New York Real Estate Practice Exam

Fiduciary duties include Obedience (obey reasonable and legal instructions), Loyalty (diligence to serve the best interests of the client), Disclosure (promptly communicate all information about the transaction), Confidentiality (cannot disclose information given in faith and trust without the permission of the client), Accountability (financial accountability including accurate record keeping) and Reasonable Skill and Care (agents possess the necessary skills and training to perform the requested services). Principal is a person who bound by an agency relationship to represent their client.

A special agent also called limited agent, has narrow authorization to perform a specific task or conduct a specific transaction i.e. a real estate agent or broker. This is generally a short-term relationship and generally is limited to tasks such as marketing, showing property, locating property and any other services related to the transaction.

A leasehold estate grants temporary right of possession to a property without title for a defined amount of time. The title stays with the landlord. The owner of a leasehold estate is a lessee or tenant and has exclusive right of use.

A lease does not require a legal description. A street address or other informal reference as to the location of the property may be used as long as both parties are in agreement and have a clear understanding of its location. Additionally, apartment or building numbers should be used if more than one unit share the same street address. A lease term, specified rent, date of possession and the signature of the parties are elements of a lease.

$250,000 x .85 = $212,500. Purchase price times the loan-to-value ratio equals the mortgage amount. The down payment is $37,500.

$2,775 / $370,000 = .0075 or .75%. Loan origination fee divided by mortgage amount equals the loan origination percentage.

Leverage is the effect borrowed funds have on investment returns. Leverage may increase or decrease an investor's return than if paid in all cash. The investor borrows money for a purchase with the expectation that the investment's financial return out-weighs the cost of borrowing the money.

Cluster zoning is an example of multi-use zoning where a number of residential uses are allowed in one zone. Typically, the builder places residences closer together in exchange for leaving certain areas open and available to the community.

Eminent domain is the government's constitutional or statutory power to take private property for the public use. The property owner is paid the fair market value (FMV) of the property.  FMV is basically the price that a buyer with reasonable knowledge of the asset would pay under conditions where the buyer is acting in his or her own self-interest without undue influence and with sufficient time to complete the transaction. Market value is simply the price shown in a listing and does not take into account other market factors.  The appraised value is only the opinion of one appraiser.  To determine FMV, typically the owner and the government will negotiate and attempt to arrive at an agreement of sale.  However, in the event a value is not agreed to, the parties will typically call expert witnesses at trial to testify to the FMV based on a number of factors, such as the size of the property, the accessiblity of the property, zoning, level of development and current or potential use.  Different valuation approaches can be used to determine FMV, for example, market approach, income approach and cost approach.

Assessed value is a dollar amount of worth determined by a town, city or village assessor which is applied to a local tax rate to calculate the amount of real property tax. Assessed value is documented in local tax records and is reviewed every one to two years by the municipality. Appraised value is an estimate of value of a property at a given time for a specific purpose used to determine value is sufficient to secure payment of a mortgage loan. Appraised value is documented in a Uniform Residential Appraisal Report (URAR).

Highest and best use refers to the use of the land that preserves its usefulness, provides the greatest income and results in the highest property value. This is particularly important with commercial properties. Evaluating what is legally allowable, physically possible, maximally productive and financially feasible are all tests that must be considered.

Congress passed amendments to the Fair Housing Act in 1988, adding two new protected classes – persons with mental or physical disabilities and familial status. The amendments also added new enforcement provisions for the Department of Housing and Urban Development (HUD) and imposed new regulations for public buildings.

Three hours of approved continuing education in fair housing and/or discrimination in the sale or rental of real property is required every two years as part of the 22.5 hour continuation education requirement.

Active income is income received from performing services, including wages, salaries, commissions, tips and from businesses where the tax payer materially participates. Other types of income are portfolio income; interest, dividends, annuities or royalties and passive income; earnings derived from trade or business where taxpayer is not an active participant and rental activities.

Property taxes are calculated using the value of the property including both the land and the buildings on it (assessed value) and multiplying it by the town/county, school and any special tax rates. A uniform percentage is applied that varies by tax jurisdiction and could be any percentage below 100%. If the assessed value of a property is $400,000, the assessment rate is 100% and the tax rate is $24.50 per $1,000, the property taxes are $9,800.

To calculate a realized gain (or loss,) simply take the difference of the total sale price (minus selling expenses) and subtract the adjusted basis. If the difference is positive, it is a realized gain. If the difference is negative, it is a realized loss. The adjusted basis is the original cost plus any capital gains. If home owners sold their primary residence for $325,000 and selling expenses were $22,000 (commission, fees, lawyer, etc.) the amount realized ($303,000) represents the sale price minus selling expenses. If their original investment in the home was $150,000 and they renovated the kitchen for $14,000 (capital improvement), the adjusted basis is $164,000. So, $303,000 - $164,000 = $139,00 potential realized gain.

A real estate license is required to carry out a real estate transaction for another person for compensation. Property owners can engage in a real estate transaction on their own behalf without a license. Also exempt from licensure requirements are: attorneys licensed to practice law in New York, public officers performing official duties, persons acting under court order (i.e. trustees, guardians or executors), tenants' associations and non-profits (NYC only) and employees such as building superintendents.

A partnership is owned by two or more individuals who share in the management and profits of the business. It is best to have a written partnership agreement but if the parties do not have one, states have statutes that provide the percentage breakdown amongst the partners. Partnerships have the benefit of pass through taxation, so the business does not get taxed, but the downside to the partnership business form is personal liability for the debts and liabilities of the company. The partnership form of business organization can have both general or limited partners. It is recommended that a partnership contract be created between the partners outlining the degree of interest, extent of management authority and liability. The contract should also describe the procedure for dividing the ownership interest upon the withdrawal, death or removal of a partner.

Limited liability companies (LLC) may have one or more members. Owners of an LLC are not personally liable for the obligations of the LLC. This business organization type combines the most favorable advantages of a corporation and partnership, in that it provides limited liability with pass through taxation. A limited liability partnership (LLP) is a business formation used by professionals. The partners in an LLP are not personally liable for the obligations of the partnership.

Openings for doors and windows need reinforcement to support the vertical load of the roof and ceiling. A header is installed on the top of the opening and supported down to the top plate forming a solid, wood bridge. Another name for a header is lintel.

Planning boards plan for the region's future considering the available natural and supplied resources of the community. Representation typically includes members from areas with varying population size, geographic location and type of municipality. Their primary functions (related to real estate) is to act as an advisory group to the municipality on issues such as planning, land use regulation and community development, including preparing, amending and implementing community master plans, through investigation and mapping, and recommending amendments to the zoning ordinance.

An insurance company bears the burden to prove that a specific cause of loss is excluded under an all-risk or open perils insurance policy. An all-risk or open perils policy covers all risks of loss except for those specifically excluded. On the other hand, a named peril policy provides coverage for only causes of loss listed in the policy. So, if there is a loss under a named peril policy, the insured has the burden to show the cause of loss is a named peril or within the terms of the policy.

A cooperative is defined as a form of ownership and is formed when people join to own or control the housing and related facilities in which they live. A cooperative corporation owns the land, buildings and property rights. Title is in the name of the cooperation. Cooperative shareholders do not own real estate, but a number of shares in the cooperative corporation that entitles them to a lease.

Effective in 2010, a mortgage loan servicer (MLS) registration was added to the NYS banking law. Duties include making payments to the owner of the loan or other third parties, of principle, interest and other payments such as escrow amounts received from the borrower. Exemptions from obtaining an MLS registration include; NYS licensed mortgage bankers, registered mortgage brokers, insurance companies, federal or state banks and employees of these organizations.

A property manager should submit a management proposal to the owner in the first days of his employment. The proposal should include, description of the land and buildings, list of maintenance required, any curable obsolesces, maintenance records, accounting procedures, schedules of inspections, operating budget, capital improvement budget and management fee.