1. On what date do all North Dakota real estate licenses expire?
Answer & explanation
Answer: B. N.D. Admin. Code 70-02-01-04 makes all licenses expire December 31 each year. November 15 is the date renewal applications are due.
2. An applicant's real estate license in another state was revoked 18 months ago. The North Dakota Commission:
Answer & explanation
Answer: A. NDCC 43-23-08 bars licensing a person whose license was revoked in any state within the two years before applying. Eighteen months is inside that window, and an inactive license is still a license.
3. Three claimants hold valid unpaid judgments of $10,000, $10,000 and $5,000 against one licensee, from different transactions. How much does the $5,000 claimant receive from the fund?
Answer & explanation
Answer: C. NDCC 43-23.2-08 caps total payment per licensee at $15,000 and distributes pro rata. Total claims are $25,000, so the $5,000 claimant gets 5/25 × $15,000 = $3,000. Payment is not first-come, first-served.
4. 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.
5. 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.
6. 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.
7. A North Dakota broker's trust account must be:
Answer & explanation
Answer: D. NDCC 43-23-14.1 requires a separate noninterest-bearing account at a federally insured in-state institution. Contrast tenant security deposits, which must be in an interest-bearing account.
8. When an owner dies with no will and no heirs, the property passes to the state through:
Answer & explanation
Answer: C. Escheat transfers ownerless property to the state when there is no will and no heirs.
9. When the Commission sues in district court to stop unlicensed activity, it:
Answer & explanation
Answer: B. NDCC 43-23-18 lets the Commission sue in the county where the violator resides or the act occurred, and no bond is required. No prior conviction is needed for an injunction.
10. When a person is first licensed in North Dakota, how much must be paid to the Real Estate Education, Research, and Recovery Fund?
Answer & explanation
Answer: A. NDCC 43-23.2-02 requires a $20 fee at first licensure, paid only once except for special assessments. $150 is the license application fee.
11. 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.
12. In a sale of a 40-unit apartment building, unless all parties agree otherwise in writing, the licensee is presumed to be:
Answer & explanation
Answer: C. N.D. Admin. Code 70-02-03-15 covers commercial, agricultural and five-or-more-unit residential transactions and makes the licensee the seller's agent unless all parties agree otherwise in writing. North Dakota's rules do not create a transaction-broker default.
13. A broker earned a $15,750 commission on a $450,000 sale. What was the commission rate?
Answer & explanation
Answer: A. Rate = commission / sale price = $15,750 / $450,000 = 0.035 = 3.5%.
14. A licensee never gave the required agency disclosure in a one-to-four-unit residential sale. Under the Commission's rule, the licensee:
Answer & explanation
Answer: A. N.D. Admin. Code 70-02-03-15.1(8) bars a licensee from suing for a commission unless agency was disclosed as required. The Recovery Fund fee is a one-time licensing payment unrelated to disclosure.
15. 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.)
16. A salesperson earns $6,000 on a $150,000 sale. What was the commission rate?
Answer & explanation
Answer: B. Rate = commission / sale price = $6,000 / $150,000 = 0.04 = 4%.
17. The maximum special assessment per licensee when the Recovery Fund falls below its minimum balance is:
Answer & explanation
Answer: D. NDCC 43-23.2-02 limits the assessment to a sum not exceeding $20, set to restore the balance to at least $60,000.
18. Which activity may an unlicensed assistant generally perform?
Answer & explanation
Answer: D. Unlicensed staff may perform clerical tasks like typing licensee-prepared ads, but may not compose ads, negotiate or show property.
19. Which is the most common and desirable way a real estate sales contract terminates?
Answer & explanation
Answer: C. Contracts ideally end by performance. They can also end by mutual agreement, impossibility, operation of law, or breach.
20. On a closing statement, the purchase price is a:
Answer & explanation
Answer: B. The seller receives the price (credit); the buyer owes it (debit).
21. A life estate is measured by:
Answer & explanation
Answer: D. A life estate lasts for the duration of a specified person's life, then passes to the remainderman or reverts to the grantor. A fixed term describes an estate for years (a leasehold).
22. 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.
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. Under the Truth in Lending Act (Regulation Z), which phrase in an ad is a 'trigger term' requiring full credit disclosures?
Answer & explanation
Answer: A. Specific terms like the down payment amount, number or amount of payments, finance charge or repayment period trigger full disclosure (including APR). General statements do not.
25. Two brokers agree not to cooperate with a discount brokerage in order to drive it out of business. This is:
Answer & explanation
Answer: D. Agreeing with competitors to refuse to deal with another business is an illegal group boycott.
Sources
Source verification pending. Confirm current requirements with your state regulator.