1. 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.
2. A buyer pays $10,000 for a 12-month option to buy a house for $250,000. During the option period:
Answer & explanation
Answer: C. The option binds only the optionor. The optionee may exercise or let it lapse (forfeiting the option money).
3. A contract that is missing an essential element, such as consideration, is:
Answer & explanation
Answer: A. Missing an essential element makes a contract void from the start. A voidable contract appears valid but may be canceled by one party.
4. In an option to purchase, the seller who grants the option is the ____ and the option holder is the ____.
Answer & explanation
Answer: B. The seller (optionor) gives the option; the buyer (optionee) holds it. Only the optionor is bound during the option period, making it unilateral.
5. A licensee offers an unlicensed friend $300 for each listing lead the friend negotiates. Under Rule 4.13, this is:
Answer & explanation
Answer: C. Rule 4.13(a) bars paying unlicensed persons, directly or indirectly, for brokerage services. Written referral agreements apply only to referrals to and from licensed firms.
6. A landlord with no written rental agreement has contracted to sell the building. What minimum notice may the landlord give a tenant to terminate?
Answer & explanation
Answer: B. Section 4467 allows at least 30 days' notice when there is no written agreement and the landlord has contracted to sell the building. Without the sale, a no-cause termination would require 60 or 90 days.
7. An offer or counteroffer becomes a binding contract when:
Answer & explanation
Answer: A. Acceptance must be unconditional and communicated back to the offeror; any change creates a counteroffer instead.
8. Under 27 V.S.A. §380, which item must a seller disclose to a buyer before or as part of the sale contract?
Answer & explanation
Answer: B. Section 380 requires the FEMA flood map (or notice that none exists), flooding or flood damage during the seller's ownership, and whether the seller carries or is required to carry flood insurance. It does not require town-wide history or an engineer's certificate.
9. A lender offers a 95% LTV loan. The buyer has $18,000 for the down payment. What is the maximum purchase price?
Answer & explanation
Answer: A. At 95% LTV the down payment is 5% of price. Price = $18,000 / 0.05 = $360,000; loan = $342,000.
10. 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).
11. 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.
12. A mortgage lender offers a salesperson $200 for every client referred. Under RESPA this is:
Answer & explanation
Answer: D. RESPA prohibits kickbacks and unearned referral fees between settlement service providers and real estate licensees, even if disclosed.
13. Adding a new financing contingency to an existing sales contract is done by a(n) ____, while changing the existing closing date is done by a(n) ____.
Answer & explanation
Answer: C. An addendum ADDs new terms; an amendment changes existing terms. Both require agreement of both parties.
14. A party making an offer to buy is the ____, and the party receiving it is the ____.
Answer & explanation
Answer: D. The offeror makes the offer; the offeree receives it. When a counteroffer is made, the roles swap.
15. A financing contingency in a purchase agreement protects the:
Answer & explanation
Answer: C. A financing (mortgage) contingency lets the buyer cancel without penalty if unable to secure the specified loan by the deadline.
16. Which is NOT an essential element of a valid contract?
Answer & explanation
Answer: C. The essential elements are offer and acceptance (mutual consent), consideration, competent parties and legal purpose. Notarization is not required for a contract to be valid.
17. 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.
18. A deposit sits in an individual interest-bearing account and the buyer defaults. Absent a different written agreement, who receives the interest?
Answer & explanation
Answer: C. Section 2214(b) gives interest to the buyer if the sale closes or the deposit is returned, and to the seller if the buyer defaults, unless the parties agree otherwise in writing. VHFA receives only pooled-account interest.
19. 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)).
20. Under a land contract (contract for deed), during the payment period the buyer holds:
Answer & explanation
Answer: D. In an installment/land contract the buyer has equitable title and possession; the seller keeps legal title until the final payment.
21. Under which seller agreement does the owner owe the firm a commission even if the owner finds the buyer?
Answer & explanation
Answer: B. Rule 1.8(l) defines the exclusive right to market agreement as the one where the owner owes compensation even on the owner's own sale. Under the exclusive agency marketing agreement, the owner keeps the right to sell commission-free.
22. Before a Vermont firm provides brokerage services to a seller client, it must have:
Answer & explanation
Answer: C. Rule 4.8(a) requires a written seller service, buyer service or cooperation agreement before any brokerage services. The Mandatory Consumer Disclosure does not create agency.
23. A listing agreement states that it renews automatically for another year unless the seller cancels in writing. This clause is:
Answer & explanation
Answer: A. Rule 4.8(b) prohibits automatic extensions or renewals of brokerage service agreements. Bold type does not cure a prohibited term.
24. A buyer signs an agreement to use only one firm but keeps the right to buy a property found on her own without owing a fee. This is:
Answer & explanation
Answer: A. Rule 1.8(k) describes the exclusive buyer agency agreement: one firm only, but no fee if the buyer buys on her own. Under the exclusive right to represent buyer agreement, the fee is owed even if the buyer finds the property herself.
25. What is the longest term a Vermont brokerage service agreement may have?
Answer & explanation
Answer: C. Rule 4.8(b) requires a specific expiration date no more than one year from the effective date. Longer terms require a new signed agreement.
Sources
Source verification pending. Confirm current requirements with your state regulator.