1. 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.
2. 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.
3. A seller's elderly father died of natural causes in the house last year. Under TRELA, what is the listing agent's duty?
Answer & explanation
Answer: A. §1101.556 relieves license holders of any duty to inquire about or disclose a death by natural causes, suicide, or an accident unrelated to the property's condition.
4. A sales agent meets a buyer whom the agent knows is represented by another license holder. Must the agent provide the IABS to that buyer?
Answer & explanation
Answer: D. §1101.558(c)(2) excuses the IABS when the license holder meets with a party the license holder knows is represented by another license holder. Brokerage affiliation does not matter.
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 sales agent application is filed with TREC on February 3. By what date must the applicant meet all licensing requirements, including passing the exam?
Answer & explanation
Answer: C. A TREC application expires one year from the date it is filed, and every requirement must be met within that year.
8. An active sales agent on a later renewal has not finished CE by the expiration date. What option is available?
Answer & explanation
Answer: A. For later active renewals, TREC allows a $200 deferral fee that keeps the license active for 60 more days. This option is not available for first-renewal SAE or for late renewals.
9. 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.
10. A sales agent's license expired 26 months ago. What must the person do to practice again?
Answer & explanation
Answer: A. A license may be renewed up to 6 months late and reinstated from 6 months up to 2 years after expiration. After 2 years, the person must reapply and pass the exam. At 26 months the reinstatement window has closed.
11. 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.
12. An agent advertises a home as having a 'new roof' without verifying it; the roof is actually 18 years old. This is:
Answer & explanation
Answer: C. Stating unverified facts that prove false is negligent misrepresentation; knowingly false statements are fraud. Puffing is opinion, not a verifiable fact.
13. A license holder tells a buyer, 'In my opinion, this home is priced fairly.' The buyer later disagrees. Which DTPA principle most likely protects the agent?
Answer & explanation
Answer: C. §17.49(c) exempts claims based on professional services whose essence is advice, judgment, or opinion. An honest pricing opinion fits that description.
14. A listing where the seller may sell themselves without owing commission, but only the listing broker among agents is protected, is:
Answer & explanation
Answer: B. In an exclusive agency listing, the seller pays no commission on a self-sale, but the listing broker is protected if any broker sells it. (Reclassified to section 6 / CORE.)
15. Which action by a sales agent using a TREC form is permitted?
Answer & explanation
Answer: A. License holders may fill in blanks with factual information and business details. Drafting legal provisions or advising on their legal effect is the practice of law.
16. A material defect that a seller/agent must disclose is one that:
Answer & explanation
Answer: C. Material defects significantly affect value or would influence a buyer's decision and must be disclosed.
17. Two buyers in one transaction hold uncollectible judgments of $90,000 and $60,000 against the same agent. How much will the first buyer receive from the Recovery Trust Account?
Answer & explanation
Answer: C. Total claims are $150,000, which exceeds the $125,000 per-transaction cap, so payments are prorated. Ratio = 125,000 / 150,000 = 0.8333. First buyer: $90,000 x 0.8333 = $75,000. The second buyer receives $50,000.
18. Which state agency enforces the Texas Fair Housing Act?
Answer & explanation
Answer: C. TWC's Civil Rights Division investigates and enforces Texas Fair Housing Act complaints. TREC separately disciplines licensees for discrimination.
19. 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.
20. Which statement about Sales Agent Apprentice Education (SAE) for a first renewal is correct?
Answer & explanation
Answer: B. SAE hours cannot be deferred, and they apply to both active and inactive first renewals. The $200, 60-day deferral applies only to CE for later active renewals.
21. 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.
22. 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.
23. 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.
24. When a broker appoints one salesperson to represent the seller and another salesperson in the same office to represent the buyer, this is:
Answer & explanation
Answer: B. Designated agency assigns separate agents within one brokerage; the broker is still a dual agent and written consent is required.
25. 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.
Sources
Source verification pending. Confirm current requirements with your state regulator.