RES 100 REAL ESTATE FUNDAMENTALS MID-TERM EXAM Based on 2013 Edition of Washington Real Estate Fundamentals PLEASE RECORD YOUR ANSWERS ON A SCANTRON FORM LABELED WITH YOUR NAME AND “MID-TERM” AND PLEASE USE A #2 PENCIL. THIS IS AN “OPEN BOOK” EXAM. EACH CORRECT ANSWER IS WORTH 1 POINT. 1. A lease that provides for periodic increases of rent at regular intervals is called a: A. B. 2. C. D. The best overall offer Both offers Reserve for replacements Advances to owners Operating expenses Debt service 7 percent 8 percent 10 percent 14 percent Which of the following situations is an example of encroachment? A. B. C. D. 6. The first offer received The highest offer A property produces an income of $10,000 per year. Management expenses are $700 annually. Monthly heating costs are $92. If the property is valued at $80,000, what is the owner’s approximate overall capitalization rate? A. B. C. D. 5. Yearly lease Net lease To obtain net operating income, which of the following expenses is subtracted from gross income? A. B. C. D. 4. C. D. If a broker receives two offers for the same property at approximately the same time, which of the following offers should the broker submit to the owner? A. B. 3. Graduated lease Percentage lease An access road that runs across a property from a public road to another property A storage building that extends over the boundary line between the property of the building owner and an adjacent property Timber that has been cut down on the property by a tenant for use as firewood A right-of-way for electric and telephone lines that goes across a property A cloud on the title of property will be revealed by the: A. B. C. D. Document1 Application for title insurance Appraisal Settlement or closing Title search 1 7. Solina, who recently received the deed to a newly purchased property, noted that there were a number of limitations regarding the use of the property. These limitations are commonly known as: A. B. C. D. 8. The value placed on land and building by a governmental unit for use in levying annual real estate taxes is called the: A. B. C. D. 9. $406 $500 The owners of each will receive a master deed to their unit Each owner will be assessed for the cost of maintenance to the common areas The common areas are made available for use upon issuance of the proprietary lease Prior to receiving the unit deed the owners will execute a stock subscription agreement 160 acres 320 acres A half section A township When private property is abandoned, the public body of the state or the county may exercise its reversionary claim to that property under the right of: A. B. 13. C. D. A rectangular parcel of property that measures ½ mile by ½ mile is equal to: A. B. C. D. 12. $125 $281 Which of the following items are similar in the ownership of a condominium and cooperative? A. B. C. D. 11. Assessed value Market value Appraised value Economic value A property has an appraised value of $50,000. A loan is granted on the property for 75 percent of its appraised value. The loan is spread over 25 years at an interest rate of ¾ percent per month. If the amount paid toward the principal is to remain constant throughout the life of the loan, what is the FIRST monthly payment? A. B. 10. Constraints Building codes Codicils Restrictive covenants Escheat Eminent domain C. D. Police power Condemnation Failure of homeowners to pay for labor to repair their home may result in a: A. B. Document1 Mechanic’s lien General lien C. D. 2 Construction lien Banker’s lien 14. Developer Gary leases real property from the owner with the intent of constructing an office building on it. Gary has which of the following interests in the property? A. B. C. D. 15. Under the cost approach method of appraisal the term “accrued depreciation” may refer to which of the following options EXCEPT: A. B. C. D. 16. Grant Quitclaim Exculpatory Prepayment C. D. Assumption Subordination Common elements Limited common elements Fee simple elements Leasehold elements Which of the following terms describe personal property that, because of its attachment to real property, is regarded as real property? A. B. 20. C. D. In a condominium apartment project, swimming pools and laundry rooms for use of unit owners are described as: A. B. C. D. 19. Warranty Special Warranty Which of the following clauses will change the priority of mortgage or deed of trust in relation to a subsequent encumbrance? A. B. 18. Down zoned land Termite damage Out-dated plumbing fixtures External lighting fixtures in ‘need’ of repair Which of the following deeds should a grantor use to transfer an uncertain interest in real property? A. B. 17. Leased fee Leasehold Sale and leaseback Lease option Emblements Personalty C. D. Fixtures Trade fixtures Under which of the following agreements are the owners of a property obligated to pay a commission, even though they want to sell the property themselves? A. B. C. D. Document1 An exclusive agency listing An open listing An exclusive right-to-sell listing An option 3 21. The owners of a house are being transferred. They want to sell but also want to avoid a commission if they are able to find their own buyer. The listing type that will meet their specific needs is a (n): A. B. 22. C. D. Security Proprietary lease The signatures of the devisors The signatures of the grantors A legal description of the property A granting clause Physical deterioration Accrued depreciation Functional obsolescence Economic obsolescence The provision in a deed of trust or a mortgage that gives the lender the right to call the entire balance due on a default in any payment is called a (n): A. B. C. D. 27. Cooperative Sale-leaseback If the value of a property is affected by negative forces outside the property, which are beyond the control of the owner, an appraiser shows this on the appraisal report as: A. B. C. D. 26. Delivery and acceptance of the deed Recording of the deed Signing of the deed by the lender Witnessing and acknowledging of the deed A valid deed must contain all of the following information EXCEPT: A. B. C. D. 25. Net listing Multiple listing A condominium unit that is sold in connection with a “rental-pool arrangement,” with no individual right of control, is considered a type of: A. B. 24. C. D. Requirements for conveying title to real property include: A. B. C. D. 23. Exclusive right-to-sell Exclusive agency Acceleration clause Prepayment penalty clause Prepayment privilege clause Right of redemption clause Which of the following sources provides the MOST reliable data for a direct sales comparison? A. B. C. D. Document1 Loan foreclosure sales Divorce property settlements Estate sales Multiple listing service sales records 4 28. The act of recovering title to property lost through foreclosure on a mortgage is called: A. B. 29. Redemption Reclamation Injunction Deficiency judgment Fraudulent misrepresentation Negligent omission Which of the following details is included in an appraisal of a parcel of real property: A. B. C. D. 31. Mortgagee against default in loan payments Mortgagor against default in loan payments Mortgagee against existing, undiscovered title defects Mortgagor against unrecorded liens The right of ingress and egress over the land of another is classified as a (n): A. B. C. D. 34. A fee simple estate is the least limiting interest in property A deed must be recorded to be valid A leasehold interest is a higher estimate than a freehold A deed must be acknowledged to be valid A “mortgagee’s title policy” will protect the: A. B. C. D. 33. An estimate of the property taxes A stated definition of estimated value The real estate taxes on adjacent property The owner’s estimate of value Which of the following statements about real property ownership is CORRECT? A. B. C. D. 32. Restitution Reparation A Broker, with full knowledge, intentionally put deceptive information into a MLS listing form. Based on that information an offer was made and accepted. The offeree suffered damages as a result of the transaction. The Broker may be liable for damages because of a (n): A. B. C. D. 30. C. D. Servient tenement Easement Encroachment Equitable lien A commercial site is being appraised. In order for the appraiser to consider the site at its highest and best use, the site must meet all of the following criteria EXCEPT that the use be: A. B. C. D. Permissible legally Compatible with surrounding land uses Economically feasible Managed by a licensed property manager Document1 5 35. Which of the following statements about an oral sales contract that involves the sale of real estate is CORRECT? A. B. C. D. 36. Asia purchases an individual cooperative housing unit with a large down payment. Asia should receive all of the following documents EXCEPT: A. B. C. D. 37. It may not be enforceable if a breach takes place It is not subject to the Statute of Frauds It is a common method of consummating a sale It is assignable to a third party A proprietary lease Shares of stock Corporate bylaws A special warranty deed Which of the following clauses in a conventional mortgage instrument entitles the lender to accelerate the loan if the loan is assumed? A. Prepayment B. Right to sell 38. C. Due on sale D. Variable interest rate The brokerage fee, to be charged by a listing broker to the Seller, is determined by the: A. Local ordinance B. Local real estate board 39. An appraiser using the direct sales comparison approach has information on a comparable property that is similar in all respects to the subject property except that, while the subject property is ten years old and has two baths, the comparable property is five years old and has one bath. In this case, the appraiser should adjust the: A. B. C. D. 40. C. Multiple listing service D. Brokerage and Seller Sale price of the comparable property down for the age and up for the number of baths Sale price of the comparable property up for the age and down for the number of baths Value of the subject property up for the age and up for the number of baths Value of the subject property up for the age and down for the number of baths All of the following requirements are necessary to the establishment of an “agency” relationship EXCEPT: A. An agreement between the parties B. Competent parties 41. C. A lawful objective D. Earnest money Which of the following controls govern the acquisition and transfer of title to land, including matters such as the laws of intestate succession? A. B. C. D. The federal laws The laws of the state in which the property is located The laws of the state in which the owner resides The wishes of the person holding title Document1 6 42. Which of the following deeds fails to provide the purchaser any assurance as to the quality of the grantor’s title? A. B. C. D. 43. General warranty Quitclaim Trustee’s Special warranty A Washington real estate broker may: A. Accept an offer, which will be binding on the broker’s principal, if he or she is given the proper authority by the principal. B. Reject an offer without consulting the principal. C. Submit an offer on behalf of a buyer, even if he is representing the seller in an exclusive listing. D. Offer to buy a listed property through a straw man, as long as the offer is at the listed price. 44. A broker lists a property. The broker advertises and shows the property several times, but after each showing, the owners call the broker with a list of unreasonable restrictions they want placed on the showing of the property. The broker decides not to continue the listing. In this situation, the broker: A. B. C. D. 45. All of the following actions terminate a listing agreement EXCEPT: A. B. C. D. 46. Acceptance by the principal of an offer to purchase Death of the broker or principal Bankruptcy of the broker or principal Mutual agreement The instrument that is recorded which shows that a lien has been removed is known as a (n): A. B. C. D. 47. Must sue the owners to obtain a release from the listing contract Must give the owner thirty days advance written notice to cancel the listing contract May not cancel the listing contract May renounce the listing contract without obtaining permission from the owner. Acknowledgment Cession Release Trust Broker Shin is employed by the Johansen’s to sell their house. The Mulkowski’s submit an offer to Shin to purchase the Johansen’s house, and they tell Shin that they will pay more than the offer price if the Johansen’s request it. In this situation, Shin is: A. Not obligated to convey the information to the Johansen’s because it will violate Shin’s relationship with the Mulkowski’s B. Not obligated to convey the information to the Johansen’s because the Mulkowski’s are not bound by this verbal representation C. Obligated to withdraw from the transaction because of conflicting obligations to the parties D. Obligated to convey the information to the Johansen’s Document1 7 48. Which of the following statements provides justification for owner’s claims that their property assessment is too high? A. B. C. D. 49. All of the following pairs of terms describe the same person EXCEPT: A. B. C. D. 50. After bringing the buyer and seller together under contract Only with the consent of the associate’s employing broker At the time of settlement At no time For a real estate sales contract to be valid it MUST: A. B. C. D. 53. It automatically becomes tenancy in severalty It is divided, with 50 percent held by Ray and 50 percent to Kim’s estate Ray holds fee simple ownership in Kim’s share of the property Ray holds a life estate ownership in Kim’s share of the property A real estate salesperson may offer legal advice concerning real estate: A. B. C. D. 52. Lessor..landlord Mortgagee..lender Grantor..seller Life tenant..remainderman Kim and Ray bought a house as tenants in common. If Kim dies, which of the following statements is CORRECT about ownership of the house? A. B. C. D. 51. Comparable properties are assessed for less The owners have made no improvements on the property since the last assessment period The owners property was assessed for less the previous year Market conditions for sales are slow Be signed by the seller Provide for possession of the property by the buyer Provide for installment payments Contain a metes and bounds description of the property Nikaya has been given the authority to enter into contracts of any kind, on behalf of a principal. Nikaya is a(n): A. B. 54. special agent universal agent C. D. specific agent attorney Miyako acted on behalf of Tony without his authority, or even appearance of authority. At a later date, Tony approved of her actions. Tony’s later approval of Miyako’s actions would be an example of: A. Express agreement B. Ratification Document1 C. D. 8 Estoppel Assumption of authority 55. A buyer should consider the disclosure statement to be a A. B. C. D. 56. Warranty by the seller of the condition of the property Partial agreement between the buyer and the seller Disclosure statement only Guaranty that every problem has been disclosed Sellers of which of the following are obligated to make a property disclosure? A. Investment property B. Multi-family property 57. Five years ago, Unit 5B in a condominium community was the site of a brutal and highly publicized murder. The unit was then sold to an elderly woman who contracted the AIDS virus in a blood transfusion and died in the last year. As the Broker chosen by the Executor for the woman’s estate, what are your disclosure responsibilities to prospective purchasers of Unit 5B? A. B. C. D. 58. C. Residential property up to four units D. Commercial property You must voluntarily disclose both the murder and the AIDS-related death You are specifically prohibited by law from disclosing either event You are specifically relieved of liability for nondisclosure of either event You do not need to disclose the AIDS-related death Broker A took a listing for a small office building. Because the property is in excellent condition and produces a good, steady income, Broker B in the same brokerage office has decided to make an offer on it as an investment. If Broker B wishes to buy this property, Broker B must A. Resign as a Broker with this brokerage, then make an offer B. Have some third party purchase the property on Broker B’s behalf so that the owner does not learn the true identity of the purchaser C. Obtain permission from the Washington Real Estate Commission D. Inform the owner in writing that Broker B is a licensee before making an offer 59. Six months after the buyer bought a house, the roof leaked during a rainstorm. When the house was listed, the seller told the listing broker that the roof leaked, but they agreed not to tell any prospective buyers. The broker states that the buyer did not ask about the roof. Under these facts the buyer A. B. C. D. 60. Can sue the broker for non-disclosure Cannot sue the broker under the license law Can sue the seller under license law Cannot do anything because the leaking roof could have been discovered by inspection A Broker has signed a brokerage agreement with a tenant who is looking for an apartment to rent. The Broker does not charge a fee to prospective tenants; rather, the Broker receives a commission from landlords. The Broker tells a landlord that the prospective tenant could probably pay a somewhat higher rent than the landlord is asking. Which of the following statements is true? A. The Broker owes the statutory agency duties to the landlord who pays the commission B. The Broker’s disclosure to the landlord was appropriate under these circumstances C. The Broker’s disclosure violated the statutory duties owed to the tenant Document1 9 D. Because the Broker is not charging a fee to prospective tenants, the Broker has violated Washington agency statute 61. A real estate broker representing the seller knows that the property has a cracked foundation and that its former owner committed suicide in the kitchen. The broker must disclose A. B. C. D. 62. A seller has filed a suit for damages against the broker whom the seller listed a property with, claiming that the broker really represented the buyer without disclosing that fact to the seller and obtaining the seller’s permission. The buyer has testified to various statements, made by the broker to the buyer. Which of the following alleged statements would be MOST damaging to the broker? A. B. C. D. 63. Both facts The suicide, but not the foundation The cracked foundation, but disclosing the suicide could constitute a breach of duty to the client Neither fact “This property has the best view in the city.” “You should submit your offer as soon as possible.” “Let’s start with an offer under the listed price.” “Let me explain about the different ways we can finance this property.” If a principal tells the Broker to make certain material representations which are known to the principal to be false, and if the Broker follows those instructions, the: A. Principal is liable because he or she explicitly authorized the misrepresentation. B. Broker will not be personally liable for the misrepresentation. C. Broker cannot lose his or her license as long as the Broker was following the instructions of principal. D. Representations are not actionable at law. 64. Mr. and Mrs. Meyerson listed their home with broker Nathan. At the time of the listing, the Meyersons withheld from Nathan the fact that there was dry rot in the structure. When Nathan secured an offer from Mr. and Mrs. Liu, they continued to withhold the information about the dry rot from Nathan and the buyers, although they accepted the Liu’s offer. Shortly thereafter, Mr. and Mrs. Liu rescinded the contract when they discovered the dry rot. Broker Nathan is entitled to: A. The full commission. B. One-half the regular commission. 65. C. Out-of-pocket expenses. D. The full commission plus punitive damages. A brokerage’s license is issued to a corporation, limited liability company, or limited liability partnership. Who is entitled to act as a managing broker? A. All corporate officers, managers, and partners B. One corporate officer, manager or partner who is named in the license application C. All individuals hired by the corporation or partnership for the express purpose of conducting real estate business D. Any individual acting on behalf of the corporation or partnership Document1 10 66. In Washington, a broker may NOT: A. Represent both a tenant and an owner. B. Take a net listing on a property. C. Collect a commission from both parties to a transaction, even if both parties know of the commission from the other and give their consent. D. Sell a property listed by another broker, without permission of the listing broker. 67. Commissions earned by a broker in a real estate transaction A. Are determined by agreement of the broker and his or her principal B. May be shared with an unlicensed person as a referral fee, provided that such person aided the broker in bringing the buyer and seller together C. May be deducted from the earnest money deposit and claimed by the broker as soon as the buyer and seller execute the purchase and sales agreement D. Are based on a schedule of commission rates set by the Washington Real Estate Commission 68. The broker received a buyer’s earnest money check for $5,000 and immediately cashed it. At closing, the broker handed the seller a personal check drawn on the broker’s personal bank account for $5,300, representing the original earnest money plus 6 percent interest. The broker A. Should have deposited the money in a special non-interest-bearing bank account B. Properly cashed the check, but should have kept the interest C. Should have deposited the money in his personal bank account, and would have been entitled to keep the interest as a service fee D. Should have deposited the money in a special bank account, and should have discussed the interest with the parties 69. The broker is required to keep all of the following bank trust account records EXCEPT A. A client’s accounting ledger summarizing all moneys received and all moneys disbursed for each transaction or each account B. Separate ledger sheets, in conjunction with client ledgers, for each tenant (including security deposit), lessee, vendee, or mortgagor C. A duplicate cash receipts journal that is kept in a safe deposit box D. Reconciled bank statements and cancelled checks for all trust bank accounts 70. Concerning the required Real Property Transfer Disclosure Statement, if the buyer does not deliver a written rescission notice to the seller within the three-day period after receiving the statement from the seller, the A. B. C. D. 71. Buyer forfeits his or her opportunity to buy the property Real property disclosure statement will be deemed approved and accepted by the buyer Seller can sue the buyer for damages Real property transfer disclosure statement will be deemed rejected by the buyer A managing broker died. At the time of the broker’s death, the broker’s daughter, who was an associate broker licensed under the managing broker, had several listings with the deceased broker’s office. The daughter had her license reissued as a managing broker and took over the business from her father’s estate. The daughter must: Document1 11 A. Notify all the sellers that she has taken over the business before she can enforce the listings and legally collect a commission. B. Re-list the properties with her. C. Do nothing additional, in order to continue in business as usual. D. Have the father’s personal representative sign over the listings to her. 72. Maya listed her house for sale with the real estate firm of Dilley, Dalley, Doolittle and Stall for 180 days. After 90 days, the property had not yet sold, and Maya changed her mind about selling. Maya then instructed the firm to take the property off the market. The agency relationship is terminated: A. B. C. D. 73. On the 180th day of the listing. When the firm receives the instructions to take the property off the market. As soon as Maya re-lists the property with another broker. On the 180th day of when Maya re-lists the property, whichever occurs earlier? Under the law of agency in Washington, the duty to disclose requires that the Broker accomplish which of the following? A. Conduct an independent inspection of the property B. Conduct an independent investigation of the financial condition of the parties C. Independently verify the accuracy and completeness of any statements made by either party or other source D. Disclose any material defect in the property that is known by the Broker 74. The Broker represents the seller, whose property was the site of a grisly murder. A prospective buyer asks the Broker about the crime. The agent should A. Deny the crime because it does not constitute a material fact B. Tell the prospective buyer the truth about the event C. Deny any knowledge of the crime so as not to hinder the transaction while not committing misrepresentation. D. Tell the buyer to talk to the neighbors 75. The Director of the Department of Licensing is responsible for all of the following EXCEPT A. B. C. D. 76. Holding hearings Granting or denying licenses to real estate license applicants Setting the general real estate tax range for each county in the state of Washington Enforcing all laws, rules, and regulations relating to the licensing of real estate licensees If the director finds that a licensee has violated the license law, the director can impose any of the following sanctions EXCEPT A. Require that the licensee to complete a course in the area of real estate practice relevant to the rule violated B. Order that the licensee be imprisoned for not more than 30 days for each offense C. Suspend, revoke, or deny the license D. Levy a fine not to exceed $1,000 for each offense Document1 12 77. If the licensee wishes to appeal the decision made by the director in a disciplinary hearing, the appeal and bond must be filed within A. 48 hours of the director’s decision B. 7 days of the director’s decision 78. Disciplinary sanctions will be warranted if the licensee accepts something other than cash, or its equivalent, as earnest money without communicating that fact in writing to the owner before A. Delivery of the offer to purchase B. Closing the transaction 79. Depositing earnest money into the trust account Acting as a vehicle dealer without having a license to do so Violating an order to cease and desist issued by the director Any conduct in a real estate transaction which demonstrated bad faith, dishonesty, untrustworthiness, or incompetence Disciplinary sanctions will be warranted if the licensee directs any transaction involving his or her principal to any lending institution or escrow company in expectation of receiving a kickback or rebate without first disclosing such expectation to A. His or her managing broker B. His or her principal 81. C. Acceptance of the offer to purchase D. Accepting this commodity as earnest money Which of the following is a legal activity and will NOT warrant disciplinary sanctions? A. B. C. D. 80. C. 30 days of the director’s decision D. 60 days of the director’s decision C. All parties to the transaction D. The lending institution in question A managing broker will be held liable for the conduct of his or her affiliated licensee under which of the following circumstances? A. The affiliated broker violated a provision of the license law in contravention of the managing broker’s specific written policies B. The managing broker had taken reasonable measures to verify that adequate supervision was being performed C. Upon learning of the violation, the managing broker attempted to prevent or mitigate the damage D. The managing broker was aware of, but did not participate in the violation 82. A real estate managing broker wishes to maintain an office in a residential building. All of the following conditions must be met EXCEPT that the A. Office must be separate from any living quarters B. Office must be identified as a real estate office by a sign at the office entrance that is visible to the public C. Office must be accessible to the public by a street address that can be reasonably located D. Managing Broker must live on the premises 83. A managing broker must maintain records of his or her trust bank account. These records must include: A. Interest the broker earned on a pooled account for sales activity. Document1 13 B. Records of payments made, unless the payment was made to a registered escrow agent in WA. C. Duplicates of deposit slips showing a bank validation stamp. D. Check registers in triplicate. 84. If a licensee changes the location of his or her business, the licensee must A. First receive permission from the director to change his or her business location B. Notify the Department of Licensing of his or her change of address within 30 days C. File a change of address with the Department of Licensing before transacting business at the new location D. Surrender the license to the director and a new one with the new address will be issued 85. Rachel, a Broker, sold a property without notifying her managing broker. Rachel gave part of the commission directly to Slauto, a broker licensed to another firm, because they had worked together to complete this sale. Which of the following statements is correct regarding the situation? A. B. C. D. 86. A branch office license is not necessary when all real estate sales activity is conducted on and limited to a particular subdivision or tract, as long as a licensed office is located within A. B. C. D. 87. Rachel does not have the right to receive commissions directly. Slauto may legally keep the money Rachel gave him. Rachel has not violated her duty to her managing broker. Slauto has not violated his duty to his principal. 5 miles of the subdivision or tract 35 miles of the subdivision or tract 50 miles of the subdivision or tract 10 miles of the subdivision or tract The broker must deliver all documents signed by the parties, including earnest money receipts, listing agreements, and the closing statement A. Within 24 hours of signing B. At the time of signing 88. Natasha is a managing broker with many years experience in the residential field. She works closely with Churnham and Burnham, Mortgage Brokers. Because of her loyalty she gets very attractive mortgage terms for her brokerage customers. On each transaction Churnham and Burnham gives her a $100 referral fee. In this situation: A. B. C. D. 89. C. Within 5 business days of signing D. Within 14 business days of signing Natasha is in violation of the license law. Natasha must obtain a mortgage broker license. Natasha has done nothing wrong. Churnham and Burnham is in violation of the license law. For sales transactions, a copy of the earnest money agreement, a copy of the final settlement statement, and any addenda related to the accounting or disposition of client funds must be A. Maintained by a certified title company. B. Kept at a separate location from the location where the trust bank account records are maintained. Document1 14 C. Kept at the same location where the trust bank account records are maintained. D. Kept at the main office or any branch where the brokerage firm is licensed. 90. Unless otherwise agreed to in writing, all checks received as earnest money, security or damage deposits, rent, lease payments, contract or mortgage payments on real property, or business opportunities owned by clients, must be made payable to the A. B. C. D. 91. A sales agreement has been negotiated by more than one broker, and the purchaser deposits funds prior to the closing. The managing broker who first receives the funds will keep them and be accountable for them until they are distributed in accordance with written instructions signed by A. B. C. D. 92. All participating managing brokers All parties to the transaction All parties to the transaction and all participating managing brokers The escrow agent Any amendment or modification to a property management agreement must be made in writing and signed by A. B. C. D. 93. Lessor Seller or escrow agent Real estate brokerage as licensed Client who owns the real property or business opportunity The owner The owner and the managing broker All tenants of the property, if residential All tenants of the property whether residential or industrial A property management agreement, which must be written and signed before a broker can manage a property, must include all of the following EXCEPT A. A listing of tenant obligations B. The broker’s compensation C. The type and number of individual units in the project or the square footage if the property is something other than residential D. Whether or not the broker is authorized to collect and disburse funds, and for what purpose 94. Shortly after the close of escrow, Jiwani, the seller, learned that the buyers, Mr. and Mrs. Khanna, were the step father and mother of Jiwani’s broker, that the Khannas were acting on behalf of the broker, and that an escrow for resale of the same property had been opened at a $25,000 higher sales price before the Jiwani and Khanna escrow was closed. Jiwani filed a complaint with the Department of Licensing. Which of the following is true regarding this situation? A. After a hearing, the Director would discipline the broker for not disclosing the relationship and would award money damages to the seller. B. Since the seller got his asking price, there is no basis for a complaint. C. The real estate law does not cover a situation of this kind and the Department has no jurisdiction. D. The seller could sue the broker in civil court for the amount of the profit realized on the resale of the property and the broker is subject to disciplinary action by the Director. Document1 15 95. Under the Washington State theory of community property, both spouses are required to join in executing the security agreement or bill of sale for A. Household goods B. Furnishings and appliances 96. Washington homestead protection is A. An equitable right B. A statutory right 97. C. An inalienable right D. A right of ownership If a homestead property is sold to satisfy the owner’s unsecured debts, which of the following represents the first allocation from the proceeds of the sale? A. B. C. D. 98. C. A community mobile home D. All of these Amount of the homestead exemption is paid to the owner Amount of the debt is paid to the unsecured creditor Balance is paid to the owner Proceeds divided between the unsecured creditor and the owner A brokerage firm may pay a finder’s fee to: A. Another brokerage for real estate activity which involved the lease-option of real estate B. A broker previously licensed with the brokerage, who earned the fee prior to transferring his or her license C. A broker licensed in another state D. A broker licensed under another designated broker for real estate activity which involved the management of real estate 99. “Engaging in the real estate business” consists of acting for another and for a fee in all of the following activities EXCEPT A. B. C. D. 100. Managing real estate Selling a new manufactured or mobile home Selling real estate Collecting rent for the use of real estate A real estate broker must give the Agency Disclosure Statement to prospective purchasers/tenants A. B. C. D. Before they are shown any properties At an open house At the closing table Before any offers to purchase or lease are signed by the purchaser/tenants Document1 16