Học Thi Real Estate License ở California: Real Estate Contracts 1. 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 2. 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 3. On an exclusive listing, a broker can be disciplined for: failure to give a copy to the owner failure to include a definite termination date both b and c failure to attach a tax statement None 4. Arbitration under the CAR purchase contract shall be in accordance with: none of these the Real Estate Commissioner's regulations the Administrative Procedures Act the rules of the American Arbitration Association None 5. The seller defaults on an executed purchase contract. The broker is: entitled to a commission only on close of escrow not entitled to a commission entitled to a commission on default entitled to half of the deposit after expenses None Hint 6. A listing that does not require a broker to use diligence in obtainning a purchaser is: illegal void a bilateral contract not an exclusive listing None Hint 7. Payment of a commission orally agreed to without subsequent written ratification is: legal both a and b contrary to real estate rules and regurations illegal None Hint 8. All four copies of a purchase agreement would most likely be signed by the: buyer buyer and seller buyer, seller, and broker seller None Hint 9. 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 John has placed his license in jeopardy Ralph does not have to pay John a commission both a and b None Hint 10. An option provides for a consideration of one dollar. The option is: none of these valid if the consideration has been paid valid as long as the option stated a consideration void because of the inadequacy of the consideration None Hint 11. Negative fraud would be: fraud that was not acted upon fraud that results in harm to another unintentional fraudulent action nondisclosure None Hint 12. Enthusiasm of a licensee often results in painting an overly optimistic picture. This is known as: misrepresentation puffing coercion fraud None Hint 13. 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 refuse to accept the second offer present both offers in the order tell the other broker the property has been sold None Hint 14. Mutual consent is usually evidenced by: none of these offer and acceptance fraud duress None Hint 15. 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 accept the listing at whatever price the owner wants ascertain the seller's reason for listing raise the owner's asking price to include the commission None 16. 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 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. 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 administrator is liable for the commission the estate is liable for the commission None Hint 19. 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 20. The authority of the broker to accept a deposit is provided for in the: deposit receipt escrow instructions all of these listing None 21. 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 22. A listing dated June 1995 states "cash and assume a loan at ____ percent interest per annum with balance due in December 2010." the listing is illegal the salesperson who wrote it is subject to discipline the listing is okay the existing loan is illegal None Hint 23. Optionor best describes a(n): lender owner prospecive buyer broker None Hint 24. Coercion and duress are applied to one party in a contract. The contract is: void voidable unenforceable illegal None Hint 25. An offer usually has to be accepted: none of these in writing within 10 days in the manner specified in the offer None 26. A minor cannot: appoint an agent any of these pay income taxes contract for purchase of personal property None Hint 27. 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 and revocer her deposit Anita may revoke but will forfeit her deposit Anita may revoke but is liable for the commission Anita is bound because the offer is irrevocable None Hint 28. The instrument most likely to state that "time is of the essence" is a(n): real estate purchase contract exclusive right to sell listing open listing exclusive agency listing None 29. 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: has made a secret profit is guilty of fraud is not guilty of wrongdoing represented two parties without permission None Hint 30. The buyer would sign a receipt for a booklet dealing with: nonconforming use environmental hazards "as is" sale condition unhealthy air None 31. 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 find another buyer buy the trust deed himself inform the seller that the trust deed can be discounted None Hint 32. As to an offer to purchase, which of the following is true? structural inspection and clearance is required it must include a deposit the broker has the option of submitting the offer none of these None 33. A seller accepts an offer but changes the escrow period. The broker notifies the buyer of acceptance. the buyer must submit a counteroffer a unilateral contract has been made a bilateral contract has been made no contract has been made None Hint 34. 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 Don and Wilma Smith as joint tenants Wilma Smith Don and Wilma Smith None 35. All of the following are essential elements of a contract except: consideration performance an offfer acceptance None Hint 36. 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). Angelo must pay Benita the commission Benita is not legally entitled to a commission the buyer owes the commission the escrow mus pay the commission to Benita None Hint 37. 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 the broker no one as the sale was "as is" None Hint 38. 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 void all of these. None 39. 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 costs incurred liable for one-half of the escrow costs None Hint 40. 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 41. A real estate commission is normally based on the: selling price listing price owner's equity cash involved None Hint 42. Sandra, a broker, had 40 hours listed when she passed away. Her daughter, also a broker, inherits the business. She must: inform the 40 sellers as to what happened and that all the listings belong to her regenotiate the 40 listings 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 None Hint 43. 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 Edwin is liable for the commission the owner is not liable for any commission the owner is liable for half of the commission None Hint 44. 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. the owner is liable to Bart only Bart is not entitled to any reimbursement Alice is liable to Bart for his commission the owner is liable to Alice for a commission None 45. 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 46. Which of these contracts must be in writing in accordance with the Statute of Frauds? a contract that is not to be performed for 13 months a lease for one year all of these the sale of growing crops None Hint 47. 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 half of her commission her full commission nothing None Hint 48. Unknown to the seller, the buyer dies 10 minutes before the selelr accepts the purchase offer. The contract is: voidable valid unenforceable illegal None Hint 49. 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 forgetting to give a copy of an exclusive listing to the person signing it taking an option with a listing None Hint 50. 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 neither a nor b is true the broker has not done anything wrong both a and b are true None Hint 51. A prospective buyer signs an offer but refuses to give a deposit. Which of the following applies? the offer as written cannot be accepted refuse to present the offer present the offer to the owner inform the buyer that a deposit is required by law None Hint 52. 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 the purchaser either a or b None Hint 53. A buyer of a single-family home is entitled to certification that: both b and c the home is in compliance with smoke detector laws windown security bars have been installed water heater is properly braced None 54. 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, Albert gets Lot 18 Albert gets Lot 32 Albert has a chouce of Lot 18 or 32 there is no contract None Hint 55. 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 56. 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 failure to accept the offer within a prescribed period failure to communicate notice of revocation before the other party has communicated acceptance a conditional acceptance of the offer by the offeree None Hint 57. Which of the following is true? "voidable" means "void unless validated" an illegal contract can be an enforceable contract a void contract can be enforced by one party only valid contract can be an unenforceable contract None Hint 58. 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 59. A verbal agreement to sell real estate would be enforceable where: the purechase price is less than $500 it involves unimproved land the parties swear to the agreement on a Bible the buyer takes possession, makes a down payment, and improves the property None Hint 60. 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 none of these is true the broker has placed her license in jeopardy None Hint 61. 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 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 None Hint 62. A buyer of a common interest development is entited to receive all except: homeowner Association bylaws homewner Association financial statement one-year buyer warranty copies of the CC&Rs None 63. 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 publish his intent for 30 days prior to exercising the option must obtain the seller's approval in writing must obtain the approval of the Department of Real Estate None Hint 64. 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: inform the buyer that a deposit is required by law use trust funds to make up a deposit return the offer to the buyer present the offer None Hint 65. 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: take it out of his commission give it to the owner file an interpleader action give it to the broker None 66. 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 illusory contract void contract illegal contract None Hint 67. The Alquist-Priolo Act deals with: toxic waste lead paint disclosure military ordnance locations special studies zones None Hint 68. Mold disclosure applies to: industrial property only single-family homes every real estate transaction one to four residential units None Hint 69. Two brokers agree verbally to split a commission. The agreement is: void because of the Statute of Frauds unenforceable enforceable voidable None 70. 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 is liable to both Sherman and his buyer Ray has no valid claim against Sherman's profit because it was a secret profit, Ray will prevail None Hint 71. A listing entered into on March 12, expiring at midnight on April 12, is for ___ days: 33 32 30 31 None Hint 72. 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 73. The provision in a deposit receipt calling for forfeiture by the buyer of a deposit is known as: punitive damages liquidated damages none of these forteiture clause None 74. Which of the following is an offer? a tender a foreclosure a completed escrow an option None Hint 75. 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 agency and executory contract were canceled by death Alan has earned his commission, but the deal cannot be completed. none of these is true the agreement is binding on the estates of both Bridge and Carl None Hint 76. The lead paint information booklet must be given to buyer of one to four residential units constructed prior to: 1978 1980 1988 1992 None 77. All contracts require all of the following except: a proper writing a legal purpose consideration an offer and acceptance None Hint 78. 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 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 the brokers will split a commission five ways if any of them sell the property None Hint 79. A contract to sell real estate by a 17-year-old unemancipated girl is: illegal valid unenforceable enforceable None Hint 80. 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 81. 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 contact the Real Estate Commission sue the listing broker notify the state labor commissioner None 82. 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: 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 point out the appreciation advantages of real estate None 83. 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. the owner owes the broker a commission no consent is ever needed the owner owes the broker half the commission none of these is true None Hint 84. A buyer gives an offer to purchase on February 1, requiring acceptance within 10 days. the buyer cannot withdrawn before February 10 the buyer cannot withdrawn prior to February 11 the buyer cannot withdrawn prior to February 12 none of these is true None Hint 85. 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. if it was a charitable gift, she cannot get it back all of these are true she can get the land back she must pay the church the value of the structure None Hint 86. An example of an illegal earnest money deposit would be: a personal check cash a promissonry note none of these None 87. Which of the following may recorded? an exclusive agency listing contracts of sale an exclusive right to sell listing all of these None Hint 88. The listing price is most likely: a low market value an average market value a high market value not related to market value None 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 buyer can void the contract the seller must accept the buyer's note of $1,000 the buyer must come up with $1,000 more in cash the seller must reduce the price by $1,000 None Hint 90. 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 none of these actual expenses the amount of the sales commission None 91. After an offer is accepted, the seller dies. The seller's wife inherits the property. the offer is voidable none of these is true the offer is terminated the wife can be forced to sell None Hint 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 the broker none of these, because of caveat empor the seller and the broker None Hint 93. 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 full commission owner for half commission owner for full commission selling broker for half commission None Hint 94. An astute broker would least likely spend his or her advertising dollars on: billboards ads in the Yellow Pages newspaper ads on open listings radio advertising None Hint 95. 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 can refuse the offer without penalty the owner must accept the offer the owner does not have to accept the broker has violated his agency None Hint 96. Waiver differs from rescission in that waiver: leaves the parties as they are modifies the contract to read as it was intended to read requires cessation of an action puts the parties back to where they were None Hint 97. Brokers earn their commissions: by finding buyers ready, willing, and able to buy none of these at the time that they list properties on close of escrow None Hint 98. A husband signs a contract to sell community real estate without his wife's signature. The contract would be: void valid illegal unenforceable None Hint 99. 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 get them to sign at the same time give a copy to each when he or she signs give one copy to any of the owners None 100. An offer would be terminated by: a request for an extension by the offeree rejection by the offeree revocation by the offeree rejection by the offeror None Hint 101. An ordinary exclusive right to sell listing in a broker's inventory is an: executed bilateral contract executory bilateral contract executed unilateral contract executory unilateral contract None Hint 102. 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 103. 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: compensatory damages rescission novation specific performance None Hint 104. The function of board arbitration is to: settle disputes between agents none of these set standard closing costs for buyers and sellers settle disputes regarding closing costs None 105. A broker sold a home under an oral listing and was paid a commission. As to this: the compensation must be returned none of these the sale is voidable the broker has placed her license in jeopardy None Hint 106. 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 must be reaffirmed by new offers the listing remains in full effect None Hint 107. 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 unilateral contract executed unilateral contract executory bilateral contract None Hint 108. An offer to perform in accordance with contractual obligations would be: consideration tender performance completion None Hint 109. 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 unenforceable void illegal None Hint 110. 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 the amount determined by the Commissioner six percent of the sale price None Hint 111. 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 buyer determined by local custom the seller None 112. The listing offering the greatest chance for the listing broker to earn a commission is a(n): exclusive right to sell listing net listing open listing exclusive agency listing None 113. Megan's Law deals with: sex offenders waster disposal military ordnance water quality None Hint 114. An option is a(n): voluntary lien fiduciary agreement contract to keep an offer open offer to enter into a contract None 115. A listing cannot be terminated by the principal when: both a and c the agent has not breached the agreement the listing as not expired the agent has an interest coupled with the agency None 116. Which of the following may be recorded? an open listing an option none of these an exclusive right to sell listing None Hint 117. 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. 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 Marlene is not required to make the purchase Marlene would be obligated if Sean takes a $1,500 second trust deed None Hint 118. 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? $185 $200 $250 $500 None Hint 119. All of the following are natural hazards requiring disclosure except: weather area of potential flooding earthquake fault zone fire hazard None 120. As to contracts, which of the following is true? printed text takes precedence over typed text printed and handwritten notations carry the same weight and the court decides the meaning 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 121. A property was used to manufacture methamphetamine. When must a purchaser be notified of this use? if a cleanup order was issued if the occupant was convicted of the manufacture if there is reasonable evidence of such use if there was any possibility of contamination None Hint 122. 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 Elsie has placed her license in jeopardy Jones is entitled to the return of the entire commission paid Jones is entitled to the return of half of the commission None Hint 123. 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 124. 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? Beryl Conrad Arcjoe Diana None Hint 125. 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 return the $1,200 to the buyer keep the $1,200 as her commission ask the local real estate board to arbitrate None Hint 126. 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: valid void voidable at April's option voidable at April's or Byron's option None Hint 127. A real estate purchase contract is: a bilateral contract a unilateral contract an agency none of these None Hint 128. 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 129. An option set forth in a lease would be a(n): restriction covenant appurtenance encumbrance None Hint 130. Failure to perform as agreed under a contract is known as: illegal act breach damages novation None 131. 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 132. A purchase contract signed because of duress is: illegal void all of these voidable None Hint 133. Which of the following would not have to be in writing to be enforceable? none of these sale of a lot for $100 sale agreemet for a prize bull for $600 sale of a residence None Hint 134. 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 135. A broker takes a listing that does not include an authorization to take a deposit. the broker cannot take a deposit if the broker takes a deposit, he does so as the agent of the buyer none of these is true the authorization is implied None 136. As to an option, which of the following is true? the optionee must exercise it the optionor must exercise it it is illegal if the option price is not money none of these None Hint 137. Losing a right due to failure to assert it in a timely fashion is called: laches subrogation satisfaction dereliction None 138. As to options, which of the following is true? there is a fiduciary duty between the optionor and the optionee 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 none of these None 139. The broker's agreement to use diligence in finding a purchaser: makes the listing a bilateral contract none of these makes the listing revocable by the owner makes the listing a unilateral contract None Hint 140. 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 is liable on the entire lease Clark must give notice, as in periodic tenancy None Hint 141. 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? only Keith gets 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 Harvey is liable to Jonas and Keith for the commission None Hint 142. According to the CAR standard real estate purchase contract, if the seller fails to deliver title: the buyer can terminate the buyer forfeits his or her deposit none of these the broker is liable for damages None Hint 143. If a buyer wishes to give a promissory note as a deposit with an offer: the broker can never accept a note 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 none of these None 144. An election of remedies would most likely appear in: a deed a purchase agreement escrow instructions a listing None Hint 145. 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? she was licensed at the time the commission was earned the parties agreed to the sale before the listing expired the broker was the procuring cause of the sale the listing was property executed None Hint 146. 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 is entitled to a commission none of these is true Adam has placed his license in jeopardy Bernadine is entitled to a commission None Hint 147. A statement that commissions are negotiable need not be included in: neither a nor b both a and b a listing of a five-unit apartment building a listing of a single-family home None Hint 148. A buyer must be notified about a military ordnance location that may contain explosives if within ___mile(s) of the property. 8 5 1 2 None 149. 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 is terminated by the change the listing belongs to her previous broker None 150. 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 the listing is a unilateral contract the provision as to early notice has no effect there is nothing wrong with the broker's action None Hint