856. The provisions of the Subdivision Map Act are enforced by the:

1. 856. The provisions of the Subdivision Map Act are enforced by the: • Real Estate Commissioner; • State Contractor's License Board; • City or county governing body; • State Land Commissioner.

2. 856. The provisions of the Subdivision Map Act are enforced by the: • Real Estate Commissioner; • State Contractor's License Board; • City or county governing body; • State Land Commissioner. Subdivision Map Act – City or county governing body

3. 353. The primary purpose of a city's master plan is to indicate existing and future: • Commercial, industrial and residential districts; • Public streets and highways; • Seismic safety; • All of the above.

4. 353. The primary purpose of a city's master plan is to indicate existing and future: • Commercial, industrial and residential districts; • Public streets and highways; • Seismic safety; • All of the above. Master plan – Districts, streets, seismic

5. 578. Community apartment projects and condominiums come within the subdivision provisions of the California real estate law when they contain how many units: • One or more; • Five or more; • Three or more; • Two or more.

6. 578. Community apartment projects and condominiums come within the subdivision provisions of the California real estate law when they contain how many units: • One or more; • Five or more; • Three or more; • Two or more. Condominiums – 5 or more units

7. 626. The owner of a 5-unit building has decided to sell each apartment in the building to the five present tenants. He has decided that each tenant will own his own unit in fee, but will own the common areas of the building and land in undivided joint ownership. In all probability, the plan would be legally interpreted to be a: • Lot split; • Stock cooperative; • Subdivision; • Variance.

8. 626. The owner of a 5-unit building has decided to sell each apartment in the building to the five present tenants. He has decided that each tenant will own his own unit in fee, but will own the common areas of the building and land in undivided joint ownership. In all probability, the plan would be legally interpreted to be a: • Lot split; • Stock cooperative; • Subdivision; • Variance. Condominiums (a subdivision) – 5 or more units

9. 722. In a condominium development, the contractor has installed sidewalks 6 feet wide at various locations on the site. These sidewalks would be regarded as: • Public property that could be used by anyone; • Part of the common area under the control of the Homeowner's Association; • Personal property owned in common by all of the condominium owners together; • None of the above.

10. 722. In a condominium development, the contractor has installed sidewalks 6 feet wide at various locations on the site. These sidewalks would be regarded as: • Public property that could be used by anyone; • Part of the common area under the control of the Homeowner's Association; • Personal property owned in common by all of the condominium owners together; • None of the above. Sidewalks – Common area

11. 760. A person who owns an undivided interest, in common, in a parcel of real property together with a separate interest, in space, in a residential, industrial, or commercial building on such real property, is said to have an interest in a: • Community apartment project; • Planned development project; • Condominium project; • Stock cooperative project.

12. 760. A person who owns an undivided interest, in common, in a parcel of real property together with a separate interest, in space, in a residential, industrial, or commercial building on such real property, is said to have an interest in a: • Community apartment project; • Planned development project; • Condominium project; • Stock cooperative project. Condominium – Residential, industrial, commercial

13. 776. When comparing condominiums and landlord-owned apartments, which of the following statements would be true: • The person who occupies each unit would have an estate in real property; • The person who occupies each unit has a fee interest; • The local tax assessor must assess each unit separately; • None of the above.

14. 776. When comparing condominiums and landlord-owned apartments, which of the following statements would be true: • The person who occupies each unit would have an estate in real property; • The person who occupies each unit has a fee interest; • The local tax assessor must assess each unit separately; • None of the above. Estate in real property – Condo and apartment

15. 780. Which of the following must be furnished by the seller of a condominium to the buyer: • The CC&R's; • The bylaws; • A copy of the most recent financial statement; • All of the above.

16. 780. Which of the following must be furnished by the seller of a condominium to the buyer: • The CC&R's; • The bylaws; • A copy of the most recent financial statement; • All of the above. Seller provides buyer – Bylaws, CC&R’s

17. 746. If a person buys property in a California land project and then changes his mind, he can obtain a refund of his money without a specific reason within how long: • 3 calendar days; • 5 calendar days; • 10 calendar days; • 14 calendar days.

18. 746. If a person buys property in a California land project and then changes his mind, he can obtain a refund of his money without a specific reason within how long: • 3 calendar days; • 5 calendar days; • 10 calendar days; • 14 calendar days. Land project – 14 days

19. 723. When the real estate commissioner wishes to rescind approval of a new subdivision, he would likely do which of the following: • Issue an injunction against future sales of parcels in the subdivision; • Ask the sheriff to arrest the subdivider for fraud; • Demand that purchase monies be impounded until the victims have been issued full refunds; • Issue a desist and refrain order.

20. 723. When the real estate commissioner wishes to rescind approval of a new subdivision, he would likely do which of the following: • Issue an injunction against future sales of parcels in the subdivision; • Ask the sheriff to arrest the subdivider for fraud; • Demand that purchase monies be impounded until the victims have been issued full refunds; • Issue a desist and refrain order. Real Estate Commissioner – Desist and refrain

21. 645. To whom must a subdivider give a copy of the Commissioner's public report? • Anyone who intends to purchase one or more lots; • Any person, at any time, upon request; • Only purchasers of lots just before they sign the purchase contract; • Only their sales people.

22. 645. To whom must a subdivider give a copy of the Commissioner's public report? • Anyone who intends to purchase one or more lots; • Any person, at any time, upon request; • Only purchasers of lots just before they sign the purchase contract; • Only their sales people. Public report – Given – Anyone, anytime

23. 625. From the date they are taken, receipts for copies of the Real Estate Commissioner's subdivision final report must be retained for a period of: • One year; • Two years; • Three years; • Four years.

24. 625. From the date they are taken, receipts for copies of the Real Estate Commissioner's subdivision final report must be retained for a period of: • One year; • Two years; • Three years; • Four years. Public reports – Receipts – Keep 3 years

25. 838. The Commissioner's Final Public Report on a residential development would include all of the following except: • Assurances that the developer has fully met the requirements of the Subdivided Lands Act; • Assurances that financial arrangements have been made to provide any community improvements; • Assurances that the developer is not charging an excessive price for the properties; • Assurances that the developer has established the means to satisfy any warranties made to the purchasers.

26. 838. The Commissioner's Final Public Report on a residential development would include all of the following except: • Assurances that the developer has fully met the requirements of the Subdivided Lands Act; • Assurances that financial arrangements have been made to provide any community improvements; • Assurances that the developer is not charging an excessive price for the properties; • Assurances that the developer has established the means to satisfy any warranties made to the purchasers. Public report – Excessive price – Not included

27. 356. In the City of San Diego the local building code conflicts with the uniform building code. Which code would take precedence and for what reason: • Whichever code imposes the higher standard of safety; • The local building code because it is an incorporated area; • The uniform building code because state and federal laws always take precedence over local ordinances and codes; • The local building code would prevail because, by definition, the uniform building code only addresses subjects which are not specifically covered by a local building code.

28. 356. In the City of San Diego the local building code conflicts with the uniform building code. Which code would take precedence and for what reason: • Whichever code imposes the higher standard of safety; • The local building code because it is an incorporated area; • The uniform building code because state and federal laws always take precedence over local ordinances and codes; • The local building code would prevail because, by definition, the uniform building code only addresses subjects which are not specifically covered by a local building code. Building code – Higher standard

29. 749. The general purpose of local building codes is to accomplish which of the following: • To assure the utilization of skilled labor in the construction and renovation of residential and commercial properties; • To assure compliance with uniform standards of design, development and construction throughout the State of California; • To provide minimum requirements and standards for the protection of the public safety, health, welfare and general well-being; • To guarantee cost effectiveness in building through uniformity of building standards.

30. 749. The general purpose of local building codes is to accomplish which of the following: • To assure the utilization of skilled labor in the construction and renovation of residential and commercial properties; • To assure compliance with uniform standards of design, development and construction throughout the State of California; • To provide minimum requirements and standards for the protection of the public safety, health, welfare and general well-being; • To guarantee cost effectiveness in building through uniformity of building standards. Building codes – Purpose – Minimum Standards

31. 357. Mr. Jones, in order to comply with the regulations of the State Housing Law, should seek the issuance of a building permit from: • The local building department; • The nearest office of the Department of Housing and Community Development; • The California Department of Real Estate; • The California Department of Urban renewal.

32. 357. Mr. Jones, in order to comply with the regulations of the State Housing Law, should seek the issuance of a building permit from: • The local building department; • The nearest office of the Department of Housing and Community Development; • The California Department of Real Estate; • The California Department of Urban renewal. Building permit – Local Building Department

33. 360. Who is usually responsible for assuring the availability of paved streets, utilities, curbs, and gutters in new subdivisions: • The developer; • The city or county planning office; • Bonding companies serving the developer; • Improvement districts formed by the lot purchasers.

34. 360. Who is usually responsible for assuring the availability of paved streets, utilities, curbs, and gutters in new subdivisions: • The developer; • The city or county planning office; • Bonding companies serving the developer; • Improvement districts formed by the lot purchasers. Developer – Streets, etc.

35. 624. Georgene Creason is selling time-shares in her Wildacre subdivision. She mailed advertisements to 10,000 people, offering them the chance to win a prize, but did not reveal that in order to be eligible, the person must visit Wildacre and listen to a sales presentation. All of the prize winners had become owners in Wild-acre. Is there anything wrong with this situation: • Yes; property owners must be excluded from the list of eligible participants; • Yes; anyone offering prizes or gifts must reveal any required attendance at a sales presentation when offering the prize or gift; • No; prizes may be offered as part of any undisclosed sales presentation; • No, as long as all of the winners are also owners of property in the subdivision.

36. 624. Georgene Creason is selling time-shares in her Wildacre subdivision. She mailed advertisements to 10,000 people, offering them the chance to win a prize, but did not reveal that in order to be eligible, the person must visit Wildacre and listen to a sales presentation. All of the prize winners had become owners in Wild-acre. Is there anything wrong with this situation: • Yes; property owners must be excluded from the list of eligible participants; • Yes; anyone offering prizes or gifts must reveal any required attendance at a sales presentation when offering the prize or gift; • No; prizes may be offered as part of any undisclosed sales presentation; • No, as long as all of the winners are also owners of property in the subdivision. Time share gifts – Must reveal required attendance

37. 627. An agreement between party A granting party B the right to offer, sell, or distribute goods or services under a marketing plan described by party A is commonly known as: • A personal securities investment; • A real property securities transaction; • A business opportunity transaction; • A franchise agreement.

38. 627. An agreement between party A granting party B the right to offer, sell, or distribute goods or services under a marketing plan described by party A is commonly known as: • A personal securities investment; • A real property securities transaction; • A business opportunity transaction; • A franchise agreement. Franchise – Marketing plan

39. 369. Owner Armstrong gave Broker Weeks an exclusive authorization to sell Armstrong's ranch. As part of the agreement, Broker Weeks agreed to advertise the ranch in a catalog that Weeks publishes and distributes to other real estate brokers. For this added service, Armstrong paid Broker Weeks $1,000 for this advertising service at the time Owner Armstrong signed the listing. Under current real estate law, this payment: • Must be deposited into a trust account under an agreement which may provide for forfeiture by Owner Armstrong if the owner breaches the listing agreement; • May be cashed or deposited by Broker Weeks, but records must reflect disposition of such funds; • Must be retained by Broker Weeks in a trust fund account so that it may be refunded to Owner Armstrong if the property is not sold by the broker during the listing term; • Must be deposited into a trust account and disbursed only to pay advertising expenditures incurred by Broker Weeks in advertising the ranch property.

40. 369. Owner Armstrong gave Broker Weeks an exclusive authorization to sell Armstrong's ranch. As part of the agreement, Broker Weeks agreed to advertise the ranch in a catalog that Weeks publishes and distributes to other real estate brokers. For this added service, Armstrong paid Broker Weeks $1,000 for this advertising service at the time Owner Armstrong signed the listing. Under current real estate law, this payment: • Must be deposited into a trust account under an agreement which may provide for forfeiture by Owner Armstrong if the owner breaches the listing agreement; • May be cashed or deposited by Broker Weeks, but records must reflect disposition of such funds; • Must be retained by Broker Weeks in a trust fund account so that it may be refunded to Owner Armstrong if the property is not sold by the broker during the listing term; • Must be deposited into a trust account and disbursed only to pay advertising expenditures incurred by Broker Weeks in advertising the ranch property. Advance fee for advertising – Deposit in trust account and use for advertising

41. 747. All of the following are sufficient to convey an interest in real property, except: • Agreement of sale; • Bill of sale; • Lease; • Deed.

42. 747. All of the following are sufficient to convey an interest in real property, except: • Agreement of sale; • Bill of sale; • Lease; • Deed. Bill of Sale – Not real property

43. End of session