1. What is the name of Mississippi's mandated agency disclosure form?
Answer & explanation
Answer: C. MREC Form A is titled 'Working With a Real Estate Broker.' The other titles are used in other states.
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. Two agents of the same Mississippi brokerage represent the seller and buyer in the same sale. This is:
Answer & explanation
Answer: B. Because salespersons are subagents of the broker, the brokerage represents both parties. Mississippi treats this as dual agency requiring written consent.
4. The fiduciary duty that requires an agent to safeguard and account for all money and property received on behalf of the client is:
Answer & explanation
Answer: A. The duty of accounting requires the agent to track, report on and properly handle all funds and documents belonging to the client.
5. At an open house, a buyer begins telling the listing agent the most he could pay. The agent should first:
Answer & explanation
Answer: B. Agents must disclose up front whom they represent so customers don't mistakenly share confidential information - anything the agent learns must be shared with the client.
6. 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.
7. A party is out of town and cannot sign the agency disclosure form at the required time. What may the Mississippi broker do?
Answer & explanation
Answer: D. Rule 4.3 E permits oral disclosure noted on the form, followed by the form as soon as possible; electronic transmission satisfies the requirement.
8. After the 2023 amendments, if a Mississippi seller's PCDS contains an error, the listing agent:
Answer & explanation
Answer: B. §89-1-505(4) and §89-1-523(2) shield licensees from liability and discipline relating to PCDS information.
9. 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.
10. 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.
11. A seller knows that the basement flooded last spring, but the damage was repaired and is not visible. The seller and listing agent must:
Answer & explanation
Answer: C. Latent (hidden) defects known to the seller or agent must be disclosed; failing to do so can create liability for both.
12. Which of the following is a fiduciary duty an agent owes the principal?
Answer & explanation
Answer: A. Fiduciary duties are Confidentiality, Obedience, Accounting, Loyalty and Disclosure (COALD), plus reasonable care.
13. A seller tells her Mississippi listing agent to market the home only to buyers of a particular race. Which duty does NOT require the agent to comply?
Answer & explanation
Answer: B. Rule 4.2 defines obedience as following the principal's lawful instructions. A discriminatory instruction is unlawful under the federal Fair Housing Act.
14. According to the current MREC Form A, what duty does a licensee owe regarding the Property Condition Disclosure Statement?
Answer & explanation
Answer: C. Form A and the 2023 amendments to §89-1-501 et seq. remove licensee duties regarding the PCDS. The licensee's general duty of honesty under §73-35-21 still applies.
15. When must a Mississippi listing broker give the seller written agency disclosure?
Answer & explanation
Answer: C. Rule 4.3 A requires written disclosure to the represented party before the representation agreement is signed.
16. 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.
17. The best way to create an agency relationship is a(n):
Answer & explanation
Answer: C. A written express agreement clearly defines parties, duties and compensation and is enforceable.
18. A seller's agent must disclose to an unrepresented buyer that the agent represents the seller:
Answer & explanation
Answer: C. Rule 4.3 B requires disclosure at the first substantive meeting with a party the broker does not represent.
19. 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.
20. 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.
21. During a listing walk-through, the agent notices fresh paint on one ceiling area and a musty odor. The agent should:
Answer & explanation
Answer: C. Agents are not inspectors, but must recognize red flags (stains, odors, cracks) and disclose them for further investigation.
22. Which two duties does a Mississippi disclosed dual agent NOT owe either party?
Answer & explanation
Answer: A. Form A explains that a dual agent owes fiduciary duties except full disclosure and undivided loyalty.
23. 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.
24. 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.
25. In a Mississippi in-house sale, when must the seller sign the Dual Agency Confirmation Form?
Answer & explanation
Answer: D. The seller signs the confirmation form attached to the buyer's offer before the offer is presented.
Sources
Source verification pending. Confirm current requirements with your state regulator.