1. On June 30 the fund holds $51,000 and there are 3,000 licensees. What is the smallest equal per-licensee assessment that restores the fund to its required minimum?
Answer & explanation
Answer: A. The shortfall is $60,000 − $51,000 = $9,000, and $9,000 ÷ 3,000 = $3. Nine dollars is the shortfall in thousands, not the per-person amount; $20 is only the cap.
2. A seller wants to change several material terms in a buyer's offer. Under the Commission's rule, the best practice is to:
Answer & explanation
Answer: B. N.D. Admin. Code 70-02-03-06 says changes must be initiated and agreed to by the offeror, and material or extensive changes call for rewriting the entire offer.
3. A listing agent receives three written offers on the same afternoon. The agent must:
Answer & explanation
Answer: D. N.D. Admin. Code 70-02-03-06 requires prompt presentation of every written offer. Screening offers violates the rule and NDCC 43-23-11.1.
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 property owner who wants to deviate from a zoning requirement (e.g., a setback) would seek a:
Answer & explanation
Answer: C. A variance grants relief from a specific zoning requirement; a setback deviation is an area variance. A building permit only authorizes construction that complies with the rules.
6. A salesperson receives an earnest money check from a buyer. The salesperson should:
Answer & explanation
Answer: C. The broker manages the trust account; licensees must promptly deliver trust funds to the broker.
7. 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.
8. Who is responsible for supervising all advertising by licensees of a North Dakota firm?
Answer & explanation
Answer: C. N.D. Admin. Code 70-02-03-02.1 requires all advertising to be supervised by the designated broker, who also supervises teams under a written policy (70-02-01-21).
9. North Dakota's homestead exemption protects a home with a value of up to how much over and above liens and encumbrances?
Answer & explanation
Answer: D. NDCC 47-18-01 limits the homestead to $150,000 in value over and above liens or encumbrances.
10. Which is an example of an economic characteristic of land?
Answer & explanation
Answer: B. Scarcity, improvements, permanence of investment and area preference are economic characteristics; immobility, indestructibility and uniqueness are physical.
11. An investment property with NOI of $63,000 sells for $900,000. What is the capitalization rate?
Answer & explanation
Answer: C. Cap rate = NOI / value = $63,000 / $900,000 = 0.07 = 7%.
12. When a licensee will serve a person as a customer rather than a client, the Commission's rules require:
Answer & explanation
Answer: D. N.D. Admin. Code 70-02-03-15.2 requires the customer to sign a written nonagency disclosure before services begin, with a copy in the file. A buyer's broker agreement would create a client relationship.
13. Which document is recorded in the county records and makes the property collateral for a loan?
Answer & explanation
Answer: C. The mortgage creates the lien and is recorded. The promissory note is the borrower's personal promise to repay and is not recorded.
14. A rectangular lot is 100 ft by 150 ft. How many square feet is it?
Answer & explanation
Answer: C. Area = length x width = 100 x 150 = 15,000 square feet. (250 is the sum of two sides.)
15. The Subdivided Lands Disposition Act (NDCC 43-23.1) applies to:
Answer & explanation
Answer: A. NDCC 43-23.1 defines a subdivision as land outside North Dakota divided into five or more lots or interests for disposition, or offered under a common promotional plan.
16. A seller wants to net $250,000 after paying a 6% commission and $6,000 in other closing costs. To the nearest dollar, what must the sale price be?
Answer & explanation
Answer: B. Net + other costs = $256,000, which equals 94% of the price (100% - 6%). Price = $256,000 / 0.94 = $272,340.43, about $272,340. Adding 6% to $256,000 ($271,360) understates the price.
17. Which debt can be enforced against a North Dakota homestead despite the exemption?
Answer & explanation
Answer: C. NDCC 47-18-04 subjects the homestead to improvement liens, mortgages signed by both spouses, purchase-money debt and taxes. Unsecured debts reach only value above $150,000 over liens.
18. Either party may end a month-to-month residential tenancy by giving at least:
Answer & explanation
Answer: D. NDCC 47-16-15 requires at least one calendar month's written notice. Three days is the notice of intent to evict under 47-32-02.
19. 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).
20. An Arizona developer's advertising for lots offered in North Dakota states 'Approved by the North Dakota Real Estate Commission.' This statement is:
Answer & explanation
Answer: A. NDCC 43-23.1 provides that advertising may not claim Commission approval or endorsement, even after registration. The $25,000 bond is a separate registration requirement.
21. 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.
22. Under IRC Section 121, a single homeowner may generally exclude how much capital gain on a primary residence?
Answer & explanation
Answer: C. Section 121 allows up to $250,000 exclusion for a single filer ($500,000 married filing jointly) on a primary residence used 2 of the last 5 years.
23. Which duty does a seller's agent owe to a buyer who is a customer, not a client?
Answer & explanation
Answer: D. Customers are owed HARD duties - Honesty, Accounting, Reasonable skill and care, and Disclosure of material facts - but not loyalty, obedience or confidentiality.
24. The most common form of homeowner's insurance policy for a single-family home is the:
Answer & explanation
Answer: D. HO-3 (special form) is the most common homeowner's policy. HO-4 is renter's insurance and HO-6 is for condominium owners.
25. On the buyer's side of the closing statement, the earnest money deposit and the new mortgage loan are both:
Answer & explanation
Answer: A. Earnest money and loan proceeds are sources of funds that reduce what the buyer must bring, so they are buyer credits.
Sources
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