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1 of 100 – The law enforces promises through the use of
2 of 100 – A substantive law
All of the following Bill of Rights protections are related to property rights EXCEPT
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The Uniform Commercial Code does all of the following EXCEPT
Certain courts are specialized courts, which means that they
hat is the second step in a civil case in district court?
Which of the following is NOT a reason why a court might reverse an arbitration reward?
What is the method traditionally used over the largest part of the United States to survey and classify land parcels before naming an owner, particularly in rural or undeveloped land?
What system, also called the recorded plat method, is used to describe properties in residential, commercial, and industrial subdivisions?
Lenders typically want surveys dated within
Standard elevation reference points are called
What type of property is abstract, having no physical existence in itself, other than as evidence of one’s ownership interest?
What describes minerals that are deemed real property, such as gold and silver, until they are removed from the earth and become personal property?
Plants and crops that grow naturally, without requiring anyone’s labor or machinery, are considered
Why is the fee simple absolute estate the most desirable?
What is a pur autre vie life estate?
If an easement appurtenant is granted by a court to a property owner because he or she needs to access a property, it is called
All of the following lien types are exempt from the homestead law EXCEPT
In addition to the date of recordation, what other factor is used to determine lien priority?
In a joint tenancy, what does unity of ownership mean?
In partnerships, a general partner
How much of a property exemption is a totally disabled war veteran, making over $40,000 annually and living in California, entitled to?
What land use term refers to uses that are automatically allowed by the zoning code?
The purpose of restrictive covenants is to preserve and protect the quality of land in subdivisions and to maximize
What allows a government entity to purchase a fee, leasehold, or easement interest in privately owned real property for public good and public use, regardless of the owner’s desire to sell?
In what type of zoning is density determined for an entire area, rather than on a lot by lot basis?
What term describes a temporary suspension of the development of a property?
What 1970 Act authorized the EPA to establish air quality standards for industrial land uses, as well as for automobile and airplane emissions?
At what level are all agency relationships created?
What rules should brokers follow to decrease the possibility of lawsuits?
The best way to turn a customer into a client and to avoid implied agency is by filling out a listing agreement form or
What would a broker need in order to propose an offer on a property on behalf of a buyer-client without the client’s permission?
An agent is bound to inform a client of all facts regarding the client’s transaction. This includes both the facts that the agent knows and those that
A licensee can provide factual knowledge to a customer but does not provide
When a seller lists his or her home with a licensee and the property does not go under contract or if the client does not agree to extend the time of the listing, then the listing will
Dual agency representation requires brokers to treat all parties equally. This essentially means clients become
In contract law, what term means that someone has broken his or her word?
A Buyer Representation Agreement is bilateral because it defines the obligations and responsibilities of
Any last minute changes to a contract that are done by hand should be initialed by
What type of contract is an agreement that does not meet the tests for validity, and therefore is no contract at all?
What are all parties required to use, to fulfill contingency requirements, under California law?
The standard measure of loss of bargain damages, for a total breach, would encompass the difference between the agreed contract price and the market value of the property on the date of
When a contract does not accurately reflect the intentions of the parties because of some mechanical or clerical error in the document, what legal action is necessary to correct or modify the contract?
What does the IRS require to determine if a person is truly acting as an independent contractor and not an employee?
What provision in an independent contractor agreement states the associate will not hold the broker responsible for claims, demands, suits, costs or expenses based on the associates representation of the agreement?
In what type of listing does an owner set a minimum amount that he or she wants to receive from the sale of the property and lets the broker have as commission any amount above the set minimum?
Which section of a CAR Residential Listing Agreement states that the agreement is binding between the seller and seller’s successors and assigns?
What provision in a CAR Exclusive Buyer Representation Agreement makes it clear that any information provided through the broker to the buyer during the term of the agreement will not be verified by the broker?
Which section under Dispute Resolution in a CAR Buyer Representation Agreement states that a buyer and broker agree to mediate any dispute or claim arising before using court action or arbitration?
The salesperson should always think the first offer the buyer makes should be his or her
In a sales contract, what percent of the purchase price should the buyer withhold if a seller is a foreign person or entity?
Which section in a CAR Residential Purchase Agreement shows who will pay the county transfer fee, HOA related fees, private transfer fee, city transfer fee, and home warranty?
According to a CAR Residential Purchase Agreement, how long does a buyer have to complete inspections and approve all material provided by the seller in relation to the property, if not specified?
Which section of a CAR Residential Purchase Agreement is a provision divided into three sections: mediation, arbitration of disputes, and additional terms?
What type of contingency, usually required by mortgage lenders, requires that the seller can prove that the house can be adequately insured?
What lease provision would outline the condition of the property at the time a lease is executed?
What clause describes the type of estate being conveyed and reaffirms the extent of ownership that the grantor is transferring?
When a subdivision developer turns the subdivision road or the common ground in the subdivision over to the local government, he or she does so by what’s known as
What type of will is typically made orally on a testator’s deathbed and written down by a witness?
What term describes the sudden decrease of land by flowing water or waves often caused by hurricanes and other storms?
What is possession without concealment?
If a deed is to be recorded, California requires that it be recorded in the office of the county clerk
If any of the sections of a Transfer Disclosure Statement are not complete, how much time does the buyer have to cancel the contract if the TDS was delivered in person?
Federal law requires that information, regarding lead-based paint, be given to a buyer or tenant on homes built prior to
What are also known as restrictive covenants or Covenants, Conditions and Restrictions and are constraints that run with the land?
What type of lien attaches to a single item of real or personal property and does not affect other property owned by the debtor?
What type of tax lien is placed on a taxpayer’s real and personal property for failure to pay income taxes?
What can a plaintiff file essentially telling potential buyers that the property is subject to a judgment of a pending lawsuit by putting a cloud on the title?
What must a landlord or homeowner post that informs workers that the homeowner is not responsible for the work being performed?
What type of lien can be placed on homeowners who do not pay their home association fees?
Where must a declaration of homestead be filed?
What type of clause is inserted in a financing document when the lender agrees to waive the right to a deficiency judgement?
What are unsecured claims that take the place alongside the borrower’s other debts?
In a non-judicial foreclosure, if the previous owner is still living in the home, the new owner must serve a written notice to “quit” or move out within how many days?
What ensures a set monthly payment that remains the same although the actual interest rate may fluctuate throughout the year?
What is defined under Regulation Z as the time that a consumer becomes contractually obligated on a credit transaction?
Effective October 2015, the two forms that are the primary closing information documents for most real estate transactions are the Loan Estimate and
What describes any lending practice that requires unfair or abusive loan terms to a borrower?
If a broker is also an escrow agent in a transaction, he or she must put aside any agency relationships with the parties involved and become a
What type of special title insurance policy covers the possibility of a mechanic’s lien having priority over a mortgage or deed of trust?
What describes when some expenses paid at closing are divided proportionately between the buyer and seller?
For items paid in advance, the buyer will receive a debit and the seller will receive a
What is defined under Regulation Z as the time that a consumer becomes contractually obligated on a credit transaction?
Which part of a Closing Disclosure details the total amount of all payments on the loan, the dollar amount of the finance charges over the life of the loan, the amount financed, the APR and the TIP?
What advertising phrase would be considered discriminatory based on a handicap?
What Act requires financial institutions to maintain and disclose data about home purchases, home purchase pre-approvals, home improvement and refinance applications involving 1 to 4 unit multifamily dwellings?
Who investigates complaints of the Holden Act and takes remedial action as required by law?
Who distributes the Equal Opportunity Posters to real estate offices?
It is important for a licensee or broker to remove ambiguity when a seller’s unclear decision could be discriminatory by forcing the seller to
The best way to avoid fair housing complaints is to
California courts have held that if a lease is written, then it must be signed by the
In what type of lease do the rent payments start at a fixed amount but increase as the lease term matures?
If a landlord’s negligence results in an injury to a tenant or a tenant’s guest, who is liable?
What term describes the legal procedure of removing a tenant from a property because there is a breach of the lease or rental agreement?
What is described as a structure designed for human habitation and for being moved on a street or highway?
How many years must a candidate serve as a real estate broker, actively engaged in the real estate business in order to be appointed as Commissioner?
The penalties for engaging in unlicensed real estate activity are a fine up to $20,000 and/or how many months imprisonment?
The total amount of judgements against any individual licensee from the Recovery Fund is limited to
How many years must a broker keep all records from the date of the conclusion of a transaction or listing if the transaction does not close?