Multiple Choice Identify the letter of the choice that best
completes the statement or answers the question.
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1.
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An amendment to a contract is created
a. | test | c. | only by attorneys before the closing. | b. | by adding provisions to an accepted
contract. | d. | only if using
fill-in-the-blank agreements. |
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2.
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After the buyer’s offer was accepted, he applied for a loan. He could not
secure a loan to purchase the property. Which contract clause would allow the seller to receive the
earnest money deposit?
a. | Exculpatory clause. | c. | Forfeiture clause. | b. | Indemnification clause. | d. | Punitive damages
clause. |
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3.
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A promise, or something of value, made by one party to induce another party to
enter into a contract is
a. | the authorization to perform. | c. | the reality of
consent. | b. | legal consideration. | d. | the meeting of the minds. |
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4.
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The status of a contract that meets all the essential elements and is
enforceable is called a(n)
a. | valid contract. | c. | voidable contract. | b. | void contract. | d. | unenforceable
contract. |
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5.
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A contract entered into without duress, menace, misrepresentation, or fraud
means that it meets the legal requirements of the
a. | meeting of the minds. | c. | the reality of consent. | b. | proper legal form.
| d. | valuable
consideration. |
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6.
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A contract that has no legal force or effect is
a. | valid. | c. | voidable. | b. | void. | d. | unenforceable. |
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7.
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When neither party can sue the other to force performance, the contract is said
to be
a. | unenforceable. | c. | void. | b. | valid. | d. | voidable. |
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8.
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The transfer of rights and/or duties from one contract to another contract, or
from one person to another person, is
a. | accession. | c. | assignment. | b. | acknowledgment. | d. | attestation. |
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9.
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One contract was substituted for another contract, and there was a release of
liability from the original contract. The term that defines the release is.
a. | alienation. | c. | indemnification. | b. | exchange. | d. | novation. |
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10.
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A sales contract, land contract, or trust deed would give the buyers a(n)
a. | cloud on the title. | c. | quiet title. | b. | equitable title. | d. | legal title. |
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11.
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Upfront damages or compensation that are agreed upon to be paid by the breaching
party in the contract are called
a. | compensatory damages | c. | punitive damages. | b. | liquidated damages. | d. | statutory damages.
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12.
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The legal action that may be taken to enforce the terms of the contract
is
a. | suit to quit the title. | c. | suit for specific
performance. | b. | suit for possession. | d. | suit for exoneration. |
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13.
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The term that means let the seller beware is.
a. | Caveat actor. | c. | Caveat venditor. | b. | Caveat emptor. | d. | Caveat viator. |
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14.
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The clause in the contract that is meant to relieve a party from liability for
injuries to another party is the
a. | exculpatory clause. | c. | indemnification clause. | b. | execution clause.
| d. | indefeasible
clause. |
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15.
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The seller has accepted monetary consideration and has agreed to sell the
property for an agreed upon amount within a specified time frame if the buyer chooses to purchase.
This contract is called a(n)
a. | option contract. | c. | listing contract. | b. | land contract. | d. | sales contract. |
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16.
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A land contract, contract for deed, or installment contract has been reached
between the seller and the buyer. It MOST LIKELY means that the
a. | mortgagor finances the property and retains title until the final payment is made by
the mortgagee. | c. | vendee finance the property and retains the title until the final payment is made by
the vendor. | b. | mortgagee finance the property and retains title until the final payment is made by
the mortgagor. | d. | vendor
finance the property and retains the title until the final payment is made by the
vendee. |
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17.
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The clause of a contract that makes timely performance a condition of the
contract is called the
a. | drop dead time clause. | c. | unity of time clause. | b. | time is of the
essence clause. | d. | within a
reasonable time clause. |
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18.
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The essential elements of a contract include which of the following?
a. | Notary seal. | c. | A three-day cancellation right. | b. | Mutual
agreement. | d. | Equal bargaining
power. |
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19.
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In a bilateral contract
a. | Only one of the parties is bound to the contract.
| c. | A
restriction is placed in the contract. | b. | both parties to the contract have duties to be
performed. | d. | consideration is
not an essential element. |
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20.
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An executed contract means
a. | only one party to the contract has made a promise. | c. | all of the parties have fully
performed their duties. | b. | a party has the right to sue for specific
performance. | d. | contingencies
do not have to be met. |
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21.
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To create a contract, the offeree must accept the offer
a. | within twenty-four hours of receiving the offer. | c. | before the end of the business day
of receiving it. | b. | without any changes to the offer. | d. | only after it has been approved by an
attorney. |
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22.
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An optionee has communicated to the optionor that the optionee will purchase the
property. The option contract is now exercised and is BEST described as a(n)
a. | Executive unilateral contract. | c. | Executory bilateral contact.
| b. | Executive bilateral contract. | d. | Executory unilateral
contract |
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23.
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An oral sales contract involving the sale of real estate is
a. | valid. | c. | voidable. | b. | void. | d. | unenforceable. |
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24.
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An agent forgot to get the buyer to sign the offer. What is the status of the
offer?
a. | valid | c. | voidable | b. | void | d. | voluntary |
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25.
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An offer was accepted with contingencies. The status of this contract is
a. | valid | c. | voidable | b. | void | d. | unenforceable |
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26.
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An attorney was discussing an investment with a buyer who will be attending a
foreclosure sale. The attorney said "caveat emptor." This means
a. | let the bank beware | c. | let the seller beware | b. | let the neighbors
beware | d. | let the buyer
beware |
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27.
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The buyer's offer stipulated that the closing must take place by April 15
or the contract is null and void. The buyer refuses to purchase on April 16 if the contract contains
a
a. | time is of the essence clause. | c. | transfer
clause. | b. | settlement clause. | d. | contingency clause. |
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28.
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Which of the following statements is FALSE regarding offer and
acceptance?
a. | To offer means to put forward for acceptance or rejection. | c. | A counteroffer
reverses the legal positions of the offeror and offeree. | b. | An offer can be
revoked at any time before acceptance. | d. | In real estate, an oral acceptance creates a binding
contract. |
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29.
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Which of the following is NOT required to create a valid sales contract?
a. | Earnest money. | c. | Offer and acceptance. | b. | Consideration. | d. | Signatures. |
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30.
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On a listing appointment, the seller told the agent that he was learning
disabled and illiterate. He asked the agent to read the listing agreement to him. After a lengthy
discussion answering all of the seller’s questions, the seller said he understood the terms and
placed an X where the agent indicated. Is this a valid listing contract?
a. | Yes, because the seller is illiterate not incompetent. | b. | Yes. but only if the
seller has an attorney verify what the agent said. | c. | No, because an illiterate, person can never
enter into a valid contract. | d. | No, an illiterate person must have a guardian
explain all documents to him. |
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31.
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To insert additional terms into the contract the agent would use a(n)
a. | addendum. | c. | contingency clause. | b. | adaptation clause. | d. | new contract. |
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32.
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Every enforceable contract for the sale of real estate must be in writing and
signed by all parties, in accordance with the.
a. | Real Estate License Act. | c. | the statute of
frauds. | b. | Uniform Commercial Code | d. | Truth-in-Lending
Act |
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33.
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Sandra and Cyril entered into a one-year contract wherein Cyril agreed to
provide complete lawn care and snow removal services for Sandra. However, after the first snowstorm
of the year, Cyril decided he wanted to move south even though the contract had six months
left. Eric wanted to provide the services Cyril had provided, and the parties agreed that
Sandra and Eric would enter into a new contract and that the contract between Sandra and Cyril would
be canceled. The above is an example of a(n)
a. | assignment. | c. | unenforceable agreement | b. | novation. | d. | rejection. |
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34.
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If a prospective buyer has an option to purchase a certain parcel of real
estate, the prospective buyer has
a. | paid consideration for the option right. | c. | the right to subject the seller to
a new mortgage. | b. | the obligation to purchase the property at a reduced price. | d. | the obligation to pay existing
liens. |
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35.
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Victor enters into a contract to sell certain land to Sally. During the
course of the negotiations, Victor wrongfully represents the nature of the soil, claiming that a
basement can be built. This contract is
a. | void. | c. | voidable by Victor because of mistake. | b. | voidable by Sally
because of misrepresentation. | d. | voidable by neither because no harm was done. |
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36.
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Charlene and Patricia enter into a contract wherein Charlene agrees to sell her
house to Patricia. Charlene thereafter changes her mind and defaults. Patricia then sues
Charlene to force her to go through with the contract. This is known as a suit for
a. | specific performance. | c. | rescission. | b. | damages. | d. | forfeiture. |
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37.
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When an offer has been signed by a purchaser and then given to the seller's
broker with an earnest money check to present to the seller the
a. | transaction constitutes a valid contract in the eyes of the law. | c. | the transaction is
considered an offer. | b. | the purchaser can sue the seller for specific
performance. | d. | earnest money will be returned if the buyer defaults. |
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38.
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An option contract that has been exercised is a(n)
a. | unilateral contract. | c. | executory bilateral contract. | b. | bilateral
contact. | d. | executory
unilateral contract. |
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39.
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After the snowstorm of the century, Warren offers to pay $6 to whoever
will shovel his driveway. This is an example of which of the following?
a. | Implied contract | c. | License | b. | Bilateral contract | d. | Unilateral
contract |
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40.
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Carl made a written offer on Kristen's property. After reviewing the
contract with her attorney, Kristen accepted the offer in writing. At this point, what
type of title does Carl have to the property?
a. | Legal | c. | Indefeasible | b. | Equitable | d. | Defeasible |
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41.
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As a general rule, an oral sales contract involving the sale of real
estate
a. | can be enforced through court action. | c. | can be subject to a real estate
commission. | b. | can be assigned to a third party. | d. | is
unenforceable. |
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42.
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Time is of the essence in a contract means
a. | that the duties and responsibilities of the contract must be fulfilled on or before a
stipulated time indicated in the contract. | c. | that the seller is obligated to
fulfill all duties stipulated in the contract by a certain date, but the buyer is
not. | b. | that the buyer is obligated to fulfill all duties stipulated in the contract by a
certain date, but the seller is not. | d. | that the agent is obligated to fulfill all duties stipulated in the contract by a
certain date, but the buyer and seller are not. |
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43.
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At closing, a title is transferred to the buyer. Until that event occurs, a
contract entered into by a buyer and a seller is
a. | executory. | c. | void. | b. | executed. | d. | unenforceable. |
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44.
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In most states, all of the following contracts would need to be in writing to be
enforceable EXCEPT
a. | a three-month lease agreement on an apartment. | b. | a contract for the
sale of air rights. | c. | the sale of an easement to the
airport. | d. | a sales contract for a principal place of residence. |
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45.
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Carrie negotiated an option contract with Mindy, wherein Mindy had six months to
purchase the property. Month four Mindy found another buyer for the property. If Mindy can transfer
her option contract to the new buyer, she can do so because of the right of
a. | novation. | c. | contingency. | b. | first refusal. | d. | assignment. |
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46.
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After three extensions of a sales contract, the buyers and sellers finally met
at the title company for closing. The primary role of the agent at the closing is to
a. | explain the closing documents to the buyer. | c. | notarize
documents. | b. | explain the closing documents to the | d. | verify and receive the broker's
fee. |
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47.
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Which of the following would LEAST likely be found in a sales contract?
a. | The identity of the buyer and a description of the property being
purchased | b. | The type of listing contract and its expiration date | c. | The identity of the
seller and the type of deed being conveyed, including covenants, conditions, and
restrictions | d. | Any appurtenances the seller intends to leave with the
property |
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48.
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A contract entered into based on a misrepresentation is
a. | voidable by the aggrieved party. | c. | voidable by either
party. | b. | void between the parties. | d. | valid enforceable contract. |
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49.
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In a land contract, which of the following would MOST LIKELY happen?
a. | The vendor finances the property and gives title to the vendee | b. | The vendee receives
possession and the vendor retains an equitable title. | c. | The vendor pays the property taxes, insurance,
repairs, and upkeep on the property until the final payment is made. | d. | The vendor retains
the title to the property until the final payment is made. |
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50.
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A seller listed a property for $100,000. The buyer made an offer for the full
list price and gave the seller three days to accept. Two days later the seller had not yet accepted.
Regarding this situation, which of the following is true?
a. | The buyer cannot withdraw an offer for the full list price. | b. | The seller must
accept the offer because it is for the full list price. | c. | The seller may
reject the offer, but the commission is due the broker. | d. | The buyer must wait
the entire three days before the offer can be withdrawn. |
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51.
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What do the terms offer and acceptance, mutual assent and meeting of
the minds have in common?
a. | They all mean there is an unqualified acceptance of an offer, which is an essential
element of a contract. | b. | They all mean there is a qualified acceptance
of an offer, which is an essential element of a contract. | c. | They all affect only
contracts for the transfer of easement rights in a lease agreement. | d. | They all affect only
contracts for the transfer of personal property at a foreclosure
sale. |
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52.
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A husband in the military is currently stationed in Japan. He and his wife
decide to sell their house in the United States so she can join him. To provide a good and marketable
title to the buyer, the wife should
a. | secure a specific, durable power of attorney from her husband and sell the
property. | b. | sign her husband's name to all documents after showing her marriage
certificate. | c. | let her husband's twin brother sign any necessary documents for
him. | d. | sign all documents for him because she is his wife. |
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53.
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A contract has written contingencies. The status of this contract is
a. | voidable. | c. | executed. | b. | void. | d. | fraudulent. |
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54.
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All of the following would render an offer voidable EXCEPT the contract that
is
a. | missing an essential element. | c. | entered into with
misrepresentation. | b. | entered into under duress. | d. | entered into through
fraud. |
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55.
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The buyer's offer stipulated that the closing must take place by April 15.
This clause is known as
a. | the settlement clause. | c. | a contingency clause. | b. | time is of the
essence. | d. | transfer
clause. |
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56.
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Peggy made an offer of $250,000 on a For Sale by Owner property. Her offer
contained an earnest money check for $1,000 and no contingencies. If the seller accepts her offer, is
it a binding contract?
a. | Yes, because the offer included a $1,000 earnest money check. | b. | Yes, because the
contract contained the consideration of her $250,000 offer. | c. | No, because she did
not have an agent to present the offer. | d. | No, because the sales contract was not reviewed
by an attorney. |
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57.
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An offer was made contingent on the buyer’s negotiating a 30-year fixed
rate mortgage with an interest rate of no more than 7 percent. The buyer was to provide the seller
with a preapproval letter from a lender by July 11. And the property was to close on July 31. On July
10 the seller’s agent received another, higher offer on the property. Can the agent present the
second offer to the seller, and what clause should be in the contract to possibly release the seller
from the first offer?
a. | Yes, the agent can present the second offer. If the first offer contains the
“time is of the essence” clause and the buyer does not provide a preapproval letter from
the lender by July 11, the seller will be released from the first offer. | b. | Yes, the agent can
present the second offer. If the first offer grants novation to the seller, then the seller will be
released from the first offer. | c. | No, the agent should not present the backup
offer to the seller until July 12 | d. | No, once an offer has been accepted, the agent
should never present additional offers to the seller. |
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58.
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A sales contract had been negotiated between the buyer and seller. At the
closing table, the seller received a phone call from his company and was informed that he was not
being transferred after all. The seller has not signed the deed and no longer wants to sell his
property. if he refuses to sell, does the buyer have legal action to force the sale?
a. | Yes, the buyer may file a suit for possession to enforce the sales
contract. | b. | Yes, the buyer may file a suit for specific performance to enforce the sales
contract. | c. | No, the seller has not signed the deed, and until that occurs, the buyer has no legal
right to enforce. | d. | No, the seller has not signed the deed and only
then would the buyer have a right to file a suit to quiet the title |
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59.
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Which of the following statements is false regarding offer and
acceptance?
a. | To offer means to put forward for acceptance, rejection, or
consideration. | b. | An offer can be revoked at any time before acceptance. | c. | A counteroffer
reverses the legal positions of the offeror and offeree. | d. | In real estate, an
oral acceptance creates a binding contract. |
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60.
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Floyd owns 50 acres and has been presented with an option contract. The possible
buyer included a $50,000 option money check with her contract. If Floyd signs the option contract and
the buyer does not buy, does he have to return the $50,000 to the buyer?
a. | Yes, Because option money is like earnest money and it is always returned to the
buyer. | b. | Yes, because it is standard practice in an option contract to return the option money
if the buyer doesn’t buy. | c. | No, because it is standard in an option
contract for the seller to keep the option if the buyer does not buy. | d. | No, because option
money should be placed in the broker’s escrow account and given to the seller only if the
option is exercised. |
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61.
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An acceptance which changes one of the terms of the offer is:
a. | A counteroffer and rejection of the offer. | b. | A valid
acceptance. | c. | Not possible | d. | Not legally
recommended |
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62.
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An offer from the seller back to the buyer is a/an?
a. | option | b. | counteroffer | c. | backup
offer | d. | binding contract |
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63.
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A buyer offered $45,000 on a lot listed for
$50,000. The seller countered at $49,000. The buyer made an offer of $47,500. The seller rejected the
offer. Several days later, the seller notified the buyer that the seller was accepting the $47,500
offer.
a. | There is a contract at $47,500. | b. | No contract was
created. |
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64.
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A contract is created when:
a. | the earnest money is paid. | b. | the buyer is notified of the seller's
signed written acceptance of the offer. |
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65.
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Prior to closing, the buyer learns that the zoning has been changed in such a
way that the property is more desirable. The contract is:
a. | Enforceable. | c. | Voidable. | b. | Void. | d. | Breached. |
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66.
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Before the closing the vendee has:
a. | legal title. | c. | no title | b. | equitable title. | d. | a deed |
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67.
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A seller who defaults on a contract of sale may be forced to sell by being sued
for:
a. | monetary damages. | c. | occasional performance | b. | specific
performance. | d. | statute of
frauds |
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68.
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To be enforceable, a real estate sales contract must contain:
a. | a notary seal. | c. | the legal signature of the listing real estate
broker. | b. | a list of all property defects. | d. | an accurate description of the
property. |
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69.
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The contract of sale:
a. | may be written on any contract form the parties desire to use | b. | may only be written
on the standard form contract approved by the real estate board. | c. | is never written, it
is only verbal | d. | is not legally binding |
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70.
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The contract of sale obligates:
a. | the seller to sell and buyer to buy. | c. | the seller to sell but the buyer
does not have to buy | b. | the seller to pay the broker's
commission. | d. | the buyer to
buy but the seller does not have to sell |
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