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California Real Estate Practice Exam

150 questions · Full exam pass mark 105/150 · one combined exam

Free from agentexamcoach.com — original practice questions, not real exam items.

  1. 1. Which lien attaches to all property of a debtor rather than one identified parcel?

    • A. A mechanic's lien
    • B. A trust deed lien
    • C. A property tax lien
    • D. A judgment lien
  2. 2. A mobile home park resident owns the coach but rents the space. What governs that tenancy?

    • A. The Mobilehome Residency Law
    • B. The Davis-Stirling Act
    • C. The standard residential lease law
    • D. The Subdivision Map Act
  3. 3. A zoning change leaves an existing gas station as the only non-residential use. What is it now?

    • A. A legal nonconforming use
    • B. A spot-zoned parcel
    • C. An illegal use subject to closure
    • D. A conditional use
  4. 4. A naturally occurring radioactive gas seeps into a home through the foundation. Which hazard is it?

    • A. Asbestos
    • B. Methane
    • C. Radon
    • D. Formaldehyde
  5. 5. A recorded declaration of restrictions caps all homes at 2,800 square feet. A later buyer builds larger. Who may enforce?

    • A. No one, since restrictions expire at first resale
    • B. Only the city through code enforcement
    • C. Other owners benefiting from the common plan of restrictions
    • D. Only the original subdivider personally
  6. 6. Two neighbours have treated a fence line as the boundary for decades though the survey differs. Which doctrine may apply?

    • A. Eminent domain
    • B. Adverse possession by grant
    • C. Agreed boundary
    • D. Escheat
  7. 7. Which characteristic of a 'conditional use permit' distinguishes it from a variance?

    • A. It allows a use the zoning contemplates but requires review
    • B. It requires a ballot measure
    • C. It rezones the parcel permanently
    • D. It excuses a hardship from dimensional rules
  8. 8. A property owner grants a conservation easement to a land trust, forever barring subdivision of the parcel. The owner later sells. Is the buyer bound?

    • A. Yes — but only if the land trust re-records the easement after every sale
    • B. No — the easement was personal to the granting owner and ended at the sale
    • C. No — conservation easements expire after thirty years under California law
    • D. Yes — a recorded conservation easement runs with the land and binds all successors
  9. 9. A homeowner's CC&Rs prohibit solar panels. Under California law, what is the position?

    • A. Such outright bans are void; reasonable restrictions only
    • B. Solar is banned unless the state issues a permit
    • C. The CC&Rs control completely
    • D. Solar is allowed only with HOA approval
  10. 10. An easement holder paves and widens a dirt path beyond its historical use. What is the concern?

    • A. Abandonment of the easement
    • B. Creation of a licence
    • C. Overburdening the servient tenement
    • D. Merger of the estates
  11. 11. Which lien attaches to real property without the owner's consent?

    • A. A mortgage
    • B. A judgment lien
    • C. A deed of trust
    • D. A voluntary lien for an HOA special assessment agreed by vote
  12. 12. An owner subdivides a parcel into two lots and sells the rear lot, which has access only across the front lot. The deed says nothing about access. What does the rear lot buyer have?

    • A. A licence to cross that the front lot owner may revoke at any time
    • B. An implied easement by necessity across the front lot from the common ownership
    • C. A right to demand that the city construct a public road to the lot
    • D. No access rights at all, because the deed failed to grant any easement
  13. 13. Which environmental hazard is most associated with homes built before 1978 and triggers a federal disclosure?

    • A. Asbestos siding
    • B. Radon gas
    • C. Lead-based paint
    • D. Formaldehyde insulation
  14. 14. Which power allows government to take private property for public use on payment of just compensation?

    • A. Police power
    • B. Eminent domain
    • C. Taxation
    • D. Escheat
  15. 15. Which common interest development gives the owner NO fee interest in land?

    • A. A community apartment project (owners hold undivided fee)
    • B. A planned development
    • C. A stock cooperative
    • D. A condominium
  16. 16. Which interest allows removing something of value from another's land, such as gravel?

    • A. A licence
    • B. A covenant
    • C. A profit
    • D. An easement in gross
  17. 17. Which of these would justify granting a variance?

    • A. Neighbourhood popularity
    • B. The owner's desire for a larger home
    • C. An unusually shaped lot causing hardship
    • D. Higher potential profit
  18. 18. Two people buy investment property taking equal shares with survivorship, stated in the deed. Which unities must exist?

    • A. Time, title, interest and possession
    • B. Marriage, title and possession
    • C. Title and time only
    • D. Possession and interest only
  19. 19. What does CEQA require for a project with potentially significant environmental effects?

    • A. Nothing for private projects
    • B. A negative declaration only
    • C. A federal environmental assessment
    • D. An environmental impact report
  20. 20. What is required before a city may adopt or amend zoning that intensifies land use?

    • A. A unanimous vote of all affected owners
    • B. Consistency with the general plan and public hearings
    • C. Approval by the county grand jury
    • D. Certification by the state controller
  21. 21. Under the appropriative water rights doctrine, who has the superior claim?

    • A. The most recent permit holder
    • B. The first to put the water to beneficial use
    • C. The owner nearest the source
    • D. The largest landholder
  22. 22. A married person buys a home with inheritance money during marriage. How is it characterised absent agreement?

    • A. Community property automatically
    • B. Joint tenancy with the spouse
    • C. Tenancy in common
    • D. Separate property traceable to the inheritance
  23. 23. A seller's agent knows the seller is considering bankruptcy. A buyer's agent asks 'is the seller motivated?' What is the compliant answer?

    • A. Say the seller is not motivated, to strengthen the seller's position
    • B. Decline to characterise the seller's circumstances — motivation is confidential
    • C. Say the seller is very motivated, because it will attract a faster offer
    • D. Disclose the possible bankruptcy because it is a material fact
  24. 24. Which is TRUE of a 'net listing' in California?

    • A. Legal only for commercial and industrial property listings
    • B. Legal only with full disclosure of the broker's compensation before acceptance
    • C. Legal without any special disclosure to the seller at all
    • D. Illegal in every circumstance under the Real Estate Law
  25. 25. When must a licensee give a party a copy of a listing agreement that party has just signed?

    • A. Within five days of the signing date
    • B. At the time the signature is obtained
    • C. When the first offer is later presented
    • D. Only if the party requests a copy
  26. 26. Which situation creates an agency by ratification?

    • A. A court declares an agency after litigation
    • B. The parties' conduct implies mutual consent from the start
    • C. The agent posts a bond covering the transaction
    • D. The principal accepts the benefits of an unauthorised act with full knowledge
  27. 27. A property manager handling an owner's portfolio over years is best described as which kind of agent?

    • A. A general agent
    • B. A gratuitous agent
    • C. A special agent
    • D. A universal agent
  28. 28. A buyer's agent receives a counteroffer by email at 11 p.m. on the night before it expires at noon. The agent does not check email until 1 p.m. the next day. What duty is implicated?

    • A. The duty to account — the agent must log the time the email was received
    • B. The duty of confidentiality — the agent must not reveal when the email was read
    • C. The duty of diligence — an agent must monitor communications so the client can act in time
    • D. No duty — agents cannot be expected to check email outside of business hours
  29. 29. An agent presents an offer and the seller says 'I'll think about it.' What is the offer's status?

    • A. Converted into an option
    • B. Rejected by the delay
    • C. Still open until accepted, rejected, revoked, or lapsed
    • D. Automatically accepted after 24 hours
  30. 30. An agent represents a seller. A prospective buyer shares that they 'just lost a bidding war and will pay anything.' What should the agent do?

    • A. May share it with the seller — it is information from a non-client
    • B. Must refuse to hear such information
    • C. Must keep it confidential as fiduciary information
    • D. Must tell the buyer to get their own agent first
  31. 31. What does the duty of 'utmost care, integrity, honesty and loyalty' describe in the agency statute?

    • A. The fiduciary standard owed to the agent's own principal
    • B. The standard owed equally to both parties
    • C. A duty owed only in dual agency
    • D. The standard for advertising accuracy
  32. 32. A listing agent learns the buyer is a licensed agent buying for their own account. What must the buyer disclose?

    • A. Their intended resale price
    • B. Their licensed status, in writing, to the seller
    • C. Their commission split with their broker
    • D. Nothing — buying personally needs no disclosure
  33. 33. Which agent has authority limited to one specific act or transaction?

    • A. A special agent
    • B. A general agent
    • C. A universal agent
    • D. An ostensible agent
  34. 34. A broker's salesperson signs a listing in the salesperson's own name rather than the broker's. Who holds the agency?

    • A. The salesperson personally
    • B. Both jointly
    • C. Neither until ratified
    • D. The employing broker
  35. 35. A buyer asks their agent to write an offer with a 'love letter' mentioning the buyer's family and religion. What should the agent advise?

    • A. Caution against it — such letters raise fair housing concerns for the seller's decision
    • B. Encourage it, because personal letters help buyers win bidding wars
    • C. Refuse to submit the offer at all if a letter is attached to it
    • D. Require the seller to respond to the letter in writing
  36. 36. A buyer's agent's commission comes from the seller through the MLS offer of compensation. Does this change whom the agent represents?

    • A. Yes — payment by the seller makes them the seller's agent
    • B. Yes — it creates an automatic dual agency in the transaction
    • C. No — representation is fixed by agreement and disclosure, not payment
    • D. Only if the buyer raises an objection in writing
  37. 37. A seller rejects a full-price offer from a buyer of a protected class and accepts a lower offer days later. Beyond fair-housing liability, what about the commission?

    • A. Only a sale that actually closes escrow can generate a fee claim
    • B. No commission claim is ever possible on an offer the seller rejects
    • C. The commission is halved by statute when any offer is refused
    • D. The broker earned it by producing a ready, willing and able buyer
  38. 38. A buyer asks their agent to submit an offer the agent believes is far too low. What should the agent do?

    • A. Submit it with a note disowning it
    • B. Submit it as instructed
    • C. Refuse and explain why
    • D. Raise the price before submitting
  39. 39. An agent accepts an undisclosed bonus from a contractor for steering the client's repair work. What has occurred?

    • A. An ordinary referral arrangement
    • B. A permitted business courtesy
    • C. A conflict cured by later disclosure
    • D. A secret profit breaching loyalty
  40. 40. Which is TRUE regarding a buyer representation agreement's termination date?

    • A. Only the buyer may set the termination date
    • B. Buyer agreements expire automatically after 30 days
    • C. No termination date is required for buyer agreements
    • D. An exclusive buyer agreement must state a definite termination date
  41. 41. What is 'agency by estoppel'?

    • A. Agency created when the agent posts a surety bond
    • B. Agency terminated by an order of the superior court
    • C. Agency a principal cannot deny because conduct caused third-party reliance
    • D. Agency created by a written agreement between the parties
  42. 42. Which best describes the term 'principal' in agency law?

    • A. The amount of the loan on the property
    • B. The buyer in every transaction
    • C. The broker in charge of the office
    • D. The person who authorises the agent to act on their behalf
  43. 43. What is the agency consequence when a salesperson's licence hangs under Broker A but they negotiate a deal 'on the side' through Broker B?

    • A. A private business matter to be settled between the two brokers
    • B. Unlawful — a salesperson acts only through one employing broker
    • C. Permitted so long as both brokers are informed of it afterwards
    • D. Permitted for commercial transactions though not residential ones
  44. 44. Which claim against an agent requires proving the agent KNEW a statement was false?

    • A. Breach of an express contract term
    • B. Breach of the visual inspection duty
    • C. Negligent misrepresentation of a fact
    • D. Intentional misrepresentation (fraud/deceit)
  45. 45. An undisclosed dual agency is discovered after closing. What is a likely consequence for the broker?

    • A. No consequence once escrow has closed
    • B. A written warning from the Commissioner
    • C. Commission forfeited and damages to both sides
    • D. Commission reduced to the standard rate
  46. 46. A seller signs a 6-month exclusive listing. After 2 months the seller accepts a job transfer and asks to cancel. What governs?

    • A. Listings can never be cancelled before their stated expiry date
    • B. The listing's cancellation terms; the broker may agree or claim damages
    • C. The broker must refund all of the marketing costs already spent
    • D. The seller may cancel freely at any time without any consequence
  47. 47. A broker holds a buyer's deposit while also representing the seller. What is the broker's role as to those funds?

    • A. A trustee holding for the beneficiary
    • B. A creditor of the buyer
    • C. A guarantor of the sale
    • D. The owner of the funds
  48. 48. What must a licensee do before representing a client in a language the client does not read well?

    • A. Ensure the client actually understands
    • B. Rely on the signatures obtained
    • C. Have a relative sign on their behalf
    • D. Decline the representation outright
  49. 49. An income property's value rises while its NOI is unchanged. What happened to the implied capitalisation rate?

    • A. It rose
    • B. It is unchanged
    • C. It became negative
    • D. It fell
  50. 50. A subject has three bedrooms and the comparable has four, with the extra worth $25,000. What is the adjusted comparable price if it sold for $640,000?

    • A. $665,000
    • B. $640,000
    • C. $615,000
    • D. $590,000
  51. 51. A comparable sold with the seller paying unusually large buyer concessions. What adjustment is needed?

    • A. No adjustment, price is price
    • B. An adjustment for conditions of sale
    • C. An adjustment to the subject
    • D. An adjustment for location
  52. 52. A property generates $8,000 monthly gross rent and sells for $1,152,000. What is the monthly GRM?

    • A. 120
    • B. 96
    • C. 12
    • D. 144
  53. 53. A seller's home has a foundation crack repair estimated at $40,000 and comparable homes without the issue sell for $900,000. The seller lists at $895,000. What does the principle of contribution suggest?

    • A. The home is worth $940,000 because repaired foundations add value
    • B. Buyers will likely discount by the cost to cure or more
    • C. The list price is appropriate because the repair is under 5% of value
    • D. The home is worth the full $900,000 because the crack is not visible
  54. 54. An appraiser is asked by the lender to 'hit the number.' What should the appraiser do?

    • A. Comply with the request in order to keep the client
    • B. Decline — appraiser independence rules prohibit value pressure
    • C. Report the lender immediately to the DRE
    • D. Raise the value slightly as a reasonable compromise
  55. 55. An investor's property has an adjusted basis of $500,000 after $150,000 of depreciation. It sells for $900,000. How much of the gain is subject to depreciation recapture?

    • A. $250,000
    • B. $350,000
    • C. $150,000
    • D. $400,000
  56. 56. Which risk does a longer projected holding period most directly add to a discounted cash flow analysis?

    • A. Elimination of the need for a terminal value estimate
    • B. Greater uncertainty in later-year forecasts and the reversion
    • C. A lower present value for the earliest cash flows
    • D. Removal of vacancy assumptions from the model
  57. 57. A building has an estimated useful life of 40 years and cost $400,000. Using straight-line, what is one year of depreciation?

    • A. $8,000
    • B. $10,000
    • C. $16,000
    • D. $40,000
  58. 58. Who is authorised to perform an appraisal for a federally related mortgage transaction?

    • A. The escrow officer
    • B. Any licensed real estate salesperson
    • C. A licensed or certified appraiser
    • D. The lender's loan officer
  59. 59. A property's expected NOI is $96,000. Market cap rates are 6% for low-risk and 8% for high-risk properties. The subject has a single tenant on a short lease. What value range is most defensible?

    • A. Cannot be estimated without the replacement cost
    • B. Toward $1,200,000 — the higher rate reflects the higher risk of the tenancy
    • C. Toward $1,600,000 — the lower rate reflects the simplicity of one tenant
    • D. Exactly $1,400,000 — the midpoint of the two rates
  60. 60. Why might a licensee's CMA differ from an appraiser's value?

    • A. CMAs are more accurate because agents know the market
    • B. CMAs target a listing price with limited data and no USPAP
    • C. They must be identical by law in every transaction
    • D. Appraisers always arrive at higher values than agents
  61. 61. How much gain may a married couple filing jointly exclude on the sale of a principal residence?

    • A. $500,000
    • B. $125,000
    • C. $250,000
    • D. $1,000,000
  62. 62. Two identical buildings: one leased to a national tenant, one to a start-up. Which has the lower cap rate and why?

    • A. The start-up — its shorter lease means a lower rate
    • B. They carry the same rate because the buildings match
    • C. The national tenant — lower risk, investors accept a lower return
    • D. The start-up — the higher rent potential raises value
  63. 63. A structure cost $500,000 new, has an economic life of 50 years, and is 12 years old. What is the accrued depreciation using the age-life method?

    • A. $100,000
    • B. $144,000
    • C. $60,000
    • D. $120,000
  64. 64. A lot's value is $200,000 and the total property value is $800,000. What is the land-to-value ratio?

    • A. 75%
    • B. 400%
    • C. 25%
    • D. 20%
  65. 65. Which approach is most appropriate for valuing a newly built public library with no sales or rental market?

    • A. The income approach
    • B. The sales comparison approach
    • C. The cost approach
    • D. The gross rent multiplier
  66. 66. Which sale would normally be excluded from a set of comparables?

    • A. A sale in the same subdivision
    • B. An arm's length sale last month
    • C. A nearby sale of similar size
    • D. A transfer between family members
  67. 67. Why is external (economic) obsolescence almost always incurable?

    • A. It applies exclusively to owner-occupied homes
    • B. It is created by deferred maintenance choices
    • C. It accrues faster than physical deterioration
    • D. Its cause lies outside the property boundaries
  68. 68. A building's gross income is $240,000 and it sold for $2,040,000. A similar building produces $270,000 gross. Using the GIM, what is its indicated value?

    • A. $2,040,000
    • B. $2,700,000
    • C. $2,295,000
    • D. $2,160,000
  69. 69. Which technique values land by deducting the income attributable to the building first?

    • A. The gross income multiplier method
    • B. The land residual technique
    • C. The building residual technique
    • D. The quantity survey cost method
  70. 70. Which party in a deed of trust is the lender?

    • A. The beneficiary
    • B. The grantor
    • C. The trustee
    • D. The trustor
  71. 71. A borrower pays $6,000 in points to reduce a $400,000 30-year loan's rate from 7% to 6.5%, lowering the payment by about $133/month. If the borrower sells in year 3, did the buydown pay off?

    • A. Yes — points are always recovered at sale through higher equity
    • B. No — points never pay off on any loan held under 10 years
    • C. No — breakeven is about 45 months, longer than the 36-month hold
    • D. Yes — the savings exceeded the cost by the end of year 2
  72. 72. A borrower's loan has a prepayment penalty of 6 months' interest on amounts prepaid over 20% of the balance in a year. The balance is $300,000 at 6%. The borrower pays off $120,000 in year 2. What is the penalty?

    • A. $1,800 — 6 months' interest on the $60,000 prepaid above the 20% allowance
    • B. $9,000 — 6 months' interest on the entire balance
    • C. $3,600 — 6 months' interest on the full $120,000
    • D. $0 — no penalty applies because the loan is being paid down
  73. 73. Which law requires a good faith estimate of settlement costs and prohibits kickbacks for referrals?

    • A. ECOA
    • B. The Unruh Act
    • C. The Holden Act
    • D. RESPA
  74. 74. What is the 'secondary mortgage market'?

    • A. Where existing loans are bought and sold by investors
    • B. Where borrowers apply for second mortgages
    • C. Where mortgage brokers are licensed
    • D. Where foreclosures are auctioned
  75. 75. One loan covers several parcels and allows individual lots to be released as they sell. What is it?

    • A. A blanket loan
    • B. A wraparound loan
    • C. A package loan
    • D. A participation loan
  76. 76. A $300,000 loan at 6% interest-only. What is the annual interest?

    • A. $36,000
    • B. $3,000
    • C. $18,000
    • D. $1,500
  77. 77. A lender chooses judicial foreclosure instead of a trustee's sale. What does the borrower gain?

    • A. An automatic reduction of the loan balance
    • B. Immunity from any deficiency judgment
    • C. A statutory right of redemption after the sale
    • D. A guaranteed extension of the payment term
  78. 78. Which practice does RESPA specifically prohibit between settlement service providers?

    • A. Kickbacks for referrals
    • B. Advertising jointly with disclosure
    • C. Charging for actual services
    • D. Offering discounts openly
  79. 79. A borrower locks a rate for 30 days; closing is delayed to day 35. What typically happens?

    • A. The lock expires; a fee or new rate may apply
    • B. The lender must close at the locked rate
    • C. The rate is guaranteed forever
    • D. The loan is cancelled
  80. 80. Which right does the Truth in Lending Act give a borrower refinancing their principal residence with a new lender?

    • A. A thirty-day cooling-off period
    • B. A three-day right to rescind
    • C. A right to a free appraisal
    • D. A guaranteed rate lock
  81. 81. Which loan feature does California's usury law NOT reach for most real estate loans?

    • A. Loans between private parties are always exempt
    • B. Loans under $100,000 are always exempt
    • C. Loans arranged by a licensed real estate broker are exempt
    • D. Loans secured by junior liens are exempt
  82. 82. Which Federal Reserve tool involves buying and selling government securities?

    • A. Changing the reserve requirement for banks
    • B. Setting the discount rate charged to banks
    • C. Insuring deposits held at member banks
    • D. Open market operations affecting money supply
  83. 83. A borrower receives a loan estimate with a $3,000 origination fee, then the closing disclosure shows $4,500. What rule applies?

    • A. Tolerance rules — certain fees cannot rise without a valid changed circumstance
    • B. Fees are free to change between the estimate and the closing
    • C. The borrower must simply pay the higher amount at closing
    • D. The loan becomes void because the fee increased at all
  84. 84. A decedent's home was bought for $100,000 and is worth $900,000 at death. The heir sells for $920,000. Taxable gain?

    • A. $0
    • B. $20,000
    • C. $900,000
    • D. $820,000
  85. 85. Buyer and seller both demand the deposit and neither will sign a release. What may escrow do?

    • A. File an interpleader and let a court decide
    • B. Hold the funds indefinitely without notice
    • C. Split the funds equally between them
    • D. Pay the party who deposited the funds
  86. 86. A seller's obligations under the purchase contract are generally absorbed at closing. What is that doctrine called?

    • A. Subrogation of the buyer's rights
    • B. Novation of the original agreement
    • C. Merger of the contract into the deed
    • D. Estoppel preventing later denial
  87. 87. Which item normally appears as a debit to the buyer at closing?

    • A. The seller's prorated taxes owed
    • B. The purchase price
    • C. The earnest money deposit
    • D. The seller's loan payoff
  88. 88. When does the escrow holder's agency change from dual to separate?

    • A. At closing, each party's agent for their own items
    • B. Never — escrow remains a dual agent at every stage
    • C. When the buyer's deposit clears the trust account
    • D. When either of the parties hires independent counsel
  89. 89. New construction is completed mid-year. What tax event does that trigger?

    • A. A supplemental assessment from the completion date
    • B. A waiver of taxes until the next fiscal year
    • C. Reassessment of the entire neighbourhood
    • D. A transfer tax on the construction value
  90. 90. A deed names the grantee as 'John Smith, a single man.' What does that vesting indicate?

    • A. Community property
    • B. Joint tenancy
    • C. Tenancy in common
    • D. Sole ownership (severalty)
  91. 91. Which vesting must be shown on a deed for a married couple to hold with survivorship as community property?

    • A. Community property with right of survivorship
    • B. Tenancy in common by halves
    • C. Sole and separate property
    • D. Community property generally
  92. 92. By how much does California's homeowner exemption reduce the assessed value of a principal residence?

    • A. $70,000
    • B. $25,000
    • C. $4,000
    • D. $7,000
  93. 93. A buyer receives an extra tax bill shortly after purchase reflecting the new assessed value. What is it?

    • A. A documentary transfer tax
    • B. A supplemental assessment
    • C. A special assessment district levy
    • D. A delinquent tax penalty
  94. 94. A married seller insists their spouse need not sign the deed to community property. What should escrow require?

    • A. A separate property affidavit from the buyer
    • B. Only the titled spouse's signature and licence
    • C. The listing broker's certification of authority
    • D. Both spouses' signatures for a valid community property conveyance
  95. 95. Which transfer avoids probate entirely?

    • A. Property held as a tenant in common
    • B. Property of an intestate decedent
    • C. Property passing by will
    • D. Property held in joint tenancy passing to the survivor
  96. 96. An advertisement reads 'perfect for a young professional couple.' What is the fair housing concern?

    • A. It is permitted if the unit is small
    • B. Only if rent is above market
    • C. Nothing, as the phrase is merely descriptive
    • D. It may express preference based on familial status and age
  97. 97. What must appear on a licensee's solicitation materials at first point of contact with a consumer?

    • A. The licensee's home address and personal phone
    • B. A copy of the agency disclosure form itself
    • C. The consumer's rights under the recovery account
    • D. Name, licence number, and responsible broker's identity
  98. 98. A seller tells the listing agent the roof was replaced 'two years ago' and produces no receipt. The agent advertises 'new roof.' The roof is twelve years old. Who bears responsibility?

    • A. The seller alone, because the agent was entitled to rely on the owner's statement
    • B. The agent alone, because advertising is entirely the agent's responsibility
    • C. The seller for the false statement and the agent for repeating it without verification
    • D. Neither, because a roof's age is not a material fact to most buyers
  99. 99. Which conduct would most likely support a finding of fraud rather than negligence against a licensee?

    • A. Knowingly stating a false material fact
    • B. Failing to notice a hidden defect
    • C. Missing a contract deadline
    • D. Giving an honest but wrong opinion
  100. 100. Which trust fund record must show the balance for each beneficiary at all times?

    • A. The separate record for each beneficiary or transaction
    • B. The columnar record of all trust funds received
    • C. The bank's monthly account statement alone
    • D. The reconciliation summary filed with the DRE
  101. 101. Which account record does the DRE require a broker to maintain for ALL trust funds received?

    • A. A record kept only for funds exceeding one thousand dollars
    • B. A record kept only for rents, not for sales deposits
    • C. A record kept only when escrow is not used for the deal
    • D. A columnar record of all trust funds received and disbursed
  102. 102. A licensee learns from a neighbour that the listed home flooded twice. The seller denies it. What should the licensee do?

    • A. Rely on the seller's denial
    • B. Ignore hearsay entirely
    • C. Report the neighbour to the Commissioner
    • D. Disclose the information and its source
  103. 103. Which person is exempt from real estate licensing when negotiating the sale of a property?

    • A. A friend who receives a gift for negotiating terms
    • B. An unlicensed assistant discussing price with a buyer
    • C. An attorney acting in the course of a client's legal matter
    • D. A neighbour who is paid a flat fee to find a buyer
  104. 104. An owner of a 30-unit building asks the property manager to screen out applicants 'with kids because of the pool.' What should the manager do?

    • A. Screen out only families whose children are under five years old
    • B. Refuse — familial status is protected; address safety with neutral pool rules
    • C. Comply, since pool safety is a legitimate business reason for the owner
    • D. Comply, but apply the exclusion only to units on the ground floor
  105. 105. A brokerage wants to pay a retired licensee a fee for referrals only. What determines legality?

    • A. Whether the fee stays under a statutory amount
    • B. Whether the referral is made in writing
    • C. Whether the referrer holds a current active licence
    • D. Whether the client consents to the payment
  106. 106. Which statement about the Natural Hazard Disclosure statement is accurate?

    • A. It identifies statutory hazard zones
    • B. It removes the need for a TDS
    • C. It applies only to new homes
    • D. It certifies the property is safe
  107. 107. A broker wishes to operate under a fictitious business name. What is required?

    • A. Fictitious names are prohibited
    • B. The Commissioner must own the name
    • C. Only a county filing is needed
    • D. The name must be approved and shown on the licence
  108. 108. A buyer waives the right to receive the Transfer Disclosure Statement in writing. What is the effect?

    • A. The waiver shortens the delivery period
    • B. The waiver binds the agents only
    • C. The waiver is ineffective for a covered sale
    • D. The waiver removes the seller's duty
  109. 109. A broker intends to collect an advance fee for a marketing programme. What must happen first?

    • A. The fee must be deposited with a title company
    • B. The client must waive any right to a refund
    • C. The materials must be submitted to the Commissioner
    • D. A separate bond must be posted with the county
  110. 110. A broker discovers that a former salesperson, now at another firm, is still using the broker's branded email signature in solicitations. What is the concern?

    • A. A concern only if the former salesperson earns a commission
    • B. No concern, because salespersons may keep their prior branding indefinitely
    • C. Misleading advertising implying an affiliation that no longer exists
    • D. A trademark matter only, outside the reach of the Real Estate Law
  111. 111. A salesperson is hired as an 'employee' with a salary. What supervision applies compared with an independent contractor?

    • A. The same — the broker's supervisory duty does not depend on tax status
    • B. More supervision is required only for contractors
    • C. No supervision is needed for salaried employees
    • D. Less supervision, since employees follow HR policies
  112. 112. What must a broker do with a property management agreement's trust funds when the owner terminates the arrangement?

    • A. Transfer them to the new manager directly
    • B. Account for and deliver the balance to the owner
    • C. Hold them for one year
    • D. Retain them against future fees
  113. 113. A salesperson's licence is held by Broker A. The salesperson wants to work weekends for Broker B. What is required?

    • A. Permitted if both brokers sign a written sharing agreement
    • B. Not permitted — a salesperson has only one employing broker at a time
    • C. Permitted for rentals only, not for sales transactions
    • D. Permitted if the salesperson notifies the DRE in writing
  114. 114. A broker's trust account holds client funds. How much of the broker's own money may sit in that account to cover bank service charges?

    • A. Half of one month's charges
    • B. No amount whatsoever
    • C. A limited sum set by regulation
    • D. Ten percent of the balance
  115. 115. A licensee's licence is revoked. When may they generally apply for reinstatement?

    • A. Never, revocation is permanent
    • B. After the period the Commissioner sets
    • C. Only after ten years
    • D. Immediately upon revocation
  116. 116. Which time limit applies to a buyer's TDS-based right to terminate after in-person delivery?

    • A. Seven days
    • B. Three days
    • C. Five days
    • D. Ten days
  117. 117. A licensee wishes to pay a finder's fee to a past client who referred a buyer. What is the safest position?

    • A. Avoid it, as unlicensed activity may be compensated
    • B. Pay only if under a small amount
    • C. Pay through escrow to be transparent
    • D. Pay it freely, referrals are exempt
  118. 118. A property was used as a methamphetamine laboratory and remains under a health order. What follows for the seller?

    • A. Only the local authority may market the property
    • B. The property may not be sold until it is demolished
    • C. The order must be disclosed to any prospective buyer
    • D. The listing must be withdrawn for one full year
  119. 119. How many hours of continuing education does a California licensee complete for renewal?

    • A. Twelve
    • B. Sixty
    • C. Forty-five
    • D. Thirty
  120. 120. An owner instructs the property manager to refuse applicants receiving housing assistance. How should the manager respond?

    • A. Decline, as source of income is protected
    • B. Ask the applicants to reapply later
    • C. Comply, as owners set criteria
    • D. Comply only for smaller buildings
  121. 121. A listed home lies within a state responsibility area for wildfire. What does the seller disclose?

    • A. The date of the most recent roof replacement work
    • B. The annual cost of the current fire insurance policy
    • C. The distance to the nearest staffed fire station
    • D. Compliance with defensible space clearance requirements
  122. 122. An hoarding tenant's unit becomes a health hazard affecting neighbours. What is the property manager's proper course?

    • A. Written notice to cure, then lawful remedies if uncorrected
    • B. Immediate lockout to protect the other tenants
    • C. Rent withholding until the unit is cleaned
    • D. Disposal of the tenant's belongings after 24 hours
  123. 123. A team of two salespersons shares compensation on a deal they co-listed under the same broker. How is the split handled?

    • A. By direct payment between the two salespersons
    • B. By the MLS according to its posted rules
    • C. Through the employing broker under their written agreements
    • D. Through the escrow holder at closing
  124. 124. A lender declines applications from one neighbourhood regardless of individual creditworthiness. What is the term for this?

    • A. Steering
    • B. Churning
    • C. Redlining
    • D. Blockbusting
  125. 125. A distressed homeowner is asked to prepay a licensee for a loan modification service. What is the position?

    • A. It is permitted once the agreement is put in writing
    • B. It is permitted where the fee is held in a trust account
    • C. Collecting an advance fee for that service is prohibited
    • D. It is permitted with the current lender written consent
  126. 126. A broker delegates review of contracts to an unlicensed office manager. What is the problem?

    • A. Document review is a broker duty that may be delegated only to a licensee
    • B. No problem — any competent employee may review contracts
    • C. The manager must simply be bonded to review documents
    • D. Only the DRE may review contracts for compliance
  127. 127. A licensee allows the licence to expire. What is the position during the two-year late renewal window?

    • A. The licence converts into a restricted licence
    • B. No licensed activity is permitted until renewal completes
    • C. A temporary permit issues automatically on request
    • D. Activity may continue while the fee remains outstanding
  128. 128. A seller refuses to complete the TDS and instructs the agent to tell buyers 'as-is'. What must the agent do?

    • A. Complete the TDS form on the seller's behalf instead
    • B. Comply with the seller, since as-is sales are fully exempt
    • C. Withdraw from the listing immediately without discussion
    • D. Explain the TDS is mandatory and cannot be waived by the seller
  129. 129. A licensee's personal website shows listings but no licence number anywhere. What does California require?

    • A. Nothing, since websites are exempt from number display
    • B. The licence number on the site's first point of contact pages
    • C. Only the broker's phone number, not any licence number
    • D. The number only on printed materials, never online
  130. 130. A licensee posts a client's confidential financial details in a public online forum seeking advice. Which duty is breached?

    • A. Accounting
    • B. Confidentiality
    • C. Obedience
    • D. Care
  131. 131. A buyer asks the listing agent to recommend a lender. The agent's brokerage owns a mortgage company. What must the agent do when recommending it?

    • A. Give the written affiliated-business disclosure and say other lenders may be used
    • B. Require the buyer to use the affiliate as a condition of the offer
    • C. Recommend the affiliate without comment since affiliates are common
    • D. Recommend only outside lenders because affiliates may never be named
  132. 132. What must be disclosed about a property adjacent to farmland in many California counties?

    • A. The pesticide brand used next door
    • B. A right-to-farm or agricultural operations notice
    • C. The crop yield of the neighbouring farm
    • D. Nothing unless livestock is present
  133. 133. A buyer signs an offer but dies before the seller accepts. What happens to the offer?

    • A. It stays open for thirty days
    • B. The buyer's agent may accept for them
    • C. It is revoked by operation of law
    • D. The estate must complete the purchase
  134. 134. A lease says rent is due on the 1st with a 5-day grace period. On the 7th, what may the landlord serve?

    • A. A 60-day notice
    • B. An unlawful detainer complaint immediately
    • C. A 30-day notice to vacate
    • D. A three-day notice to pay or quit
  135. 135. A landlord's failure to repair makes the unit uninhabitable and the tenant leaves. What has occurred?

    • A. Surrender by agreement
    • B. Abandonment
    • C. Actual eviction
    • D. Constructive eviction
  136. 136. Which landlord action is prohibited self-help in California?

    • A. Changing the locks to force a tenant out
    • B. Sending a rent reminder
    • C. Serving a three-day notice
    • D. Filing an unlawful detainer
  137. 137. An option to purchase is recorded. The optionor sells to a third party during the option period. What is the result?

    • A. The optionee loses all rights under the option contract
    • B. The third party takes title subject to the recorded option
    • C. The option is extinguished by the sale to the third party
    • D. The sale to the third party is void from the outset
  138. 138. What distinguishes a novation from an assignment?

    • A. A novation must be recorded
    • B. An assignment needs court approval
    • C. An assignment requires consideration
    • D. A novation releases the original party
  139. 139. A landlord and tenant agreed orally to a nine-month lease. The tenant leaves after three months and the landlord sues thirty months later. What is the likely result?

    • A. Allowed — oral leases carry a four-year limitation period
    • B. Allowed — lease claims have no limitation period at all
    • C. Barred — oral leases are unenforceable from the start
    • D. Barred — the two-year limit for oral contracts has passed
  140. 140. What does a 'time is of the essence' clause make of a one-day delay in tendering closing funds?

    • A. A permissible grace period of up to ten days
    • B. A potential material breach rather than a trivial one
    • C. A matter escrow may excuse without the parties
    • D. An automatic extension for weekend closings
  141. 141. Which requirement applies for a liquidated damages clause to bind in a residential purchase?

    • A. Court approval before escrow may close
    • B. Separate signature or initials by both parties on the provision
    • C. Notarisation of the entire purchase agreement
    • D. A deposit of at least ten percent held in escrow
  142. 142. Which clause states that the written document contains the parties' entire agreement?

    • A. An acceleration clause
    • B. A severability clause
    • C. An integration clause
    • D. A subordination clause
  143. 143. Which contract is enforceable despite no writing?

    • A. A lease for eleven months
    • B. A listing agreement for a house
    • C. A two-year commercial lease
    • D. A sale of a vacant lot
  144. 144. A seller and buyer agree to extend closing by 10 days but never sign an extension. Closing day passes. What is the position?

    • A. The oral extension is fully binding on both of the parties
    • B. The escrow holder decides whether the extension is valid
    • C. The contract automatically extends for a reasonable period
    • D. Either may be in breach — oral extensions are risky; the writing controls
  145. 145. A tenant assigns the lease with landlord consent and the assignee defaults. Who is liable?

    • A. No one, since consent was given
    • B. The original tenant remains liable unless released
    • C. Only the assignee
    • D. Only the landlord
  146. 146. A buyer makes an offer with a 3 p.m. Friday expiration. The seller signs at 2 p.m. Friday but the listing agent does not deliver the acceptance to the buyer's agent until Saturday. Is there a contract?

    • A. No — acceptance must be communicated before the offer expires, and delivery came too late
    • B. No — because acceptances must be delivered on a business day
    • C. Yes — the seller signed before the deadline, which is all that is required
    • D. Yes — because the delay was the listing agent's fault rather than the seller's
  147. 147. A purchase agreement provides that the buyer's deposit is retained if the buyer defaults. What is that clause?

    • A. A liquidated damages provision
    • B. A penalty clause, always void
    • C. A specific performance clause
    • D. An arbitration provision
  148. 148. A contract for an illegal purpose is best described as which of these?

    • A. Voidable by either party
    • B. Valid until challenged
    • C. Enforceable if performed
    • D. Void and unenforceable
  149. 149. A buyer transfers contract rights to a friend but stays liable if the friend defaults. What has occurred?

    • A. A novation of the contract
    • B. An assignment of the contract
    • C. An accord and satisfaction
    • D. A rescission by agreement
  150. 150. Which agreement must be in writing to be enforceable under the statute of frauds?

    • A. An agreement to sell real property
    • B. A one-month equipment hire
    • C. A month-to-month residential tenancy
    • D. An oral agreement to paint a fence

Answer key

1. D 2. A 3. A 4. C 5. C 6. C 7. A 8. D 9. A 10. C 11. B 12. B 13. C 14. B 15. C 16. C 17. C 18. A 19. D 20. B 21. B 22. D 23. B 24. B 25. B 26. D 27. A 28. C 29. C 30. A 31. A 32. B 33. A 34. D 35. A 36. C 37. D 38. B 39. D 40. D 41. C 42. D 43. B 44. D 45. C 46. B 47. A 48. A 49. D 50. C 51. B 52. D 53. B 54. B 55. C 56. B 57. B 58. C 59. B 60. B 61. A 62. C 63. D 64. C 65. C 66. D 67. D 68. C 69. B 70. A 71. C 72. A 73. D 74. A 75. A 76. C 77. C 78. A 79. A 80. B 81. C 82. D 83. A 84. B 85. A 86. C 87. B 88. A 89. A 90. D 91. A 92. D 93. B 94. D 95. D 96. D 97. D 98. C 99. A 100. A 101. D 102. D 103. C 104. B 105. C 106. A 107. D 108. C 109. C 110. C 111. A 112. B 113. B 114. C 115. B 116. B 117. A 118. C 119. C 120. A 121. D 122. A 123. C 124. C 125. C 126. A 127. B 128. D 129. B 130. B 131. A 132. B 133. C 134. D 135. D 136. A 137. B 138. D 139. D 140. B 141. B 142. C 143. A 144. D 145. B 146. A 147. A 148. D 149. B 150. A

Explanations

  1. 1. D A judgment lien is general, reaching the debtor's property in the county. Mechanic's, tax and trust deed liens are specific to a parcel.
  2. 2. A Space rental in a mobile home park is governed by the Mobilehome Residency Law rather than ordinary landlord-tenant rules.
  3. 3. A Pre-existing lawful uses that no longer conform are 'grandfathered' as legal nonconforming.
  4. 4. C Radon is a naturally occurring gas that enters through foundations and is measured by testing rather than by inspection.
  5. 5. C Covenants under a common plan are mutually enforceable by the benefited owners in the tract.
  6. 6. C Where owners have long accepted a line as the boundary in the face of uncertainty, courts may fix it by the agreed boundary doctrine.
  7. 7. A CUPs authorise listed conditional uses subject to conditions; variances relieve hardship from standards.
  8. 8. D Conservation easements are perpetual recorded interests that bind successors.
  9. 9. A The Solar Rights Act voids unreasonable HOA prohibitions on solar energy systems.
  10. 10. C An easement may not be expanded beyond its scope; excessive use burdens the servient owner.
  11. 11. B Judgment, tax, and mechanic's liens are involuntary; mortgages and trust deeds are voluntary.
  12. 12. B Severance by a common owner that leaves a parcel landlocked creates an easement by necessity.
  13. 13. C Federal law requires disclosure of known lead-based paint and delivery of the approved pamphlet for housing built before 1978.
  14. 14. B Eminent domain is the taking power, exercised through condemnation, and it requires just compensation.
  15. 15. C Co-op residents own shares and a lease; condo and PUD owners hold fee interests.
  16. 16. C A profit is the right to enter another's land and take a resource, distinct from an easement which grants use rather than extraction.
  17. 17. C A variance requires hardship arising from the property itself, not from the owner's preferences or economics.
  18. 18. A Joint tenancy requires all four unities; without them the vesting defaults toward tenancy in common.
  19. 19. D Significant effects trigger an EIR; a negative declaration suffices only when no significant effect is found.
  20. 20. B Zoning must be consistent with the general plan and follow noticed public hearing procedures.
  21. 21. B Appropriative rights follow first in time, first in right, based on beneficial use and a permit, rather than on land position.
  22. 22. D Property acquired with separate funds by gift or inheritance keeps its separate character if traceable.
  23. 23. B Neither revealing nor misstating the seller's position is permitted; decline to characterise.
  24. 24. B Net listings are lawful but disfavoured; the broker must disclose the amount of compensation before acceptance.
  25. 25. B A licensee must deliver a copy of any agreement to the person signing it at the time the signature is secured.
  26. 26. D Ratification occurs when the principal, knowing the facts, adopts an act done without authority.
  27. 27. A Ongoing authority across a continuing series of transactions makes a property manager a general agent, unlike the single-transaction special agency of a listing.
  28. 28. C Diligent representation includes timely handling of time-sensitive communications.
  29. 29. C Silence or deliberation is neither acceptance nor rejection; the offer remains open until one of the terminating events occurs.
  30. 30. A A seller's agent owes no confidentiality to the buyer; information benefiting the principal may be relayed.
  31. 31. A That phrase states the fiduciary duty to the principal; third parties are owed honesty and fair dealing, not loyalty.
  32. 32. B A licensee acting as a principal must disclose their licence status to the other party.
  33. 33. A A real estate licensee is normally a special agent, authorised for one transaction, rather than a general agent managing ongoing affairs.
  34. 34. D Listings belong to the broker whatever name is signed. A salesperson cannot hold an agency in their own right.
  35. 35. A Buyer letters revealing protected characteristics can taint the seller's decision; many brokerages discourage them.
  36. 36. C California law explicitly separates compensation from representation.
  37. 37. D Producing a full-price, able buyer generally earns the fee even if the seller refuses — and a discriminatory refusal adds separate liability.
  38. 38. B Obedience requires following lawful instructions. The agent may advise against it, but the decision belongs to the client.
  39. 39. D Taking an undisclosed benefit arising from the agency is a secret profit and breaches the duty of loyalty. Disclosure and consent are required beforehand.
  40. 40. D Exclusive agreements — listings or buyer representation — must contain a definite end date.
  41. 41. C Estoppel prevents a principal from denying an agency their own conduct suggested.
  42. 42. D The principal is the party the agent represents.
  43. 43. B A salesperson has exactly one employing broker; acting through another is unlicensed conduct for both salesperson and the accepting broker.
  44. 44. D Deceit requires knowledge of falsity or reckless disregard; negligent misrepresentation needs only an unreasonable belief in truth.
  45. 45. C Acting for both sides without informed written consent is a breach of loyalty. Courts commonly order forfeiture of commission alongside damages and discipline.
  46. 46. B A listing is a contract; early termination follows its terms or mutual agreement.
  47. 47. A Deposit money is trust funds held for whoever is entitled to it. The broker's agency role does not change that duty.
  48. 48. A Informed consent requires actual understanding, and California requires a translated copy of certain agreements negotiated primarily in another language.
  49. 49. D Rate = income ÷ value; with income fixed and value up, the rate must fall.
  50. 50. C The comparable is superior, so it is adjusted downward by $25,000 to $615,000.
  51. 51. B Atypical concessions distort the effective price, so a conditions-of-sale adjustment restores comparability.
  52. 52. D 1,152,000 ÷ 8,000 = 144.
  53. 53. B A curable defect reduces value at least by its cost to cure.
  54. 54. B Influencing appraisal value violates independence requirements and USPAP ethics.
  55. 55. C Depreciation previously taken ($150,000) is recaptured; the remaining gain is capital gain.
  56. 56. B Distant projections and the resale estimate carry compounding forecast risk.
  57. 57. B Straight-line depreciation divides cost by useful life. Dividing $400,000 by 40 gives $10,000 a year.
  58. 58. C Federally related transactions require an appraisal by a licensed or certified appraiser, which a real estate licence alone does not authorise.
  59. 59. B Higher risk demands a higher cap rate: 96,000 / 0.08 = 1,200,000.
  60. 60. B A CMA is a marketing tool estimating likely sale price; an appraisal is a formal opinion of value under standards.
  61. 61. A A qualifying couple may exclude up to $500,000, and a single filer up to $250,000, having owned and occupied two of five years.
  62. 62. C Cap rates rise with risk; credit tenants lower risk and rate.
  63. 63. D Annual depreciation is $500,000 divided by 50, or $10,000. Over 12 years that is $120,000.
  64. 64. C 200,000 ÷ 800,000 = 25%.
  65. 65. C Special-purpose properties with no comparable sales or income stream are best valued by the cost approach.
  66. 66. D Comparables must be arm's length. A sale between related parties may not reflect market value.
  67. 67. D The owner cannot fix what originates off-site — a freeway, oversupply, or neighbourhood decline.
  68. 68. C GIM = 2,040,000 / 240,000 = 8.5; 270,000 x 8.5 = 2,295,000.
  69. 69. B The land residual technique assigns the building its required return, then capitalises the income left over into land value.
  70. 70. A Trustor = borrower, beneficiary = lender, trustee = neutral third party.
  71. 71. C 6,000 / 133 = 45 months; selling at 36 months means the points were not fully recovered.
  72. 72. A Excess over 20% of 300,000 (60,000) is 60,000; 60,000 x 0.06 / 2 = 1,800.
  73. 73. D The Real Estate Settlement Procedures Act governs settlement cost disclosure and prohibits kickbacks or unearned fees for referrals.
  74. 74. A The secondary market provides liquidity by purchasing originated loans.
  75. 75. A A blanket loan covers more than one parcel and typically contains a release clause so individual parcels can be freed as sold.
  76. 76. C 300,000 × 0.06 = 18,000 per year.
  77. 77. C Judicial foreclosure preserves a post-sale redemption right for the borrower, which a trustee's sale does not.
  78. 78. A RESPA bars unearned fees and kickbacks for referrals, while payment for services actually performed remains lawful.
  79. 79. A Locks are time-limited; extensions usually cost money.
  80. 80. B Certain refinances of a principal residence carry a three-business-day right of rescission. Purchase-money loans do not.
  81. 81. C The broker-arranged exemption is why hard money lending routes through licensees; private unarranged loans face the cap.
  82. 82. D Open market operations expand or contract the money supply, indirectly moving mortgage rates.
  83. 83. A TRID tolerance limits increases in lender-controlled fees.
  84. 84. B Stepped-up basis to 900,000; gain = 920,000 − 900,000.
  85. 85. A Interpleader lets the stakeholder deposit disputed funds with the court and withdraw from the dispute.
  86. 86. C On delivery of the deed the contract generally merges into it, though fraud and collateral promises can survive.
  87. 87. B The purchase price is what the buyer owes, so it is a debit to the buyer and a credit to the seller.
  88. 88. A During escrow the holder is a limited dual agent; on close it becomes separate agent of each party for delivery.
  89. 89. A Completed new construction triggers reassessment of the addition and a prorated supplemental bill.
  90. 90. D A single individual takes title in severalty.
  91. 91. A The survivorship feature must be expressly stated. Community property alone passes by will or succession rather than automatically.
  92. 92. D The homeowner exemption removes $7,000 of assessed value for an owner-occupied principal residence.
  93. 93. B A supplemental assessment bills the difference between the old and new assessed values for the remainder of the tax year.
  94. 94. D Both spouses must join in conveying or encumbering community real property; one signature is voidable by the other spouse.
  95. 95. D Survivorship transfers by operation of law outside probate.
  96. 96. D Language signalling preferences for household type or age can violate fair housing advertising rules.
  97. 97. D First-contact materials must carry the licensee's name, number, and the identity of the employing broker.
  98. 98. C Agents who repeat unverified claims as fact share liability for the misrepresentation.
  99. 99. A Fraud requires knowledge of falsity and intent to induce reliance. An honest mistake is negligence at most.
  100. 100. A A separate record per beneficiary shows each person's balance, which reconciliation compares against the control record.
  101. 101. D The control record of all trust funds received and paid out is required regardless of amount.
  102. 102. D Information suggesting a material defect must be disclosed even where the seller disputes it. The licensee discloses what is known and where it came from rather than adjudicating it.
  103. 103. C Attorneys acting within their practice, trustees, and owners dealing with their own property are exempt; paid finders are not.
  104. 104. B Familial status discrimination is unlawful; legitimate safety concerns are addressed through neutral rules.
  105. 105. C Compensation for licensed activity, including referrals of real estate business, may be paid only to actively licensed persons.
  106. 106. A The NHD statement discloses whether the property sits within designated statutory hazard zones such as flood, fire or seismic areas. It makes no promise of safety.
  107. 107. D A fictitious business name used for licensed activity must be reported to and reflected by the Department, not merely filed locally.
  108. 108. C The TDS requirement for covered residential sales cannot be waived, so an attempted waiver does not excuse delivery.
  109. 109. C Advance fee agreements and accompanying materials must be filed with the Commissioner before use, and the funds are trust funds.
  110. 110. C Advertising must accurately identify the responsible broker; stale affiliations mislead.
  111. 111. A Tax classification never reduces the broker's statutory duty to supervise licensed activity.
  112. 112. B On termination the broker must render a full accounting and deliver funds to whoever is entitled, less only agreed and earned fees.
  113. 113. B A salesperson may be licensed under only one broker; working for another is unlicensed activity.
  114. 114. C A broker may keep a limited amount of personal funds in a trust account solely to cover bank service charges. Anything beyond that is commingling.
  115. 115. B Revocation is not always permanent. Reinstatement may be sought after the period the Commissioner sets, with the burden on the applicant.
  116. 116. B In-person delivery gives three days; delivery by mail gives five.
  117. 117. A Compensation for acts requiring a licence is prohibited, and a bare introduction can shade into licensed activity depending on what the person did.
  118. 118. C A pending order prohibiting occupancy for contamination must be given to a prospective buyer, who may cancel if it is not.
  119. 119. C Renewal requires 45 clock hours of approved continuing education within the renewal period.
  120. 120. A California protects source of income, so refusing an applicant because assistance forms part of their income is unlawful discrimination.
  121. 121. D Sellers in state responsibility areas must disclose defensible space compliance and provide documentation of it.
  122. 122. A The manager must proceed through proper notice and legal process; self-help evictions and lockouts are unlawful.
  123. 123. C All compensation flows through the employing broker, who pays each salesperson per their employment agreements.
  124. 124. C Refusing to lend in a geographic area irrespective of the applicant's own qualifications is redlining.
  125. 125. C California prohibits collecting compensation in advance for residential loan modification or forbearance services.
  126. 126. A Supervisory review of transaction documents must be done by the broker or a delegated licensee meeting experience requirements.
  127. 127. B A licence may be renewed late for two years with a penalty fee, but no licensed activity may be conducted while it is expired.
  128. 128. D An as-is clause does not excuse the TDS; the agent must explain the requirement and its own inspection duty remains.
  129. 129. B Licence numbers must appear on solicitation materials including websites, alongside the responsible broker's identity.
  130. 130. B Client financial information is confidential regardless of the licensee's purpose in sharing it, and anonymity does not cure the breach.
  131. 131. A RESPA requires an affiliated business arrangement disclosure and prohibits requiring the use of the affiliate.
  132. 132. B Right-to-farm notices warn buyers that agricultural operations can bring noise, dust and odours.
  133. 133. C The death or incapacity of the offeror before acceptance terminates the offer by operation of law.
  134. 134. D After default, the first step is the three-day notice; unlawful detainer follows if unpaid.
  135. 135. D Constructive eviction occurs where the landlord's breach makes the premises unusable and the tenant vacates as a result.
  136. 136. A Lockouts, utility shutoffs, and removing doors are unlawful; eviction requires court process.
  137. 137. B Recording gives notice; purchasers take subject to recorded interests.
  138. 138. D A novation substitutes a new obligation or party with the creditor's consent and discharges the original party, which an assignment does not do.
  139. 139. D A nine-month lease is enforceable orally, but claims on oral contracts must be brought within two years.
  140. 140. B The clause elevates deadlines to material terms, so even short delays can constitute breach.
  141. 141. B The clause must be separately signed or initialled in the statutory format to be enforceable.
  142. 142. C An integration or merger clause confirms the writing is complete, reinforcing the parol evidence rule.
  143. 143. A Leases of one year or less fall outside the statute of frauds.
  144. 144. D Modifications should be in writing; relying on oral extensions invites dispute.
  145. 145. B Assignment transfers the interest but not the original tenant's liability without a novation/release.
  146. 146. A Acceptance is effective on communication to the offeror; signing alone is insufficient.
  147. 147. A A clause fixing damages in advance is a liquidated damages provision, enforceable where the amount is a reasonable pre-estimate rather than a penalty.
  148. 148. D A contract with an unlawful object is void from the outset and cannot be enforced by either party.
  149. 149. B An assignment transfers rights but leaves the assignor liable. A novation substitutes a new party and releases the original.
  150. 150. A Agreements for the sale of real property, and agreements to pay compensation for such a sale, must be in writing to be enforceable.