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North Carolina real estate contracts practice test

25 questions with answers and explanations · 2026

1. A financing contingency in a purchase agreement protects the:

Answer & explanation

Answer: C. A financing (mortgage) contingency lets the buyer cancel without penalty if unable to secure the specified loan by the deadline.

2. Under an open listing, the seller owes a commission to:

Answer & explanation

Answer: C. Open listings are non-exclusive; only the procuring broker is paid, and the owner owes nothing for a self-sale.

3. A party making an offer to buy is the ____, and the party receiving it is the ____.

Answer & explanation

Answer: D. The offeror makes the offer; the offeree receives it. When a counteroffer is made, the roles swap.

4. A broker may NOT use a preprinted offer to purchase form that:

Answer & explanation

Answer: B. Rule 58A .0112 bars use of a preprinted offer or sales contract form containing a provision concerning a broker's compensation.

5. A lender offers a 95% LTV loan. The buyer has $18,000 for the down payment. What is the maximum purchase price?

Answer & explanation

Answer: A. At 95% LTV the down payment is 5% of price. Price = $18,000 / 0.05 = $360,000; loan = $342,000.

6. Which is NOT an essential element of a valid contract?

Answer & explanation

Answer: C. The essential elements are offer and acceptance (mutual consent), consideration, competent parties and legal purpose. Notarization is not required for a contract to be valid.

7. A mandatory evacuation order forces vacation tenants to leave on day 3 of a 7-night stay. They declined evacuation insurance that the broker offered before they took possession. The tenants are entitled to:

Answer & explanation

Answer: B. G.S. 42A-36 grants a prorated refund after a mandatory evacuation, unless the tenant declined (or bought) evacuation insurance offered by the landlord or broker.

8. A seller is already under contract, and the listing agent receives a second offer. The seller has not given written instructions about other offers. The listing agent should:

Answer & explanation

Answer: A. Brokers must present all offers promptly unless the seller has instructed otherwise in writing. Revealing the first buyer's terms would breach duties to the seller and require seller consent.

9. In an option to purchase, the seller who grants the option is the ____ and the option holder is the ____.

Answer & explanation

Answer: B. The seller (optionor) gives the option; the buyer (optionee) holds it. Only the optionor is bound during the option period, making it unilateral.

10. 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.

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. After the buyer and seller sign a sales contract but before closing, the contract is:

Answer & explanation

Answer: B. A contract is executory while obligations remain to be performed; it becomes executed when fully performed (at closing).

13. The federal law that prohibits price fixing, group boycotts, market allocation and tie-in agreements is the:

Answer & explanation

Answer: A. The Sherman Antitrust Act of 1890 prohibits conspiracies in restraint of trade, including these practices.

14. Under the statute of frauds, a real estate sales contract must be:

Answer & explanation

Answer: C. The statute of frauds requires real estate sales contracts to be in writing and signed to be enforceable.

15. A licensee representing the seller who learns the buyer will pay more than the offer must:

Answer & explanation

Answer: C. Loyalty and disclosure require the seller's agent to share material information that benefits the client. The agent owes the buyer-customer no confidentiality.

16. A contract that has all legal elements but where one party may cancel is:

Answer & explanation

Answer: D. A voidable contract is valid but one party may rescind it (e.g., a minor, or a party induced by misrepresentation or duress). A void contract lacks an essential element and has no legal effect.

17. A contract clause stating that 'time is of the essence' means:

Answer & explanation

Answer: D. 'Time is of the essence' makes performance by the stated dates essential; missing a deadline can be a breach.

18. Trust money received by a North Carolina broker (other than earnest money held with a pending offer) must be deposited in a trust or escrow account:

Answer & explanation

Answer: C. Rule 58A .0116 sets a three-banking-day deposit deadline.

19. An offer or counteroffer becomes a binding contract when:

Answer & explanation

Answer: A. Acceptance must be unconditional and communicated back to the offeror; any change creates a counteroffer instead.

20. A buyer did not receive the disclosure statement until after the contract was signed. The buyer may cancel the contract:

Answer & explanation

Answer: C. G.S. 47E-5(b) lets the buyer cancel without penalty. The right ends at the earliest of the end of the third calendar day after receipt, the third calendar day after contract, or settlement or occupancy. Cancellation does not depend on what the form says.

21. Under the Residential Rental Agreements Act, a North Carolina landlord must:

Answer & explanation

Answer: A. G.S. 42-42 lists the landlord's duties, including habitability, code compliance, safe common areas, maintenance of supplied systems and appliances, and operable smoke and CO alarms.

22. A builder offers a buyer's agent a $2,000 bonus if her client buys one of the builder's homes. The agent must:

Answer & explanation

Answer: B. Rule 58A .0109 requires a broker to disclose to the client, in a timely way, any compensation or incentive from anyone other than the client.

23. A broker must deliver a copy of a signed offer or contract to the parties who signed it:

Answer & explanation

Answer: B. Rule 58A .0106 requires immediate delivery, and no later than five days.

24. The nondiscrimination provision required in North Carolina agency agreements lists which classes?

Answer & explanation

Answer: C. Commission rules require the broker to conduct brokerage activities without regard to the seven classes that mirror the federal and NC Fair Housing Acts. Age and marital status are not on the list.

25. A buyer agent emails a client an offer and a buyer agency agreement. The client signs and returns only the offer. What should the agent do?

Answer & explanation

Answer: B. NCREC has specifically warned that presenting an offer without a signed written buyer agency agreement violates Rule 58A .0104(a). The agreement must be signed no later than the time the offer is made.

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