Question 1

The case of VonHoldt v.Barba & Barba Construction, Inc.held that:

Accepted Answer

A) the implied warranty of habitability does not include actions against a builder brought by a subsequent purchaser for latent defects in an addition to a home. 
B) the plaintiff's complaint should not have been dismissed by the lower court. 
C) when a builder makes a significant addition to a previously built home, an action for damages resulting from latent defects affecting habitability exists under the doctrine of implied warranty of habitability. 
D) Both (b) and (c). 
A) the implied warranty of habitability does not include actions against a builder brought by a subsequent purchaser for latent defects in an addition to a home. 
B) the plaintiff's complaint should not have been dismissed by the lower court. 
C) when a builder makes a significant addition to a previously built home, an action for damages resulting from latent defects affecting habitability exists under the doctrine of implied warranty of habitability. 
D) Both (b) and (c). C

Question 2

Zoning ordinance variances:

Accepted Answer

A) are not available for hardships caused by the actions of the property owner seeking the variance. 
B) are available if it affirmatively appears that the property owner seeking the variance cannot yield a reasonable return on the owner's investment in the property. 
C) are available for hardships caused by the variance that are common to the zoned area. 
D) Both (a) and (b). 
E) Both (a) and (c). 
A) are not available for hardships caused by the actions of the property owner seeking the variance. 
B) are available if it affirmatively appears that the property owner seeking the variance cannot yield a reasonable return on the owner's investment in the property. 
C) are available for hardships caused by the variance that are common to the zoned area. 
D) Both (a) and (b). 
E) Both (a) and (c). D

Question 3

A buyer's remedies for breach of the warranty to transfer marketable title include all but which of the following?

Accepted Answer

A) Specific performance with a price reduction. 
B) An injunction. 
C) Rescission and restitution. 
D) Damages for loss of bargain. 
A) Specific performance with a price reduction. 
B) An injunction. 
C) Rescission and restitution. 
D) Damages for loss of bargain. B

Question 4

The seller's warranty that he has marketable title to the land would be breached if the buyer discovers:

Accepted Answer

A) a lien on the land. 
B) a defect in the chain of title. 
C) a lease of the premises. 
D) All of the above. 
E) Only (a) and (b) above are correct. 
A) a lien on the land. 
B) a defect in the chain of title. 
C) a lease of the premises. 
D) All of the above. 
E) Only (a) and (b) above are correct.

Question 5

There are three major types of deeds.

Accepted Answer

A) True 
 B)False

Question 6

The Fair Housing Act, which is Title VII of the Civil Rights Act, prohibits discrimination based on race and color only.

Accepted Answer

A) True 
 B)False

Question 7

A mortgage creates a security interest in real property.

Accepted Answer

A) True 
 B)False

Question 8

A deed of trust is almost identical to a warranty deed.

Accepted Answer

A) True 
 B)False

Question 9

Adverse possession:

Accepted Answer

A) is an involuntary transfer of title. 
B) is an illegal transfer of title. 
C) allows a person a chance to retrieve their mortgage. 
D) None of the above. 
A) is an involuntary transfer of title. 
B) is an illegal transfer of title. 
C) allows a person a chance to retrieve their mortgage. 
D) None of the above.

Question 10

Deeds generally end with:

Accepted Answer

A) the grantor's signature. 
B) a seal. 
C) an acknowledgment before a notary public to verify the authenticity of the document. 
D) None of the above. 
E) (a), (b), and (c) are correct. 
A) the grantor's signature. 
B) a seal. 
C) an acknowledgment before a notary public to verify the authenticity of the document. 
D) None of the above. 
E) (a), (b), and (c) are correct.

Question 11

If Stan's land is condemned in order to build a subway system for the city, he must be given:

Accepted Answer

A) the fair market value of the property as of the time of the taking. 
B) equivalent property. 
C) the option of keeping the property. 
D) his price for the property. 
A) the fair market value of the property as of the time of the taking. 
B) equivalent property. 
C) the option of keeping the property. 
D) his price for the property.

Question 12

The power to take private property for public use is known as:

Accepted Answer

A) allocation. 
B) eminent domain. 
C) after-acquired title. 
D) enabling. 
A) allocation. 
B) eminent domain. 
C) after-acquired title. 
D) enabling.

Question 13

If Connie buys real estate subject to an existing mortgage, she will have to pay the mortgage if the mortgagor does not.

Accepted Answer

A) True 
 B)False

Question 14

Controls that apply to the use of privately owned property include:

Accepted Answer

A) zoning. 
B) eminent domain. 
C) restrictive covenants. 
D) All of the above. 
A) zoning. 
B) eminent domain. 
C) restrictive covenants. 
D) All of the above.

Question 15

Discuss the types of deeds that can be used to transfer title.

Accepted Answer

Warranty deeds, special warranty deeds,

Question 16

A contract agreeing to indemnify the insured against certain specified defects in title to real property is called:

Accepted Answer

A) title insurance. 
B) a warranty deed. 
C) guarantee insurance. 
D) a real estate guarantee. 
A) title insurance. 
B) a warranty deed. 
C) guarantee insurance. 
D) a real estate guarantee.

Question 17

Which of the following would be an invalid restrictive covenant in a deed?

Accepted Answer

A) A requirement that all buildings are of a certain style. 
B) A requirement that all homes contain a double garage. 
C) An agreement not to sell to African-Americans. 
D) An agreement requiring a minimum size for homes. 
A) A requirement that all buildings are of a certain style. 
B) A requirement that all homes contain a double garage. 
C) An agreement not to sell to African-Americans. 
D) An agreement requiring a minimum size for homes.

Question 18

An enabling statute:

Accepted Answer

A) delegates the power to zone to local city and village authorities. 
B) typically allows municipalities to regulate and limit building heights. 
C) typically grants the power to limit the intensity of use in a particular area. 
D) All of the above. 
E) None of the above. 
A) delegates the power to zone to local city and village authorities. 
B) typically allows municipalities to regulate and limit building heights. 
C) typically grants the power to limit the intensity of use in a particular area. 
D) All of the above. 
E) None of the above.

Question 19

Jesse purchases Erica's house and in so doing assumes the mortgage.Which of the following is true?

Accepted Answer

A) Jesse is personally liable to pay the mortgage. 
B) Erica is personally liable to pay the mortgage. 
C) Erica is no longer liable to pay the mortgage. 
D) Both (a) and (b). 
E) Both (a) and (c). 
A) Jesse is personally liable to pay the mortgage. 
B) Erica is personally liable to pay the mortgage. 
C) Erica is no longer liable to pay the mortgage. 
D) Both (a) and (b). 
E) Both (a) and (c).

Question 20

The transfer of real estate requires consideration to be valid.

Accepted Answer

A) True 
 B)False

Exam 50: Transfer and Control of Real Property

The case of VonHoldt v.Barba & Barba Construction, Inc.held that:

Zoning ordinance variances:

A buyer's remedies for breach of the warranty to transfer marketable title include all but which of the following?

The seller's warranty that he has marketable title to the land would be breached if the buyer discovers:

There are three major types of deeds.

The Fair Housing Act, which is Title VII of the Civil Rights Act, prohibits discrimination based on race and color only.

A mortgage creates a security interest in real property.

A deed of trust is almost identical to a warranty deed.

Adverse possession:

Deeds generally end with:

If Stan's land is condemned in order to build a subway system for the city, he must be given:

The power to take private property for public use is known as:

If Connie buys real estate subject to an existing mortgage, she will have to pay the mortgage if the mortgagor does not.

Controls that apply to the use of privately owned property include:

Discuss the types of deeds that can be used to transfer title.

A contract agreeing to indemnify the insured against certain specified defects in title to real property is called:

Which of the following would be an invalid restrictive covenant in a deed?

An enabling statute:

Jesse purchases Erica's house and in so doing assumes the mortgage.Which of the following is true?

The transfer of real estate requires consideration to be valid.

Introduction to Law

Business Ethics

Civil Dispute Resolution

Constitutional Law

Administrative Law

Criminal Law

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance, Breach, and Discharge

Contract Remedies

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

Sales Remedies

Form and Content

Transfer

Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Relationship of Principal and Agent

Relationship With Third Parties

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature and Formation of Corporations

Financial Structure of Corporations

Management Structure of Corporations

Fundamental Changes of Corporations

Secured Transactions and Suretyship

Bankruptcy

Securities Regulation

Intellectual Property

Employment Law

Antitrust

Accountants Legal Liability

Consumer Protection

Environmental Law

International Business Law

Introduction to Property, Property Insurance, Bailments, and Documents of Title

Interests in Real Property

Trusts and Wills

Filters