1. 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.
2. When a seller changes a term of the buyer's offer and returns it, this creates a:
Answer & explanation
Answer: C. Altering any term rejects the original offer and creates a counteroffer, which the buyer may accept or reject.
3. Under 12 AAC 64.130, a licensee must submit all written bona fide offers to the seller:
Answer & explanation
Answer: C. 12 AAC 64.130 makes it a ground for discipline to fail to submit all written bona fide offers before the seller has accepted an offer in writing, when the broker knows of the acceptance. AS 08.88.615 separately requires timely presentation even while under contract.
4. Under the statute of frauds, a real estate sales contract must be:
Answer & explanation
Answer: C. The statute of frauds requires real estate sales contracts to be in writing and signed to be enforceable.
5. 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.
6. After the buyer and seller sign a sales contract but before closing, the contract is:
Answer & explanation
Answer: B. A contract is executory while obligations remain to be performed; it becomes executed when fully performed (at closing).
7. A seller has already accepted an offer, and another buyer submits a higher offer. The listing agent should:
Answer & explanation
Answer: D. Listing agents must present all offers through closing, but should not give legal advice about the seller's obligations under the existing contract.
8. A licensee never signs a buyer agreement but repeatedly gives a buyer negotiating advice and acts on his behalf. An agency relationship may have been created by:
Answer & explanation
Answer: A. Implied agency arises from conduct; the agent then owes full fiduciary duties. Express agency is created by stated agreement, ideally in writing.
9. 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.
10. 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.
11. A developer delivers a public offering statement on May 1 and the buyer signs on May 5. Closing has not occurred. Under AS 34.08.580, the buyer may cancel through:
Answer & explanation
Answer: D. Because the buyer did not receive the POS more than 15 days before signing, she may cancel within 15 days after receipt: May 1 + 15 days = May 16, before conveyance.
12. 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.
13. A buyer took title to a new condominium unit without ever receiving the public offering statement. In addition to damages, the buyer is entitled to:
Answer & explanation
Answer: C. AS 34.08.580 entitles such a buyer to 10 percent of the sales price plus 10 percent of the proportionate share of secured association debt.
14. Which item is a required minimum term in an Alaska property management contract under 12 AAC 64.550?
Answer & explanation
Answer: C. 12 AAC 64.550(b) requires the manager's responsibilities, the owner's grant of authority, the period of the agreement, and the management fee.
15. A buyer pays $10,000 for a 12-month option to buy a house for $250,000. During the option period:
Answer & explanation
Answer: C. The option binds only the optionor. The optionee may exercise or let it lapse (forfeiting the option money).
16. A seller agrees with a broker that the seller will receive $200,000 and the broker keeps anything above that. The home sells for $240,000. This arrangement is a:
Answer & explanation
Answer: C. In a net listing the broker's fee is the excess over a set net ($40,000 here). It encourages the broker to underprice and is illegal in many states, including NJ.
17. 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.
18. Adding a new financing contingency to an existing sales contract is done by a(n) ____, while changing the existing closing date is done by a(n) ____.
Answer & explanation
Answer: C. An addendum ADDs new terms; an amendment changes existing terms. Both require agreement of both parties.
19. A property manager wants to sell a property he manages. He needs:
Answer & explanation
Answer: B. 12 AAC 64.550(d) requires authorization in the management contract or a separate listing agreement.
20. 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.
21. An exclusive management contract may be renewed or extended:
Answer & explanation
Answer: D. AS 08.88.341 permits renewal or extension only by a written agreement signed by the client or the client's authorized representative.
22. For material noncompliance with the rental agreement that the tenant can remedy, the landlord's notice to quit must specify a termination date at least:
Answer & explanation
Answer: A. AS 34.03.220(a)(2) requires at least 10 days, and the tenancy does not end if the tenant cures before then.
23. If a buyer receives the disclosure statement in person after making a written offer, the buyer may terminate the offer within:
Answer & explanation
Answer: D. AS 34.70.020 allows termination within 3 days after in-person delivery or 6 days after delivery by mail.
24. If the disclosure statement is delivered by mail after the buyer's written offer, the buyer may terminate within:
Answer & explanation
Answer: C. AS 34.70.020 sets 6 days for mailed delivery. Five days is the CIOA resale certificate void period, a common mix-up.
25. A buyer's offer is rejected. The broker holding the buyer's earnest money check:
Answer & explanation
Answer: A. 12 AAC 64.250 bars refusing to return a rejected buyer's deposit but allows waiting until one business day after the check clears.
Sources
Source verification pending. Confirm current requirements with your state regulator.