1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. A seller refuses to close on a valid contract. Because each parcel of real estate is unique, the buyer may sue to force the sale through:
Answer & explanation
Answer: D. Specific performance compels the breaching party to perform; it is available because land is unique. The buyer could alternatively seek monetary damages.
8. A listing agreement in which the broker earns a commission regardless of who sells the property is a(n):
Answer & explanation
Answer: B. In an exclusive right-to-sell listing, the listing broker earns a commission no matter who procures the buyer, even the owner. (Reclassified to section 6 / CORE.)
9. 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.
10. A broker disburses earnest money based on a reasonable interpretation of the contract, but the seller objects. The broker must:
Answer & explanation
Answer: C. When not all parties agree, Rule 520-1-.08(3)(c) requires immediate written notice to all parties of the disbursement.
11. 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.
12. 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).
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. A buyer tours several homes with an agent but signs no agreement. Under BRRETA, the buyer is most likely the agent's:
Answer & explanation
Answer: C. A brokerage engagement is by definition a written contract. Without one, the buyer is a customer who may receive ministerial assistance.
19. A buyer purchasing a newly built condominium unit from the declarant may void the contract until at least:
Answer & explanation
Answer: C. Section 44-3-111 gives a non-waivable right to void until at least seven days after receipt of all required items, for the first sale only.
20. 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.
21. An offer or counteroffer becomes a binding contract when:
Answer & explanation
Answer: A. Acceptance must be unconditional and communicated back to the offeror; any change creates a counteroffer instead.
22. 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.
23. 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.
24. Unless the engagement provides otherwise, a seller's broker must present offers to the seller:
Answer & explanation
Answer: D. Section 10-6A-5(a) requires presenting all offers even when the property is subject to a contract, unless the engagement says otherwise.
25. GREC finds a licensee committed seven violations in one disciplinary proceeding. Absent an agreement otherwise, the maximum total fine is:
Answer & explanation
Answer: D. Seven violations at $1,000 each would be $7,000, but the statute caps fines at $5,000 in one proceeding unless the parties agree otherwise.
Sources
Source verification pending. Confirm current requirements with your state regulator.