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Pass California

Reference

67 terms, grouped by the area that tests them

Every entry carries a one-sentence answer you could give under time pressure, the fuller explanation behind it, and what candidates reliably confuse it with. That last part is the one that changes scores.

67 terms

Accretion

Ownership and Land Use · 15%

The gradual deposit of soil along a watercourse, adding to the owner's land.

Advance fee

Contracts · 12%

A fee collected before services are rendered for promoting the sale or lease of property.

Adverse possession

Ownership and Land Use · 15%

Acquiring title by open, notorious, hostile, continuous possession under a claim of right for five years, while paying the property taxes.

Agency disclosure

Agency and Fiduciary Duties · 17%

The statutory three-step sequence: disclose the nature of agency relationships, elect the agency provided, confirm the election in the contract.

Alquist-Priolo Earthquake Fault Zoning Act

Ownership and Land Use · 15%

California law prohibiting construction of structures for human occupancy across the trace of an active fault.

Anti-deficiency protection

Financing · 9%

California rules barring a lender from pursuing a borrower for the shortfall after foreclosure in defined circumstances.

Article 7

Financing · 9%

The California rules capping commissions and costs a broker may charge on certain broker-arranged loans.

Blockbusting

Practice and Disclosures · 25%

Inducing owners to sell by representing that people of a protected class are moving into the area.

Capitalization rate

Valuation and Analysis · 14%

The rate of return used to convert net operating income into value.

Commingling

Practice and Disclosures · 25%

Mixing a client's trust funds with the broker's own funds.

Community property

Ownership and Land Use · 15%

Property acquired by a married person during marriage other than by gift, bequest, devise or descent.

Conversion

Practice and Disclosures · 25%

Using trust funds for a purpose other than the one for which they were entrusted.

Deed of trust

Financing · 9%

The three-party security instrument that dominates California lending, allowing a non-judicial trustee's sale.

Documentary transfer tax

Transfer of Property · 8%

A county tax of $0.55 per $500 of consideration, equal to $1.10 per $1,000.

Dual agency

Agency and Fiduciary Duties · 17%

One broker representing both buyer and seller in the same transaction.

Due-on-sale clause

Financing · 9%

A loan provision letting the lender call the entire balance due on sale or transfer of the property.

Easement

Ownership and Land Use · 15%

A non-possessory right to use another's land for a specified purpose.

Eminent domain

Ownership and Land Use · 15%

The government power to take private property for public use on payment of just compensation.

Encumbrance

Ownership and Land Use · 15%

Any claim, lien, charge or liability attached to and binding on real property.

Escrow

Transfer of Property · 8%

A neutral third party holding funds and documents until every condition of the transaction is met.

External obsolescence

Valuation and Analysis · 14%

Loss in value caused by something outside the property lines, always incurable.

Fiduciary duty

Agency and Fiduciary Duties · 17%

The duty of trust and confidence an agent owes a principal.

Fixture

Ownership and Land Use · 15%

Personal property attached to real property in a way that makes it part of the realty.

Functional obsolescence

Valuation and Analysis · 14%

Loss in value from a defect inside the property boundary, such as an outdated floor plan.

General agent

Agency and Fiduciary Duties · 17%

An agent with ongoing authority across a continuing series of transactions within a defined scope.

Grant deed

Transfer of Property · 8%

The standard California deed, carrying two implied warranties.

Gross rent multiplier (GRM)

Valuation and Analysis · 14%

Sale price divided by gross income, used as a quick comparison measure.

Highest and best use

Valuation and Analysis · 14%

The legally permissible, physically possible, financially feasible use that produces the highest value.

Hypothecation

Financing · 9%

Pledging property as security for a debt without giving up possession of it.

Joint tenancy

Ownership and Land Use · 15%

Co-ownership in equal shares with right of survivorship, requiring the four unities of time, title, interest and possession.

Liquidated damages

Contracts · 12%

A contract clause fixing in advance the amount recoverable on breach.

Market value

Valuation and Analysis · 14%

The most probable price a property should bring in a competitive and open market, with buyer and seller each acting prudently and neither under duress.

Material fact

Practice and Disclosures · 25%

A fact that would affect a reasonable buyer's decision to buy or the price they would pay.

Mechanic's lien

Ownership and Land Use · 15%

A lien securing payment for labour or materials furnished to improve real property.

Mello-Roos

Transfer of Property · 8%

A special tax levied in a Community Facilities District to fund infrastructure, sitting on top of the Proposition 13 base rate.

Natural Hazard Disclosure Statement (NHD)

Practice and Disclosures · 25%

The form disclosing whether a property sits in any of six mapped statutory hazard zones.

Net operating income (NOI)

Valuation and Analysis · 14%

Effective gross income less operating expenses, before debt service and before depreciation.

Novation

Contracts · 12%

Substituting a new party or a new obligation, releasing the original party from liability.

Option

Contracts · 12%

A unilateral contract giving the holder the right, but not the obligation, to buy on stated terms during a stated period.

Ostensible agency

Agency and Fiduciary Duties · 17%

An agency arising from conduct that leads a third party reasonably to believe someone is an agent, with no written agreement.

Police power

Ownership and Land Use · 15%

The government power to regulate land use for public health, safety, morals and general welfare, without compensation.

Preliminary report

Transfer of Property · 8%

An offer to issue a title policy on stated terms. It is expressly not an abstract of title.

Principle of regression

Valuation and Analysis · 14%

The value of a superior property is dragged down by inferior surrounding properties.

Principle of substitution

Valuation and Analysis · 14%

The maximum value of a property tends to be set by the cost of acquiring an equally desirable substitute.

Probate overbid

Transfer of Property · 8%

The court process by which a competing buyer may outbid an accepted offer at a confirmation hearing.

Procuring cause

Agency and Fiduciary Duties · 17%

The broker whose continuous efforts set in motion the chain of events resulting in the sale.

Proposition 13

Transfer of Property · 8%

The 1978 measure fixing the base property tax rate at 1% of assessed value and capping annual growth in assessed value at 2%.

Real Estate Recovery Fund

Practice and Disclosures · 25%

A fund of last resort paying consumers who hold an uncollectable judgment against a licensee for fraud, misrepresentation, deceit or conversion of trust funds.

Reasonable modification

Practice and Disclosures · 25%

A physical change to premises that a landlord must permit for a person with a disability, normally at the tenant's expense.

Recording

Transfer of Property · 8%

Entering a document in the county public record, giving constructive notice and establishing priority.

Redlining

Practice and Disclosures · 25%

Refusing to lend, or to insure, in a geographic area because of the racial or ethnic composition of that area.

Riparian rights

Ownership and Land Use · 15%

Water rights belonging to land bordering a flowing watercourse such as a river or stream.

SAFE Act and MLO endorsement

Financing · 9%

The federal law requiring mortgage loan originators to be licensed or registered through the NMLS with a unique identifier.

Safety clause

Agency and Fiduciary Duties · 17%

A listing provision entitling the broker to a commission if the property sells after expiry to a buyer the broker introduced.

Section 1031 exchange

Transfer of Property · 8%

A deferral of capital gain tax when investment or business real property is exchanged for like-kind real property.

Specific performance

Contracts · 12%

A court order compelling a party to complete the contract rather than pay damages.

Statute of frauds

Contracts · 12%

The rule requiring certain contracts to be in writing to be enforceable.

Steering

Practice and Disclosures · 25%

Directing prospective buyers toward or away from neighbourhoods based on a protected characteristic.

Stigmatized property

Practice and Disclosures · 25%

Property affected by an event, such as a death, that has no physical effect on the structure.

Subdivision Map Act

Ownership and Land Use · 15%

The local physical control over how land is divided, administered by cities and counties.

Subordination clause

Financing · 9%

A provision letting an existing lien voluntarily take a lower priority than a later one.

Tenancy in common

Ownership and Land Use · 15%

Co-ownership with no right of survivorship, permitting unequal shares.

Title insurance

Transfer of Property · 8%

An indemnity policy protecting against loss from defects in title.

Transfer Disclosure Statement (TDS)

Practice and Disclosures · 25%

The statutory form on which a seller of one to four residential units discloses the property's known condition.

Trust funds

Practice and Disclosures · 25%

Money or other things of value received by a broker on behalf of another person in a transaction requiring a real estate licence.

Variance

Ownership and Land Use · 15%

Administrative permission to deviate from a zoning requirement because of a hardship unique to the parcel.

Void and voidable

Contracts · 12%

A void contract never had legal effect. A voidable contract is valid until the party with the power to escape elects to disaffirm it.

Why every entry names what it is confused with

Vocabulary questions on this exam rarely ask for a definition. They describe a situation and offer two terms that both sound plausible. Knowing that commingling is mixing and conversion is spending, or that a GRM uses gross income and a cap rate uses net, is worth more than being able to recite either definition on its own.

Common questions