1. A property manager authorized to collect rents, sign leases, hire contractors and run the owner's buildings on an ongoing basis is typically a:
Answer & explanation
Answer: D. A general agent handles a range of matters in a continuing relationship (typical of property management). A listing agent is a special (limited) agent for one transaction.
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. After closing, an agent wants to place a 'SOLD' rider on the yard sign. Under Rule 4.12(c), this is:
Answer & explanation
Answer: A. Rule 4.12(c) does not permit signs stating 'sold,' 'sale pending' or similar. Staying under the size cap does not change that.
4. Even without an agency relationship, Vermont licensees owe customers which duty?
Answer & explanation
Answer: B. The Mandatory Consumer Disclosure lists duties owed to non-clients: disclosing known material facts, dealing honestly, accounting for money and following the law. Confidentiality and advocacy are fiduciary duties reserved for clients.
5. 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.
6. A seller has already accepted an offer, and another buyer submits a higher offer. The listing agent should:
Answer & explanation
Answer: D. Listing agents must present all offers through closing, but should not give legal advice about the seller's obligations under the existing contract.
7. Under a cooperation agreement between a listing firm and another firm, the cooperating firm is the agent of:
Answer & explanation
Answer: A. Rule 4.11(b) states that the cooperating firm is the agent of the principal firm, not of the buyer or seller, which is called broker agency. MLS participation agreements count as cooperation agreements (Rule 4.11(e)).
8. A Vermont buyer service agreement from a designated agency firm must:
Answer & explanation
Answer: B. Rule 4.8(c) requires seller and buyer agreements to state the firm's agency model and, if designated, name the designated agents, with client approval of changes. Commission amounts are negotiable and not fixed by rule.
9. An agent tells a buyer he will show homes only if the buyer uses the agent's brother as mortgage broker. This is an illegal:
Answer & explanation
Answer: A. Conditioning one service on the purchase of another is a tying arrangement prohibited by antitrust law.
10. In a designated agency firm, the principal broker is the designated agent for a seller, and another firm licensee is designated for a buyer of that property. What must the firm provide?
Answer & explanation
Answer: B. Rules 4.2(c) and 4.4(c) require a qualified supervising licensee when the principal broker or broker in charge is a designated agent in an in-house transaction, and that supervisor cannot represent either party (Rule 1.8(y)). Dual agency consent is not available in Vermont.
11. Which firms may elect designated agency in Vermont?
Answer & explanation
Answer: C. Rule 4.4(a) allows a firm with more than two licensees to elect designated agency. A one-person office cannot designate separate agents for opposing parties.
12. In a designated agency firm, the seller's designated agent learns the seller will accept $20,000 less than list. Is that knowledge imputed to the buyer's designated agent in the same firm?
Answer & explanation
Answer: B. Rule 4.4(i) provides that information known to a designated agent is not imputed to the firm or other licensees, which is what makes in-house designated agency workable. Automatic imputation is the non-designated model's logic.
13. How does a Vermont consumer become a client of a real estate firm?
Answer & explanation
Answer: D. Rule 4.8(a) requires a written service agreement before brokerage services, and the disclosure form tells consumers that a written agreement is what creates a client relationship. Signing the disclosure only acknowledges receipt.
14. 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.
15. 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.
16. A Vermont agent offers to serve as a neutral 'transaction facilitator' for both buyer and seller. Under Commission rules this is:
Answer & explanation
Answer: C. Rules 4.3(d)(3) and 4.4(e)(3) bar offering intermediary, transaction broker, facilitator or other non-fiduciary forms of representation; referrals remain allowed. Disclosure does not cure a prohibited relationship.
17. 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.
18. 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.
19. In a Vermont firm practicing non-designated agency, who represents the firm's clients?
Answer & explanation
Answer: B. Under Rule 4.3(b), in non-designated agency all affiliated licensees represent all clients of the firm and owe them fiduciary duties. 'Only the signing licensee' describes designated agency.
20. Which fiduciary duty continues even after the agency relationship has ended?
Answer & explanation
Answer: D. Most fiduciary duties end with the agency, but the agent must continue to keep the former client's confidential information private.
21. 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.
22. 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.
23. A buyer's agent's brother owns a home that fits the buyer's needs. Before showing it, the agent must:
Answer & explanation
Answer: B. Any personal or financial interest of the agent or family must be disclosed up front so the client can make an informed decision.
24. 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.
25. During a listing walk-through, the agent notices fresh paint on one ceiling area and a musty odor. The agent should:
Answer & explanation
Answer: C. Agents are not inspectors, but must recognize red flags (stains, odors, cracks) and disclose them for further investigation.
Sources
Source verification pending. Confirm current requirements with your state regulator.