Which of the following actions is NOT a cause for suspension or revocation of a New Jersey real estate license?
Answer(s): C
The New Jersey Real Estate Licensing Law (N.J.S.A. 45:15-17) lists specific causes for suspension or revocation, including:Failing to provide a signed document copy to a client.Failure to properly deliver a Consumer Information Statement before discussing motivation or making a presentation.Collecting compensation from both parties without full disclosure and written consent.However, paying a referral fee to an out-of-state broker is expressly permitted, provided the other broker is properly licensed in their jurisdiction. This is not grounds for discipline.
NJ Real Estate Licensing Law, N.J.S.A. 45:15-17; NJREC Rules on Referral Fees.
A private integrated club refused to rent one of its condos to a minority family. The club explained that it did not rent the condos to the public since the condos were for members only. Is the club in violation of the federal Fair Housing Act, and if so, how?
Answer(s): D
Under the Federal Fair Housing Act of 1968 (as amended), there are limited exemptions. One is the private club exemption: a bona fide private club that is not operated commercially may restrict the rental or occupancy of lodgings that it owns to members only.However, even though exemptions exist, race-based discrimination is never permitted in the sale or rental of housing to the public. Here, since the club restricts rentals to members only and does not rent to the general public, it is not in violation of the Act.
Federal Fair Housing Act, 42 U.S.C. §3607 (Exemptions); NJ Real Estate Salesperson Study Guide, Chapter on Fair Housing and Civil Rights.
In advertisements of individual salespersons, which of the following is permitted?
The New Jersey Real Estate Commission advertising rules (N.J.A.C. 11:5-6.4) state that:All ads must clearly indicate the name of the employing broker.A salesperson's name may appear, but not more prominently than the broker's name.Ads cannot suggest that a salesperson is operating independently.Linking a salesperson's personal webpage to their broker's official website is permissible, provided the broker's name is prominently displayed and supervision is maintained.Therefore, the only correct permitted action is D.
NJREC Rules and Regulations, N.J.A.C. 11:5-6.4 (Advertising Rules).
A married couple is planning to purchase a house that costs $86,000. If they obtain a 60% loan and the lender charges a 2.5% loan origination fee and 0.5 discount points, what is the cost of these expenses?
Answer(s): B
New Jersey Real Estate Salesperson Pre-Licensure Course Guide, Chapter on Financing and Loan Calculations.
A broker maintains a real estate agency and terminated two salespersons. In this situation, the broker is REQUIRED to take all the following actions with regard to these two salespersons EXCEPT:
According to NJREC Rules and Regulations (N.J.A.C. 11:5-4.1) and the Broker-Salesperson employment agreement requirements:Brokers must provide a full written accounting of monies due.Any undisputed commission due must be paid within 10 business days of the broker receiving the funds.The broker must honor the compensation provisions of the terminated salesperson's written employment agreement.However, salespersons are not permitted to remove original sales or listing contracts, which remain the property of the broker.Therefore, the action the broker is NOT required to take is B.
NJREC Rules and Regulations, N.J.A.C. 11:5-4.1 (Employment Agreements and Compensation).
As required by the New Jersey Real Estate Sales Full Disclosure Act, before signing any contract for the purchase or lease of a property registered with the New Jersey Real Estate Commission, the purchaser or lessee MUST be provided with a copy of the:
The New Jersey Real Estate Sales Full Disclosure Act (RESFDA) requires developers of certain subdivided land, condominiums, and other registered developments to provide purchasers or lessees with a Public Offering Statement approved by the New Jersey Real Estate Commission.This Public Offering Statement contains essential information about the development, financial and legal obligations, and rights of buyers.The Statement of Record is filed with the Commission but is not delivered to the purchaser.Deeds or plat maps are not substitutes for the disclosure document required by law.Thus, the correct answer is B.
N.J.S.A. 45:15-16.27 et seq., New Jersey Real Estate Sales Full Disclosure Act; NJ Real Estate Salesperson Study Guide, Chapter on Land Sales.
New Jersey Real Estate Commission regulations require a licensee to terminate membership in a real estate board or multiple listing service whenever the organization:
Answer(s): A
The NJ Real Estate Commission prohibits price-fixing or collusion regarding commission rates. If a real estate board, trade association, or MLS suggests or enforces uniform commission rates among member brokers, participation in such a practice would violate antitrust laws as well as NJREC regulations.In such cases, licensees must terminate their membership immediately to avoid disciplinary action. Lobbying, dues disputes, or general disagreements with rules are not grounds for mandatory termination.
NJREC Rules and Regulations; NJ Real Estate Salesperson Study Guide, Chapter on Antitrust and Commission Rules.
A buyer made an offer to purchase a home using a VA loan, but the property's appraised value was determined to be less than the contract price. If the buyer really wants the property, which of the following choices is the buyer's best option?
VA loans include an escape clause: buyers cannot be forced to purchase a home for more than its appraised value. However, if the buyer still wants the property, they can:Pay the contract price, but must cover any amount above the VA appraised value in cash, since the VA will only guarantee the appraised portion.Sellers are not forced to lower their price to the appraisal amount.An FHA loan will not automatically cover the shortfall.Thus, the best option is B.
U.S. Department of Veterans Affairs Loan Guaranty Program; NJ Real Estate Salesperson Study Guide, Chapter on VA and FHA Financing.
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