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7 Contract Law
Pre-Licensing Exam
50
Other
12th Grade
09/29/2013

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Cards

Term
True
Definition
1. A relationship between a property owner and a property manager is established by a written contract.
Term
False
Definition
2. Leases are non-contractual agreements.
Term
True
Definition
3. If Bob rents a duplex to Lisa for a one year period, they most likely have a bilateral agreement.
Term
True
Definition
4. A signed management agreement gives the property manager legal authority to guide the operation of the rental property.
Term
False
Definition
5. An example of a fiduciary relationship is one formed between a tenant and a property manager.
Term
True
Definition
6. Principals and agents are the sole players in a fiduciary relationship.
Term
False
Definition
7. The named parties, principal and tenant, are usually the parties to a lease agreement.
Term
True
Definition
8. In a lease agreement, the parties are called landlord and tenant.
Term
False
Definition
9. A “gross lease” is used in commercial real estate when parties are required to pay a portion of operating expenses for the building in which they lease space.
Term
True
Definition
10. Net lease – a common industrial lease requiring the tenant to pay rent plus certain costs incurred in the operation of the property.
Term
False
Definition
11. Lead based paint disclosures must be provided for all tenants renting in a building currently under construction.
Term
True
Definition
12. Residential buildings constructed before 1978 require lead based paint disclosures.
Term
False
Definition
13. Apartment buildings with more than 10 units do not require lead based paint disclosures.
Term
False
Definition
14. Lead based paint disclosures are required for all commercial properties.
Term
True
Definition
15. “Estate for Years” means that the lessor is agreeing to a lease that continues for a specific period of time.
Term
False
Definition
16. ”Estate for Years” means that the lessor is in a lease that is nonrenewable after the expiration of the original lease.
Term
False
Definition
17. A tenant is referred to as the “Lessor” in all legal documents.
Term
False
Definition
18. A “ground lease” is one which refers to bare land and lasts for at least 100 years.
Term
False
Definition
19. Property Managers commonly receive their commissions from tenants.
Term
True
Definition
20. A market analysis does not establish vacancy rates for a certain area of the market.
Term
True
Definition
21. The day to day upkeep of a property is called preventative maintenance.
Term
True
Definition
22. The term cash flow means: net operating income minus debt service.
Term
True
Definition
23. The term cash flow means: gross income minus free rent.
Term
True
Definition
24. The maximum amount of rent a property can produce is called gross possible income.
Term
False
Definition
25. An asset manager usually lives on-site at the property and manages the day to day activities of the property.
Term
False
Definition
26. Corrective maintenance and deferred maintenance are the same.
Term
True
Definition
27. Apartment buildings constructed in 1977 or older require lead based paint disclosures.
Term
False
Definition
28. Employee dishonesty is usually covered by boiler insurance.
Term
False
Definition
29. For a Commercial Lease, when executed, the maximum term is 1 year.
Term
False
Definition
30. Failure to provide Landlord with a forwarding address will relieve Landlord of the obligation to return the security.
Term
False
Definition
31. Landlord may enter the Premises at any reasonable time to make sure Tenant is repairing and maintaining the Premises in good condition.
Term
True
Definition
32. Agency relationship is usually established between property manager and owner by written contract.
Term
True
Definition
33. A “meeting of the minds” is usually first accomplished when there is a mutual agreement.
Term
False
Definition
34. Principal and Tenant is an example of a “fiduciary” relationship. T
Term
False
Definition
35. When the tenant is required to pay a share of specific operating expenses in addition to the base rent this is a ground lease.
Term
True
Definition
36. A lease that continues for a specific period of time is a lease for years.
Term
False
Definition
37. “Tenancy at Will” is when a lease is up and the tenant stays against the landlords wishes.
Term
True
Definition
38. The 3 requirements of a valid lease include: Offer and acceptance, Valid Consideration and Capacity to Contract.
Term
False
Definition
39. A market analysis establishes vacancy rates.
Term
True
Definition
40. The following are not components of a market analysis: expense report, one year operating statement, and five year focus.
Term
False
Definition
41. Preventative maintenance is the day to day upkeep to reduce corrective maintenance costs.
Term
True
Definition
42. The following are items found as operating expenses on a financial statement: management fees, utilities and insurance.
Term
True
Definition
43. Budgeting, accounting and collections should be classified as “fiscal responsibilities.”
Term
True
Definition
44. The maximum amount of rent a property can produce is called the Gross Potential Income.
Term
True
Definition
45. A site manager is a person who oversees the day to day affairs of a single operation.
Term
True
Definition
46. An “asset manager” is one who manages the financial affairs of the owners of a sizable number of investment properties.
Term
True
Definition
47. A program of regular inspection and care designed to detect and resolve potential problems before major repairs are needed is called “preventative maintenance.”
Term
True
Definition
48. The goals of a property manager are to maintain the property, control costs, maximize revenue and provide services to the tenants.
Term
True
Definition
49. A property manager’s compensation is based on whatever is agreed to in the management agreement.
Term
False/True
Definition
50. When an owner says he wants to do the hiring and firing for properties, you should run from the deal.

51. Tenancy at Sufferance is when a tenant is staying in possession beyond the terms of the tenant’s rental agreement.
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