1. Which owner-occupied property qualifies for the HRS 515-4(a)(1) exemption?
Answer & explanation
Answer: A. 515-4(a)(1) covers buildings of no more than two families living independently with the owner or lessor residing there. The federal four-unit exemption is broader, which makes the fourplex a trap.
2. In a mortgage, the borrower who pledges the property as security is the:
Answer & explanation
Answer: C. The mortgagor (borrower) gives the mortgage to the mortgagee (lender) in exchange for the loan.
3. Three joint tenants own a property. One dies leaving a will that gives her share to her son. The son receives:
Answer & explanation
Answer: A. Survivorship operates outside the will; the deceased's interest goes to the surviving joint tenants.
4. After a nonjudicial power-of-sale foreclosure of an owner-occupant's residence secured only by that property, the lender:
Answer & explanation
Answer: A. HRS 667-38 bars deficiency judgments against owner-occupants after nonjudicial foreclosure, except where other collateral secures the debt. Associations are excluded.
5. A property has a first mortgage (recorded 2015), a judgment lien (2018), a mechanic's lien (2020) and unpaid property taxes. Which is paid FIRST from sale proceeds?
Answer & explanation
Answer: A. Real property tax liens take priority over all others regardless of recording date; other liens generally follow in order of recording.
6. A special warranty deed warrants title only against defects that:
Answer & explanation
Answer: D. Special (limited) warranty deeds protect only against problems created during the grantor's ownership; general warranty deeds cover the entire history.
7. A commercial property has potential gross income of $240,000 and an 8% vacancy allowance. Using a gross income multiplier of 6, what is the estimated value?
Answer & explanation
Answer: D. EGI = $240,000 - 8% = $220,800; value = $220,800 x 6 = $1,324,800.
8. Marketable title means title that is:
Answer & explanation
Answer: D. Marketable title is reasonably free from defects and insurable - not necessarily perfect.
9. A licensee managing a rental gets a 10% rebate from the plumber she hires. This is permitted only if:
Answer & explanation
Answer: C. HAR 16-99-3(h) prohibits commissions, rebates or profits on expenditures without the owner's and the principal broker's knowledge and consent.
10. An investor buys a property for $180,000 and sells for $216,000. What is the percent of profit on cost?
Answer & explanation
Answer: A. Profit = $36,000; $36,000 / $180,000 (cost) = 20%. Dividing by the sale price ($216,000) would give 16.7%.
11. 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.)
12. In a deed, the party conveying title is the ____ and the party receiving title is the ____.
Answer & explanation
Answer: A. The seller (grantor) conveys to the buyer (grantee). A deed is the document; title is the ownership rights it transfers.
13. Who may perform an appraisal of real property for a lender?
Answer & explanation
Answer: D. Only licensed or certified appraisers perform appraisals. Licensees may prepare a CMA, which is not an appraisal.
14. Private restrictions placed in a deed by a developer are called:
Answer & explanation
Answer: C. Deed restrictions (covenants, conditions and restrictions) are private controls enforced by owners or associations, not government. Zoning and building codes are public controls.
15. 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.
16. In a lease, the tenant holds a ____ estate and the landlord holds a ____.
Answer & explanation
Answer: D. The lessee has a leasehold (non-freehold) estate; the lessor retains the leased fee interest plus the reversion.
17. A property owner who wants to deviate from a zoning requirement (e.g., a setback) would seek a:
Answer & explanation
Answer: C. A variance grants relief from a specific zoning requirement; a setback deviation is an area variance. A building permit only authorizes construction that complies with the rules.
18. A chronological summary of all recorded documents affecting a property's title, such as deeds, mortgages and liens, is a(n):
Answer & explanation
Answer: D. The abstract summarizes the recorded history; the chain of title lists successive owners; an attorney's opinion of title evaluates it.
19. A firm forgets to include the AGENCY DISCLOSURE paragraph and the sale closes. Which statement is correct?
Answer & explanation
Answer: A. HAR 16-99-3.1(f) and (k) subject the firm and licensee to discipline but state that noncompliance does not by itself invalidate title.
20. Seller deeds a lot to A, who does not record or take possession. Seller then sells to B, who pays value, has no notice of A, and records first in the Regular System. Who prevails?
Answer & explanation
Answer: A. Under 502-83's race-notice rule, an unrecorded deed is void against a later good-faith purchaser for value without actual notice who records first.
21. All Hawaii real estate licenses expire on:
Answer & explanation
Answer: C. HRS 467-11(b) sets a uniform biennial expiration of December 31 of even-numbered years. June 30 is when Commission member terms end.
22. Under HARPTA, the buyer of Hawaii real property from a nonresident generally must withhold what percentage of the amount realized?
Answer & explanation
Answer: B. HRS 235-68(b) sets 7.25%. Fifteen percent is the federal FIRPTA general rate.
23. If it is unclear from a large-scale map whether a property is inside a 508D-15(a) area, the ambiguity is:
Answer & explanation
Answer: C. 508D-15(c) construes ambiguity in the seller's favor, conditioned on a good-faith effort.
24. For property subject to a recorded declaration, when must the seller provide the association documents under HRS 508D-3.5?
Answer & explanation
Answer: B. 508D-3.5(c) ties the deadline to the title report. The buyer then has 15 days to review and rescind.
25. How many members serve on the Hawaii Real Estate Commission?
Answer & explanation
Answer: A. HRS 467-3 creates a nine-member Commission. Seven is a tempting distractor because the statute names seven county seats (four Honolulu, one each for Hawaii, Maui and Kauai), but the total is nine.
Sources
Source verification pending. Confirm current requirements with your state regulator.