Florida Real Estate Broker Practice Exam.
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1. Two neighbors shake hands on the oral sale of a vacant lot, but no writing is ever prepared. When the seller backs out, the buyer sues to enforce the deal. How is the oral agreement best characterized?
- A. Void, because it never existed legally
- B. Fully enforceable, because consideration was exchanged
- C. Unenforceable, because the Statute of Frauds requires a signed writing for a land sale
- D. Voidable, because either party may disaffirm it
Show answer & explanation
Answer: C
The Statute of Frauds requires contracts for the sale of real estate to be in writing and signed by the party to be charged to be enforceable. An otherwise valid but unwritten land-sale agreement is unenforceable.2. A buyer and seller orally agree to a sale of a residential lot and shake hands on the price. Neither party signs anything. If the seller later refuses to proceed, what is the most likely status of this agreement?
- A. Void, because no lawful object exists
- B. Unenforceable, because the Statute of Frauds requires real estate sale contracts to be in writing and signed by the party to be charged
- C. Voidable at the buyer's option only
- D. Fully enforceable because both parties agreed on price
Show answer & explanation
Answer: B
The Statute of Frauds requires contracts for the sale of real estate to be in writing and signed by the party to be charged to be enforceable; an oral agreement, though otherwise valid, cannot be enforced in court.3. A candidate answers 74 questions correctly on the 100-question examination, assuming equal weighting. What is the result relative to the passing standard?
- A. The candidate passes, exceeding the required grade
- B. The candidate fails, falling ten points short of the required grade
- C. The candidate fails, falling one point short of the required grade
- D. The candidate passes, exactly meeting the required grade
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Answer: C
With equal weighting, 74 correct answers equal 74 points, which is one point below the 75-point passing grade, so the candidate fails. This is reasoning over the passing score and question count.4. The examination is described as lasting "three and a half hours." Expressed in minutes, how long is this?
- A. 150 minutes
- B. 180 minutes
- C. 210 minutes
- D. 330 minutes
Show answer & explanation
Answer: C
Three and a half hours equals 210 minutes. Choice D incorrectly treats the value as 3 hours and 30 minutes summed as 330.5. A property-ownership study group debates whether answering more than 75 questions correctly on the 100-question exam is necessary to pass. Under equal weighting, which statement is accurate?
- A. Any score above 50 correct answers passes
- B. Exactly 75 correct answers meets the passing grade of 75 points
- C. At least 90 correct answers are required to pass
- D. The passing grade is unrelated to the number of correct answers
Show answer & explanation
Answer: B
Because the passing grade is 75 points and each of the 100 questions is worth one point under equal weighting, exactly 75 correct answers meets the passing standard. This reasons over the passing score and question count.6. The stated exam duration is described as "three and a half hours." How many minutes does this represent?
- A. 190 minutes
- B. 210 minutes
- C. 200 minutes
- D. 230 minutes
Show answer & explanation
Answer: B
Three and a half hours equals 210 minutes, the stated duration of the examination.7. The examination's time allotment is described as three and a half hours. Expressed in minutes, this equals which value?
- A. 350 minutes
- B. 150 minutes
- C. 190 minutes
- D. 210 minutes
Show answer & explanation
Answer: D
Three and a half hours equals 210 minutes, the stated time allotment for the examination.8. A grantor who is uncertain whether they actually hold clear title to a parcel wants to convey whatever interest they may have, without making any promises about the quality of that title. Which deed accomplishes this?
- A. A general warranty deed
- B. A special warranty deed
- C. A quitclaim deed
- D. A deed of trust
Show answer & explanation
Answer: C
A quitclaim deed carries no warranties and conveys only whatever interest the grantor may have, making it appropriate when the grantor is unsure of the title's status.9. A seller signs a deed transferring property but the document does not include a legal description of the parcel. Under the requirements for a valid deed, what is the effect of this omission?
- A. The deed becomes a life estate instead of a fee simple conveyance
- B. The deed fails to meet the requirements for a valid, effective conveyance
- C. The deed is still valid because a legal description is optional if the address is known
- D. The deed automatically converts to a quitclaim deed
Show answer & explanation
Answer: B
A deed must be in writing, name the parties, contain a legal description, include a granting clause, and be signed, delivered, and accepted; omitting the legal description means the deed does not meet these requirements.10. An attorney reviewing a draft deed notices it names both parties, contains a legal description, includes a granting clause, and is signed by the grantor, but it has not yet been handed over to the grantee. What remains necessary for the deed to be effective?
- A. A warranty of title against all defects
- B. Payment of the outstanding property taxes
- C. Nothing further; the deed is already effective once signed
- D. Delivery to and acceptance by the grantee
Show answer & explanation
Answer: D
A deed must be in writing, name the parties, contain a legal description, include a granting clause, and be signed by the grantor AND delivered and accepted. The draft has every element except delivery and acceptance, so those steps remain to make it effective.11. A mortgage lender recorded its lien in 2019. In 2022 the county recorded a property tax lien and a special assessment against the same parcel, which is now being sold at a forced sale. As a general rule, which lien is satisfied first from the proceeds?
- A. The property tax lien and special assessment, regardless of recording date
- B. Whichever lienholder first demanded payment
- C. Neither; liens are paid strictly in the order of recording
- D. The 2019 mortgage lien, because it was recorded first
Show answer & explanation
Answer: A
Property tax liens and special assessments generally take priority over all other liens regardless of when they were recorded. The tax lien and special assessment therefore outrank the earlier-recorded mortgage, so the general 'first in time' rule does not govern here.12. Two adjoining lots share a right-of-way: Lot A's owner has the right to cross Lot B to reach the road, and this right transfers automatically whenever either lot is sold. In this arrangement, which parcel is the servient tenement?
- A. Lot A, which enjoys the crossing right
- B. Whichever lot was recorded first
- C. Lot B, which is burdened by the crossing right
- D. Neither, because the easement ends at each sale
Show answer & explanation
Answer: C
An easement appurtenant benefits an adjoining dominant tenement, burdens the servient tenement, and runs with the land. Lot A is the benefited dominant tenement, so Lot B, which bears the burden of the crossing, is the servient tenement; because the easement runs with the land it survives a sale.13. A residential lease is negotiated for a term of eighteen months but is never reduced to writing. Under the Statute of Frauds, what is the consequence for enforceability?
- A. It is automatically void because leases cannot be oral
- B. It must be in writing and signed by the party to be charged to be enforceable, because it exceeds one year
- C. It is enforceable because leases are exempt from the writing requirement
- D. It is enforceable only if the tenant records it
Show answer & explanation
Answer: B
The Statute of Frauds requires leases longer than one year to be in writing and signed by the party to be charged to be enforceable. An eighteen-month lease exceeds one year, so an oral version is unenforceable.14. A broker preparing a purchase agreement lists the components the parties must have for the contract to be legally valid. Which set correctly states the four essential elements of a valid real estate contract?
- A. Offer, earnest money, a licensed broker, and recording
- B. Mutual assent, consideration, legally competent parties, and a lawful object
- C. Consideration, a survey, title insurance, and delivery
- D. Mutual assent, a contingency, a notarized signature, and possession
Show answer & explanation
Answer: B
A valid real estate contract requires mutual assent (offer and acceptance), consideration, legally competent parties, and a lawful object. The other options list closing or transactional items that are not the four essential formation elements.15. An offeror has submitted a written offer to purchase but has not yet heard back. Before the offeree communicates any acceptance, the offeror changes his mind. What may the offeror do?
- A. Nothing; an offer is irrevocable once it is written
- B. Revoke the offer any time before acceptance is communicated
- C. Revoke the offer only after a 3-day waiting period
- D. Revoke the offer, but only with the offeree's permission
Show answer & explanation
Answer: B
An offer may be revoked at any time before acceptance is communicated. Since the offeree has not yet communicated acceptance, the offeror is free to withdraw the offer.16. A 16-year-old signs a contract to purchase a parcel of land. Which term most precisely describes a contract that a party such as a minor may disaffirm?
- A. Unenforceable
- B. Void
- C. Voidable
- D. Executed
Show answer & explanation
Answer: C
A contract that a party may disaffirm, such as one signed by a minor, is voidable. It is distinguished from a void contract (which never existed legally) and an unenforceable contract (valid but not enforceable in court).17. A broker represents both the buyer and the seller in the same transaction. Under agency law governing this contractual relationship, when is such dual agency permitted?
- A. Whenever the broker discloses it orally to the seller alone
- B. Only with the informed written consent of both parties
- C. Never, under any circumstances
- D. Automatically, because a single broker may always represent both sides
Show answer & explanation
Answer: B
Dual agency, representing both buyer and seller in the same transaction, is permitted only with the informed written consent of both parties. Consent from one side alone or mere oral disclosure is insufficient.18. Two states handle mortgage title differently. In State X, the lender holds legal title until the loan is paid off. In State Y, the borrower holds title and the lender holds only a lien. How are these two arrangements classified?
- A. State X is a lien-theory state; State Y is a title-theory state
- B. Both are title-theory states
- C. State X is a title-theory state; State Y is a lien-theory state
- D. Both are lien-theory states
Show answer & explanation
Answer: C
In a title-theory arrangement the lender holds legal title until the debt is paid, so State X is title-theory. In a lien-theory state the borrower holds title and the lender holds only a lien, so State Y is lien-theory.19. A buyer is quoted a loan and asks about paying a discount point to lower the interest rate. On a loan of $300,000, how much does one discount point cost, and what is its purpose?
- A. $3,000 — it is a penalty for early repayment
- B. $30,000 — it is the required down payment
- C. $3,000 — it is prepaid interest that buys down the interest rate
- D. $300 — it is a fee paid to the appraiser
Show answer & explanation
Answer: C
One discount point equals one percent of the loan amount and is prepaid interest that buys down the interest rate. One percent of $300,000 is $3,000; the arithmetic is a straightforward inference from that definition.20. Which federal law governs federally related mortgage loans, prohibits kickbacks and unearned referral fees, and requires the Loan Estimate and Closing Disclosure?
- A. The Civil Rights Act of 1866
- B. The Truth in Lending Act (TILA)
- C. The Real Estate Settlement Procedures Act (RESPA)
- D. The Statute of Frauds
Show answer & explanation
Answer: C
RESPA governs federally related mortgage loans, prohibits kickbacks and unearned referral fees, and requires the Loan Estimate and Closing Disclosure. TILA concerns disclosure of the APR and finance charge; the other options are unrelated to settlement procedures.21. A homeowner refinances the mortgage on her principal residence. Under the Truth in Lending Act, what special protection may she have after signing?
- A. An automatic waiver of private mortgage insurance
- B. A twenty-percent reduction in her interest rate
- C. A three-day right of rescission on certain refinances of a principal residence
- D. A guaranteed VA loan regardless of eligibility
Show answer & explanation
Answer: C
TILA, implemented by Regulation Z, grants a three-day right of rescission on certain refinances of a principal residence. The other options describe benefits that TILA does not confer.22. A broker deposits a client's earnest money into the brokerage's own operating account to cover a temporary shortfall, intending to replace it before closing. Which fiduciary duty has the broker most directly violated?
- A. Obedience
- B. Reasonable care and diligence
- C. Accounting
- D. Loyalty
Show answer & explanation
Answer: C
The accounting duty requires depositing client funds in a separate trust or escrow account and never commingling them with the broker's own funds. Placing earnest money in the operating account is commingling, a breach of accounting.23. A purchase agreement states that the buyer's duty to close depends on the buyer securing a mortgage and on a satisfactory home inspection. What are these preconditions to performance called?
- A. Contingencies
- B. Liquidated damages
- C. Encumbrances
- D. Covenants of seisin
Show answer & explanation
Answer: A
Contingencies are conditions that must be satisfied before a party is obligated to perform. Financing and inspection contingencies are among the common examples.24. A seller signs a valid contract to sell a one-of-a-kind waterfront home but then refuses to convey it, and the buyer wants the property itself rather than money. Which remedy allows a court to compel the seller to convey?
- A. Revocation
- B. Liquidated damages
- C. Rescission of the listing agreement
- D. Specific performance
Show answer & explanation
Answer: D
Specific performance compels conveyance because land is deemed unique. A buyer who wants the actual property rather than a monetary award may seek this remedy.25. A real estate agent, responding to a Black family's inquiry, shows them homes only in certain neighborhoods while steering a white family with the same budget toward different areas. Which fair housing violation does this describe, and what is its statutory backstop for race?
- A. Blockbusting, exempted for owner-occupied buildings
- B. Steering, and race discrimination under the Civil Rights Act of 1866 has no exemptions
- C. Legitimate market matching, which fair housing law permits
- D. Redlining, which applies only to lenders
Show answer & explanation
Answer: B
Steering is directing buyers toward or away from neighborhoods based on a protected class. Race is a protected class, and race discrimination established under the Civil Rights Act of 1866 has no exemptions.26. An eligible veteran wants a loan that may permit no down payment and is guaranteed by the government. Which loan type fits this description?
- A. A VA loan
- B. A conventional loan
- C. An FHA loan
- D. A quitclaim loan
Show answer & explanation
Answer: A
VA loans are guaranteed for eligible veterans and can permit no down payment. Conventional loans are not government-backed, and FHA loans are insured by the FHA with low down payments rather than guaranteed for veterans.27. A buyer signs a seller's offer but crosses out the closing date and writes in a date two weeks later before returning it. What is the legal effect of this change?
- A. It forms a binding contract on the seller's original terms
- B. It is a contingency that suspends the seller's duty to perform
- C. It renders the contract voidable at the seller's option
- D. It operates as a counteroffer that rejects and extinguishes the original offer
Show answer & explanation
Answer: D
Acceptance must be unqualified, so any material change to the terms operates as a counteroffer that rejects and extinguishes the original offer. Altering the closing date is a material change.28. A grantor conveys property using a deed that contains no covenants and transfers only whatever interest the grantor happens to hold. Which type of deed is this, and how does it compare in protection to a general warranty deed?
- A. A general warranty deed, which warrants title against all defects
- B. A quitclaim deed, which offers the greatest protection available
- C. A special warranty deed, which warrants only against the grantor's own acts
- D. A quitclaim deed, which offers less protection because it carries no warranties
Show answer & explanation
Answer: D
A quitclaim deed carries no warranties and conveys only whatever interest the grantor may have, so it offers less protection than a general warranty deed, which warrants title against all defects arising at any time.29. A property has a first mortgage recorded in 2019 and unpaid property taxes assessed in 2022. If the property is sold at a forced sale, which claim generally has priority?
- A. They share equally on a pro rata basis
- B. The mortgage, because it was recorded first
- C. Whichever creditor files suit first
- D. The property tax lien, because tax liens generally take priority over all other liens regardless of recording date
Show answer & explanation
Answer: D
Property tax liens and special assessments generally take priority over all other liens regardless of when they were recorded, so the tax lien outranks the earlier-recorded mortgage.30. After a listing agreement ends, the former agent reveals to a prospective buyer that the seller had privately said she would accept far less than the asking price. This conduct breaches which duty, and why?
- A. Disclosure, because material facts must always be revealed to buyers
- B. Accounting, because it concerns the sale price
- C. Confidentiality, which survives termination of the agency
- D. Loyalty, because the agency relationship is still active
Show answer & explanation
Answer: C
Confidentiality survives termination of the agency and forbids revealing information that would harm the principal's bargaining position. Disclosing the seller's willingness to accept less damages her position even after the agency ends.31. A brokerage represents both the buyer and the seller in the same transaction. Under what circumstances is this arrangement permitted?
- A. Automatically, provided each party has separate counsel
- B. Only when the transaction price exceeds market value
- C. Never, because it is an inherent conflict of interest
- D. Only with the informed written consent of both parties
Show answer & explanation
Answer: D
Dual agency—representing both buyer and seller in the same transaction—is permitted only with the informed written consent of both parties.32. A seller receives a written offer and, before responding, telephones the buyer to say the offer is withdrawn. The buyer had not yet been told of any acceptance. Is the withdrawal effective?
- A. Yes, because an offer may be revoked any time before acceptance is communicated
- B. No, because only the buyer may revoke an offer once it is written
- C. Yes, but only if the buyer had not paid earnest money
- D. No, because written offers cannot be revoked orally
Show answer & explanation
Answer: A
An offer may be revoked any time before acceptance is communicated. Since no acceptance had been communicated to the buyer, the revocation is effective.33. A grantor conveys a parcel to her nephew for as long as he lives, with the property to pass to a named third party upon his death. Which estate has the grantor created?
- A. A life estate
- B. An easement appurtenant
- C. A fee simple absolute
- D. A leasehold estate
Show answer & explanation
Answer: A
A life estate lasts for the duration of a named person's life, after which title passes to a remainderman or reverts to the grantor. Here the third party who takes on the nephew's death is the remainderman, which distinguishes this from a fee simple absolute (the highest, freely inheritable estate).34. Which form of ownership represents the highest and most complete interest a person can hold in real property?
- A. A life estate
- B. An easement appurtenant
- C. A fee simple absolute
- D. A quitclaim interest
Show answer & explanation
Answer: C
The fee simple absolute is the highest and most complete form of ownership, freely inheritable and transferable. A life estate is limited to a person's lifetime, and an easement is a non-possessory interest, so neither is the most complete.35. A buyer wants the strongest possible assurances that the seller is conveying good title free of defects arising at any point in the chain of ownership. Which deed should the buyer insist upon?
- A. An easement grant
- B. A quitclaim deed
- C. A life estate deed
- D. A general warranty deed
Show answer & explanation
Answer: D
A general warranty deed offers the greatest protection because the grantor warrants title against all defects arising at any time. A quitclaim deed, by contrast, carries no warranties and conveys only whatever interest the grantor may have.36. To settle a possible boundary dispute, a neighbor signs an instrument releasing to the adjoining owner whatever interest, if any, the neighbor might hold in a disputed strip, without promising that any interest exists. This instrument is best described as:
- A. A general warranty deed
- B. A deed conveying a fee simple absolute with covenants
- C. A quitclaim deed
- D. An easement appurtenant
Show answer & explanation
Answer: C
A quitclaim deed carries no warranties and conveys only whatever interest the grantor may have. Because the neighbor makes no promise that any interest exists and simply releases what they might hold, the instrument is a quitclaim deed rather than a warranty deed.37. Immediately after closing, a purchaser records her deed in the public land records. What legal effect does recording chiefly accomplish?
- A. It converts a quitclaim deed into a general warranty deed
- B. It gives constructive notice to the world and establishes priority
- C. It extinguishes any property tax liens on the parcel
- D. It transfers legal title, which the unrecorded deed had not done
Show answer & explanation
Answer: B
Recording the deed in the public land records gives constructive notice to the world and establishes priority. It does not itself transfer title (delivery and acceptance already did that) nor change the type of deed or eliminate tax liens.38. Which statement about an easement appurtenant is correct?
- A. It gives the holder the highest and most complete ownership of both parcels
- B. It automatically terminates the moment either parcel is sold
- C. It burdens the dominant tenement and benefits the servient tenement
- D. It runs with the land, so it passes to later owners of the parcels
Show answer & explanation
Answer: D
An easement appurtenant benefits an adjoining dominant tenement, burdens the servient tenement, and runs with the land. Because it runs with the land, it passes to subsequent owners; the benefit attaches to the dominant tenement and the burden to the servient tenement, the reverse of choice A.39. A grantor delivers a deed that names the parties, gives a legal description, includes a granting clause, and is signed, but the deed expressly disclaims any warranties and conveys 'only such interest as the grantor may have.' The grantee later discovers a title defect predating the grantor's ownership. What is the grantee's position on warranty protection?
- A. The grantee has no warranty protection, because a quitclaim deed carries no warranties and conveys only whatever interest the grantor had
- B. The grantee is fully protected, because every properly executed deed warrants title against all defects
- C. The grantee is protected only against defects arising after delivery
- D. The grantee automatically receives a fee simple absolute free of all defects
Show answer & explanation
Answer: A
The deed's disclaimer of warranties conveying 'only such interest as the grantor may have' describes a quitclaim deed, which carries no warranties and conveys only whatever interest the grantor may have. Only a general warranty deed warrants title against all defects arising at any time, so the grantee here has no such protection.40. A seller receives a written offer and returns it with the price raised by $5,000 but all other terms unchanged. Which statement best describes the legal effect of the seller's response?
- A. It is a valid acceptance because only one term was altered
- B. It has no legal effect until the buyer records it
- C. It creates two simultaneously binding contracts
- D. It operates as a counteroffer that rejects and extinguishes the original offer
Show answer & explanation
Answer: D
Acceptance must be unqualified. Because the seller made a material change to the price, the response operates as a counteroffer that rejects and extinguishes the buyer's original offer rather than accepting it.41. Two neighbors orally agree that one will sell the other a vacant lot, and they shake hands but never put anything in writing. When the seller backs out, why is the buyer unable to enforce the deal in court?
- A. Consideration was never exchanged
- B. A handshake makes the contract voidable at the seller's option
- C. The Statute of Frauds requires a contract for the sale of real estate to be in writing and signed by the party to be charged to be enforceable
- D. Oral land-sale agreements are void from the outset
Show answer & explanation
Answer: C
The Statute of Frauds requires that contracts for the sale of real estate be in writing and signed by the party to be charged in order to be enforceable. An otherwise valid but unwritten land-sale agreement is unenforceable, not void.42. A purchase contract contains a clause providing that, if the buyer defaults, the seller may keep the earnest money as the agreed measure of damages. This clause is best described as a:
- A. Liquidated damages clause
- B. Acceleration clause
- C. Granting clause
- D. Contingency clause
Show answer & explanation
Answer: A
A liquidated damages clause lets the seller retain the earnest money as the agreed measure of the buyer's default. An acceleration clause relates to mortgage debt, and a granting clause is a deed component, so neither fits.43. A borrower signs a document that both evidences the debt and contains the promise to repay the lender. Separately, a second instrument pledges the property as security for that debt. What are these two instruments called?
- A. A deed of trust and a general warranty deed
- B. A mortgage and a quitclaim deed
- C. A promissory note and a Loan Estimate
- D. A promissory note and a mortgage (or deed of trust)
Show answer & explanation
Answer: D
A mortgage loan involves two instruments: a promissory note that evidences the debt and the borrower's promise to pay, and a mortgage or deed of trust that pledges the property as security. The other options mix in unrelated documents such as deeds or disclosures.44. After a borrower misses several payments, the lender invokes a clause in the mortgage that permits it to declare the entire remaining loan balance immediately due and payable. Which clause is this?
- A. The acceleration clause
- B. The substitution clause
- C. The liquidated damages clause
- D. The granting clause
Show answer & explanation
Answer: A
The clause that lets the lender declare the entire balance due upon default is the acceleration clause. The other options are unrelated to accelerating a loan balance upon default.45. A borrower is obtaining a conventional loan and putting down 10% of the purchase price. Which of the following is she typically required to carry, and why?
- A. An FHA insurance premium, because all conventional loans are FHA-insured
- B. Private mortgage insurance, because her down payment is less than twenty percent
- C. No insurance, because conventional loans never require it
- D. A VA guaranty fee, because conventional loans are government-backed
Show answer & explanation
Answer: B
Private mortgage insurance is typically required on conventional loans when the down payment is less than twenty percent. A 10% down payment falls below that threshold, so PMI is typically required.46. A lender must clearly disclose the annual percentage rate (APR) and the total finance charge so a borrower can compare the true cost of credit. Which law, and its implementing regulation, imposes this requirement?
- A. The Truth in Lending Act, implemented by Regulation Z
- B. The Fair Housing Act, implemented by the OLD CAR rule
- C. The Civil Rights Act of 1866, implemented by Regulation Z
- D. RESPA, implemented by the Loan Estimate
Show answer & explanation
Answer: A
TILA, implemented by Regulation Z, requires disclosure of the APR and total finance charge so borrowers can compare the true cost of credit. RESPA governs settlement procedures rather than APR disclosure, and the other pairings are invalid.47. A loan officer offers a real estate agent a cash payment for every borrower the agent refers, even though the agent performs no settlement service in return. Which statement best describes the legality of this arrangement?
- A. It is required disclosure under Regulation Z's APR rules
- B. It is protected as a discount point that buys down the rate
- C. It is permitted because referral fees are always earned
- D. It is prohibited as an unearned referral fee under RESPA
Show answer & explanation
Answer: D
RESPA prohibits kickbacks and unearned referral fees on federally related mortgage loans; paying an agent for referrals where no service is performed is exactly such an unearned referral fee. The remaining options misapply unrelated concepts.48. A borrower makes a down payment equal to ten percent on a conventional loan. Based on typical conventional-loan requirements, what additional cost should the borrower most likely expect?
- A. A three-day right of rescission fee
- B. Private mortgage insurance, typically required when the down payment is less than twenty percent
- C. An FHA insurance premium, because the loan is government-backed
- D. A discount point equal to the full loan amount
Show answer & explanation
Answer: B
Private mortgage insurance is typically required on conventional loans when the down payment is less than twenty percent. A ten percent down payment falls below that threshold. Conventional loans are not government-backed.49. A property buyer includes an inspection contingency in the purchase contract. If a major structural defect is discovered during the inspection period, what is the legal significance of the contingency?
- A. The seller must provide a general warranty deed
- B. The buyer is obligated to close regardless of the inspection results
- C. The buyer's obligation to perform depends on the contingency condition being satisfied
- D. The contract is automatically void
Show answer & explanation
Answer: C
Contingencies are conditions that must be satisfied before a party is obligated to perform; an inspection contingency ties the buyer's performance obligation to the outcome of the inspection.50. A candidate scores exactly 74 points on the examination. Based on the stated passing standard, what is the outcome?
- A. The candidate passes, because any score above 70 is a pass
- B. The candidate does not pass, because the score is below 75 points
- C. The outcome cannot be determined from the score alone
- D. The candidate passes, because the score rounds up to 75
Show answer & explanation
Answer: B
The passing standard is a grade of 75 points or higher. A score of 74 points falls below that threshold, so the candidate does not pass. This is reasoning applied to the stated passing score.51. A property has a first mortgage recorded five years ago and a mechanic's lien recorded last month, and now the county places a property tax lien on the parcel for unpaid taxes. In terms of payment priority among these three liens, where does the tax lien rank?
- A. It ranks last because it was recorded after the other two liens
- B. It ranks behind the mortgage but ahead of the mechanic's lien because it was recorded most recently
- C. It generally takes priority over the other liens regardless of when it was recorded
- D. It ties with the mortgage for first priority and the proceeds are split evenly
Show answer & explanation
Answer: C
Property tax liens and special assessments generally take priority over all other liens regardless of when they were recorded, so the tax lien would be paid first even though it was recorded last.52. A title examiner reviewing a chain of title notices that one deed in the history of the property was never in writing, but was instead based entirely on an oral agreement between the parties for the sale of the land. What is the legal status of that oral land-sale agreement?
- A. It is unenforceable because it fails to satisfy the writing requirement for land sales
- B. It is voidable at the buyer's option only
- C. It is void because oral agreements have no legal existence
- D. It is fully valid and enforceable since real estate custom does not require writing
Show answer & explanation
Answer: A
The Statute of Frauds requires contracts for the sale of real estate to be in writing and signed by the party to be charged; an unwritten land-sale agreement is the example given of a contract that is unenforceable despite being otherwise valid.53. A seller signs a listing agreement guaranteeing the broker a commission no matter who ultimately produces a buyer, including the seller herself. Which type of listing agreement is this?
- A. Open listing
- B. Exclusive agency listing
- C. Exclusive right to sell
- D. Net listing
Show answer & explanation
Answer: C
An exclusive right to sell listing entitles the broker to a commission regardless of who finds the buyer, even the seller acting alone, which distinguishes it from an exclusive agency listing where the seller keeps the right to sell commission-free, and from an open listing, where multiple brokers compete and only the procuring broker earns a fee; a net listing instead bases commission on proceeds above a set price.54. A licensed sales associate deposits a buyer's earnest money check into her personal checking account instead of the broker's escrow account, intending to transfer it later. Which state agency has authority to investigate and discipline her for this conduct?
- A. The local multiple listing service
- B. The county tax collector's office
- C. The Florida Bar
- D. The Florida Department of Business and Professional Regulation acting through the Florida Real Estate Commission
Show answer & explanation
Answer: D
DBPR/FREC is the state agency empowered to license and discipline real estate licensees in Florida, including investigating trust fund handling violations such as commingling; the other bodies listed have no jurisdiction over license discipline, since the Bar regulates attorneys, an MLS is a private listing service, and a tax collector handles property tax collection rather than licensee conduct.55. A broker holds earnest money in escrow, and after the deal collapses, the buyer and seller each submit written demands claiming the entire deposit. Neither will agree to a resolution. What must the broker do with the disputed funds?
- A. Notify the Florida Real Estate Commission of the conflicting demands and pursue an approved resolution procedure such as an escrow disbursement order, mediation, arbitration, or interpleader
- B. Immediately release the funds to whichever party demanded first
- C. Keep the funds in the brokerage's operating account until one party gives up
- D. Split the deposit evenly between the parties without informing anyone
Show answer & explanation
Answer: A
When a broker receives conflicting demands for escrowed funds, licensing law requires notifying the regulatory commission and pursuing one of the approved dispute-resolution paths rather than unilaterally deciding who receives the money; releasing funds on a first-come basis, splitting the deposit without authority, or moving it into an operating account would each expose the broker to conversion or commingling liability.56. A consumer obtains a court judgment against a real estate licensee for fraud committed during a transaction but is unable to collect the judgment because the licensee has no assets. What state-administered fund may provide limited reimbursement to the consumer?
- A. The state general revenue fund
- B. The Real Estate Recovery Fund
- C. The broker's professional liability insurer, regardless of coverage
- D. The multiple listing service dues pool
Show answer & explanation
Answer: B
Many states, including Florida, maintain a recovery fund financed in part by licensee fees to provide limited, last-resort reimbursement to consumers who obtain an uncollectible judgment against a licensee for wrongdoing in a transaction; the other choices are not the mechanism designed for this purpose, and an insurer would pay only if the licensee actually carried applicable coverage.57. Several competing brokers in the same city informally agree among themselves to charge an identical commission rate on all listings. Under real estate license law and antitrust principles, how is this arrangement treated?
- A. It is permitted if the brokers belong to the same trade association
- B. It is an illegal price-fixing agreement because commission rates must be independently negotiated between each broker and client
- C. It is permitted as long as the rate is disclosed to sellers
- D. It is permitted because commission rates are set by custom in most markets
Show answer & explanation
Answer: B
Agreements among competing brokers to set uniform commission rates constitute illegal price fixing under antitrust law, since commission is meant to be independently negotiated between each brokerage and its own client; disclosure, market custom, or shared trade-association membership does not cure the antitrust violation.58. A newly licensed sales associate wants to begin listing and selling property immediately after passing the state exam. Under Florida license law, what must occur before the associate may legally practice?
- A. The associate must register under an actively licensed broker who supervises the associate's activities
- B. The associate must first complete a separate broker's license
- C. The associate may practice independently for the first year
- D. The associate may practice only within the county where the exam was taken
Show answer & explanation
Answer: A
Sales associates in Florida must be registered with and supervised by a licensed broker before engaging in real estate activities; they may not practice independently, are not restricted to a single county, and do not need a broker's license to begin working as an associate.59. A sales associate places a newspaper ad for a listed property but includes only her personal cell phone number, without naming her brokerage anywhere in the ad. What licensing problem does this ad create?
- A. It is permitted as long as the property address is included
- B. None, because personal contact information is preferred by consumers
- C. It is a prohibited blind ad because advertising must disclose the brokerage's name
- D. It is permitted if the associate later discloses the brokerage name at showing
Show answer & explanation
Answer: C
License law requires that real estate advertising disclose the brokerage's name so consumers know they are dealing with a licensed brokerage rather than a private individual; omitting the brokerage identity, even with a working contact number, creates a prohibited blind ad regardless of whether the address is listed or the name is mentioned later at a showing.60. A brokerage lists a home and works with an unrepresented buyer, and neither party has signed a single agent agreement. Absent any other written designation, what relationship typically exists by default under Florida law?
- A. Single agency for the seller only, with no duties owed to the buyer
- B. A transaction broker relationship, owing limited statutory duties to both parties
- C. No relationship exists until closing
- D. Dual agency automatically applies
Show answer & explanation
Answer: B
Florida law presumes a transaction broker relationship unless the parties affirmatively agree in writing to single agency, meaning the licensee owes limited statutory duties such as honesty and fair dealing to both buyer and seller rather than full fiduciary loyalty to just one side; dual agency and the absence of any relationship do not describe this default arrangement.61. A buyer tours a home with Agent A, who provides substantial assistance, but later completes the purchase directly with the listing agent after Agent A stops responding to calls. Agent A files a commission claim. What must be shown to establish Agent A as the procuring cause?
- A. That Agent A's efforts set in motion an uninterrupted chain of events leading to the sale, without abandonment of the buyer
- B. That the buyer signed a written offer with Agent A at some point
- C. That Agent A was the first person to ever show the buyer any property
- D. That Agent A held an exclusive buyer agency agreement, regardless of later conduct
Show answer & explanation
Answer: A
Procuring cause turns on whether an agent's efforts formed the direct, uninterrupted chain of causation leading to the eventual sale; merely being the first agent to show a property, holding an agreement, or having obtained a signed offer does not by itself establish procuring cause if the agent later abandoned the buyer or the chain of causation was broken.62. A licensed broker wants to keep her license active for the next renewal period. Beyond paying required fees, what must she typically also complete?
- A. Nothing further, since the original licensing exam covers her full career
- B. A new background check only if she changes brokerages
- C. State-approved continuing education coursework
- D. Re-taking the full original licensing examination each period
Show answer & explanation
Answer: C
Active licensees must complete state-approved continuing education during each renewal cycle to keep their license current; the original exam is not repeated at renewal, and a new background check is not a standard renewal requirement unless triggered by specific circumstances.63. A seller agrees that her broker may keep, as commission, any amount received above a stated minimum sale price. During negotiations, the broker fails to disclose a much higher competing offer he privately fields for a buyer he also represents. What has the broker most likely violated?
- A. The requirement that all listings be exclusive right to sell
- B. Nothing, since net listings are always prohibited outright
- C. The prohibition on any broker ever representing more than one buyer
- D. His fiduciary duty of full disclosure to the seller, by withholding material information that could increase her proceeds
Show answer & explanation
Answer: D
Even where a net listing arrangement is permitted, the broker still owes the seller a duty to disclose material facts that could affect her financial outcome, such as a materially higher competing offer; net listings are not banned outright, listings need not be exclusive right to sell, and representing multiple buyers is not itself prohibited.64. An unlicensed individual negotiates the sale price and terms of a commercial building on behalf of the owner in exchange for a fee, without ever obtaining a real estate license. What is the legal consequence of this conduct?
- A. It is permitted because only the buyer's side of a transaction requires licensure
- B. It constitutes unlicensed practice of real estate activity and exposes the individual to licensing sanctions
- C. It is permitted because the transaction involves commercial rather than residential property
- D. It is permitted as long as the fee is disclosed to both parties
Show answer & explanation
Answer: B
Negotiating the sale of real property for compensation on behalf of another person is an activity that requires licensure regardless of whether the property is commercial or residential, whether the fee is disclosed, or which side of the transaction is involved; performing it without a license exposes the individual to civil and licensing penalties.65. During a routine audit, a state investigator asks a broker to produce escrow account records and transaction files for the past several years. What is the broker's obligation?
- A. To refuse until served with a court subpoena
- B. To make the required business and escrow records available for inspection, since licensees must maintain and produce them on request
- C. To provide records only if the investigator names a specific complainant
- D. To provide only records for currently open transactions
Show answer & explanation
Answer: B
Licensees are required to maintain accurate escrow and transaction records and make them available to the regulatory agency upon request as part of routine oversight; a licensee cannot condition production on a subpoena, limit the disclosure to open files only, or demand to know a complainant's identity before complying.66. A seller lists her home with a broker but retains the right to sell the property herself, without owing any commission, if she finds the buyer independently. If a different agent from another firm sells the home, however, the listing broker is still owed commission. Which listing type describes this?
- A. Open listing
- B. Exclusive right to sell listing
- C. Exclusive agency listing
- D. Multiple listing
Show answer & explanation
Answer: C
An exclusive agency listing allows the seller to avoid paying commission only if the seller personally finds the buyer, while any other broker who produces a buyer still triggers commission owed to the listing broker; this differs from an open listing, where any broker or the seller can produce the buyer and only the procuring one earns a fee, and from an exclusive right to sell listing, which pays the broker regardless of who finds the buyer.67. A prospective buyer pays a landowner a nonrefundable fee for the exclusive right, but not the obligation, to purchase a parcel at a fixed price within the next six months. What kind of agreement has the buyer obtained?
- A. A right of first refusal
- B. An option contract
- C. An installment land contract
- D. A bilateral purchase contract
Show answer & explanation
Answer: B
An option contract grants the holder the right, but not the obligation, to purchase property on specified terms within a defined period in exchange for consideration, which is distinct from a right of first refusal, a right to match a future offer, and from an installment land contract, in which the buyer already agrees to purchase and pays over time; a bilateral contract would obligate both parties to perform.68. A buyer takes possession of a home and makes monthly payments directly to the seller over several years, with the seller retaining legal title until the final payment is made. What type of arrangement is this?
- A. An installment land contract, also called a contract for deed
- B. A deed in lieu of foreclosure
- C. A lease with an option to buy
- D. A traditional mortgage financed sale
Show answer & explanation
Answer: A
In an installment land contract, also called a contract for deed, the seller finances the purchase directly and retains legal title as security until the buyer completes all agreed payments, unlike a traditional mortgage sale where the buyer receives title at closing and unlike a lease-option, where the tenant has not yet agreed to purchase; a deed in lieu of foreclosure instead transfers title back to a lender to avoid foreclosure.69. A signed purchase agreement obligates the buyer to pay the purchase price and obligates the seller to convey title, with both parties bound to perform their respective promises. What type of contract is this?
- A. A voidable contract
- B. A bilateral contract
- C. An executed contract
- D. A unilateral contract
Show answer & explanation
Answer: B
A bilateral contract involves mutual promises where both parties are obligated to perform, as in a typical purchase agreement; a unilateral contract involves a promise in exchange for an act rather than a return promise, an executed contract has already been fully performed, and a voidable contract is one that a party may elect to disaffirm.70. A buyer and seller sign a written agreement for the sale of a residential lot, but the agreed use of the property violates a local zoning ordinance in a way that makes the contract's underlying purpose illegal. How is such a contract generally treated?
- A. Void from the outset, since a contract for an illegal purpose has no legal effect
- B. Enforceable, because zoning issues do not affect contract validity
- C. Unenforceable only if one party did not know about the ordinance
- D. Voidable at the election of either party
Show answer & explanation
Answer: A
A contract formed for an illegal purpose is void from its inception and cannot be enforced by either party, unlike a voidable contract, which is valid until a party elects to disaffirm it such as due to incapacity; knowledge of the ordinance is irrelevant to the contract's fundamental illegality, and zoning violations affecting the contract's core purpose do go to its validity.71. A buyer under a signed purchase contract wants to transfer his rights and obligations to a third party investor before closing, and the contract contains no clause prohibiting this. What is this transfer called?
- A. Novation
- B. Assignment
- C. Rescission
- D. Consideration
Show answer & explanation
Answer: B
Transferring one's contractual rights and duties to a third party is called an assignment, and absent a prohibiting clause it is generally permitted; this differs from novation, which substitutes a new party and releases the original party only with the other party's consent, from consideration, the value exchanged to form a contract, and from rescission, which unwinds the contract entirely.72. A buyer under contract to purchase a home wants to be fully released from further liability, so the seller agrees in writing to substitute a new buyer in his place under the same terms. What legal concept describes this substitution?
- A. Novation
- B. Partial performance
- C. Assignment
- D. Consideration
Show answer & explanation
Answer: A
Novation occurs when all parties agree to substitute a new party into a contract and fully release the original party from further liability, which distinguishes it from a mere assignment, where the original party typically remains secondarily liable; consideration refers to the value exchanged to form a contract, and partial performance concerns steps taken toward completing an agreement, not substitution of parties.73. A purchase contract states that time is of the essence regarding the closing date. What is the legal effect of this clause on a party who closes several days late without justification?
- A. The clause only applies to the earnest money deposit deadline
- B. The late party may be considered in material breach, since strict compliance with stated deadlines becomes a contract requirement
- C. The clause automatically voids the contract regardless of any breach
- D. The clause has no binding effect and is purely aspirational language
Show answer & explanation
Answer: B
A time-is-of-the-essence clause makes strict adherence to stated deadlines a material term of the contract, so an unjustified delay can constitute a material breach exposing the late party to remedies; the clause is not merely aspirational, is not limited to the earnest money deadline, and does not automatically void the contract without regard to the nature of any breach.74. A buyer discovers after signing that the seller knowingly misrepresented a material fact about the property's condition. The buyer wants to unwind the transaction entirely and be restored to her pre-contract position. Which remedy is she seeking?
- A. Rescission
- B. Specific performance
- C. Liquidated damages
- D. Compensatory damages only
Show answer & explanation
Answer: A
Rescission cancels the contract and restores both parties to their pre-contract position, which is the appropriate remedy when a party seeks to unwind a deal due to fraud or material misrepresentation; specific performance instead compels completion of the sale, liquidated damages are a pre-agreed sum for breach, and compensatory damages award money to make the injured party whole without unwinding the deal.75. For a buyer's acceptance of a seller's offer to create a binding contract, contract law generally requires the acceptance to match the offer's terms exactly, without adding, deleting, or changing any provision. What is this requirement commonly called?
- A. The parol evidence rule
- B. The mirror image rule
- C. The doctrine of substantial performance
- D. The statute of frauds
Show answer & explanation
Answer: B
The mirror image rule requires that an offeree's acceptance match the terms of the offer exactly for a valid contract to form; any change instead operates as a counteroffer rather than an acceptance. This differs from the parol evidence rule, which governs outside evidence used to interpret a written contract, the statute of frauds, which requires certain contracts to be in writing, and substantial performance, a doctrine assessing whether performance was close enough to discharge obligations rather than contract formation.76. A buyer wants to sue a seller for breach of a real estate purchase contract but has waited an unusually long time after the breach occurred before filing suit. What legal doctrine may bar the claim entirely regardless of its merits?
- A. The doctrine of laches only, since statutes never apply to contract claims
- B. The parol evidence rule
- C. The statute of limitations, which sets a maximum time period within which a lawsuit must be filed
- D. The mailbox rule
Show answer & explanation
Answer: C
The statute of limitations establishes a maximum window after a breach within which a party must file suit, and failing to sue within that period can bar an otherwise valid claim; the parol evidence rule instead governs use of outside evidence to vary written contract terms, the mailbox rule concerns when acceptance is effective, and laches is a separate equitable doctrine, not the primary time-bar for standard contract claims.77. A purchase contract sets the earnest money deposit as liquidated damages if the buyer defaults. For a court to enforce this clause rather than treat it as an unenforceable penalty, what must generally be true of the amount?
- A. It must exceed the seller's actual loss to be effective
- B. It must be left blank and determined later by the court
- C. It must bear a reasonable relationship to the seller's anticipated actual damages at the time of contracting
- D. It must equal exactly the full purchase price
Show answer & explanation
Answer: C
For a liquidated damages provision to be enforceable rather than struck down as a punitive penalty, the amount must reasonably approximate the damages the parties anticipated at the time of contracting, not an arbitrary or excessive figure; setting it at the full purchase price, leaving it undetermined, or deliberately exceeding actual loss would each undermine its validity as a genuine pre-estimate of damages.78. A married couple takes title to their homestead together, with each spouse owning an undivided whole interest, a right of survivorship, and neither able to convey or encumber the property without the other's consent. Which form of co-ownership is this?
- A. Joint tenancy without survivorship
- B. Tenancy by the entirety
- C. Tenancy in common
- D. Community property
Show answer & explanation
Answer: B
Tenancy by the entirety is a form of co-ownership available only to married couples, featuring right of survivorship and a requirement that both spouses join in any conveyance or encumbrance; it differs from tenancy in common, which has no survivorship and individually transferable shares, joint tenancy stripped of survivorship, and community property, a separate marital-property system not generally used in Florida.79. Three unrelated investors take title to a property as joint tenants with right of survivorship. One investor dies. What happens to that investor's interest in the property?
- A. It passes to the deceased investor's heirs under state intestacy law
- B. It passes according to the deceased investor's will
- C. It is divided equally between the estate and the surviving owners
- D. It automatically passes to the surviving joint tenants, bypassing probate
Show answer & explanation
Answer: D
The defining feature of joint tenancy with right of survivorship is that a deceased owner's interest passes automatically to the surviving joint tenants outside of probate and regardless of any will; this contrasts with tenancy in common, where an owner's share would pass through the estate to heirs or beneficiaries under a will.80. Two unrelated friends purchase an investment property together, each holding a distinct, separately transferable share with no right of survivorship between them. Which form of ownership describes this arrangement?
- A. Community property
- B. Tenancy in common
- C. Joint tenancy with right of survivorship
- D. Tenancy by the entirety
Show answer & explanation
Answer: B
Tenancy in common allows co-owners to hold separate, individually transferable and inheritable shares without any right of survivorship, distinguishing it from joint tenancy, which includes survivorship, and tenancy by the entirety, limited to married couples with survivorship; community property is a distinct marital-property system not typically applicable here.81. A seller installs custom built-in bookshelves permanently attached to the wall of a home before listing it for sale, then wants to remove them before closing. How are permanently attached built-in shelves generally classified in a real estate sale?
- A. As trade fixtures removable only by tenants
- B. As personal property that the seller may always remove
- C. As encumbrances on the title
- D. As fixtures that convey with the property unless excluded in the contract
Show answer & explanation
Answer: D
Items that were personal property but have become permanently attached to real property, such as built-in shelving, are generally classified as fixtures that convey with the property unless the parties specifically agree otherwise in the contract; this differs from ordinary personal property, which is freely removable, and trade fixtures, a distinct category tied to a tenant's business use, and fixtures are not encumbrances on title.82. A neighbor has openly farmed an unused strip of a landowner's property continuously for many years without permission, and the true owner has never objected or evicted him. Under the doctrine the neighbor may eventually rely on to claim title, what quality of possession is required?
- A. Possession that is open, notorious, continuous, hostile, and exclusive for the required statutory period
- B. Possession with the express written permission of the owner
- C. Possession that is secretive and intermittent
- D. Possession based on a signed but unrecorded deed only
Show answer & explanation
Answer: A
Adverse possession requires possession that is open and notorious, meaning visible and not hidden, continuous, hostile in the sense of lacking the owner's permission, and exclusive, maintained for the applicable statutory period; secretive or intermittent use would not qualify, permission from the owner defeats the hostility requirement entirely, and an unrecorded deed relates to conveyance, not the elements of adverse possession.83. An owner of beachfront property in Florida holds rights associated with the adjoining body of water, including reasonable access to and use of the water. What term describes this category of property rights?
- A. Subjacent support rights
- B. Mineral rights
- C. Easement rights
- D. Littoral rights
Show answer & explanation
Answer: D
Littoral rights belong to owners of land bordering an ocean, sea, or other navigable tidal body and include reasonable access to and use of the water; this is distinct from riparian rights, which apply to land bordering rivers or streams, mineral rights, which cover subsurface resources, subjacent support, which concerns support from below the surface, and easement rights, a right to use another's land rather than an ownership-based water right.84. A Florida homeowner facing an unsecured judgment from a credit card debt is concerned about losing her primary residence. Under Florida's homestead protections, how is her primary residence generally treated with respect to this type of creditor?
- A. It is protected only if the mortgage is fully paid off
- B. It may be seized immediately to satisfy any judgment
- C. It is generally protected from forced sale by most general unsecured judgment creditors
- D. It receives no special protection beyond any other asset
Show answer & explanation
Answer: C
Florida's homestead protection generally shields a qualifying primary residence from forced sale to satisfy most general unsecured judgment creditors, though it does not apply to certain exceptions such as mortgage lenders, tax liens, or mechanic's liens tied to the property itself; the protection does not depend on the mortgage being paid off, and it is a distinctive protection rather than the absence of one.85. A rural parcel's legal description begins at a marked stake and describes a series of directions and distances along each boundary line back to the starting point. Which method of legal description is being used?
- A. Government rectangular survey
- B. Lot and block
- C. Street address description
- D. Metes and bounds
Show answer & explanation
Answer: D
Metes and bounds description traces a parcel's boundaries using a point of beginning, then a sequence of directions and distances until returning to that starting point, which is typical for irregularly shaped rural parcels; this differs from lot and block, which references a recorded subdivision plat, the government rectangular survey system, which references townships, ranges, and sections, and a simple street address, which is not a legally sufficient boundary description.86. A suburban home's legal description references a specific numbered parcel within a numbered block, as shown on a plat recorded in the county's official records. Which method of legal description is this?
- A. Government rectangular survey
- B. Lot and block
- C. Datum elevation description
- D. Metes and bounds
Show answer & explanation
Answer: B
Lot and block description identifies a parcel by its lot and block number as shown on a subdivision plat that has been recorded in the public records, commonly used for platted suburban developments; this differs from metes and bounds, which traces boundaries directionally, the government rectangular survey system, which uses townships and sections, and a datum-based description, which relates to elevation reference points rather than horizontal boundaries.87. A buyer purchases an owner's title insurance policy at closing. What risk is this policy primarily designed to protect the buyer against?
- A. The buyer's future failure to make mortgage payments
- B. Financial loss from title defects or claims that existed before the policy was issued but were not discovered during the title search
- C. Future declines in the property's market value
- D. Damage to the structure from a fire after closing
Show answer & explanation
Answer: B
Owner's title insurance protects the buyer against financial loss from covered title defects, liens, or claims that existed prior to the policy date but were missed during the title search, such as a forged prior deed or an undisclosed heir; it does not cover market value decline, hazard-type property damage, or the buyer's own future payment default, which are addressed by other types of insurance or lending terms.88. A survey reveals that a neighbor's fence extends two feet onto the adjoining owner's lot, and has been in that position for years without any easement or agreement. What term describes this situation?
- A. A lien
- B. A defeasible fee
- C. A dominant estate
- D. An encroachment
Show answer & explanation
Answer: D
An encroachment occurs when a structure or improvement, such as a fence, unlawfully intrudes onto a neighboring owner's land without permission or a legal right such as an easement; it is not a lien, a financial claim against property, a dominant estate, the parcel benefiting from an easement, or a defeasible fee, an estate that terminates upon a stated condition.89. A homeowner gives a neighbor casual, revocable permission to walk across the backyard as a shortcut, with no writing and no transfer of any interest in the land. How does this arrangement differ from an easement?
- A. It is a license, a personal and revocable permission rather than an interest in land that runs with the property
- B. It is identical to an easement and automatically transfers to future owners
- C. It must be recorded to have any legal effect
- D. It creates a dominant and servient estate, just like an easement
Show answer & explanation
Answer: A
A license is merely personal, revocable permission to use land that does not create an interest in the property and does not run with the land to future owners, unlike an easement, which is a legal property interest that generally survives transfers of ownership; because a license conveys no property interest, it does not need to be recorded and does not create dominant and servient estates.90. A landowner subdivides a large parcel, selling off the front portion and leaving the rear portion landlocked with no access to any public road. What type of easement may a court imply in favor of the landlocked rear parcel?
- A. A negative easement
- B. A prescriptive easement
- C. An easement in gross
- D. An easement by necessity
Show answer & explanation
Answer: D
When a subdivision leaves a parcel landlocked with no legal access to a public road, courts may imply an easement by necessity across the remaining land to provide access, since the necessity arose directly from the division of the original tract; this differs from an easement in gross, which benefits a person or entity rather than adjoining land, a prescriptive easement, acquired through open, continuous, hostile use over time rather than court implication, and a negative easement, which restricts rather than grants a use.91. A lender files a lawsuit to foreclose on a delinquent mortgage and records a notice in the public records to alert anyone searching title that litigation affecting the property is pending. What is this recorded notice called?
- A. A deed of release
- B. A satisfaction of mortgage
- C. A lis pendens
- D. A subordination agreement
Show answer & explanation
Answer: C
A lis pendens is a recorded notice that litigation is pending which may affect title to a specific property, warning prospective buyers or lenders of the risk before the case is resolved; this differs from a deed of release or satisfaction of mortgage, both of which clear a lien after payment, and a subordination agreement, which reorders lien priority rather than reflecting litigation status.92. A subdivision's recorded declaration limits homes to single-family use and sets minimum square footage requirements, binding all lot owners within the community. What are these private limitations on land use called?
- A. Zoning ordinances
- B. Deed restrictions, or restrictive covenants
- C. Eminent domain restrictions
- D. Building code requirements
Show answer & explanation
Answer: B
Deed restrictions, also called restrictive covenants, are privately created limitations recorded against a subdivision's lots that bind all owners within the community, such as use and size limitations; they differ from zoning ordinances and building codes, which are government-imposed regulations, and eminent domain, a government power to take property for public use rather than a use restriction.93. A grantor conveys her farm to her brother for as long as he lives, with no mention of what happens to the property after his death. Who holds the future interest in the property once the life estate ends?
- A. The county, by escheat
- B. The life tenant's heirs automatically
- C. The grantor or the grantor's estate, which holds a reversion
- D. No one, since the future interest is extinguished
Show answer & explanation
Answer: C
When a grantor conveys a life estate without naming a third-party remainderman, the future interest reverts to the grantor or the grantor's estate, known as a reversion; the life tenant's own heirs receive nothing automatically because the life estate ends at the life tenant's death, escheat to the county applies only in unrelated intestacy situations with no heirs at all, and a future interest does not simply vanish.94. A condominium owner holds exclusive title to her individual unit but also holds an undivided ownership interest, shared with all other owners, in the building's lobby, elevators, and roof. What are these shared areas called?
- A. Encumbered elements
- B. Reversionary elements
- C. Common elements
- D. Limited common elements only
Show answer & explanation
Answer: C
In a condominium, areas such as lobbies, elevators, and roofs that are owned collectively by all unit owners as an undivided interest are called common elements; this differs from limited common elements, shared areas designated for the exclusive use of specific units such as an assigned parking space or balcony, and the other terms are not standard condominium ownership classifications.95. A buyer purchases a home for $250,000 and obtains a loan of $200,000 to finance the purchase. What is the loan-to-value ratio for this transaction?
- A. 50%
- B. 80%
- C. 90%
- D. 125%
Show answer & explanation
Answer: B
The loan-to-value ratio is calculated by dividing the loan amount by the property's value or purchase price, so $200,000 divided by $250,000 equals 80%, a figure lenders use to assess risk and determine requirements such as mortgage insurance; the other percentages do not result from this calculation.96. A borrower selects a loan whose interest rate is fixed for an initial period and then adjusts periodically based on a financial index plus a lender's margin. What type of loan has the borrower chosen?
- A. An adjustable-rate mortgage
- B. A purchase money mortgage
- C. A fixed-rate mortgage
- D. A balloon mortgage
Show answer & explanation
Answer: A
An adjustable-rate mortgage begins with a fixed introductory rate before periodically adjusting based on a specified index plus a margin, exposing the borrower to future payment changes; this differs from a fixed-rate mortgage, whose rate never changes, a balloon mortgage, which has a large lump-sum payment due at the end of a shortened term, and a purchase money mortgage, seller-provided financing not indexed to a rate benchmark.97. A borrower's loan requires relatively small monthly payments for several years, followed by one large remaining lump-sum payment due at the end of the term to pay off the balance. What is this final large payment called?
- A. An origination fee
- B. A prepayment penalty
- C. A balloon payment
- D. An escrow disbursement
Show answer & explanation
Answer: C
A balloon payment is the large lump-sum remaining balance due at the end of a loan term that has been structured with smaller periodic payments not fully amortizing the debt; this differs from a prepayment penalty, a fee for paying off a loan early, an origination fee, a cost charged at loan closing, and an escrow disbursement, a routine payment from an escrow account for taxes or insurance.98. A homeowner with an existing mortgage wants to sell the property and let the buyer simply take over the existing loan payments without involving the lender. The mortgage document, however, allows the lender to demand full repayment upon any transfer of the property. Which clause gives the lender this power?
- A. The acceleration clause triggered only by default
- B. The defeasance clause
- C. The subordination clause
- D. The due-on-sale clause
Show answer & explanation
Answer: D
A due-on-sale clause allows a lender to demand immediate full repayment of the loan balance when the property is transferred, which prevents an unauthorized buyer from simply assuming the existing loan; a defeasance clause instead releases the lien once the debt is paid in full, an acceleration clause triggered by default addresses missed payments rather than a sale, and a subordination clause governs the relative priority of liens, not transfer of ownership.99. After a borrower makes the final mortgage payment, the mortgage document requires the lender to release its lien on the property. Which clause in the mortgage creates this obligation?
- A. The acceleration clause
- B. The escalation clause
- C. The defeasance clause
- D. The due-on-sale clause
Show answer & explanation
Answer: C
The defeasance clause obligates the lender to release its lien and any claim on the property once the borrower has fully satisfied the debt, effectively defeating the mortgage; this differs from the acceleration clause, which speeds up repayment upon default, the due-on-sale clause, triggered by a property transfer rather than payoff, and an escalation clause, a purchase-contract term addressing competing offers rather than a mortgage lien-release provision.100. A borrower defaults on a mortgage in Florida, and the lender wants to foreclose on the property. Which general process must the lender typically follow to complete the foreclosure?
- A. An automatic transfer of title after a fixed written notice period, with no court filing
- B. A purely private sale conducted by the lender without any court involvement
- C. A power-of-sale auction requiring no judicial oversight
- D. A judicial foreclosure process, requiring the lender to file suit and obtain a court judgment
Show answer & explanation
Answer: D
Florida is a judicial foreclosure state, meaning a lender must file a lawsuit and obtain a court judgment before the property can be sold to satisfy the debt, providing court oversight and an opportunity for the borrower to raise defenses; this differs from a private, non-judicial power-of-sale process used in some other states, and there is no automatic title transfer merely from a notice period without any court filing.101. After a foreclosure sale, the proceeds are insufficient to cover the full amount the borrower still owed on the mortgage. What may the lender seek from the borrower to recover the shortfall?
- A. Automatic forgiveness of the shortfall by law
- B. A second foreclosure on the same property
- C. A deficiency judgment for the remaining balance
- D. A lis pendens against a different property
Show answer & explanation
Answer: C
When foreclosure sale proceeds fall short of the outstanding debt, a lender may pursue a deficiency judgment against the borrower personally for the remaining balance, subject to any applicable legal limitations; the shortfall is not automatically forgiven, a second foreclosure on the same already-sold property is not the remedy, and a lis pendens merely signals pending litigation rather than recovering the debt itself.102. A borrower's fixed monthly mortgage payment stays the same over the loan term, but the portion applied to interest gradually decreases while the portion applied to principal gradually increases. What is this gradual repayment structure called?
- A. Recapitalization
- B. Subordination
- C. Amortization
- D. Negative amortization
Show answer & explanation
Answer: C
Amortization describes a loan repayment structure where a level payment is applied first mostly to interest and increasingly to principal over time, fully paying off the debt by the end of the term; this is the opposite of negative amortization, where the loan balance actually grows because payments do not cover accruing interest, and neither recapitalization nor subordination describes this payment structure.103. Instead of the buyer obtaining a loan from a bank, the seller directly extends credit to the buyer and takes back a mortgage as security for the unpaid purchase price. What is this type of financing called?
- A. A reverse mortgage
- B. A blanket mortgage
- C. A wraparound mortgage
- D. A purchase money mortgage
Show answer & explanation
Answer: D
A purchase money mortgage is financing extended directly by the seller, or sometimes a third party, as part of the sale, secured by a mortgage on the property being sold; this differs from a blanket mortgage, which covers multiple properties under one loan, a wraparound mortgage, a new loan that wraps around and includes an existing underlying loan, and a reverse mortgage, a product for older homeowners to draw on home equity unrelated to purchase financing.104. A borrower applies for a mortgage loan on a home purchase. Early in the process, federal law requires the lender to provide a standardized disclosure summarizing the loan's estimated terms, projected payments, and closing costs. What is this document called?
- A. The truth-in-lending affidavit
- B. The Closing Disclosure
- C. The deed of trust
- D. The Loan Estimate
Show answer & explanation
Answer: D
Federal mortgage disclosure rules require the lender to provide a Loan Estimate early in the application process, summarizing projected interest rate, monthly payments, and estimated closing costs so the borrower can compare offers; the Closing Disclosure instead comes later, near the actual closing, to reflect final terms, a deed of trust is a security instrument used in some states rather than a disclosure document, and there is no standard document called a truth-in-lending affidavit in this process.105. A borrower who has been paying private mortgage insurance on a conventional loan builds up substantial equity in the home over several years through payments and appreciation. What generally happens to the PMI requirement once the loan balance falls low enough relative to the home's value?
- A. PMI converts permanently into additional principal payments
- B. The borrower may request cancellation of PMI, or it may be automatically terminated once sufficient equity is reached
- C. PMI is replaced by a second mortgage automatically
- D. PMI continues for the full life of the loan regardless of equity
Show answer & explanation
Answer: B
Private mortgage insurance on a conventional loan is generally tied to the loan's remaining loan-to-value ratio, so once a borrower's equity position reaches the threshold required by the loan terms, PMI can be cancelled upon borrower request or terminated automatically; PMI does not simply continue for the full loan term regardless of equity, and it does not convert into principal payments or get replaced by a second mortgage.
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Key facts: Florida Real Estate Broker exam
The Florida Real Estate Broker is administered by Florida DBPR / FREC, with 100 scored questions, a 3 hours 30 minutes time limit and a 75 points result.
This free Florida Real Estate Broker practice test has 105 original questions written to Florida DBPR / FREC's official content outline, last checked against it on July 18, 2026. Every question shows a worked explanation, and nothing here requires a signup.
As of 2026, the Florida Real Estate Broker exam fee is $37.
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Official sources
Primary documents used to verify the exam details shown on this page.
- Florida Statutes 475.17 — Qualifications for Practice as a Broker or Sales AssociateFlorida Legislatureleg.state.fl.us
- Florida Real Estate Commission (FREC) — Licensing OverviewFlorida DBPR Division of Real Estatewww2.myfloridalicense.com
- Florida Real Estate Broker ExamFlorida DBPRmyfloridalicense.com
- Florida Statutes 475.01 — DefinitionsFlorida Legislatureleg.state.fl.us
- Florida Statutes 475.175 — ExaminationsFlorida Legislatureleg.state.fl.us
- Florida Statutes 475.182 — Renewal of License; Continuing EducationFlorida Legislatureleg.state.fl.us
Last verified against the official exam content outline:
Frequently asked questions
Do these practice questions match the real Florida broker exam?
They are written to mirror the real exam's multiple-choice format and its core subject coverage, including agency law, contracts, finance, ownership, fair housing, and valuation. The wording style follows the way the state exam tests concepts, pairing the correct answer with believable wrong choices rather than giveaway ones. No practice set is identical to the live exam, but drilling these builds the same skills the test demands.
How many practice questions should I do before test day?
Aim to complete several hundred practice questions across all topics, working in focused sessions of 20 to 50 questions several times a week. Since the real exam is 100 questions in 210 minutes, take at least a few full-length timed sets to build stamina and pacing. Quality matters more than raw volume, so always review why each answer is right or wrong.
What is the best way to use the answer explanations?
Read the explanation for every question, even the ones you got right, because you may have guessed correctly for the wrong reason. When you miss a question, restate the rule in your own words before moving on, for example why a counteroffer extinguishes the original offer or why dual agency requires informed written consent from both parties. Revisit missed questions a few days later to confirm the concept stuck.
How do I know I'm ready to sit for the Florida broker exam?
A reliable readiness signal is consistently scoring comfortably above the 75-point passing standard on full-length timed practice sets, ideally in the low-to-mid 80s or better across multiple attempts. You should also be finishing well within the time limit with no single topic area dragging you down. If one domain like finance or contracts stays weak, drill it specifically before booking your exam date.
Are these Florida broker practice questions really free?
Yes, the practice questions on this page are completely free, and you don't need to create an account or enter an email to use them. You can start answering immediately and see full explanations for every question. Come back as often as you like while you prepare.