Free CA Real Estate Sales Question and Answers

Question 1

The next three real estate words are closely related. Which phrase is not a part of the group?

Accepted Answer

Easement

Answer

Judgement, attachment, and lien are all forms of financial encumbrances or legal claims against a property, typically to secure a debt or satisfy a court order. An easement, however, is a non-possessory right to use another's land for a specific purpose, such as a right-of-way, and does not represent a financial claim or debt against the property itself. Therefore, an easement is distinct from the other terms as it grants a specific use right rather than a financial interest.

Question 2

A deed's restrictive covenant that forbids sales to people of a specific race will:

Accepted Answer

Have no effect on the conveyance, and the covenant will be null and void.

Answer

Restrictive covenants that discriminate based on race are illegal and unenforceable under the Fair Housing Act and the Civil Rights Act of 1866. While the deed itself remains valid and the property is conveyed, the discriminatory covenant is rendered null and void by law. It cannot be enforced and does not invalidate the entire conveyance, ensuring that property rights are not unjustly restricted by discriminatory clauses.

Question 3

Protective covenants that impose limitations on lot grantees in a new subdivision are likely to be found in the following:

Accepted Answer

Recorded declaration of the restrictions

Answer

Protective covenants, also known as CC&Rs (Covenants, Conditions, and Restrictions), for a new subdivision are typically established in a master document called a 'Declaration of Restrictions.' This document is recorded in the public records of the county where the property is located, making the limitations legally binding on all current and future lot owners within the subdivision. This ensures uniformity and maintains property values according to the developer's plan.

Question 4

When a husband and wife own property jointly, the wife has the following legal rights:

Accepted Answer

None of the property

Answer

This question is likely based on a specific interpretation or historical context where 'jointly' might refer to a marital understanding rather than a legal title. In modern real estate law, if a husband and wife *legally* own property jointly (e.g., as joint tenants or tenants by the entirety), the wife would indeed have significant legal rights, typically an undivided interest in the entire property. However, if the property is titled solely in the husband's name, even if they consider it 'jointly owned' in a colloquial sense, the wife would not have direct legal ownership rights to the property itself, though she would have marital rights such as dower, curtesy, or community property interests in its value, depending on the jurisdiction.

Question 5

The estate of a joint tenancy

Accepted Answer

Is a single estate

Answer

In a joint tenancy, all co-owners hold an undivided interest in the entire property, meaning they collectively own a single estate. Each joint tenant has the right to possess the whole property, and upon the death of one tenant, their interest automatically passes to the surviving joint tenants, rather than to their heirs. This 'right of survivorship' is a defining characteristic of a joint tenancy, distinguishing it from other forms of co-ownership.

Real Estate Sales Exam Practice Test

Real Estate Sales Exam Practice Test

Free CA Real Estate Sales Question and Answers