Real Estate Salesperson Licensing Exam — Questions and Answers
Question 1: The income approach to value is most commonly used for:
- Income-producing investment properties (Correct answer)
- Single-family owner-occupied homes
- New construction only
- Vacant land only
Correct answer: Income-producing investment properties
The income approach estimates value by capitalizing or discounting the property's income stream, making it ideal for rental and commercial properties.
Question 2: CAM (Common Area Maintenance) charges in a commercial lease are used to cover:
- Shared costs for lobbies, parking lots, landscaping, and hallways (Correct answer)
- The tenant's private office maintenance
- Property management fees only
- Roof and structural repairs exclusively
Correct answer: Shared costs for lobbies, parking lots, landscaping, and hallways
CAM charges allocate each tenant's proportionate share of maintaining shared spaces in multi-tenant properties such as shopping centers and office buildings.
Question 3: TILA (Truth in Lending Act) requires lenders to disclose the:
- Annual Percentage Rate (APR) and total finance charges (Correct answer)
- Seller's net proceeds
- Agent's commission structure
- Appraised value of the property
Correct answer: Annual Percentage Rate (APR) and total finance charges
TILA mandates clear disclosure of the APR, total cost of credit, and other loan terms so borrowers can compare loan offers accurately.
Question 4: Functional obsolescence in real estate is caused by:
- Deferred maintenance
- Outdated design, layout, or features within the property itself (Correct answer)
- Factors external to the property
- Physical wear and tear over time
Correct answer: Outdated design, layout, or features within the property itself
Functional obsolescence results from features within the property that are outdated, inadequate, or no longer desired by the market, such as a single bathroom in a large home.
Question 5: A private restriction placed in a deed that limits how a property can be used is called a:
- Easement
- Variance
- Deed restriction (covenant) (Correct answer)
- Zoning ordinance
Correct answer: Deed restriction (covenant)
A deed restriction (also called a restrictive covenant) is a private limitation written into a deed that runs with the land and binds all future owners.
Question 6: FHA loans are attractive to first-time buyers primarily because they allow:
- No mortgage insurance
- Unlimited loan amounts
- Down payments as low as 3.5% with lower credit score requirements (Correct answer)
- No down payment required
Correct answer: Down payments as low as 3.5% with lower credit score requirements
FHA loans, insured by the Federal Housing Administration, allow down payments as low as 3.5% and accept lower credit scores than conventional loans.
Question 7: The implied warranty of habitability requires landlords to:
- Provide luxury amenities
- Guarantee no vacancies
- Maintain the premises in a safe, sanitary, and livable condition (Correct answer)
- Provide rent-free living during repairs
Correct answer: Maintain the premises in a safe, sanitary, and livable condition
The implied warranty of habitability is a legal doctrine holding landlords responsible for maintaining rental properties in a condition fit for human habitation.
Question 8: CERCLA, also known as the Superfund law, primarily requires:
- Cleanup of contaminated sites and assigns liability to responsible parties (Correct answer)
- Federal approval for wetland development
- Disclosure of lead paint in homes built before 1978
- Environmental impact statements for new construction
Correct answer: Cleanup of contaminated sites and assigns liability to responsible parties
CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act) creates a federal program to clean up sites contaminated with hazardous substances and holds responsible parties liable for cleanup costs.
Question 9: A cloud on title refers to:
- Any outstanding claim, lien, or encumbrance that may impair the owner's clear title (Correct answer)
- A property located in a flood zone
- Undisclosed easements only
- Digital title records stored online
Correct answer: Any outstanding claim, lien, or encumbrance that may impair the owner's clear title
A cloud on title is any defect, claim, or encumbrance in the title records that casts doubt on the owner's right to the property and must be resolved before sale.
Question 10: The principle of regression states that a higher-value property placed among lower-value properties will:
- Increase the value of nearby homes
- Experience a decline in value (Correct answer)
- Remain unaffected by its surroundings
- Increase in value over time
Correct answer: Experience a decline in value
Regression holds that a superior property's value is pulled down when surrounded by inferior properties, the opposite of the principle of progression.
Question 11: Steering in real estate refers to an agent's illegal practice of:
- Directing buyers toward or away from neighborhoods based on protected class characteristics (Correct answer)
- Driving clients to property showings
- Negotiating the price on behalf of clients
- Recommending a specific lender to a buyer
Correct answer: Directing buyers toward or away from neighborhoods based on protected class characteristics
Steering is the illegal act of channeling prospective buyers or renters toward or away from certain neighborhoods based on their race, religion, national origin, or other protected characteristics.
Question 12: The Gross Rent Multiplier (GRM) is calculated by dividing the:
- Sale price by the annual gross rental income (Correct answer)
- Vacancy rate by occupancy rate
- Monthly rent by the mortgage payment
- Net operating income by the cap rate
Correct answer: Sale price by the annual gross rental income
GRM = sale price ÷ annual gross rents; it provides a quick, rough estimate of value by comparing price to rental income without accounting for expenses.
Question 13: In a non-judicial (trustee's sale) foreclosure, the property is sold without:
- A public auction
- Lender involvement
- Court supervision, using the power of sale clause in the deed of trust (Correct answer)
- Any notice to the borrower
Correct answer: Court supervision, using the power of sale clause in the deed of trust
Non-judicial foreclosure is carried out under the power of sale clause in a deed of trust, allowing the trustee to sell the property without court oversight after proper notice.
Question 14: The Fair Housing Act of 1968 (and amendments) prohibits discrimination based on:
- Income level and credit score
- Race, color, national origin, religion, sex, familial status, and disability (Correct answer)
- Occupation and marital status
- Age and education level
Correct answer: Race, color, national origin, religion, sex, familial status, and disability
The Fair Housing Act protects seven federally recognized classes from discrimination in the sale, rental, and financing of housing.
Question 15: A conventional loan is characterized by:
- Fixed 30-year term only
- Government insurance or guarantee
- Exclusive use by veterans
- No government backing, conforming to Fannie Mae/Freddie Mac guidelines (Correct answer)
Correct answer: No government backing, conforming to Fannie Mae/Freddie Mac guidelines
Conventional loans are not insured by a government agency and must typically meet conforming limits and standards set by Fannie Mae and Freddie Mac.
Question 16: Which approach to value would an appraiser emphasize most when valuing a new single-family home?
- GRM approach
- Cost approach
- Sales comparison approach (Correct answer)
- Income approach
Correct answer: Sales comparison approach
For residential properties, the sales comparison approach using recent comparable sales is the primary and most reliable method.
Question 17: An escrow account held by a mortgage servicer is used to pay:
- The borrower's credit card bills
- HOA dues only
- The broker's commission at closing
- Property taxes and insurance premiums on behalf of the borrower (Correct answer)
Correct answer: Property taxes and insurance premiums on behalf of the borrower
Lenders often require escrow accounts to collect monthly portions of property tax and insurance, ensuring these bills are paid and protecting the collateral.
Question 18: Which type of deed offers the highest level of protection to a buyer?
- Quitclaim deed
- General warranty deed (Correct answer)
- Special warranty deed
- Bargain and sale deed
Correct answer: General warranty deed
A general warranty deed provides the most protection by guaranteeing the title against all defects, even those arising before the grantor owned the property.
Question 19: A lis pendens is a recorded notice that:
- Provides public notice that the property is subject to pending litigation (Correct answer)
- Transfers title during probate
- Indicates a property is for sale
- Creates a tax lien on the property
Correct answer: Provides public notice that the property is subject to pending litigation
Lis pendens ('suit pending') is a notice recorded in the county records alerting potential buyers and lenders that the property is involved in active litigation.
Question 20: A 1031 exchange (like-kind exchange) allows a real estate investor to:
- Exchange residential property for commercial property with no restrictions
- Defer capital gains taxes by reinvesting proceeds into a like-kind property (Correct answer)
- Combine two investment properties into one
- Sell property and receive all proceeds tax-free permanently
Correct answer: Defer capital gains taxes by reinvesting proceeds into a like-kind property
Under IRC Section 1031, investors can defer capital gains tax on the sale of investment property by reinvesting the proceeds into another like-kind investment property within specified timeframes.
Question 21: Market value is defined as the most probable price a property would sell for:
- After major renovation
- To a related party
- Under distressed conditions
- In an arm's-length transaction between informed and willing parties (Correct answer)
Correct answer: In an arm's-length transaction between informed and willing parties
Market value assumes an arm's-length transaction with a willing buyer and seller, adequate time on the market, and no undue pressure on either party.
Question 22: A mechanic's lien can be filed by a:
- Mortgage lender only
- Contractor, subcontractor, or supplier who performed work or supplied materials for the property (Correct answer)
- Property appraiser
- Real estate agent for unpaid commission
Correct answer: Contractor, subcontractor, or supplier who performed work or supplied materials for the property
Mechanic's liens give contractors, subcontractors, and material suppliers a security interest in the property when they are not paid for improvements.
Question 23: Assignment of a real estate contract transfers the:
- Title to the property
- Contractual rights and obligations to a third party (Correct answer)
- Mortgage to a new lender
- Listing to another broker
Correct answer: Contractual rights and obligations to a third party
Assignment allows the original contracting party to transfer their rights under the contract to a third party, though the assignor may remain liable.
Question 24: A certificate of occupancy (CO) is issued by a local government agency to certify that:
- A building complies with applicable building codes and is safe to occupy (Correct answer)
- A property appraisal is complete
- A tenant has vacated the premises
- A property has sold and closed escrow
Correct answer: A building complies with applicable building codes and is safe to occupy
A CO is issued after inspections confirm a newly constructed or substantially renovated building meets zoning, building codes, and safety requirements.
Question 25: In an adjustable-rate mortgage (ARM), the interest rate is tied to:
- A market index plus a margin (Correct answer)
- The original purchase price
- The prime rate set by the Federal Reserve directly
- The borrower's credit score
Correct answer: A market index plus a margin
ARM rates are calculated by adding a fixed margin to a benchmark index (such as SOFR or Treasury rates), causing the rate to fluctuate over time.
Question 26: In the sales comparison approach, if a comparable sold for more than the subject because it has a pool, the appraiser would make a:
- Positive adjustment to the subject
- Positive adjustment to the comparable
- No adjustment
- Negative adjustment to the comparable (Correct answer)
Correct answer: Negative adjustment to the comparable
When the comparable is superior to the subject (has a feature the subject lacks), a downward (negative) adjustment is made to the comparable's sale price.
Question 27: A right of first refusal gives a party the:
- Right to set the listing price
- Right to inspect before listing
- Right to purchase at a discount
- Opportunity to match any offer before the property is sold to another (Correct answer)
Correct answer: Opportunity to match any offer before the property is sold to another
A right of first refusal requires the owner to offer the property to the holder of the right before accepting any third-party offer.
Question 28: A deed restriction (restrictive covenant) is enforceable by:
- The original grantor exclusively
- Neighboring property owners or homeowners associations (Correct answer)
- State licensing boards
- The local government only
Correct answer: Neighboring property owners or homeowners associations
Deed restrictions run with the land and can be enforced by parties who benefit from them, such as HOA members or neighboring owners.
Question 29: Dual agency occurs when:
- Two brokers co-list a property
- Two buyers compete for one property
- A property is listed on two MLS systems
- One agent represents both buyer and seller in the same transaction (Correct answer)
Correct answer: One agent represents both buyer and seller in the same transaction
Dual agency exists when the same broker or agent represents both the buyer and seller, requiring disclosure and consent from all parties.
Question 30: Amortization in a mortgage refers to:
- The process of increasing the loan balance over time
- Converting an ARM to a fixed rate
- Refinancing to a lower rate
- The gradual payoff of the loan through scheduled principal and interest payments (Correct answer)
Correct answer: The gradual payoff of the loan through scheduled principal and interest payments
Amortization is the repayment schedule that systematically reduces the loan principal over its term through regular equal payments.
Question 31: A short sale occurs when the property sells for:
- Quickly within 30 days of listing
- Under assessed value for tax purposes
- Less than the outstanding mortgage balance, with lender approval (Correct answer)
- Less than the asking price after a price reduction
Correct answer: Less than the outstanding mortgage balance, with lender approval
In a short sale, the lender agrees to accept less than the full loan balance owed, allowing the owner to sell and avoid foreclosure.
Question 32: When a property owner's land is taken for a public road and the remaining parcel suffers a loss in value due to the severance, the owner may be entitled to:
- A conditional use permit
- Spot zoning relief
- An inverse condemnation waiver
- Severance damages (Correct answer)
Correct answer: Severance damages
Severance damages compensate a property owner for the diminished value of the portion of land not taken when a partial condemnation reduces the utility or value of the remainder.
Question 33: Which federal law prohibits discrimination in residential real estate transactions based on race, color, national origin, religion, sex, familial status, and disability?
- Community Reinvestment Act
- Equal Credit Opportunity Act
- Fair Housing Act of 1968 (Correct answer)
- Americans with Disabilities Act
Correct answer: Fair Housing Act of 1968
The Fair Housing Act of 1968, as amended in 1988, is the primary federal statute prohibiting discrimination in the sale, rental, or financing of housing.
Question 34: Spot zoning is generally considered illegal because it:
- Requires a public hearing before approval
- Applies uniform standards across a large area
- Increases property values in a neighborhood
- Singles out one parcel for treatment inconsistent with surrounding zoning (Correct answer)
Correct answer: Singles out one parcel for treatment inconsistent with surrounding zoning
Spot zoning is typically invalid because it grants a single parcel a zoning classification inconsistent with the surrounding area without a reasonable basis, which courts view as arbitrary and discriminatory.
Question 35: The sales comparison approach estimates value primarily by:
- Comparing the subject property to recently sold similar properties (Correct answer)
- Capitalizing net operating income
- Using the assessed tax value
- Calculating replacement cost minus depreciation
Correct answer: Comparing the subject property to recently sold similar properties
The sales comparison approach adjusts the sale prices of comparable properties for differences to arrive at an indicated value for the subject property.
Question 36: What distinguishes lender's title insurance from owner's title insurance?
- They cover the same risks but different parties
- Lender's policy protects the buyer's equity; owner's policy protects only the mortgage
- Only owner's title insurance is required by law
- Lender's policy covers only the loan amount and decreases as the loan is paid down; owner's policy covers the full property value (Correct answer)
Correct answer: Lender's policy covers only the loan amount and decreases as the loan is paid down; owner's policy covers the full property value
Lender's title insurance protects the lender's interest up to the loan amount and typically decreases as the loan balance falls, while owner's policy covers the full purchase price.
Question 37: RESPA (Real Estate Settlement Procedures Act) primarily protects consumers by:
- Mandating home warranties
- Requiring disclosure of settlement costs and prohibiting kickbacks (Correct answer)
- Regulating property taxes
- Setting maximum mortgage rates
Correct answer: Requiring disclosure of settlement costs and prohibiting kickbacks
RESPA requires lenders to provide a Loan Estimate and Closing Disclosure, and prohibits kickbacks, referral fees, and unearned charges in the settlement process.
Question 38: A lien is best described as a:
- Financial claim against a property (Correct answer)
- Voluntary gift of property
- Transfer of ownership
- Type of deed
Correct answer: Financial claim against a property
A lien is a legal claim placed against a property as security for a debt or obligation.
Question 39: A buyer's agency agreement creates a fiduciary relationship in which the agent owes primary loyalty to the:
- Seller
- Listing broker
- Buyer (Correct answer)
- Lender
Correct answer: Buyer
A buyer's agency agreement legally obligates the agent to represent the buyer's best interests, creating full fiduciary duties to the buyer.
Question 40: Constructive eviction occurs when a landlord:
- Serves formal eviction papers
- Raises rent without notice
- Fails to maintain the property to a habitable standard, effectively forcing the tenant to leave (Correct answer)
- Refuses to renew the lease
Correct answer: Fails to maintain the property to a habitable standard, effectively forcing the tenant to leave
Constructive eviction happens when a landlord's failure to maintain habitable conditions makes the premises unfit, allowing the tenant to vacate and terminate the lease.
Question 41: Blockbusting is an illegal practice in which real estate agents:
- Purchase foreclosed properties in bulk
- Block new developments from being built
- Induce homeowners to sell by suggesting minority groups are moving in, causing property values to decline (Correct answer)
- Refuse to show properties in certain areas
Correct answer: Induce homeowners to sell by suggesting minority groups are moving in, causing property values to decline
Blockbusting (panic peddling) involves inducing white homeowners to sell cheaply by implying that minority residents moving in will lower property values — a Fair Housing Act violation.
Question 42: The Equal Credit Opportunity Act (ECOA) prohibits lenders from discriminating against loan applicants based on:
- Type of property purchased
- Credit score and debt ratio
- Loan amount requested
- Race, color, religion, national origin, sex, marital status, age, or receipt of public assistance (Correct answer)
Correct answer: Race, color, religion, national origin, sex, marital status, age, or receipt of public assistance
ECOA requires lenders to evaluate all credit applicants equally without regard to protected characteristics, ensuring fair access to mortgage financing.
Question 43: Which listing agreement allows a seller to also sell the property themselves without owing a commission?
- Open listing
- Exclusive agency listing (Correct answer)
- Exclusive right-to-sell
- Net listing
Correct answer: Exclusive agency listing
In an exclusive agency listing, only one broker is authorized, but the seller retains the right to sell without owing a commission if they find the buyer themselves.
Question 44: The government takes private property for public use and pays just compensation. This is an exercise of:
- Escheat
- Adverse possession
- Eminent domain (Correct answer)
- Police power
Correct answer: Eminent domain
Eminent domain is the government's constitutional right to take private property for public use, provided the owner receives just compensation as required by the Fifth Amendment.
Question 45: What distinguishes real property from personal property?
- Real property can be moved; personal property cannot
- Personal property includes buildings and fixtures
- Personal property is permanently attached to land; real property is not
- Real property includes land and permanently attached improvements (Correct answer)
Correct answer: Real property includes land and permanently attached improvements
Real property consists of land and anything permanently attached to it, while personal property (personalty) is movable and not attached to land.
Question 46: FIRPTA (Foreign Investment in Real Property Tax Act) requires that when a foreign seller sells US real property, the buyer must:
- Notify the state real estate commission
- Pay an extra transfer tax
- Obtain special financing
- Withhold a percentage of the sales price and remit it to the IRS (Correct answer)
Correct answer: Withhold a percentage of the sales price and remit it to the IRS
FIRPTA requires buyers to withhold typically 15% of the gross sale price from a foreign seller and remit it to the IRS to ensure payment of US capital gains taxes.
Question 47: The cost approach to value is most reliable for:
- Owner-occupied single-family resales
- Income-producing apartment buildings
- Commercial retail centers
- Unique or special-use properties with few comparables (Correct answer)
Correct answer: Unique or special-use properties with few comparables
The cost approach is most applicable for unique properties (schools, churches, government buildings) where comparable sales data is scarce.
Question 48: Which form of co-ownership includes the right of survivorship and is recognized by all US states?
- Tenancy in common
- Joint tenancy (Correct answer)
- Tenancy by the entirety
- Community property
Correct answer: Joint tenancy
Joint tenancy requires the four unities (time, title, interest, possession) and includes automatic right of survivorship.
Question 49: Transfer of Development Rights (TDR) programs allow property owners to:
- Sell the right to develop their land to another property owner in a designated receiving area (Correct answer)
- Transfer title to undeveloped land to the local government in exchange for tax credits
- Move a nonconforming structure to a conforming location on the same lot
- Convert agricultural land to residential use without zoning approval
Correct answer: Sell the right to develop their land to another property owner in a designated receiving area
TDR programs allow owners of restricted land (sending areas) to sell their unused development rights to landowners in designated receiving areas, compensating them while directing growth where infrastructure can support it.
Question 50: Police power in real estate refers to the government's right to:
- Arrest trespassers
- Regulate land use through zoning and building codes (Correct answer)
- Tax property transfers
- Manage foreclosure proceedings
Correct answer: Regulate land use through zoning and building codes
Police power is the state's authority to enact laws promoting public health, safety, and welfare, including zoning, building codes, and environmental regulations.
Question 51: Seller financing (owner financing) means the:
- Seller helps the buyer get a bank loan
- Title company funds the transaction
- Government subsidizes the purchase price
- Seller acts as the lender, extending credit to the buyer directly (Correct answer)
Correct answer: Seller acts as the lender, extending credit to the buyer directly
In seller financing, the property owner extends a loan directly to the buyer, often used when traditional financing is unavailable or to expedite closing.
Question 52: In a joint tenancy, when one co-owner dies, their share:
- Is sold to the remaining owners
- Passes to their heirs via will
- Automatically transfers to the surviving co-owners (Correct answer)
- Reverts to the state
Correct answer: Automatically transfers to the surviving co-owners
The right of survivorship in joint tenancy means the deceased owner's interest passes automatically to the surviving joint tenants, bypassing probate.
Question 53: The principle of conformity holds that maximum value is achieved when:
- A property is unique and unlike its neighbors
- Land is used for its highest and best purpose
- All homes have the same sale price
- Properties in an area are similar in size, style, and use (Correct answer)
Correct answer: Properties in an area are similar in size, style, and use
Conformity states that properties attain maximum value when they are similar to surrounding properties, supporting consistent market expectations.
Question 54: In a net lease, operating expenses are paid by the:
- Property management company
- Landlord entirely
- Tenant in addition to base rent (Correct answer)
- Local government
Correct answer: Tenant in addition to base rent
In a net lease, the tenant pays base rent plus some or all of the property's operating costs such as taxes, insurance, and maintenance.
Question 55: An environmental impact statement (EIS) is required under NEPA for projects that:
- Exceed 10 acres in size regardless of funding source
- Are federally funded or require federal approval and may significantly affect the environment (Correct answer)
- Are located within 500 feet of a navigable waterway
- Involve any private land sale over $500,000
Correct answer: Are federally funded or require federal approval and may significantly affect the environment
The National Environmental Policy Act (NEPA) requires an Environmental Impact Statement for major federal actions significantly affecting the quality of the human environment, including federally funded or approved projects.
Question 56: Under a race-notice recording statute, a subsequent purchaser is protected if they:
- Record first regardless of knowledge of prior interests
- Simply pay fair market value
- Record first AND had no notice of prior unrecorded interests at the time of purchase (Correct answer)
- File with the court within 30 days
Correct answer: Record first AND had no notice of prior unrecorded interests at the time of purchase
Under race-notice statutes (most common in the US), a subsequent bona fide purchaser who had no prior knowledge of an earlier claim and records first wins priority.
Question 57: A holdover tenant who remains after the lease expires without permission becomes a:
- Trespasser subject to immediate eviction
- Tenant at sufferance until the landlord acts (Correct answer)
- Life estate holder
- Month-to-month tenant automatically
Correct answer: Tenant at sufferance until the landlord acts
A holdover tenant becomes a tenant at sufferance — they have no landlord permission to remain and may be treated as a trespasser or converted to a periodic tenancy at the landlord's option.
Question 58: The debt-to-income (DTI) ratio most commonly used by lenders for conventional loans should not exceed:
- 50%
- 60%
- 43% (Correct answer)
- 30%
Correct answer: 43%
Most conventional lenders require a back-end DTI of 43% or less, meaning total monthly debt payments should not exceed 43% of gross monthly income.
Question 59: Which federal law requires sellers and landlords to disclose the presence of lead-based paint in housing built before 1978?
- The Fair Housing Act
- CERCLA
- The Residential Lead-Based Paint Hazard Reduction Act (Correct answer)
- RESPA
Correct answer: The Residential Lead-Based Paint Hazard Reduction Act
The Residential Lead-Based Paint Hazard Reduction Act (Title X) requires sellers and landlords of pre-1978 housing to disclose known lead-based paint hazards and provide buyers/tenants with an EPA pamphlet.
Question 60: For a real estate contract to be legally valid, it must include all EXCEPT:
- Notarization (Correct answer)
- Offer and acceptance
- Consideration
- Competent parties
Correct answer: Notarization
Notarization is required for recording a deed but is not one of the essential elements for a contract to be valid and enforceable.
Question 61: A bilateral contract in real estate is one where:
- Only one party makes a promise
- The government is involved
- No consideration is exchanged
- Both parties make promises to each other (Correct answer)
Correct answer: Both parties make promises to each other
A bilateral contract involves mutual promises — both parties are legally obligated to perform, as in a typical purchase and sale agreement.
Question 62: An open listing allows the seller to:
- Sell through multiple brokers and pay commission only to the one who produces the buyer (Correct answer)
- Cancel the listing without notice at any time for free
- List with only one broker exclusively
- Sell only to cash buyers
Correct answer: Sell through multiple brokers and pay commission only to the one who produces the buyer
An open listing is a non-exclusive arrangement where multiple brokers may market the property and only the procuring broker earns a commission.
Question 63: A property manager's primary fiduciary duty is to the:
- Local government
- Property owner (principal) (Correct answer)
- Tenant
- Mortgage lender
Correct answer: Property owner (principal)
A property manager acts as an agent for the property owner and owes fiduciary duties of loyalty, care, and obedience to the owner as their principal.
Question 64: A buffer zone in zoning is primarily used to:
- Increase property tax revenue for municipalities
- Separate incompatible land uses such as industrial and residential areas (Correct answer)
- Establish the maximum density for residential development
- Define the boundaries of a historic district
Correct answer: Separate incompatible land uses such as industrial and residential areas
Buffer zones are areas of land used to separate incompatible land uses, reducing conflicts between zones such as placing a park or landscaped strip between a factory and a neighborhood.
Question 65: Under the Americans with Disabilities Act (ADA), commercial property owners must provide:
- Free parking for disabled employees
- Reasonable accommodations and accessible facilities for people with disabilities (Correct answer)
- Dedicated residential units
- Reduced rent for disabled tenants
Correct answer: Reasonable accommodations and accessible facilities for people with disabilities
The ADA requires places of public accommodation and commercial facilities to be accessible to people with disabilities, including accessible entrances, restrooms, and common areas.
Question 66: Adverse possession requires continuous, open, hostile possession for a statutory period in order to:
- Obtain a mortgage
- Acquire title to another's land (Correct answer)
- Create an easement by necessity
- Record a deed
Correct answer: Acquire title to another's land
Adverse possession allows a party to claim legal title after meeting statutory requirements of open, notorious, hostile, and continuous use.
Question 67: Owner's title insurance protects the:
- Lender against title defects
- Seller against post-closing claims
- Buyer's equity against title claims arising from pre-existing defects (Correct answer)
- Title company against errors
Correct answer: Buyer's equity against title claims arising from pre-existing defects
Owner's title insurance protects the buyer's equity and ownership interest against title defects, liens, or encumbrances that existed prior to the purchase.
Question 68: Loan-to-value (LTV) ratio is calculated as:
- Monthly payment divided by gross income
- Loan amount divided by the appraised property value (Correct answer)
- Loan amount divided by the borrower's income
- Down payment divided by purchase price
Correct answer: Loan amount divided by the appraised property value
LTV = loan amount ÷ appraised value, expressed as a percentage; a higher LTV represents more risk to the lender.
Question 69: A landlord may legally use information from a rental application to:
- Discriminate based on disability
- Share with other landlords freely
- Screen for creditworthiness, rental history, and income verification (Correct answer)
- Deny applicants from protected classes
Correct answer: Screen for creditworthiness, rental history, and income verification
Landlords may use rental application data to evaluate financial stability, rental history, and income in a consistent, non-discriminatory manner.
Question 70: Development of wetlands in the United States is primarily regulated by:
- The Americans with Disabilities Act (ADA)
- Section 404 of the Clean Water Act (Correct answer)
- CERCLA Superfund provisions
- The National Environmental Policy Act (NEPA)
Correct answer: Section 404 of the Clean Water Act
Section 404 of the Clean Water Act requires a permit from the Army Corps of Engineers for the discharge of dredged or fill material into wetlands and other waters of the United States.
Question 71: Which government power allows land to be taken for public use such as a highway?
- Eminent domain (Correct answer)
- Police power
- Escheat
- Taxation
Correct answer: Eminent domain
Eminent domain (condemnation) authorizes government to acquire private land for public purposes, with just compensation required by the Fifth Amendment.
Question 72: In a gross lease, the tenant pays:
- Only utilities
- A percentage of sales plus base rent
- All operating expenses plus base rent
- Base rent only, with the landlord covering most operating expenses (Correct answer)
Correct answer: Base rent only, with the landlord covering most operating expenses
In a gross (full-service) lease, the landlord pays most or all operating expenses from the rent received, simplifying costs for the tenant.
Question 73: What is the key difference between subletting and assigning a lease?
- There is no legal difference
- Subletting transfers all rights permanently; assignment is temporary
- Subletting requires landlord approval; assignment does not
- In an assignment, the original tenant transfers all remaining lease rights; in a sublease, the original tenant retains obligations and collects rent from the subtenant (Correct answer)
Correct answer: In an assignment, the original tenant transfers all remaining lease rights; in a sublease, the original tenant retains obligations and collects rent from the subtenant
Assignment transfers all lease rights to a new tenant (assignee), while subletting creates a new landlord-tenant relationship between the original tenant and subtenant, with the original tenant remaining liable to the landlord.
Question 74: 'Time is of the essence' in a real estate contract means:
- Inspections must be done immediately
- The agent must respond within 24 hours
- The property must close quickly
- All deadlines in the contract are strictly binding (Correct answer)
Correct answer: All deadlines in the contract are strictly binding
A 'time is of the essence' clause makes all dates and deadlines in the contract strictly enforceable; missing a deadline constitutes a material breach.
Question 75: In an exclusive right-to-sell listing, the listing broker earns a commission if the property is sold by:
- Any of the above (Correct answer)
- Any cooperating agent
- Only the listing agent
- The owner themselves
Correct answer: Any of the above
Under an exclusive right-to-sell listing, the broker earns a commission regardless of who procures the buyer, including the seller.
Question 76: A comprehensive plan (master plan) in land use planning is best described as:
- A long-range policy document guiding a community's physical development goals (Correct answer)
- A recorded subdivision plat showing lot dimensions and street locations
- A legally binding zoning ordinance that specifies permitted uses for each parcel
- A federal mandate requiring environmental impact assessments
Correct answer: A long-range policy document guiding a community's physical development goals
A comprehensive plan is a general policy document that outlines a community's long-term goals for land use, transportation, housing, and other elements, serving as a guide but not itself a binding zoning law.
Question 77: When a seller responds to a buyer's offer by changing the price, this creates a:
- Counteroffer that voids the original offer (Correct answer)
- Ratified contract
- Binding acceptance
- Contingency
Correct answer: Counteroffer that voids the original offer
A counteroffer legally rejects the original offer and substitutes a new offer, giving the original offeror the right to accept, reject, or counter again.
Question 78: A life estate grants ownership rights for how long?
- The measuring life of a designated person (Correct answer)
- 25 years
- Until the mortgage is paid
- 99 years
Correct answer: The measuring life of a designated person
A life estate lasts only for the duration of a specified person's life, after which ownership reverts or passes to a remainderman.
Question 79: A lease renewal option gives the tenant the:
- Right to purchase the property
- Right to sublease without permission
- Automatic rent reduction at renewal
- Right to extend the lease for an additional term at pre-agreed terms (Correct answer)
Correct answer: Right to extend the lease for an additional term at pre-agreed terms
A renewal option clause in the lease allows the tenant to extend the tenancy for a specified term, often at a predetermined rent or formula.
Question 80: Specific performance as a remedy in real estate means:
- The agent loses their license
- The seller must lower the price
- The court orders the breaching party to complete the transaction (Correct answer)
- The buyer must pay a penalty fee
Correct answer: The court orders the breaching party to complete the transaction
Specific performance is a legal remedy requiring the defaulting party to fulfill their contractual obligations since real estate is considered unique.
Question 81: An estoppel certificate in commercial real estate is a document signed by a tenant that:
- Waives the tenant's security deposit
- Transfers the lease to a new tenant
- Terminates the lease early
- Certifies the current lease terms and status as accurate (Correct answer)
Correct answer: Certifies the current lease terms and status as accurate
An estoppel certificate is a binding statement confirming lease terms, payment status, and any disputes, commonly required by lenders or buyers during due diligence.
Question 82: Eminent domain allows the government to:
- Tax property owners annually
- Zone land for residential use only
- Take private property for public use with just compensation (Correct answer)
- Enforce deed restrictions
Correct answer: Take private property for public use with just compensation
Eminent domain is the government's constitutional authority to acquire private property for public use, provided just compensation is paid.
Question 83: An option contract in real estate gives the optionee the:
- Right but not the obligation to purchase within a set period (Correct answer)
- Obligation to buy the property
- Right to list the property for sale
- Title to the property immediately
Correct answer: Right but not the obligation to purchase within a set period
An option contract provides the buyer the right to purchase the property at an agreed price within a specified timeframe, but they are not required to do so.
Question 84: Familial status as a protected class under the Fair Housing Act protects:
- Families with children under 18 and pregnant women (Correct answer)
- Extended family members only
- Unmarried couples
- Divorced individuals
Correct answer: Families with children under 18 and pregnant women
Familial status protects households with one or more children under 18 in the care of a parent or guardian, as well as pregnant women.
Question 85: Which type of zoning allows for a mix of residential and commercial uses in a coordinated development with flexible internal standards?
- Agricultural zoning
- Planned Unit Development (PUD) (Correct answer)
- Industrial zoning
- Euclidean zoning
Correct answer: Planned Unit Development (PUD)
A Planned Unit Development (PUD) allows developers to mix land uses and vary building placements within an overall plan, providing flexibility not available under standard zoning.
Question 86: A conditional use permit (CUP) differs from a variance in that a CUP:
- Allows a use that is permitted in a zone only under specific conditions (Correct answer)
- Waives a dimensional requirement like a setback
- Is granted automatically without a public hearing
- Permanently changes the zoning classification of a parcel
Correct answer: Allows a use that is permitted in a zone only under specific conditions
A conditional use permit allows a use that is listed in the zoning ordinance as acceptable in a zone under certain conditions, whereas a variance waives a specific zoning dimension requirement.
Question 87: The Statute of Frauds requires that real estate contracts must be:
- In writing and signed to be enforceable (Correct answer)
- Approved by the state real estate commission
- Notarized by a public official
- Filed with the county recorder
Correct answer: In writing and signed to be enforceable
The Statute of Frauds requires contracts for the sale of real estate to be in writing and signed by the party to be charged to be legally enforceable.
Question 88: Redlining is an illegal discriminatory practice in which lenders:
- Refuse to lend on properties below a minimum value
- Charge higher rates to investors
- Deny or limit loans in minority neighborhoods based on race or national origin (Correct answer)
- Require higher down payments for new construction
Correct answer: Deny or limit loans in minority neighborhoods based on race or national origin
Redlining is the discriminatory practice of refusing to extend credit or insurance to residents in specific geographic areas based on racial or ethnic composition.
Question 89: VA home loans are exclusively available to:
- Low-income first-time buyers
- Eligible veterans, active-duty service members, and qualifying surviving spouses (Correct answer)
- Federal government employees
- All US citizens
Correct answer: Eligible veterans, active-duty service members, and qualifying surviving spouses
VA loans are guaranteed by the Department of Veterans Affairs and available only to eligible military borrowers, offering no down payment and no PMI.
Question 90: A property management agreement must include:
- The scope of authority, management fee, and duration of the agreement (Correct answer)
- The tenant's social security number
- Mortgage payment details
- A guarantee of occupancy
Correct answer: The scope of authority, management fee, and duration of the agreement
A management agreement defines the manager's authority, compensation (usually a percentage of collected rent), term, and responsibilities to create a valid agency relationship.
Question 91: Private Mortgage Insurance (PMI) is typically required when the borrower's down payment is:
- More than 20% of the purchase price
- Equal to the loan amount
- Less than 20% of the purchase price (Correct answer)
- Less than 10% on FHA loans only
Correct answer: Less than 20% of the purchase price
PMI protects the lender when the borrower puts down less than 20%, compensating for the higher default risk associated with a high LTV loan.
Question 92: Capitalization rate (cap rate) is calculated as:
- Effective gross income ÷ vacancy rate
- Gross rent ÷ purchase price
- Mortgage payment ÷ rent
- Net operating income ÷ property value (Correct answer)
Correct answer: Net operating income ÷ property value
Cap rate = NOI ÷ property value; it expresses the relationship between a property's income and its value, used to compare investment properties.
Question 93: A balloon payment mortgage requires the borrower to:
- Pay a large lump-sum balance at the end of the loan term (Correct answer)
- Make increasing payments each year
- Refinance after 5 years mandatorily
- Make bi-weekly payments
Correct answer: Pay a large lump-sum balance at the end of the loan term
A balloon loan has smaller regular payments but requires the remaining principal balance to be paid in full at the end of a short term.
Question 94: Highest and best use is defined as the use that is:
- Most common in the neighborhood
- Preferred by the property owner
- Physically possible, legally permissible, financially feasible, and maximally productive (Correct answer)
- The most expensive to build
Correct answer: Physically possible, legally permissible, financially feasible, and maximally productive
Highest and best use is the reasonably probable and legal use of property that produces the highest value, considering physical, legal, and financial factors.
Question 95: A wraparound mortgage is a form of seller financing where:
- The lender wraps PMI into the loan
- The seller pays off the existing mortgage
- A new loan wraps around and includes the existing mortgage balance (Correct answer)
- The buyer assumes the seller's mortgage only
Correct answer: A new loan wraps around and includes the existing mortgage balance
In a wraparound, the seller creates a new mortgage that includes the existing loan balance; the buyer pays the seller, who continues to pay the underlying lender.
Question 96: In a triple-net (NNN) lease, the tenant is responsible for:
- Common area maintenance only
- Base rent plus property taxes, insurance, and maintenance (Correct answer)
- Utilities only
- Base rent only
Correct answer: Base rent plus property taxes, insurance, and maintenance
A triple-net lease requires the tenant to pay base rent plus the three 'nets': property taxes, building insurance, and maintenance/repairs.
Question 97: Earnest money in a purchase transaction is best described as:
- A non-refundable fee
- The broker's commission
- The down payment amount
- A good-faith deposit demonstrating buyer's intent to purchase (Correct answer)
Correct answer: A good-faith deposit demonstrating buyer's intent to purchase
Earnest money is a deposit made by the buyer to show serious intent; it is typically applied toward the purchase price at closing.
Question 98: A financing contingency in a purchase agreement protects the buyer if:
- The closing date is delayed
- The home appraises below asking price
- The seller fails to make repairs
- The buyer cannot obtain mortgage financing (Correct answer)
Correct answer: The buyer cannot obtain mortgage financing
A financing contingency allows the buyer to cancel the contract and recover their earnest money if they cannot secure a loan as specified in the agreement.
Question 99: Mortgage pre-approval differs from pre-qualification because pre-approval involves:
- A home inspection
- A formal review of verified financial documents by the lender (Correct answer)
- Only a verbal income estimate
- A title search
Correct answer: A formal review of verified financial documents by the lender
Pre-approval requires verification of income, assets, and credit, giving the buyer a conditional commitment for a specific loan amount.
Question 100: The 'bundle of rights' in real estate includes all of the following EXCEPT:
- Right to eminent domain (Correct answer)
- Right to use
- Right to destroy
- Right to exclude others
Correct answer: Right to eminent domain
Eminent domain is a government power, not a private ownership right within the bundle of rights.
Question 101: Tenancy in common differs from joint tenancy primarily because:
- Co-owners must hold equal shares
- Only married couples can use it
- It requires a special deed
- There is no right of survivorship (Correct answer)
Correct answer: There is no right of survivorship
In tenancy in common, each owner's interest passes through their estate upon death; there is no automatic right of survivorship.
Question 102: A quitclaim deed transfers:
- Title after a court judgment
- Ownership only upon the grantor's death
- Whatever interest the grantor has, with no warranties (Correct answer)
- A guaranteed clear title
Correct answer: Whatever interest the grantor has, with no warranties
A quitclaim deed conveys only whatever interest the grantor holds at the time, providing no warranties or guarantees of title.
Question 103: A purchase and sale agreement becomes binding when:
- The title company is notified
- The buyer signs it
- Both parties sign and communication of acceptance is received (Correct answer)
- The earnest money clears the bank
Correct answer: Both parties sign and communication of acceptance is received
A contract is formed upon mutual assent, meaning both parties must sign and acceptance must be communicated back to the offeror.
Question 104: In a deed of trust, who holds legal title to the property during the loan term?
- A neutral third-party trustee (Correct answer)
- The title insurance company
- The lender (beneficiary)
- The borrower (trustor)
Correct answer: A neutral third-party trustee
In a deed of trust, legal title is conveyed to a trustee who holds it on behalf of the lender until the loan is repaid, then reconveyed to the borrower.
Question 105: Assessed value is used primarily for:
- Determining market value for a sale
- Setting the listing price
- Qualifying for a mortgage
- Calculating property taxes (Correct answer)
Correct answer: Calculating property taxes
Assessed value is set by the local tax assessor as a basis for calculating property tax obligations and may differ significantly from market value.
Question 106: Paying 'points' at loan closing means the borrower is:
- Paying upfront fees to permanently reduce the mortgage interest rate (Correct answer)
- Paying realtor commissions early
- Paying property taxes in advance
- Making a larger down payment
Correct answer: Paying upfront fees to permanently reduce the mortgage interest rate
Each discount point equals 1% of the loan amount and reduces the interest rate, lowering monthly payments in exchange for a higher upfront cost.
Question 107: The principle of substitution states that a buyer will pay no more for a property than the cost of:
- Remodeling the existing property
- The property's replacement cost only
- The assessed tax value
- An equally desirable substitute property (Correct answer)
Correct answer: An equally desirable substitute property
The principle of substitution holds that value is set by the price of acquiring an equally desirable alternative, forming the basis of the sales comparison approach.
Question 108: The primary role of a title company in a real estate transaction is to:
- Appraise the property's market value
- Manage the property after sale
- Provide mortgage financing
- Search title records, issue title insurance, and facilitate closing (Correct answer)
Correct answer: Search title records, issue title insurance, and facilitate closing
A title company searches public records to verify clear title, identifies any defects or encumbrances, and issues title insurance to protect buyers and lenders.
Question 109: Economic obsolescence (external obsolescence) is generally considered:
- Incurable because the cause is beyond the owner's control (Correct answer)
- A form of physical deterioration
- Curable because the owner can fix it
- Relevant only to commercial properties
Correct answer: Incurable because the cause is beyond the owner's control
Economic obsolescence stems from factors outside the property, such as neighborhood decline or nearby nuisances, which the owner cannot control or cure.
Question 110: PITI stands for:
- Purchase, Investment, Title, Income
- Property, Insurance, Taxes, Interest
- Principal, Interest, Taxes, Insurance (Correct answer)
- Principal, Index, Term, Interest
Correct answer: Principal, Interest, Taxes, Insurance
PITI represents the four components of a typical monthly mortgage payment: Principal, Interest, Taxes (property), and Insurance (homeowners/hazard).
Real Estate Salesperson Licensing Exam
The Real Estate Salesperson Licensing Exam tests knowledge of property ownership, contracts, agency relationships, financing, disclosures, and state real estate practice required to obtain a salesperson license.
Exam Rules
- You can skip questions and return to them later
- Flag questions for review before submitting
- No feedback shown until you submit the entire exam
- Unanswered questions count as wrong — answer everything
- 10 pretest questions are mixed in and don't affect your score
- Timer auto-submits when time runs out
- Your progress is auto-saved every 30 seconds