NY Bar Real Property

Question 1

Under New York law, which type of deed provides the GREATEST protection to a grantee by including covenants of seisin, right to convey, against encumbrances, quiet enjoyment, warranty, and further assurances?

Accepted Answer

Statutory warranty deed (full covenant and warranty deed)

Answer

A full covenant and warranty deed (statutory warranty deed) contains all six covenants of title and provides the greatest protection to the grantee.

Question 2

In New York, when a grantor delivers a deed to a grantee but the grantee has not yet recorded it, and the grantor subsequently sells the same property to a bona fide purchaser for value who records first, who prevails under New York's recording act?

Accepted Answer

The second purchaser, because New York follows a race-notice statute

Answer

New York follows a race-notice recording statute, so a subsequent bona fide purchaser for value who records first without notice of the prior conveyance prevails.

Question 3

A testator devises Blackacre 'to A for life, then to B and her heirs.' B predeceases A. What interest, if any, does B's estate hold at the moment of B's death?

Accepted Answer

A vested remainder in fee simple, which passes to B's heirs or devisees

Answer

B holds a vested remainder in fee simple absolute; because it is already vested, it passes through B's estate and is not extinguished by B predeceasing the life tenant.

Question 4

Under New York's Statute of Frauds, which of the following is required for a contract for the sale of real property to be enforceable?

Accepted Answer

The contract must be in writing and signed by the party to be charged

Answer

New York's Statute of Frauds (GOL § 5-703) requires that a contract for the sale of real property be in writing and subscribed by the party to be charged or their lawful agent.

Question 5

In New York, a landlord's failure to maintain a residential premises in a habitable condition gives a tenant which of the following remedies?

Accepted Answer

Rent abatement or withholding pursuant to RPL § 235-b, with proper notice and procedure

Answer

New York RPL § 235-b codifies the implied warranty of habitability, allowing tenants to seek rent abatement or withhold rent, but proper notice and procedure must be followed.

NY Bar - New York Bar Exam Practice Test

NY Bar - New York Bar Exam Practice Test

NY Bar Real Property