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The Real Estate License Examinations

The law requires that the Department of Real Estate (DRE) ascertain, by written examination, the competency of a prospective real estate licensee. DRE cannot waive this examination requirement. This chapter discusses the examination process in general, details the scope of the examinations and includes practice questions. A pamphlet titled Instructions to License Applicants provides detailed information about examination and licensing procedures. Interested persons may obtain this pamphlet and an application to take an examination by calling or writing any DRE office. Additional information, forms, publications, and other items of interest to examinees, license applicants and licensees is available on the Department of Real Estate (DRE) web site www.dre.ca.gov under Examinees and Licensees. Scope of Examination Business and Professions Code Section 10153 requires that the real estate examinations test for the following: knowledge of the English language, including reading, writing and spelling; and of arithmetical computations used in real estate and business opportunity practices; understanding of the principles of real estate and business opportunity conveyancing; the general purposes and general legal effect of agency contracts, deposit receipts, deeds, mortgages, deeds of trust, chattel mortgages, bills of sale, land contracts of sale and leases; and of the principles of business and land economics and appraisals; and understanding of the obligations between principal and agent; of the principles of real estate and business opportunity practice and the canons of business ethics pertaining thereto; and of the Real Estate Law, the Subdivided Lands Law and the Commissioners Regulations.

Preparing for an Exam Unless a prospective licensee has had experience with the various types of real estate transactions and has thorough knowledge of real estate fundamentals, including the obligations of an agent and the laws and regulations governing an agents activities, it is suggested that serious study be undertaken prior to taking the examination. Even persons well grounded in these areas will find a review extremely valuable. This book and DREs Real Estate Law book are useful study tools. In addition, public libraries and bookstores have textbooks on California real estate law, practice, finance, economics and appraisal. Real estate courses are available at colleges and private vocational schools. Exam Construction DREs testing program follows guidelines set by the State Personnel Board and other test authorities. Periodically, DRE uses research studies to update the test specifications. Because there are differences in the level and amount of knowledge required of salespersons and brokers, the exams differ in their emphasis and difficulty. Examination Weighting DRE attempts to place proper emphasis on the content areas of the examinations. The exact weighting for each subject area contained in the real estate broker and real estate salesperson license examination is included in the current edition of DREs pamphlet Instructions to License Applicants. This publication is also available online at the DRE web site at www.dre.ca.gov.

REAL ESTATE SALESPERSON AND REAL ESTATE BROKER LICENSING EXAMINATION OUTLINE Area 1 - Property Ownership and Land Use Controls and Regulations Classes of Property Property Characteristics

28 Encumbrances Types of Ownership Descriptions of Property Government Rights in Land Public Controls Environmental Hazards and Regulations Private Controls Water Rights Special Categories of Land

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Area 2 - Laws of Agency Law, Definition & Nature of Agency Relationships, Types of Agencies & Agents Creation of Agency & Agency Agreements Responsibilities of Agent to Seller/Buyer as Principal Disclosure of Agency Disclosure of Acting as Principal or Other Interest Termination of Agency Commission and Fees Area 3 - Valuation and Market Analysis Value Methods of Estimating Value Area 4 - Financing General Concepts Types of Loans Sources of Financing How to Deal with Lenders Government Programs Mortgages/Deeds of Trust/Notes Financing/Credit Laws Loan Brokerage Area 5 Transfer of Property Title Insurance Deeds Escrow Reports Tax Aspects Special Processes Area 6 Practice of Real Estate and Mandated Disclosures Trust Account Management Fair Housing Laws Truth in Advertising Record Keeping Requirements Agency Supervision Permitted Activities of Unlicensed Sales Assistants DRE Jurisdiction and Disciplinary Actions

THE REAL ESTATE LICENSE EXAMINATIONS Licensing and Continuing Education Requirements and Procedures California Real Estate Recovery Fund General Ethics Technology Property Management/Landlord-Tenant Rights Commercial/Industrial/Income Properties Specialty Areas Transfer Disclosure Statement Natural Hazard Disclosure Statements Material Facts Affecting Property Value Need for Inspection and Obtaining/Verifying Information

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Area 7 - Contracts General Listing Agreements Buyer/Broker Agreements Offers/Purchase Contracts Counteroffers/Multiple Counteroffers Leases Agreements Promissory Notes/Securities Exam Rules - Exam Subversion The typical rules for examinations apply: conversation is not permitted; the use of cell phones, PDAs, notes or references to texts are strictly forbidden; dishonest practice of any kind will result in a nonpassing grade and may be grounds for denying future examinations. DRE may deny, suspend, revoke or restrict the license of an applicant or licensee who subverts or attempts to subvert a licensing examination. Conduct which constitutes subversion includes but is not limited to the following: 1. 2. 3. 4. 5. 6. 7. 8. Removing exam material from a test site. Reproducing exam material without authorization. Using paid examinees for the purpose of reconstructing an examination. Using improperly obtained test questions to prepare persons for examination. Selling, distributing, or buying exam material. Cheating during an exam. Possessing unauthorized equipment or information during an examination. Impersonating an examinee or having an impersonator take an examination.

Materials The examination is administered using an electronic format in the Oakland and Fresno District Offices. DRE is currently in the process of converting the other District Office examination locations to accommodate an electronic exam process. For electronic exams, only the mouse, mouse pad, white board and marker, and a silent, battery operated pocket size calculator (for arithmetical calculations) are allowed on an examinees desk. These items are supplied by DRE and must be turned in at the end of the examination. Pencil and paper examinations will be conducted at District Office locations until the conversion to an electronic exam process is completed. For pencil and paper exams, only the examination booklet, the answer sheet, and a pencil are allowed on an examinees desk, along with the single page of scratch paper and a silent, battery operated, pocket size calculator (for arithmetical calculations) which DRE will supply and which must be turned in with the answer sheet and examination booklet.

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CHAPTER TWO

Question Construction Test items are phrased to measure the applicants knowledge without making him or her wonder about their meaning. No question is meant to be a trick or catch question. Words are used according to their commonly accepted meanings. Multiple Choice Exam All test items in the real estate exams are multiple-choice. While the examinee may feel that more than one answer has some element of correctness, the examinee must be able to eliminate the incorrect responses and choose the correct answer. Q and A Analysis The following analyses illustrate the proper approach to exam questions: Question: Under no circumstances may a broker: (a) receive a commission from both buyer and seller (b) appoint a subagent (c) misrepresent material facts (d) sell the principals property to a relative. Analysis: (a) is incorrect. A broker may receive a commission from both parties provided both buyer and seller have knowledge of the arrangement. (b) is incorrect. A broker may get prior consent from the principal to appoint other brokers as subagents to cooperate in selling the property. (c) is correct. A material misrepresentation is a violation of law. (d) is incorrect. The broker may sell to any purchaser provided the principal has full knowledge. Question: A valid bill of sale must contain: (a) a date (b) an acknowledgment (c) the sellers signature (d) a verification. Analysis: (a) is incorrect. Although a date is advisable, it is not required. (b) is incorrect. The law does not require an acknowledgment. (c) is correct. A bill of sale is an instrument which has been executed (signed) and delivered to convey title to personal property. (d) is incorrect. Verification means to confirm the correctness of an instrument by an affidavit or oath. Verification may be desirable but not required. Examinees should be alert for questions phrased in the negative: e.g., All of the following statements are correct, except; or, which of the following are not ...? In the following sample question, three of the responses would be correct. However, the answer called for is the incorrect statement. Question: A valid deed must contain all of the following, except: (a) the signature of the grantor (b) a granting clause (c) an adequate description of the property (d) an acknowledgment of the grantors signature. Analysis: (a) is a correct statement. The grantor is the person who conveys title to another and without the grantors signature title will not pass.

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(b) is a correct statement. The granting clause is necessary to evidence the intent of the grantor. (c) is a correct statement. The property being transferred must be described so the grantor knows exactly what property is being conveyed to the grantee. (d) is the incorrect statement. An acknowledgment is necessary for recordation but is not required to make the deed valid. Sample Multiple Choice Items The following are examples of the types of questions that appear in the examination. No answers are provided. Answers can be obtained by reviewing appropriate standards of practice and information sources. Question: Tax delinquent real property not redeemed by the owner during the five-year statutory redemption period is deeded to the: (a) city (b) county (c) state (d) school district. Question: Which item would an appraiser use to arrive at a net income for capitalization purposes? (a) cost of loans against the property (b) allowance for rent loss and vacancies (c) federal income tax (d) reserve for appreciation of buildings. Question: Community property is property owned by: (a) churches (b) husband and wife (c) the municipality (d) the community. Question: An apartment complex cost $1,800,000. It brings in a net income of $12,000 per month. The owner is making what percentage of return on the investment? (a) 7% (b) 8% (c) 11% (d) none of the above. Question: A person holding title to real property in severalty would most likely have: (a) a life estate (b) an estate for years (c) ownership in common with others (d) sole ownership.

32 Question: A contract based on an illegal consideration is: (a) valid (b) void (c) legal (d) enforceable.

CHAPTER TWO

Question: When a loan is fully amortized by equal monthly payments of principal and interest, the amount applied to principal: (a) and interest remains constant (b) decreases while the interest payment increases (c) increases while the interest payment decreases (d) increases by a constant amount. Question: Joint ownership of real property by two or more persons, each of whom has an undivided interest (not necessarily equal) without right of survivorship, is (a) a tenancy in partnership (b) a tenancy by the entireties (c) a tenancy in common (d) a leasehold tenancy. Question: A loss in value from any cause is a common definition of: (a) economic obsolescence (b) depreciation (c) principle of contribution (d) adverse leverage. Question: If an appraiser finds that the fair rent for a vacant parcel of land is $1,400 per month and the interest rate is 11%, what is the approximate indicated land value? (a) $109,090 (b) $138,560 (c) $184,800 (d) $210,000. Question: Economic obsolescence could result from each of the following, except: (a) new zoning laws (b) a citys leading industry moving out (c) misplacement of improvements (d) an outdated kitchen. Question: A contractor obtained a construction loan, and the loan funds are to be released in a series of progress payments. Most lenders disburse the last payment when the:

THE REAL ESTATE LICENSE EXAMINATIONS (a) (b) (c) (d) building is completed notice of completion is filed buyer approves the construction period to file a lien has expired.

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Question: Brown purchased a $14,000 note secured by a second mortgage for investment purposes. The seller allowed a 15% discount. The note provided for monthly payments of $1,220 including interest at 9% per annum over a one-year term. Brown received full payment on the above terms. The yield on Browns investment, expressed as a percentage, is: (a) 23% (b) 31% (c) 34% (d) 40%. Question: Generally, the taking of private land by governmental bodies for public use is governed by due process of law and is accomplished through: (a) exercise of the police power (b) eminent domain (c) reverter (d) escheat. Question: Governmental land use planning and zoning are important examples of: (a) exercise of eminent domain (b) use of police power (c) deed restrictions (d) encumbrances. Question: Most contracts between a seller and broker for the purpose of selling real estate are in the form of: (a) a general power of attorney (b) a novation (c) a written agreement (d) an assignment. Question: In arriving at an effective gross income figure, an appraiser of rental property makes a deduction for: (a) real property taxes (b) repairs (c) vacancy (d) depreciation.

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CHAPTER TWO