1. Under an open listing, the seller owes a commission to:
Answer & explanation
Answer: C. Open listings are non-exclusive; only the procuring broker is paid, and the owner owes nothing for a self-sale.
2. An owner tells a broker, "Get me $200,000 net and keep anything above that." Accepting this arrangement is
Answer & explanation
Answer: B. §34-27-36(b)(19) prohibits accepting a net listing, in which the owner receives a stated net price and the broker keeps the excess.
3. How long must a qualifying broker keep copies of contracts, leases and listings?
Answer & explanation
Answer: C. §34-27-36(b)(30) requires qualifying brokers to keep these records for three years, and trust-fund records must also be kept at least three years under (b)(8).
4. A buyer wants to tour a home with a licensee but will not sign any agreement. Under Alabama law the licensee
Answer & explanation
Answer: A. §34-27-82(e) provides that a consumer cannot be required to sign a written agreement as a condition of being shown property. The disclosure form must still be provided before the showing.
5. A property manager authorized to collect rents, sign leases, hire contractors and run the owner's buildings on an ongoing basis is typically a:
Answer & explanation
Answer: D. A general agent handles a range of matters in a continuing relationship (typical of property management). A listing agent is a special (limited) agent for one transaction.
6. Absent a written agency agreement, an Alabama licensee working with a consumer is considered
Answer & explanation
Answer: B. §34-27-82(b) provides that at initial contact and until a written agency agreement is signed, the licensee is a transaction facilitator and not an agent.
7. A party making an offer to buy is the ____, and the party receiving it is the ____.
Answer & explanation
Answer: D. The offeror makes the offer; the offeree receives it. When a counteroffer is made, the roles swap.
8. A licensee prepares a second, higher-priced contract for the lender while the parties' real deal is lower. This violates the provision against
Answer & explanation
Answer: C. §34-27-36(b)(20) prohibits misrepresenting or failing to disclose the true terms of a sale to a lender, guaranty agency or other interested party.
9. A licensee representing the seller who learns the buyer will pay more than the offer must:
Answer & explanation
Answer: C. Loyalty and disclosure require the seller's agent to share material information that benefits the client. The agent owes the buyer-customer no confidentiality.
10. A sales contract provides that if the buyer defaults, the seller keeps the earnest money as the full measure of damages. This is a:
Answer & explanation
Answer: D. Liquidated damages are a sum agreed in advance as compensation for breach - often the earnest money deposit.
11. A licensee persuades a buyer under contract on another firm's listing to cancel so the buyer can purchase the licensee's own listing. This is
Answer & explanation
Answer: B. §34-27-36(b)(13) prohibits inducing a party to break a contract to substitute a new one when the substitution is motivated by the licensee's personal gain.
12. Every Alabama offer to purchase must prominently display
Answer & explanation
Answer: C. §34-27-82(i) requires a representation disclosure clause in every offer, marked by the listing and selling licensees to show their roles.
13. Which is NOT an essential element of a valid contract?
Answer & explanation
Answer: C. The essential elements are offer and acceptance (mutual consent), consideration, competent parties and legal purpose. Notarization is not required for a contract to be valid.
14. A contract signed by a 17-year-old buyer is generally:
Answer & explanation
Answer: B. Contracts with minors are voidable at the minor's option; the adult party remains bound. A contract with someone adjudged insane is void.
15. In an option to purchase, the seller who grants the option is the ____ and the option holder is the ____.
Answer & explanation
Answer: B. The seller (optionor) gives the option; the buyer (optionee) holds it. Only the optionor is bound during the option period, making it unilateral.
16. A property-management agreement terminates effective June 1. The broker must give the owner or new manager an accounting and the funds within
Answer & explanation
Answer: C. Rule 790-X-3-.03 requires the accounting and payment within seven business days of the termination's effective date. Sixty days relates to security-deposit returns.
17. Which listing provision is prohibited in Alabama?
Answer & explanation
Answer: C. Rule 790-X-3-.05 bars automatic extension provisions, and §34-27-36(b)(24) requires a fixed expiration date.
18. A buyer offers $300,000. The seller counters at $315,000. The buyer rejects the counter and then tries to accept the original $300,000 offer terms. Is there a contract?
Answer & explanation
Answer: B. A counteroffer is a rejection and a new offer; the original offer cannot be revived by the buyer.
19. A written listing agreement must
Answer & explanation
Answer: C. §34-27-36(b)(24) makes it a violation to omit a fixed expiration date from a written listing or to fail to give the principal a copy.
20. A zero-down-payment government loan program aimed at low- and moderate-income buyers in eligible rural areas is offered through the:
Answer & explanation
Answer: D. USDA Rural Development loans serve eligible rural buyers who meet income limits, often with no down payment.
21. A contract that is missing an essential element, such as consideration, is:
Answer & explanation
Answer: A. Missing an essential element makes a contract void from the start. A voidable contract appears valid but may be canceled by one party.
22. A buyer contracts to buy a home for $300,000, but it appraises at $290,000. The lender offers 75% LTV. What is the maximum loan?
Answer & explanation
Answer: B. LTV is applied to the LESSER of price or appraised value: $290,000 x 0.75 = $217,500. Using the $300,000 price ($225,000) is the common mistake.
23. A contract that has all legal elements but where one party may cancel is:
Answer & explanation
Answer: D. A voidable contract is valid but one party may rescind it (e.g., a minor, or a party induced by misrepresentation or duress). A void contract lacks an essential element and has no legal effect.
24. The federal law that prohibits price fixing, group boycotts, market allocation and tie-in agreements is the:
Answer & explanation
Answer: A. The Sherman Antitrust Act of 1890 prohibits conspiracies in restraint of trade, including these practices.
25. A mortgage lender offers a salesperson $200 for every client referred. Under RESPA this is:
Answer & explanation
Answer: D. RESPA prohibits kickbacks and unearned referral fees between settlement service providers and real estate licensees, even if disclosed.
Sources
Source verification pending. Confirm current requirements with your state regulator.