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Questions and Answers
Does the seller have the right to terminate the listing contract?
Does the seller have the right to terminate the listing contract?
Yes, but the seller has the right to refuse the offer.
Which type of validity does a contract signed under a threat fall under?
Which type of validity does a contract signed under a threat fall under?
- Void
- Valid
- Voidable (correct)
- Enforceable
What is the status of the transaction if the buyer withdraws their offer after the seller signs it?
What is the status of the transaction if the buyer withdraws their offer after the seller signs it?
- The offer is withdrawn and no contract formed (correct)
- A binding contract was formed
- The seller can sue for breach
- The buyer must honor the contract
What law requires contracts to convey an interest in real property to be in writing?
What law requires contracts to convey an interest in real property to be in writing?
What may NOT terminate a real estate sales contract?
What may NOT terminate a real estate sales contract?
What could be a remedy available for breach of contract?
What could be a remedy available for breach of contract?
If a buyer offers terms including an appliance and those terms are countered and not included, what doctrine applies?
If a buyer offers terms including an appliance and those terms are countered and not included, what doctrine applies?
What is true regarding a Contract for Deed?
What is true regarding a Contract for Deed?
Which situation describes a 'Buydown'?
Which situation describes a 'Buydown'?
Match the following loan terms with their descriptions:
Match the following loan terms with their descriptions:
Lenders can originate the loan higher than the Certificate of Reasonable Value.
Lenders can originate the loan higher than the Certificate of Reasonable Value.
The lender must provide the Closing Disclosure at least 3 business days prior to the date of settlement when delivered electronically.
The lender must provide the Closing Disclosure at least 3 business days prior to the date of settlement when delivered electronically.
What trigger term was used in a recent advertisement mentioning a specific loan interest rate?
What trigger term was used in a recent advertisement mentioning a specific loan interest rate?
Which statements would constitute a 'trigger term' under Truth in Lending Regulation Z?
Which statements would constitute a 'trigger term' under Truth in Lending Regulation Z?
What clause is not typically found in an FHA 203b mortgage loan?
What clause is not typically found in an FHA 203b mortgage loan?
What method of financing is indicated when the seller remains responsible for finance payments on a property?
What method of financing is indicated when the seller remains responsible for finance payments on a property?
How would an adjustment be made for a property comparison in square footage?
How would an adjustment be made for a property comparison in square footage?
Which of the following are components of a window? (Select all that apply)
Which of the following are components of a window? (Select all that apply)
What zoning term describes a request for a slight deviation from the current ordinance?
What zoning term describes a request for a slight deviation from the current ordinance?
What does the Standard 2-T Offer to Purchase and Contract allow for?
What does the Standard 2-T Offer to Purchase and Contract allow for?
Which property ownership right sets a boundary at the mean high tide water mark?
Which property ownership right sets a boundary at the mean high tide water mark?
Which of the following statements is TRUE when a licensee is writing an offer using the Standard NCAR/NCBA 2-T?
Which of the following statements is TRUE when a licensee is writing an offer using the Standard NCAR/NCBA 2-T?
In a buyer's offer on a property already under contract, what should the broker include?
In a buyer's offer on a property already under contract, what should the broker include?
Which of the following is a permitted activity for the listing broker when receiving multiple offers on a property?
Which of the following is a permitted activity for the listing broker when receiving multiple offers on a property?
What must a standard purchase contract state?
What must a standard purchase contract state?
What options does a tenant have if they complained about a non-functioning toilet?
What options does a tenant have if they complained about a non-functioning toilet?
What type of leasehold interest does a tenant have if they rent a house for an initial term of 18 months requiring a 60-day notice to vacate?
What type of leasehold interest does a tenant have if they rent a house for an initial term of 18 months requiring a 60-day notice to vacate?
What is required by a municipality extending city services to a neighborhood previously serviced by well and septic?
What is required by a municipality extending city services to a neighborhood previously serviced by well and septic?
Which entities would be EXEMPT from obtaining a separate firm license?
Which entities would be EXEMPT from obtaining a separate firm license?
A full broker affiliated with Exceptional Realty must include the firm name in all advertisements.
A full broker affiliated with Exceptional Realty must include the firm name in all advertisements.
Who is generally exempt from having a broker's license?
Who is generally exempt from having a broker's license?
What must a valid listing agreement include?
What must a valid listing agreement include?
If a licensee allows their license to expire or be revoked, what action should be taken?
If a licensee allows their license to expire or be revoked, what action should be taken?
What is the license status of a licensee on June 28 if they have failed to complete their required continuing education?
What is the license status of a licensee on June 28 if they have failed to complete their required continuing education?
Which of the following ads run by a provisional broker would be acceptable?
Which of the following ads run by a provisional broker would be acceptable?
If a licensee sells their own home 'For Sale By Owner' and leaves out material facts, can they be disciplined?
If a licensee sells their own home 'For Sale By Owner' and leaves out material facts, can they be disciplined?
With regard to the activation of licenses, which of the following statements is NOT true?
With regard to the activation of licenses, which of the following statements is NOT true?
What must Bonnie do to bring her inactive license to active status?
What must Bonnie do to bring her inactive license to active status?
Which party MOST likely has the authority to levy special assessment fees against a property?
Which party MOST likely has the authority to levy special assessment fees against a property?
What kind of title does a seller with unquestionable ownership claim on a property for the past 10 years have?
What kind of title does a seller with unquestionable ownership claim on a property for the past 10 years have?
What term describes leaving real property to heirs using a will?
What term describes leaving real property to heirs using a will?
What deed would most likely be used to convey property to the wife in a divorce situation?
What deed would most likely be used to convey property to the wife in a divorce situation?
What must be present in a valid deed?
What must be present in a valid deed?
What do public regulations of land use include?
What do public regulations of land use include?
If a commercial property needs additional parking spaces, what should the property owner do?
If a commercial property needs additional parking spaces, what should the property owner do?
What is an odorless, colorless gas that may cause lung cancer?
What is an odorless, colorless gas that may cause lung cancer?
Which housing type is targeted for possible presence of lead-based paint?
Which housing type is targeted for possible presence of lead-based paint?
Why is asbestos an environmental concern?
Why is asbestos an environmental concern?
When must a firm disclose and obtain consent for dual agency?
When must a firm disclose and obtain consent for dual agency?
Which of the following would NOT create an agency relationship?
Which of the following would NOT create an agency relationship?
Which type of agency represents a landlord?
Which type of agency represents a landlord?
Most property managers are categorized under which classification of agency?
Most property managers are categorized under which classification of agency?
What should a salesperson do when presenting a written offer to the seller?
What should a salesperson do when presenting a written offer to the seller?
In an exclusive agency listing agreement, when is a seller exempt from paying compensation?
In an exclusive agency listing agreement, when is a seller exempt from paying compensation?
What type of contract describes an optionor giving an option to purchase over 5 years?
What type of contract describes an optionor giving an option to purchase over 5 years?
An agent may call clients in his database to ask for referrals even if they appear on the do not call list.
An agent may call clients in his database to ask for referrals even if they appear on the do not call list.
What is the purpose of a Multiple or Cooperative Listing Service?
What is the purpose of a Multiple or Cooperative Listing Service?
What should the listing agreement include when a seller lacks the funds to complete a sale?
What should the listing agreement include when a seller lacks the funds to complete a sale?
A real estate agent may contact a consumer they have a business relationship with for up to 18 months after the consumer's last purchase.
A real estate agent may contact a consumer they have a business relationship with for up to 18 months after the consumer's last purchase.
What is TRUE regarding the first buyer who made an offer on a listed property?
What is TRUE regarding the first buyer who made an offer on a listed property?
If Mr. Jones makes a full price offer on a home contingent on his wife approving the contract, what will happen?
If Mr. Jones makes a full price offer on a home contingent on his wife approving the contract, what will happen?
Study Notes
Window Components
- Key components of a window include: Sole plate, Header, Stud, Top plate.
Zoning Variance
- A variance is a request for a slight deviation from current zoning ordinances.
Real Estate Contract Delay
- The Standard 2-T Offer to Purchase and Contract allows a 14-day delay in settlement before the contract can be terminated.
Property Ownership Rights
- The littoral property ownership right establishes boundaries at the mean high tide water mark.
Licensee Changes
- Licensees can amend the Standard 2-T contract when making offers on properties.
Backup Offers
- When making an offer on a property already under contract, a buyer's broker should include a back-up contract addendum.
Broker Duties with Multiple Offers
- A listing broker must present all offers to the seller to facilitate decision-making.
Transfer of Property
- A standard purchase contract must specify that the seller will transfer property via a general warranty deed.
Tenant Rights
- A tenant may cease rent payments and vacate if a landlord fails to address significant maintenance issues.
Estate Types
- An estate at will allows a tenant to occupy a property until a specified legal process is completed (e.g., condemnation).
Municipality Assessments
- Municipalities may charge special assessments to current owners when extending essential services like water and sewer.
License Exemptions
- Certain entities, such as legal corporations selling property, are exempt from obtaining a separate brokerage license.
Advertising Compliance
- Real estate advertisements must include the firm's name to comply with commission rules.
Material Fact Disclosure
- Brokers must disclose material facts, even if selling their own properties as "For Sale By Owner."
Continuing Education for License Activation
- Non-provisional brokers must complete 8 hours of continuing education before activating an inactive license.
Disclosure of Agency Status
- Disclosure of agency status is required when certain first contacts occur, but showing a home does not necessitate it.
Material Facts in North Carolina
- Synthetic stucco, even if removed, is considered a material fact that must be disclosed.
Dual Agency Notification
- Sellers should be informed of the buyer's designated agent upon initial contact.
Real Estate Brochure Purpose
- The Working with Real Estate Agents brochure clarifies the types of agency relationships in real estate transactions.
Agency Disclosure in Leasing
- Commercial agents must use the agency disclosure brochure for sales transactions but not for leases.
Required Home Disclosure
- Sellers of new homes must provide a Mineral and Oil and Gas Rights disclosure.
Buyer Agency Agreement Termination
- A buyer agency agreement with a sole practitioner ends upon the practitioner's death.
Special Assessment Authority
- Other homeowners in a neighborhood can levy special assessment fees by majority vote.
Title Status
- A seller with an unquestionable ownership claim over ten years has a "clear" title.
Bequest Definition
- Bequest refers to the process of leaving real property to heirs through a valid will.
Nonwarranty Deed Usage
- A nonwarranty deed is commonly utilized during the resolution of interests in a marital home during divorce.
Valid Deed Requirements
- A valid deed must include delivery and voluntary acceptance by the grantee.
Land Use Regulation
- Public regulations of land usage oversee subdivision plans.
Seeking Variance for Parking
- Property owners needing more parking spaces should seek a variance to accommodate their business needs.
Environmental Concerns
- Radon is an odorless, colorless gas that poses lung cancer risks.
Lead-Based Paint Concerns
- Properties built before 1978 are potential targets for lead-based paint assessments.
Asbestos Risks
- Asbestos is considered an environmental concern due to its ability to become airborne and cause lung diseases.
Dual Agency Disclosure Timing
- Firms must disclose and obtain consent for dual agency before acting in such capacities.
Creating Agency Relationships
- The payment of money does not create an agency relationship on its own.
Special Agency Description
- A special agency relationship is when an agent performs specific tasks like marketing a property sale.
Buyer Client Obligations
- Agents must advise clients on negotiating strategies when crafting offers.
North Carolina Property Disclosure Act
- Agents are responsible for informing buyers and sellers of their rights and obligations under this act.
Subagent Role
- If a listing firm cooperates with another broker who lacks buyer agency consent, they act as a subagent.
Listing Agent Duties
- Listing agents must notify sellers about ongoing offers and their impact on negotiations.
Information Duty for Buyer Agents
- Buyer agents have a duty to disclose information that could weaken their client's position.
Property Management Agency Type
- Property managers typically operate under general agency due to their broad authority over tasks.
Offer Requirements
- An offer becomes valid and binding only when signed by all parties and communicated.
Commission Rate Policies
- A brokerage maintains the right to refuse commission rate reductions regardless of a seller's request.
All-Risk Insurance Policy
- An HO-3 policy covers structures and personal property for various hazards, meeting lender requirements.
CLUE Report
- A CLUE Report details insurance claims made against a property and is often used by brokers during transactions.
Leasehold Interest
- A tenant with a lease that requires a 60-day notice to vacate likely has an estate from period to period.
Intangible Appurtenance
- HOA covenants exemplify intangible appurtenances that run with the land.
Real Property Ownership Benefits
- Advantages of owning real property include favorable tax treatment.
Joint Tenants Ownership
- Upon Russell's death, his property share passed to Nancy and Jed under joint tenancy laws.
Special Assessment Fee Authority
- Only other homeowners in the area typically have the authority to impose special assessments.
Clear Title Definition
- A clear title indicates unquestioned ownership over real property.
Will and Bequest
- Bequest describes the process of transferring property to heirs as per a deceased’s will.
Nonwarranty Deed in Divorce
- During property division, a nonwarranty deed may be used for transferring ownership in a marital home.
Valid Deed Requirements Recap
- Valid deeds require both delivery and voluntary acceptance by the grantee for legality.
Land Use Public Regulation
- Subdivision plans fall under the oversight of public land use regulations.
Variance for Business Needs
- Property owners may request a zoning variance when needing additional space for business operations.
Health Risk from Radon
- Radon, an invisible gas, poses serious health risks, especially lung cancer.
Lead Risk in Older Homes
- Properties constructed before 1978 should be screened for potential lead-based paint exposure.
Asbestos Health Hazard
- Asbestos can cause severe lung diseases when disturbed, releasing harmful particles into the air.
Consent for Dual Agency
- Firms must disclose dual agency commitments and acquire necessary consents beforehand.
Agency Formation Misconceptions
- Financial transactions alone do not establish an agency relationship without additional context.
Nature of Special Agency
- Special agency agreements restrict an agent to specific tasks, primarily related to property sale or purchase.
Agent Responsibilities
- Agents should provide thorough advice to clients, especially regarding negotiating strategies.
Compliance with Property Disclosure Act
- Duty includes educating clients on their rights and responsibilities as outlined in property law.
Role of Subagent Clarification
- Subagents operate under the direction of a listing firm without buyer agency consent, fulfilling commission roles.
Notification Duties of Listing Agents
- Agents are obligated to communicate any significant offers to sellers promptly.
Buyer Agency Obligations
- Agents must inform buyers of any vulnerabilities relating to their contract position.
Classification of Property Managers
- The majority of property managers function under general agency due to their expansive responsibilities.
Offer to Purchase Validity
- Contracts only become binding upon both parties’ signatures and proper communication.
Commission Agreement Policies
- Agents can set policies regarding commission reductions despite client's requests.
All-Risk Insurance Description
- All-risk coverage under an HO-3 policy fulfills lender coverage requirements for structures and contents.
Insurance Claims Report
- CLUE Reports provide insight into past claims against a property and are essential in real estate transactions.
Lease Terms Classification
- Tenants with a two-month notice requirement likely possess an estate governed by periodic leases.
Example of Appurtenances
- Intangible appurtenances like HOA restrictions are legally tied to property ownership.
Real Estate Ownership Advantages
- Homeownership can deliver substantial tax benefits.
Ownership Changes After Death
- Joint tenancy allows Russell's shares to pass directly to Nancy and Jed upon his passing.
Authority for Special Assessments
- Typically, it is fellow homeowners within a neighborhood who have the ability to enforce fees.
Title Legitimacy
- A clear title reflects an owner’s verifiable and uncontested claim to the property.
Terms Related to Wills
- The term 'bequest' is specifically used to describe property transferred through a will.
Nonwarranty Deed During Divorce
- Couples may utilize a nonwarranty deed to transfer sole ownership of a shared home amid divorce proceedings.
Deed Validity Essentials
- Fundamental requirements for a deed's validity encompass voluntary acceptance and delivery to the rightful party.
Usage of Land Plans
- Public oversight governs the regulations surrounding land including subdivision layouts.
Variance Requests for Business Operations
- Owners facing logistical challenges often file for variances to secure necessary operational adjustments.
Risks Associated with Radon Exposure
- Given its odorless nature, radon poses significant health risks, particularly linked to lung cancer.
Assessing Lead in Older Properties
- Properties built prior to 1978 are potential candidates for lead paint inspections and risk assessments.
Asbestos and Health Risks
- Asbestos creates major public### Transaction Status
- Offer made for property at 101 Jones Ferry Avenue on April 10.
- B’s agent delivered signed offer to seller on April 11.
- B accepted A's offer by signing the document.
- A withdrawn offer on April 11 via email to A’s agent.
- A’s agent left voicemail for B’s agent regarding withdrawal, which B’s agent did not receive.
- Signed document delivered to A’s agent by B’s agent on April 12, after A's withdrawal.
Statute of Frauds
- Law stipulating contracts to convey real property must be in writing to be enforceable.
Termination of Sales Contract
- A buyer's inability to secure specific loan can lead to contract termination.
- Identifying factors that may not result in termination is crucial.
Liquidated Damages
- Buyers and sellers believe the other has breached a purchase contract.
- Liquidated damages may be a potential remedy for breaches.
Parole Evidence Rule
- A buyer included a washer and dryer in an initial offer, which was conceded in a counteroffer.
- By omitting mention of the washer and dryer in the final counteroffer, it explains why the seller retained them post-closure.
Multiple Offers Strategy
- Seller under Exclusive Right to Sell listing should NOT advise the broker to counter each offer at the highest price.
Contract for Deed
- True statement: it serves as both a contract to convey real property and a financing instrument.
Buydown
- Refers to a situation where a builder prepays interest to lower loan interest rates temporarily in early years.
Lien Theory vs. Title Theory
- In Lien Theory, borrower gets title at closing.
- In Title Theory, borrower gets equitable title at closing.
TRID Regulations
- Lender must provide Closing Disclosure at least 3 business days before settlement if delivered electronically.
Advertising Trigger Terms
- Example of trigger term: terms that indicate specific payment amounts or rates.
VA Loans
- Lenders can issue loans above the Certificate of Reasonable Value under certain conditions.
FHA 203b Clause Restrictions
- Due on Sale Clause not permitted in an FHA 203b mortgage loan.
Common Promissory Note Clauses
- Voluntary alienation clause is among common clauses in promissory notes.
Financing Statements
- VA loans are recognized for having the highest loan-to-value ratios compared to FHA and conventional loans.
"Subject To" Loans
- Method of financing where the seller remains responsible for mortgage payments despite the sale.
Print Advertisement Regulations
- Any marketing statement that involves specific low monthly payments must disclose all material terms of the loan.
Equal Credit Opportunity Act
- Borrowers on public assistance are afforded protections under this act against discrimination.
Sales Comparison Approach Adjustments
- To adjust for square footage, subtract the difference in value between subject property and comparable property.
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