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Real Estate Maryland Real Estate Salesperson Examination Sample Questions (Q102-Q107):NEW QUESTION # 102
When must the consent for dual agency be reaffirmed by the parties to the transaction?
- A. Prior to the inspection
- B. Once the contract has been signed by all parties
- C. After the buyer has deposited earnest money
- D. Prior to the parties entering into the contract for the transaction
Answer: D
Explanation:
Comprehensive and Detailed Explanation From Exact Extract of Maryland 60-Hour Principles and Practices of Real Estate Pre-Licensing Course:
In Maryland, when a broker or brokerage firm represents both the buyer and the seller in the same transaction, dual agency may occur only with the informed written consent of both parties.
This consent must be initially obtained when the parties agree to representation and then reaffirmed in writing before either party signs the sales contract.
This ensures both understand the limitations on confidentiality and loyalty that dual agency imposes.
Reference (Maryland Source):
- Maryland 60-Hour Principles and Practices Course, Maryland Agency Law section.
- Business Occupations and Professions Article §17-534.
- COMAR 09.11.07.07 - Consent to Dual Agency.
NEW QUESTION # 103
To legally earn a commission, what is required between a real estate agent and their client?
- A. The client must make an express, written agreement to pay a commission to your broker.
- B. You must express an interest in representing the client.
- C. The client can make a verbal agreement with you.
- D. The client must be a buyer.
Answer: A
Explanation:
Comprehensive and Detailed
In Maryland, a real estate licensee may only perform brokerage services and be entitled to compensation when a written brokerage agreement exists between the client and the broker.
This agreement must clearly state the broker's duties, compensation terms, and representation type (buyer, seller, or dual).
Verbal agreements are insufficient to establish an enforceable right to a commission.
NEW QUESTION # 104
When a client understands what dual agency is and agrees in writing to allow a firm to act as a dual agent for them in a real estate transaction, this is known as ________.
- A. Mutual agreement
- B. Representation by proxy
- C. Double dipping
- D. Informed consent
Answer: D
Explanation:
Informed consent is a legal requirement under Maryland Agency Law when a brokerage represents both a buyer and a seller in the same real estate transaction (dual agency).
In this arrangement, the broker acts as the dual agent, while separate intra-company agents may represent each party.
The client must receive full disclosure of the potential conflicts of interest and consent in writing before dual agency can occur.
Without informed, written consent, dual agency is prohibited under Maryland Real Estate Commission (MREC) regulations.
Reference:
Maryland 60-Hour Principles and Practices of Real Estate Pre-Licensing Course - "Maryland Agency Law" Module Md. Business Occupations and Professions Article 17-530-17-532 - Disclosure and Consent to Dual Agency.
NEW QUESTION # 105
Isabelle just took on a new listing, in which the owner is selling because a new freeway is being built right behind the house. The owner is concerned about the noise and other activity the freeway will bring, but doesn't want prospective buyers to know this. Which action best demonstrates good faith in this scenario?
- A. Isabelle tells the owner that this is a material fact related to the property that must be disclosed to prospective buyers, or Isabelle will not take the listing.
- B. Isabelle takes the listing and, per her client's instructions, doesn't tell prospective buyers about the planned road construction.
- C. Isabelle takes the listing, tells the seller she won't discuss the new freeway, then discloses this fact to prospective buyers, since it's material to the property.
- D. Isabelle decides not to take the listing, since the property will be impossible to sell.
Answer: A
Explanation:
Licensees owe duties of honesty, good faith, and disclosure of material facts. A planned freeway immediately behind the property is a material fact affecting value and desirability and must be disclosed to prospective buyers. If a seller instructs the agent to conceal material facts, the agent must refuse to withhold such information; if the seller insists, the appropriate course is to decline or terminate the listing rather than participate in misrepresentation.
Option C shows conflicting promises to the client; the correct ethical and legal approach is to require disclosure as a condition of representation (Option D).
References: Maryland pre-licensing curriculum-Fair Housing and Ethics and Maryland Agency Law (duties to clients and customers; disclosure of material facts; prohibition on misrepresentation and concealment).
NEW QUESTION # 106
What are emblements considered to be?
- A. Personal property
- B. A subsurface right
- C. Real property
- D. Land
Answer: A
Explanation:
In the "Real Property and the Law" segment, the course distinguishes between real property (land, improvements, and appurtenances) and personal property (movable items not affixed to land). Emblements
-also called fructus industriales-are annually cultivated crops (e.g., corn, wheat, vegetables) produced through tenant labor and industry. These are treated as personal property belonging to the person who planted them, typically the tenant, even if the crops mature after the tenancy ends. By contrast, fructus naturales (e.g., trees, shrubs, perennial plants) are part of the land and therefore real property until severed.
References (Course Outline/Study Topics): Maryland 60-Hour Principles and Practices of Real Estate -
"Real Property and the Law" (Real vs. personal property; fructus industriales/emblements vs. fructus naturales).
NEW QUESTION # 107
......
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