1. 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.
2. A homeowner's septic system fails a Title 5 inspection. Unless the Board of Health or MassDEP sets another schedule, the system must be upgraded within
Answer & explanation
Answer: B. MassDEP guidance requires upgrade of a failed system within two years unless the board of health or MassDEP approves a different schedule, whether or not the property is sold.
3. The 'bundle of rights' in real property includes all of the following EXCEPT:
Answer & explanation
Answer: B. The bundle includes possession, control, enjoyment, exclusion and disposition - never a guaranteed profit.
4. Which action may a life tenant take WITHOUT the remainderman's consent?
Answer & explanation
Answer: D. A life tenant may occupy or lease the property for the duration of the life estate but cannot sell, mortgage or commit waste that harms the remainderman's future interest.
5. A deed that conveys only whatever interest the grantor has, with no warranties, is a:
Answer & explanation
Answer: C. A quitclaim deed conveys the grantor's interest, if any, with no warranties - often used to clear clouds on title.
6. Which is required for a deed to be valid?
Answer & explanation
Answer: A. A valid deed needs a writing, competent grantor who signs, identifiable grantee, consideration, granting and habendum clauses, legal description, delivery and acceptance. The grantee does not sign; recording is not required for validity.
7. Recording a deed in the county records primarily serves to:
Answer & explanation
Answer: B. Recording provides public (constructive) notice, protecting the owner's interest against later claims.
8. A borrower's monthly principal and interest payment is $1,193.54. Annual property taxes are $6,000 and annual homeowner's insurance is $1,200. What is the monthly PITI payment?
9. 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.
10. Which statement about a Massachusetts licensee's disclosure duty is correct?
Answer & explanation
Answer: D. The Mandatory Disclosure form and 254 CMR 3.00(13) state that every licensee, regardless of relationship, must present property honestly and disclose known material defects.
11. A $4,000,000 sewer project is assessed against properties with a combined assessed value of $160,000,000, payable over 5 years. What is the ANNUAL assessment on a property assessed at $240,000?
Answer & explanation
Answer: D. Rate = $4,000,000 / $160,000,000 = $0.025 per $1. Total = $240,000 x 0.025 = $6,000; annual = $6,000 / 5 = $1,200.
12. A neighbor's new garage extends two feet over the property line. This is an:
Answer & explanation
Answer: B. An encroachment is an improvement that intrudes onto another's land; a survey establishes the boundary.
13. The government's power to take private property for public use with just compensation is:
Answer & explanation
Answer: D. Eminent domain (exercised through condemnation) allows taking for public use with just compensation. Escheat applies when an owner dies without a will or heirs.
14. A lease in which the tenant pays a fixed rent and the landlord pays all property expenses is a:
Answer & explanation
Answer: A. In a gross lease the tenant pays flat rent and the landlord covers taxes, insurance and maintenance; in a net lease the tenant pays some or all of those expenses.
15. A building has a no-pets policy. An applicant who is blind has a guide dog. The property manager must:
Answer & explanation
Answer: B. Fair housing law requires reasonable accommodations for persons with disabilities, including service animals despite no-pet rules.
16. A buyer of a unit in a cooperative receives:
Answer & explanation
Answer: C. In a co-op the corporation owns the building; members own shares and a proprietary lease (personal property). Condominium owners receive a deed.
17. Which appraiser credential allows appraisal of any type of property, residential or commercial, without a value limit?
Answer & explanation
Answer: A. Certified General appraisers may appraise any property. Certified Residential appraisers are limited to 1-4 unit residential; Licensed Residential to noncomplex 1-4 units under $1 million.
18. A $2,000 security deposit sits for one year in a Massachusetts bank account paying 5.5%. What interest is the tenant entitled to?
Answer & explanation
Answer: A. The statute sets 5% per year or a lesser amount received from the bank. Because the bank paid more than 5%, the tenant receives 5%: $2,000 x 0.05 = $100.00.
19. A Barnstable County deed is subject to a different base deed excise rate under c.64D. What is that base rate?
Answer & explanation
Answer: D. Chapter 64D §1 sets a Barnstable County base rate of $1.50 per $500 or fractional part, compared with the statewide base of $2.00 per $500.
20. A buyer directly asks the listing agent, "Has anyone died violently in this house?" A homicide occurred there. Which response is consistent with Massachusetts law?
Answer & explanation
Answer: C. Section 114 removes the duty to disclose psychologically impacted facts but expressly does not authorize misrepresentation or false statements.
21. A septic system was inspected 30 months before closing and has been pumped every year with records. Is a new Title 5 inspection required?
Answer & explanation
Answer: A. With annual pumping and records, an inspection remains valid for three years; 30 months is within that window. Without pumping records it would have expired at 24 months.
22. Which transfer is exempt from the Title 5 inspection requirement?
Answer & explanation
Answer: B. MassDEP exempts transfers between spouses, parents and children, and full siblings, among others. Cousins and unrelated buyers are not exempt.
23. A home sells for $612,300. Using a combined deed excise rate of $2.28 per $500 or fractional part, what is the excise?
Answer & explanation
Answer: A. The tax is charged per $500 or fractional part. $612,300 / $500 = 1,224.6, rounded up to 1,225 units. 1,225 x $2.28 = $2,793.00. $2,792.09 skips the rounding; $2,790.72 rounds down to 1,224 units.
24. A seller instructs the listing agent not to mention that the basement floods. The agent should
Answer & explanation
Answer: C. Agents owe obedience only to lawful instructions, and every licensee must disclose known material defects. Concealment also risks c.93A liability.
25. According to the Board, a cooperative interest is within its jurisdiction as an interest in real estate when
Answer & explanation
Answer: C. Board guidance says a co-op is an interest in real property if recorded in the purchaser's name; an unrecordable share interest falls outside the Board's jurisdiction.
Sources
Source verification pending. Confirm current requirements with your state regulator.