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質問 # 25
A seller has listed a home with a broker for $112,000. The seller is leaving for a 45-day cruise midway through the listing period and authorizes the broker through a limited power of attorney to accept any offer of all cash at a price of $108,000 or more pending his return. The broker receives an offer for $110,000 all cash.
The broker
- A. may sign a deed of conveyance if the seller does not return on time.
- B. must forward the offer to the seller's attorney for consideration.
- C. may not accept the offer until the seller returns.
- D. may accept the offer.
正解：D
解説：
The New Jersey Real Estate Commission rules clarify that brokers typically have no power to accept offers on behalf of the owner without authorization. However, in this case, the seller granted a limited power of attorney expressly authorizing the broker to accept all-cash offers of $108,000 or more.
A (may not accept) is incorrect because the authorization is clear.
B (forward to attorney) is not required since the broker has direct authority.
D (sign deed of conveyance) is beyond the broker's authority; only the seller can convey title unless a formal attorney-in-fact arrangement authorizes deed execution, which was not given here.
Therefore, the correct answer is C.
Reference: NJ Real Estate Salesperson Study Guide, Agency Agreements & Fiduciary Duties; NJ Contract Law principles regarding limited power of attorney.
質問 # 26
An applicant for a real estate salesperson's license must apply for the issuance of the license within:
- A. one year from the date of beginning the prelicensure education course
- B. one year from the date of passing the state licensing examination
- C. 30 days after accepting an offer of employment from a licensed real estate broker
- D. one year from the date of completion of the prelicensure education course
正解：D
解説：
Under the New Jersey Real Estate Licensing Law, an applicant must:
Complete the 75-hour prelicensure education course.
Pass the state examination.
Apply for licensure within one year from the date of completing the prelicensure course.
If application is not made within one year of course completion, the course must be retaken.
Reference: N.J.S.A. 45:15-9; NJ Real Estate Salesperson Pre-Licensure Course Guide, Licensing Requirements section.
質問 # 27
If a salesperson or broker-salesperson maintains a webpage that is not linked to the webpage of their broker, the licensee's webpage must display the name of the broker as well as the
- A. address of the branch office from which the licensee operates.
- B. broker's telephone number.
- C. broker's email address.
- D. address of the broker's main office.
正解：D
解説：
Under NJREC advertising rules (N.J.A.C. 11:5-6.1), any licensee maintaining an independent website (not directly linked to the broker's official site) must clearly and prominently display:
The name of their employing broker, and
The main office address of the broker.
This ensures the public understands the licensee works under a supervising broker, and prevents misleading advertising. It is not sufficient to only list a branch office or email.
Therefore, the correct answer is C.
Reference: NJREC Rules and Regulations, N.J.A.C. 11:5-6.1 (Advertising Requirements).
質問 # 28
Which of the following is a radioactive odorless gas which may require mitigation?
- A. radon
- B. formaldehyde
- C. carbon monoxide
- D. asbestos
正解：A
解説：
Radon is a naturally occurring, colorless, tasteless, and odorless radioactive gas formed from the natural breakdown of uranium in soil and rock. It can accumulate in basements and lower levels of homes.
The New Jersey Department of Environmental Protection (NJDEP) identifies radon as a serious environmental hazard. Testing and mitigation systems (such as sub-slab ventilation) are required in certain areas of New Jersey where radon levels are high.
Asbestos is a fibrous mineral linked to lung disease but is not radioactive.
Formaldehyde is a chemical used in building materials but is not radioactive.
Carbon monoxide is a deadly, odorless gas from combustion, but again not radioactive.
Therefore, the correct answer is A (radon).
Reference: NJ Real Estate Salesperson Pre-Licensure Course Guide, Chapter on Environmental Issues; NJDEP Radon Awareness Statutes.
質問 # 29
Under New Jersey Real Estate Commission rules, a licensee's obligations to the public include all of the following responsibilities EXCEPT:
- A. accepting any reasonable commission offered by a seller in the course of negotiating a listing agreement
- B. disclosing material defects in a property to a prospective purchaser
- C. protecting and promoting the interests of the licensee's principal when acting as an agent
- D. dealing honestly with all parties
正解：A
解説：
According to NJREC Rules (N.J.A.C. 11:5-6.3 and 11:5-6.4), obligations to the public include:
Dealing honestly and fairly with all parties.
Disclosing material defects known to the licensee.
Protecting and promoting the interests of the principal when acting as agent.
There is no requirement that a licensee must accept "any reasonable commission" offered. Commission rates are always negotiable and must be agreed upon voluntarily.
Correct answer = A.
Reference: NJREC Rules and Regulations; NJ Real Estate Salesperson Study Guide, Chapter on Fiduciary Duties.
質問 # 30
A landlord may require that a disabled tenant
- A. pay an additional fee for using the swimming pool to cover the added insurance cost.
- B. not install grab bars in the tile shower if drilling holes in the tile is required.
- C. pay double the usual $500 security deposit.
- D. remove the wheelchair ramp from the apartment upon vacating the unit.
正解：D
解説：
Under the Federal Fair Housing Act (as applied in New Jersey), landlords must permit disabled tenants to make reasonable modifications to the premises at the tenant's expense, such as installing ramps or grab bars.
However:
The landlord cannot charge additional fees (answers A and B are discriminatory).
The landlord cannot prohibit installation of necessary accessibility aids (answer D is illegal).
The landlord can require the tenant to restore the property to its original condition upon vacating, which includes removing modifications such as ramps if they were installed.
Therefore, the correct answer is C.
Reference: NJ Real Estate Salesperson Pre-Licensure Course Guide, Chapter on Fair Housing; Federal Fair Housing Act, Title VIII.
質問 # 31
A deposit check from a buyer paid upon the submission of an offer may be held without being deposited into the broker's escrow account:
- A. for no more than five business days after the termination of the attorney review period
- B. until negotiations are concluded and the seller has accepted the offer
- C. until all inspections required by the contract have been performed
- D. for no more than five business days after receipt of the money
正解：A
解説：
According to NJREC Rules (N.J.A.C. 11:5-5.1):
Earnest money deposits must be placed in the broker's escrow (trust) account "promptly".
However, if the parties agree, a check may be held un-deposited until the end of the three-day attorney review period.
Once attorney review is concluded, the check must be deposited within five business days.
Correct answer = D.
Reference: NJREC Rules and Regulations, N.J.A.C. 11:5-5.1; NJ Real Estate Salesperson Study Guide, Chapter on Trust Accounts and Escrow Handling.
質問 # 32
Who may give a supportable opinion of market value to be used in seeking a federally-related loan to finance a real estate transaction?
- A. a licensed real estate broker
- B. a Certified Public Accountant
- C. any real estate licensee, in each state in which the licensee is licensed
- D. a certified appraiser
正解：D
解説：
For federally-related transactions (most residential loans regulated by federal agencies), the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA, 1989) requires an appraisal by a state- licensed or certified appraiser.
Brokers and salespersons may prepare CMAs (Comparative Market Analyses) or BPOs, but these are not acceptable for federally-related loans.
Correct answer = A.
Reference: FIRREA (1989); NJ Real Estate Salesperson Study Guide, Chapter on Appraisal and Valuation.
質問 # 33
A salesperson is convicted of a crime which involved activities as a real estate licensee. The Commission obtains a certified copy of the judgment of conviction against the salesperson. According to the New Jersey Real Estate License Law, the Commission MUST:
- A. notify the salesperson's employing broker of the circumstances pertaining to the conviction
- B. suspend the salesperson's license
- C. determine, at its discretion, what disciplinary action to take against the salesperson
- D. revoke the salesperson's license
正解：C
解説：
Under N.J.S.A. 45:15-17, the New Jersey Real Estate Commission (NJREC) has discretionary authority to determine appropriate disciplinary action when a licensee is convicted of a crime related to their licensed activities.
The Commission may choose to suspend, revoke, or otherwise discipline the licensee depending on circumstances.
It is not automatic that the license must be revoked or suspended; the Commission evaluates the case.
Correct answer = C.
Reference: NJ Real Estate Licensing Law, N.J.S.A. 45:15-17; NJ Real Estate Salesperson Study Guide, Chapter on Disciplinary Actions.
質問 # 34
The heir to a large estate will be of legal age within 30 days. The heir lists for sale with a broker one of the properties held by the estate. The broker knows of a buyer for the property and sells it within 24 hours of listing, with closing to be in 45 days. Both listing and sale contracts are:
- A. executed
- B. voidable
- C. fulfilled
- D. executory
正解：B
解説：
Contracts signed by a minor (or someone not of legal age) are considered voidable at the option of the minor.
They are not void, because the minor may affirm the contract upon reaching legal age.
Executory = contract obligations not yet completed.
Executed = all obligations fully performed.
Since the heir is under legal age at signing, the contracts are voidable.
Correct answer = C.
Reference: NJ Real Estate Salesperson Study Guide, Chapter on Contracts (Void, Voidable, Executed, Executory).
質問 # 35
Which of the following items would be prorated at closing with the credit going to the seller?
- A. earnest money
- B. prepaid property taxes
- C. unearned rent collected in advance
- D. accrued interest on an assumed mortgage
正解：B
解説：
Prepaid items (like property taxes already paid by seller) are prorated at closing, with the buyer reimbursing the seller for the period after closing. The credit therefore goes to the seller.
Accrued interest is typically credited to the buyer (since the seller owes it).
Earnest money is applied to buyer's costs, not prorated.
Unearned rent collected in advance is credited to the buyer, since the seller must pass future rent benefit to the buyer.
Correct answer = B.
Reference: NJ Real Estate Salesperson Study Guide, Chapter on Closings and Prorations.
質問 # 36
A buyer's agent is NOT permitted to tell a buyer that:
- A. the seller is willing to accept less than the listing price because of financial circumstances
- B. the property was the scene of a serious crime
- C. a former occupant of a property had AIDS
- D. the roof leaked recently but was patched by the owner
正解：C
解説：
Under federal Fair Housing Law (1988 Amendments) and NJ Law Against Discrimination:
Licensees are prohibited from disclosing that a property was occupied by someone with HIV/AIDS. Such disclosure is considered discrimination against persons with disabilities.
Material defects (e.g., roof leaks) must be disclosed.
Stigmatized property issues (e.g., crime scenes) do not legally require disclosure in NJ, but agents may discuss if asked.
Disclosing the seller's willingness to accept less is allowed only with the seller's consent.
Correct prohibited disclosure = B.
Reference: Fair Housing Amendments Act (1988); NJ Law Against Discrimination; NJ Real Estate Salesperson Study Guide, Chapter on Fair Housing and Disclosure.
質問 # 37
A Seller's Property Disclosure form states that there are no known material defects with the property, but the listing licensee is aware of asbestos wrapped duct pipes in the basement. The licensee should:
- A. suggest to the seller wrap the pipes to contain potential airborne contamination.
- B. disclose the existence of asbestos to all potential buyers.
- C. suggest the buyers have a home inspection and leave discovery up to the inspector.
- D. ask the seller's permission to disclose and abide by the seller's wishes.
正解：B
解説：
Under New Jersey Real Estate License Law and NJREC disclosure rules:
Licensees must disclose all known material facts about a property to potential buyers, regardless of what the seller states.
Asbestos is considered a material defect and a potential environmental hazard.
Licensees cannot withhold disclosure, nor leave it solely to inspectors.
Thus, the licensee must disclose the asbestos.
Reference: NJREC Rules and Regulations, N.J.A.C. 11:5-6.4; NJ Real Estate Salesperson Study Guide, Chapter on Disclosure of Material Defects.
質問 # 38
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?
- A. owner willing to finance
- B. buy for less than $650 per month
- C. assumable loan
- D. FHA and VA financing available
正解：B
解説：
Under the Truth in Lending Act (Regulation Z), advertising is regulated to prevent misleading credit offers.
If an ad uses "triggering terms" (such as monthly payment amount, interest rate, down payment, or loan term), then full disclosure of all financing terms must be provided.
"Buy for less than $650 per month" is a triggering term because it specifies a monthly payment.
General terms like "assumable loan," "owner financing," or "FHA/VA available" are permissible without full disclosure.
Correct answer = D.
Reference: Truth in Lending Act (TILA), Regulation Z; NJ Real Estate Salesperson Study Guide, Chapter on Financing and Advertising Rules.
質問 # 39
The feature that most distinguishes a joint tenancy from a tenancy in common is
- A. right of transfer.
- B. undivided interests.
- C. right of survivorship
- D. unity of possession.
正解：C
解説：
Both joint tenancy and tenancy in common involve co-ownership where each co-owner holds an undivided interest and shares the right of possession. The distinguishing feature is the right of survivorship present in a joint tenancy: upon the death of one joint tenant, their interest automatically passes to the surviving joint tenants rather than being inheritable by heirs.
A (undivided interests) and B (unity of possession) exist in both forms of ownership.
D (right of transfer) also applies to both, since owners may sell or transfer their interest.
Only C (right of survivorship) uniquely characterizes joint tenancy.
(Reference: NJ Real Estate Salesperson Pre-Licensure Course Study Guide, Ownership Interests in Real Estate-Joint Tenancy vs. Tenancy in Common.)
質問 # 40
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