Deck 1: Sources of Real Estate Law

Question 1

State statutes are the only reliable source of real estate law.

Answer 1

False

Question 2

Ordinances are generally enacted by state legislatures.

Answer 2

False

Question 3

The Code of Federal Regulations is passed by Congress.

Answer 3

False

Question 4

Both the state and U.S. constitutions have provisions relating to real estate.

Question 5

The Consumer Financial Protection Bureau is an example of a federal agency charged with enforcing a federal legislative enactment.

Question 6

The Real Estate Settlement Procedures Act is part of the United States Code.

Question 7

All federal regulations have a statutory basis in the United States Code.

Question 8

The common law of the United States originated in England.

Question 9

Judicial decisions make up part of the common law.

Question 10

Judicial interpretations of statutes are as much the law as the statutes themselves.

Question 11

Legislative intent is an important factor used by courts in statutory interpretation.

Question 12

Private laws need not comply with constitutional protections.

Question 13

Contracts are an example of private law.

Question 14

The rights of property owners in eminent domain proceedings are covered in the U.S. Constitution.

Question 15

The Fourth Amendment provides privacy protections for property owners.

Question 16

Real estate licensing laws are found at the federal level.

Question 17

State laws on real estate cannot violate the U.S. Constitution.

Question 18

The Internal Revenue Code is part of the Code of Federal Regulations.

Question 19

Landlord/tenant statutes are part of state statutes.

Question 20

The Internal Revenue Code is a federal statute.

Question 21

Uniform laws such as the Uniform Partnership Act are part of state legislative codes.

Question 22

Case precedent is reviewed even when case facts are not identical.

Question 23

Cases involving the same statute are always decided the same way.

Question 24

States do not have their own administrative regulations.

Question 25

The Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution requires the federal government to apply laws equally to all citizens so that they all enjoy the same protections for land ownership.

Question 26

The Fifth Amendment of the U.S. Constitution affords landowners protection in eminent domain proceedings from the federal government.

Question 27

States need not follow the Fifth Amendment in their eminent domain proceedings against property owners.

Question 28

Legislators enact the rules and regulations agencies use.

Question 29

An example of private law would be broker licensing provisions.

Question 30

State constitutions cannot include provisions other than those that govern the structure of state government.

Question 31

State constitutions do not affect the sale and use of real property.

Question 32

Precedent from one federal district or circuit cannot be used in any other federal district or circuit.

Question 33

The rights in the U.S. Constitution are superseded by any state laws that are different.

Question 34

The American Recovery and Reinvestment Act is part of the U.S. Constitution.

Question 35

The Bureau of Consumer Financial Protection is the new federal agency for consumer rights that is located within the Federal Reserve.

Question 36

The specifics of zoning laws are generally found in state statutes.

Question 37

Eminent domain does not require due process.

Question 38

The licensing of real estate agents is an example of an area of federal regulation.

Question 39

The Mortgage Reform and Anti-Predatory Lending Act is an example of a federal statute affecting real estate transactions.

Question 40

The Fifth Amendment provides landowners with protections for the eminent domain process.

Question 41

The Restoring American Financial Stability Act is a regulation related to mortgages that was promulgated by the CFPB.

Question 42

Many of the laws governing vacation rentals such as Airbnb are found at the county and city levels.

Question 43

The battles over land use for economic development tend to be at the state level of laws.

Question 44

Uniform laws are generally drafted by the U.S. Congress.

Question 45

The overall structure of environmental laws is found at the federal level.

Question 46

In which of the following sources of law would the federal Truth-in-Lending controls be found?

A)U.S. Constitution
B)State statutes
C)Federal regulations
D)State constitutions

Question 47

Which of the following sources of law would contain provisions on broker licensing?

A)U.S. Constitution
B)State statutes
C)Federal regulations
D)Municipal ordinances

Question 48

Which of the following would not be found in the United States Code?

A)Laws regulating securities
B)Laws regulating the licensing of real estate brokers
C)Laws regulating the sale of undeveloped property
D)Laws regulating zoning

Question 49

Which of the following would not be found in state statutes?

A)Laws regulating the licensing of real estate brokers
B)Laws regulating the requirements for valid real estate contracts
C)ILSFDA
D)Laws governing partnership creation

Question 50

The Smiths have recently discovered that there is a mortgage on their property. Mrs. Smith wants to know where to turn to find the law on mortgages and mortgage recording statutes. Which of the following sources is correct?

A) State constitution
B) State legislative enactments
C) Federal regulations
D) U.S. Constitution

Question 51

The term stare decisis:

A) Refers to a doctrine that is no longer applied except at the U.S. Supreme Court level.
B) Is a term that refers to the actions of regulatory agencies after they are authorized under a federal enabling act.
C) Is not used in statutory interpretation questions.
D) Is a doctrine of deference to case precedent.

Question 52

Alice DeMinimis recently purchased a small two-bedroom home. She will be paying $85,000 for the home by paying $5,000 down and obtaining a loan for the remaining $80,000. Alice wants to know the difference between her rights if she has a mortgage versus a deed of trust. Which of the following sources of law will contain the information she needs?

A) State constitution
B) State legislative enactments
C) Federal regulations
D) U.S. Constitution

Question 53

Which of the following issues does the Fourth Amendment to the U.S. Constitution address?

A)Search and seizure
B)Due process
C)Just compensation
D)Equal protection

Question 54

18 U.S.C. Section 1201 is an example of a:

A)Federal administrative regulation.
B)Federal legislative enactment.
C)State statute.
D)Provision of the U.S. Constitution.

Question 55

12 C.F.R. § 226 is an example of:

A) Federal administrative regulation.
B) Federal legislative enactment.
C) State regulation.
D) City ordinances.

Question 56

Zoning ordinances are generally part of:

A)State constitutions.
B)Code of Federal Regulations.
C)City ordinances.
D)State statutes.

Question 57

In interpreting a statute, a court will not consider:

A) The legislative intent.
B) The words chosen.
C) The factual circumstances.
D) The vote margin for passage.

Question 58

Which of the following is not part of the United States Code?

A)Real Estate Settlement Procedures Act
B)Internal Revenue Code
C)Interstate Land Sales Full Disclosure Act
D)Uniform Partnership Act

Question 59

The Code of Federal Regulations:

A) Is passed by Congress.
B) Provides interpretations of the U.S. Constitution.
C) Contains state regulations as well as federal regulations.
D) Can be found in CFR.

Question 60

The Haskell Family has operated a dry cleaning business for 40 years. They have dumped solvents on their property during that time. As the family prepares to sell the business, concerns about the dumping have arisen. Which of the following sources of law would provide information about their liability?

A) U.S. Constitution
B) State constitution
C) United States Code
D) City and county ordinances

Question 61

Bob Jones recently signed a lease for a studio apartment located in Manhattan. His studio is located on the top floor of a five-story brownstone converted into individual apartments and studios. A skylight in his loft has a crack between the plexiglass cover and the roof. Bob has moved his belongings away from the area beneath the skylight because rain and snow leak into the apartment. Because the heating system cannot compensate for the draft from the crack, the nighttime temperature in Bob's apartment is usually 10 degrees above the outside temperature. This January, the nighttime temperature in Bob's apartment has been, on average, 42 degrees. Which would be the best source of law for Bob to look to determine his rights?

A) The U.S. Constitution
B) The Code of Federal Regulations
C) New York's Uniform Residential Landlord Tenant Act
D) Decisions of the U.S. Supreme Court

Question 62

If you were forming a partnership with a fellow real estate broker to develop a tract of land, to which source of law would you turn for the law on forming a partnership?

A)Local ordinances
B)Code of Federal Regulations
C)State laws
D)State constitution

Question 63

Where would a real estate developer/syndicator find laws and regulations on selling limited partnership interests to investors?

A) Federal securities laws
B) U.S. Constitution
C) Consumer Financial Protection Bureau
D) Local zoning ordinances

Question 64

Where would a land developer find laws on the use restrictions on a tract of land they wishes to develop?

A) Local zoning ordinances
B) Federal regulations on consumer mortgages
C) There are generally no restrictions on undeveloped land
D) U.S. Constitution

Question 65

Rachel has just been fined by her homeowner's association (HOA) for parking her car in front of her house. HOA rules require cars to be in the garage or driveway. Rachel wants to know her best defense.

A) The rules are private laws and unenforceable.
B) The rules must be a state law before fines can be imposed.
C) A court case has held such rules to be unenforceable.
D) There are other neighborhoods where parking cars in the street is not prohibited.

Question 66

HOA rules are:

A) An example of private law.
B) An example of agency regulations.
C) Unconstitutional.
D) An example of local ordinances.

Question 67

Janice Mack has just been told by Soledad, her solar energy company, that she must obtain approval of her homeowner's association's Architectural Control Committee (ACC) before Soledad will be permitted to install her solar roof panels and system. Janice insists that the ACC has no power over use of her land. What sources of law would govern her rights?

A) Private law
B) City ordinances
C) Federal statutes
D) CFR

Question 68

Soledad, a solar company, tells Janice that if he installs the panels and system without ACC approval, he can be fined by the Registrar of Contractors for the state. What level of law would the Registrar fit into?

A) Federal law
B) Private law
C) State administrative law
D) Federal administrative law

Question 69

The GOOMBYs (Get Out of My Back Yard) in Rio Linda have brought suit to have a power plant removed from an area located just behind their back yards. The owners of the plant want to know what rights they have. Which of the following would not be a source of law governing the rights of the GOOMBYs?

A) Eminent domain protections in the federal constitution
B) Eminent domain protections in their state constitution
C) Case law on constitutional issues
D) CFR regulations on home mortgages

Question 70

Kent Jones operates a dry-cleaning business. He has been served with a notice from the Environmental Protection Agency (EPA) that he is in violation of 18 U.S.C. §1808. Kent is unsure what he has done and wants to know where he might find information on the law the EPA says he has violated. Where would you advise Kent to look?

A) Because he is a small business, he should look at his local ordinances and will find the statute there
B) Because the EPA is a federal agency, he should look at federal administrative regulations
C) Because the EPA is a federal agency, he should turn to the U.S. Constitution
D) He should turn to the state environmental agency because they would have superior jurisdiction over small businesses for environmental issues.

Question 71

Think about a landlord/tenant relationship and find which of the following sources of law would NOT apply.

A)Private law
B)The Interstate Land Sales Full Disclosure Act
C)Uniform Residential Landlord Tenant Act
D)Fair Housing Act

Question 72

Xenon Corporation had a contract to purchase a parcel of land for its new production facilities. Xenon made a $50,000 down payment on the contract. Xenon just learned that the property has restrictions on its use for industrial production. Where could Xenon check to determine what the law is on the use of the property?

A)Local ordinances
B)Federal law
C)The state constitution
D)The Uniform Commercial Code

Question 73

When there are new issues, ambiguities, or omissions in statutory language:

A)The statutes are unconstitutional.
B)Court decisions are used to clarify.
C)Ballot propositions are required to clarify.
D)Equity courts must offer clarification.

Question 74

Which is an example of private law?

A)Securities laws
B)The U.S. Constitution's provisions on privacy
C)Zoning laws
D)Landlord's rules for what you can have on the balcony of your apartment

Question 75

What is a source of common law?

A) Judicial decisions
B) The uniform laws that states have passed individually
C) The U.S. Constitution because it applies to all states in common
D) Local (city and county regulations) because they are closest to the people

Question 76

Jane Goodall is moving from New York to Vermont. Jane is a licensed real estate agent in New York and wants to know the requirements for becoming a licensed agent in Vermont. Where will Jane be able to find the Vermont requirements?

A)In the United States Code
B)In the Code of Federal Regulations
C)What is required will depend on which real estate firm Jane works for, so she needs to look at their private rules
D)Vermont state statutes

Question 77

Sally Swanson has opened a small bistro in Sedona, Arizona. The parking lot for her restaurant is located right next to Oak Creek, a creek that often floods during the summer rains. The result is that Sally loses one row of parking once the flooding occurs, and the spaces are not available until the creek levels subside. Sedona is going to build a structure along all Oak Creek adjoining properties to prevent the flooding. The result will be that Sally will lose 3 to 4 of her parking spaces. Sally wants to know where her rights can be found to challenge.

A)Sally loses the spaces anyway, so Sedona is not doing anything that affects Sally's rights.
B)Sally has protections under the Fifth Amendment of the U.S. Constitution.
C)Eminent domain is an absolute government right.
D)City ordinances will determine whether the city is taking Sally's property through its project.

Question 78

Jane is buying a home and intends to operate her business out of her home. Jane's real estate agent has advised her to check the zoning laws as well as the rules of the homeowner's association. Where would Jane find the zoning laws?

A)In the United States Code
B)In the laws for her state
C)In the county and city laws
D)There are no laws available; Jane would have to research case law to find them

Question 79

The rules of a homeowner's association would be an example of:

A) Federal law.
B) Federal regulations.
C) State statutes.
D) Private law.

Question 80

Which best describes what the issue was in the In Re North Carolina Swine Farm Nuisance Litigation?

A) Hog farm operations are now curbed in the state of North Carolina.
B) There are different types of land occupiers who are entitled to bring nuisance actions.
C) A property interest for purposes of bringing a nuisance action means that the plaintiff must hold some type of ownership interest in the affected property.
D) North Carolina will no longer allow hog farms in the state