District of Columbia Real Estate Broker Exam — All Questions
3 questions
The District's Tenant Opportunity to Purchase Act (TOPA) generally requires that, before certain rental housing is sold, the owner must:
- a.Evict all tenants first
- b.Give qualifying tenants notice and an opportunity to purchase the property✓
- c.Pay each tenant a relocation bonus
- d.Sell only to a government agency
TOPA gives tenants of covered rental housing the right to receive notice of a sale and an opportunity to purchase the property, often with a right of first refusal, before the owner can sell to a third party. It is one of the most distinctive features of DC real estate practice. Brokers handling rental or multi-unit sales must account for TOPA notice and timing requirements or the transaction can be delayed or invalidated.
A broker representing the seller of a tenant-occupied DC building should recognize that failing to follow TOPA can:
- a.Only affect the buyer's financing
- b.Be cured after closing with no consequence
- c.Increase the sale price automatically
- d.Delay or invalidate the sale and expose the parties to legal claims✓
Because TOPA gives tenants enforceable rights, skipping the required notice and opportunity-to-purchase steps can delay a closing, unwind a sale, or lead to tenant lawsuits. A broker must ensure the seller provides proper TOPA notices and honors the tenants' response windows. This is a core DC-specific competency the broker exam tests.
Under TOPA, when a tenant receives a valid offer of sale, the tenant typically has:
- a.A statutory time period to respond and negotiate or assign the right to purchase✓
- b.No time to respond at all
- c.The right to occupy the unit rent-free permanently
- d.Automatic ownership of the property
TOPA gives the tenant a defined statutory period to respond to the owner's offer of sale, negotiate a contract, and in some cases assign the purchase right (for example, to a developer or housing organization). The exact time frames depend on the number of units. TOPA does not give free occupancy or automatic ownership; it gives a structured chance to buy that the owner must honor.