Deck 13: Contracts for Sale and Closing

Question 1

Both parties to a valid and enforceable contract must provide consideration.In a contract for the sale and purchase of real estate,which of the following depicts the seller's consideration?

A)A meeting of the minds with the buyer.
B)The option to present a counteroffer.
C)The property to be given up.
D)The money or goods that constitute the purchase price.

Answer 1

C

Question 2

Since the issues in many transactions are similar,brokers often use standard preprinted contract forms.Generally,the best standard form contracts are those prepared and approved by which of the following parties?

A)Buyer
B)Seller
C)Local Board of Realtors
D)Broker

Answer 2

C

Question 3

Since the seller often has utilized the property for a portion of the year in which the transaction is being made,certain costs associated with the property will be prorated at the closing.All of the following items are subject to being prorated EXCEPT:

A)Broker commission
B)Prepaid rent
C)Property tax
D)Mortgage interest

Answer 3

A

Question 4

Any contract,whether it is for the sale of real estate or some other entity,must contain five basic elements.However,any contract for the sale of real estate must adhere to two additional requirements.Which of the following contract elements is an additional requirement that must be satisfied in a contract for sale of real estate that isn't necessarily a part of other contracts?

A)Competent parties
B)Consideration
C)Offer and acceptance
D)Written form

Question 5

The final step in a real estate transaction is the closing.In most closings,which party is responsible for seeing that the closing is completed successfully?

A)Escrow agent
B)Lender
C)Selling Broker
D)Listing broker

Question 6

When a buyer signs an offer to purchase a property,the broker receives a monetary amount from the purchaser of 5 or 10 percent of the purchase price.This deposit is commonly referred to as the:

A)commission
B)earnest money
C)closing cost
D)title insurance premium

Question 7

In general,most contracts - including real estate contract - can be assigned.All of the following statements regarding assignment are true EXCEPT:

A)Any type of personal performance contracted by one party cannot be assigned without that party's permission.
B)Land contracts are not assignable without the owner's permission.
C)If buyer's of real estate assign the contract,the new buyers may pay the agreed upon price and obtain title to the property.
D)When buyers assign their rights to someone else,they escape liability under the original contract.

Question 8

In certain circumstances,mutual assent between the contracting parties may be broken,thus invalidating the contract.Which of the following defects to mutual assent involves compelling a person to act by the use of force?

A)One of the parties is under duress.
B)One of the parties is under undue influence.
C)One of the parties is under menace.
D)One of the parties is committing frauD.

Question 9

The laws of some states require that real estate brokers provide buyers and sellers with a list of estimated closing costs before signing a contract for sale.At the closing,it is typically which of the following party's responsibilities to pay the full premium for an owner's title insurance policy?

A)Buyer
B)Seller
C)Lender
D)Broker

Question 10

At the closing,the buyer will be credited for a number of costs that have been paid up front as well as a number of prorated expenses that account for the period of time during which the seller occupied the house.All of the following items detailed in the closing costs involve credits that are commonly passed on to the buyer EXCEPT:

A)Earnest money
B)Hazard insurance premiums
C)Property taxes
D)Mortgage interest

Question 11

The successful conveyance of real estate depends on a well-formed contract for sale since the contract dictates the rights and type of deed involved,as well as choreographs the entire transaction.Which of the following features of the contract for sale refers to the arrangements agreed to by the parties,such as price and date of closing?

A)Contract terms
B)Contract conditions
C)Equitable title
D)Contract with contingencies

Question 12

When a party in a contract fails to perform (e.g.breach of contract,nonperformance,or default)the other party has a variety of remedies.All of the following are remedies that an aggrieved seller may pursue EXCEPT:

A)Sue for damages.
B)Retain the earnest money deposit as liquidated damages.
C)Agree to rescission of the contract.
D)Sue for specific performance.

Question 13

Recording documents in the public records informs anyone who may have a potential interest in a property of both the owner and lender.In so doing,it provides what is commonly referred to as ____________ of an interest in real property.

A)mutual assent
B)constructive notice
C)consideration
D)simultaneous issue

Question 14

If property owners fail to pay their taxes in a timely fashion,this can create a first lien on the mortgaged property.In order to protect against this,lenders often require that borrowers add what fraction of their estimated tax bill to their required monthly mortgage payments?

A)1/12
B)1/6
C)1/4
D)1/2

Question 15

Contracts for sale may contain sections that cause implementation of the contract to depend on the successful completion of some prior action such as the buyer's ability to obtain financing on specified terms.This type of contract is commonly referred to as a(n):

A)assignment
B)equitable title
C)contract with contingencies
D)uniform settlement statement

Question 16

The Real Estate Settlement Procedures Act (RESPA)is a federal law that requires federally chartered or insured lenders to provide buyers and sellers with information on all settlement costs.According to RESPA,loan closing information must be prepared on a special form know as the:

A)Uniform Settlement Statement or HUD-1 form
B)Good-faith estimate
C)Settlement Costs and You booklet
D)Certificate of occupancy

Question 17

While fee splitting between cooperating real estate brokers is permitted,RESPA explicitly prohibits such actions as rebating part of the title insurance premium to the lender who recommended or required the title insurance.These unearned fees are commonly referred to as:

A)commissions
B)kickbacks
C)damages
D)specific performance dues

Question 18

The distinction between legal title and equitable title is an important concept in the contract for sale of real estate.When the buyer obtains equitable title,the seller can no longer sell the property to someone else,even though the legal title has not officially passed on.In the contract for sale process,the creation of equitable title occurs when:

A)the contract for sale is written.
B)the contract for sale is signed.
C)the contract terms are agreed upon.
D)each party is deemed legally competent.

Question 19

While the principal parties to a transaction must be legally competent for a contract to be valid,it is possible for a party acting on behalf of a principal to obtain this legal right.In order for personal representatives and trustees to be authorized to act on behalf of a principal,a legal instrument commonly referred to as ____________ must be in place.

A)assignment
B)power of attorney
C)mutual assent
D)consideration

Question 20

In accordance with RESPA,whenever a buyer obtains a new first mortgage loan from a chartered or insured lender,when the loan is insured by the FHA or guaranteed by the VA,or when the loan will be sold to one of the federally related secondary mortgage market agencies,a good-faith estimate of the settlement costs must be provided by the lender within:

A)3 business days
B)5 business days
C)30 calendar days
D)90 calendar days

Question 21

Certain closing costs will be prorated to account for the period of time during which the seller occupied the house.If a transaction is scheduled to close on May 17,136 days into a 365-day year,calculate the amount that the buyer will be credited if the particular closing cost in question is estimated to be $1000 for the entire year.

A)$182.19
B)$372.60
C)$624.66
D)$1000