Quiz 8
Quiz 8
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The correct answer is A. Professional Regulatory Board of Real Estate
Service
The power to "adopt" is vested upon the PRBRES but the power to
"prescribe and issue" is vested upon the AIPO.
2. Under the then code of ethics, the realty service is
considered the following and not a
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A. Profession
B. Business
C. Calling
D. Occupation
Correct answer
B. Business
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The correct answer is B. Business
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The VAT threshold is Php 3,199,200. This means that if you buy a
property whose value falls below this threshold, then it is non-vatable,
and you will not have to pay tax on it. However, if the property you
bought are next to each other, within 12 months, and their combined
value exceeds this threshold amount, then these properties will be
considered vatable.
Correct answer
C. 20 percent
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The correct answer is C. 20 percent
Correct answer
C. 6
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The answer is C. 6
Correct answer
C. Certificate of Non-Coverage
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The correct answer is C. Certificate of Non-Coverage
Correct answer
D. Professional Regulation Commission
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The correct answer is D. Professional Regulation Commission
Correct answer
A. Lienor
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The correct answer is A. Lienor
The trick here is looking at the root word (lien) and the ending letters. If
it ends with "or," that is the holder. If it ends with "ee," that is the
recipient.
Imagine "donor" vs. "donee," the donor is the holder, or the giver of a
thing, and the donee is the recipient. Another example is the word
mortgagor ends in "or," so the holder or giver of the mortgage, while
the mortgagee end in "ee," is the mortgage recipient. Interesting huh?
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You got it!
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Bravo!
Effective age is the age of a property based upon its condition and
physical wear and tear, not its actual age. Actual age is the total years
that have passed since a structure was built. Economic life is the length
of time properties may generate income. Usually, this is less than its
physical life.
12. What law provides designated HLURB as sole
regulatory power in house and lot development,
mandated to encourage greater participation of the
private sector for the low-cost housing liberalization
of development standards, simplification of
regulations and decentralization of licenses and
permits?*
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A. EO 70
B. EO 90
C. PD 457
D. PD 1216
Correct answer
B. EO 90
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Not quite.
It looks like EO 90 is the clear answer here. PD 1216 defines the OPEN
SPACE requirements in residential developments, while EO 70 and PD
457 are not laws in Real Estate.
13. Which economic characteristic of land shows
that land and building are relatively long-lasting
assets?*
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A. Valuable
B. Durability
C. Divisibility
D. Immobility
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Awesome!
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Awesome!
Tsunami and tectonic wave are incorrect because they relate to rising
water due to earthquakes that originated in the sea. While a tidal wave
sounds like a good answer, it is formed by high winds or seismic
interruption. Storm surge is the rising of water associated with low
pressure. Imagine the flood that typhoon Yolanda (Haiyan) brought to
Tacloban. A storm surge caused it.
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Top notch!
16. Which refers to any and which has not had any
significant buildings or structures erected on it*
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A. Open space
B. Raw land
C. Reserved space
D. Idle land
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Excellent!
While it may sound that open space is a good answer, the correct
answer is idle land. Open space is any open piece of land that is
undeveloped (has no buildings or other built structures) and is
accessible to the public. The key word here is "significant"
improvement, mainly referring to idle lands. The government imposes a
maximum 5% penalty for undeveloped properties or no significant
improvement.
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You got it!
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Remember DUST and your essential elements of value. Demand: This
means the desire to buy and an ability to pay. Utility: The item satisfies
a human need or desire; such as shelter, income, or recreation.
Scarcity: Limited in supply, as supply diminishes, value increases.
Transferability: Able to transfer from one owner to another.
Correct answer
C. A fiduciary is a neutral third party
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A fiduciary is NOT a neutral third party. Fiduciary is a term that refers
to a legal relationship that is confidential between two parties. The
fiduciary responsibility is to protect the privacy of the client and to keep
all of the client’s information confidential. An example of a neutral third
party is an escrow agent is a person or entity that holds property in trust
for third parties while a transaction is finalized or a disagreement is
resolved.
22. Which of the following two real estate contract
clauses protect the lenders in some way, usually by
asking for some form of payment(insurance)?
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A. Alienation and Release Clause
B. Acceleration Clause and Release Clause
C. Release Clause and Prepayment Penalty Clause
D. Acceleration Clause and Prepayment Penalty Clauses
Correct answer
D. Acceleration Clause and Prepayment Penalty Clauses
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The keywords here are lender and payment. Some of these provisions
protect the borrower, lender, or both. The Acceleration Clause and
Prepayment Penalty Clause is the best answer here. The acceleration
clause is a contract provision that requires a borrower to repay all of an
outstanding loan if upon a breach of the contract - which definitely
protects the lenders and their interests by asking for repayment. A
prepayment penalty clause states that a lender can penalize a borrower
if the borrower pays off the mortgage much sooner than usual - This
definitely protects the lenders, their interests, and results in repayment
as well. Within the other answers the clauses may, or may not protect
lenders, or do not require some form of payment or insurance.
23. The increase of value with the passage of time is
best described as:
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A. Depreciation
B. Appreciation
C. Return of investment
D. Return on investment
Correct answer
B. Appreciation
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Appreciation, in general terms, is an increase in the value of an asset
over time. The increase can occur for a number of reasons, including
increased demand or weakening supply, or as a result of changes in
inflation or interest rates.
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Economic obsolescence refers to the loss of property value due to
external factors, meaning things off the property affecting the properties
value. A new noisy highway would be considered economic
Correct answer
B. Radon
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Radon is radioactive gas dispersed from natural decay of mineral in
earth. odorless, colorless, tasteless. Rises out of ground and enters
homes through openings in basement where usually found. If trapped
inside a house, can increase to harmful health levels. Small particles
inhaled into lungs can cause cancer. Can also contaminate
groundwater. Radon is usually detected by radon test kits.
26. In real estate, alienation is best described as:
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A. denying use of an easement.
B. changing a property from one zoning district to another.
C. the act of transferring bonds, cash, money or any form of currency in
escrow.
D. the act of transferring title, ownership, an estate, or an interest in real
estate from one party to another.
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The actual transfer of title in a real estate transaction is handled by
lawyers or title agencies, not the agent. However as with other legal
aspects in the transactions a real estate agent needs to understand them.
Alienation is the act of transferring title, ownership, an estate, or an
interest in real estate from one party to another.
27. Which of the following would not be considered
real property?
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A. A fixture
B. An easement
C. Mineral rights
D. A mortgage
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Fixtures, easements, and mineral rights are all examples of real
property - a mortgage is not. Real Property is all things attached to the
land and all the legal rights to it. Real property is usually things that are
immovable such as the home itself or the buildings within the property
line. There are some exceptions of items that can be moved but are still
real property, like for businesses. Business-related items like mineral
rights, or if you own a farming business it would include crops, barns,
and stables. Those are all considered real property because it is part of
the business.
28. What type of ownership model is used for
vacation real estate in which multiple purchasers
own allotments of usage, typically in one-week
increments, for the same property?
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A. Condo
B. Timeshare
C. Condominium
D. Ownership in Severalty
Correct answer
B. Timeshare
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A timeshare is a property with a divided form of ownership or use
rights. These properties are typically resort building units, in which
multiple parties hold rights to use the property, and each owner of the
same accommodation is allotted their period of time. They differ from
regular condominiums as they typically are exclusively for vacations.
29. Complete the following statement. The
rescission of a contract occurs when:
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A. a contract is signed.
B. a contract is classified as unenforceable and is terminated.
C. one party wants waive all the remaining duties and wants to terminate
the contract.
D. there is an agreement between the contracting parties to waive all the
remaining duties and to terminate the contract.
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The rescission of a contract occurs when there is an agreement between
the contracting parties to waive all the remaining duties and to
terminate the contract. Basically, it would be returning the parties to the
same legal position they were in before entering into the contract.
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Surveying is the "general" technique of determining three-dimensional
positions of points and the distances and angles between them. The
point of a survey is to accurately measure land in a legal fair manner.
While subdivision surveying is definitely a form of surveying this
question is asking for the general form, which is just surveying.
Correct answer
C. The lender
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Usually, the lender or financing organization will hire the appraiser.
Technically the seller pays for the appraiser since it comes out of the
final sales price, however the hiring aspect is almost always done by the
lender.
32. The cost of public services is distributed among
real estate owners through what?
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A. Personal property tax
B. Real property tax
C. Special assessment
D. Sales tax
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Property tax is an ad valorem tax assessed on real estate by a local
government and paid by the property owner. Public services for real
estate owners are paid by real property tax.
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A Sole Proprietorship is one individual or married couple in business
alone. Sole proprietorship's are the most common form of business
structure. This type of business is simple to form and operate and may
enjoy greater flexibility of management, fewer legal controls, and fewer
taxes. However, the business owner is personally liable for all debts
incurred by the business. A sole proprietor may purchase property for
both personal and business use through his own name or through the
name of his business. However, only personal property used in direct
relation to business operations is viewed as a tax-deductible business
expense.
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Fee simple absolute or (fee simple for short) is an estate in land. It is the
highest form of real estate ownership that is recognized by law, in which
the owner can enjoy the property to its fullest extent and is only limited
by government powers which we’ll cover later on. Fee simple absolute
is the greatest interest in a parcel of land that one can possibly own. The
fee simple estate has unlimited duration and can be passed on to heirs.
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Adverse possession is a legal principle under which a person who does
not have legal title to a property acquires legal ownership based on the
continuous occupation of the property. If successful in proving adverse
possession, the person or parties are usually not required to pay the
owner for the land.
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Functional obsolescence refers to the loss of property value due to an
obsolete design feature. Outdated plumbing would be considered
functionally obsolete because it is outdated. Who determines what is
obsolete or not? Usually the buyer or homeowners. If a neighborhood is
filled houses with new bathrooms and/or new plumbing, and your's isn't,
It would be considered functionally obsolete.
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Codicil (pronounced kaa-duh-sl) is a written supplement or amendment
to an existing will such as one affecting the transfer of real estate upon
death. In plain terms it's an addendum of any kind to a will.
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A. Assessed value
B. Implied value
C. Market value
D. Appraised value
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The assessed value is a property's determined valuation to calculate the
appropriate tax rates.
Correct answer
A. Unsuccessful because the owner's property extends only to the high-
water mark and the public can use the land beyond this point.
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A landowner of land which borders a navigable waterway owns the
property up to the high-water mark at the water’s edge. The government
owns the water and land beneath it, and the public has an easement
right to travel on the water. The owner would be unsuccessful because
the owner's property extends only to the high-water mark.
41. In a typical real estate market, if the demand for
commercial office space declines and the supply of
office space also declines at the same ratio, market
rent per square foot should:
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A. Increase
B. Decrease
C. Reach thirty
D. Remain the same
Correct answer
D. Remain the same
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If demand increases more than supply does, we get an increase in price.
If supply rises more than demand, we get a decrease in price. If they rise
or decrease the same amount, the price remains the same.
42. If someone is unlawfully forced to execute a
contract it is called what?
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A. Fraud
B. Duress
C. Treason
D. Execution
Correct answer
B. Duress
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Duress is the unlawful constraint or action exercised upon a person
whereby the person is forced to perform an act against his or her will. A
contract entered into under duress is voidable.
43. Which of the following real estate contract
clauses is typically seen in blanket mortgages and
allows for the freeing of all or part of a property from
a claim through a proportional or full amount of the
mortgage being paid off?
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A. The Release Clause
B. The Defeasance Clause
C. The Alienation Clause
D. The Prepayment Penalty Clause
Correct answer
A. The Release Clause
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A release clause is a contract provision (typically in a blanket
mortgage) that allows for the freeing of all or part of a property from a
claim through a proportional or full amount of the mortgage being paid
off.
44. In the case of a standard tax lien who gets paid
first?
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A. the homeowner.
B. the buyer/seller.
C. the commission.
D. the government.
Correct answer
D. the government.
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Tax liens are imposed by the federal, state, or local government based
upon back property taxes that are due. Not only can these seriously
impact your credit report, but until they're paid off, they can prevent you
from selling the property. Tax liens are involuntary and usually specific.
The important thing to remember is the government always gets paid
first in terms of money distribution.
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The Gross Rent Multiplier is found by dividing the price of the property
by its rent.
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When a property is owned by joint tenants, the interest of a deceased
owner automatically gets transferred to the remaining surviving owners.
For example, if three joint tenants own a house and one of them dies,
the
two remaining tenants each obtain a one-half share of the property. This
is called the right of survivorship.
Correct answer
D. Possession, control, exclusion, enjoyment, disposition
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Owning real estate carries with it a "bundle of legal rights” The bundle
of rights is the right of possession, the right of control, the right of
exclusion, the right of enjoyment and the right of disposition. When a
person purchases property, he or she is given the rights to the property.
Interestingly the rights can be split up and given to different parties.
Think of the bundle of rights as a bundle of sticks.
Correct answer
A. First-in-time-first-in-right.
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The prior appropriation doctrine is a legal concept that evolved in the
American West as a means of establishing the right to use scarce water
from rivers and streams. This doctrine can be summed up as "first in
time is first in line."
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Condominium often shortened to condo, is a type of living space which
is similar to an apartment but which is independently sellable and
therefore regarded as real estate. Unlike apartments, which are leased
by their tenants, condominium units are owned outright. The answer is
all the condominium owners in the form of percentage undivided
interests because all condominium owners legally own a portion of all
the facilities there.
52. Severalty ownership _____.
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A. is ownership by one person
B. is ownership by several people
C. is ownership by stockholders in a corporation
D. is a ownership with an inherent right of survivorship
Correct answer
A. is ownership by one person
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Ownership in severalty means one person owns the property. Think of
the word “severed,” separated from, rather than the word “several,”
meaning more than one. Ownership in severalty means one person owns
the property.
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Bravo!
A fixture is any physical property that is permanently attached to real
property. Trade fixtures refer to items installed in connection with the
business, such as stoves or refrigerators in a restaurant.
C. Dedication
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Not quite.
Think of supply and demand like a scale usually if one side raises, the
other will lower or vice versa. Generally, low supply and high demand
increase price. In contrast, the greater the supply and the lower the
demand, the price tends to fall. So in real estate terms, when the supply
of available houses in an area increases significantly the average cost of
housing goes down.
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Excellent!
Correct answer
C. Three
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Not right.
According to the law of supply and demand, the first property sold
would have sold for the lowest price. Remember generally speaking,
when the supply of houses goes down, the price goes up, and vice versa.
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Wrong.
The term “ad valorem” is Latin for “according to value,” which means
that it is flexible and depends on the assessed value of an asset, product,
or service. An ad valorem tax is charged by state and municipal
governments and is based on the assessed value of a product or
property. The most common ad valorem tax is the property tax, which is
charged on real estate and personal property.