1. 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.
2. 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.
3. What is the maximum one claimant may recover from the Virginia Real Estate Transaction Recovery Fund for a single transaction?
Answer & explanation
Answer: D. Section 54.1-2116 caps each claimant at $20,000 per transaction. $50,000 is the cap for all claimants in one transaction, and $100,000 is the per-licensee cap per biennial period.
4. The four elements that must all be present for real property to have value are summarized by the acronym DUST, which stands for:
Answer & explanation
Answer: D. Value requires Demand, Utility, Scarcity and Transferability.
5. In a general warranty deed, the grantor's promise that he owns the property and has the right to convey it is the covenant of:
Answer & explanation
Answer: B. Seisin = ownership and right to convey. Quiet enjoyment protects against superior title claims; further assurance obligates the grantor to cure defects; warranty forever defends title against all claims.
6. A buyer purchases a $300,000 home with an 80% loan, pays 1 point on the loan, a $450 appraisal and $1,800 in title charges, and has already deposited $10,000 earnest money. How much must the buyer bring to closing?
Answer & explanation
Answer: D. Down payment = $60,000; 1 point = $240,000 x 0.01 = $2,400; total = $60,000 + $2,400 + $450 + $1,800 = $64,650; minus $10,000 earnest money = $54,650.
7. 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.
8. A property has a first mortgage (recorded 2015), a judgment lien (2018), a mechanic's lien (2020) and unpaid property taxes. Which is paid FIRST from sale proceeds?
Answer & explanation
Answer: A. Real property tax liens take priority over all others regardless of recording date; other liens generally follow in order of recording.
9. 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.
10. Under § 55.1-709, when must the seller deliver the required residential property disclosures?
Answer & explanation
Answer: B. Section 55.1-709 A requires delivery before ratification. If delivery comes after ratification, the buyer gets a termination right.
11. A licensee may manage property for an owner for a fee only if there is:
Answer & explanation
Answer: D. Property management agreements must be written and signed; they make the manager a general agent and define duties, authority and fees.
12. A $4,000,000 sewer project is assessed against properties with a combined assessed value of $160,000,000, payable over 5 years. What is the ANNUAL assessment on a property assessed at $240,000?
Answer & explanation
Answer: D. Rate = $4,000,000 / $160,000,000 = $0.025 per $1. Total = $240,000 x 0.025 = $6,000; annual = $6,000 / 5 = $1,200.
13. A property owner who wants to deviate from a zoning requirement (e.g., a setback) would seek a:
Answer & explanation
Answer: C. A variance grants relief from a specific zoning requirement; a setback deviation is an area variance. A building permit only authorizes construction that complies with the rules.
14. The periodic report a property manager gives the owner showing rents and other income collected and expenses paid for the period is the:
Answer & explanation
Answer: A. The income statement (P&L) summarizes income and expenses for the accounting period, typically monthly.
15. Which disclosure must a Virginia owner make even when the sale is otherwise exempt from the Residential Property Disclosure Act?
Answer & explanation
Answer: B. Section 55.1-708 requires the meth-lab disclosure notwithstanding the exemptions in § 55.1-702. Roof age, radon and utility history are not mandatory owner disclosures.
16. A quitclaim deed is most often used to:
Answer & explanation
Answer: B. Quitclaim deeds convey whatever interest the grantor may have, without warranties, making them useful for removing clouds or releasing claims.
17. Adverse possession allows someone to acquire title by:
Answer & explanation
Answer: B. Adverse possession requires open, notorious, exclusive, continuous and hostile use for the statutory period. A tenant's possession is permissive, not hostile. (Reclassified to section 1 / CORE.)
18. The Virginia disclosure statement directs buyers to check the local ordinance and map to learn whether a property contains a Resource Protection Area. This relates to which law?
Answer & explanation
Answer: D. Section 55.1-703 lists Resource Protection Areas under the Chesapeake Bay Preservation Act among the matters on which the owner makes no representation and the buyer should do due diligence.
19. A property that fails to sell at the foreclosure auction and becomes owned by the lender is called:
Answer & explanation
Answer: B. When no bid meets the lender's minimum, the lender takes title and the property becomes REO inventory.
20. Under the Virginia Residential Property Disclosure Act, the owner of a home for sale must provide the buyer with:
Answer & explanation
Answer: B. Section 55.1-703 requires the owner to furnish the Board's statement in which the owner makes no representations about listed matters and directs the buyer to exercise due diligence.
21. A purchase contract names a title company as escrow agent. The buyer hands the $5,000 deposit check to the buyer's agent. What must the broker do?
Answer & explanation
Answer: D. When the deposit is not held in the firm's escrow account, § 54.1-2108.2 requires delivery to the escrow agent named in the contract within five business banking days after receipt, unless the principals agree otherwise in writing.
22. A property management firm wants to place tenant security deposits in an interest-bearing escrow account. What does the regulation require?
Answer & explanation
Answer: D. 18VAC135-20-181 B allows interest-bearing escrow accounts if the contract or lease discloses in writing, when it is written, how the interest will be disbursed.
23. What happens if a Virginia real estate license is not reinstated within one year after it expires?
Answer & explanation
Answer: C. 18VAC135-20-140 allows reinstatement for up to one year after expiration. After one year, the license cannot be reinstated under any circumstances, and the person must apply as a new applicant.
24. Which community is governed by the Virginia Property Owners' Association Act rather than another common interest statute?
Answer & explanation
Answer: C. Section 55.1-1800 defines a declaration as a recorded instrument giving the association common-area duties or power to impose mandatory payments, but excludes condominium, cooperative, time-share and campground instruments.
25. A salesperson wants to pay $250 to a neighbor who has never held a real estate license for referring a buyer who later closed. Under Virginia rules this is:
Answer & explanation
Answer: A. 18VAC135-20-280 prohibits giving valuable consideration to anyone not licensed in this or any jurisdiction for services that require a license, which includes referral fees. Disclosure or the source of the money does not cure it.
Sources
Source verification pending. Confirm current requirements with your state regulator.