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594 Terms

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Discrimination
The concerns of the federal government in regulating real property right's include
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To transfer
Which of the following is included in the bundle of rights inherent in ownership
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Immobile, indestructible, heterogeneous
What are three unique physical characteristics of land?
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The doctrine of prior appropriation
The concept that the state controls all bodies of water is called
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The state
Which government entity is the primary regulator of the real estate business?
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County and local
The level of government that focuses on land-use regulations and taxation is the
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Littoral
A property abutting a static body of water has \____________ rights
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When the owner originally intended to remove it before conveying the property
Which may an item attached to a structure be considered personal property rather than real property
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Everything above, on, and below the surface of the Earth
Which is the "best" description of "land"
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To the middle of the waterway
What part of the non-navigable waterway does the owner of an abutting property own
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Water rights
Surface rights include which of the following
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The constitution
What guarantees the right of private ownership of real estate in the United States
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Any property that is not classified as real property
Which of these is the best definition for personal property
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Affixing
What do we call the conversion of real property to personal property by detaching it from the real estate
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land does not include man-made structures
The primary distinction between the legal concepts of land and real estate is that
16
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Holographic
Uncle Jake wrote his will out on a notepad. This type of will is called
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A title insurance policy
Of the principle forms of title of evidence in Illinois, the one that provides the best evidence is
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Accompanied by a consideration
A deed is not valid unless it is
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Declined because possession was secretive
A hermit lives secretly in a cave on a large property. After 20 years, the hermit makes a claim of ownership. This claim will most likely be
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Sheriffs deed
A lender forecloses on a property. The type of deed that will convey ownership after a public auction is reconfirmed by the court is a
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Names the parties, describes the property, and indicates a consideration
The only required clause in a deed of conveyance is one that
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Actual notice
A person claims ownership of a parcel of real estate to a prospective buyer, stating that she has lived on the property for five years and nobody has ever bothered her. The claimant also shows the buyer a copy of the deed. The legal basis of this claim is referred to as
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A cloud on title
A break in the chain of title to a property results in
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accepted by the grantee
For a deed to convey title, it is necessary for the deed to be
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The actual sales price of the property conveyed *note, in Illinois the tax can be reduced if a buyer has assumed the sellers mortgage "subject to"
The amount of the transfer tax is based on
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General warranty deed
The type of deed that gives the highest assurance of good title is the
27
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Ownership of the bundle of rights to real estate
Which of the following best describes the concept of "legal title" to real estate
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Title certificate
Which document contains a summary of the title search?
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Title records
Constructive notice of ownership of a parcel of real estate is primarily demonstrated through
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Voluntary alienation
An owner transfers title to a property to buy an exchange for a consideration. This is an example of.
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Establish lien priority, reveal condition of title, give public notice of ownership
Title records do all of the following
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It will escheat to the state or county after all claims have been settled
Aunt Molly, who had no legal heirs, died without leaving a will. What will happen to her estate
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State law
Which authority regulates involuntary title transfers
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Electromagnetic fields, airport traffic noise, construction in earthquake zones
regulated environmental conditions
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Before the buyer signs an offer to purchase
The Illinois residential real property disclosure act requires a seller to give a buyer written property condition disclosure
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A quietclaim deed
Which of the following can terminate a private deed restriction
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They must be incorporated into local land use plans
Which of the following statements about federal and state environmental laws is true
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Delegation of authority by state-level enabling acts
Countries and municipalities have the legal right to control land use due to
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1978
When was led first banned in the manufacture of paint used in residential properties
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To receive "just compensation"
When a property is taken by eminent domain, what does the owner have?
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Variance
If a property owner demonstrates a need, a zoning board may grant a
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Asbestos, mold, methamphetamine production
The Illinois residential disclosure act requires that material defects related to which of the following must be disclosed by the seller
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Agents for buyers and sellers
Who is responsible for insuring that a buyer receives the protect your family from lead pamphlet?
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The national environmental policy act
Which environmental legislation created the requirement for environmental impact surveys on large development projects?
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Balance individual property rights with the community's welfare
A central goal of public land use planning is to
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Police power
The authority that allows the government to control land use is called
47
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Three
A buyer may terminate a purchase contract without liability within \_________ business days, if a disclosure report indicating a material defect is received after a binding real estate contract has been entered into by all parties
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The owner must sell the property or grant an easement to the municipality for just compensation
If a municipality exerts its power of eminent domain against a certain property owner, what happens
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Soil and water pollutants
Dioxins, mercury, and methyl tertiary butyl ether (MTBE) are examples of
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It has no separate bedrooms
A property is exempt from lead disclosure requirements if
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Licensees must disclose potential hazards if known
With regard to environmental issues, which of the following is true
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Cannot be extinguished by a quitclaim deed
Unlike a deed restriction, a decoration restriction
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The licensee knows of a latent structural defect
Licensees are required to disclose to a buyer that
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Compensation
Referral fees and bonuses for licensees are known as
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The bonus is to be given to Sam's sponsoring broker and then passed on to sam
Seller Joe has told his agent sam that if he sells his house within three weeks, he will give sam a $500 bonus. What are the acceptable means by which Sam can be paid the bonus
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All of the above are true regarding compensation
Which of the following statements is true regarding compensation?
-The sponsoring broker is the only one allowed to compensate his/her licensee
-Compensation must be disclosed to clients
-Compensation must always go from the seller or the buyer through the sponsoring broker to the licensee
-All of the above are true regarding compensation
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Customer
Which of the following describes a person who is not represented by a licensee but is receiving clerical acts from the licensee
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If required by the law
In which of the following cases might confidential information be disclosed
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Commission is the excess of the sale price over an agreed-upon (net) price
Which of the following forms of commission agreements is not recommended due to potential ethical issues
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Chicago bar association vs quinlan & tyson, inc.
The name of a case wherein it was determined that a real estate licensee can only fill in the blanks in a form provided by legal counsel is
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Client
The person who is being represented by a licensee is known as the
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The licensee's firm may be entitled to the commission
What is the result when a licensee produces a ready willing and able buyer but the seller refused to complete the transaction
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As soon as non-third-party compensation must be disclosed
When is a licensee required to disclose third-party sources of compensation to client
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The broker violated the agency relationship
Seller Joe needy lists his home for $40,000 and the listing agent tells the prospective buyer to submit a low offer because the seller is desperate. The buyer offers $38,000 and the seller excepts. In this situation:
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The real estate license act of 2000 as amended 12/31/2009
What is commonly referred to as " the act" in Illinois real estate is actually:
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Universal agency
What type of agency exists when the agent can perform any and all actions that may be legally delegated to an agency representative
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Agency
The relationship between the licensee and a principal, during which the licensee is authorized to represent the principle in certain transactions is known as
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Agency coupled with an interest
What is the type of agency created when a licensee holds a stake in the transaction
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True
True or false compensation does not create agency
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Brokerage agreement
A written or oral agreement between a sponsoring broker and a consumer for license activities to be provided to a consumer in return for compensation or the right to receive compensation from another, is called
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Common and statutory
Agency is governed by \___________ law and \____________ law.
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5
According to the act, legal proceedings, against a license for a violation of the act, must commence no later than \_________ years from the occurrence
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Until the interest ends
How long is an agency coupled with an interest enforced?
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It remains in force
When a licensee leaves a brokerage, what becomes of the agency coupled with an interest agreement?
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Agency coupled with an interest is allowed
In Illinois, which statement is correct regarding agency coupled with an interest?
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The principal cannot terminate the agency
What actions can the principal take to abolish the agency?
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Expiration
Which of the following actions terminate terms of the agency?
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Material or latent defects
Which of the following can a dual agent disclose
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Munjal v. Baird & Warner, inc. et al.
Which laws holds harmless a licensee to discover latent defects
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Active fraud
Seller Jim provides a buyer with a forged home warranty. This is a form of
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All clients and customers
Who should receive an agency disclosure
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Single agent
What do we call an agent who represents only one party in a real estate transaction
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Designated agency
The situation that allows the broker to appoint more than one agent for the client within the same firm, is called
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Dan needs to get the informed, written consent of both Mandy and the seller to act as a dual agent
Broker Dan is representing Mandy as a buyer's agent. He wants to show Mandy one of his listed properties. Which statement is true
85
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At the time of the first substantive dialogue
When should a seller agency disclosure take place
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The owner of the property is HIV positive
Licensee Paul is bound to inform his client of all facts that might affect the clients interest- both what call nose and what he" should have known" which of these situations would not be something, Paul " should know"
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Colleen must disclose her intention to be a dual agent, and have written permission from both clients before acting as a dual agent
Colleen plans to be a dual agent and a real estate transaction. At what point, if any, should she receive her clients permission to act as a dual agent
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The property has the best view in the subdivision
Which of the following statements would be defined as "puffing?"
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Undisclosed dual agency
Which of the following types of agency is not allowed in Illinois?
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Yes. A buyer representative should advise the client on matters of which he/she has knowledge. It is important to advise the client to obtain expert advice on areas in which the licensee is not an expert.
Is it permissible, as a buyer representative, to dispense advice to your purchaser client?
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A potential buyer or seller begins to disclose his or her needs
When does the first substantive contact take place?
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Designated agency
What is the standard for agency representation in Illinois?
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Dual agency
Broker Jim signs a listing agreement with seller, Grace, and a buyer agency agreement with buyer, Pat. Broker Jim shows buyer Pat the property owned by seller Grace. Both Grace and Pat signed written disclosure statements agreeing to this arrangement. What is this relationship called?
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Express agency
A property seller signs, a listing agreement with a licensee. What is this an example of
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The sellers are selling because they are getting a divorce.
The buyer will pay more than what's being offered.
The seller will take less than the current offer.
Confidential information
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One who represents and acts for another
Agency most nearly means:
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Refer your client to public records
What is the best course of action in dealing with questions regarding the level of crime in a neighborhood
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Client
When a licensee represents a seller, what type of relationship is established?
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The buyer is the customer and the seller is the client
Al Dobbs, a licensee, has been hired by the seller who signed a listing agreement without permission to act as a dual agent. What is true regarding this situation when a buyer is shown the property by Al Dobbs as a clerical act?
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Consumer
When a licensee responds to an inquiry from a person seeking general information, what type of working relationship is established?