California “Real Estate 8-hour Combined Survey”  Questions only (no answers) 

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1) A(n) __________ authorizes an agent to act on his or her behalf; also known as a client.

A.    Agent

B.     Principal

C.     Customer

D.    Fiduciary

2) _____________ are those things you are obliged to do for a client with a signed agreement.

A.    Ministerial acts

B.     Fiduciary duties

C.     Confidence duties

D.    Trust acts

3)  If a licensee acts on behalf of a principal without his or her consent, but the principal then agrees to the act and accepts liability for the licensee’s decisions, it is considered agency by:

A.    Agreement

B.     Implication

C.     Ratification

D.    Estoppel

4) A _____________ works for one client and deals with all other parties to the transaction as customers.

A.    Seller’s agent

B.     Single agent

C.     Buyer’s agent

D.    Dual agent

5) Which is the least restrictive of the four types of listing agreements?

A.    Exclusive listing

B.     Open listing

C.     Exclusive right-to-sell

D.    Net listing

6) What is the most common agency relationship?

A.    Seller’s agent

B.     Sub-agent

C.     Dual agent

D.    Buyer’s agent

7) A person or business entity authorized to act on behalf of another in dealings with third parties is a:

A.    Principal

B.     Fiduciary

C.     Agent

D.    Liability

8) What fiduciary duty obligates a real estate broker to act solely in the best interests of the principal at all times?

A.    Obedience

B.     Disclosure

C.     Loyalty

D.    Confidentiality

9) Which type of listing agreement gives the broker the most protection?

A.    Exclusive right-to-sell

B.     Net listing

C.     Open listing

D.    Exclusive listing

10) Non-factual or extravagant statements made to enhance the perceived desirability of a property constitute:

A.    Steering

B.     Panic peddling

C.     Puffing

D.    Blockbusting

11) When an agent lists a property for sale, but does not enter it into the MLS system for several days, the agent is engaging in:

A.    Pocket listing

B.     Panic peddling

C.     Puffing

D.    Channeling

12) Which is NOT a symptom of a predatory lending scam?

A.    High interest rates

B.     High equity

C.     Hidden payment terms

D.    Credit insurance packing

13) The Commissioner may suspend a license found to have been obtained by fraudulent means within ___ days of the date of issuance.

A.    30

B.     60

C.     90

D.    120

14) The practice by which lending institutions restrict the number of loans in certain areas of a community, either for limiting risk or on the basis of ethnic composition, is:

A.    Redlining

B.     Pocket listing

C.     Channeling

D.    Puffing

15) Business ethics include all of the following EXCEPT:

A.    Respect

B.     Objectivity

C.     Confidentiality

D.    Full disclosure

16) Disciplinary action taken against a real estate licensee is filed with:

A.    The Department of Real Estate

B.     The Division of Corporations

C.     The Department of Insurance

D.    All of the answers shown

17) Which of the following is NOT true of the Americans with Disabilities Act?

A.    It applies to public facilities, commercial facilities, and residential properties.

B.     It requires places of public accommodation to be designed, constructed, and altered in compliance with accessibility standards.

C.     It was created to prevent disability-based discrimination in public accommodations.

D.    It applies to dwellings that contain quarters for fewer than four families.

18) The statement that “Individuals with disabilities shall be entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rent, lease, or compensation in this state, subject to the conditions and limitations established by law, or state or federal regulation, and applicable alike to all persons” is part of:

A.    The Unruh Civil Rights Act

B.     The Holden Act

C.     The Rumford Fair Employment and Housing Act

D.    The California Civil Code

19) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss is considered to be:

A.    Mental impairment

B.     Physical impairment

C.     Major life activity

D.    Grounds for refusal to rent

20) Landlords do not have to allow a disabled tenant to have a dog in a no-pets property unless:

A.    It is a service, guide, or signal dog

B.     Its owner agrees to keep it on a leash at all times

C.     The animal is licensed

D.    None of the answers shown

21) Which of these penalties can the Department of Fair Employment and Housing (DFEH) impose for housing discrimination?

A.    Payment of actual damages

B.     Damages for emotional distress

C.     Cease and desist orders

D.    All of the answers shown

22) The ______ Act encouraged increased funding to disadvantaged areas.

A.    Unruh

B.     Holden

C.     Rumford Fair Employment and Housing

D.    California Housing

23) Which of the following is an exemption under the Fair Housing Act?

A.    Single-family housing sold or rented through an FHA-approved broker

B.     Owner-occupied housing with more than four units

C.     Housing operated by organizations and private clubs that limit occupancy to members

D.    Houses or rental properties listed with an MLS

24) Which of the following does NOT define “handicap” according to the 1988 Fair Housing Amendments Act?

A.    People who use walkers

B.     Chronic mental illness

C.     Impairment in hearing and mobility

D.    Chronic illegal drug use

25) Landlords cannot prevent tenants with disabilities from making necessary modifications, provided:

A.    They are made at the tenant’s expense

B.     The premises will be restored to their original condition at the end of the lease

C.     Both of the answers shown

D.    Neither of the answers shown

26) The owner of the trust funds may change:

A.    Prior to the acceptance of the offer

B.     Three days after deposit

C.     After acceptance of the offer

D.    When the check is funded by the depository

27) Trust Funds may include:

A.    Cash or non-cash items such as a personal note

B.     Real estate commissions

C.     Rents and deposits from broker-owned real estate

D.    General operating funds

28) Any accounting system used to record trust fund activity must:

A.    Document all receipts and disbursements in chronological order

B.     Document all receipts and disbursements of each individual beneficiary

C.     Show the current balance owing to each beneficiary

D.    All of the answers shown

29) An earnest money check, received in connection with an offer to purchase or lease real property, may be held un-cashed if:

A.    The check is not negotiable by the broker

B.     The buyer has given written instructions that the check shall not be deposited or cashed until acceptance of the offer

C.     After acceptance of offer, seller makes written authorization to do so

D.    All of the answers shown

30) The advantages of creating a trust account include:

A.    Separation of client’s and broker’s funds

B.     Inability to “freeze” account in event of broker death

C.     Increased oversight of potentially illegal disbursements

D.    All of the answers shown

31) The California Department of Real Estate allows for personal funds, up to ______, to be deposited into a trust account.

A.    $100

B.     $350

C.     $200

D.    $250

32) Commingling of trust funds occur(s) when:

A.    Personal or company funds are deposited into a trust fund bank account

B.     Trust funds are deposited into the licensee’s general or personal bank account

C.     Commissions, fees, or other income earned by the broker are left in the trust account for more than 25 days

D.    All of the answers shown

33) A licensed real estate broker shall retain for ____ years all listings, deposit receipts, canceled checks, trust records, and other documents executed by or obtained by him or her in connection with any transaction requiring a real estate license.

A.    7

B.     4

C.     3

D.    5

34) The Record of All Trust Funds Received and Paid Out (RE 4522) is used to:

A.    Keep track of pending sales

B.     Calculate interest paid on trust funds

C.     Document the amount of commissions due per salesperson

D.    Journalize all trust funds deposited to and disbursed from the trust fund bank account

35) Trust funds must be placed into the hands of the owner(s) of the funds, into a neutral escrow depository, or into a trust account not later than ____________ following receipt.

A.    1 day

B.     2 days

C.     3 days

D.    4 days

36) A comprehensive ________ helps you avoid misunderstandings with clients and identify mistakes that could lead to litigation.

A.    Paper trail

B.     Insurance policy

C.     Plan

D.    Memory

37) A listing agreement, agency disclosure form, and copy of the purchase contract should all be contained in a(n):

A.    Escrow account

B.     Transaction file

C.     Referral form

D.    Settlement statement

38) Full disclosure is not necessary in:

A.    E-mail

B.     Bulletin boards

C.     Instant messages

D.    Websites

39) What does ARELLO stand for?

A.    Academy of Real Estate License Law Officers

B.     Accredited Real Estate License Litigation Options

C.     Association of Real Estate License Law Officials

D.    Association of Real Estate Land Law Officials

40) Which of the following is a commonly used contract in a real estate transaction?

A.    Listing Agreement

B.     Buyer Representation Agreement

C.     Purchase and Sale Agreement

D.    All of the answers shown

41) What is the first step in assessing risk?

A.    Call an attorney

B.     Discuss with a fellow appraiser

C.     Make a list

D.    Discuss with the client

42) A __________ is a mutual, voluntary, legally enforceable promise between competent parties to perform or not perform certain acts.

A.    Contract

B.     Disclosure Form

C.     Settlement Statement

D.    Listing Agreement

43) All Internet-related advertising that displays as a separate unit (email, webpages, etc.) requires ___________.

A.    A web address

B.     Pictures

C.     Links

D.    Full disclosure

44) You can reduce the likelihood of misrepresentation claims by giving a(n) __________________for all sellers to complete and sign at the time the listing is taken.

A.    Escrow form

B.     Settlement statement

C.     Standardized seller’s disclosure

D.    Questionnaire

45) If misrepresentation is particularly blatant or willful, for instance in cases of fraud, a court may award ____________ as punishment, to make an example of the offender, and deter similar conduct by others.

A.    Actual damages

B.     Punitive damages

C.     Double damages

D.    Misrepresentation damages

46) What are some of the policies that should be covered in your office manual?

A.    Agency, Advertising, Broke price opinions, Antitrust, Referrals

B.     Fair housing and the Americans with Disabilities Act

C.     Standards of conduct, Forms to use, Dress code, Conflict of interest

D.    All of the above

47) What is the name of the group that created a list of activities which cannot be completed by an unlicensed personal assistant?

A.    The Department of Real Estate

B.     The 5th Division

C.     The Division of licensed professionals who are better than unlicensed professionals.

D.    There are no activities that an unlicensed professional cannot perform.

48) If they fail to uphold laws regarding property management, as well as other real estate laws, Brokers may face:

A.    License suspension or revocation

B.     A life sentence in prison

C.     Execution by firing squad

D.    There are no penalties for failure to uphold the law.

49) An Office Policies and Procedures manual should:

A.    Clearly outline relationships between the supervising broker and licensees, management, and employees.

B.     Provide for the resolution of disputes and controversies in advance.

C.     Permit the staff to function effectively in the absence of management.

D.    All of the above

50) An unlicensed professional may not:

A.    engage in the business of, act in the capacity of, advertise as, or act as a real estate broker or a real estate salesperson

B.     communicate with the public to solicit for a specific property, transaction or product.

C.     show property

D.    All of the above

51) If a branch manager is terminated or changed, the employing broker or corporate designated broker officer shall:

A.    Immediately notify the commissioner in writing.

B.     Offer his/her resignation.

C.     Throw a party.

D.    Close up shop and head home.

52) When employing a restricted real estate licensee, the Department of Real Estate recommends that you:

A.    Fully read and understand the circumstances that led to the license restriction

B.     Increase observation and control in those areas that are closely related to the behaviors that caused the restriction

C.     Realize that the restricted license is a probationary license and monitor the licensee’s activities with that mindset

D.    All of the above

53) As laid out in the Regulations of the Real Estate Commission, Article 15 our first duty is to:

A.    The client

B.     The business

C.     Our family

D.    The government

54) Activities that constitute per se receipts of inducements for the placement of trust account business include:

A.    Receiving/requesting payment for or assistance with business expenses (e.g., rent, employee salaries, furniture, copiers, autos, phone services/equipment, computers)

B.     Receiving/requesting any form of consideration intended for the benefit of the broker (cash, below market rate loans, auto charges, merchandise or credits)

C.     Receiving/requesting on behalf of broker, compensating balances or benefits in pricing or fees, for the maintenance of a compensating balance account

D.    All of the above

55) “Responsible broker’s identity” means a name and the associated license ID number under which the responsible broker is currently licensed, or is a substantial division of the real estate firm. All team advertising must include and display prominently:

A.    The “team name”, name and license number of at least one team member.

B.     The responsible broker’s identity.

C.     No terms that imply independence of the responsible broker.

D.    All of the above

56) The care that an ordinarily reasonable and prudent person would use under the same or similar circumstances is called _________.

A.    Standard of Care

B.     Ordinary Care

C.     Duty of Care

D.    Due Care

57) The first form of exclusive agency was the:

A.    Principal

B.     Advertiser

C.     Fiduciary

D.    Listing agent

58) Which of the following is prohibited action based on the fair housing laws?

A.    Refusing to rent or sell a home

B.     Setting different terms, conditions or privileges for sale

C.     Falsely denying that housing is available for inspection, sale or rental

D.    All of the above.

59) ___________ are things you do for anyone with whom you have business contact, regardless of whether or not you have established a brokerage relationship.

A.    Fiduciary acts

B.     Trust acts

C.     Confidence acts

D.    Ministerial acts

60) __________ is one who, in rendering services, exercises an independent employment or occupation and is responsible to the principal only for the results of his or her work.

A.    Independent Contractor

B.     Employee

C.     Employer

D.    Partnership

61) Other agents hired by a listing broker to help sell a property are called:

A.    Dual agents

B.     Disclosed agents

C.     Loyal agents

D.    Sub-agents

62) Which of the following tasks should an unlicensed professional NOT perform?

A.    engage in the business of, act in the capacity of, advertise as, or act as a real estate broker or a real estate salesperson

B.     communicate with the public to solicit for a specific property, transaction or product.

C.     show property

D.    All of the answers shown

63) Which is the most recognizable form of establishing an agency?

A.    Agreement

B.     Implication

C.     Estoppel

D.    Ratification

64) _________ is a professional identity or brand name under which activity requiring a real estate license is conducted and the use of which is subject to approval by the bureau pursuant to Section 10159.5.

A.    Responsible broker’s identity

B.     Team name

C.     Ficticious business name

D.    Real Estate Brokerage

65) A situation in which two agents from the same brokerage represent both parties to a transaction, one the seller’s agent and one the buyer’s agent, and each agent maintains fiduciary duties to his or her specified client would represent which type of agency agreement?

A.    Sub-agency

B.     Designated agency

C.     Buyer agency

D.    Dual agency

66) A listing agreement in which the seller and broker agree on a sale price for the property and the broker’s commission will be any amount over that set price is known as a(n):

A.    Net listing

B.     Open listing

C.     Exclusive listing

D.    Exclusive right-to-sell listing

67) Professionalism and standardized service were some of the motivating factors for which organizations?

A.    Federal Trade Commission (FTC)

B.     Association of Real Estate License Law Officials (ARELLO)

C.     National Association of REALTORS (NAR)

D.    All of the answers shown

68) Attending an open house and answering questions about the property would be considered a(n):

A.    Fiduciary duty

B.     Ministerial act

C.     Implied agency act

D.    All of the answers shown

69) What organization changed its listing policies for members and eliminated the MLS requirement for the selling agent’s cooperating buying agent to have loyalty to the seller on Jan. 1, 1993?

A.    Federal Trade Commission (FTC)

B.     Association of Real Estate License Law Officials (ARELLO)

C.     National Association of REALTORS (NAR)

D.    California Department of Real Estate

70) For a broker to act as an agent for more than one party to a transaction, all involved parties must give:

A.    Verbal consent

B.     Optional consent

C.     Implied consent

D.    Informed consent

71) What form is required under Section 2079 of the California Civil Code?

A.    The Disclosure Regarding Real Estate Agency Relationship

B.     The Purchase and Sale Agreement

C.     The HUD-1

D.    The Good Faith Estimate

72) Which type of agency may be imposed by law if a principal acts in such a way as to lead a third party to reasonably believe that a licensee is the principal’s agent and the third party is injured by relying on, and acting in accordance with, that belief?

A.    Agency by Agreement

B.     Implied Agency

C.     Agency by Estoppel

D.    Agency by Ratification

73) There are how many common types of agency agreements?

A.    1

B.     2

C.     3

D.    4

74) What is NOT one of the fiduciary duties?

A.    Loyalty

B.     Confidentiality

C.     Negligence

D.    Diligence

75) According to the California Business and Professions Code, all residential listings must contain this statement: “The amount or rate of real estate commissions is not fixed by law. They are set by each broker individually and may be negotiable between the seller and broker.” This statement must appear immediately before the commission clause in what size font?

A.    9 point or larger

B.     10 point or larger

C.     11 point or larger

D.    12 point or larger

76) According to Section 10177 of the California Business and Professions Code, a “major stockholder” is a person who owns at least _______ of the shares of a company.

A.    2%

B.     5%

C.     7%

D.    10%

77) The employing broker or corporate designated broker officer shall _____________________ if a branch manager has been either changed or terminated.

A.    Offer his/her resignation.

B.     Immediately notify the commissioner in writing

C.     Close up shop and head home.

D.    Throw a party.

78) What typically involves practices that frequently take advantage of the elderly, minorities, and inexperienced, uninformed consumers?

A.    Non-disclosure agreements

B.     Misrepresentation

C.     Predatory lending

D.    Negligence

79) The payment a mortgage broker receives for getting a consumer to purchase a loan for a higher interest rate than what the buyer qualified for is called a(n):

A.    Origination fee

B.     Yield spread premium

C.     Purchase fee

D.    Junk fee

80) Real estate licensees in California must renew their licenses every ____ years.

A.    1

B.     2

C.     3

D.    4

81) Which of the following would be considered personal ethics?

A.    Refusing to take unfair advantage

B.     Confidentiality

C.     Impartiality

D.    Objectivity

82) Brokers may face ___________ if they fail to uphold real estate laws especially laws regarding property management.

A.    License suspension or revocation

B.     A life sentence in prison

C.     Execution by firing squad

D.    There are no penalties for failure to uphold the law.

83) Which predatory lending practice involves targeting homeowners who have had their homes for many years and enjoy a low interest rate, affordable monthly payments, and equity in the property, when an originator calls with the enticement of some extra cash that would be available through refinancing, then several months later the originator calls and offers another inducement (all while charging high points and fees)?

A.    Equity stripping

B.     Hidden loan terms

C.     Loan flipping

D.    Reverse redlining

84) What occurs when an agent presents incorrect or false information when, in the course of due diligence, the agent should have known the information was incorrect?

A.    Negligent misrepresentation

B.     Intentional misrepresentation

C.     Nondisclosure

D.    Commingling

85) The commissioner may suspend the license of any person, without a hearing, when that person procured the issuance of that license through which of the following?

A.    Misrepresentation

B.     Deceit

C.     Fraud

D.    All of the answers shown

86) As laid out in the Regulations of the Real Estate Commission, Article ___ our first duty is to the client.

A.    5

B.     8

C.     12

D.    15

87) Discrimination complaints can be filed at the Department of Fair Employment and Housing within __________ of the alleged discrimination.

A.    15 days

B.     30 days

C.     45 days

D.    60 days

88) Which of the following is an example of a circumstance which would NOT constitute discrimination?

A.    Not showing, renting, or selling a property to a handicapped person because of hazardous conditions or architectural barriers which otherwise conform to code

B.     Inquiring about a person’s marital status as it pertains to community property laws governing the acquiring, financing, holding, or transferring of real property

C.     Advertising directed at disabled people mentioning the existence or absence of accommodations or services for the physically handicapped

D.    All of the answers shown

89) When is it permissible for a real estate agent to disclose that a current or former occupant of a property has AIDS?

A.    If a potential buyer asks directly if the previous owner/occupant had AIDS

B.     Whenever a property transfer takes place

C.     If the previous owner/occupant gives written permission

D.    Never

90) Activities that constitute per se receipts of inducements for the placement of trust account business include receiving payment for business expenses such as:

A.    rent

B.     employee salaries

C.     computers

D.    All of the answers shown.

91) The association of Building Owners and Code Administrators (BOCA) has issued guidelines that require a minimum of ____ square feet for the first occupant and an additional _____ square feet for each additional occupant.

A.    150; 100

B.     100; 100

C.     175; 150

D.    150; 125

92) When it comes to space, HUD has a general rule that _____ people per bedroom is reasonable.

A.    1

B.     2

C.     3

D.    4

93) Which of the following would be considered a major life activity?

A.    Seeing

B.     Hearing

C.     Speaking

D.    All of the answers shown

94) Rooms, spaces, or elements inside or outside of a building that are made available for the use of residents or their guests are known as?

A.    Ground floors

B.     Common use areas

C.     Accessible routes

D.    All of the answers shown

95) Which organization has had a lead role in administering the Fair Housing Act since its adoption?

A.    California Department of Real Estate (CADRE)

B.     Department of Justice (DOJ)

C.     Department of Housing and Urban Development (HUD)

D.    Department of State

96) The Separate Record for Each Beneficiary or Transaction, RE 4523, is used to:

A.    Calculate the monies due for property management fees

B.     Account for funds received from or for the account of each beneficiary, or for each transaction, and deposited to the trust account

C.     Calculate the commission due a salesperson on a specific transaction

D.    Calculate the date of each listing agreement

97) A trust fund bank account may be interest-bearing if:

A.    The account is in the name of the broker as trustee

B.     The funds in the account are kept separate from all other funds

C.     No interest on the account inures directly or indirectly to the broker

D.    All of the answers shown

98) Record of all Trust Funds Received – Not Placed in Broker’s Trust Account, RE 4524, is used to:

A.    Fund maintenance and repairs on rental units

B.     Account for overhead expenses of running a real estate agency

C.     Keep track of funds received and not deposited to a trust fund bank account

D.    Pay out salespersons’ commissions

99) Where must trust funds be placed when they are received?

A.    Into a neutral escrow depository

B.     Into a trust account

C.     Into the hands of the owner(s) of the funds

D.    Any of the answers shown

100) Prior to acceptance of an offer, trust funds received from a buyer belong to the:

A.    Buyer

B.     Seller

C.     Broker

D.    State

101) Which condition must be met in order for a broker to have an out-of-state trust account?

A.    The buyer must reside in that state

B.     The account must be insured by the FDIC

C.     The broker must reside in that state

D.    The account must be insured by the broker

102) Withdrawals from a trust account may only be made by:

A.    The broker in whose name the account is maintained

B.     A salesperson licensed to the broker, if specifically authorized in writing

C.     The designated broker if the account is in the name of a corporate broker

D.    All of the answers shown

103) When MUST a broker place trust funds into an interest-bearing account?

A.    When the owner of the funds requests in writing that they be placed in an interest-bearing account

B.     When the interest rate of the account is more than 1% above the prime rate

C.     When the seller requests in writing that the funds be placed in an interest-bearing account

D.    A broker has no obligation to place trust funds into an interest-bearing account

104) Income earned by a broker and collectible from trust funds must be disbursed within how many days?

A.    15

B.     25

C.     35

D.    45

105) Which of the following records must be retained by a broker for three years?

A.    Canceled checks

B.     Listings

C.     Trust records

D.    All of the answers shown

106) _____________may occur when an individual or company uses the Internet to solicit relocation customers in the hopes of referring them to licensed entities in other jurisdictions for a fee, or in cases where multiple websites are used to attract consumers moving to many different parts of the country.

A.    Active solicitation

B.     Regulatory intent

C.     Active intent

D.    Jurisdictional intent

107) Listing changes should be updated within ____ hours.

A.    72

B.     36

C.     24

D.    48

108) To avoid litigation, all companies should develop internet advertising policies that include:

A.    A privacy policy

B.     Copyright protection

C.     Identity standards

D.    All of the answers shown

109) What is the last step in risk analysis?

A.    Make a list

B.     Call an attorney

C.     Be prepared for those risks you think are most likely

D.    Call your designated broker

110) The body of laws derived from a jurisdiction’s judicial decisions (court cases) are known as:

A.    Court laws

B.     Contract laws

C.     Crafted laws

D.    Common laws

111) Which of the following would be considered a settlement service provider?

A.    Pest inspector

B.     Attorney

C.     Escrow agent

D.    All of the answers shown

112) In many cases, conflicts arise because of a simple case of:

A.    Misrepresentation

B.     Miscommunication

C.     Negligence

D.    Incompetence

113) According to a California Association of REALTORS survey, what percent of home buyers used the internet as a source?

A.    43%

B.     56%

C.     65%

D.    77%

114) The responsibility of one person for harm or damages caused by another person, such as the responsibility of an employer for an employee’s words or actions, is known as:

A.    Implied liability

B.     Vicarious liability

C.     Extended liability

D.    All of the answers shown

115) In which of the following ways could a legal dispute be resolved?

A.    Mediation

B.     Arbitration

C.     Filing suit

D.    All of the answers shown