1. An estate's accepted offer of $400,000 is presented for court confirmation. What is the minimum first overbid?
Answer & explanation
Answer: D. Probate Code §10311: 10% of the first $10,000 = $1,000; 5% of the remaining $390,000 = $19,500; $400,000 + $1,000 + $19,500 = $420,500.
2. 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.
3. 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.
4. 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).
5. An individual buyer signs a buyer-broker agreement that runs six months and renews automatically. What is its legal status?
Answer & explanation
Answer: A. Section 1670.50(d) limits the term to three months for buyers who are not entities, prohibits automatic renewals, and declares a violating agreement void and unenforceable.
6. For which buyer does the three-month maximum term in Civil Code §1670.50 NOT apply?
Answer & explanation
Answer: B. The three-month cap does not apply to agreements between a broker and a corporation, limited liability company, or partnership. Individual buyers, including investors, are covered.
7. A listing expired in March 2026 without a sale. How long must the broker keep the listing agreement?
Answer & explanation
Answer: A. Section 10148 requires records to be kept three years from closing, or from the date of the listing if the transaction does not close.
8. 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).
9. A seller hands the TDS to the buyer in person two days after the buyer's offer was accepted. How long does the buyer have to terminate?
Answer & explanation
Answer: B. If the TDS is delivered after the offer is executed, §1102.3 gives the buyer three days after in-person delivery, or five days after delivery by mail, to terminate by written notice.
10. A broker collects a commission under an exclusive right-to-sell listing that says it lasts 'until the property is sold.' Which statute did the broker violate?
Answer & explanation
Answer: C. Claiming or collecting compensation under an exclusive agreement that lacks a definite, specified termination date is grounds for discipline under §10176(f).
11. 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.
12. 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.
13. 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.
14. A financing contingency in a purchase agreement protects the:
Answer & explanation
Answer: C. A financing (mortgage) contingency lets the buyer cancel without penalty if unable to secure the specified loan by the deadline.
15. A seller says, 'I will pay any broker a 5% commission if they bring me a buyer.' This promise creates a(n):
Answer & explanation
Answer: D. In a unilateral contract only one party is bound (to pay if the act is performed); the other party has no obligation to act. Most real estate contracts are bilateral.
16. 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.
17. Under Civil Code §1670.50, when must a buyer-broker representation agreement be signed?
Answer & explanation
Answer: B. Effective January 1, 2025, the agreement must be executed as soon as practicable and no later than when the buyer signs an offer.
18. 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.
19. Which event terminates a listing agreement by operation (force) of law?
Answer & explanation
Answer: B. Agency ends by performance, expiration, mutual agreement, or situationally by force of law (bankruptcy, condemnation), death or incapacity, destruction of the property, or breach.
20. 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.
21. The TDS was delivered by mail after the purchase contract was signed. How long does the buyer have to terminate?
Answer & explanation
Answer: D. Section 1102.3 allows termination within five days after delivery by deposit in the mail, compared with three days for personal delivery.
22. 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.
23. 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.
24. The Notice of Special Tax is delivered to the buyer in person after the purchase contract is signed. The buyer may terminate within:
Answer & explanation
Answer: D. Under Gov. Code §53341.5, the buyer may terminate within 3 days after in-person delivery or 5 days after delivery by mail, by written notice.
25. A buyer instructs in writing that his deposit check be held uncashed until his offer is accepted. The offer is accepted. Absent other authorization, what must the broker do?
Answer & explanation
Answer: A. Reg. 2832(d) allows holding a check uncashed before acceptance on the buyer's written instruction. After acceptance, it must be deposited within three business days unless the seller authorizes in writing that it be held longer.
Sources
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