Prenuptial agreements can be set aside if undue pressure was exerted.
Conditions precedent may serve to excuse the buyer’s or seller’s performance under the
purchase contract.
An option requires a seller to hold an offer open for the stated period of time and is
irrevocable.
Ad valorem means all taxpayers pay equal amounts.
In a subdivision trust, the buyer is the only beneficiary.
Steering is the same as blockbusting.
Brokers must disclose information on sex offenders if a buyer asks about it specifically.
States need not follow the Fifth Amendment in their eminent domain proceedings
against property owners.
The Secure and Fair Enforcement of the Mortgage Licensing Act of 2008 provides
mortgage relief for home buyers who secured their mortgages prior to January 2007.
A sheriff’s deed is an example of a judicial deed.
In beginning-of-construction states, lien priority is as of the time of the lien filing.
‘I am thinking of selling my house. Are you interested?’, is not an offer.
There are no warranties of habitability for condominium purchasers.
Under the URLTA, the landlord is required to furnish special notice to the tenant if the
security deposit is to be retained.
Antiblockbusting statutes have not survived constitutional challenges.
A proprietary lease is used in a co’‘op development.
A township is six miles square.
Under the common law rule for lien-holder priority, the start date of work is irrelevant.
The implied warranty of habitability does not apply once a tenant moves in.
Aesthetic zoning
a. For purposes of aesthetics only is unconstitutional
b. Exceeds the police power
c. Can never be valid
d. None of the above
When a grantor conveys a possibility of reverter to another, the interest created is
a. An executory interest
b. A possibility of reverter
c. A reversion
d. A remainder
e. None of the above
With reference to #40, suppose that a court finds that the will was revoked and that
Reed died intestate. Under the Uniform Probate Code, who would inherit his estate?
Reed has no living relatives other than his son and daughter.
a. The estate would escheat to the state
b. The son and daughter would each get one-half of the estate
c. The son and daughter cannot inherit anything because Reed told his neighbor he did
not want them to have anything
d. The neighbor would get the estate because Reed made his intentions clear that
anyone other than his son and daughter should get his property
Which of the following is not included on a plat map?
a. Lot size
b. Government survey description
c. Easements
d. All of the above are included
In October 1981, Robert E. Hinkle leased to Raymond Arington the Dixie Plaza in
Upshur County, West Virginia. The lease agreement contained the following clause:
Any improvements made to the leased premises shall, upon termination of this lease or
the termination of any extension thereof, become the property of the lessor.
Arington hired Dunlap and others to do electrical and carpentry work to a building
located on the premises. Arington went out of business shortly thereafter, owing Dunlap
money for wages and materials.
On March 3, 1982, Dunlap filed a mechanic’s lien against the property. That same day
he filed a suit to enforce the lien against Arington and Hinkle. Can Arington and Hinkle
be subject to a mechanic’s lien and its foreclosure?
a. No, Hinkle cannot be subject to a mechanic’s lien unless he was involved with or
agreed to the improvements
b. Yes, Hinkle can be subject to a mechanic’s lien because the provision in the lease
finds him benefiting from them
c. Yes, Hinkle can be subject to the mechanic’s lien if he did nothing to stop the work of
Dunlap
d. No, Hinkle cannot be subject to a mechanic’s lien unless he signed a contract with
Dunlap
Jerolyn Griffeth, a widow, had three daughters: Anna, Hannah, and Malia. Her will
provided that upon her death her estate would be divided per capita among her
daughters, and if a daughter predeceased her, to have any grandchildren receive that
daughter’s share. When Jerolyn passed away, Malia had predeceased her, but Malia had
two daughters: Sasha and Talia. Which of the following is correct for the distribution of
Jerolyn’s estate?
a. Anna, Hannah, Sasha, and Talia each get one-fourth of the estate
b. Anna and Hannah get one-third of the estate and Sasha and Talia each get one-sixth
c. Anna and Hannah each get one-half of the estate
d. None of the above
Which of the following is not an example of a statutory lien?
a. Mortgage
b. Mechanics’ lien
c. Judgment
d. Both a and c
e. None of the above
a The Sacramento airport is located 15 miles from the edge of the city proper. When the
airport was first built in 1967, the airport was located almost 20 miles from the edge of
the city proper. Between 1967 and 2009, the edges of the city expanded toward the
airport. Some of the housing developments from 2006-2008 are located just 5 miles
from the airport. The owners of those home have now filed complaints against the city
and the FAA for nuisance because of the noise from the planes taking off and landing
directly over their homes. Which is the best defense for the city and FAA?
a. The landowners moved to the nuisance
b. Airplane noise is always exempt from nuisance actions
c. The city and FAA will need to move the airport; there really is no noise abatement for
planes flying overhead
d. Federal law preempts state nuisance laws
Which of the following is a breach of the broker’s fiduciary duty?
a. Withholding negative information about the buyer
b. Extending the listing agreement
c. Collecting a net commission
d. Demanding a commission when the buyer is ready, willing and able
e. None of the above
Which of the following would be paid first when a personal representative is handling
the distributions of an estate?
a. Specific grants, bequests and devises
b. Administrative expenses
c. General distributions
d. Advancements
August 1, 2012 ‘“ Mortgage recorded
January 3, 2013 ‘“ Lien recorded
January 31, 2013 ‘“ Owner conveys to buyer; buyer records
These transactions take place in a notice/race state. If the owner defaults on the
mortgage, who gets the property?
a. The buyer
b. The mortgage company
c. The owner
d. None of the above
What are the requirements for just compensation?
a. Fair market value
b. The amount the government entity gains through taking the property
c. A reasonable value
d. What a seller would pay when a buyer has no choice
There are criminal penalties for violations of RESPA.
What percentage of home buyers believe that the real estate agent for the seller
represents them?
a. 25%
b. 50%
c. 72%
d. 78%
How have environmental concerns affected the prior appropriation doctrine?
a. The prior appropriation doctrine has not been changed or affected by environmental
concerns because of its common-law status
b. The prior appropriation doctrine is pre-empted by environmental laws
c. Courts have been balancing environmental concerns with the prior appropriation
rules on water ownership
d. The U.S. Supreme Court has eliminated the prior appropriation doctrine under the
Arizona v. Colorado decision
Rhonda Whelan, a broker, has found a buyer for Melinda Grant’s home. Rhonda is the
listing broker for the home. The buyer is qualified to purchase the home and has agreed
to pay Melinda’s asking price. Melinda tells Rhonda, ‘I know it is a good offer, but I’ve
changed my mind. I don’t want to sell.’
a. Melinda need not pay the commission because the sale did not go through
b. Rhonda is still entitled to her commission
c. There is no offer because it did not come from the seller
d. Melinda owes a percentage of the commission
No pet rules in associations are
a. Constitutionally invalid
b. Valid if exemptions are made for smaller pets
c. Valid and unforceable
d. None of the above
What is the effect of attaching a plat map to a deed with the following description: ‘The
Doonesbury Inn at Salisbury, Maryland.’
a. The description would still be invalid
b. The description would be valid with the plat map
c. The description would be ambiguous because a plat map cannot be used for
commercial properties
d. None of the above
Bill Sharp has a cabin located on the border of the national forest. He also owns the lot
behind his cabin which is located on a cul-de-sac in his rustic subdivision. Over the
years, other landowners in the area as well as members of the public have parked in the
cul-de-sac and then hiked into the national forest through Bill’s lot behind his cabin. Bill
has owned the cabin for 22 years. He has posted ‘No trespassing’ signs at three locations
on his lot, but the hikers have ignored them. Bill is at his cabin during the summer
months and on an occasional weekend and holiday during the year. Have Bill’s rights
been affected by the hikers’ use of his lot?
Discuss the differences in rent terminology pertaining to commercial leases.
A financing statement is effective for five years.
A percentage of gross sales rent clause includes all revenues unless specified otherwise.
An increase in the landlord’s taxes is generally a specific happenings event that permits
the landlord to raise tenants’ rent.
What penalties exist for violations of federal environmental regulations?
Tom Comstock was under water in his house, with a mortgage of $320,000 and a
property value of $200,000. He walked away from the property. When taxes became
due, the mortgage company did not pay them as usual because the mortgage company
had gone into bankruptcy. The assessor tried to send a notice to Tom, but he was not at
the address. The assessor sold the property at a tax sale. Tom is trying to set aside the
sale because he was not notified. Which of the following is correct?
a. The assessor had to do more than just mail the notice to the property address
b. The assessor is not required to do more than mail the notice to the property address
c. The assessor cannot conduct the tax sale until it notifies Tom
d. None of the above
HUD is an example of a federal agency charged with enforcing a federal legislative
enactment.
A tenant’s sign attached to its leased property in a strip mall is a fixture.
First Fifth Bank has a mortgage lending program that discounts the interest rates on
mortgages in certain areas. For example, if there are certain areas of a city in which the
repayment rate for mortgages is high, First Fifth charges lower interest rates to the
homebuyers in those areas. Discuss whether there are any constitutional or Fair
Housing Act issues.