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New York real estate property practice test

25 questions with answers and explanations · 2026

1. A property use that legally existed before a new zoning ordinance and is allowed to continue is a:

Answer & explanation

Answer: D. A legal nonconforming ('grandfathered') use predates the ordinance and may continue, usually with limits on expansion. A variance is permission to deviate from a current requirement.

2. A property is assessed at $280,000 and the tax rate is 22 mills. What is the annual tax?

Answer & explanation

Answer: C. 1 mill = $1 per $1,000. $280,000 / 1,000 = 280; 280 x 22 = $6,160.

3. 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.

4. A Queens condo sells for $800,000. What is the NYC Real Property Transfer Tax?

Answer & explanation

Answer: A. For residential conveyances over $500,000, the RPTT is 1.425% of the entire price: 800,000 × 0.01425 = $11,400. The $8,000 distractor wrongly applies the 1% rate. The $4,275 distractor taxes only the amount above $500,000.

5. In real estate, the accessibility requirements of the Americans with Disabilities Act apply mainly to:

Answer & explanation

Answer: A. The ADA's accessibility rules primarily cover public accommodations and commercial facilities; housing accessibility is governed mainly by the Fair Housing Act.

6. 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.

7. A title search is performed primarily to:

Answer & explanation

Answer: C. A title search establishes the chain of title and reveals encumbrances or defects before closing. (Reclassified from section 17 to section 9 / CORE - not NJ-specific.)

8. The deed clause that defines the extent of the estate granted, often beginning 'to have and to hold,' is the:

Answer & explanation

Answer: D. The habendum clause defines the estate conveyed; the granting clause contains the words of conveyance.

9. The RP-5217 filed when a deed is recorded in New York is the:

Answer & explanation

Answer: A. The RP-5217 Real Property Transfer Report gives sale information to the state for assessment purposes. It is not a tax return or a disclosure form.

10. 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.

11. 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.

12. Under New York General Obligations Law §5-701(a)(10), an agreement to pay compensation for negotiating the purchase of real estate must be in writing EXCEPT when the claimant is:

Answer & explanation

Answer: B. GOL §5-701(a)(10) requires a written agreement for finder's or negotiation fees, but it expressly does not apply to licensed real estate brokers and salespersons, attorneys or auctioneers.

13. 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.

14. An owner's title insurance policy protects against:

Answer & explanation

Answer: A. Title insurance covers title defects existing before the policy date, such as forged deeds or undisclosed liens - not physical damage or future events.

15. 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.

16. A property is assessed at $200,000 and the tax rate is $2.50 per $100 of assessed value. What is the annual tax?

Answer & explanation

Answer: D. $200,000 / 100 = 2,000 units; 2,000 x $2.50 = $5,000.

17. Under the Property Condition Disclosure Act, when must the seller deliver the Property Condition Disclosure Statement?

Answer & explanation

Answer: A. RPL §462(1) requires delivery to the buyer or buyer's agent before the buyer signs a binding contract of sale, and a copy signed by both parties is attached to the contract.

18. 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.)

19. The four elements that must all be present for real property to have value are summarized by the acronym DUST, which stands for:

Answer & explanation

Answer: D. Value requires Demand, Utility, Scarcity and Transferability.

20. At a New York co-op closing, the seller transfers ownership by delivering:

Answer & explanation

Answer: B. Co-op ownership is personal property, so it is transferred with a stock power for the shares and an assignment of the proprietary lease. No deed is recorded.

21. What is the New York State real estate transfer tax on a $425,000 sale?

Answer & explanation

Answer: A. The tax is $2 per $500 of consideration. 425,000 ÷ 500 = 850 units, and 850 × $2 = $1,700. The $850 distractor counts the units without multiplying by $2.

22. The NYC Real Property Transfer Tax return and payment are due within how many days of the transfer?

Answer & explanation

Answer: A. The Department of Finance requires the RPTT return and payment within 30 days after the transfer, even if no tax is due.

23. Which property sale is subject to New York's Property Condition Disclosure Act?

Answer & explanation

Answer: C. RPL §461 defines covered property as one-to-four family dwellings and expressly excludes condominium units, cooperative apartments and unimproved land.

24. Which form is filed with a New York deed to report and pay the State real estate transfer tax?

Answer & explanation

Answer: A. The TP-584 is the combined real estate transfer tax return. The RP-5217 is the Real Property Transfer Report, which provides sales data, not the transfer tax.

25. How many members serve on the New York State Real Estate Board?

Answer & explanation

Answer: D. RPL §442-i provides for the Secretary of State, the Superintendent of Financial Services and 13 additional members, for 15 in total. Thirteen is the tempting wrong answer because it counts only the appointed members.

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