Real property can be converted into personal property by
severance.
accession.
conversion.
affixing.
A property owner owns a condominium. Her interests in the common grounds around her unit are owned by her in what manner?
Joint tenancy
Severalty
Tenants in common
Tenants in the entireties
What is the highest and best ownership?
Fee Defeasible
Life Estate
Estate for Years
Fee Simple
Joe rents a building where he has an ice cream store. He wants to put in an ice cream freezer that will hold 28 varieties of ice cream. He will need to affix the freezer in order to obtain water and electricity to power the freezer. Can he do this?
Yes. He is a commercial tenant, and this is a trade fixture.
Yes. He can affix the freezer, but he must leave it when his lease is up.
No. This would be considered a fixture, and he cannot damage the landlord’s property.
No. He cannot connect to the water and electricity.
Which is NOT a test for determining if something is a fixture?
Damage
Intent of the parties
Situs
Adaptability
Joint Tenancy
can be created at any time with different deeds.
does not provide for the right of survivorship.
is ownership allowed only between a husband and wife.
needs the four unities to be created.
A river has deposited soil that had been carried downstream. The buildup soil on the bank is called what?
Accretion
Avulsion
Erosion
Reliction
How many days does a buyer have to cancel a purchase contract of a cooperative when purchasing from a seller who is NOT a developer?
30
18
5
3
The right of an owner to own to the average high water mark is
accretion.
alluvion.
riparian.
littoral.
The right of an owner to mine or dig on his or her property is called what?
Air rights
Subsurface rights
Bundle of rights
Littoral rights
The Homeowner’s Association disclosure summary language should be
available to all prospects upon viewing the property.
given to interested parties, at their request.
contained in the purchase and sale agreement in conspicuous type.
given to the buyer at closing.
Which would NOT be an appurtenance?
A right
A privilege
An improvement
A potted plant
The purpose of the ________________________is to give statutory recognition to the condominium form of ownership of real property, and to establish procedures for the creation, sale, and operation of condominiums.
Florida Condominium Act
Florida Landlord and Tenant Act
Florida Cooperative Act
Florida Uniform Land Sales Practices Law
If the disclosure summary for a homeowner’s association is not provided to the buyer prior to signing the contract for sale, the status of the contract is
voidable at the buyer’s option prior to closing.
not affected.
immediately void.
voidable at the option of the seller within three days.
The system of ownership of real property in the United States is
incorporeal.
allodial.
inchoate.
feudal.
Which BEST describes a fixture?
It is considered to be personal property.
It was at one time movable.
It is usually removed upon the sale of the property.
It is not considered real property.
Joan and Suzie were co-owners of a property. They took the title at the same time, had an equal interest, had the same deed, and had an undivided interest. Joan dies. What will happen to the property now?
The property is inherited by Joan’s family.
The property is divided between Joan’s family and Suzie.
The property is owned by Suzie in severalty.
The property is owned by the state.
Trees and perennial bushes are considered to be
emblements.
Fructus industriales.
Fructus naturales.
personal property.
The bundle of rights includes all EXCEPT
the right to sell.
the right to mortgage.
the right to dedicate.
the right to abandon.
Tom and Elaine are a married couple. They purchased a house together as a tenancy by the entireties. Will they still own the house together if they get a divorce?
Yes, but they will own the house as tenants in common.
Yes, but they will own the house as tenant by the entireties.
No. The ownership is stopped when the divorce is final.
No. They will need to become life tenants.
Community Development Districts are often _____ with mixed uses.
located near developments
Planned Unit Developments (PUDS)
very expensive developments
paid by state taxes
The term real estate includes all EXCEPT
anything permanent affixed.
air rights.
subsurface rights.
personal property.
Three of the purposes of the _______________ is to (1) Give statutory recognition to real property timeshare plans and personal property timeshare plans in this state. (2) Establish procedures for the creation, sale, exchange, promotion, and operation of timeshare plans. (3) Provide full and fair disclosure to the purchasers and prospective purchasers of timeshare plans.
Florida Condominium Act
Florida Landlord and Tenant Act
Florida Vacation Plan and Timesharing Act
Florida Uniform Land Sales Practices Law
The ownership presumed by law unless otherwise stated is which of these forms?
Tenancy in common
Joint tenancy
Periodic tenancy
All of the above
Extreme wind and 15-foot waves washed away half of the water frontage of John’s bayfront property. This violent tearing away of the soil is known as what?
Reliction
Mass wasting
Alluvial damage
Avulsion
The purpose of the _________________________ is to give statutory recognition to the cooperative form of ownership of real property. It shall not be construed as repealing or amending any law now in effect, except any law in conflict herewith, and any such conflicting laws shall be affected only insofar as they apply to cooperatives.
Florida Condominium Act
Florida Landlord and Tenant Act
Florida Cooperative Act
Florida Uniform Land Sales Practices Law
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Who can acquire property through eminent domain?
Government entities
Churches
Schools
Landlords
What would terminate an easement?
Sale of the property by the dominant tenement
Revocation by the servient tenement
Merger of the two properties
Sale of the property by the servient tenement
In a deed, the words which clarify the purpose of the deed with the phrase “to have and to hold” is called a
granting clause.
habendum clause.
testimonium.
premise.
_________________ means the owner or lessor of a dwelling unit.
Tenant
Landlord
Vendor
Vendee
If a property owner dies without a will and with no heirs, the State of Florida has the authority to determine the owner. This is called what?
Escheat
Eminent Domain
Foreclosure
Taking
A mechanic’s lien is a/an ___________ lien.
statutory
independent
mechanical equipment
unauthorized
Which would NOT have to be in a deed?
Grantor’s signature
Legal description
Words of conveyance
Grantee’s signature
An improvement that crosses over the adjacent property without the permission of the owner is
an easement.
an encroachment.
a license.
avulsion.
________________________________ is the lead agency in state government for environmental management and stewardship. The department administers regulatory programs, and issues permits for air, water, and waste management. It oversees the State’s land and water conservation program, Florida Forever, and manages the nationally award-winning Florida Park Service. The department is the main architect of the $7.8 billion funding and management plan to restore America’s Everglades – the largest water restoration project in the history of the world.
The Florida Department of Environmental Protection
The Florida Landlord and Tenant Act
The Florida Vacation Plan and Timesharing Act
The Florida Uniform Land Sales Practices Law
A person died intestate. His property would pass according to
adverse possession.
avulsion.
descent and distribution.
escheat.
An instrument that records the history of the property is called the
certificate of title.
abstract of title.
color of title.
cloud on the title.
Title to real property passes to the grantee at the time the completed deed is
notarized.
signed.
attested.
delivered and accepted.
Which is a voluntary lien against a person’s property?
Mortgage lien
Mechanic’s lien
Judgment lien
Property tax lien
The type of deed that transfers the greatest protection for the buyer is
quit claim deed.
special warranty deed.
bargain and sale deed.
general warranty deed.
The mortgagee’s title policy protects
the seller.
the lender.
the buyer.
the devisee.
There was a judgment lien against a person for his debts. He owned a car, boat, farmhouse, and some land. On which would the judgment lien be placed?
The car only
The car and boat only
The farmhouse and the land
The car, boat, farmhouse, and the land
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How many acres are in a piece of property measuring 620′ x 430′?
5
6.12
7.25
8.36
A lot contained 600 square yards and had a frontage of 40 feet. If the lot was rectangular in shape, what would be the length of the lot measure?
15 feet
135 feet
185 feet
217 feet
600 square yards converts to 5400 square feet (600 X 9sf per sq yd). 5400 ÷40 ft frontage = 135 feet for length
How many acres of land are there in the S 1/2 of the N 1/2 of the SW 1/4?
10 acres
20 acres
40 acres
160 acres
Which of the following would NEVER be included as part of a legal description?
Lot and block
Metes and bounds
Range or township
Street address
“Beginning at the SE corner of the intersection of Olive and 270; thence south 350 feet; thence west 350 feet; thence north 400 feet; thence east 400 feet.” Is this an adequate legal description?
Yes. It is a good legal description of the land.
Yes. It is a good legal description because it contains feet.
No. Legal descriptions must have compass readings.
No. All legal descriptions must return to the POB.
How many acres are there in a 1/8 mile squared? (1/8 mile squared is the same as 1/8 mile times 1/8 mile)
5 acres
6 acres
8 acres
10 acres
Objects used by surveyors in locating a point of beginning for legal descriptions are
medians.
checks.
monuments.
ranges.
What is the starting point called in a metes and bounds description?
Marker
Check
Meridian
POB
A lot that measured 330′ x 198′ sold for $30,000. What was the cost per acre?
$10,000
$20,000
$25,000
$30,000
The description that follows contains how many acres? “The NE 1/4 of the NE 1/4 of Section 20.”
40 acres
160 acres
320 acres
640 acres
Because of the curvature of the earth, it is necessary to compensate for the changes in the lines through the use of
correction lines or checks.
tier lines.
township lines.
range lines.
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Which would be the best description of “culpable negligence?”
When the sales associate knew or should have known of a defect
When the sales associate is negligent in the care of his customer
When the sales associate makes a statement that he knows is false
When the broker doesn’t watch his sales associates when they perform their duties.
An unscrupulous investor completes a contract with a buyer to sell a property the investor does not own. What is true about the sale contract for this transaction?
It is voidable.
It must be in writing.
It is void.
It is illegal yet potentially enforceable.
The parties created a contract by stating terms for compliance. This is BEST described as
executed.
implied.
expressed.
executory.
A listing agreement could be terminated by all of the following situations EXCEPT which?
The house burns down.
The owners cancel the listing in order to contract with the buyer and sell directly.
The broker renounces the agreement.
The seller revokes the agreement.
What is an important legal feature of a contract?
It represents a “meeting of the minds.”
It must use precise wording in a document.
It is not voidable.
It can be created only by an attorney.
The Parol Evidence Rule most closely means
anything in writing takes precedence over oral or verbal agreements.
telephone recordings may be used as evidence in court.
Persons on parole cannot enter into a contract.
Parol contracts cannot be enforced.
An arrangement in which brokers pool their listings, and all commissions are divided between the listing broker, and the selling broker is
an open listing.
a multiple listing.
an exclusive agency listing.
an exclusive right-to-sell.
In order to be in compliance with the Statute of Frauds, a sales contract must be
in English.
in writing.
delivered.
recorded.
Which of the following disclosures are not required in a sales contract?
Lead-based paint
Radon gas
Utility costs
Building code violation
A listing that allows the owner to sell the property himself without being liable for a commission but which appoints only one broker to act as his sole agent is a(an)
sole listing.
open listing.
exclusive right-to-sell.
exclusive agency.
If an offer to purchase real property has been presented to a seller but NOT accepted, the offer
may be withdrawn by the buyer at any time.
must remain open until the seller responds.
may be withdrawn, only with the seller’s permission.
binds the buyer until the offer has expired.
An Exclusive Right-to-Sell has been signed. What BEST describes the type and status of this contract?
Unilateral executory
Bilateral executory
Unilateral executive
Bilateral executive
A good example of a bilateral contract is a sales contract. The seller promises to sell, and the buyer promises to buy. Executory means the contract is in process.
The term “procuring cause” refers to
the sales associate who first showed the property to the buyer.
a “single agent” for the buyer only.
the party who put the sale into effect.
the first person to turn the contract in to the seller.
When is a contract terminated?
After a cooling period
After both parties have signed it
After it is performed
After the parties agree to their respective promises
The primary purpose of a listing agreement is to
serve as a contract of employment between the seller and broker.
list all the improvements and amenities of the property.
serve as a guide for a sales contract.
serve as a contract between the buyer and the seller.
When is a purchaser said to have “equitable title?”
At the signing of the sales contract by the buyer
At the time of closing
Between the time of delivery and acceptance (notification) of the contract and the actual closing
At the time of the offer
The failure to perform provisions of a contract without a legal excuse is known as
an option.
a breach.
a novation.
an assignment.
There was an oral agreement for the sale of real estate. This contract would be
void and unenforceable.
valid and enforceable.
not valid because it did not meet Florida’s laws.
valid but unenforceable because of the Statute of Frauds.