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North Carolina Real Estate Commission NC Real Estate Broker National Sample Questions (Q110-Q115):
NEW QUESTION # 110
A property owner gave a five-acre parcel of land to a church as long as the church does not build a parking lot on it. What kind of estate does the church have for this property?
- A. Defeasible fee estate
- B. Life estate pur autre vie
- C. Conventional life estate
- D. Fee simple absolute
Answer: A
Explanation:
A defeasible fee estate (specifically, a fee simple determinable or fee simple subject to a condition subsequent) is one that may be voided if a specific condition is violated or a required event does not occur. In this case, the condition is that the church cannot build a parking lot. If it does, ownership may revert to the grantor. Therefore, the correct answer is B.
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NEW QUESTION # 111
A North Carolina broker with RealtyOne is working for a buyer client to find a home. They find a home listed with RealtyTwo and submit an offer on Wednesday afternoon. The listing agent presents the offer to the seller on Thursday. The seller signs the offer with no changes and returns it to the listing agent on Thursday evening. Friday morning, the listing agent calls the RealtyOne broker and states the seller has signed and accepted the buyer's offer. The RealtyOne broker receives the signed documents on Saturday. On Sunday morning, the RealtyOne broker meets with their buyer client, informs them of the acceptance, and delivers the signed documents to them. When did the parties form a valid and binding contract?
- A. Thursday evening when the seller informed the listing agent of their acceptance
- B. Thursday when the seller signed the contract
- C. Friday morning when the acceptance was communicated to the RealtyOne broker
- D. Sunday when the buyer was informed of the acceptance and received the signed documents
Answer: C
Explanation:
Under North Carolina contract law, a real estate contract becomes binding at the moment the final acceptance is communicated to the offering party (or their agent). In this case, that happened on Friday morning when the listing agent communicated the seller's acceptance to the buyer's broker. Delivery of the documents is not required for formation of the contract; communication is sufficient.
NEW QUESTION # 112
After a purchase agreement has been signed, but before the transaction closes, the buyer attempts to have the contract voided. The buyer was able to prove that, because of a mental disorder, they were incompetent at the time the contract was signed although later went on medication. Is the contract still valid?
- A. Yes, because mental illness does not factor into questions of contractual capacity.
- B. Yes, because the contract is still executory.
- C. No, because the temporary incapacity allows them to void the contract.
- D. No, because buyers are entitled to rescind contracts before closing.
Answer: C
Explanation:
For a contract to be valid and enforceable, all parties must have legal capacity at the time of signing. If the buyer can prove they were legally incompetent due to mental illness at the time of execution, they may have the right to void the contract-even if they later regained competence. Temporary or situational incompetence at the time of contract formation is legally sufficient to make the contract voidable. Therefore, the correct answer is D.
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NEW QUESTION # 113
A buyer bought a house on an installment land contract, also called a contract for deed. Which statement about this transaction is TRUE?
- A. The buyer is financing only the purchase of the land, not the house.
- B. The buyer will receive legal title to the property immediately.
- C. The buyer holds equitable title to the property.
- D. The buyer cannot live at the property until the seller is paid the full sales price.
Answer: C
Explanation:
In an installment land contract (contract for deed), the buyer receives equitable title upon signing and possession of the property. Legal title remains with the seller until the full purchase price is paid or the contract conditions are met. The buyer typically takes possession and lives in the property during the installment period. This is a form of seller financing covering both land and improvements. Therefore, the correct answer is B.
NEW QUESTION # 114
Under the provisions of the federal Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA), a lender must provide a borrower with the Closing Disclosure at least _________ prior to loan consummation.
- A. 7 calendar days
- B. 3 business days
- C. 1 business day
- D. 3 calendar days
Answer: B
Explanation:
TILA-RESPA Integrated Disclosure rules (TRID) require that theClosing Disclosurebe delivered to the consumerno later than 3 business days before consummationof the loan. This mandates a three-business- day review period for borrowers before finalizing the loan-makingoption Bcorrect.
NEW QUESTION # 115
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