REAL ESTATE EXAM

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  • Created by: silvss
  • Created on: 18-09-21 01:24
What is a contract race?
When a seller has two potential buyers with the same terms
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What does the absence of a restrictive covenant indicate?
A Joint Tenancy
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What does a restrictive covenant in a tenancy agreement indicate
Tenancy in common
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Which covenant can't run through land
Positive Covenant
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Who decides whether a report should be made to the Serious Organised Crime Agency (SOCA) ?
The firms nominated officer
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Can an unqualified seller draft his own sale contract?
No. This is an offence under The Legal Services Act 2007
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What is the Golden Rule for undertakings?
Not to accept undertakings for things beyond control ( include conditions)
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When does the exception allowing a solicitor to act in spite of client interest if there is substantial common interest not apply?
Buyers and Sellers in property transactions
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What are red flags for Mortgage Fraud?
Little knowledge of property
Unrelated party paying lawyer fees
Sale of property after owing < 6 months
Last minute change of representation
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When can you can act for both the lender and a buyer?
Commercial transaction involving a standard mortgage
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What does a registered charge in the Charges Register usually indicate?
A mortgage
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What are the 3 Registers?
Charges Register
Property Register
Proprietorship Register
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What is an easement?
Any rights from which the property benefits over the land of another, such as a right of way or a right drainage
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You're acting for a buyer purchasing a property with a mortgage over it. What should you do to protect your client's best Interest?
Obtain an undertaking from the seller's solicitor to discharge the mortgage following completion.
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Which methods of exchange for contracts are there?
Formula A
Formula B
Formula C
Personal Exchange
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What is Formula A exchange?
Used if one solicitor (usually the solicitor acting for the seller) holds both signed copies of the contract
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What is Formula B exchange?
It is used when each solicitor holds his client's signed copy of the contract.
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What is Formula C exchange?
Used where there is a long chain of related transactions, where it is necessary to co-ordinate the synchronised exchange of contracts along the chain. No such chain is indicated on the facts
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Other cards in this set

Card 2

Front

What does the absence of a restrictive covenant indicate?

Back

A Joint Tenancy

Card 3

Front

What does a restrictive covenant in a tenancy agreement indicate

Back

Preview of the front of card 3

Card 4

Front

Which covenant can't run through land

Back

Preview of the front of card 4

Card 5

Front

Who decides whether a report should be made to the Serious Organised Crime Agency (SOCA) ?

Back

Preview of the front of card 5
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rosty18

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