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| Section | Weight | Objectives |
|---|---|---|
| Topic 1: General Real Estate Knowledge | 67% | - Laws of Agency
|
| Topic 2: Massachusetts Real Estate Law | 33% | - Massachusetts Real Estate Practices
|
>> Massachusetts-Real-Estate-Salesperson 100%시험패스 자료 <<
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질문 # 41
A buyer is purchasing a $625,000 property. The lender requires a 20% down payment to avoid mortgage insurance. The buyer provided $5,000 in earnest money. The buyer closing costs are $13,000. What is the amount the buyer must bring to settlement to close the transaction?
정답:A
설명:
Comprehensive and Detailed Explanation (150-250 words):
First compute the down payment at 20% of $625,000:
Down payment = $625,000 × 0.20 = $125,000.
Mortgage insurance is avoided because the LTV is 80% (loan of $500,000 on $625,000 purchase), consistent with typical underwriting. Massachusetts exam math emphasizes accurate handling of down payment percentages, credits for deposits, and inclusion of buyer's closing costs. The only choice that matches this computation is $133,000.
References: Massachusetts Real Estate Salesperson Candidate Handbook - Real Estate Math (Down payments, buyer credits/debits, cash to close); Financing basics (LTV and PMI thresholds).
질문 # 42
What is an enforceable agreement between competent parties in which each party obtains a legal benefit or assumes a legal obligation?
정답:D
설명:
The correct answer is B, Contract. A contract is a legally enforceable agreement creating obligations between parties.
Core contract requirements generally include competent parties, mutual assent through offer and acceptance, consideration, lawful purpose, and genuine consent. Certain real estate agreements also must satisfy the Statute of Frauds or other statutory formalities.
Consideration represents the bargained-for legal value exchanged between the parties. One party can promise money while the other promises to transfer property, perform services, grant possession, or undertake another legal obligation.
An easement is a property interest allowing specified use of another ' s land. A deed restriction limits the use of real estate. A mortgage lien secures a debt against property. Although each can arise from contractual arrangements, none is the general definition of a contract.
Candidates should also distinguish valid, void, voidable, and unenforceable contracts and understand unilateral versus bilateral and executed versus executory agreements.
Study Guide Reference: Contracts - Essential Elements, Consideration, Competency and Enforceability.
질문 # 43
A buyer and seller have signed a binding purchase-and-sale agreement, but closing has not yet taken place.
How is the contract classified?
정답:D
설명:
The agreement is executory, making A correct. An executory contract is one in which material obligations remain to be performed. Signing may create binding obligations, but the buyer has not yet paid the final purchase funds, the seller has not yet delivered the deed, and closing conditions may remain outstanding.
An executed contract, in the contract-classification sense, is one whose required performance has been completed. Candidates must not confuse "the parties executed the document," meaning they signed it, with the technical distinction between an executed and executory contract.
Massachusetts Board curriculum explicitly identifies executed versus executory as a required contract classification and separately recognizes purchase-and-sale agreements as core contracts used by licensees.
"Non-recourse" relates to borrower liability in financing and has no bearing on whether a purchase agreement remains to be performed.
The source set repeats this concept because it is a common exam trap: signed but not completed = executory.
Study Guide Reference: Contracts - Purchase and Sale Agreements; executed versus executory contracts.
질문 # 44
Which item is not one of the traditional four unities required for a joint tenancy?
정답:B
설명:
The traditional four unities associated with joint tenancy are time, title, interest, and possession. Therefore,
"unity of measure" has no place in the doctrine, making B correct.
Unity of time means the joint tenants acquire their ownership interests at the same time. Unity of title means the interests arise from the same instrument or transaction. Unity of interest means the joint tenants hold equivalent undivided ownership interests of the same type. Unity of possession means each joint tenant has the right to possess and enjoy the whole property rather than being restricted to a physically divided portion.
Massachusetts Department of Revenue materials describing forms of co-ownership expressly identify the four required unities as interest, possession, time, and title. They also explain the central additional feature of joint tenancy: right of survivorship. When one joint tenant dies, that owner ' s interest passes automatically to the surviving joint tenant or tenants instead of passing through the deceased owner ' s estate.
A conveyance that destroys one of the necessary unities can sever the joint tenancy as to that interest and result in a tenancy in common.
Study Guide Reference: Property Ownership - concurrent estates, joint tenancy, survivorship and the four unities.
질문 # 45
To avoid triggering full disclosure under TILA when advertising financing availability on a listed property, which of the following statements must a real estate licensee avoid using?
정답:A
설명:
The Truth in Lending Act (TILA, Regulation Z) regulates advertising of credit terms. If an advertisement contains a triggering term such as the amount of down payment, monthly payment, interest rate, or repayment period, then full disclosure of all financing terms must be provided.
"Buy for less than $650 per month" (D) is a triggering term because it states a specific monthly payment. This requires full disclosure of the APR, down payment, term, and total cost of financing.
"Assumable loan" (A), "owner willing to finance" (B), and "FHA and VA financing available" (C) are general financing terms that do not trigger mandatory disclosure.
Thus, the correct answer is D.
Reference: Federal TILA (Regulation Z), 12 C.F.R.1026; Massachusetts Real Estate Salesperson Candidate Handbook - Financing.
질문 # 46
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