Joint tenants can make valid testamentary transfers of their interests.
MERS has the same information that is available in the public recording offices for land
records.
Time’‘sharing interests can be fee simple interests.
‘I accept provided that the premises will be vacated prior to March 1, 2010’, is a valid
acceptance if communicated to the offeror properly.
Delivery to an agent of the grantee is sufficient delivery.
Landlords are permitted to evict tenants for criminal activity.
To qualify for help under the Hope for Homeowners Act, mortgage payments must be at
least 31% of the homeowners’ monthly income.
Rules and regulations that are changed during a tenant’s lease period are inapplicable to
that tenant.
Most states’ lien laws cover labor and materials.
A multiple listing is the equivalent of an open listing.
Cases involving the same statute are always decided the same way.
Blockbusting is generally an activity of real estate agents and brokers.
Self-audit benefits apply if there are repeat violations.
Some states have statutes prohibiting obstruction of solar collectors.
On November 1, 2009, Sam made an offer to Bobby by mail for the sale of his mobile
home lot at $14,000. Sam’s offer included the following: ‘Acceptance must be by
Federal Express no later than 10:30 a.m. on November 5, 2009.’ Bobby accepted the
offer by mail on November 4. The acceptance arrived at 8 a.m. on November 5.
a. Sam and Bobby do not have a contract
b. Sam and Bobby had a contract as of November 4
c. Sam and Bobby had a contract as of November 5
d. Bobby’s acceptance is effective as of 10:30 a.m. on November 5 as long as Sam
hasn’t revoked the offer
Strong Construction accepted bids for its bid to build homes in the Hillcrest
Development. Fred’s Framing submitted a bid that Strong used in his bid. Strong got the
project and then Fred’s backed out of its bid. Which of the following is correct with
respect to Strong’s rights?
a. Fred’s only made an offer, so it is free to withdraw
b. Fred’s is bound to perform for the bid price submitted
c. Fred’s is bound to perform, but can raise the price
d. Fred’s is bound to perform if Strong accepted
Setbacks for location of buildings and homes are an example of
a. Intensity zoning
b. Social issues zoning
c. Use restrictions
d. Both a and c
In the area between the public street and the wall of Arboleda, a gated community, the
association for the community has planted citrus trees. During the months between
November and March, the trees have ripe fruit (oranges, lemons, and grapefruit). A
problem has developed with the occupants of passing cars stopping and picking the fruit
from the trees. The association has a tree maintenance firm that maintains the trees in
exchange for harvesting the fruit. The trees are located on property owned by the
association, but, as noted. outside the wall. When the Arboleda security guard asked a
passer-by to stop taking the fruit he said, ‘Hey, it’s out here in the open, next to a public
road, and it’s not a yard. I have a right.’
a. The passer-by is correct ‘“ public trees are fair game when it comes to their fruit
b. The passer-by is incorrect; he is trespassing because the trees and the fruit belong to
the Arboleda association
c. The passer-by has a right to the fruit because Arboleda has let others take the fruit
d. The passer-by can take the fruit unless there is a sign posted
Discuss the liability of unit owners and their association for the following incidents:
a. A postal employee slipping and falling over a sprinkler
b. A unit owner slipping and falling over a sprinkler
c. A unit owner’s guest slipping and falling over a sprinkler
With regard to #20, suppose Alice’s will provided that her heirs were to receive her
estate per stirpes.
a. Bob, Carol and Ted each get a one-third interest
b. Bob, Carol, Ted, their children and Alice’s children each get a one-tenth interest
c. The lines of Bob, Carol and Ted each get a one-fourth interest to share and Alice’s
children each get one-twelfth
d. Bob, Carol and Ted each get a one-fourth interest and Anna’s grandchildren,
including Alice’s children, split a one-fourth interest
The Rule of Capture
a. Allows mining of resources not directly beneath surface owned property
b. Allows limitless mining
c. Does not apply to oil or gas
d. None of the above
Al Freeman relied on Section 8 housing vouchers for his rent. He submitted an
application to rent an apartment at the Woodstream Apartments. When he submitted his
application, the manager said, ‘Sorry, we no longer take Section 8 tenants.’ Which of the
following is an accurate description about the manager’s conduct?
a. The manager has violated the Fair Housing Act
b. The manager is permitted to deny housing to Section 8 tenants
c. The manager has violated Al’s constitutional rights
d. The manager has no authority to act on behalf of the landlord
Ace Framers, Inc., has completed the framing work on a subdivision of homes being
constructed by Heritage Homes, Inc. Ace purchased the lumber from Arrow Building &
Supply on credit.
a. Ace and Arrow generally will have the right to lien the homes
b. Generally, Ace has the right to lien, but not Arrow
c. Generally, Arrow has the right to lien but only if Ace does not pay
d. Neither has the right to lien if there is an existing construction mortgage
Under the market approach to valuation which of the following information is
examined?
a. Recent closings on property sales in the area
b. Income generation of the property
c. Building replacement cost
d. None of the above
“To my wife for life, then to my children” (grantor’s will and grantor has died)
a. Creates a contingent remainder in the children
b. Creates a vested remainder in the children
c. Makes the children’s interest subject to the Rule Against Perpetuities
d. None of the above
The city of Reston has two annexation applications before it. One application would
result in the annexation of a community of Asian’‘Americans. The other annexation
would result in the addition of a retirement community consisting of all’‘white adults
over the age of 55. Reston has denied one application ‘‘’‘ that of the Asian’‘Americans
and approved the other citing economic reasons. The number of individuals in each
annexation is about the same. The city’s decision
a. Is probably valid
b. Probably violates the Voting Rights Act
c. Is not subject to any restrictions other than following proper procedures for
annexation hearings
d. None of the above
Jones has installed solar water heater panels on the roof of his home. The panels are
connected by pipes to the water heater (located in the house). Jones’ neighbor, Smith,
has added a second story and a balcony to his (Smith’s) home. The new addition
prevents the sun from hitting Jones’ panels and Jones has not had a warm shower for a
month.
a. Does Jones have any rights against Smith for the prevention of the obstruction?
b. Are the solar panels fixtures or personal property? Are any facts missing that are
necessary for this determination?
c. Suppose Jones’ home is subject to a mortgage. The mortgage agreement has a clause
covering all additions to the property. The mortgage was recorded on April 2, 2007.
Jones had purchased the equipment for the solar panels on credit from Solar Water, Inc.
on November 19, 2009. What steps should Solar Water, Inc. take to assure its interest in
the panels?
d. Is there any way Solar Water can enjoy priority over the bank’s mortgage?
Columbia, South Carolina, is where Hootie and his blowfish got their start. In fact, they
practiced in the storage sheds at Sumter Street Self-Storage in Columbia. Known as
‘The Sheds,’ the units have been home to music practice for two decades. However,
since the 1994 climb to fame of Hootie, the storage area has become the home to almost
139 weekend and evening jammers and rehearsal sessions, much to the chagrin of the
neighbors.
The neighbors began a campaign to shut down the music practice. Nuisance did not
work because the bands had to stop playing at 10 p.m. The neighbors then turned to fire
codes. That battle ended with the city concluding that the use of the sheds for practice
violated city fire code. However, the ruling that the music stop was appealed and the
music continued, with new fire extinguishers. Neighbors appealed and a court ruled that
new wiring was required if the bands were to continue. The owner does not want to
undertake the expense and a sign on the gate reads, ‘No band practice.’
What laws govern this situation?
If (in an equal footing state), there is $60,000 left to be distributed and A has a $40,000
claim, B has a $20,000 claim and C has a $10,000 claim, how much will C receive?
a. 1/7 of $60,000
b. Nothing ‘“ a and b will get it all
c. $10,000 if he was the first to file
d. None of the above
A net listing
a. Must be an exclusive listing
b. Must be an open listing
c. Is void in residential listings
d. None of the above
The constitutional challenges to lien statutes are based on
a. The due process clause
b. Eminent domain
c. Equal protection
d. None of the above
Which of the following best describes the bubble concept?
a. No new plants are permitted in areas in which the result will be an increase in
emissions even if the new plant is not the only source of emissions
b. A theory that governs the release of effluent into navigable waters
c. A theory that governs how the liability for toxic waste clean-up costs are allocated
d. A theory that was eliminated under the Clean Air Act Amendments of 1990
Which document is delivered to escrow by the buyer?
a. Termite report
b. Loan commitment
c. Deed
d. None of the above
In which Phase of a property condition report are soil tests conducted for determining
possible environmental issues?
a. Phase I
b. Phase II
c. Phase III
d. Soil tests are not part of a property condition report
Bob Jones recently signed a lease for a studio apartment located in Manhattan. His
studio is located on the top floor of a five-story brownstone converted into individual
apartments and studios. A skylight in his loft has a crack between the plexiglass cover
and the roof. Bob has moved his belongings away from the area beneath the skylight
because rain and snow leak into the apartment. Because the heating system cannot
compensate for the draft from the crack, the nighttime temperature in Bob’s apartment
is usually 10 degrees above the outside temperature. This January, the nighttime
temperature in Bob’s apartment has been, on average, 42 degrees. In New York Bob
a. Has no rights or remedy because he should have inspected the property before leasing
b. Can claim breach of the implied warranty of habitability
c. Can resort only to federal law for help
d. Should see if there is a constitutional provision to help him on contract rights
The servient estate is the owner of the easement.
A debtor can create a valid security agreement through authentication.
The Americans with Disabilities Act’s requirements for access apply only to tenants, not
landlords.
The fee simple determinable carries with it the future interest of power of termination.
American Rural Properties, Inc. is preparing to sell one’‘acre parcels near a ski resort
for vacation home sites. Currently, the parcels have access and underground utilities.
What procedures will American need to follow in order to sell the parcels?
Discuss the requirements for a valid prenuptial agreement.
Grant Woods conveys a tract of land to Dee Dee Fitzpatrick. Dee Dee does not record
her deed. Grant then conveys the same tract of land to Joe Arpaio, who also does not
record his deed, but Joe is unaware of Dee Dee’s acquisition. Then Grant conveys the
same property to Larry Davis who knows about Dee Dee and Joe but records his deed.
Who has title to the property under a race state statute?
a. Grant
b. Dee Dee
c. Joe
d. Larry
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