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Real Estate New Jersey Real Estate Salesperson Exam Sample Questions (Q56-Q61):

NEW QUESTION # 56
A seller has listed a home with a broker for $112,000. The seller is leaving for a 45-day cruise midway through the listing period and authorizes the broker through a limited power of attorney to accept any offer of all cash at a price of $108,000 or more pending his return. The broker receives an offer for $110,000 all cash.
The broker

A. may not accept the offer until the seller returns.
B. may sign a deed of conveyance if the seller does not return on time.
C. must forward the offer to the seller's attorney for consideration.
D. may accept the offer.

Answer: D

Explanation:
The New Jersey Real Estate Commission rules clarify that brokers typically have no power to accept offers on behalf of the owner without authorization. However, in this case, the seller granted a limited power of attorney expressly authorizing the broker to accept all-cash offers of $108,000 or more.
A (may not accept) is incorrect because the authorization is clear.
B (forward to attorney) is not required since the broker has direct authority.
D (sign deed of conveyance) is beyond the broker's authority; only the seller can convey title unless a formal attorney-in-fact arrangement authorizes deed execution, which was not given here.
Therefore, the correct answer is C.
Reference: NJ Real Estate Salesperson Study Guide, Agency Agreements & Fiduciary Duties; NJ Contract Law principles regarding limited power of attorney.

NEW QUESTION # 57
A buyer's agent is NOT permitted to tell a buyer that:

A. the seller is willing to accept less than the listing price because of financial circumstances
B. the property was the scene of a serious crime
C. a former occupant of a property had AIDS
D. the roof leaked recently but was patched by the owner

Answer: C

Explanation:
Under federal Fair Housing Law (1988 Amendments) and NJ Law Against Discrimination:
Licensees are prohibited from disclosing that a property was occupied by someone with HIV/AIDS. Such disclosure is considered discrimination against persons with disabilities.
Material defects (e.g., roof leaks) must be disclosed.
Stigmatized property issues (e.g., crime scenes) do not legally require disclosure in NJ, but agents may discuss if asked.
Disclosing the seller's willingness to accept less is allowed only with the seller's consent.
Correct prohibited disclosure = B.
Reference: Fair Housing Amendments Act (1988); NJ Law Against Discrimination; NJ Real Estate Salesperson Study Guide, Chapter on Fair Housing and Disclosure.

NEW QUESTION # 58
A contract of sale prepared by a licensee MUST include an attorney review clause if it pertains to which of the following types of properties?

A. Single family residential vacant lot
B. Commercial building that does not exceed 10,000 square feet
C. Six-family dwelling unit, a portion of which is used for non-residential purposes
D. Subdivision of fifteen or more lots

Answer: A

Explanation:
According to the New Jersey Supreme Court Mandated Attorney Review Clause (as adopted by NJREC, N.J.
A).C. 11:5-6.2(g)), all contracts prepared by licensees for the sale of one-to-four family residential properties and residential vacant lots must contain the three-day attorney review clause.
The purpose is to protect consumers in residential transactions by giving them the right to have their attorney review and potentially cancel or modify the contract within three business days.
Therefore, the correct answer is D, because the attorney review clause is mandatory for contracts involving a single-family residential vacant lot.
Reference: NJREC Rules and Regulations, N.J.A.C. 11:5-6.2(g); NJ Attorney Review Clause Requirement, New Jersey Real Estate Salesperson Pre-Licensure Course Guide.

NEW QUESTION # 59
Under the New Jersey Real Estate Sales Full Disclosure Act, the Act does NOT apply to a development project:

A. consisting of 10 units.
B. extending over a 5 year period only.
C. where the purchaser's total financial obligation is less than $5,000.
D. already approved by the Department of Commerce.

Answer: C

Explanation:
The NJ Real Estate Sales Full Disclosure Act (RESFDA) regulates sales or leases of subdivided land and certain developments to protect consumers.
Exemptions exist for small-scale projects or when the total financial obligation to the purchaser is less than
$5,000.
Developments with 100+ lots typically require registration and a Public Offering Statement.
Thus, the Act does not apply where the financial obligation is under $5,000.
Reference: NJ Real Estate Sales Full Disclosure Act, N.J.S.A. 45:15-16.27; NJ Real Estate Salesperson Study Guide, Chapter on Land Sales.

NEW QUESTION # 60
If an owner wants to list a property for sale "as is," the listing agent should:

A. assume that the house is a "fixer-upper."
B. question the seller as to any known defects.
C. assume that the owner will accept a relatively low price for the property.
D. conclude that if the buyer later discovers defects that were not disclosed the listing agent is relieved of any responsibility.

Answer: B

Explanation:
"As is" does not relieve a seller or listing agent from disclosure obligations.
The licensee must still make reasonable inquiries about known defects.
All material facts must be disclosed, regardless of the "as is" designation.
"As is" simply means the seller will not make repairs or improvements.
Thus, the agent must ask the seller about known defects = C.
Reference: NJREC Rules and Regulations on Disclosure; NJ Real Estate Salesperson Study Guide, Chapter on Seller Disclosures and "As Is" Sales.

NEW QUESTION # 61
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