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North Carolina Real Estate Commission NC Real Estate Broker National Sample Questions (Q38-Q43):

NEW QUESTION # 38
A North Carolina non-provisional broker at ABC Realty has been working with a buyer client to help them purchase a house listed by XYZ Realty. After the transaction closes, who will pay the non-provisional broker the commission they earned?

A. The seller
B. The buyer client
C. The supervising broker-in-charge at ABC Realty
D. The qualifying broker of XYZ Realty

Answer: C

Explanation:
In North Carolina, only a broker-in-charge (BIC) or firm can receive compensation directly for brokerage services. All brokers, whether provisional or not, must be paid through their affiliated BIC or firm. In this case, the buyer agent is affiliated with ABC Realty, so the firm or its BIC receives the compensation- typically from XYZ Realty's firm via the co-brokerage agreement-and then disburses the earned commission to the broker. Therefore, the correct answer is D.

NEW QUESTION # 39
When selling a house that was built before 1978, the seller is required to:

A. pay for a lead-based paint risk assessment.
B. conduct an inspection for lead-based paint hazards.
C. give the buyer the opportunity to conduct their own lead paint inspection.
D. mitigate any lead-based paint hazards on the property.

Answer: C

Explanation:
Under the federal Lead-Based Paint Hazard Reduction Act, for residential properties built before 1978, sellers must provide buyers with a lead-based paint disclosure, a copy of any existing reports, and a federally approved lead hazard information pamphlet. In addition, buyers must be given a 10-day period to conduct their own lead inspection or risk assessment (unless waived in writing). Sellers are not required to test or remediate. Therefore, the correct answer is B.
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NEW QUESTION # 40
Under the terms of the NCAR/NCBA Offer to Purchase and Contract (Standard Form 2-T), the settlement date can be delayed for how long before the contract is no longer enforceable and binding on all parties?

A. 3 days
B. 7 days
C. 10 days
D. 5 days

Answer: B

Explanation:
According to Paragraph 12 of the NCAR/NCBA Offer to Purchase and Contract (Form 2-T), the settlement date may be extended by up to 7 calendar days if either party is acting in good faith and is prepared to settle.
This flexibility ensures neither party is penalized for delays that are minor and in good faith, but it limits how long the contract can be extended before a material breach could occur. Therefore, the settlement date can be delayed up to 7 calendar days and still remain enforceable.

NEW QUESTION # 41
According to the North Carolina Real Estate Commission Rules, what must be included in a written agency agreement?

A. A broker protection clause
B. The broker's license number
C. An automatic renewal clause
D. The expiration date of the broker's license

Answer: B

Explanation:
According to 21 NCAC 58A .0104(a), a written agency agreement in North Carolina must include the broker' s license number and a definite expiration date. These are required by the Commission to ensure regulatory clarity and accountability. A broker protection clause is optional and negotiated between parties. Automatic renewal clauses are prohibited in listing agreements. Therefore, the correct and required component is the broker's license number.
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NEW QUESTION # 42
Which is MOST likely to be an example of an acceptable practice under the provisions of the federal Real Estate Settlement Procedures Act (RESPA) related to kickbacks?

A. A title company buys an ad in the local newspaper every month for the real estate brokerage firm that sends the title company the most referrals.
B. A mortgage company includes a link to a real estate brokerage firm's website on its home page in exchange for the brokerage sending clients their way.
C. A real estate brokerage firm allows a title company to use the brokerage's downtown office to conduct closings as a convenience to downtown clients.
D. A home inspector gives a real estate broker tickets to the Super Bowl to thank the broker for the business they sent to the inspector this year.

Answer: C

Explanation:
RESPA prohibits giving or receiving anything of value in exchange for referrals related to settlement services.
However, a title company using space provided by a brokerage (without compensation tied to referrals) for mutual client convenience may be permitted as long as fair market value is paid (if rent is involved) and there is no requirement or agreement for referrals. The other choices involve direct value exchange for referrals, which are prohibited. Correct answer: A.
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NEW QUESTION # 43
......

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