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質問 # 73
What principle states that the value of the best home in a neighborhood will be lowered by the existence of inferior homes?
- A. Regression
- B. Contribution
- C. Anticipation
- D. Progression
正解:A
解説:
ThePrinciple of Regressionin real estate appraisal dictates that the value of a higher-quality property is negatively impacted by surrounding inferior properties. In simple terms, even a well-maintained, high-end home can lose value if it's located among less desirable homes. PrepAgent explains:
"The principle of regression states that the value of a more expensive property will decrease when less expensive properties come into the area." This clearly matches the definition and corresponds exactly to optionD.
質問 # 74
A provision in a contract that makes the parties' rights and obligations dependent on the occurrence or nonoccurrence of a specified event is a(n):
- A. amendment
- B. stipulation
- C. contingency
- D. option
正解:C
解説:
A contingency is a clause in a contract that makes the agreement dependent upon a certain event or action occurring before the contract becomes fully binding. Common examples include financing, appraisal, or home inspection contingencies. An amendment modifies an existing contract, an option gives a party the right but not the obligation to act, and a stipulation may refer to a general condition but not necessarily a legal contingency. Therefore, the correct answer is B.
質問 # 75
According to the North Carolina Real Estate Commission Rules, a broker must deliver a copy of any signed purchase agreement to their client or customer within ____ of receipt.
- A. 3 days
- B. 4 days
- C. 2 days
- D. 24 hours
正解:D
解説:
NCREC rules require that brokers deliver a copy of any executed (signed) document to all parties within 3 calendar days. However, a stricter rule applies to offers and contracts: any signed agency agreement or sales contract must be delivered within 3 days, and any executed offer must be delivered "immediately, but in no case later than 3 days." Best practice-and NCREC recommendation-is within 24 hours. Therefore, the most accurate and safe answer is A.
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質問 # 76
A seller sold their house for $600,000. They are responsible for paying a 6% commission to the listing broker, closing costs of $8,500, and the remaining balance on their prior mortgage loan of $60,000. How much will they net on the sale?
- A. $531,500
- B. $495,500
- C. $499,610
- D. $564,000
正解:B
解説:
Total sale price = $600,000
Commission = $600,000 × 0.06 = $36,000
Total deductions = $36,000 (commission) + $8,500 (closing costs) + $60,000 (loan payoff) = $104,500 Net proceeds = $600,000 - $104,500 = $495,500 Correct answer: B
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質問 # 77
On a settlement statement, the seller's net proceeds are calculated by:
- A. subtracting the seller's debits from the buyer's debits.
- B. subtracting the buyer's credits from the seller's credits.
- C. subtracting the seller's debits from the seller's credits.
- D. subtracting closing costs from the purchase price.
正解:C
解説:
The seller's net proceeds are the total credits due to the seller (such as the sale price) minus all debits (such as mortgage payoff, commissions, taxes, and other closing costs). Therefore, the formula is:
Net Proceeds = Seller's Credits # Seller's Debits.
Correct answer: D.
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質問 # 78
A seller tells their listing broker that the basement leaks in heavy rains but marks "No Representation" to the relevant question on the North Carolina Real Estate Commission's Residential Property and Owners' Association Disclosure Statement (RPOADS). The listing broker must:
- A. protect the interests of their client and keep the information confidential.
- B. inform the local building commission.
- C. inform the buyer that the basement leaks during heavy rains.
- D. complete a new property disclosure statement themself.
正解:C
解説:
According to NCREC rules, even when a seller selects "No Representation" on the RPOADS, the listing broker is obligated to disclose any material facts they know about the property to prospective buyers. A leaking basement is considered a material fact, and withholding that information would be a violation of license law and Commission rules. Therefore, the listing agent must disclose the leak to the buyer.
Reference:
NCREC Residential Property Disclosure Act Guidance
NCREC License Law and Rule Comments (Disclosure of Material Facts)
North Carolina General Statutes § 47E-4
質問 # 79
In North Carolina, which lien has the highest priority when property is sold to recover a debt?
- A. Judgment lien
- B. Whichever lien was recorded first
- C. Mortgage lien
- D. Ad valorem property tax lien
正解:D
解説:
In North Carolina, and in most states, ad valorem (real estate) property tax liens have "superior lien" status.
They take precedence over all other liens, regardless of recording date. This includes mortgage liens and judgment liens. Therefore, even if a mortgage was recorded first, a property tax lien takes priority. Correct answer: A.
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質問 # 80
Which of these activities is prohibited by federal antitrust laws?
- A. Price gouging
- B. Providing legal advice
- C. Price-fixing
- D. Racial discrimination
正解:C
解説:
Federal antitrust laws, including the Sherman Antitrust Act, prohibit activities that restrict fair competition.
One of the key prohibited practices is price-fixing-an agreement among competitors to set commission rates or pricing, which violates the requirement for competitive, independent business conduct. Price gouging is related to consumer protection during emergencies, and racial discrimination falls under fair housing law, not antitrust. Providing legal advice is a separate licensing concern. Therefore, A is correct.
質問 # 81
A North Carolina broker may be subject to disciplinary action for failing to deliver to their client a detailed and accurate closing statement. What obligation does the broker have if the settlement statement will be prepared by a settlement agent and provided at closing?
- A. Review the statement for accuracy and notify all parties to the closing of any errors
- B. Have the statement notarized and recorded at the office of the register of deeds
- C. Ensure that the statement is signed by both the buyer and the seller
- D. Ensure that the statement is delivered to the client at least three days before closing
正解:A
解説:
North Carolina license law requires brokers to ensure their client receives a detailed closing statement. Even if the attorney or settlement agent prepares the statement, the broker must review it for accuracy and notify all parties of any errors. Failure to do so may result in disciplinary action.
質問 # 82
After taking a listing on a property, a broker learns of major highway changes in the area. The broker should disclose this information:
- A. as a material fact to all transactional parties but only if the changes will be completed within a year.
- B. to the buyer but only if the seller agrees to the disclosure.
- C. to the buyer but only if the buyer asks about it.
- D. as a material fact to all transactional parties.
正解:D
解説:
North Carolina brokers are obligated to disclose all material facts to all parties in a transaction, regardless of representation. Planned infrastructure changes such as highway expansions may affect property value or desirability and are therefore material facts. The duty to disclose is not conditional on the buyer's inquiry or seller's permission. So the correct answer is C.
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質問 # 83
It would be considered the unauthorized practice of law for a North Carolina real estate broker to:
- A. draft an addendum to an offer if there are any special contract provisions.
- B. refer a client to an attorney to draft an addendum if there are special contract provisions.
- C. modify an electronically generated preprinted form by marking a change requested by a client.
- D. complete a preprinted offer or sales contract form that has been drafted by an attorney.
正解:A
解説:
North Carolina brokers are permitted to complete preprinted, attorney-approved forms (like Standard Form 2- T) and make handwritten changes at the direction of clients. However, they may not draft legal language or new provisions-doing so constitutes the unauthorized practice of law. Brokers must refer clients to an attorney when custom provisions or legal interpretations are needed. Therefore, the correct answer is B.
質問 # 84
Under the North Carolina Timeshare Act, a timeshare developer must allow a buyer to cancel a purchase contract without penalty for how long after signing the contract?
- A. 5 days
- B. 3 days
- C. Under the law, there is no right of cancellation
- D. 10 days
正解:A
解説:
According to the North Carolina Timeshare Act, a purchaser of a timeshare has the right to cancel the purchase without penalty within five (5) calendar days after execution of the contract. This right of rescission is non-waivable and must be disclosed in the contract. The cancellation does not require a reason and must be honored fully. Therefore, the correct answer is B.
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質問 # 85
A lease with a simple exchange of rent for occupancy, under which the tenant pays none of the costs of ownership, is known as a(n):
- A. net lease
- B. percentage lease
- C. gross lease
- D. graduated lease
正解:C
解説:
In a gross lease, the tenant pays a fixed rent amount, and the landlord is responsible for property taxes, insurance, and maintenance costs. This type of lease is common in residential rentals and contrasts with a net lease, where the tenant pays some or all ownership costs. A graduated lease involves rent increases at intervals, and a percentage lease involves paying rent based on the tenant's gross business income. Therefore, the correct answer is B, gross lease.
質問 # 86
What are the four elements of value that must exist in harmony to maximize the value of real property?
- A. Right of use, enjoyment, exclusivity, and disposal
- B. Uniqueness, immobility, indestructibility, and demand
- C. Demand, utility, scarcity, and transferability
- D. Immobility, scarcity, transferability, and demand
正解:C
解説:
The four economic characteristics necessary for real property to have value are:
Demand: There must be a desire or need for the property.
Utility: The property must serve a purpose or satisfy a need.
Scarcity: There must be a limited supply of similar properties.
Transferability: The ownership rights must be transferable from one party to another.
These four components form the acronym DUST and are foundational in property valuation. The correct answer is A.
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質問 # 87
In North Carolina, if a listing broker is tempted to disclose the terms of an offer to get another buyer to submit a higher offer, what must the broker do?
- A. Obtain permission to disclose the terms of the offer from the seller only
- B. Disclose all offers to all competing buyers because the existence of multiple offers is a material fact
- C. Only disclose the highest or best offer
- D. Obtain express authority to disclose the terms of the offer from the offering party
正解:D
解説:
In North Carolina, a broker may not disclose the price or terms of one buyer's offer to another party without the express permission of the party who made the offer. This ensures fair dealing and prevents misuse of confidential offer terms. While a seller can instruct a broker to disclose that there are multiple offers, the details (like price, due diligence fee, etc.) require written consent from the offeror. Therefore, the correct answer is B.
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質問 # 88
A Baptist charity runs a not-for-profit senior housing community for members of its faith. A 75-year-old Hindu woman applies to lease an apartment, and her application is denied. Does she have a case for illegal discrimination under the federal Fair Housing Act?
- A. Yes, this is illegal because it involves religious discrimination.
- B. Yes, this is illegal because there are no exemptions for protected classes.
- C. No, this is legal because the Fair Housing Act does not address religious discrimination.
- D. No, this is legal because religious organizations can restrict tenancy based on religion only.
正解:D
解説:
Under the federal Fair Housing Act, religious organizations may limit occupancy of their non-profit housing to persons of the same religion, provided the property is not operated commercially and there is no discrimination based on race, color, or national origin. Thus, option D is correct - the charity may lawfully restrict tenancy to members of its own faith.
質問 # 89
A North Carolina broker deposits a buyer's earnest money check into their firm's general fund so that they can pay the rent on the brokerage office. This is an example of:
- A. puffing.
- B. negligence.
- C. commingling.
- D. capitalization.
正解:C
解説:
Commingling is the illegal act of mixing a client's funds-such as earnest money-with the broker's personal or business funds. North Carolina law strictly prohibits brokers from depositing trust money (like earnest deposits) into the firm's general operating account. In this case, the broker used the funds to pay rent, which could also constitute conversion (intentional misuse). But since the question specifically addresses the deposit, the correct answer is B - commingling.
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質問 # 90
The owner of a cooperative unit has which of the following rights in the property?
- A. A fee simple interest in the unit and a proportional interest in common areas based on unit size
- B. A fee simple interest in the unit and an undivided common interest in common areas
- C. A fee simple interest in the unit combined with occupancy rights for a specified recurring period annually
- D. A proprietary lease for the exclusive use of the unit and shares of stock in the corporation that owns the property
正解:D
解説:
In a cooperative (co-op) ownership arrangement, the real estate is owned by a corporation. Individual residents do not own their units as real property. Instead, they own shares of stock in the corporation and receive a proprietary lease, which gives them the right to occupy a specific unit. This contrasts with condominium ownership, where unit owners hold fee simple title. Therefore, the correct answer is D.
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質問 # 91
After a purchase agreement has been signed, but before the transaction closes, the buyer attempts to have the contract voided. The buyer was able to prove that, because of a mental disorder, they were incompetent at the time the contract was signed although later went on medication. Is the contract still valid?
- A. No, because the temporary incapacity allows them to void the contract.
- B. Yes, because the contract is still executory.
- C. Yes, because mental illness does not factor into questions of contractual capacity.
- D. No, because buyers are entitled to rescind contracts before closing.
正解:A
解説:
For a contract to be valid and enforceable, all parties must have legal capacity at the time of signing. If the buyer can prove they were legally incompetent due to mental illness at the time of execution, they may have the right to void the contract-even if they later regained competence. Temporary or situational incompetence at the time of contract formation is legally sufficient to make the contract voidable. Therefore, the correct answer is D.
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質問 # 92
The owners of a house that was built in 1950 are planning to sell it. What must they do prior to a sale of the property to comply with federal lead-based paint disclosure requirements?
- A. Conduct a test for lead-based paint
- B. Provide buyers with copies of any reports available from prior lead tests
- C. Remove all lead-based paint
- D. Purchase a home warranty policy that covers the removal of lead-based paint
正解:B
解説:
Under the federal Residential Lead-Based Paint Hazard Reduction Act, sellers of residential property built before 1978 must:
Disclose any known lead-based paint or hazards.
Provide copies of any available reports or records.
Provide the EPA's lead hazard information pamphlet.
Allow the buyer a 10-day inspection period (unless waived).
Sellers are not required to test for or remove lead paint. Therefore, the correct answer is B.
質問 # 93
Which of the following is a key characteristic of an exclusive right to sell listing agreement?
- A. The broker is guaranteed a commission if the property sells during the listing term.
- B. The broker must be the procuring cause of the sale to earn a commission.
- C. The seller does not owe a commission if they sell the property themselves.
- D. The seller can list the property with multiple brokers.
正解:A
解説:
Anexclusive right to selllisting gives one broker the sole authority to market and sell a property. The broker is entitled to a commissionno matter who procures the buyer, even if the seller finds the buyer independently during the listing period commission payment upon sale within the term-matchingoption A.
Option B is false (that applies to exclusive agency); C applies to open or exclusive-agency; and D conflicts with the exclusivity provision.
質問 # 94
Under the provisions of the North Carolina Subdivision Streets Disclosure Law, a subdivision developer must give a prospective buyer a disclosure statement that indicates:
- A. whether the property's frontage street is subject to flooding.
- B. the anticipated cost of assessments for public or private streets.
- C. whether the property's frontage street is public or private.
- D. that the developer is responsible for maintaining private streets.
正解:C
解説:
The North Carolina Subdivision Streets Disclosure Law requires developers to provide written disclosure to prospective buyers regarding whether the subdivision streets are intended to be publicly maintained (by the NCDOT or a municipality) or privately maintained. This ensures that buyers are aware of their responsibility for street upkeep if they are private. Therefore, the correct answer is A.
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質問 # 95
A North Carolina broker has been practicing real estate for 10 years for a firm in Asheville. The broker just bought a home on Oak Island and would like to split their time between the mountains and the shore. Under what circumstances could the broker affiliate with two different brokers-in-charge?
- A. Under no circumstances
- B. If the broker limits their practice to commercial transactions
- C. If the broker operates as a sole proprietorship
- D. If the broker gets the express consent of both brokers-in-charge
正解:D
解説:
NCREC rules allow a broker to be affiliated with more than one firm or broker-in-charge at the same time, but only with the express written consent of both BICs. This is often the case when brokers want to work in both commercial and residential markets or split their time between geographic locations. Therefore, the correct answer is A.
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質問 # 96
A North Carolina broker must maintain copies of all transaction files for at least _____ after the conclusion of a transaction?
- A. 1 year
- B. 3 years
- C. 4 years
- D. 2 years
正解:B
解説:
According to the North Carolina Real Estate Commission, brokers must retain records related to a real estate transaction for a minimum of three years from the date of closing or termination of the transaction. These records include contracts, agency agreements, disclosures, and correspondence. Therefore, C is the correct answer.
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質問 # 97
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