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1
The classical definition of property ownership is ownership of:
everything below the property in the shape of and inverted pyramid with its apex at the center of the earth and infinite airspace
2
The technical definition of real property includes
anything immovable by law
3
Which “runs with the land”
all of the above
4
All of the following are factors considered when determining whether an item of personal property has become real property EXCEPT:
cost of article
5
Which of the following is considered personal property
trust deed
6
Among the principles involved in the “bundle of rights” is the right to:
possess, encumber, will, sell
7
Freehold estates include:
life estates
8
Which of the following is considered a “fee simple estate”
estate with no limitations
9
Which of the following is considered a “less than freehold estate”
lease
10
Abigail Blake leased an apartment in a recreation area from July 1, 2022 through August 31, 2022, she holds:
an estate for years
11
Brown leases a residence from baker on a 3- month written lease. Upon expiration of the written lease, brown retains possession of the property without the consent of baker. Brown now holds a(n):
estate at sufferance
12
The four unities of joint tenancy are:
time, title, interest, and possession
13
Which of the following forms of ownership consists of an undivided interest with the right of survivorship
joint tenancy
14
Which of the following is always required in joint tenancy ownership of real property?
equal shares of interest in the property by each of the joint tenants
15
Tenants in common have equal right of:
possession
16
To hold real property as tenants in common the individuals must:
hold undivided interests
17
Joint tenency and tenency in common both share the unities of:
equal rights of possession
18
Community property is property owned by:
husband and wife
19
An agreement to sell community real property signed by one spouse is:
unenforceable
20
A person holding title to property in severally would most likely have:
sole ownership
21
A general contractor hired a subcontractor to install the hardwood floors in a home currently under construction. If the subcontractor had to file a mechanics lien in order to get paid, the mechanics lien would date back to the date ___
work began on the house
22
Mr. Greg employed the mark pool construction company to install a pool at his home. After completion the contractor filed a lien to obtain payment of the contract price. The encumbrance created was a:
specific lien
23
Land subject to an easement is said to be:
encumbered
24
A parcel of land known as the servient tenement :
is the property burdened by easement
25
Which is the most common type of easement on residential property?
in gross
26
To obtain an easement by prescriptive one must
use the property
27
When a government or business give the right to use its land without any interest in the land it is called
license
28
A state wants to build a publicly owned convention center to attract private development in its largest city. Can the state use eminent domain to acquire the land?
yes, if just compensation is paid to the owners of the land
29
A property once zoned as commercial is rezoned as residential, this is referred to as:
down zoning
30
Zoning that allows residential property to exist on land zoned for industrial use is called:
cumulative zoning
31
Who regulates franchises of California?
department of business oversight (DBO)
32
Who is responsible for disclosure of a Mello-Roos bond against the property
seller
33
The seller does not disclose a Mello-Roos tax. After close of escrow the buyer may:
rescind the contract
34
To adjust for any increase in tax liability due to a reassessment after the property was purchased, the tax authority would issue a:
supplemental assessment
35
Under proposition 13, the annual real estate tax on a parcel of property in California is limited to:
1% of its assessed value
36
All of the following are true about the “frost line” EXCEPT:
buildings/ structure foundations should be built above the frost line to prevent slipping
37
Based on the white papar on smart community planning in California, which of the following is superseded by form-based planning?
traditional planning
38
The seller must decide disclose the prescence of a military base if it is within:
1 mile
39
Personal income taxes are structured using rates that are:
progressive
40
The California sales tax is a(n):
tax paid on tangible personal property
41
Ad valorem is best defined as
according to value
42
If a property owner believes that the assessed value of his or her property has been set too high, the owner could file a request to seek a reduction from the:
assessment appeals board
43
The redemption period for unpaid real property taxes is:
5 years from the sale of the state
44
The second property tax installment is due and delinquent on:
Feb 1st - April 10th
45
The second property tax installment is delinquent if not paid by the close of business day on:
April 10th
46
How would taxpayer adjust the tax basis of his/her personal residence for federal tax purposes?
concrete patio
47
Consideration of tax consequences with respect to real estate should take place:
prior to acquisition
48
When a real estate broker speaks of “tax shelter” he/she is referring to
income tax
49
The street improvements act of 1911 allows the issuance of bonds to raise funds for subdivision improvements on:
streets and sewers
50
Under proposition 13, the annual real estate tax on a parcel of property in California is limited to:
1% of its assessed value
51
To adjust for any increase in tax liability due to a reassessment after the property was purchased, the tax authority would issue a:
supplemental assessment
52
The seller does not disclose a Mello- Roos tax. After close of escrow the buyer may:
rescind the contract
53
Who is responsible for disclosure of a Mello-Roos bond against the property?
the seller
54
The Williamson Act provides help to owners of farmland and open-space land in the form of:
Tax relief
55
Consideration may be:
All of these
56
Valuable adequate good and sufficient in a contract would apply:
consideration
57
Which of the following describes mutual consent?
offer and acceptance
58
The buyer submits an offer to purchase and dies 4 days later, what happens to the offer?
The feather of the buyer revokes the offer.
59
Seller Smith sold a home to buyer Jones under contract. Shortly before close of escrow. It was judicially determined that jones was incompetent prior to entering into the contract with Smith. The contract between Smith and Jones is:
void.
60
Which of the following would be required to be in writing?
all of the above.
61
On June 10th, a prospective buyer gave a deposit to a broker and signed the usual form of an offer to purchase property. The deposit form included the statement, “this offer is irrevocable for five days.” On June 11, and before the offer had been accepted by the seller, the buyer contacted the broker and withdrew his offer and demanded the return of his deposit. The broker:
must return the deposit to the buyer as demanded.
62
A prospective buyer gave a personal check to a broker and signed a purchase agreement to buy the property. The broker deposited the check into his trust account. The next day before the offer had been accepted by the seller, the buyer contacted the broker, withdrew his offer and demanded the return of his deposit. What should the broker do?
He should wait for proof of funds received and collected before refunding the deposit.
63
What is the difference between a deposit and an option?
Deposit goes towards the sale price or may be refundable; option is not refundable even if option is not executed before it expires
64
What is it called when one person is substituted for another in a contract?
Novation
65
One party sells property to another and within the contract the legal description is incorrect because of a simple typographical error. This can be corrected through a legal action called:
Reformation
66
FHA was created primarily to provide:
Insurance for home loans from qualified lenders
67
A purchaser of a home 5 years ago is now interested in securing an FHA loan. A salesperson would most likely introduce the homeowner to:
A conventional bank or savings and loan association
68
Which of the following would not require a down payment?
VA
69
All of the following are characteristics of VA loans EXCEPT:
Can use a VA loan for the purchase of rental units
70
A qualified veteran may receive a federal VA loan for:
100% of the notice value
71
A veteran may purchase a home under Cal Vet using a:
Contract of sale
72
A veteran is eligible to use either the VA program or the DVA program in purchasing his owner occupied house. In which of these programs would the government body retain legal title to the house?
DVA
73
The government actually lends the money for a:
Cal-Vet loan
74
Why should a buyer seek legal counsel before assuming the sellers first mortgage?
The lender has to approve the assumption
75
What can the lender advertise in the newspaper for a loan offering that includes negative amortization?
“We can help you finance the purchase of your home”
76
Which of the following is correct regarding current rules and requirements of reverse mortgage loan?
The borrower must complete credit counseling before a reverse mortgage.
77
Regarding a promissory note:
The deed of trust secures the promissory note.
78
A loan to be completely repaid, principal and interest, by a series of regular equal installments is a:
Fully amortized note
79
When a note is fully amortized by equal monthly payments of principal and interest, the amount applied to principal:
Increases while the interest payment decreases
80
A loan that requires a balloon payment at its maturity is called:
Partially amortized loan
81
A mortgage is a:
loan secured by collateral of real property
82
Naked legal title is held by the:
trustee
83
The trustor under a trust deed is the party who
signs the note as a maker
84
Mortgages and deeds of trust differ in every aspect except:
security
85
Under the “power of sale” clause in a trust deed, the authority to sell is placed with the _____ by the ______:
trustee by trustor
86
Total foreclosure time under a trust deed most nearly approaches:
four months
87
In purchasing a home, the purchaser generally gives a note secured by a first deed of trust to a lending institution, in addition he may give the seller cash and a note secured by a second deed of trust on the property. A “request for notice” would be filed for the benefit of the:
holder of the second
88
RESPA would apply to:
first mortgages
89
Which of the following fees are allowed under RESPA:
payments to an attorney for services actually rendered
90
Broker jones uses ABC escrow for every transaction because of an arrangement with ABC escrow that the company gives broker Jones $100 for every transaction. This arrangement violates:
RESPA
91
An agent places an ad in the newspaper saying that he will give $500 to anyone who sells or buys a property through him. Which of the following is TRUE?
the agent can give $500 to the buyer or seller
92
What is the form a lender must give the buyer-borrower when the loan terms have changed prior to the close of escrow?
closing disclosure
93
What is the purpose of the federal Truth-In-Lending act?
to assure a meaningful disclosure of credit terms
94
A broker mentioned the APR in one of his ads but did not include any other financing terms. This ad was:
legal
95
The right of recission under Truth-In-Lending would apply to:
A home equity loan
96
When the FED takes measures to implement a “tight money” market, the net effect usually results in an increase in the:
use of the second trust deed in real estate financing
97
The clause in a mortgage note which permits the lender to declare the unpaid balance due and payable upon default by the borrower is called:
acceleration clause
98
To subordinate means to:
become secondary
99
Hypothecate means to:
give a thing as security without giving up posession
100
The nominal rate of interest is the:
rate set forth in the note