Texas Real Estate Exam Prep

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The right of an owner to use water from a stream for personal use is called a(n):
a) emblement right
b) riparian right
c) littoral right
d) percolated right
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Terms in this set (67)
The right of an owner to use water from a stream for personal use is called a(n):
a) emblement right
b) riparian right
c) littoral right
d) percolated right
b) riparian right
The right to use water is forfeited and subject to appropriation if use of state water is willfully abandoned for a period of _____ years.
a) two
b) three
c) four
d) five
b) three
Per the Texas Water Code, all of the following are the property of the State EXCEPT:
a) natural streams and lakes
b) storm, flood, and rainwater of every river
c) water from under the land
d) every bay or arm of the Gulf of Mexico
c) water from under the land
Which agency is responsible for the legislative, executive, and judicial functions provided under the Texas Water Code?
a) Texas Water Development Board
b) Texas Commission in Environmental Quality
c) Texas Water Bank
d) Texas Water Trust
b) Texas Commission in Environmental Quality
The 30 inch rule as applied to water rights divides the country:
a) from north to south between the eastern areas that receive more than 30 inches inches of annual rainfall and the western that receive less than 30 inches of annual rainfall

b) from north to south between the western areas that receive more than 30 inches inches of annual rainfall and the eastern that receive less than 30 inches of annual rainfall

c) from west to east between the northern areas that receive more than 30 inches inches of annual rainfall and the southern that receive less than 30 inches of annual rainfall

d) from west to east between the southern areas that receive more than 30 inches inches of annual rainfall and the northern that receive less than 30 inches of annual rainfall
a) from north to south between the eastern areas that receive more than 30 inches inches of annual rainfall and the western that receive less than 30 inches of annual rainfall
Trees, cultivated perennial plants, and uncultivated vegetation are classified as:
a) fructus naturales
b) fructus industrials
c) emblements
d) appurtances
a) fructus naturales
The determination of what is a fixture includes all the following EXCEPT:
a) the method of annexation to the real estate
b) the fitness of adaptation to a particular use of the premises
c) the intention of the parties
d) the existence of a prior claim
d) the existence of a prior claim
The term "real estate" includes all of the following EXCEPT:
a) the right to use land
b) the right to the air above the land
c) the right to subsurface minerals
d) the right to use state water
d) the right to use state water
In determining whether an article of personal property has become a fixture, which of the following tests would NOT be applied?
a) the manner of attachment
b) the cost of the article
c) the adaptation of the article to the land
d) the existence of an agreement between the parties
b) the cost of the article
A Comprehensive Loss Underwriting Exchange may NOT be used to:
a) verify claims history of applicant
b) verify claims history of property
c) decline to insure a property
d) challenge inaccurate information
c) decline to insure a property
The assumption of a seller's existing insurance policy for a property is called: a) policy takeover b) policy suspension c) break in coverage d) policy cancellationa) policy takeoverWhich of the following types of insurance does a lender NOT require? a) fire coverage b) extended coverage c) liability coverage d) property coveragec) liability coverageMr. and Mrs. Marvin live in a community property state. Which of the following would most likely be considered their community property? a) property inherited by either spouse b) property conveyed as a gift to either spouse c) property purchased after marriage d) property owned by either spouse prior to marriagec) property purchased after marriageCommunity property laws are derived from legal concepts that have their origin in: a) Spanish law b) English common law c) American statutory law d) English parliamentary lawa) Spanish lawIn Texas, if two or more persons are named as owners and there is no specific indication as to how they are taking title, they are presumed to be: a) joint tenants b) tenants in common c) separate owners d) joint ownersb) tenants in commonIf any unity of joint tenancy is broken, the law will regard the estate as: a) tenancy by the entirety b) community property c) tenancy in common d) estate by severaltyc) tenancy in commonA tenant in common may NOT: a) claim a portion of the property for his own use b) convey his interest by will c) use his share of property as collateral for a mortgage loan d) sell his share without agreement of the other tenantsa) claim a portion of the property for his own useWhich of the following can be a joint tenant? a) corporation b) government entity c) human being d) artificial legal beingc) human beingAble, Baker, and Charles are all going to purchase an investment property as co-owners and will take title as joint tenants. Which is NOT true? a) all will acquire their interests at the same time b) each will receive a separate deed for his share c) all may have equal interest in the property d) all will enjoy equal rights of possessionb) each will receive a separate deed for his shareIs an agent protected from liability to disclose defects in a property by stating in writing that the property is being sold "as is"? a) yes, because the statement makes it clear that the purchaser is aware of all problems that might arise b) yes, because of the rule of caveat emptor c) no, because the agent may still be liable for having withheld material facts about the property d) no, because the purchaser waives any right to future claims by accepting the property "as is"c) no, because the agent may still be liable for having withheld material facts about the propertyA broker who misrepresents a property to a prospect may be subject to all of the following EXCEPT: a) loss of rights to the commission b) revocation of broker's license c) criminal prosecution d) civil action for damagesc) criminal prosecutionAny earnest money deposits paid by the purchaser: a) belong to the broker b) must be placed in a proper trust account c) belong to the seller d) must be placed in the purchaser's accountb) must be placed in a proper trust accountA broker may act as an agent for both both parties in a transaction only with the permission of: a) the property owner b) the real estate commission c) both parties d) the purchaserc: both partiesWhen a broker acts as an agent for both purchaser and seller in a transaction, this is identified as: a) agency by estoppel b) duel agency c) agency coupled with an interest d) agency by ratificationb) duel agencyFiduciary responsibilities of an agent to the principal include all of the following EXCEPT: a) faithful performance b) loyalty c) accounting for funds or property received d) provision of legal adviced) provision of legal adviceWhen an agent's authority arises from custom in the industry, it is identified as: a) implied authority b) ostensible authority c) customary authority d) conventional authoritya) implied authorityThe relationship of a real estate broker to the owner of a property listed for sale with the broker is that of a(n): a) general agent b) universal agent c) limited agent d) special agentd) special agentAn agent who is authorized to bind an employer in a trade or business is a(n): a) special agent b) general agent c) exclusive agent d) principal agentb) general agentWhen an agent is given the right to transact all types of matters on behalf of the principal, the agent serves as a: a) notary public b) third party c) universal agent d) special agentc) universal agentA country club has guest bedrooms available to guests and members for charge but not to the general public. Is this a violation of federal housing laws? a) yes, rental housing must be open to public b) yes, charging a fee constitutes commercial purpose c) no, club is exempt under the Fair Housing Act d) no, because this is not steering or blockbustingc) no, club is exempt under the Fair Housing ActAn agent is offered listing to owner that will not sell to certain national origins. The agent should: a) accept listing and leave rejections to the owner b) refuse to accept listing c) report owner to real estate department d) file complaint with HUD against ownerb) refuse to accept listingA person seeking enforcement of Civil Rights Act may do so buy filing: a) action in federal court b) complaint with US attorney General c) action in county court d) complaint with HUDa) action in federal courtA victim of discrimination in housing may seek enforcement of Fair Housing Act by the following means EXCEPT: a) filing complaint with HUD b) filing an action in federal court c) filing complaint with US Attorney General d) filing complaint with state real estate officed) filing complaint with state real estate officeWith regards to panic selling in a neighborhood for financial gain, all of the following are true EXCEPT: a) it is prohibited by Fair Housing Act of 1968 b) it is limited to fear of loss of value from changing racial composition of a neighborhood c) it is known as block busting d) the prohibition applies to real estate agentsb) it is limited to fear of loss of value from changing racial composition of a neighborhoodAn amendment to the Fair Housing Act of 1968, signed by the President in 1988 prohibits: a) discrimination of physical handicap b) different loan terms based on race or religion c) refusal to sell, rent, or negotiate with any person d) steering and blockbustinga) discrimination of physical handicapAll of the following are prohibited by Fair Housing Act of 1968, as amended, EXCEPT: a) discrimination in advertising b) denial of available housing because of religion c) discrimination in terms or conditions for sale or rent d) discrimination on the basis of aged) discrimination on the basis of ageThe Civil Rights Act of 1866 prohibits: a) racial discrimination b) steering c) blockbusting d) discrimination for any reasona) racial discriminationVera, a broker, was offered a rental listing by a homeowner who stated he would not rent property to a person with certain religious beliefs. Vera should: a) refuse to accept listing on these terms b) accept listing and have owner refuse offers from that religion c) accept listing and steer that religion to other properties d) file a complaint of discrimination against the ownera) refuse to accept listing on these termsArticle 10 of the National Association of REALTORS Code of Ethics speaks against which of the following? a) racial discrimination b) familial status c) economic discrimination d) gender identitya) racial discriminationThe Canons of Professional Ethics are promulgated by which of the following? a) National Association of REALTORS b) Texas Real Estate Commission c) Texas REALTORS d) National Real Estate Commissionb) Texas Real Estate CommissionWhich of the following promote ethical practices by ALL brokers and sales agents? a) Texas REALTORS Code of Ethics b) National Association of REALTORS Code of Ethics c) Texas Real Estate Commission Canons of Pro Ethics d) all of the aboveb) National Association of REALTORS Code of EthicsBrokers may not instruct another to directly or indirectly violate the License Act by contacting: a) the seller's agent b) the buyer's agent c) the broker's principal d) the broker's ownerc) the broker's principalBrokers must inform their principal if a broker receives material information related to all of the following transactions EXCEPT: a) to list real estate b) to buy or sell real estate c) to lease real estate d) to deliver an offerd) to deliver an offerSome license holders charge low fees and, by agreement, provide: a) no trust b) no loyalty c) no services d) no business judgementc) no servicesBroker responsibility in Texas is guided by which of the following rules? a) National Association of REALTORS b) Texas REALTORS c) Texas Real Estate Commission d) Real Estate License Actc) Texas Real Estate CommissionUnder a fiduciary relationship, a real estate broker must do all of the following EXCEPT: a) exhibit trust and honesty b) exercise good business judgement c) faithfully perform the agency agreement d) obtain the highest and best sale priced) obtain the highest and best sale priceAccording to the legislature, license holders must provide: a) minimum level of service b) maximum level of service c) minimum level of confidence d) maximum level of competencea) minimum level of serviceA fiduciary relationship is created when a broker: a) accepts a listing b) exhibits trust c) exercises competence d) accounts for all funds handleda) accepts a listingIn Texas, the requirement that a real estate agent hold a license is set by the: a) real estate commission b) legislature c) real estate director or commissioner d) governorb) legislatureFor a corporation to be granted a license as a broker: a) all officers must be licensed as brokers b) all stocker holders must be license holders c) the designated officer must be a licensed broker d) the sales agent may NOT hold office in the corporationc) the designated officer must be a licensed brokerA broker may share on a sale with any of the following EXCEPT: a) agent licensed in broker's employ b) broker licensed in another state c) broker licensed in same state d) agent licensed in same stated) agent licensed in same stateAn applicant for a sales agent's license in Texas must complete how many clock-hours in real estate core courses? a) 120 b) 180 c) 12 d) 30b) 180An applicant for a Texas brokerage license must complete: a) 60 hours of real estate core courses b) 900 hours of real estate related courses c) 20 hours of real estate core courses d) 900 hours of real estate core coursesd) 900 hours of real estate core coursesWhich of of the following is not a real estate license category? a) sales agent b) broker c) attorney-in-fact d) person who promotes the sale or real estatec) attorney-in-factA person who holds a real estate license is a: a) licensor b) license holder c) vestee d) vestorb) license holderAll of the following are examples of licensed brokers EXCEPT: a) corporation b) sales associate c) government body d) sole proprietorshipb) sales associateThe two levels of license under the Texas Real Estate License Act are: a) broker and appraiser b) salesman and appraiser c) salesman and agent d) broker and sales agentd) broker and sales agentAs measured from the north, an angular bearing of 135 degrees would be equivalent to which of the following in a surveyors description of the same angle? a) S 45 degrees W b) N 45 degrees W c) N 45 degrees E d) S 45 degrees Ed) S 45 degrees E1/60th of 1/60th of 1/360th of a circle is known as a a. degree b. minute c. second d. none of the abovec) secondThe term "point of beginning" refers to a. a permanent reference marker b. the first corner of the parcel to be surveyed c. a benchmark d. the intersection of a principal meridian with its base lineb) the first corner of the parcel to be surveyedAll of the following can be used as monuments to designate the corner of a parcel of land in the metes and bounds description of the land EXCEPT: a) an iron pipe in the ground b) a tree c) a fence corner d) a roof lined) a roof lineAll of the following land description methods can be used to identify a parcel of land by specifying its shape and boundaries EXCEPT: a) metes and bounds b) government survey c) recorded plot d) street addressd) street addressGoodwin, a surveyor, was called upon to make a metes and bounds survey of an irregularly shaped parcel of land. Which of the following statements would be correct? a) Goodwin could travel in either a clockwise or counterclockwise direction in making the survey b) Goodwin must always travel in a clockwise direction making the survey c) Goodwin could measure the angular bearings of all boundary lines from the north d) Goodwin could identify the centerline of the property as the point of the beginninga) Goodwin could travel in either a clockwise or counterclockwise direction in making the surveyA township is: a) six miles square b) one mile square c) six square miles d) one square milea) six miles square43,560 is the number of square feet in a(n): a) acre b) section c) township d) tiera) acreThe NW 1/4 of the NW 1/4 of the NW 1/4 of a section contains: a) 80 acres b) 10 acres c) 20 acres d) 40 acresb) 10 acresan assessor's parcel number is a. the final authority for the legal description of a parcel of land. b. often used as a legal description in a deed c. the number assigned to a parcel of land by the appraisal district d. the size of the parcel of land used for tax purposesc) the number assigned to a parcel of land by the appraisal district