Texas Real Estate Sales Agent — All Questions

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400 questions

Property & Ownership

A lender financing a home purchase will typically require the buyer to provide at closing:

  • a.a flood certificate for the home regardless of its location
  • b.a life insurance policy taken out on the seller
  • c.proof of a paid hazard (homeowner's) insurance policy✓
  • d.a written warranty covering the seller's used furniture

Lenders require evidence of a paid hazard (homeowner's) insurance policy to protect the collateral against loss. Flood insurance is required only when the property lies in a designated special flood hazard area.

Property & Ownership

In a Texas purchase with financing, two title policies may be issued. The distinction is that:

  • a.title insurance mainly covers future physical damage to the home in essentially every residential and commercial transaction alike
  • b.the lender's (mortgagee) policy protects the lender, while the owner's policy protects the buyer's equity✓
  • c.the owner's policy actually protects the real estate agent
  • d.both policies exclusively protect the seller of the property

A mortgagee (loan) policy protects the lender up to the loan balance, while an owner's policy protects the buyer's interest. Title insurance covers losses from covered pre-existing title defects, not future physical damage.

Property & Ownership

A Texas homeowner who believes the appraisal district has overvalued their home for tax purposes may:

  • a.sue TREC directly to recover money damages for the error
  • b.protest the appraised value before the county appraisal review board✓
  • c.demand that the seller issue a brand-new corrected deed
  • d.refuse to pay any property tax without facing any penalty according to the standard practice followed throughout the industry

Texas property owners may protest their appraised value to the county appraisal review board (ARB) by the statutory deadline. A successful protest can lower the taxable value and the resulting tax bill.

Property & Ownership

Compared with many other states, Texas funds local government by:

  • a.collecting a high state personal income tax on residents
  • b.charging a special statewide sales tax on every home sale according to the standard practice followed throughout the industry
  • c.assessing a federal land tax on all real property owners
  • d.relying heavily on local property (ad valorem) taxes, since Texas has no state personal income tax✓

Because Texas has no state personal income tax, local governments depend heavily on ad valorem property taxes to fund schools and services. This makes property tax rates and exemptions especially important to buyers.

Property & Ownership

To comply with fair housing law, a Texas property manager screening rental applicants must:

  • a.steer families with children toward ground-floor units only
  • b.reject applicants based on their national origin or religion
  • c.apply the same lawful rental criteria to all applicants regardless of protected class✓
  • d.prefer applicants without children to keep the property quieter

Fair housing law requires consistent, nondiscriminatory screening: the same lawful criteria (such as income and credit standards) must apply to everyone, regardless of race, familial status, national origin, or other protected classes.

Property & Ownership

A core duty of a Texas property manager to the owner is to:

  • a.pay for all major repairs out of the manager's own pocket
  • b.purchase the property outright if it fails to rent quickly
  • c.personally guarantee that the property will never have a vacancy
  • d.provide the owner with regular accounting reports of income and expenses✓

As the owner's agent, the property manager must account for funds and provide regular financial reports of income and expenses. The manager operates the property in the owner's best interest but does not guarantee results or pay the owner's expenses personally.

Property & Ownership

In a net lease, unlike a gross lease:

  • a.the landlord pays every single operating expense of the property
  • b.the tenant automatically becomes the owner after just one year
  • c.no rent whatsoever is charged to the tenant during the term
  • d.the tenant pays base rent plus some or all property expenses such as taxes, insurance, and maintenance✓

In a net lease the tenant pays base rent plus certain property expenses (taxes, insurance, and/or maintenance), which in a triple-net lease include all three. In a gross lease, the landlord covers most operating expenses out of the rent.

Property & Ownership

After applying the sales comparison, cost, and income approaches, an appraiser will:

  • a.reconcile the approaches by weighing their reliability to reach a final opinion of value✓
  • b.discard all three approaches and rely on the tax value instead
  • c.use only the single highest of the three value indications
  • d.simply average the three resulting numbers together every time in essentially every residential and commercial transaction alike

Reconciliation is the appraiser's analysis of the strengths and relevance of each approach to arrive at a final opinion of value. It is a weighing of reliability, not a mechanical average of the three figures.

Property & Ownership

Appraisers in the United States are generally required to follow USPAP, which stands for:

  • a.the United States Property Assessment Program run by the IRS
  • b.the Uniform Standards of Professional Appraisal Practice, the ethical and performance standards for appraisers✓
  • c.the Universal Sales Price Adjustment Protocol used in closings
  • d.the Underwriting Standards for Property Appraisal Lending by banks

USPAP sets the recognized ethical and performance standards for appraisers in the United States. Appraisals for federally related transactions must comply with USPAP.

Property & Ownership

A Texas sales agent prepares a comparative market analysis (CMA) primarily to:

  • a.help the seller set a competitive list price using recent comparable sales✓
  • b.determine the property's official tax assessment for the county
  • c.serve as a legal substitute for the buyer's home inspection
  • d.certify the property's value for a federally related mortgage loan unless the parties specifically negotiate a written exception beforehand

A CMA uses recent comparable sales and current market conditions to help an agent and seller choose a competitive list price. It is a pricing tool, not a certified appraisal or a substitute for an inspection.

Contracts

The TREC One to Four Family Residential Contract (Resale) is the promulgated form generally used for the sale of:

  • a.A brand-new home purchased directly from the builder before construction begins
  • b.Unimproved farm and ranch acreage that has no residential structures on it
  • c.A previously owned single-family home, duplex, triplex, or fourplex✓
  • d.Only large multi-tenant apartment complexes and mixed-use commercial towers

This TREC form is used for resale (previously owned) residential property of one to four units. New construction from a builder, unimproved land, and farm and ranch tracts each have their own separate promulgated forms.

Contracts

A buyer is purchasing a finished home directly from a builder in a completed subdivision. Which TREC promulgated form is generally appropriate?

  • a.The Farm and Ranch Contract, because the lot was formerly agricultural land
  • b.The New Home Contract (Completed Construction)✓
  • c.The One to Four Family Residential Contract (Resale), used for any home sale
  • d.The Residential Condominium Contract, used for all newly built dwellings

TREC promulgates a New Home Contract (Completed Construction) for a home already built and sold by the builder. The Resale form is for previously owned property, and condominium and farm and ranch sales use their own dedicated forms.

Contracts

When a buyer's purchase depends on obtaining a conventional, FHA, or VA loan from a third-party lender, the license holder attaches which TREC document to the contract?

  • a.The Non-Realty Items Addendum listing personal property conveyed with the home
  • b.The Third Party Financing Addendum✓
  • c.The Seller's Temporary Residential Lease authorizing the seller to remain after closing
  • d.The Addendum for Sale of Other Property by Buyer used for contingent sales

The Third Party Financing Addendum documents the loan type and gives the buyer the right to terminate if the specified financing is not approved. The other addenda cover unrelated matters such as leasebacks, contingent sales, and personal property.

Contracts

Under the termination option (option period) in the TREC residential contract, in exchange for the option fee the buyer receives:

  • a.The unrestricted right to terminate the contract for any reason within the option period✓
  • b.The right to occupy and move into the property immediately without paying rent
  • c.An automatic extension of the closing date for as long as the buyer wishes
  • d.A guarantee that the seller will complete every repair the buyer requests after inspection

The option fee buys the buyer an unrestricted right to terminate the contract for any reason during the negotiated option period, commonly used to complete inspections. It does not force repairs, grant occupancy, or extend closing.

Contracts

Under the current TREC residential contract, the buyer must generally deliver the earnest money and the option fee to the escrow agent within how many days after the effective date?

  • a.Within 30 days, the same deadline that applies to the buyer's loan application
  • b.Within 3 days after the effective date of the contract✓
  • c.Within 10 business days, excluding weekends and any federal holidays
  • d.There is no deadline, so the buyer may deliver both amounts any time before closing

The current TREC contract requires the buyer to deliver the earnest money and option fee to the escrow agent within 3 days after the effective date. Missing that deadline can be a default; exact timing rules are set by TREC and can change.

Contracts

The 'effective date' of a TREC residential contract is important because it:

  • a.Starts the countdown for time-sensitive periods such as the option period and financing deadlines✓
  • b.Determines the date the listing agreement between the seller and broker expires
  • c.Marks the day the deed is recorded in the county real property records
  • d.Is always the same as the closing date set out in the body of the contract

The effective date is the date of final acceptance and communication of the fully agreed contract, and it starts the clock for the option period, financing, and other performance deadlines. It is distinct from the closing date and the recording of the deed.

Contracts

A residential listing agreement between a seller and a broker is BEST described as:

  • a.A financing instrument that pledges the home as security for the broker's commission
  • b.An employment (agency) contract authorizing the broker to market and find a buyer for the property✓
  • c.A conveyance that transfers legal title to the broker and holds it until the property is finally sold to a qualified buyer
  • d.A unilateral promise by the buyer to purchase the property at a stated price

A listing agreement is an employment contract that creates an agency relationship, authorizing the broker to market the property and earn a commission. It does not transfer title, pledge the property, or bind a buyer.

Contracts

A buyer representation agreement is used primarily to:

  • a.Waive the buyer's right to inspect the property during the option period
  • b.Transfer the buyer's earnest money directly to the listing broker at the time of signing
  • c.Guarantee in writing that the buyer will qualify for a mortgage loan on any property
  • d.Establish an agency relationship in which the broker represents the buyer's interests✓

A buyer representation agreement creates an agency relationship in which the broker owes the buyer fiduciary duties and can negotiate on the buyer's behalf. It does not transfer earnest money, guarantee financing, or waive inspection rights.

Contracts

For a contract for the sale of Texas real estate to be enforceable under the statute of frauds, it must be:

  • a.In writing and signed by the party against whom enforcement is sought✓
  • b.Witnessed by two disinterested adults who are present when the parties sign
  • c.Notarized by a Texas notary and recorded in the county records within ten days
  • d.Reviewed and approved in advance by an attorney representing each party

The statute of frauds requires a contract conveying an interest in real estate to be in writing and signed by the party to be charged. Notarization, recording, attorney review, and witnesses are not required to make the agreement enforceable between the parties.

Contracts

An 'amendment' to a TREC residential contract is used when the parties want to:

  • a.Change an agreed term of the existing contract, such as price or repairs, after it is signed✓
  • b.Report the closed sale to the local appraisal district for property tax purposes
  • c.Cancel the contract entirely and release the earnest money back to the buyer
  • d.Add a completely unrelated second property to the same purchase transaction

The Amendment form lets the buyer and seller modify agreed terms of an existing contract, such as sales price, closing date, or repairs, with both parties' signatures. Termination and release of earnest money are handled by a separate form.

Contracts

In the TREC residential contract, the buyer's right to terminate if the property does not appraise for at least the sales price is typically addressed in the:

  • a.Non-Realty Items Addendum listing which fixtures and personal property convey
  • b.Seller's Temporary Residential Lease attached when the seller remains after closing
  • c.Homeowners Association Addendum disclosing mandatory membership and assessments
  • d.Third Party Financing Addendum, which governs the appraisal condition for a financed purchase✓

In a financed purchase, the appraisal (property approval) condition is part of the Third Party Financing Addendum, which lets the buyer terminate if the lender's required value is not met. The other addenda cover leasebacks, personal property, and HOA matters.

Contracts

A contract 'contingency' is BEST described as:

  • a.A clause that makes the entire contract void from the very moment it is signed
  • b.The commission amount the seller agrees to pay the listing and buyer brokerages
  • c.A condition that must be satisfied or waived before a party is obligated to close✓
  • d.A penalty automatically charged to whichever party is the first to breach the agreement

A contingency is a condition, such as financing, appraisal, or inspection, that must be met or waived for the contract to proceed to closing. If a valid contingency fails, the protected party may usually terminate without penalty.

Contracts

A buyer's offer to purchase becomes a binding contract at the moment:

  • a.The buyer signs and dates the offer, regardless of whether the seller has responded
  • b.The listing agent enters the property into the multiple listing service as pending
  • c.The title company opens an escrow file and orders the title commitment
  • d.The seller accepts the exact terms and that acceptance is communicated back to the buyer✓

A binding contract forms when the offeree accepts the offer's exact terms and that acceptance is communicated to the offeror. Signing an offer, changing the MLS status, or opening escrow does not by itself create the contract.

Contracts

An offeror generally may revoke an offer to purchase real estate:

  • a.Never, because a written real estate offer is irrevocable once it is delivered
  • b.Any time before the offeree communicates acceptance, unless the offer is an option supported by consideration✓
  • c.Only after waiting a full ten business days from the date the written offer was first delivered to the other party
  • d.Only with the written permission of the listing broker handling the transaction

An offer may generally be revoked any time before the offeree accepts and communicates that acceptance. An exception is an option contract, where separate consideration keeps the offer open for the agreed period.

Contracts

The 'consideration' element of a valid purchase contract refers to:

  • a.Something of legal value that each party gives or promises, such as money for the property✓
  • b.The careful thought the buyer gives before deciding to submit an offer
  • c.The appraiser's professional opinion of the property's current fair market value, based on comparable recent sales
  • d.The polite and professional way each party treats the other during negotiations

Consideration is the bargained-for exchange of legal value, such as the buyer's promise to pay money and the seller's promise to convey title. It is a required element for an enforceable contract.

Contracts

A contract induced by one party's intentional false statement of a material fact that the other party reasonably relies on may be:

  • a.Automatically enforced against both parties because it was signed voluntarily
  • b.Converted into an option contract for the benefit of the innocent party
  • c.Voidable by the innocent party because of fraud in the inducement✓
  • d.Treated as fully executed the moment the misrepresentation is discovered

Fraud in the inducement makes a contract voidable at the option of the innocent party, who may rescind and seek damages. A contract based on fraud is not automatically enforced against the defrauded party.

Contracts

The TREC residential contract's default paragraph generally gives the non-defaulting SELLER, when the buyer defaults, the right to:

  • a.Force the buyer's lender to fund the loan despite the buyer's refusal to close
  • b.Terminate and receive the earnest money as liquidated damages, or seek to enforce specific performance✓
  • c.Require the buyer's real estate agent to personally pay the seller's lost profit
  • d.Automatically keep the buyer's earnest money and also collect triple that amount as a penalty

On buyer default, the seller may typically terminate and receive the earnest money as liquidated damages or pursue specific performance, as provided in the contract's default paragraph. The remedies do not include treble penalties or forcing a lender to fund.

Contracts

'Specific performance' is a particularly meaningful remedy in real estate contracts because:

  • a.Each parcel of land is considered unique, so money damages may not fully compensate the buyer✓
  • b.It allows the defaulting party to walk away by simply forfeiting the earnest money deposit
  • c.It automatically doubles the amount of monetary damages the injured party can recover
  • d.It requires the losing party to pay all of the winning party's attorney fees and court costs in every single case

Because real property is legally treated as unique, courts may order specific performance so the buyer actually receives the bargained-for parcel rather than mere money damages. It is an equitable remedy compelling the party to perform as promised.

Contracts

When a seller accepts a buyer's offer but changes the closing date and returns it signed, the seller has made:

  • a.An assignment of the contract to the buyer's lender for funding
  • b.A valid acceptance, because changing the closing date is never considered a material term
  • c.A counteroffer, which the buyer may accept, reject, or counter in turn✓
  • d.A binding option contract that keeps the original offer open for thirty days

Changing a material term such as the closing date rejects the original offer and creates a counteroffer. No binding contract exists until one party accepts the other's terms without material change.

Contracts

A general warranty deed differs from a special warranty deed in that the general warranty deed:

  • a.Is used exclusively to move property between spouses as part of a divorce or estate-planning settlement arrangement
  • b.Warrants title against defects arising at any time, even before the grantor owned the property✓
  • c.Must always be signed by both the grantor and the grantee to be valid
  • d.Transfers only the interest the grantor happens to own, with no promises about title

A general warranty deed warrants title against all defects, including those predating the grantor's ownership, giving the grantee the broadest protection. A special warranty deed covers only defects arising during the grantor's period of ownership.

Contracts

The clause in a deed that defines the extent of the ownership interest being conveyed, such as 'to have and to hold,' is the:

  • a.Defeasance clause, which cancels a lien once the underlying debt is paid
  • b.Acceleration clause, which lets a lender demand the full balance on default
  • c.Habendum clause✓
  • d.Subordination clause, which changes the priority order of competing liens

The habendum clause, beginning 'to have and to hold,' describes the extent and type of ownership interest granted. Acceleration, defeasance, and subordination clauses are features of financing instruments, not the granting portion of a deed.

Contracts

For a deed to transfer title, 'delivery and acceptance' generally means the deed must be:

  • a.Delivered by the grantor with intent to convey and accepted by the grantee during the grantor's life✓
  • b.Signed by the grantee and returned to the grantor to confirm the grantee agrees
  • c.Physically handed to the grantee's attorney rather than to the grantee in person
  • d.Mailed to the county clerk and stamped as officially recorded before it has any effect

Title passes when the grantor delivers the deed intending to convey and the grantee accepts it, typically while the grantor is alive. Recording is not required for a valid transfer between the parties, and the grantee need not sign the deed.

Contracts

A title commitment issued by a title company before closing primarily tells the buyer:

  • a.The monthly principal and interest payment the buyer will owe after closing
  • b.The conditions under which the title company will insure title, including exceptions and required items✓
  • c.The exact price the seller originally paid when the seller first acquired the property
  • d.A guaranteed appraised value that the lender will accept for loan approval

A title commitment sets out the terms and exceptions under which the title company will issue a policy, disclosing liens, easements, and requirements that must be resolved. It is not a purchase-price history, an appraisal, or a loan payment schedule.

Contracts

A 'cloud on title' refers to:

  • a.A temporary weather-related delay that postpones the scheduled closing date
  • b.A claim, lien, or defect that may impair or call into question the owner's title✓
  • c.An appraisal that comes in below the agreed sales price of the property
  • d.The lender's requirement that the buyer purchase private mortgage insurance

A cloud on title is any claim, encumbrance, or apparent defect, such as an old lien or a break in the chain of title, that could impair marketable title. It is often resolved through a release, correction, or a quitclaim deed.

Contracts

'Marketable title' is BEST described as title that is:

  • a.Guaranteed by the seller to be completely free of every possible easement forever
  • b.Certified personally by the real estate sales agent handling the transaction
  • c.Automatically transferred to the buyer as soon as the offer is accepted
  • d.Reasonably free from doubt and defects so that a prudent buyer would accept it✓

Marketable title is title reasonably free from doubt, defects, or the threat of litigation, such that a well-informed buyer would accept it. It need not be perfect, but it must not expose the buyer to unreasonable risk.

Contracts

In the TREC contract, if the buyer terminates during the option period, the earnest money is generally:

  • a.Forfeited to the seller as liquidated damages for the failed transaction
  • b.Refunded to the buyer, while the seller keeps the separately negotiated option fee✓
  • c.Split evenly between the buyer and the seller regardless of who terminated
  • d.Paid entirely to the listing broker to compensate for lost marketing time

A timely termination during the option period entitles the buyer to a refund of the earnest money, while the option fee is generally retained by the seller as consideration for the option. The option gives the buyer the right to walk away for any reason.

Contracts

An 'executory contract' is one in which:

  • a.One or more obligations remain to be performed, such as before closing occurs✓
  • b.The seller has executed the deed but the buyer has refused to accept it
  • c.Both parties have already fully performed every obligation, and nothing remains to be done
  • d.The contract has been declared void by a court and has no further legal effect

An executory contract still has performance remaining by one or both parties, as in the period between signing and closing. Once all obligations are performed, the contract is described as executed.

Contracts

A seller and buyer sign a contract, then later mutually agree in writing to cancel it and return the parties to their pre-contract positions. This is:

  • a.Subrogation, substituting one party's legal claim in place of another's
  • b.Specific performance, in which a court compels the parties to complete the sale
  • c.Assignment, transferring the buyer's rights to a third party who will close instead
  • d.Rescission, unwinding the contract by mutual agreement of the parties✓

Rescission cancels the contract and, by mutual agreement, restores the parties to their positions before they contracted. It differs from assignment, specific performance, and subrogation, which serve entirely different purposes.

Contracts

The Addendum for 'Sale of Other Property by Buyer' is used when:

  • a.The buyer's purchase is contingent on first selling the buyer's current home✓
  • b.The parties need to list which appliances and personal items convey with the home
  • c.The seller wants to remain in the home under a short-term lease after closing
  • d.The property is subject to a mandatory homeowners association and dues

This addendum makes the buyer's obligation contingent on the sale of the buyer's other property and lets the seller continue marketing under agreed terms. Leasebacks, personal property, and HOA matters are handled by separate addenda.

Contracts

The Seller's Temporary Residential Lease in a TREC transaction is used when:

  • a.The property will be rented to a third-party tenant for a full one-year term
  • b.The seller will remain in the property for a short period after closing as a tenant✓
  • c.The buyer needs to move into the property several days before the closing date
  • d.The buyer wishes to sublease the property to another buyer before closing

A seller's temporary residential lease lets the seller stay in the home for a short period (typically no more than 90 days) after closing as a tenant of the new owner. A separate buyer's temporary lease covers early buyer possession before closing.

Contracts

A license holder who is not an attorney fills in the blanks on a promulgated TREC contract. Adding a paragraph the license holder personally drafts to create a new legal right would most likely be:

  • a.A minor clerical issue that carries no professional or legal consequences at all
  • b.Required by TREC whenever the standard form does not exactly fit the transaction
  • c.Perfectly acceptable, since license holders may draft any contract language they wish
  • d.The unauthorized practice of law, which license holders are prohibited from doing✓

Drafting original contract provisions that define legal rights is the practice of law and is prohibited for non-attorney license holders, who may only complete blanks on promulgated forms. Unusual terms should be referred to an attorney.

Contracts

The 'earnest money' and the 'option fee' in a TREC residential contract are:

  • a.Both always non-refundable to the buyer under every possible circumstance
  • b.Identical payments that are simply given two different names on the same line
  • c.Separate amounts serving different purposes, with the option fee buying the right to terminate✓
  • d.Both paid directly to the listing agent as an advance on the sales commission

Earnest money is a good-faith deposit generally credited at closing, while the option fee is separate consideration that purchases the buyer's unrestricted right to terminate during the option period. They are distinct amounts with distinct purposes.

Contracts

A deed must identify the grantee with reasonable certainty because:

  • a.The county will not assign the property an address without the grantee's full name
  • b.The listing broker must know the grantee's name to release the earnest money
  • c.The grantee's name determines the amount of property tax that will be owed
  • d.A deed naming no identifiable grantee is generally void and conveys no title✓

A valid deed must name or clearly identify a grantee; a deed with no ascertainable grantee is void and passes no title. Naming the grantee is a fundamental requirement for a valid conveyance.

Contracts

A 'legal description' in a deed or contract is important because it:

  • a.Lists all of the personal property and appliances that will convey with the home
  • b.Identifies the exact parcel of land being conveyed, using a legally recognized method✓
  • c.Describes the physical condition of the improvements and any needed repairs
  • d.States the current market value of the property for the lender's underwriting file

A legal description precisely identifies the parcel using a recognized method such as metes and bounds, lot and block, or the rectangular survey system. A street address alone is generally insufficient for a conveyance.

Contracts

The lot-and-block (recorded plat) method of legal description is MOST commonly used for:

  • a.Large rural ranches described by natural landmarks and directional bearings
  • b.Government-owned land parceled out under the rectangular survey system
  • c.Condominium air-space units defined by their vertical elevation only
  • d.Lots in a recorded subdivision plat filed in the county real property records✓

The lot-and-block method references a subdivision plat recorded in the county records, identifying a parcel by its lot and block numbers. Metes and bounds and the rectangular survey system are used for other situations, such as irregular or rural tracts.

Contracts

A buyer discovers, after the option period ends, that the seller knew about and concealed a serious foundation defect not disclosed in the Seller's Disclosure Notice. The buyer may have a claim for:

  • a.A commission refund from the buyer's own agent for failing to find the defect
  • b.Nothing, because the option period has ended and all seller duties have expired
  • c.Misrepresentation or fraud, because the seller concealed a known material defect✓
  • d.Automatic cancellation of the buyer's mortgage by the lender at no cost

A seller who knowingly conceals a material defect can be liable for misrepresentation or fraud even after the option period, because the duty to disclose known material defects is not erased by an 'as-is' clause. The buyer may seek remedies such as damages or rescission.

Contracts

A 'bilateral' purchase contract is distinguished from a 'unilateral' contract in that a bilateral contract:

  • a.Consists of a mutual exchange of promises that binds both parties to perform✓
  • b.Requires only one party to make a promise, which the other accepts by an act
  • c.Never requires any consideration to pass between the contracting parties
  • d.Must always be recorded in the county records before it becomes effective

A bilateral contract, like a typical purchase agreement, is a promise for a promise binding both parties. A unilateral contract is a promise exchanged for an act, such as an open listing where the broker earns a commission only by producing a buyer.

Contracts

If a buyer assigns the purchase contract to a third party but the contract contains no release of the original buyer, the original buyer generally:

  • a.May remain secondarily liable to the seller if the assignee fails to perform✓
  • b.Forfeits the earnest money to the assignee as a fee for taking the contract
  • c.Is fully released from all obligations the moment the assignment is signed
  • d.Automatically becomes the seller's agent for the remainder of the transaction

A mere assignment transfers the buyer's rights but does not by itself release the original buyer from liability; that release requires a novation. Without a novation, the original buyer can remain secondarily liable if the assignee defaults.

Contracts

'Liquidated damages' in a real estate contract are:

  • a.An amount the parties agree in advance will be the damages if a party defaults✓
  • b.The actual out-of-pocket losses proven in court after a lengthy trial
  • c.The interest a lender charges when a borrower makes a payment late
  • d.A cash bonus voluntarily paid to the listing broker as a reward for closing the transaction unusually quickly

Liquidated damages are a sum the parties fix in advance as the measure of damages for a breach, often the earnest money in residential contracts. They avoid the need to prove actual damages in court.

Contracts

Which of the following would MOST likely make a real estate contract void rather than merely voidable?

  • a.One party signed while under significant but lawful economic pressure
  • b.One party was induced to sign by the other party's fraudulent statements
  • c.The stated purpose of the contract is an illegal activity prohibited by law✓
  • d.One party was a minor at the time both parties signed the agreement

A contract with an illegal purpose is void from the outset because courts will not enforce an unlawful agreement. Contracts involving a minor, fraud, or duress are typically voidable at the option of the protected party, not automatically void.

¿Qué tan difícil es el examen?

El examen de agente de ventas de TREC (Texas) tiene una parte nacional (80 preguntas calificadas) y una parte de Texas (40 calificadas), que se aprueban por separado —56 de 80 y 28 de 40 correctas— en 240 minutos en total a través de Pearson VUE. Los agentes de bienes raíces ganan una mediana de unos $56,320 al año (BLS, mayo 2024).

Horas de estudio recomendadas
Estudia por separado la parte nacional y la de Texas; planifica semanas de repaso y práctica cronometrada para cada una.
Tasa de aprobación
TREC sí publica tasas de primer intento —definidas como aprobar en el primer intento tanto la parte nacional como la estatal— pero solo por proveedor de formación, y la tabla se genera bajo demanda en vez de darse como cifra estatal. No obtuvimos una cifra estatal, así que no damos ninguna. El “alrededor de 57%” que circula no es una publicación de TREC.Fuente: TREC — Provider Exam Passage Rates for Sales Agents and Brokers
Por dónde empezar
Principios de Bienes Raíces, Ley de Agencia y Contratos son las áreas más pesadas — el núcleo de la parte nacional.

Las tarifas y los salarios son aproximados y cambian con el tiempo. La tasa de aprobación de arriba se cita de la fuente enlazada junto a ella, para el periodo que esa fuente cubre; cuando no hemos verificado una fuente, lo decimos y no damos ninguna cifra.

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