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North Carolina Real Estate Commission NC Real Estate Broker National Sample Questions (Q31-Q36):
NEW QUESTION # 31
A seller discusses listing their home with a broker. The seller tells the broker that when the house sells, the seller wants $200,000 in their pocket at closing, and the listing brokerage can keep any amount beyond that as their commission. What does this scenario describe?
- A. Exclusive agency listing
- B. Open listing
- C. Exclusive right to sell listing
- D. Net listing
Answer: D
Explanation:
In a net listing, the seller agrees to receive a fixed amount from the sale, and the broker retains any amount above that as commission. Net listings are legal but discouraged and closely regulated in North Carolina due to the potential for conflicts of interest and ethical concerns. The broker must disclose the actual selling price and ensure the arrangement is fully transparent. Therefore, the correct answer is C.
NEW QUESTION # 32
A broker who solicits active clients of other brokers may be guilty of:
- A. negligent obstruction.
- B. tortious interference.
- C. tortious obstruction.
- D. negligent interference.
Answer: B
Explanation:
Tortious interference occurs when a person intentionally damages another party's contractual or business relationships. In real estate, this can happen if a broker actively tries to lure away a client who is currently under an exclusive agreement with another broker. It is an unethical and potentially illegal act. Therefore, the correct answer is A.
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NEW QUESTION # 33
A salaried employee of a North Carolina brokerage firm that practices property management must have a real estate license if they perform which task?
- A. Completing a preprinted lease contract
- B. Accepting applications for a lease
- C. Negotiating the amount of a security deposit
- D. Showing apartment units to prospective tenants
Answer: C
Explanation:
In North Carolina, salaried employees working under a licensed brokerage or property management firm may engage in certain administrative or ministerial tasks without a real estate license-such as showing rental units, collecting rent, and accepting applications. However, negotiating lease terms or the amount of a security deposit involves brokerage-level activity and requires a real estate license. Therefore, the correct answer is C.
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NEW QUESTION # 34
According to the North Carolina Good Funds Settlement Act, when can a broker expect to receive their commission following completion of a real estate transaction?
- A. At the time of settlement
- B. After the deed and deed of trust are recorded
- C. Before the deed is recorded
- D. Once the lender's funds are verified
Answer: B
Explanation:
The North Carolina Good Funds Settlement Act requires that no disbursement of funds-including broker commissions-can be made until the deed and any deed of trust are recorded in the public records. Only once the documents are recorded can the closing attorney legally disburse funds. Thus, brokers should expect to be paid only after recording, making answer C correct.
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NEW QUESTION # 35
A homeowner signs a contract with a broker stating that the homeowner will pay the broker a commission if the broker finds a ready, willing, and able buyer for the house in the next 60 days. What is the BEST way to describe this contract as of the day they sign it?
- A. Express and executed
- B. Implied and executed
- C. Implied and executory
- D. Express and executory
Answer: D
Explanation:
This is anexpresscontract because terms are clearly stated, andexecutorybecause performance (finding a buyer) is yet to occur. It is not executed until the broker succeeds. Thus, it's anexpress, executorycontract as defined in contract law and Broker#N study materials.
NEW QUESTION # 36
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