1. A broker received a 4.2% commission totaling $12,600. What was the sale price?
Answer & explanation
Answer: C. Sale price = commission / rate = $12,600 / 0.042 = $300,000.
2. Which broker funds may properly be kept in a trust account?
Answer & explanation
Answer: C. Rule 520-1-.08(1)(e) permits only clearly identified broker funds for minimum balances and service charges. Anything else is commingling.
3. Which person must hold a Georgia real estate license?
Answer & explanation
Answer: D. Negotiating for another person for compensation is brokerage. Executors, an owner's regular employees and attorneys in fact are all listed exemptions in §43-40-29.
4. Under BRRETA, which statement about a seller's broker's disclosure duty is correct?
Answer & explanation
Answer: D. BRRETA imposes no duty to discover. The duty is limited to actually known, not readily discoverable adverse facts, and liability requires a finding of fraud.
5. 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.
6. On the buyer's side of the closing statement, the earnest money deposit and the new mortgage loan are both:
Answer & explanation
Answer: A. Earnest money and loan proceeds are sources of funds that reduce what the buyer must bring, so they are buyer credits.
7. How many members serve on the Georgia Real Estate Commission?
Answer & explanation
Answer: B. O.C.G.A. §43-40-2 creates a six-member commission: five licensees with at least five years of experience and one consumer-oriented public member. Five is the number of industry seats, which is why it tempts test-takers.
8. When may a broker apply earnest money toward its commission?
Answer & explanation
Answer: D. Section 43-40-20(e) bars taking trust funds as commission until the transaction is consummated or terminated.
9. A licensee contacts an owner whose home is exclusively listed with another firm and persuades her to cancel and relist with him. This conduct:
Answer & explanation
Answer: B. Inducing a party to break a contract or brokerage agreement to substitute a new one, and negotiating with an owner under an exclusive with another broker, are both listed unfair practices.
10. Which statement about Georgia's approach to residential seller disclosure is accurate?
Answer & explanation
Answer: A. Caveat emptor applies, and the Seller's Property Disclosure Statement is a trade form, not a statutory mandate. Active concealment of defects is still actionable.
11. How many hours of prelicense education are required for a Georgia salesperson license?
Answer & explanation
Answer: D. Salespersons complete a 75-hour approved course. Sixty hours is the broker course, 25 is post-license and 36 is CE per renewal.
12. A salesperson wants to buy a FSBO home for his own investment. He must:
Answer & explanation
Answer: D. A licensee acting as a principal must disclose licensed status, because the licensee has superior knowledge and expertise.
13. A Georgia home sells for $385,000 with no loans assumed. What is the state transfer tax?
Answer & explanation
Answer: B. $1 for the first $1,000, plus $384,000 / $100 = 3,840 units x $0.10 = $384. Total = $385. $1,155 would come from applying the intangible rate.
14. A property manager receives a tenant's security deposit and advance rent. These funds must be deposited in the:
Answer & explanation
Answer: D. Money belonging to others goes into a trust account; depositing it in an operating account is commingling.
15. When an owner dies with no will and no heirs, the property passes to the state through:
Answer & explanation
Answer: C. Escheat transfers ownerless property to the state when there is no will and no heirs.
16. Two brokerages agree that one will work only on the east side of town and the other only on the west side. This is:
Answer & explanation
Answer: C. Dividing territories or customers among competitors eliminates competition and is illegal market allocation.
17. A home sells for $400,000 with a 5% total commission. What is the total commission?
Answer & explanation
Answer: B. $400,000 x 0.05 = $20,000.
18. A licensee may manage property for an owner for a fee only if there is:
Answer & explanation
Answer: D. Property management agreements must be written and signed; they make the manager a general agent and define duties, authority and fees.
19. An agent tells a buyer he will show homes only if the buyer uses the agent's brother as mortgage broker. This is an illegal:
Answer & explanation
Answer: A. Conditioning one service on the purchase of another is a tying arrangement prohibited by antitrust law.
20. 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.
21. Which is the most common and desirable way a real estate sales contract terminates?
Answer & explanation
Answer: C. Contracts ideally end by performance. They can also end by mutual agreement, impossibility, operation of law, or breach.
22. 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.
23. A seller wants to net $250,000 after paying a 6% commission and $6,000 in other closing costs. To the nearest dollar, what must the sale price be?
Answer & explanation
Answer: B. Net + other costs = $256,000, which equals 94% of the price (100% - 6%). Price = $256,000 / 0.94 = $272,340.43, about $272,340. Adding 6% to $256,000 ($271,360) understates the price.
24. Which statement about FHA-insured loans is correct?
Answer & explanation
Answer: C. FHA loans are made by approved lenders and insured by FHA, with down payments as low as 3.5% and mortgage insurance premium (MIP) required on all FHA loans, for 1-4 family homes.
25. 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.
Sources
Source verification pending. Confirm current requirements with your state regulator.