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