Answer: D. Marketable title is reasonably free from defects and insurable - not necessarily perfect.
2. A real estate licensee who is not an attorney may:
Answer & explanation
Answer: B. Licensees may complete attorney-prepared forms but may not draft contracts, amendments or addenda or give legal advice - that is the unauthorized practice of law.
3. A neighbor's new garage extends two feet over the property line. This is an:
Answer & explanation
Answer: B. An encroachment is an improvement that intrudes onto another's land; a survey establishes the boundary.
4. A title search shows owner A conveyed to B, but the next record shows C as owner with no deed from B. This is an example of:
Answer & explanation
Answer: A. Gaps in the chain or unreleased liens are clouds that must be cleared (e.g., by quitclaim deed or quiet title action) before title is marketable.
5. When do unpaid Texas property taxes for the prior year generally become delinquent?
Answer & explanation
Answer: C. Taxes become delinquent February 1 if the bill was mailed on or before January 10.
6. Which property is presumed to be community property in Texas?
Answer & explanation
Answer: C. §3.003(a) presumes that property possessed by either spouse during or on dissolution of marriage is community property.
7. What is the general purpose of the Texas Real Estate Recovery Trust Account?
Answer & explanation
Answer: A. The account reimburses aggrieved persons for actual damages caused by specified license holder misconduct when the judgment cannot be collected.
8. The closing date is October 20. The lender's appraisal comes in low and the lender will not approve the property. Under Paragraph 2B of TREC 40-11, what is the latest date the buyer may terminate and get the earnest money back?
Answer & explanation
Answer: A. Property Approval termination must be on or before the 3rd day before the Closing Date: October 20 - 3 = October 17. The buyer must give notice plus the lender's written statement of reasons.
9. 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.
10. What standard of proof must a spouse meet to show that property is separate rather than community?
Answer & explanation
Answer: A. §3.003(b) requires clear and convincing evidence to overcome the community property presumption.
11. 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.
12. 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.)
13. 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.
14. How many members serve on the Texas Real Estate Commission?
Answer & explanation
Answer: D. TRELA provides for nine governor-appointed members: six licensed brokers and three public members. Six is tempting because it is the number of broker seats, not the total.
15. Which item would most likely be considered personal property rather than a fixture?
Answer & explanation
Answer: A. Items easily removed without damage, like a plug-in refrigerator, are usually personal property. Carpeting cut to fit, built-ins and HVAC are adapted or attached fixtures.
16. 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.
17. The principle that a property's value tends to be set by the cost of an equally desirable substitute is:
Answer & explanation
Answer: A. Substitution: a buyer will pay no more than the cost of an equally desirable alternative.
18. The seller of a rental property collected $1,800 rent for the month on the 1st. Closing is on the 10th, and the seller owns the day of closing (30-day month). What is the rent proration?
Answer & explanation
Answer: C. Daily rent = $1,800 / 30 = $60. Buyer owns days 11-30 = 20 days. 20 x $60 = $1,200, credited to the buyer because the seller collected rent for days the buyer will own.
19. 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.
20. When a tenant in common dies, that owner's share:
Answer & explanation
Answer: B. Tenancy in common has NO right of survivorship, so a deceased co-owner's interest passes by will or to heirs. Automatic passage to co-owners describes joint tenancy.
21. The four unities required to create a joint tenancy are:
Answer & explanation
Answer: A. PITT: joint tenants must take equal interests, at the same time, by the same deed, with equal rights of possession.
22. A wife inherits a lake house from her aunt during her marriage. How is the lake house classified?
Answer & explanation
Answer: A. Property acquired by gift, devise, or descent during marriage is separate property under Family Code §3.001.
23. A husband owns a home as his separate property, and the couple lives there as their homestead. Can he sell it without his wife's signature?
Answer & explanation
Answer: C. Family Code §5.001 requires the other spouse's joinder to sell, convey, or encumber the homestead, whether it is separate or community property.
24. What must every Texas real estate advertisement include?
Answer & explanation
Answer: D. TREC's advertising rules require the broker's licensed or registered assumed name in every ad. License numbers are not required.
25. What is the aggregate fair market value limit on exempt personal property for a Texas family?
Answer & explanation
Answer: B. §42.001 exempts personal property up to $100,000 for a family and $50,000 for a single adult.
Sources
Source verification pending. Confirm current requirements with your state regulator.