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North Carolina Real Estate Commission NC Real Estate Broker National Sample Questions (Q53-Q58):
NEW QUESTION # 53
The listing agent for Guy's ranch home is also Ginny's buyer agent. After a long day of showing the requested two-story homes to Ginny, they drive past Guy's home, and she excitedly asks to see it. Guy is out of town and has given the agent permission to show the property in his absence, so the agent sees no harm in letting her in. Which statement is TRUE?
- A. The agent violated the duty of obedience to Ginny by showing her a ranch home instead of the requested two-story.
- B. The agent violated the duty of loyalty to Guy by letting them into his property when he wasn't there.
- C. The agent may have created an undisclosed and illegal dual agency.
- D. The agent did nothing wrong, as they were simply looking out for the buyer client's best interests.
Answer: C
Explanation:
When a broker represents both the buyer and the seller in the same transaction, dual agency arises. In North Carolina, dual agency must be disclosed and agreed to in writing by both parties before it can occur. If the agent is acting for both parties (listing and buyer agency) and this relationship has not been formally disclosed and agreed upon, it creates an undisclosed and therefore illegal dual agency. Correct answer: D.
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NEW QUESTION # 54
An investor bought a small office building for $500,000. They sold it 10 years later for $480,000. What is their percentage of loss?
- A. 10.4%
- B. 4.2%
- C. 4%
- D. 9.6%
Answer: C
Explanation:
To calculate the percentage of loss:
Loss = Original Price # Sale Price = $500,000 # $480,000 = $20,000
Percentage loss = ($20,000 ÷ $500,000) × 100 = 4%
Correct answer: A
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NEW QUESTION # 55
In North Carolina, an earnest money deposit that is paid by check must be deposited into a trust account no later than:
- A. 3 banking days after receipt.
- B. 5 banking days after receipt.
- C. 5 banking days after acceptance of the offer.
- D. 3 banking days after acceptance of the offer.
Answer: D
Explanation:
According to North Carolina Real Estate Commission rules, if an earnest money deposit is received with an offer and held by the broker, it must be deposited in the trust account no later than 3 banking days after the broker has received notice of contract acceptance (i.e., when the offer becomes a binding contract). Therefore, the correct answer is B.
NEW QUESTION # 56
A buyer signs a contract to purchase a 10-year-old unit in a condominium community. Under the provisions of the North Carolina Condominium Act, how many days does the buyer have to rescind the contract?
- A. 3 days
- B. 5 days
- C. 7 days
- D. The buyer has no such right to cancel the contract.
Answer: D
Explanation:
Under theNorth Carolina Condominium Act (N.C.G.S. Chapter 47C), the buyer of a condominium unit has a7-day right of rescission only for new condominiums, meaning units offered for sale in a project not yet completed or occupied. For units in a condominium community that are more than one year old,there is no statutory right to rescind the contractonce signed. Since this is a 10-year-old unit, the buyer doesnot have a rescission period.
Reference:
N.C.G.S. § 47C-3-107 (Right of Rescission for New Condominiums)
NCREC Broker National (Broker-N) Compliance Guide, Section on Condominium Transactions and Buyer Protections NC Real Estate Commission Legal Bulletin: Condominium Rescission Rights, 2023 Therefore, the buyer hasno right to cancelthe contract based solely on the Condominium Act for this 10-year- old unit.
NEW QUESTION # 57
If a buyer defaults on a purchase agreement just prior to settlement, what clause in the contract would likely allow the seller to keep the earnest money deposit?
- A. Punitive damages
- B. Compensatory damages
- C. Liquidated damages
- D. Actual damages
Answer: C
Explanation:
Liquidated damages refer to a pre-agreed amount of compensation (often the earnest money deposit) that one party is entitled to retain in the event the other party breaches the contract. In North Carolina, the standard Offer to Purchase and Contract includes provisions stating that if a buyer breaches after due diligence, the seller may retain the earnest money as liquidated damages. Therefore, the correct answer is C.
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NEW QUESTION # 58
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