Học Thi Real Estate License ở California: Real Estate Contracts 1. The function of board arbitration is to: settle disputes between agents settle disputes regarding closing costs set standard closing costs for buyers and sellers none of these None 2. A prospective buyer signs an offer but refuses to give a deposit. Which of the following applies? inform the buyer that a deposit is required by law refuse to present the offer present the offer to the owner the offer as written cannot be accepted None Hint 3. Arbitration under the CAR purchase contract shall be in accordance with: none of these the rules of the American Arbitration Association the Real Estate Commissioner's regulations the Administrative Procedures Act None 4. An election of remedies would most likely appear in: a listing a purchase agreement escrow instructions a deed None Hint 5. 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 none of these is true Adam has placed his license in jeopardy Bernadine is entitled to a commission Adam is entitled to a commission None Hint 6. Which of the following may recorded? an exclusive agency listing an exclusive right to sell listing contracts of sale all of these None Hint 7. An option set forth in a lease would be a(n): restriction appurtenance covenant encumbrance None Hint 8. The provision in a deposit receipt calling for forfeiture by the buyer of a deposit is known as: none of these forteiture clause liquidated damages punitive damages None 9. A disclosure that warns a buyer that there may be additional financial obligations after close of escrow would concern the: title insurance notice industrial airport disclosure methamphetamine contamination notice supplemental tax bill disclosure None Hint 10. 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: secret profit violation of Article VII violation of Article VI violation of Article V None Hint 11. All four copies of a purchase agreement would most likely be signed by the: buyer and seller seller buyer buyer, seller, and broker None Hint 12. A listing that does not require a broker to use diligence in obtainning a purchaser is: illegal not an exclusive listing void a bilateral contract None Hint 13. 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: find another buyer tell the buyer to offer $20,000 and assume the second trust deed buy the trust deed himself inform the seller that the trust deed can be discounted None Hint 14. A listing cannot be terminated by the principal when: the listing as not expired both a and c the agent has an interest coupled with the agency the agent has not breached the agreement None 15. 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 16. Which of the following is an offer? a foreclosure a completed escrow a tender an option None Hint 17. The rate of commission for selling a business is determined by: Code of Commissions of the NAR real estate regulations the Real Estate Law the agreement between the broker and the owner None Hint 18. Megan's Law deals with: sex offenders water quality military ordnance waster disposal None Hint 19. The essential elements of an enforceable contract are: mutuality, written, competent parties, lawful object competency, mutual consent, lawful object, consideration communicated, written, competent parties, lawful object express, consideration, mutuality, lawful object None Hint 20. A husband signs a contract to sell community real estate without his wife's signature. The contract would be: illegal unenforceable void valid None Hint 21. The only provision an exlusive listing contains for terminaion is upon the owner giving two-hour notice to the broker. the broker is subject to disciplinary action there is nothing wrong with the broker's action the provision as to early notice has no effect the listing is a unilateral contract None Hint 22. 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 23. A real estate commission is normally based on the: selling price listing price owner's equity cash involved None Hint 24. The Alquist-Priolo Act deals with: toxic waste lead paint disclosure military ordnance locations special studies zones None Hint 25. An astute broker would least likely spend his or her advertising dollars on: newspaper ads on open listings radio advertising ads in the Yellow Pages billboards None Hint 26. Brokers earn their commissions: on close of escrow at the time that they list properties by finding buyers ready, willing, and able to buy none of these None Hint 27. A statement that commissions are negotiable need not be included in: both a and b neither a nor b a listing of a single-family home a listing of a five-unit apartment building None Hint 28. 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 29. On an exclusive listing, a broker can be disciplined for: both b and c failure to give a copy to the owner failure to include a definite termination date failure to attach a tax statement None 30. 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 $500 $185 $250 None Hint 31. 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 tell them not to buy if they must borrow caution the purchasers as to the danger of overextending themselves explain that real estate ownership is well worth a temporary hardship None 32. A broker takes a listing that does not include an authorization to take a deposit. the authorization is implied 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 None 33. 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. none of these is true the owner owes the broker half the commission no consent is ever needed the owner owes the broker a commission None Hint 34. A buyer of a common interest development is entited to receive all except: one-year buyer warranty homeowner Association bylaws homewner Association financial statement copies of the CC&Rs None 35. The broker who has most likely earned his or her commission has: any of these notified the buyer of the seller's acceptance received an offer on listed property received the seller's acceptance of the offer None Hint 36. An offer to perform in accordance with contractual obligations would be: completion performance tender consideration None Hint 37. Failure to perform as agreed under a contract is known as: illegal act novation damages breach None 38. 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 a net listing taking an option with a listing None Hint 39. 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 Jonas is not entitled to a commission because Harvey canceled the listing only Keith gets the commission Harvey is liable to Jonas and Keith for the commission None Hint 40. 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 not required to make the purchase Marlene would be obligated if Sean takes a $1,500 second trust deed both b and c are true Marlene is obligated to go through with the purchase, as the loan is in substantial agreement with the offer None Hint 41. A contract to sell real estate by a 17-year-old unemancipated girl is: enforceable illegal unenforceable valid None Hint 42. 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: both a and b Ralph does not have to pay John a commission neither a nor b John has placed his license in jeopardy None Hint 43. According to the CAR standard real estate purchase contract, if the seller fails to deliver title: none of these the buyer can terminate the buyer forfeits his or her deposit the broker is liable for damages None Hint 44. 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 the listing was property executed she was licensed at the time the commission was earned None Hint 45. The listing price is most likely: a low market value a high market value not related to market value an average market value None 46. 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 unilateral contract executed unilateral contract executed bilateral contract executory bilateral contract None Hint 47. An example of an illegal earnest money deposit would be: a personal check a promissonry note none of these cash None 48. 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 the salesperson the listing belongs to her previous broker the listing is terminated by the change None 49. A listing entered into on March 12, expiring at midnight on April 12, is for ___ days: 33 31 30 32 None Hint 50. 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 owner must pay a full commission to each of the brokers if the property is sold the brokers will split a commission five ways if any of them sell the property None Hint 51. 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 52. The lead paint information booklet must be given to buyer of one to four residential units constructed prior to: 1980 1992 1988 1978 None 53. 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 the broker is entitled to a commission, no matter who sells the property the broker has placed her license in jeopardy none of these is true None Hint 54. Which of the following would not have to be in writing to be enforceable? sale of a lot for $100 sale agreemet for a prize bull for $600 none of these sale of a residence None Hint 55. 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 Alec does not have to sell, as the option was properly canceled Alec must return the $50 to Betty both b and c are true None Hint 56. An option cannot be assigned: if the option period is over three months both a and b in any instance if purchase consideration is an unsecured note None Hint 57. An offer usually has to be accepted: none of these in writing within 10 days in the manner specified in the offer None 58. 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 property was to have government-assisted financing the property was one to four residential units the purchase were a disabled veteran the seller found another buyer for more money None Hint 59. 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: six percent of the sale price nothing the amount determined by the Commissioner 6 cents None Hint 60. 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: refuse to accept the second offer tell the other broker the property has been sold present both offers at the same time present both offers in the order None Hint 61. 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 seller should hold the deposit until the property is resold, when damages can be determined. the seller should sue for both actual and punitive damages the buyer is entitled to the return of his deposit None Hint 62. A buyer of a single-family home is entitled to certification that: both b and c windown security bars have been installed water heater is properly braced the home is in compliance with smoke detector laws None 63. 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 not guilty of wrongdoing represented two parties without permission is guilty of fraud has made a secret profit None Hint 64. 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 seller's approval in writing must obtain the approval of the Department of Real Estate must publish his intent for 30 days prior to exercising the option should forget it as he has violated his fiduciary duty None Hint 65. Enthusiasm of a licensee often results in painting an overly optimistic picture. This is known as: puffing misrepresentation coercion fraud None Hint 66. 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 has a chouce of Lot 18 or 32 Albert gets Lot 32 None Hint 67. 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 68. All of the following are natural hazards requiring disclosure except: earthquake fault zone area of potential flooding weather fire hazard None 69. A purchase contract signed because of duress is: voidable all of these illegal void None Hint 70. 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 okay the listing is illegal the existing loan is illegal None Hint 71. 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 novation specific performance compensatory damages None Hint 72. An option provides for a consideration of one dollar. The option is: void because of the inadequacy of the consideration none of these valid as long as the option stated a consideration valid if the consideration has been paid None Hint 73. A seller accepts an offer but changes the escrow period. The broker notifies the buyer of acceptance. a unilateral contract has been made the buyer must submit a counteroffer no contract has been made a bilateral contract has been made None Hint 74. A contract that allows a real estate agent to be an agent of all of the parties to a transaction would be a(n): open listing exchange agreement exclusive right to sell listing seller disclosure statement None 75. 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 selling broker for half commission owner for full commission None Hint 76. An option is a(n): voluntary lien offer to enter into a contract contract to keep an offer open fiduciary agreement None 77. 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 the sale was "as is" none of these the broker no one as "as is" is really notice of a problem None Hint 78. Negative fraud would be: fraud that was not acted upon unintentional fraudulent action fraud that results in harm to another nondisclosure None Hint 79. 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 buyer the broker determined by local custom the seller None 80. An owner refuses to convey property after signing her acceptance on a purchase contract. Specific performance can be enforced by: the purchaser neither a nor b either a or b the broker None Hint 81. 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: Elsie has placed her license in jeopardy Jones is entitled to the return of half of the commission Jones is entitled to the return of the entire commission paid none of the above None Hint 82. A buyer must be notified about a military ordnance location that may contain explosives if within ___mile(s) of the property. 5 1 8 2 None 83. 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 Angelo must pay Benita the commission the buyer owes the commission None Hint 84. 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 85. 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 inform the 40 sellers as to what happened and that all the listings belong to her tell the 40 sellers that she is taking over and that as far as they are concerned there is no change regenotiate the 40 listings None Hint 86. An ordinary exclusive right to sell listing in a broker's inventory is an: executed unilateral contract executory unilateral contract executed bilateral contract executory bilateral contract None Hint 87. 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: illegal void valid unenforceable None Hint 88. 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 $1,200 comission entitled to a $2,400 comission not entitled to a commission None Hint 89. 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 seller must reduce the price by $1,000 the seller must accept the buyer's note of $1,000 the buyer must come up with $1,000 more in cash the buyer can void the contract None Hint 90. Which of the following is true? valid contract can be an unenforceable contract a void contract can be enforced by one party only an illegal contract can be an enforceable contract "voidable" means "void unless validated" None Hint 91. Mutual consent is usually evidenced by: fraud duress offer and acceptance none of these None Hint 92. 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 Beryl Conrad Diana None Hint 93. 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 94. 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: void voidable by either party voidable valid None 95. To take a valid option on real property, which of the following is not required? valuable consideration transfer of consideration to the optionor a real estate license written agreement None Hint 96. 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): binding contract illegal contract void contract illusory contract None Hint 97. 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 98. The agreement between a broker and a salesperson as to commission splits would normally be: an implied contract an agency agreement none of these an express contract None Hint 99. Two brokers agree verbally to split a commission. The agreement is: enforceable void because of the Statute of Frauds voidable unenforceable None 100. All contracts require all of the following except: an offer and acceptance consideration a proper writing a legal purpose None Hint 101. 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 102. A buyer gives an offer to purchase on February 1, requiring acceptance within 10 days. the buyer cannot withdrawn prior to February 11 the buyer cannot withdrawn prior to February 12 none of these is true the buyer cannot withdrawn before February 10 None Hint 103. The instrument most likely to state that "time is of the essence" is a(n): open listing exclusive agency listing real estate purchase contract exclusive right to sell listing None 104. 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: void valid voidable at April's option voidable at April's or Byron's option None Hint 105. Mold disclosure applies to: every real estate transaction industrial property only single-family homes one to four residential units None Hint 106. 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 107. A verbal agreement to sell real estate would be enforceable where: 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 the purechase price is less than $500 None Hint 108. Antonio enters into a contract with Bess through the chicanery of a broker who induced the contract through fraud. The contract is: valid unenforceable voidable void None Hint 109. All of the following are essential elements of a contract except: performance an offfer acceptance consideration None Hint 110. 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 is bound because the offer is irrevocable Anita may revoke and revocer her deposit Anita may revoke but is liable for the commission None Hint 111. Unknown to the seller, the buyer dies 10 minutes before the selelr accepts the purchase offer. The contract is: voidable illegal unenforceable valid None Hint 112. 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: nothing half of her commission her full commission her expenses None Hint 113. 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 half of the commission Edwin is liable for the commission the owner is liable for full commission the owner is not liable for any commission None Hint 114. Which of these contracts must be in writing in accordance with the Statute of Frauds? the sale of growing crops a contract that is not to be performed for 13 months all of these a lease for one year None Hint 115. 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 owes Bob a commission Ashley's cousin has placed his license in jeopardy Ashley does not have to pay Bob None Hint 116. 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 117. 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 owner give it to the broker None 118. Losing a right due to failure to assert it in a timely fashion is called: subrogation dereliction satisfaction laches None 119. Which of the following may be recorded? an open listing an exclusive right to sell listing an option none of these None Hint 120. 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 the first one who signs give one copy to any of the owners get them to sign at the same time give a copy to each when he or she signs None 121. As to an option, which of the following is true? the optionor must exercise it none of these the optionee must exercise it it is illegal if the option price is not money None Hint 122. After agreeing verbally to split a commission with a selling broker, the listing broker now refuses to do so. The selling broker should: none of these-the agreement was verbal notify the state labor commissioner sue the listing broker contact the Real Estate Commission None 123. A minor cannot: any of these contract for purchase of personal property appoint an agent pay income taxes None Hint 124. 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 agent only the buyer as the offer was not accepted the owner as her agent took the money the recovery fund None Hint 125. A real estate purchase contract is: a unilateral contract a bilateral contract an agency none of these None Hint 126. If a buyer wishes to give a promissory note as a deposit with an offer: none of these the broker cannot accept without the owner's permission the broker can never accept a note the broker can accept the note but must inform the principal that the deposit is in the form of a note None 127. 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 liable for costs incurred liable for the broker's commission none of these None Hint 128. The authority of the broker to accept a deposit is provided for in the: deposit receipt escrow instructions listing all of these None 129. 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 it must include a deposit none of these None 130. The buyer would sign a receipt for a booklet dealing with: unhealthy air nonconforming use "as is" sale condition environmental hazards None 131. The broker's agreement to use diligence in finding a purchaser: none of these makes the listing a bilateral contract makes the listing revocable by the owner makes the listing a unilateral contract None Hint 132. Payment of a commission orally agreed to without subsequent written ratification is: both a and b legal contrary to real estate rules and regurations illegal None Hint 133. Coercion and duress are applied to one party in a contract. The contract is: voidable illegal void unenforceable None Hint 134. 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 135. 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. because it was a secret profit, Ray will prevail Ray is liable to both Sherman and his buyer Ray has no valid claim against Sherman's profit Sherman can obtain specific performance but no money damanges None Hint 136. 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 and the broker the broker the seller none of these, because of caveat empor None Hint 137. In taking a listing it is proper for the broker to: ascertain the seller's reason for listing accept the listing at whatever price the owner wants 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 138. As to options, which of the following is true? 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 none of these the optionee is entitled to the return of his or her consideration if the option is not exercised None 139. 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: return the offer to the buyer inform the buyer that a deposit is required by law present the offer use trust funds to make up a deposit None Hint 140. Clark leases Francine's store under an oral, one-year lease. After three months occupancy, Clark finds a less expensive rental. 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 is liable on the entire lease because the lease was not in writing, Clark can get out of it immediately Clark must give notice, as in periodic tenancy None Hint 141. 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 none of these is true the agreement is binding on the estates of both Bridge and Carl None Hint 142. 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 as joint tenants Wilma Smith Don and Wilma Smith Don an Wilma Smith, husband and wife None 143. The listing offering the greatest chance for the listing broker to earn a commission is a(n): net listing open listing exclusive agency listing exclusive right to sell listing None 144. 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 death or insanity of the offeror or offeree, regardless of the notice thereof failure to accept the offer within a prescribed period a conditional acceptance of the offer by the offeree None Hint 145. A broker sold a home under an oral listing and was paid a commission. As to this: the sale is voidable the compensation must be returned none of these the broker has placed her license in jeopardy None Hint 146. 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 the owner is liable to Bart only the owner is liable to Alice for a commission Alice is liable to Bart for his commission None 147. Optionor best describes a(n): owner broker lender prospecive buyer None Hint 148. 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. both a and b are true the broker is entitled to her commission neither a nor b is true the broker has not done anything wrong None Hint 149. An offer would be terminated by: revocation by the offeree rejection by the offeror rejection by the offeree a request for an extension by the offeree None Hint 150. The seller defaults on an executed purchase contract. The broker is: entitled to a commission on default not entitled to a commission entitled to a commission only on close of escrow entitled to half of the deposit after expenses None Hint