Land-Use Planning, Subdivisions, Fair Housing, and Other Public Controls 1. An owner who just purchased property was ordered to clean up chemical waste on the property deposited by a former owner. The owner is liable because of: respondeat superior Coastal Zone Conservation Act Alquist-Priolo Act CERCLA None Hint 2. Which of the following is an example of police power? health ordinance enforcement all of these building code enforcement zoning None Hint 3. A material change in a subdivision in regard to the public report would be: changes in lot or street lines all of these changes in contracts used in sales changes in restricions or rights None Hint 4. Which of the following is true? neither a nor b is true both a and b are true a public report cannot be used in advertising unless it is used in its entirely a public report must always be supplied to advertising media None 5. Building permits are issued by the: board of supervisors building inspector Real Estate Commission city or county planning commission None Hint 6. A property owner may refuse to rent to a person who is: blind and has a guide dog a drug addict an alcoholic pregnant None Hint 7. An apartment house owner's ad violates the law if it states: no drinking allowed handicapped accessible no smoking adults preferred None Hint 8. A public report is required: prior to the issuance of a preliminary report prior to the sale of the first parcel in a subdivision prior to the sale of the fifth parcel in one year prior to any advertising None 9. Who can obtain a copy of the previous pest reports from the pest control board? the seller the broker anyone the buyer None Hint 10. Which of the following would be an offsite improvement? streets and curbs dwelling garage septic system None 11. The Subdivision Map Act requires: delivery of a copy of the public report to all purchasers insertion of release clauses when blanket encumbrances cover a subdivision subdividers to file tentative maps with the city or county planning commission all of these None Hint 12. A subdivider holding a down payment in trust for the purchase of a parcel covered by a blanket encumbrance is doing so for the benefit of: the Real Estate Commissioner the subdivider the purchaser the beneficiary of the blanket encumbrance None 13. A disadvantage of a cooperative could be: owners' costs are greater than in a condominium owners cannot deduct tax payments made to the cooperative owners could lose their equity if other owners fail to make their tax and loan payments all of these None Hint 14. A planned development project is a: subdivision for which a final report has been issued fully improved subdivision subdivision containing areas owned in common community apartment project None 15. On a zoning map, "M" would most likely indicate: multiunit multiple use manufacturing mobile homes None Hint 16. False-heading information in an e-mail could result in a fine for each violation up to: $110 $1,100 $16,000 $60 None 17. As to a public report, which or the following is true? a public report may be renewed all of these are true a copy must be posted in the subdivision sales office copies must be given to anyone upon request None 18. A condominium can be: industrial any of these commercial residential None 19. The fine for making a single call in violation of the Do-Not-Call regulations could be up to: $10,000 $16,000 $1,000 $100 None Hint 20. Violations of the Rumford Act are heard by the: state attorney general superior court Real Estate Commissioner Fair Employment and Housing Commission None 21. A subdivider obtains a public report for five lots. He builds homes on each of the lots and leases them for five years. At the end of the lease, he wishes to sell the homes. both a and b are true he must get a new public report he requires a broker's license neither a nor b is true None Hint 22. Advertising the availability of residential financing must include: indication of Equal Housing Opportunity a good faith estimate of loan costs all finance terms the current APR None Hint 23. A power granted by an enabling act refers to: zoning none of these the Rumford Act eminent domain None Hint 24. Which of the following is not an element of a master plan? safety circulation open space economy None 25. A broker ramped the front steps of her office, placed paper cups by the water cooler, and put a grab bar in the washroom in order to comply with: VAMA ADA the Rumford Act the 1988 amendment to the Civil Rights Act of 1968 None Hint 26. A property owner, in listing his property, adds specific instructions that the property is not to be offered to anyone who is not a Caucasian, as the owner does not want to be the first to break the barrier to minorities in the neighborhood. The broker should. tell the owner to see another broker tell the owner that it is unlikely that a minority member could afford the property, so there is not a problem refuse to discuss the matter of the listing any further with the owner tell the owner to sell the property himself. None 27. Jones v. Mayer upheld the: Civil Rights Act of 1964 Cicil Rights Act of 1968 Executive Order of 1962 Civil Right Law of 1866 None Hint 28. The Interstate Land Sales Act does not apply to sales: both a and b of lots of five acres or more neither a nor b of cemetery lots None 29. A broker solicits only the longtime residents for listings in an area in which there had been recent sales to minority group members. The broker's action would be regarded as: proper blockbusting steering redlining None Hint 30. As to zoning, which of the following is true? zoning takes precedence over deed restrictions all of these aesthetic values are not an interest in the establishment of zoning zoning is never retroactive None 31. Advertising a property located in a predominantly minority are only in a newspaper primarily read by that minority group would be: redlining steering blockbusting legal None Hint 32. You decide to use the phone book to solicit listings without checking the Do-Not-Call Registry. Your actions are proper if you: call from a business phone limit your calls to a small geographical area call businesses using the yellow pages ask if the person is on the list before you begin your phone presentation None Hint 33. A public report is not required for land located in: none of these Arizona and sold in California California and sold in Arizona California and sold in California None Hint 34. Which of the following is required for an unsolicited e-mail sent to market a product? a functioning return e-mail address all of the above a subject line indicating it is an advertisement an opt-out mechanism None Hint 35. You may properly ask a prospective buyer or tenant questions relating to: national origin marital status sexual orientation age None Hint 36. Violations of the subdivision law can result in a maximum fine of: $50 $5,000 $10,000 $500 None Hint 37. Under the Subdivided Lands Act: all of these undivided interests are included agricultural leases are included parcels must be contiguous None 38. A white couple inquires about an ad for a home located in a minority area. The broker should: treat the inquiry in the same manner as an inquity from a minority group buyer tell them the property is no longer available tell them it is a minority area suggest more suitable properties None Hint 39. In the case of a violation of the Rumford Act, the Department of Fair Employment and Housing can: any of these issue a cease-and-desist order invoke a $10,000 penalty invoke a $25,000 penalty if there was a previous violation None 40. The requirements of the Map Act need not be complied with for: both a and b neither a nor b Arizona subdivisions sold in California California subdivisions sold in Arizona None Hint 41. The police power of the state can be invoked against the practice of discrimination in housing accommodation because of race, color, religion, or ancestry under the: Government Code Health and Safety Code Civil Code Penal Code None Hint 42. The Subdivision Map Act includes: leasing mobile home spaces 160-acre and larger parcels noncontiguous units none of these None Hint 43. Subdividers who wish to use a public report in their advertising: may use any part of the public report so long as they reference the entire report require special permission to use any portion for advertising purposes may use the report only if they use it in full are prohibited from doing so None 44. A public report would be denied for: inability to demonstrate that adequate financial arrangements have been made for improvements any of these inability to deliver title failure to show that parcels can be used for the purpose for which the are offered None Hint 45. The Americans with Disabilities Act applies to: both a and c only physical disabilities both physical and mental disabilities drug addicts None 46. Dedication under the Map Act takes place: when the preliminary report is issued when the approved map is recorded upon filing of the tentative map when the final report is issued None Hint 47. The Subdivided Lands Act covers: both a and b undivided interests 12 or more time-shares of five years or more neither a nor b None 48. Linda intends to build a six-foot fence around her property on the property line. She should check: local building codes deed restrictions all of these zoning restrictions None 49. Herman reads the Real Estate Commissioner's preliminary public report on an ordinary residential subdivision. He decides to buy a lot and gives the developer a $500 deposit, which the developer places in his trust account. The Real Estate Commissioner then issues the final public report. Upon reading it, Herman demands the return of his deposit. The developer must return: none of it $375 $500 $250 None 50. Subdividers may: sell lots prior to a public report if they agree to return money to purchasers upon demand make improvements prior to issuance of a public report print the public report in any manner or size of type they deem advisable change financing arrangements without approval None 51. The Interstate Land Sale Act provides a buyer rescission period of: 7 days 3 days 24 hours 14 days None 52. A buyer can escape liability for hidden toxic waste by: buying "as is" making proper inspection and inquiry having the seller agree to be liable obtaining title insurance None Hint 53. A planning commission for each city and county is: required by statute required after the master plan is developed made up of three members selected by the city council or board of supervisors established when funds are appropriated None 54. In a condominium, which of the following could be owned in fee simple? the public hallways all of these the outside yard the individual units None Hint 55. The owner of a residential property found guilty of discrimination in the sale of his or her property may be required to: pay a civil penalty of $10,000 sell to the offeror any of these sell the offeror a similar property, if one is available None Hint 56. A subdivider must comply with the Interstate Land Sales Act for subdivisions of: 100 or more parcels 25 or more parcels 5 or more parcels 50 or more parcels None 57. What does stand for? HUD NAREB California Fair Housing Equal Housing Opportunity None 58. You may properly make an unsolicited phone call to a do-not-call listed party in order to solicit business if: any of the above you have previouslyy met the person you sold the party a property 11 months prior to the call the party talked to you nine months previously about buying property None Hint 59. The CAN-SPAM ACT applies to: unsolicited fax messages unsolicited phone calls to business numbers unsolicited phone calls to residential numbers unsolicited e-mail messages None 60. An area zoned for apartments allows single-family homes to be built because the zoning is: noncumulative cumulative inclusionary exclusionary None Hint 61. By accident, Edward's crops are sprayed by the city with a chemical that makes use of the land dangerous. He should: institute escheat proceedings start inverse condemnation either a or b neither a nor b None Hint 62. You may send an unsolicited fax solicitation if: none of the above you have had precious business dealings with the party within 18 months the fax is within three months of an inquiry by that party your fax is to a commercial number None Hint 63. You may properly call a person who is on the Do-Not-Call Registry when: the call is made to a personal cell-phone number the call is strictly for survey purposes the call is nine months after the party has contacted you for property information the call is 20 months after you have sold the party a home None Hint 64. When an apartment building is converted to a condominium, the tenants must be given: 180-day notice a 90-day right to buy their unit neither a nor b both a and b None 65. The actions of the city planning commission: are recommendations only are binding rulings are advisory none of these None 66. A special-studies zone in proximity to a fault line would require the broker to: notify a purchaser prior to closing notify a purchaser prior to the offer turn down any listing so affected obtain a new public report None Hint 67. The Federal Fair Housing Act of 1968 provides: equal housing opportunity for all low-income housing low down payments for government housing minimum construction standards None 68. The Subdivided Lands Act is part of: the Real Estate Code none of these the Business and Professions Code the Commissioner's regulations None 69. An example of involuntary alienation would be: zoning eminent domain all of these easement by reservation None Hint 70. Individual ownership of a lot and common ownership of other areas would constitute a: planned unit development standard subdivision cooperative project condominium None 71. Giving real property for public use for Map Act approval is knowns as: none of these eminent domain inverse condemnation dedication None 72. Which of the following is not upheld under the police power of the state? the Real Estate Law zoning eminent domain none of these None Hint 73. In order to obtain a public report, a subdivider would not supply the Commissioner with: plans for utilities plans of homes financing arrangements information on marketability of title None Hint 74. The office usually responsible for the enforcement of proper sewage and sanitation construction practices in a subdivision is: HUD the local health office the Real Estate Commission the state Department of Health None 75. A subdivider must: all of these obtain a signed receipt from each buyer furnish each buyer with a copy of the public report keep receipts on file for at least three years None 76. The Federal Fair Housing Act stems from: none of these the First Amendment to the Constitution the Thirteenth Amendement to the Constitution the Rumford Act None Hint 77. In a new subdivision, who is responsible for installation of curbs, gutters, streets, and utilities? the developer individual buyers the city or county the planning commission None Hint 78. For a Homeowners Association to file a lien against a homeowner for unpaid assessments, the amount due must exceed: $1,000 $1,800 $10,000 $100 None 79. Nineteen tenants decide to purchase their apartment building as tenants in common with the right for each to occupy his or her unit. This would be a: condominium community apartment project planned unit development cooperative None Hint 80. A subdivider has a free-lot scheme. He or she is offering: free lots in order to get a subdivision started lots free as premiums lots free with the purchase of another lot a lottery with charges for transfer None Hint 81. The Map Act requires: paved streets an adequate water supply planning commission approval all of these None 82. A master plan would not be concerned with: land use flood control deed restrictions sanitary problems None 83. Ken's petition for rezoning is rejected by the city planning commission. He: may appeal to the court on the basis of hardship has no recourse other than to try again later may appeal to the county planning commission may appeal to the city council None Hint 84. The required elements of a general plan do not include: land use budget circulation safety None Hint 85. A difference between the state Subdivided Lands Act and the Map Act is: both a and b neither a nor b for the Map Act the parcels must be contiguous long-term leases of trailer parks are not included under the Map Act None 86. In seeking a public report a subdivider must submit all except: provisions for utilities title information sales contracts to be used house plans and setbacks None Hint 87. The planning commission, when administering the Map Act, would be concerned with: street width and traffic pattern drainage plans of homes both a and b None 88. A negative declaration, when required from a developer as it pertains to an EIR, would: indicade a developer's financial status to protect purchasers from developers likely to file bankruptcy indicate no negative influence of the development on the environment show whether the developer had a previous record of poorly designed subdivisions indicate a negative influence of the development on the environment None 89. A report that allows a binding contract of sale of a subdivided parcel but will not allow funds to be disbursed would be: any of these a preliminary report a public report a conditional public report None 90. The Map Act requires: all of these paved streets an adequate water supply planning commission approval None Hint 91. Karen is going to subdivide for condominiums. She needs a public report if she is going to have more than __ unit(s): five one four two None Hint 92. The subdivision law in California has the primary purpose of: preventing premature subdivisions community planning obtaining the best land use preventing fraud None Hint 93. Permitted calls to persons on the do-not-call registry include all except: calls within three months of an inquiry calls to residential numbers calls for charitable contributions survey calls None Hint 94. Unsolicited solicitation e-mails must include all of the following except: the legitimate physical address of the sender a functioning return e-mail address an opt-out mechanism for future e-mails the sender's phone number None 95. A condominium unit owner owns separately: the common heating system lawns and walkways none of these common walls None Hint 96. Under the California Subdivided Lands Act, a subdivider who is not a resident of the state must submit an irrevocable consent that in the event of legal action against him or her, and if she or she cannot be located after a diligent search, a valid service may be made by delivering the process to: the Real Estate Commissioner the superior court in the county where the action occurs the state secretary of state the recorder in the county in which the land is located None Hint 97. Land that was zoned for heavy industrial use was rezoned for light industrial and office use. This is an example of: downzoning cluster zoning exclusionary zoning a buffer zone None Hint 98. A landlord may charge an increased security deposit for: families with children tenants with disabilities who modify their units persons with guide dogs none of these None 99. A public report is good for: five years from the date of issuance none of these five years from the first sale the length of time necessary to sell all lots None Hint 100. A subdivider must notify the Real Estate Commissioner if: he or she sells five parcels to one purchaser he or she changes the contracts of sale he or she makes physical changes in the subdivision all of these None 101. If a broker refuses to show or rent to parties because of race or color, the most likely thing to happen to the broker would be: a prison setence no disciplinary action at all a $250 fine for each party automatic revocation of his or her license None Hint 102. The regulation of housing and construction in California is covered by the: State Contractor's License Act all of these state Housing Act local building code None 103. Under the Subdivided Lands Act of the Business and Professions Code, the Real Estate Commissioner is concerned with: financial provisions and arrangements to safeguard the vesting of title in the purchaser none of these the dimensions and placement of drainage and sewage disposal facilities the layout and surfacing of streets None Hint 104. Who is entitled to obtain copies of inspections from the Structural Pest Control Board? anyone only the owner only the person paying for the report the lender only None Hint 105. Every city, by law, must have: uniform zoning standards a planning commission a variance appeal board a uniform building code None Hint 106. A buyer who reserves a home receives a copy of the preliminary public report. The buyer: both a and b may cancel the reservation at any time has the right to request that the deposit be placed in an interest bearing account neither a nor b None 107. A requirement of the Subdivision Map Act is: providing purchasers with a copy of the public report before they are bound approval of arrangements to safeguard buyer deposits submission of advertising to the local government unit prior to use preparation and filing of a tentative map None 108. Condominiums have been increasing in popularity primarily because of: better loan terms new lifestyles land costs tax advantages None Hint 109. The physical aspects of a subdivision are controlled by: both a and b neither a nor b the Real Estate Commission the city or county planning commission None Hint 110. A lender will not make loans in a minority area with a high crime rate. This action is: prudent redlining steering blockbusting None 111. Breaking one parcel into two parcels would come under the regulation of: neither a nor b the Subdivision Map Act both a and b the Subdivided Lands Act None Hint 112. The Map Act allows subdivision control by the: state building inspector Real Estate Commission local government corporation counsel None Hint 113. Zoning would most likely cover: building setbacks CC&Rs construction standards escheat proceedings None 114. Which of the following comes under the jurisdiction of the Subdivided Lands Act? two or more contiguous parcels long-term leasing on mobile home spaces neither a nor b both a and b None Hint 115. Under state subdivision law, a purchaser may rescind a contract to buy within a specified period in cases of: condominium sales cooperative apartments time shares none of these None Hint 116. A farmer owns 120 acres, which he divides into five parcels to be leased for agricultural purposes. They are exempt from Map Act requirements if they contains: more than 20 acres 30 acres or more 40 acres or more any of these None Hint 117. Taxes on a condominium apartment would be paid by: the subdividers the owner of the apartment the holder of the management contract the board of governors None 118. The California Housing Act, which contains minimum code requirements, is found in the: Uniform Commercial Code Health and Safety Code Fair Housing Act state Contractor's Code None 119. A subdivider sells five lots to Frank, a dealer, who intends to immediately resell them, and five lots to Gwen, who is going to hold them for appreciation. neither Frank nor Gwen needs a new public report both Frank and Gwen will need a new public report prior to their first sale Frank will need a public report because he is a dealer Gwen will need a public report only if she resells after the subdivider's public report expires None Hint 120. Before a new home can be occupied: a certificate of occupancy must be issued offsite improvements must be complete a notice of completion must be filed construction loans must be paid off None Hint