1. Which agency licenses and disciplines real estate salespersons in Minnesota?
Answer & explanation
Answer: A. Chapter 82 gives licensing and enforcement authority to the commissioner of commerce (§82.55, subd. 5). Minnesota has no separate real estate commission; the Department of Human Rights enforces the MHRA, not licensing, and a trade association has no licensing power.
2. A seller instructs her listing agent not to show the home to buyers of a certain national origin. The agent should:
Answer & explanation
Answer: A. Obedience requires following lawful instructions only. Discriminatory instructions violate fair housing laws and must be refused.
3. The buyer tells the buyer's agent, "I am not going to close on this house." What must the agent do?
Answer & explanation
Answer: C. Section 82.68, subd. 4 requires a licensee to immediately disclose a party's stated intent not to perform, after first informing the nonperforming party of this obligation if reasonably possible.
4. An agent authorized to perform a single specific act for a principal is a:
Answer & explanation
Answer: D. A special (limited) agent has authority for a specific task, typical of a listing agent. A property manager is usually a general agent.
5. Which statement about dual agency is correct?
Answer & explanation
Answer: D. Dual agency creates an inherent conflict; with informed written consent, the agent provides limited representation and must keep each party's confidences.
6. An agent advertises a home as having a 'new roof' without verifying it; the roof is actually 18 years old. This is:
Answer & explanation
Answer: C. Stating unverified facts that prove false is negligent misrepresentation; knowingly false statements are fraud. Puffing is opinion, not a verifiable fact.
7. A listing agent receives a second written offer after the seller has accepted the first. Under §82.71, the agent must:
Answer & explanation
Answer: D. Section 82.71, subd. 1 requires all written offers to be promptly submitted in writing to the seller. The agent may not reveal the terms of an offer to other buyers before it is submitted to the seller.
8. A listing agent tells the buyer that the seller will accept the offer only if the buyer uses the agent's preferred lender. This is:
Answer & explanation
Answer: B. Section 82.81, subd. 8 prohibits a licensee from requiring a person to use a particular lender, attorney, closing agent, or title agent in a residential closing.
9. 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.
10. A seller gives the listing agent a qualified home inspector's report stating the attic is dry. The agent personally saw water damage in the attic last week. What must the agent do?
Answer & explanation
Answer: B. Section 82.68, subd. 3(e) lets licensees rely on qualified third-party reports, but subd. 3(f) requires disclosure of known facts that contradict information in a report provided to the licensee.
11. Which fiduciary duty continues even after the agency relationship has ended?
Answer & explanation
Answer: D. Most fiduciary duties end with the agency, but the agent must continue to keep the former client's confidential information private.
12. A licensee never signs a buyer agreement but repeatedly gives a buyer negotiating advice and acts on his behalf. An agency relationship may have been created by:
Answer & explanation
Answer: A. Implied agency arises from conduct; the agent then owes full fiduciary duties. Express agency is created by stated agreement, ideally in writing.
13. When must a Minnesota licensee provide the agency relationships disclosure form to a consumer in a residential transaction?
Answer & explanation
Answer: A. Section 82.67, subd. 1 requires the agency disclosure at the first substantive contact with the consumer; §82.81, subd. 6 restates the duty.
14. 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.
15. A buyer signs the acknowledgment on the agency relationships disclosure form. What has the buyer done?
Answer & explanation
Answer: C. The statutory form states it is an agency disclosure form only, not a contract. Representation requires a separate signed written agreement; without one, the consumer is a customer.
16. A listing agent knows the seller will accept $20,000 less than list price. A buyer asks, 'Will they take less?' The agent should:
Answer & explanation
Answer: A. The duty of confidentiality bars disclosing information, like the seller's lowest acceptable price, that would harm the client's bargaining position.
17. A material defect that a seller/agent must disclose is one that:
Answer & explanation
Answer: C. Material defects significantly affect value or would influence a buyer's decision and must be disclosed.
18. When a broker appoints one salesperson to represent the seller and another salesperson in the same office to represent the buyer, this is:
Answer & explanation
Answer: B. Designated agency assigns separate agents within one brokerage; the broker is still a dual agent and written consent is required.
19. What may a dual agent NOT do?
Answer & explanation
Answer: B. The disclosure form states dual agents owe the same duties to both parties and may not advocate for one party to the other's detriment. They still must disclose material facts.
20. An agency relationship can be terminated by all of the following EXCEPT:
Answer & explanation
Answer: A. Agency ends by performance, expiration, mutual agreement, operation of law, death or incapacity, or destruction of the property - not by the wish of an unrepresented customer.
21. A buyer's agent's brother owns a home that fits the buyer's needs. Before showing it, the agent must:
Answer & explanation
Answer: B. Any personal or financial interest of the agent or family must be disclosed up front so the client can make an informed decision.
22. A property manager owes fiduciary duties primarily to the:
Answer & explanation
Answer: D. The property manager is the owner's (general) agent and owes fiduciary duties to the owner, while dealing honestly with tenants.
23. The client a broker represents is the:
Answer & explanation
Answer: A. The principal is the client to whom the agent owes fiduciary duties; a customer is a party the agent works with but does not represent.
24. The Minnesota agency disclosure requirement of §82.67 applies to which transactions?
Answer & explanation
Answer: B. Section 82.67 states that the disclosures apply only to residential real property transactions, defined as property occupied or intended to be occupied by one to four families as their residence.
25. A seller delivers the disclosure statement to the buyer's agent instead of the buyer. What is the legal effect?
Answer & explanation
Answer: A. Section 513.55, subd. 2 treats delivery to the licensee representing or assisting the buyer as delivery to the buyer, and requires the licensee to provide a copy to the buyer.
Sources
Source verification pending. Confirm current requirements with your state regulator.