Học Thi Real Estate License ở California: Real Estate Contracts 1. Failure to perform as agreed under a contract is known as: novation damages breach illegal act None 2. The listing offering the greatest chance for the listing broker to earn a commission is a(n): exclusive right to sell listing open listing exclusive agency listing net listing None 3. A statement that commissions are negotiable need not be included in: a listing of a five-unit apartment building both a and b neither a nor b a listing of a single-family home None Hint 4. 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 was not entitled to list with keith because the other listing had not expired Harvey is liable to Jonas and Keith for the commission Jonas is not entitled to a commission because Harvey canceled the listing only Keith gets the commission None Hint 5. 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: void valid unenforceable illegal None Hint 6. A buyer must be notified about a military ordnance location that may contain explosives if within ___mile(s) of the property. 1 8 2 5 None 7. The only provision an exlusive listing contains for terminaion is upon the owner giving two-hour notice to the broker. the listing is a unilateral contract there is nothing wrong with the broker's action the provision as to early notice has no effect the broker is subject to disciplinary action None Hint 8. 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: inform the seller that the trust deed can be discounted buy the trust deed himself tell the buyer to offer $20,000 and assume the second trust deed find another buyer None Hint 9. All contracts require all of the following except: an offer and acceptance a legal purpose a proper writing consideration None Hint 10. 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 11. 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: leave the $1,200 in escrow ask the local real estate board to arbitrate keep the $1,200 as her commission return the $1,200 to the buyer None Hint 12. 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 13. A listing that does not require a broker to use diligence in obtainning a purchaser is: void not an exclusive listing illegal a bilateral contract None Hint 14. A listing cannot be terminated by the principal when: the agent has not breached the agreement the listing as not expired the agent has an interest coupled with the agency both a and c None 15. An offer to perform in accordance with contractual obligations would be: performance consideration tender completion None Hint 16. 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 nothing six percent of the sale price the amount determined by the Commissioner None Hint 17. An option is a(n): offer to enter into a contract contract to keep an offer open fiduciary agreement voluntary lien None 18. A property was used to manufacture methamphetamine. When must a purchaser be notified of this use? if the occupant was convicted of the manufacture if there is reasonable evidence of such use if a cleanup order was issued if there was any possibility of contamination None Hint 19. Abby, a broker, has a listing from Bruce, who has been declared insane, unknown to Abby, who acted in good faith. The listing is: voidable illegal all of these. void None 20. After agreeing verbally to split a commission with a selling broker, the listing broker now refuses to do so. The selling broker should: notify the state labor commissioner contact the Real Estate Commission none of these-the agreement was verbal sue the listing broker None 21. A real estate commission is normally based on the: owner's equity listing price cash involved selling price None Hint 22. On an exclusive listing, a broker can be disciplined for: failure to include a definite termination date failure to give a copy to the owner failure to attach a tax statement both b and c None 23. The provision in a deposit receipt calling for forfeiture by the buyer of a deposit is known as: liquidated damages punitive damages none of these forteiture clause None 24. After an offer is accepted, the seller dies. The seller's wife inherits the property. the wife can be forced to sell none of these is true the offer is terminated the offer is voidable None Hint 25. A buyer gives an offer to purchase on February 1, requiring acceptance within 10 days. none of these is true the buyer cannot withdrawn prior to February 11 the buyer cannot withdrawn prior to February 12 the buyer cannot withdrawn before February 10 None Hint 26. 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: tell the other broker the property has been sold present both offers at the same time present both offers in the order refuse to accept the second offer None Hint 27. 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 existing loan is illegal the listing is okay the listing is illegal None Hint 28. An owner signs open listings on a parcel of land with five different brokers. 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 each broker has an opportunity to earn the entire commission None Hint 29. In taking a listing it is proper for the broker to: accept the listing at whatever price the owner wants ascertain the seller's reason for listing 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 None 30. The authority of the broker to accept a deposit is provided for in the: deposit receipt escrow instructions all of these listing None 31. An example of an illegal earnest money deposit would be: cash none of these a personal check a promissonry note None 32. According to the CAR standard real estate purchase contract, if the seller fails to deliver title: the buyer forfeits his or her deposit the buyer can terminate the broker is liable for damages none of these None Hint 33. Two brokers agree verbally to split a commission. The agreement is: void because of the Statute of Frauds enforceable unenforceable voidable None 34. Coercion and duress are applied to one party in a contract. The contract is: illegal voidable unenforceable void None Hint 35. 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: none of the above Jones is entitled to the return of half of the commission Jones is entitled to the return of the entire commission paid Elsie has placed her license in jeopardy None Hint 36. Optionor best describes a(n): prospecive buyer broker lender owner None Hint 37. 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 an Wilma Smith, husband and wife Wilma Smith Don and Wilma Smith Don and Wilma Smith as joint tenants None 38. The lead paint information booklet must be given to buyer of one to four residential units constructed prior to: 1980 1978 1988 1992 None 39. 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 must be reaffirmed by new offers the listing remains in full effect the listing is terminated automatically None Hint 40. 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. the agreement is binding on the estates of both Bridge and Carl the agency and executory contract were canceled by death Alan has earned his commission, but the deal cannot be completed. none of these is true None Hint 41. Mutual consent is usually evidenced by: offer and acceptance fraud none of these duress None Hint 42. An option set forth in a lease would be a(n): restriction covenant appurtenance encumbrance None Hint 43. 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 the administrator is liable for the commission the estate is liable for the commission none of these is true None Hint 44. The seller defaults on an executed purchase contract. The broker is: not entitled to a commission entitled to half of the deposit after expenses entitled to a commission on default entitled to a commission only on close of escrow None Hint 45. A verbal agreement to sell real estate would be enforceable where: the buyer takes possession, makes a down payment, and improves the property the purechase price is less than $500 it involves unimproved land the parties swear to the agreement on a Bible None Hint 46. 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 would be obligated if Sean takes a $1,500 second trust deed Marlene is obligated to go through with the purchase, as the loan is in substantial agreement with the offer Marlene is not required to make the purchase both b and c are true None Hint 47. A seller accepts an offer but changes the escrow period. The broker notifies the buyer of acceptance. a unilateral contract has been made a bilateral contract has been made the buyer must submit a counteroffer no contract has been made None Hint 48. 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 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 Clark must give notice, as in periodic tenancy Clark is liable on the entire lease None Hint 49. An owner refuses to convey property after signing her acceptance on a purchase contract. Specific performance can be enforced by: either a or b the broker neither a nor b the purchaser None Hint 50. To take a valid option on real property, which of the following is not required? valuable consideration a real estate license transfer of consideration to the optionor written agreement None Hint 51. 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 take it out of his commission give it to the broker give it to the owner None 52. 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. the owner is liable for full commission the owner is not liable for any commission Edwin is liable for the commission the owner is liable for half of the commission None Hint 53. Which of the following is an offer? a tender a foreclosure an option a completed escrow None Hint 54. 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: determined by local custom the seller the buyer the broker None 55. 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 seller found another buyer for more money the property was to have government-assisted financing the property was one to four residential units the purchase were a disabled veteran None Hint 56. Which of these contracts must be in writing in accordance with the Statute of Frauds? all of these a contract that is not to be performed for 13 months the sale of growing crops a lease for one year None Hint 57. A contract to sell real estate by a 17-year-old unemancipated girl is: enforceable unenforceable valid illegal None Hint 58. An astute broker would least likely spend his or her advertising dollars on: billboards radio advertising ads in the Yellow Pages newspaper ads on open listings None Hint 59. Unknown to the seller, the buyer dies 10 minutes before the selelr accepts the purchase offer. The contract is: illegal unenforceable voidable valid None Hint 60. The rate of commission for selling a business is determined by: real estate regulations the Real Estate Law the agreement between the broker and the owner Code of Commissions of the NAR None Hint 61. Mold disclosure applies to: only single-family homes one to four residential units every real estate transaction industrial property None Hint 62. 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. both b and c are true Alec must accept or he can be sued for damages or specific performance Alec must return the $50 to Betty Alec does not have to sell, as the option was properly canceled None Hint 63. 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 broker was the procuring cause of the sale the parties agreed to the sale before the listing expired she was licensed at the time the commission was earned the listing was property executed None Hint 64. 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 open listing seller disclosure statement exchange agreement None 65. An offer would be terminated by: a request for an extension by the offeree rejection by the offeror revocation by the offeree rejection by the offeree None Hint 66. 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: no one as "as is" is really notice of a problem none of these no one as the sale was "as is" the broker None Hint 67. An election of remedies would most likely appear in: a listing a deed a purchase agreement escrow instructions None Hint 68. 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 Adam has placed his license in jeopardy Adam is entitled to a commission none of these is true Bernadine is entitled to a commission None Hint 69. All four copies of a purchase agreement would most likely be signed by the: buyer seller buyer, seller, and broker buyer and seller None Hint 70. 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 buyer as the offer was not accepted the agent only the owner as her agent took the money None Hint 71. The broker's agreement to use diligence in finding a purchaser: makes the listing a bilateral contract makes the listing revocable by the owner makes the listing a unilateral contract none of these None Hint 72. 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 if it was a charitable gift, she cannot get it back she can get the land back all of these are true None Hint 73. A broker sold a home under an oral listing and was paid a commission. As to this: the compensation must be returned the sale is voidable the broker has placed her license in jeopardy none of these None Hint 74. 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: should forget it as he has violated his fiduciary duty must obtain the approval of the Department of Real Estate must publish his intent for 30 days prior to exercising the option must obtain the seller's approval in writing None Hint 75. Enthusiasm of a licensee often results in painting an overly optimistic picture. This is known as: coercion fraud misrepresentation puffing None Hint 76. 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 77. As to an option, which of the following is true? none of these the optionee must exercise it it is illegal if the option price is not money the optionor must exercise it None Hint 78. A buyer of a common interest development is entited to receive all except: homewner Association financial statement copies of the CC&Rs homeowner Association bylaws one-year buyer warranty None 79. 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 $2,400 comission entitled to a $1,200 comission not entitled to a commission entitled to a $900 commission None Hint 80. 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 81. 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: neither a nor b both a and b Ralph does not have to pay John a commission John has placed his license in jeopardy None Hint 82. Negative fraud would be: fraud that was not acted upon nondisclosure unintentional fraudulent action fraud that results in harm to another None Hint 83. An offer usually has to be accepted: within 10 days in writing none of these in the manner specified in the offer None 84. The instrument most likely to state that "time is of the essence" is a(n): exclusive agency listing open listing real estate purchase contract exclusive right to sell listing None 85. A prospective buyer signs an offer but refuses to give a deposit. Which of the following applies? present the offer to the owner refuse to present the offer the offer as written cannot be accepted inform the buyer that a deposit is required by law None Hint 86. The Alquist-Priolo Act deals with: military ordnance locations special studies zones lead paint disclosure toxic waste None Hint 87. 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: novation compensatory damages specific performance rescission None Hint 88. As to contracts, which of the following is true? 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 printed text takes precedence over typed text printed and handwritten notations carry the same weight and the court decides the meaning None Hint 89. Which of the following would not have to be in writing to be enforceable? sale of a residence sale of a lot for $100 none of these sale agreemet for a prize bull for $600 None Hint 90. 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 full commission her expenses half of her commission nothing None Hint 91. Losing a right due to failure to assert it in a timely fashion is called: satisfaction dereliction laches subrogation None 92. 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: the seller none of these, because of caveat empor the seller and the broker the broker None Hint 93. A listing entered into on March 12, expiring at midnight on April 12, is for ___ days: 33 32 31 30 None Hint 94. 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: is guilty of fraud represented two parties without permission has made a secret profit is not guilty of wrongdoing None Hint 95. 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 96. 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: executed bilateral contract executory bilateral contract executory unilateral contract executed unilateral contract None Hint 97. 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: present the offer return the offer to the buyer inform the buyer that a deposit is required by law use trust funds to make up a deposit None Hint 98. All of the following are essential elements of a contract except: acceptance an offfer performance consideration None Hint 99. 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 has placed his license in jeopardy Ashley owes Bob a commission Ashley's cousin must split his commission with Bob Ashley does not have to pay Bob None Hint 100. All of the following are ways by which an offer to purchase real estate would be terminated, except: death or insanity of the offeror or offeree, regardless of the notice thereof a conditional acceptance of the offer by the offeree failure to communicate notice of revocation before the other party has communicated acceptance failure to accept the offer within a prescribed period None Hint 101. Arbitration under the CAR purchase contract shall be in accordance with: none of these the Administrative Procedures Act the rules of the American Arbitration Association the Real Estate Commissioner's regulations None 102. A real estate purchase contract is: a unilateral contract a bilateral contract an agency none of these None Hint 103. 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 binding contract illusory contract illegal contract None Hint 104. A purchase contract signed because of duress is: all of these void voidable illegal None Hint 105. 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 void voidable at April's or Byron's option valid None Hint 106. Which of the following may recorded? an exclusive right to sell listing an exclusive agency listing all of these contracts of sale None Hint 107. A salesperson obtains a listing on her broker's house. Immediately thereafter, she changes brokers. the listing belongs to her new broker the listing belongs to her previous broker the listing belongs to the salesperson the listing is terminated by the change None 108. 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. Ray has no valid claim against Sherman's profit because it was a secret profit, Ray will prevail Sherman can obtain specific performance but no money damanges Ray is liable to both Sherman and his buyer None Hint 109. The function of board arbitration is to: settle disputes regarding closing costs set standard closing costs for buyers and sellers none of these settle disputes between agents None 110. The agreement between a broker and a salesperson as to commission splits would normally be: none of these an express contract an agency agreement an implied contract None Hint 111. Megan's Law deals with: waster disposal military ordnance water quality sex offenders None Hint 112. A disclosure that warns a buyer that there may be additional financial obligations after close of escrow would concern the: supplemental tax bill disclosure methamphetamine contamination notice title insurance notice industrial airport disclosure None Hint 113. 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 114. A broker is least likely not to get in trouble by: failing to put a termination date in an open listing forgetting to give a copy of an exclusive listing to the person signing it taking an option with a listing taking a net listing None Hint 115. 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 must accept the offer the broker has violated his agency the owner does not have to accept the owner can refuse the offer without penalty None Hint 116. On a dwelling having four units, one of which the buyer intends to occuy as a residence, liquidated damages cannot exceed: actual expenses none of these the amount of the sales commission three percent of the sale price None 117. 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: caution the purchasers as to the danger of overextending themselves point out the appreciation advantages of real estate tell them not to buy if they must borrow explain that real estate ownership is well worth a temporary hardship None 118. 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: voidable by either party valid voidable void None 119. The essential elements of an enforceable contract are: express, consideration, mutuality, lawful object competency, mutual consent, lawful object, consideration mutuality, written, competent parties, lawful object communicated, written, competent parties, lawful object None Hint 120. As to options, which of the following is true? none of these there is a fiduciary duty between the optionor and the optionee consideration does not actually have to change hands as long as the option says it has the optionee is entitled to the return of his or her consideration if the option is not exercised None 121. Payment of a commission orally agreed to without subsequent written ratification is: illegal contrary to real estate rules and regurations legal both a and b None Hint 122. A minor cannot: contract for purchase of personal property pay income taxes any of these appoint an agent None Hint 123. A buyer defaults on a purchase contract. The seller notifies the buyer that he has elected to rescind their agreement. Under these circumstances: the seller may retain the deposit as liquidated damages the buyer is entitled to the return of his deposit 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 124. All of the following are natural hazards requiring disclosure except: earthquake fault zone area of potential flooding fire hazard weather None 125. Escrow is unable to close because the seller cannot deliver marketable title. The buyer can get his deposit back but is: liable for one-half of the escrow costs none of these liable for costs incurred liable for the broker's commission None Hint 126. 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 is bound because the offer is irrevocable Anita may revoke but is liable for the commission None Hint 127. Which of the following may be recorded? an exclusive right to sell listing none of these an open listing an option None Hint 128. 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: give a copy to each when he or she signs give one copy to any of the owners give a copy to the first one who signs get them to sign at the same time None 129. 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 entitled to a commission based on the selling price the broker is entitled to a commission based on the listing price the amount of the commission would be decided by the Real Estate Commission the broker is not entitled to any commission None Hint 130. 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. Bart is not entitled to any reimbursement Alice is liable to Bart for his commission the owner is liable to Alice for a commission the owner is liable to Bart only None 131. Antonio enters into a contract with Bess through the chicanery of a broker who induced the contract through fraud. The contract is: valid void voidable unenforceable None Hint 132. 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 V secret profit violation of Article VII violation of Article VI None Hint 133. 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: owner for half commission selling broker for full commission owner for full commission selling broker for half commission None Hint 134. The broker who has most likely earned his or her commission has: notified the buyer of the seller's acceptance any of these received the seller's acceptance of the offer received an offer on listed property None Hint 135. The buyer would sign a receipt for a booklet dealing with: environmental hazards "as is" sale condition nonconforming use unhealthy air None 136. Which of the following is true? an illegal contract can be an enforceable contract valid contract can be an unenforceable contract a void contract can be enforced by one party only "voidable" means "void unless validated" None Hint 137. A broker informs an owner that a listing is really an open listing, when in fact it is an exclusive agency listing. the doctrine of caveat emptor prevails none of these is true the broker has placed her license in jeopardy the broker is entitled to a commission, no matter who sells the property None Hint 138. An option provides for a consideration of one dollar. The option is: valid if the consideration has been paid none of these valid as long as the option stated a consideration void because of the inadequacy of the consideration None Hint 139. An ordinary exclusive right to sell listing in a broker's inventory is an: executed bilateral contract executory unilateral contract executed unilateral contract executory bilateral contract None Hint 140. 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 escrow mus pay the commission to Benita Benita is not legally entitled to a commission the buyer owes the commission Angelo must pay Benita the commission None Hint 141. The listing price is most likely: not related to market value a high market value an average market value a low market value None 142. Brokers earn their commissions: on close of escrow none of these by finding buyers ready, willing, and able to buy at the time that they list properties None Hint 143. A broker takes a listing that does not include an authorization to take a deposit. none of these is true if the broker takes a deposit, he does so as the agent of the buyer the broker cannot take a deposit the authorization is implied None 144. An option cannot be assigned: both a and b if the option period is over three months in any instance if purchase consideration is an unsecured note None Hint 145. 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 $500 $185 None Hint 146. A husband signs a contract to sell community real estate without his wife's signature. The contract would be: unenforceable illegal valid void None Hint 147. As to an offer to purchase, which of the following is true? the broker has the option of submitting the offer it must include a deposit structural inspection and clearance is required none of these None 148. Waiver differs from rescission in that waiver: modifies the contract to read as it was intended to read puts the parties back to where they were requires cessation of an action leaves the parties as they are None Hint 149. If a buyer wishes to give a promissory note as a deposit with an offer: none of these 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 the broker cannot accept without the owner's permission None 150. 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 gets Lot 18 Albert gets Lot 32 Albert has a chouce of Lot 18 or 32 None Hint