Real Estate Law: Licensing, Brokerage, and Contracts
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Questions and Answers

What is the minimum age required to obtain a real estate license?

  • 25 years old
  • 21 years old
  • 18 years old (correct)
  • 16 years old
  • Which type of contract involves promises for promises?

  • Unilateral contract
  • Bilateral contract (correct)
  • Executory contract
  • Executed contract
  • What is the primary purpose of an appraisal?

  • To estimate the cost of repairs
  • To provide financing options
  • To inspect for defects
  • To determine the market value of a property (correct)
  • Which article of the REALTOR Code of Ethics deals with duties to customers?

    <p>Article 3</p> Signup and view all the answers

    What type of mortgage has an interest rate that can change over time?

    <p>Adjustable-rate mortgage</p> Signup and view all the answers

    What is the term for the process of gradually paying off a debt?

    <p>Amortization</p> Signup and view all the answers

    What is a common type of encumbrance on a property?

    <p>All of the above</p> Signup and view all the answers

    What is the primary purpose of disclosure in a real estate transaction?

    <p>To provide transparency and fairness</p> Signup and view all the answers

    Study Notes

    Real Estate Law

    • Licensing Requirements:
      • Age: 18 years old
      • High school diploma or equivalent
      • 63 hours of approved pre-licensing education
      • Pass the state exam
    • Brokerage Relationships:
      • Types: transaction broker, single agent, no brokerage relationship
      • Disclosure requirements
    • Real Estate Contracts:
      • Types: listing agreements, purchase agreements, lease agreements
      • Essential elements: offer, acceptance, consideration, capacity
    • Property Rights:
      • Types: fee simple, life estate, easements
      • Encumbrances: mortgages, liens, encroachments
    • Real Estate Taxes:
      • Types: ad valorem, non-ad valorem
      • Tax implications for buyers and sellers

    Contracts

    • Elements of a Valid Contract:
      • Offer
      • Acceptance
      • Consideration
      • Capacity
      • Legality
    • Types of Contracts:
      • Bilateral: promises for promises
      • Unilateral: promise for an act
      • Executory: promises for future performance
      • Executed: fully performed
    • Real Estate Contract Provisions:
      • Deposit requirements
      • Financing contingencies
      • Inspection contingencies
      • Closing procedures
    • Contractual Rights and Obligations:
      • Seller's obligations: disclosure, warranties
      • Buyer's obligations: payment, inspection

    Appraisal

    • Appraisal Methods:
      • Sales Comparison Approach
      • Cost Approach
      • Income Approach
    • Appraisal Process:
      • Inspection
      • Data collection
      • Analysis
      • Report preparation
    • Appraisal Report:
      • Contents: property description, value opinion, limitations
      • Types: oral, written, self-contained
    • Appraisal Standards:
      • USPAP (Uniform Standards of Professional Appraisal Practice)

    Ethics

    • REALTOR Code of Ethics:
      • Preamble: professionalism, fairness, integrity
      • Articles: duties to clients, duties to customers, duties to REALTORS
    • Ethical Obligations:
      • Confidentiality
      • Disclosure
      • Loyalty
      • Accounting
    • Ethical Dilemmas:
      • Conflict of interest
      • Dual agency
      • Misrepresentation
    • Penalties for Unethical Behavior:
      • License suspension or revocation
      • Fines
      • Legal action

    Financing

    • Types of Mortgages:
      • Fixed-rate
      • Adjustable-rate
      • Government-backed (FHA, VA, USDA)
      • Jumbo loans
    • Financing Options:
      • Conventional financing
      • Owner financing
      • Hard money lending
    • Mortgage Process:
      • Application
      • Processing
      • Underwriting
      • Closing
    • Financing Terminology:
      • Amortization
      • APR (Annual Percentage Rate)
      • PITI (Principal, Interest, Taxes, Insurance)

    Real Estate Law

    • To become a real estate agent, you must be at least 18 years old, have a high school diploma or equivalent, complete 63 hours of approved pre-licensing education, and pass the state exam.
    • There are three types of brokerage relationships: transaction broker, single agent, and no brokerage relationship, which require specific disclosure requirements.

    Contracts

    • A valid contract must have five essential elements: offer, acceptance, consideration, capacity, and legality.
    • There are four types of contracts: bilateral, unilateral, executory, and executed contracts.
    • Real estate contracts include listing agreements, purchase agreements, and lease agreements, which require specific provisions like deposit requirements, financing contingencies, and inspection contingencies.

    Appraisal

    • The three main appraisal methods are the Sales Comparison Approach, Cost Approach, and Income Approach.
    • The appraisal process involves inspection, data collection, analysis, and report preparation.
    • An appraisal report includes a property description, value opinion, and limitations, and can be oral, written, or self-contained.

    Ethics

    • The REALTOR Code of Ethics is a set of principles for real estate professionals, including a preamble and articles outlining duties to clients, customers, and other REALTORS.
    • Ethical obligations include maintaining confidentiality, disclosing relevant information, and being loyal to clients.
    • Ethical dilemmas may arise from conflicts of interest, dual agency, and misrepresentation, and can result in penalties like license suspension or revocation, fines, and legal action.

    Financing

    • There are several types of mortgages, including fixed-rate, adjustable-rate, government-backed, and jumbo loans.
    • Financing options include conventional financing, owner financing, and hard money lending.
    • The mortgage process involves application, processing, underwriting, and closing, and requires an understanding of financing terminology like amortization, APR, and PITI.

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