buyer will pay $17,500 for the property, but the seller indicates her price is firm. The broker should: tell the buyer to offer $20,000 and assume the second trust deed inform the seller that the trust deed can be discounted find another buyer buy the trust deed himself None Hint 110. Alice, a broker, submits a listing to an MLS based on a phone conversation with the owner, who indicates he will give Alice the listing. Bart, another broker, obtains a full-price offer, but the owner refuses to sell. Alice is liable to Bart for his commission the owner is liable to Bart only the owner is liable to Alice for a commission Bart is not entitled to any reimbursement None 111. An owner signs open listings on a parcel of land with five different brokers. each broker has an opportunity to earn the entire commission the owner must pay the broker of the first listing entered into if the owner procures a buyer the brokers will split a commission five ways if any of them sell the property the owner must pay a full commission to each of the brokers if the property is sold None Hint 112. Two brokers agree verbally to split a commission. The agreement is: unenforceable void because of the Statute of Frauds enforceable voidable None 113. A real estate purchase contract is: none of these a bilateral contract an agency a unilateral contract None Hint 114. To take a valid option on real property, which of the following is not required? a real estate license written agreement valuable consideration transfer of consideration to the optionor None Hint 115. A broker takes a listing that does not include an authorization to take a deposit. none of these is true the authorization is implied the broker cannot take a deposit if the broker takes a deposit, he does so as the agent of the buyer None 116. A contract to sell real estate by a 17-year-old unemancipated girl is: enforceable valid illegal unenforceable None Hint 117. A disclosure that warns a buyer that there may be additional financial obligations after close of escrow would concern the: industrial airport disclosure methamphetamine contamination notice supplemental tax bill disclosure title insurance notice None Hint 118. The agreement between a broker and a salesperson as to commission splits would normally be: none of these an implied contract an express contract an agency agreement None Hint 119. Failure to perform as agreed under a contract is known as: breach damages novation illegal act None 120. Arbitration under the CAR purchase contract shall be in accordance with: the Administrative Procedures Act none of these the rules of the American Arbitration Association the Real Estate Commissioner's regulations None 121. A husband signs a contract to sell community real estate without his wife's signature. The contract would be: unenforceable valid void illegal None Hint 122. Entering into a contract with a person you did not know and had no reason to know and had no reason to know had been declared incompetent would make the contract: valid voidable voidable by either party void None 123. According to the CAR standard real estate purchase contract, if the seller fails to deliver title: the broker is liable for damages the buyer forfeits his or her deposit the buyer can terminate none of these None Hint 124. An offer would be terminated by: a request for an extension by the offeree revocation by the offeree rejection by the offeror rejection by the offeree None Hint 125. A broker sold a home under an oral listing and was paid a commission. As to this: none of these the broker has placed her license in jeopardy the compensation must be returned the sale is voidable None Hint 126. A real estate commission is normally based on the: listing price cash involved owner's equity selling price None Hint 127. A contract that allows a real estate agent to be an agent of all of the parties to a transaction would be a(n): exclusive right to sell listing seller disclosure statement exchange agreement open listing None 128. Which of the following is true? an illegal contract can be an enforceable contract valid contract can be an unenforceable contract "voidable" means "void unless validated" a void contract can be enforced by one party only None Hint 129. A broker locates a buyer ready, willing, and able to buy accepting the exact terms of an exclusive right to sell listing. The seller refuses to sell because the buyer has been arrested and convicted on a morals charge. the owner does not have to accept the owner must accept the offer the broker has violated his agency the owner can refuse the offer without penalty None Hint 130. The rate of commission for selling a business is determined by: the Real Estate Law Code of Commissions of the NAR real estate regulations the agreement between the broker and the owner None Hint 131. If a buyer wishes to give a promissory note as a deposit with an offer: the broker cannot accept without the owner's permission the broker can accept the note but must inform the principal that the deposit is in the form of a note the broker can never accept a note none of these None 132. Which of the following would not have to be in writing to be enforceable? none of these sale agreemet for a prize bull for $600 sale of a residence sale of a lot for $100 None Hint 133. Escrow is unable to close because the seller cannot deliver marketable title. The buyer can get his deposit back but is: liable for the broker's commission none of these liable for one-half of the escrow costs liable for costs incurred None Hint 134. A buyer defaults on a purchase contract. The seller notifies the buyer that he has elected to rescind their agreement. Under these circumstances: the buyer is entitled to the return of his deposit the seller may retain the deposit as liquidated damages the seller should sue for both actual and punitive damages the seller should hold the deposit until the property is resold, when damages can be determined. None Hint 135. Payment of a commission orally agreed to without subsequent written ratification is: illegal legal both a and b contrary to real estate rules and regurations None Hint 136. Which of these contracts must be in writing in accordance with the Statute of Frauds? all of these the sale of growing crops a contract that is not to be performed for 13 months a lease for one year None Hint 137. Broker Elsie listed a property owned by Widow Jones. The called for a 12 percent commission. After the sale was completed and the commission paid, Widow Jones discovered that Elsie charged other owners six percent for sales of similar property. As to this transaction: Jones is entitled to the return of the entire commission paid none of the above Jones is entitled to the return of half of the commission Elsie has placed her license in jeopardy None Hint 138. Mold disclosure applies to: one to four residential units every real estate transaction industrial property only single-family homes None Hint 139. An offer based on a $10,000 loan assumption was made and accepted. During escrow, it developed that the loan was for $9,000 not $10,000. the buyer must come up with $1,000 more in cash the seller must accept the buyer's note of $1,000 the buyer can void the contract the seller must reduce the price by $1,000 None Hint 140. An offer to perform in accordance with contractual obligations would be: consideration completion performance tender None Hint 141. Alec gives Betty an option to buy his farm for $50,000 within 30 days. Betty gives Alec $50 for this option. Alec notifies Betty 25 days later that he is withdrawing the option. Two days later Betty tenders the full option price to Alec for the farm. Alec must accept or he can be sued for damages or specific performance both b and c are true Alec must return the $50 to Betty Alec does not have to sell, as the option was properly canceled None Hint 142. A broker has a combination of a listing and an option. She exercises the option without disclosing that she has a buyer at a higher price. The broker: represented two parties without permission is not guilty of wrongdoing has made a secret profit is guilty of fraud None Hint 143. As to options, which of the following is true? none of these the optionee is entitled to the return of his or her consideration if the option is not exercised consideration does not actually have to change hands as long as the option says it has there is a fiduciary duty between the optionor and the optionee None 144. The essential elements of an enforceable contract are: competency, mutual consent, lawful object, consideration mutuality, written, competent parties, lawful object communicated, written, competent parties, lawful object express, consideration, mutuality, lawful object None Hint 145. Albert agrees to buy Boswell's "corner lot in Block 4 of College heights" for $30,000. Boswell thinks the sale is for Lot 18, but Albert thinks it is for Lot 32, which is another corner lot in the same block that is also owned by Boswell, there is no contract Albert has a chouce of Lot 18 or 32 Albert gets Lot 18 Albert gets Lot 32 None Hint 146. A $500 deposit is received on a $20,000 offer. The seller accepts with a six percent commission agreement. The buyer backs out before close of escrow. Assuming the CAR standard-form purchase contract was used, how much does the broker get if expenses were $130? $200 $250 $185 $500 None Hint 147. The lead paint information booklet must be given to buyer of one to four residential units constructed prior to: 1988 1992 1978 1980 None 148. A seller accepts an offer but changes the escrow period. The broker notifies the buyer of acceptance. the buyer must submit a counteroffer a bilateral contract has been made a unilateral contract has been made no contract has been made None Hint 149. Amy agreed to buy Bert's horse for $100. Bert agreed to sell it fo r$100. Bert delivered the horse to Amy and Amy paid Bert $100. This is an: executory bilateral contract executed unilateral contract executory unilateral contract executed bilateral contract None Hint 150. A property was used to manufacture methamphetamine. When must a purchaser be notified of this use? if a cleanup order was issued if there was any possibility of contamination if there is reasonable evidence of such use if the occupant was convicted of the manufacture None Hint