Q1. What is the primary purpose of the Texas Real Estate Commission (TREC)?
Correct Answer: C Explanation: TREC’s mission is to protect the public by enforcing Texas real estate laws and ethical standards. Citation: Texas Occupations Code §1101.051
Q2. What is the purpose of the Texas Real Estate Recovery Trust Account?
Correct Answer: B Explanation: The Recovery Trust Account allows consumers to recover damages when a license holder acts dishonestly or fraudulently and other remedies are unavailable. Citation: Texas Occupations Code §1101.603
Q3. Which of the following actions requires a real estate license in Texas?
Correct Answer: B Explanation: Acting on behalf of another for compensation in a real estate transaction requires licensure. Citation: Texas Occupations Code §1101.002
Q4. How long must brokers retain transactional records in Texas?
Correct Answer: C Explanation: Brokers are required to keep transactional records for four years from the date of closing or termination. Citation: TREC Rule §535.2(i)(2)
Q5. What must a license holder do if convicted of a felony?
Correct Answer: B Explanation: License holders must notify TREC within 30 days of any felony conviction or plea of guilty/no contest. Citation: TREC Rule §535.91(a)(2)
Q6. When must a license holder provide the Information About Brokerage Services (IABS) form?
Correct Answer: B Explanation: The IABS form must be provided at the first substantive communication regarding a real estate transaction. Citation: TREC Rule §531.20
Q7. Which of the following best describes an intermediary relationship?
Correct Answer: B Explanation: An intermediary occurs when one broker represents both sides of a transaction, under specific disclosure and consent conditions. Citation: Texas Occupations Code §1101.559
Q8. What is the consequence of practicing real estate without a license in Texas?
Correct Answer: B Explanation: TREC may assess administrative penalties of up to $5,000 per day for unlicensed real estate activity. Citation: Texas Occupations Code §1101.758
Q9. What is required for a broker to sponsor a sales agent?
Correct Answer: B Explanation: A broker must officially sponsor a sales agent by filing with TREC and taking responsibility for the agent’s actions. Citation: TREC Rule §535.2(a)
Q10. What must be included in all real estate advertising?
Correct Answer: C Explanation: Texas requires all real estate advertising to clearly identify the license holder and the sponsoring broker. Citation: TREC Rule §535.154(c)
Q11. What is required for a valid intermediary relationship in Texas?
Correct Answer: B Explanation: A broker may act as an intermediary only with the written consent of both the buyer and seller, usually through the listing and buyer representation agreements. Citation: Texas Occupations Code §1101.559
Q12. Who may maintain a trust account in a real estate brokerage?
Correct Answer: C Explanation: Only the sponsoring broker or a designated associate broker is permitted to maintain and manage a trust account. Citation: TREC Rule §535.146(c)
Q13. Which of the following is considered commingling of funds?
Correct Answer: C Explanation: Commingling occurs when a broker mixes client funds with business or personal funds. Client money must be kept in a separate trust account. Citation: TREC Rule §535.146(b)(2)
Q14. Which document notifies consumers that a real estate license holder is regulated by TREC?
Correct Answer: B Explanation: The Consumer Protection Notice (Form CN 1-5) must be made available to all clients and discloses that the licensee is regulated by TREC. Citation: TREC Rule §531.18
Q15. What is the maximum administrative penalty TREC may impose per violation per day?
Correct Answer: C Explanation: TREC may assess an administrative penalty of up to $5,000 per violation per day under the Texas Occupations Code. Citation: Texas Occupations Code §1101.701(b)
Q16. A license holder places a “For Sale” sign on a property without permission. What rule is being violated?
Correct Answer: B Explanation: A license holder must obtain the written consent of the property owner before placing any sign on the property. Citation: TREC Rule §535.154(a)(6)
Q17. What is required in all advertisements by a license holder?
Correct Answer: C Explanation: Advertising must include the name of the license holder and the name of the sponsoring broker, clearly identifying both parties. Citation: TREC Rule §535.154(c)
Q18. What happens to a license if continuing education is not completed by the renewal deadline?
Correct Answer: C Explanation: If a license holder fails to complete CE before the expiration date, the license becomes inactive and cannot be used until reinstated. Citation: TREC Rule §535.92(f)
Q19. Which action would violate the Fair Housing Act?
Correct Answer: B Explanation: Making statements designed to induce panic selling based on race is a form of blockbusting, which violates the Fair Housing Act. Citation: 42 U.S.C. §3604(e)
Q20. Which of the following would be considered a misleading advertisement?
Correct Answer: B Explanation: Any advertising claim must be accurate and verifiable. Claiming to be a “Top Producer” without records is considered misleading. Citation: TREC Rule §535.155(b)(1)
Q21. How many hours of continuing education (CE) are required for license renewal in Texas?
Correct Answer: D Explanation: License holders must complete 18 hours of CE plus 6 hours of Legal Update (I and II) courses, totaling 24 hours. Citation: TREC Rule §535.92(a)
Q22. What must a broker do before sponsoring a new sales agent?
Correct Answer: C Explanation: A broker must formally sponsor a sales agent by submitting a request to TREC and assuming responsibility for the agent’s conduct. Citation: TREC Rule §535.2(a)
Q23. What must a license holder do if they are found guilty of a felony?
Correct Answer: C Explanation: License holders must notify TREC in writing within 30 days of any felony conviction, plea of guilty, or no contest. Citation: TREC Rule §535.91(a)(2)
Q24. If a broker fails to properly supervise sponsored sales agents, what could TREC do?
Correct Answer: C Explanation: A broker is responsible for the conduct of all sponsored agents and may be disciplined for failing to supervise properly. Citation: Texas Occupations Code §1101.652(b)(1)
Q25. What is the earliest point a license holder can lawfully present the IABS form to a prospective buyer?
Correct Answer: C Explanation: The IABS form must be provided at the first substantive dialogue about a specific real estate transaction, not just a casual conversation. Citation: TREC Rule §531.20
Q26. A license holder refers a buyer to a title company and receives a fee. What law does this potentially violate?
Correct Answer: A Explanation: Under RESPA, referral fees or kickbacks for recommending a settlement service provider are prohibited. Citation: 12 U.S.C. §2607(a)
Q27. What must a license holder include when advertising their services on social media?
Correct Answer: B Explanation: Any advertisement, including those on social media, must include the name of the license holder’s sponsoring broker. Citation: TREC Rule §535.154(d)
Q28. Which of the following actions is considered an unlawful practice of law?
Correct Answer: C Explanation: Modifying contract forms in a way that changes legal rights or obligations constitutes the unauthorized practice of law. Citation: TREC Rule §537.11(b)
Q29. A buyer’s agent presents an offer below list price and asks the seller’s agent not to disclose the price to the seller. What must the seller’s agent do?
Correct Answer: C Explanation: All offers must be presented to the seller, regardless of verbal instructions from the buyer’s agent to withhold. Citation: TREC Rule §535.156(b)
Q30. When can a license holder legally offer a rebate to a buyer?
Correct Answer: B Explanation: License holders may offer rebates to buyers as long as they are not tied to any unlawful activity or future performance requirements. Citation: TREC Rule §535.147(e)
Q31. When must a license holder disclose that they are a principal in a transaction?
Correct Answer: B Explanation: A license holder must disclose in writing if they are a party to the transaction or have a financial interest, to avoid conflicts of interest. Citation: TREC Rule §535.144(b)
Q32. What is the purpose of TREC promulgated forms?
Correct Answer: B Explanation: Promulgated forms ensure consistency and legality across transactions, protecting consumers and license holders alike. Citation: TREC Rule §537.11(a)
Q33. When may a license holder act as an intermediary without appointments?
Correct Answer: A Explanation: If the broker is the only person representing both parties, they may act as intermediary without appointments, with proper disclosure and consent. Citation: Texas Occupations Code §1101.560
Q34. A sales agent wants to advertise a property. What must they include in the ad?
Correct Answer: C Explanation: Any advertisement must include the name of the sponsoring broker in a readily noticeable format. Citation: TREC Rule §535.154(d)(1)
Q35. Which of the following activities requires a real estate license in Texas?
Correct Answer: C Explanation: Anyone negotiating real estate sales or leases for compensation must be licensed under Texas law. Citation: Texas Occupations Code §1101.002(1)(A)
Q36. A license holder receives a commission from a broker who is not their sponsor. What is this called?
Correct Answer: C Explanation: A license holder may only receive compensation through their sponsoring broker. Receiving money from another broker directly is a violation. Citation: Texas Occupations Code §1101.651(d)
Q37. A broker acts negligently, causing a client financial harm. What can the client do?
Correct Answer: B Explanation: The Recovery Trust Account provides financial relief to clients harmed by the dishonest or negligent conduct of license holders. Citation: Texas Occupations Code §1101.603
Q38. What must a license holder do before placing a sign on a seller’s property?
Correct Answer: C Explanation: TREC rules require that license holders receive the owner’s written consent before placing a sign on the property. Citation: TREC Rule §535.154(a)(6)
Q39. What is the broker’s responsibility for trust account reconciliations?
Correct Answer: B Explanation: Brokers who maintain trust accounts must reconcile them monthly to ensure proper accounting of all client funds. Citation: TREC Rule §535.146(c)(7)
Q40. Which transaction type does NOT require the use of a TREC-promulgated form?
Correct Answer: C Explanation: TREC-promulgated forms are required primarily for residential sales; commercial transactions are not required to use them. Citation: TREC Rule §537.11(a)
Q41. A buyer wants to waive the appraisal contingency. What must be true for this to be valid?
Correct Answer: B Explanation: Waiving any contingency must be done voluntarily, knowingly, and in writing to ensure enforceability. Citation: TREC Form 49-1 (Addendum Concerning Right to Terminate Due to Lender’s Appraisal)
Q42. What is the function of the Texas Real Estate Broker-Lawyer Committee?
Correct Answer: B Explanation: This committee is responsible for drafting and revising forms used by license holders in real estate transactions. Citation: Texas Occupations Code §1101.252
Q43. What must a license holder do before negotiating the sale of their own property?
Correct Answer: C Explanation: License holders must disclose in writing their license status when they are a party to the transaction, to avoid misleading the other party. Citation: TREC Rule §535.144(b)
Q44. What action can TREC take if a license holder violates a Commission rule?
Correct Answer: C Explanation: TREC has the authority to take disciplinary actions including suspension, revocation, and imposing fines for rule violations. Citation: Texas Occupations Code §1101.701
Q45. What must a license applicant provide as part of the background check process?
Correct Answer: B Explanation: All applicants must submit fingerprints for a criminal background check through the Department of Public Safety. Citation: Texas Occupations Code §1101.3521
Q46. A license holder wants to use a net listing agreement. Under what condition is this permitted?
Correct Answer: D Explanation: Net listings are legal in Texas but are discouraged and allowed only when the principal is fully informed of the property’s market value. Citation: TREC Rule §535.16(d)
Q47. Which of the following actions is prohibited under the Canons of Professional Ethics?
Correct Answer: C Explanation: License holders must avoid practicing law, including giving legal advice to any party in a transaction. Citation: TREC Rule §531.2
Q48. What must be true for a buyer to terminate under the option clause of a residential sales contract?
Correct Answer: B Explanation: The buyer has the unrestricted right to terminate the contract within the option period as long as written notice is provided. Citation: TREC Form 20-16, Paragraph 23
Q49. A license holder collects an earnest money check but delays delivery to the escrow agent. What is this?
Correct Answer: B Explanation: Earnest money must be delivered to the escrow agent by the close of the second working day after execution of the contract. Citation: TREC Rule §535.146(d)
Q50. What happens if a license holder engages in fraud or misrepresentation?
Correct Answer: A Explanation: TREC has the authority to suspend or revoke a license for acts of fraud, dishonesty, or misrepresentation during real estate practice. Citation: Texas Occupations Code §1101.652(b)(1)
Q51. What must a Texas license holder do before placing a sign on a property for sale?
Correct Answer: C Explanation: A license holder must obtain the written consent of the property owner before placing a sign on their property. Citation: TREC Rule §535.155(d)(7)
Q52. When representing both parties in a transaction under intermediary status, the broker must:
Correct Answer: C Explanation: A broker acting as an intermediary without appointments must remain impartial and cannot favor one party over the other. Citation: Texas Occupations Code §1101.559
Q53. What is the primary purpose of the Real Estate License Act in Texas?
Correct Answer: C Explanation: The Real Estate License Act (RELA) was created to safeguard the public by setting education, experience, and conduct standards for licensees. Citation: Texas Occupations Code §1101.001
Q54. Which of the following must be included in all email advertising by Texas license holders?
Correct Answer: C Explanation: All email communications used to advertise must identify the sender as a license holder and include the broker’s or team’s name. Citation: TREC Rule §535.155(d)(1)
Q55. How soon must earnest money be delivered to the escrow agent after contract execution in Texas?
Correct Answer: B Explanation: Texas contracts require that earnest money be delivered to the escrow agent by the end of the third business day after execution. Citation: TREC 1–4 Family Residential Contract Paragraph 5
Q56. When must a license applicant disclose a prior criminal conviction to TREC?
Correct Answer: C Explanation: All prior convictions must be disclosed to TREC on the application, even if they were misdemeanors or occurred long ago. Citation: TREC Rule §541.1
Q57. What is the consequence if a license holder misrepresents a material fact to a buyer?
Correct Answer: B Explanation: Misrepresentation of material facts is a serious offense and can lead to civil lawsuits and disciplinary action from TREC. Citation: Texas Business and Commerce Code §17.46 (DTPA)
Q58. What is an unlicensed assistant in Texas prohibited from doing?
Correct Answer: B Explanation: Unlicensed assistants may not interpret, explain, or negotiate contracts or terms with clients, which is considered practicing real estate. Citation: TREC Rule §535.4(g)
Q59. What must be done if a license holder changes their business address?
Correct Answer: C Explanation: License holders must update any change of address through the TREC online system within 10 days of the change. Citation: TREC Rule §535.91(a)(1)
Q60. A license holder tells a buyer the property has “no foundation issues,” despite cracks in the slab. This is an example of:
Correct Answer: B Explanation: Knowingly misrepresenting the condition of a property constitutes fraud, which is grounds for disciplinary action and civil liability. Citation: Texas Business and Commerce Code §17.46(b)(2)
Q61. What must a broker do if they learn a sponsored agent has violated TREC rules?
Correct Answer: C Explanation: A sponsoring broker is required to maintain supervision and take corrective action if a sponsored agent violates laws or rules. Citation: TREC Rule §535.2(i)
Q62. What is the maximum administrative penalty TREC may impose per violation?
Correct Answer: D Explanation: TREC may impose an administrative penalty of up to $5,000 per day per violation, depending on the nature of the offense. Citation: Texas Occupations Code §1101.701(b)
Q63. What is a license holder’s obligation regarding third-party services offered to clients?
Correct Answer: B Explanation: If the license holder receives compensation or has an interest in a referred third-party service, this must be disclosed to the client in writing. Citation: TREC Rule §535.148(b)
Q64. A broker allows an unlicensed assistant to host an open house. What is the result?
Correct Answer: C Explanation: Hosting open houses is a licensed activity. Allowing an unlicensed individual to conduct one is a clear violation of TREC rules. Citation: TREC Rule §535.4(g)
Q65. When must a license holder provide the Consumer Protection Notice to the public?
Correct Answer: C Explanation: The Consumer Protection Notice must be accessible to the public in the office and posted on the license holder’s business website. Citation: TREC Rule §531.18
Q66. What is considered commingling of funds?
Correct Answer: C Explanation: Commingling is the improper mixing of client money with personal or business funds and is a serious violation. Citation: TREC Rule §535.146(b)(2)
Q67. What is the term for a situation in which one broker represents both the buyer and seller in a transaction?
Correct Answer: C Explanation: Texas does not allow dual agency. Instead, brokers may act as intermediaries with the consent of both parties. Citation: Texas Occupations Code §1101.558
Q68. A license holder receives a trust check but delays depositing it. What is this called?
Correct Answer: C Explanation: Conversion is the use or withholding of funds that should be in trust. Failing to deposit them as required qualifies. Citation: TREC Rule §535.146(b)(1)
Q69. When is it acceptable for a license holder to use a form drafted by their attorney?
Correct Answer: A Explanation: License holders may use a form prepared by a Texas attorney only if no TREC-promulgated form exists for the transaction. Citation: TREC Rule §537.11(a)
Q70. A license holder fails to inform a buyer about a known roof leak. What is this an example of?
Correct Answer: A Explanation: Failure to disclose a known material defect constitutes fraud by omission, which can result in liability under DTPA and TREC rules. Citation: Texas Business and Commerce Code §17.46(b)(23)
Q71. What is the legal effect of a contract signed by a minor in a real estate transaction?
Correct Answer: C Explanation: Contracts signed by minors are considered voidable. The minor may choose to honor or rescind the agreement. Citation: Texas Contract Law (General Rule on Capacity)
Q72. What does the term “steering” refer to in real estate?
Correct Answer: C Explanation: Steering is an illegal practice under the Fair Housing Act where agents influence a buyer’s location decision based on race, religion, or other protected traits. Citation: 42 U.S.C. §3604
Q73. A license holder tells a seller not to disclose prior flooding because “it could hurt the sale.” This is:
Correct Answer: C Explanation: Advising a client to withhold material facts like flooding is deceptive and violates both TREC ethics and the Texas Deceptive Trade Practices Act. Citation: Texas Business and Commerce Code §17.46
Q74. What is the effect of an “as is” clause in a Texas real estate contract?
Correct Answer: C Explanation: An “as is” clause offers protection only when the seller has made full disclosures and has not engaged in fraud or misrepresentation. Citation: Prudential Insurance Co. v. Jefferson Associates, 896 S.W.2d 156 (Tex. 1995)
Q75. What is the primary duty of a buyer’s agent under a Texas agency agreement?
Correct Answer: B Explanation: Under agency law, the buyer’s agent owes fiduciary duties to the buyer, including loyalty, full disclosure, and reasonable care. Citation: TREC Rule §531.1
Q76. What document notifies a buyer of any prior use of a property for hazardous waste storage?
Correct Answer: B Explanation: The Seller’s Disclosure Notice must include known material facts, including environmental hazards like prior hazardous waste storage. Citation: Texas Property Code §5.008
Q77. Which party usually pays for the owner’s title policy in a Texas residential transaction?
Correct Answer: A Explanation: The seller typically pays for the owner’s title policy, though this is negotiable and can be changed in the contract. Citation: TREC 1–4 Family Residential Contract, Paragraph 6A(1)
Q78. How long does a buyer have to terminate a contract after receiving the Seller’s Disclosure Notice?
Correct Answer: C Explanation: Buyers have 7 days to terminate the contract after receiving the disclosure if it was not delivered before signing. Citation: Texas Property Code §5.008(d)
Q79. A license holder tells a client, “You’ll double your money on this property in a year.” This is:
Correct Answer: C Explanation: Promising investment returns without factual basis constitutes misrepresentation and may violate DTPA and TREC ethics rules. Citation: TREC Rule §535.155(c)
Q80. What type of property is exempt from the Seller’s Disclosure Notice requirement?
Correct Answer: B Explanation: Certain types of sales, such as foreclosures and new construction homes, are exempt from the statutory disclosure requirement. Citation: Texas Property Code §5.008(e)
Q81. What must a license holder do when receiving multiple offers on a property?
Correct Answer: C Explanation: License holders are required to present all offers received to the seller as soon as possible, regardless of offer amount or conditions. Citation: TREC Rule §535.156(b)
Q82. Which of the following scenarios represents blockbusting?
Correct Answer: B Explanation: Blockbusting involves persuading owners to sell based on the entry of a protected class into the neighborhood—this is illegal under fair housing laws. Citation: 42 U.S.C. §3604(e)
Q83. A license holder is asked about crime statistics in a neighborhood. What is the best response?
Correct Answer: B Explanation: License holders should direct clients to an objective third-party source for crime data to avoid misrepresentation or steering claims. Citation: TREC Rule §531.2
Q84. When may a broker pay a referral fee to an unlicensed individual?
Correct Answer: C Explanation: Texas law prohibits paying referral fees to unlicensed individuals. Doing so constitutes paying for brokerage services without a license. Citation: Texas Occupations Code §1101.651(a)
Q85. A sales agent leaves a broker and takes listing agreements with them. This is:
Correct Answer: B Explanation: Listings belong to the broker, not the agent. The broker must approve in writing for any transfer of listing agreements. Citation: TREC Rule §535.2(e)
Q86. What is the TREC rule on rebate offers to consumers?
Correct Answer: C Explanation: Rebates are legal in Texas as long as they are disclosed in writing to all parties involved in the transaction. Citation: TREC Rule §535.147(e)
Q87. If a buyer cancels a contract within the option period, what happens to the earnest money?
Correct Answer: C Explanation: If a buyer terminates under the option period, the earnest money is typically refunded per the terms of the contract. Citation: TREC 1–4 Family Contract, Paragraph 23
Q88. Which of the following must be disclosed even if not asked?
Correct Answer: C Explanation: Known material defects must be disclosed regardless of whether the buyer asks. Failure to do so may be considered misrepresentation. Citation: Texas Property Code §5.008
Q89. A buyer asks about schools in the area. What is the proper response?
Correct Answer: B Explanation: Agents should avoid subjective statements and direct clients to objective, third-party sources like the Texas Education Agency website. Citation: TREC Rule §531.2
Q90. What must be included in a broker’s transaction file?
Correct Answer: B Explanation: Brokers are required to keep all transaction-related documents, including contracts, disclosures, and addenda, for a minimum of 3 years. Citation: TREC Rule §535.2(g)
Q91. What is the mandatory retention period for real estate records in Texas?
Correct Answer: C Explanation: Texas brokers must retain all records related to a transaction for a minimum of 3 years from the closing or termination date. Citation: TREC Rule §535.2(g)
Q92. A broker uses a business name not registered with TREC. What is this considered?
Correct Answer: B Explanation: Using an unregistered assumed name constitutes misleading advertising and violates TREC’s advertising rules. Citation: TREC Rule §535.154
Q93. What is required for a broker to pay a commission to a sales agent?
Correct Answer: A Explanation: A sales agent must be actively licensed and sponsored by the paying broker in order to receive a commission from that broker. Citation: Texas Occupations Code §1101.651(d)
Q94. When must the IABS form be provided to a prospective client?
Correct Answer: C Explanation: The Information About Brokerage Services form must be delivered at the first substantive communication about a real estate transaction. Citation: TREC Rule §531.20
Q95. A license holder misstates square footage on a listing. This is considered:
Correct Answer: B Explanation: Providing inaccurate square footage—especially if relied on by the buyer—may constitute negligent misrepresentation and violate DTPA. Citation: Texas Business and Commerce Code §17.46
Q96. Which agency enforces federal fair housing laws?
Correct Answer: D Explanation: HUD is the primary agency that administers and enforces the Fair Housing Act and investigates complaints of housing discrimination. Citation: 42 U.S.C. §3608
Q97. A sponsoring broker is liable for the actions of:
Correct Answer: B Explanation: A broker is responsible for the actions of agents they sponsor, especially those performed within the scope of real estate services. Citation: TREC Rule §535.2(e)
Q98. What must be included in the advertisement of a team name?
Correct Answer: C Explanation: Team advertising must include the sponsoring broker’s name in a size no smaller than half the largest text in the ad. Citation: TREC Rule §535.154(c)
Q99. What is the result of practicing real estate in Texas without a license?
Correct Answer: C Explanation: Engaging in real estate brokerage without a license is a Class A misdemeanor and may result in fines and other disciplinary actions. Citation: Texas Occupations Code §1101.758
Q100. A sales agent makes cold calls to potential sellers without checking the DNC list. This is:
Correct Answer: B Explanation: Making unsolicited calls to individuals on the national Do Not Call list violates federal telemarketing laws enforced by the FTC. Citation: 16 C.F.R. Part 310 (Telemarketing Sales Rule)
Q101. What must a broker do before a license holder can use an assumed business name?
Correct Answer: C Explanation: TREC requires a broker to notify the Commission in writing before using an assumed business name in advertising or business operations. Citation: TREC Rule §535.154(b)(1)
Q102. Which of the following statements is true about a license holder’s fiduciary duty of disclosure?
Correct Answer: C Explanation: License holders have a duty to disclose all known material facts to clients and customers, even if those facts negatively affect the transaction. Citation: TREC Rule §531.2
Q103. A license holder receives a bonus from a home warranty company for each sale. What is required?
Correct Answer: A Explanation: Any compensation from a third-party service provider, such as a warranty company, must be disclosed in writing before the transaction closes. Citation: TREC Rule §535.148(b)
Q104. Which of the following requires a real estate license in Texas?
Correct Answer: C Explanation: Apartment locators receiving compensation for bringing tenants to landlords must be licensed under TREC rules. Citation: TREC Rule §535.4(k)
Q105. A license holder fails to advise a buyer to have a property inspected. What could this result in?
Correct Answer: B Explanation: Failure to advise buyers to obtain property inspections may constitute negligence and expose the license holder to liability under the DTPA. Citation: Texas Business and Commerce Code §17.46(b)(24)
Q106. What happens if a broker’s trust account is not properly reconciled monthly?
Correct Answer: C Explanation: Trust accounts must be properly reconciled monthly by the broker. Failure to do so violates TREC’s rules and may result in disciplinary action. Citation: TREC Rule §535.146(c)(6)
Q107. What is the legal status of a contract that is missing the signatures of both parties?
Correct Answer: D Explanation: A contract that lacks the necessary signatures is unenforceable because mutual assent has not been established. Citation: Texas Contract Law – Statute of Frauds
Q108. Under Texas law, who may file a claim against the Real Estate Recovery Trust Account?
Correct Answer: B Explanation: Only consumers who have obtained a court judgment for damages caused by a license holder’s fraud or misrepresentation can apply to the Recovery Trust Account. Citation: Texas Occupations Code §1101.604
Q109. A license holder provides a CMA with intentional exaggeration. What is the result?
Correct Answer: B Explanation: Providing knowingly false or misleading estimates in a CMA can result in a DTPA claim and TREC disciplinary action for deception. Citation: Texas Business and Commerce Code §17.46(b)(2)
Q110. Which document defines the broker’s obligation to represent the buyer’s best interests?
Correct Answer: C Explanation: The Buyer Representation Agreement establishes the agency relationship between the broker and buyer and sets fiduciary obligations. Citation: TREC Rule §535.2(a)
Q111. What is the minimum age requirement to obtain a real estate license in Texas?
Correct Answer: B Explanation: To be eligible for a real estate license in Texas, an applicant must be at least 18 years old. Citation: Texas Occupations Code §1101.354(a)(1)
Q112. Which of the following acts by a license holder would be considered unauthorized practice of law?
Correct Answer: C Explanation: License holders may complete TREC-promulgated forms but cannot alter their wording, as that constitutes unauthorized practice of law. Citation: TREC Rule §537.11(a)
Q113. Which agency investigates ethics violations in real estate advertising?
Correct Answer: C Explanation: TREC enforces advertising rules for license holders and investigates complaints related to unethical or deceptive practices. Citation: Texas Occupations Code §1101.204
Q114. What must a license applicant do before scheduling their licensing exam?
Correct Answer: B Explanation: Before scheduling the licensing exam, applicants must complete required coursework and receive an eligibility letter from TREC. Citation: TREC Application Process Overview
Q115. Which of the following is a legally required disclosure for residential transactions?
Correct Answer: C Explanation: Texas law requires sellers to disclose any known material defects that could affect a buyer’s decision to purchase the property. Citation: Texas Property Code §5.008
Q116. What is the consequence for a broker who fails to maintain written policies for supervision?
Correct Answer: B Explanation: Brokers are required to implement written policies and procedures to ensure compliance by their sponsored agents. Failure may result in disciplinary action. Citation: TREC Rule §535.2(i)
Q117. What is required to establish an intermediary relationship in Texas?
Correct Answer: B Explanation: Intermediary relationships require written consent from both parties to a transaction and must be clearly documented. Citation: Texas Occupations Code §1101.559
Q118. A license holder wants to open a separate account for trust funds. What is required?
Correct Answer: C Explanation: Trust accounts must be supervised by the broker and maintained with accurate records to prevent commingling or mismanagement. Citation: TREC Rule §535.146
Q119. Which of the following is considered commingling?
Correct Answer: C Explanation: Commingling occurs when a license holder mixes client funds with personal or business funds, which is a serious violation. Citation: TREC Rule §535.146(b)(2)
Q120. When is a license holder required to renew their license in Texas?
Correct Answer: B Explanation: Real estate licenses in Texas expire two years after issuance. License holders must complete renewal steps and CE before expiration. Citation: Texas Occupations Code §1101.451
Q121. What is the consequence if a license holder fails to complete mandatory continuing education (CE) before renewal?
Correct Answer: C Explanation: If CE requirements are not met before the expiration date, the license becomes inactive and must be reactivated with proof of CE and a late fee. Citation: TREC Rule §535.92(f)
Q122. What is required for a license holder to legally refer a client to a third-party vendor?
Correct Answer: C Explanation: Referring clients to service providers in which the license holder has a financial interest requires written disclosure under RESPA and TREC rules. Citation: 12 U.S.C. §2607 and TREC Rule §531.20
Q123. Which activity is permitted for an unlicensed assistant in Texas?
Correct Answer: C Explanation: Unlicensed assistants may deliver paperwork or perform administrative tasks but may not negotiate or explain legal documents. Citation: TREC Rule §535.4(g)
Q124. When must a license holder provide the Consumer Protection Notice?
Correct Answer: D Explanation: The TREC Consumer Protection Notice (Form CN 1-3) must be posted in a visible location at the licensee’s office and on their business website homepage. Citation: TREC Rule §531.18
Q125. A license holder makes a misrepresentation that causes financial harm. What is the most likely result?
Correct Answer: B Explanation: A consumer harmed by a misrepresentation may sue under the Texas Deceptive Trade Practices Act (DTPA) and seek damages. Citation: Texas Business and Commerce Code §17.41 et seq.
Q126. A sponsoring broker delegates training to a team leader. What must the broker still ensure?
Correct Answer: C Explanation: Even when training is delegated, the broker remains responsible and must verify that education and supervision are adequate and documented. Citation: TREC Rule §535.2(e)
Q127. Which statement is TRUE about net listings in Texas?
Correct Answer: B Explanation: Net listings are legal in Texas only if the seller is clearly informed of the market value and agrees to the arrangement in writing. Citation: TREC Rule §535.16
Q128. What is the purpose of the Legal Update I and II courses?
Correct Answer: B Explanation: Legal Update I and II are mandatory CE courses focused on new laws, rules, and best practices in real estate to keep license holders informed. Citation: TREC Rule §535.92(a)(1)
Q129. What happens if a license holder is convicted of a felony?
Correct Answer: C Explanation: License holders must report any felony convictions to TREC within 30 days, and TREC may initiate disciplinary action based on the offense. Citation: TREC Rule §541.1(b)
Q130. Which of the following would violate the Canons of Professional Ethics?
Correct Answer: C Explanation: Discrimination on the basis of national origin violates both federal law and the Canons of Professional Ethics in Texas real estate practice. Citation: TREC Rule §531.19
Q131. What must a license holder do when receiving a referral fee from an out-of-state broker?
Correct Answer: B Explanation: Texas license holders may pay or receive referral fees from out-of-state brokers, as long as the non-Texas broker does not perform real estate services in Texas. Citation: TREC Rule §535.131(a)
Q132. Which of the following would constitute a violation of the Sherman Antitrust Act in real estate?
Correct Answer: B Explanation: Market allocation agreements between competitors, such as dividing territories, violate federal antitrust laws. Citation: 15 U.S.C. §1–7 (Sherman Act)
Q133. Which disclosure must be provided at the first substantive dialogue about a transaction?
Correct Answer: C Explanation: The IABS form must be provided to all potential parties to a transaction during the first substantive communication regarding a specific property or real estate service. Citation: TREC Rule §531.20(b)
Q134. A buyer is concerned about flooding in the area. What should the agent do?
Correct Answer: C Explanation: Agents must avoid giving potentially misleading information and should refer buyers to official sources for flood zone and insurance details. Citation: TREC Rule §535.156(b)
Q135. What type of listing agreement is least desirable for a broker?
Correct Answer: D Explanation: In an open listing, the broker is only paid if they personally produce the buyer, which offers the least protection or incentive. Citation: TREC Guidelines on Listing Types
Q136. Which action by a broker could be grounds for license revocation?
Correct Answer: C Explanation: Commissions may only be paid to licensed individuals or entities; paying an unlicensed person for brokerage activity is a serious violation. Citation: Texas Occupations Code §1101.651(a)(2)
Q137. A Texas sales agent negotiates directly with a seller about the listing price. What is the issue?
Correct Answer: C Explanation: All negotiations must occur under the supervision of or with the authority of the sponsoring broker. Agents may not operate independently. Citation: TREC Rule §535.2(k)
Q138. Which document is used to modify terms of an executed contract?
Correct Answer: A Explanation: Once a contract is fully executed, changes to the terms must be documented using an amendment signed by all parties. Citation: TREC Contract Amendments Guide
Q139. How long must brokers retain transaction records?
Correct Answer: C Explanation: Brokers must retain transaction files, contracts, and correspondence for at least three years from the date of closing or termination. Citation: TREC Rule §535.2(h)
Q140. Which law prohibits discrimination based on familial status?
Correct Answer: C Explanation: The federal Fair Housing Act prohibits discrimination in housing based on familial status, including the presence of children under 18. Citation: 42 U.S.C. §3604
Q141. What must a license holder do if sued for a real estate-related matter?
Correct Answer: B Explanation: TREC requires license holders to report any real estate-related lawsuit against them within 30 days of notice. Citation: TREC Rule §535.91(a)(3)
Q142. What does TREC require regarding team names in advertising?
Correct Answer: A Explanation: TREC requires team names to include “team” or “group” and prohibits misleading terms like “realty” or “broker.” Citation: TREC Rule §535.154(c)(2)(D)
Q143. When is a license holder required to provide the IABS form in writing?
Correct Answer: C Explanation: TREC mandates that the Information About Brokerage Services form be delivered at the first substantive discussion of services. Citation: TREC Rule §531.20
Q144. A license holder receives a referral fee from a title company. This is:
Correct Answer: B Explanation: The Real Estate Settlement Procedures Act (RESPA) prohibits unearned fees or kickbacks from title companies to license holders. Citation: 12 U.S.C. §2607(a)
Q145. Which of the following requires a license in Texas?
Correct Answer: C Explanation: Performing real estate services for another person in exchange for compensation requires a license under Texas law. Citation: Texas Occupations Code §1101.002(1)
Q146. If a license holder receives a complaint from TREC, they must:
Correct Answer: B Explanation: TREC rules require a timely written response to any complaint notification. Failure to respond may lead to disciplinary action. Citation: TREC Rule §535.141(c)
Q147. What is the legal consequence of offering rebates without disclosure?
Correct Answer: B Explanation: Rebates must be disclosed in writing to all parties in a transaction. Failure to do so may result in disciplinary action. Citation: TREC Rule §535.147(e)
Q148. A broker fails to supervise sponsored agents properly. What is the result?
Correct Answer: B Explanation: Brokers are legally responsible for ensuring their sponsored agents follow the law. Lack of supervision can lead to sanctions. Citation: TREC Rule §535.2
Q149. What is an “option fee” in a Texas real estate contract?
Correct Answer: B Explanation: The option fee secures the buyer’s right to terminate the contract during the option period for any reason. Citation: TREC 1–4 Family Residential Contract Paragraph 23
Q150. A broker receives earnest money but does not deposit it. This is an example of:
Correct Answer: B Explanation: Conversion occurs when funds intended to be held in trust are not properly deposited or are misused. Citation: TREC Rule §535.146(b)(1)
Q151. Which of the following activities requires a Texas real estate license?
Correct Answer: C Explanation: Any activity involving negotiation or representation for a fee requires a license in Texas. Citation: Texas Occupations Code §1101.002(1)
Q152. What is the primary function of the Texas Real Estate Commission (TREC)?
Correct Answer: C Explanation: TREC’s mission is to protect consumers by licensing and regulating real estate professionals in Texas. Citation: Texas Occupations Code §1101.051
Q153. What is the penalty for violating TREC advertising rules?
Correct Answer: C Explanation: Violations of advertising rules can result in significant administrative penalties up to $5,000 per day, per offense. Citation: Texas Occupations Code §1101.701
Q154. What does the term “conversion” mean in real estate practice?
Correct Answer: C Explanation: Conversion is the unauthorized use of client funds, which is a serious violation of TREC rules. Citation: TREC Rule §535.146(b)(1)
Q155. What must an intermediary broker do to make appointments?
Correct Answer: B Explanation: Appointments in an intermediary transaction require written consent from both buyer and seller to comply with TREC rules. Citation: Texas Occupations Code §1101.559
Q156. A license holder fails to renew their license on time. What happens?
Correct Answer: B Explanation: If a license is not renewed by the expiration date, it expires, and reinstatement requires fees and proof of CE completion. Citation: TREC Rule §535.93
Q157. Who may maintain an escrow or trust account?
Correct Answer: B Explanation: Only licensed brokers or their designated associates may maintain trust or escrow accounts on behalf of clients. Citation: TREC Rule §535.146
Q158. What must be done if a license holder receives a referral fee from a title company?
Correct Answer: C Explanation: Accepting referral fees is illegal unless they are properly disclosed. RESPA and TREC rules prohibit undisclosed compensation. Citation: 12 U.S.C. §2607 (RESPA); TREC Rule §535.148(b)
Q159. What is the statute of limitations for filing a complaint with TREC?
Correct Answer: D Explanation: TREC allows complaints to be filed within four years from the date of the incident or discovery of the alleged violation. Citation: TREC Rule §533.2
Q160. Which party typically pays for the survey in a Texas real estate transaction?
Correct Answer: C Explanation: The party responsible for survey costs is determined by agreement between the buyer and seller in the purchase contract. Citation: TREC 1–4 Family Contract, Paragraph 6C(1)
Q161. What is the legal effect of a counteroffer in Texas real estate transactions?
Correct Answer: C Explanation: A counteroffer acts as a rejection of the original offer and initiates a new offer with different terms, shifting the power of acceptance to the other party. Citation: Texas Contract Law Overview
Q162. What is the primary purpose of errors and omissions (E&O) insurance for real estate professionals?
Correct Answer: C Explanation: E&O insurance protects agents and brokers from liability arising from professional errors or unintentional omissions during transactions. Citation: TREC Brokerage and Risk Management Resources
Q163. Which form is promulgated by TREC for use in residential resale transactions?
Correct Answer: A Explanation: TREC promulgates the One to Four Family Residential Contract (Resale) for use in most existing single-family property transactions in Texas. Citation: TREC Contract Forms Library
Q164. If a listing agent knows that the roof leaks but the seller does not disclose it, what must the agent do?
Correct Answer: C Explanation: Texas law requires license holders to disclose known material defects, even if the seller has not disclosed them. Citation: TREC Rule §535.156(b)
Q165. What is the role of a sponsoring broker in relation to their sales agents?
Correct Answer: C Explanation: The sponsoring broker is legally accountable for the conduct of sales agents under their license, including supervision and compliance. Citation: TREC Rule §535.2(e)
Q166. When must the IABS form be provided to a consumer?
Correct Answer: C Explanation: TREC requires the Information About Brokerage Services form be presented at the first substantive dialogue with a consumer about a specific property. Citation: TREC Rule §531.20(b)
Q167. What does the term “fiduciary duty” mean in real estate?
Correct Answer: B Explanation: Fiduciary duties include loyalty, obedience, disclosure, confidentiality, accounting, and reasonable care toward the client. Citation: Texas Real Estate Agency Law
Q168. Which Texas law requires a license for managing or leasing real estate for others for compensation?
Correct Answer: C Explanation: TRELA defines real estate brokerage activities and mandates licensure for anyone managing, leasing, or negotiating real estate deals for compensation. Citation: Texas Occupations Code §1101.002(1)(A)
Q169. If a broker deposits a client’s escrow funds into a business operating account, what violation has occurred?
Correct Answer: B Explanation: Mixing client funds with the broker’s own business funds is known as commingling and is a violation of TREC rules. Citation: TREC Rule §535.146(b)(2)
Q170. What must be included in all advertising by a real estate license holder?
Correct Answer: C Explanation: TREC advertising rules require that a license holder include both their name and the name of their sponsoring broker or brokerage in all advertising. Citation: TREC Rule §535.155(b)(1)
Q171. What must be included in all advertising by a Texas real estate license holder?
Correct Answer: C Explanation: All advertising must clearly and conspicuously include the name of the sponsoring broker, per TREC rules. Citation: TREC Rule §535.155(b)(1)
Q172. What happens if a license holder fails to disclose a familial relationship in a transaction?
Correct Answer: B Explanation: TREC may take disciplinary action for failure to disclose a familial or financial interest, which is a violation of fiduciary duty. Citation: TREC Rule §535.144(a)
Q173. A license holder tells a buyer that a property “will double in value in two years.” This is considered:
Correct Answer: C Explanation: Guarantees of future appreciation without basis are misrepresentations under the Deceptive Trade Practices Act (DTPA). Citation: Texas Business and Commerce Code §17.46(b)(5)
Q174. A broker’s assumed business name must be:
Correct Answer: A Explanation: All assumed business names must be registered with TREC before being used in advertising or on signage. Citation: TREC Rule §535.154(c)(2)
Q175. What is the effect of an option clause in a Texas residential contract?
Correct Answer: B Explanation: An option clause gives the buyer an unrestricted right to terminate the contract during the negotiated option period. Citation: TREC 1–4 Family Residential Contract, Paragraph 23
Q176. Which of the following is required in intermediary relationships?
Correct Answer: B Explanation: Intermediary relationships require written consent from both parties for the broker to act neutrally in the transaction. Citation: Texas Occupations Code §1101.559(b)
Q177. What is the TREC rule regarding earnest money deposit timelines?
Correct Answer: C Explanation: Earnest money must be delivered to the escrow agent by the end of the third business day after the effective date of the contract. Citation: TREC 1–4 Family Residential Contract, Paragraph 5
Q178. A broker appoints agents to represent the buyer and seller. This is:
Correct Answer: B Explanation: Texas law allows intermediary with appointments, where the broker designates license holders to represent each party in the transaction. Citation: Texas Occupations Code §1101.560
Q179. What agency investigates complaints against real estate license holders in Texas?
Correct Answer: A Explanation: TREC is the state agency authorized to investigate and take disciplinary action on violations of license law and rules. Citation: Texas Occupations Code §1101.204
Q180. What is the legal effect of an “as is” clause in a Texas residential contract?
Correct Answer: B Explanation: An “as is” clause is enforceable only if the seller has not committed fraud, misrepresentation, or failed to disclose material defects. Citation: Prudential Insurance Co. v. Jefferson Associates, 896 S.W.2d 156 (Tex. 1995)
Q181. A license holder tells a homeowner that “property values will fall due to the influx of minority families.” This is:
Correct Answer: A Explanation: Making statements intended to induce panic selling based on the presence of protected classes is known as blockbusting, which is illegal under the Fair Housing Act. Citation: 42 U.S.C. §3604(e)
Q182. If a license holder fails to advise a client to obtain an attorney when appropriate, this may be considered:
Correct Answer: D Explanation: Failing to suggest legal counsel when appropriate may breach a license holder’s fiduciary duty to act in the best interest of the client. Citation: TREC Rule §531.2
Q183. A Texas license holder must respond to TREC inquiries within:
Correct Answer: B Explanation: License holders are required to respond to any request from the Commission within 10 days or may be subject to disciplinary action. Citation: TREC Rule §535.91(a)(3)
Q184. A broker appoints two license holders to represent buyer and seller in the same transaction. This is:
Correct Answer: B Explanation: A broker may act as an intermediary and appoint associated license holders to represent each party with written consent from both parties. Citation: Texas Occupations Code §1101.560
Q185. Which of the following actions is most likely to be considered a deceptive trade practice?
Correct Answer: C Explanation: Withholding known material facts is a deceptive act under the Texas Deceptive Trade Practices Act (DTPA). Citation: Texas Business and Commerce Code §17.46
Q186. Who is legally responsible for ensuring advertising complies with TREC rules?
Correct Answer: C Explanation: The sponsoring broker is ultimately responsible for all advertising content distributed by sponsored license holders. Citation: TREC Rule §535.2(i)(1)(B)
Q187. What must be true for a license holder to collect a commission on a real estate transaction?
Correct Answer: B Explanation: In Texas, the statute of frauds requires that any agreement to pay commission be in writing and signed by the party to be charged. Citation: Texas Occupations Code §1101.806
Q188. When must the Information About Brokerage Services (IABS) form be delivered?
Correct Answer: C Explanation: Texas law requires the IABS form be delivered at the first substantive conversation regarding a potential real estate transaction. Citation: TREC Rule §531.20
Q189. What is the primary purpose of the Texas Real Estate Recovery Trust Account?
Correct Answer: C Explanation: The Recovery Trust Account compensates consumers who suffer monetary damages due to a license holder’s unlawful conduct when other recovery efforts fail. Citation: Texas Occupations Code §1101.603
Q190. An agent claims a property is “the best value in the city” without substantiation. This is considered:
Correct Answer: B Explanation: Statements that are clearly subjective opinions, like “best value,” are considered puffery and not actionable misrepresentation under law. Citation: Common Law; DTPA Precedents
Q191. What must be included in a property management agreement in Texas?
Correct Answer: B Explanation: Property management agreements must be in writing and include clear terms such as termination conditions and compensation. Citation: TREC Rule §535.2(i)(6)
Q192. A license holder is sued for negligence. What should they do immediately?
Correct Answer: B Explanation: License holders should promptly notify their sponsoring broker and errors and omissions (E&O) insurance provider when sued for professional negligence. Citation: Texas Real Estate Commission Best Practices
Q193. What must a license holder do before negotiating a second offer on a property already under contract?
Correct Answer: C Explanation: The license holder must disclose that the property is already under contract and may only proceed with a backup offer if agreed upon. Citation: TREC Rule §535.156(b)
Q194. What is the purpose of the Texas Real Estate Recovery Trust Account?
Correct Answer: C Explanation: The fund provides financial restitution to consumers who win court judgments against license holders for fraud or misrepresentation. Citation: Texas Occupations Code §1101.603
Q195. What is an “option fee” in a Texas real estate contract?
Correct Answer: B Explanation: The option fee is paid by the buyer to the seller for the unrestricted right to terminate the contract during a specific period. Citation: TREC 1–4 Family Residential Contract, Paragraph 5B
Q196. A license holder emails listing details to a buyer without the seller’s consent. What is this?
Correct Answer: B Explanation: License holders owe fiduciary duties to their client and may not disclose confidential information or listings without permission. Citation: TREC Rule §531.1(4)
Q197. Which of the following acts may result in suspension or revocation of a license?
Correct Answer: B Explanation: Advertising that omits the broker’s name or uses misleading content is a violation of advertising rules and grounds for discipline. Citation: TREC Rule §535.154
Q198. A license holder is found guilty of fraud in a civil lawsuit. What can TREC do?
Correct Answer: B Explanation: TREC has authority to discipline license holders for fraud or unethical conduct proven in civil court. Citation: Texas Occupations Code §1101.656
Q199. How long must a broker retain files on completed real estate transactions?
Correct Answer: C Explanation: TREC requires brokers to retain records of transactions for at least four years from closing or termination. Citation: TREC Rule §535.2(i)(2)
Q200. Which of the following actions is considered commingling?
Correct Answer: A Explanation: Mixing client funds with business or personal accounts violates fiduciary duty and is considered commingling. Citation: TREC Rule §535.146(b)(2)
Q201. What is required to establish an intermediary relationship in Texas?
Correct Answer: C Explanation: Intermediary relationships require the broker to obtain written consent from both parties, with clear notice of the intermediary status. Citation: Texas Occupations Code §1101.559
Q202. What is the purpose of the Texas Real Estate Commission (TREC)?
Correct Answer: C Explanation: TREC’s mission is to protect consumers of real estate services by ensuring qualified and ethical real estate professionals operate in the state. Citation: TREC Mission Statement
Q203. Which of the following activities requires a real estate license in Texas?
Correct Answer: C Explanation: Receiving or expecting compensation for helping someone buy, sell, or lease real estate requires a license under Texas law. Citation: Texas Occupations Code §1101.002(1)
Q204. What happens if a broker fails to properly supervise sponsored agents?
Correct Answer: C Explanation: Brokers are responsible for the actions of their sponsored agents and must supervise them according to TREC rules or face penalties. Citation: TREC Rule §535.2(g)
Q205. When must the IABS form be delivered to a prospective client?
Correct Answer: B Explanation: The Information About Brokerage Services form must be delivered at the first substantive discussion of a real estate transaction. Citation: TREC Rule §531.20
Q206. How should a license holder respond if they are asked to misrepresent a material fact?
Correct Answer: C Explanation: Misrepresenting facts is a violation of both DTPA and TREC rules. License holders must maintain honesty and integrity at all times. Citation: TREC Rule §531.2
Q207. What is the penalty per violation per day for violating the Texas Real Estate License Act?
Correct Answer: C Explanation: TREC may impose an administrative penalty of up to $5,000 per violation per day under the License Act. Citation: Texas Occupations Code §1101.701(b)
Q208. Which of the following is NOT a protected class under the federal Fair Housing Act?
Correct Answer: C Explanation: Age is not covered under the Fair Housing Act, though it may be protected under other laws such as the Equal Credit Opportunity Act. Citation: 42 U.S.C. §3604
Q209. What must a license holder do if convicted of a felony?
Correct Answer: B Explanation: License holders must notify TREC in writing within 30 days of any felony conviction or plea, per Texas rules. Citation: TREC Rule §535.91(a)(2)
Q210. Which Texas law prohibits misrepresentation and fraud in business practices?
Correct Answer: C Explanation: The Texas Deceptive Trade Practices Act (DTPA) protects consumers from false, misleading, or deceptive business practices. Citation: Texas Business and Commerce Code §17.41 et seq.
Q211. A seller’s disclosure notice in Texas is required for which of the following property types?
Correct Answer: C Explanation: Texas law requires sellers of single-family residential property to provide a Seller’s Disclosure Notice unless exempted. Sales between spouses or new constructions may be exempt. Citation: Texas Property Code §5.008
Q212. Which of the following may TREC NOT do when disciplining a license holder?
Correct Answer: B Explanation: TREC may impose penalties, suspend or revoke licenses, and issue reprimands—but cannot force a license holder to pay restitution. That must be pursued through civil court. Citation: Texas Occupations Code §1101.702
Q213. A broker has multiple offers on a listing. What must they do?
Correct Answer: B Explanation: Brokers are legally and ethically obligated to present all offers to their client promptly unless directed otherwise by the client in writing. Citation: TREC Rule §535.156
Q214. Which Texas law requires that real estate advertisements avoid misleading content?
Correct Answer: A Explanation: The Texas DTPA prohibits false, misleading, or deceptive practices in business—including real estate advertising. Citation: Texas Business & Commerce Code §17.41 et seq.
Q215. What is the primary role of the Texas Real Estate Commission (TREC)?
Correct Answer: C Explanation: TREC is responsible for licensing real estate professionals and enforcing regulations to ensure compliance and protect the public. Citation: Texas Occupations Code §1101.051
Q216. A real estate team name must include which of the following under TREC rules?
Correct Answer: C Explanation: TREC rules require that any team name includes the word “team” or “group” and must not imply the entity is a brokerage on its own. Citation: TREC Rule §535.154(c)(3)
Q217. A sponsoring broker must maintain written policies that cover:
Correct Answer: C Explanation: Brokers must provide written policies that cover agency responsibilities, advertising standards, and proper recordkeeping procedures. Citation: TREC Rule §535.2(i)
Q218. Which party typically orders the title insurance policy in Texas?
Correct Answer: C Explanation: In Texas, the title company or escrow officer typically initiates the title policy process once the contract is executed. Citation: Texas Title Insurance Basic Manual – Procedural Rule P-1
Q219. Which of the following is required to lawfully terminate a listing agreement early in Texas?
Correct Answer: A Explanation: While a listing agreement may include cancellation terms, it generally requires written mutual consent to terminate early unless specific clauses provide unilateral termination rights. Citation: Texas Real Estate Agency Guidelines
Q220. If a buyer terminates the contract during the option period, what is the status of the earnest money?
Correct Answer: B Explanation: If the buyer terminates within the option period under Paragraph 23 of the contract, they are entitled to a refund of the earnest money (though the option fee is non-refundable). Citation: TREC One to Four Family Residential Contract – Paragraph 23
Q221. What must a license holder do before placing a sign on a property?
Correct Answer: B Explanation: Texas license holders must obtain written consent from the property owner before placing any signage. Citation: TREC Rule §535.155(d)(7)
Q222. Under what condition may a broker release escrow funds without mutual agreement of the parties?
Correct Answer: C Explanation: Escrow funds can only be released without agreement if directed by a court or if the broker interpleads the funds into court. Citation: TREC Rule §535.146(g)
Q223. A license holder is convicted of a felony. What is the immediate consequence?
Correct Answer: A Explanation: A felony conviction triggers automatic revocation or suspension of a real estate license in Texas. Citation: Texas Occupations Code §53.021
Q224. What version of the Consumer Protection Notice must be displayed as of 2025?
Correct Answer: C Explanation: As of September 1, 2023, TREC requires license holders to use and display Form CN 1-5. Citation: TREC Website — Forms Update (Sept. 2023)
Q225. What is the penalty for practicing real estate without a license in Texas?
Correct Answer: C Explanation: Acting as a broker or agent without a license is a Class A misdemeanor and may also incur administrative fines from TREC. Citation: Texas Occupations Code §1101.758
Q226. If a broker allows an unlicensed person to perform brokerage activities, the broker:
Correct Answer: C Explanation: Brokers are responsible for preventing unlicensed individuals from engaging in real estate brokerage and can face disciplinary action if they enable it. Citation: TREC Rule §535.2(e)
Q227. A broker receives trust funds and places them in a personal account temporarily. What is this called?
Correct Answer: C Explanation: Commingling occurs when a broker mixes client funds with personal or business funds, a violation of fiduciary duty. Citation: TREC Rule §535.146(b)(2)
Q228. What is the term for encouraging a property owner to sell based on changes in neighborhood demographics?
Correct Answer: C Explanation: Blockbusting is the illegal practice of inducing owners to sell based on the perceived entry of protected groups into a neighborhood. Citation: 42 U.S.C. §3604(e)
Q229. What is required for a broker to maintain a trust account?
Correct Answer: B Explanation: A broker maintaining a trust account must follow detailed rules, including notifying clients, proper segregation of funds, and account reconciliation. Citation: TREC Rule §535.146
Q230. Which of the following must a broker maintain as part of supervisory duties?
Correct Answer: B Explanation: TREC requires brokers to provide a written policies and procedures manual to guide and supervise agents. Citation: TREC Rule §535.2(i)(3)
Q231. A license holder changes their name. What must they do?
Correct Answer: C Explanation: Name changes must be reported to TREC by submitting the appropriate form and documentation (such as a marriage certificate). Citation: TREC Rule §535.91(a)(1)
Q232. What is the effect of failing to deliver the IABS form when required?
Correct Answer: B Explanation: License holders must provide the IABS form at the first substantive communication. Failing to do so violates disclosure requirements. Citation: TREC Rule §531.20
Q233. If a broker terminates sponsorship of a sales agent, what happens?
Correct Answer: C Explanation: When a broker terminates sponsorship, the license of the sales agent becomes inactive until a new sponsoring broker is designated. Citation: TREC Rule §535.121(b)
Q234. A license holder refers a client to a title company in exchange for a gift card. Is this allowed?
Correct Answer: C Explanation: The Real Estate Settlement Procedures Act (RESPA) prohibits kickbacks or anything of value in exchange for referrals of settlement services. Citation: 12 U.S.C. §2607(a)
Q235. What must a broker do when ceasing operations?
Correct Answer: C Explanation: A broker who discontinues business must inform TREC and return their license certificate to the Commission immediately. Citation: TREC Rule §535.91(a)(4)
Q236. What must be included on a license holder’s website?
Correct Answer: C Explanation: License holders must include links to the Consumer Protection Notice and the IABS form in a readily noticeable location on their website. Citation: TREC Rule §531.18
Q237. When acting as an intermediary, what is the broker prohibited from doing?
Correct Answer: C Explanation: Intermediaries must not disclose confidential information about either party unless given written consent. Citation: Texas Occupations Code §1101.559(d)
Q238. A license holder fails to supervise an unlicensed assistant. Who is liable?
Correct Answer: C Explanation: License holders and their brokers are responsible for ensuring that unlicensed assistants do not perform activities requiring a license. Citation: TREC Rule §535.2(g)
Q239. What is the primary duty of a license holder under TREC’s Canons of Professional Ethics?
Correct Answer: A Explanation: The Canons of Professional Ethics state that a real estate agent’s primary duty is to protect and promote the interests of the public. Citation: TREC Rule §531.1
Q240. A buyer’s agent receives compensation from both buyer and seller. What must happen?
Correct Answer: D Explanation: Texas law requires written consent from all parties when a license holder is compensated by more than one party in a transaction. Citation: Texas Occupations Code §1101.651(d)
Q241. What is the consequence if a license holder fails to complete continuing education (CE) before renewal?
Correct Answer: C Explanation: If CE requirements are not met before renewal, the license expires and can only be reinstated after CE completion and a fee. Citation: TREC Rule §535.92(f)
Q242. Which of the following statements about earnest money is TRUE in Texas?
Correct Answer: C Explanation: Earnest money must be delivered to the escrow agent by the close of business on the third business day after contract execution. Citation: TREC 1–4 Family Contract Paragraph 5
Q243. What is required when using the term “REALTOR®” in advertising?
Correct Answer: A Explanation: Only license holders who are members of the National Association of REALTORS® (and their local board) may use the REALTOR® designation in advertising. Citation: NAR Trademark Rules; TREC Rule §535.154(a)
Q244. Who is responsible for ensuring a sales agent complies with advertising rules?
Correct Answer: C Explanation: Sponsoring brokers are ultimately responsible for supervising advertising activities of their sponsored agents. Citation: TREC Rule §535.2(e)
Q245. What is required when a license holder receives an offer on a listing?
Correct Answer: B Explanation: License holders must promptly present all offers received to their client, regardless of price or conditions. Citation: TREC Rule §535.156(b)
Q246. How is a net listing defined in Texas real estate?
Correct Answer: B Explanation: In a net listing, the broker’s commission is the difference between the sale price and a minimum price set by the seller. It’s legal but discouraged. Citation: TREC Rule §535.16(d)
QQ247. Which activity by a license holder constitutes an antitrust violation?
Correct Answer: B Explanation: Discussing commission rates with competitors may constitute price-fixing and violate the Sherman Antitrust Act. Citation: Sherman Antitrust Act, 15 U.S.C. §1
Q248. A buyer backs out of a contract during the option period. What must the seller do to retain the option fee?
Correct Answer: C Explanation: If the buyer terminates properly within the option period, they forfeit the option fee, which the seller retains by default regardless of earnest money disposition. Citation: TREC 1–4 Family Residential Contract, Paragraph 23
Q249. Which type of listing agreement is considered potentially unethical unless safeguards are used?
Correct Answer: A Explanation: Net listings are legal in Texas but discouraged due to potential conflicts of interest and must only be used when the seller is fully informed. Citation: TREC Rule §535.16(d)
Q250. When may a license holder use the term “REALTOR®” in advertising?
Correct Answer: C Explanation: “REALTOR®” is a trademark of the National Association of REALTORS® and may only be used by active NAR members in good standing. Citation: NAR Membership Rules; TREC Rule §535.154(b)
Q251. What is the penalty for engaging in real estate brokerage without a license in Texas?
Correct Answer: C Explanation: Conducting real estate business without a license in Texas is a Class A misdemeanor and may also incur administrative penalties. Citation: Texas Occupations Code §1101.758
Q252. What is the maximum amount a consumer may recover per judgment from the Real Estate Recovery Trust Account?
Correct Answer: B Explanation: The maximum payment to a single judgment creditor from the Recovery Trust Account is $50,000 per transaction. Citation: Texas Occupations Code §1101.610
Q253. Which of the following is an example of illegal commingling?
Correct Answer: B Explanation: Commingling occurs when a license holder deposits client funds into a personal or business account rather than a trust or escrow account. Citation: TREC Rule §535.146(b)(2)
Q254. What action must a license holder take when a client asks about local crime rates?
Correct Answer: C Explanation: To avoid potential claims of steering or misrepresentation, license holders should refer clients to objective, third-party sources. Citation: TREC Rule §531.2
Q255. A buyer terminates a contract during the option period. What happens to the option fee?
Correct Answer: B Explanation: The option fee is paid to the seller for the right to terminate and is non-refundable regardless of whether the contract closes. Citation: TREC 1–4 Family Residential Contract, Paragraph 23
Q256. How many hours of CE are required for license renewal in Texas?
Correct Answer: D Explanation: Texas requires 18 hours of Continuing Education, including 8 hours of Legal Updates and 3 hours of contract-related coursework. Citation: TREC Rule §535.92(a)
Q257. How long must a broker maintain transaction records?
Correct Answer: C Explanation: Brokers must retain records of real estate transactions for at least 3 years from the date of closing or termination. Citation: TREC Rule §535.2(g)
Q258. A license holder fails to respond to a TREC complaint notice. What is the consequence?
Correct Answer: B Explanation: Failing to timely respond to TREC can result in disciplinary action, including suspension or revocation of a real estate license. Citation: TREC Rule §533.2(e)
Q269. What must a license holder do before offering a guaranteed buyout to a seller?
Correct Answer: C Explanation: Guaranteeing to buy a property requires full written disclosure to the seller and evidence that the license holder can financially perform the promise. Citation: TREC Rule §535.155(d)(1)
Q260. Which of the following may result in license revocation even if the conduct occurred outside of a real estate transaction?
Correct Answer: B Explanation: TREC may take disciplinary action for criminal conduct that demonstrates dishonesty or a lack of trustworthiness, even if unrelated to real estate deals. Citation: Texas Occupations Code §1101.652(a)(2)
Q261. Which of the following would be considered commingling?
Correct Answer: A Explanation: Commingling occurs when a license holder mixes client funds with personal or business funds, which is prohibited. Citation: TREC Rule §535.146(b)(2)
Q262. What action by a license holder is most likely to be considered conversion?
Correct Answer: B Explanation: Conversion involves the unauthorized use of another party’s funds, such as using escrow money for personal purposes. Citation: TREC Rule §535.146(b)(1)
Q263. What happens if a broker fails to properly supervise sponsored agents?
Correct Answer: B Explanation: Brokers are responsible for the supervision of their sponsored agents and may face disciplinary action for their agents’ misconduct. Citation: TREC Rule §535.2(g)
Q264. What is required for a license holder to receive compensation from a transaction?
Correct Answer: B Explanation: License holders may only receive compensation with the knowledge and approval of their sponsoring broker and through a written agreement. Citation: Texas Occupations Code §1101.651(d)
Q265. Which of the following forms is required for all license holders to use when representing clients in residential sales?
Correct Answer: B Explanation: TREC-promulgated forms like the 1–4 Family Residential Contract must be used by license holders when applicable. Citation: TREC Rule §537.11(a)
Q266. If a license expires due to CE noncompliance, what must be done to reinstate it?
Correct Answer: C Explanation: If a license expires due to CE deficiencies, it can be reinstated by completing the missing education and paying the applicable fee within six months. Citation: TREC Rule §535.92(f)
Q267. What must a license holder do when representing their own property in a sale?
Correct Answer: C Explanation: When a license holder sells their own property, they must disclose in writing their licensed status to all parties involved in the transaction. Citation: TREC Rule §535.144(b)
Q268. What is the role of the Texas Real Estate Broker-Lawyer Committee?
Correct Answer: C Explanation: The Broker-Lawyer Committee develops standard contract forms used by license holders in Texas. Citation: Texas Occupations Code §1101.252
Q269. What is required before a broker may act as an intermediary?
Correct Answer: C Explanation: A broker must obtain written consent from both parties before acting as an intermediary in a transaction. Citation: Texas Occupations Code §1101.559
Q270. What should a license holder do if a client discloses they intend to break fair housing laws?
Correct Answer: B Explanation: Continuing representation in the face of a client’s intent to discriminate violates TREC ethics and federal law. Withdrawal is required. Citation: TREC Rule §531.19; 42 U.S.C. §3604
Q271. What duty does a license holder owe when presenting multiple offers to a seller client?
Correct Answer: C Explanation: All offers must be presented to the client promptly and objectively without bias or delay, per fiduciary duty. Citation: TREC Rule §535.156(b)
Q272. Which of the following is considered an illegal rebate under Texas law?
Correct Answer: B Explanation: Rebates must be disclosed to all parties. Secret gifts or payments may be considered illegal inducements or kickbacks. Citation: TREC Rule §535.147(e)
Q273. What is a license holder required to do if they receive a complaint notice from TREC?
Correct Answer: A Explanation: License holders must respond to a TREC complaint notice in writing within 14 days to avoid further disciplinary action. Citation: TREC Rule §533.20
Q274. Which of the following is a legal activity by a licensed sales agent?
Correct Answer: C Explanation: License holders may not give legal advice but may advise clients to consult a lawyer when appropriate. Citation: TREC Rule §531.2
Q275. What is the definition of “negligence” in a real estate context?
Correct Answer: C Explanation: Negligence refers to a license holder’s failure to act with reasonable care, leading to a client or third party’s harm. Citation: Common Law Tort Principles
Q276. Which entity has the authority to adopt and enforce rules for Texas real estate license holders?
Correct Answer: C Explanation: TREC is the state agency authorized by the legislature to adopt rules and enforce the Real Estate License Act. Citation: Texas Occupations Code §1101.151
Q277. How long does a license applicant have to pass the exam after filing their application with TREC?
Correct Answer: D Explanation: After TREC accepts an application, the applicant has one year (12 months) to pass the licensing exam. Citation: TREC Rule §535.54(b)
Q278. What is the status of an offer if the buyer dies before the seller accepts?
Correct Answer: B Explanation: Death of the offeror (buyer) terminates the offer before acceptance. No contract is formed. Citation: Common Law of Contracts
Q279. What is the effect of failing to display the Consumer Protection Notice on a licensee’s website?
Correct Answer: B Explanation: TREC requires the Consumer Protection Notice to be clearly posted on licensees’ websites. Failure to do so is a rule violation. Citation: TREC Rule §531.18(b)
Q280. Which of the following is a valid reason for TREC to deny a license application?
Correct Answer: C Explanation: TREC may deny licensure based on criminal history related to honesty, trustworthiness, or integrity, including prior fraud convictions. Citation: Texas Occupations Code §53.021
Q281. A license holder posts a listing on social media with only their team name. What is this a violation of?
Correct Answer: C Explanation: TREC requires that the broker’s name appear clearly and conspicuously in all advertisements, including team name usage on social media. Citation: TREC Rule §535.155(b)(1)
Q282. What is the effect of a buyer waiving the option period in the contract?
Correct Answer: A Explanation: Waiving the option period removes the buyer’s unilateral right to terminate the contract for any reason during that time frame. Citation: TREC Form 20-17, Paragraph 23
Q283. What is the purpose of the earnest money deposit?
Correct Answer: C Explanation: Earnest money shows that the buyer is serious about the purchase and provides the seller with some assurance of commitment. Citation: TREC Form 20-17, Paragraph 5
Q284. What happens if a license holder fails to renew their license within two years of expiration?
Correct Answer: B Explanation: If more than two years have passed since expiration, the license holder must reapply as a new applicant and retake the exam. Citation: TREC Rule §535.93(h)
Q285. What is a broker’s supervisory obligation regarding sponsored agents?
Correct Answer: B Explanation: Brokers are responsible for supervising sponsored sales agents, including reviewing advertising and ensuring compliance with legal and ethical standards. Citation: TREC Rule §535.2(e)
Q286. What type of legal description provides the most accuracy?
Correct Answer: B Explanation: A lot and block legal description from a recorded subdivision plat is legally recognized and highly precise for conveying real estate. Citation: Texas Property Code §11.003
Q287. When must the lead-based paint disclosure be provided in a residential transaction?
Correct Answer: B Explanation: Federal law requires that lead-based paint disclosures be provided to buyers before they become obligated under any contract for housing built before 1978. Citation: 42 U.S.C. §4852d
Q288. Which document outlines the buyer’s and seller’s rights and obligations in a resale home sale?
Correct Answer: C Explanation: The One to Four Family Residential Contract is the central legal agreement in most resale home transactions in Texas, outlining duties of both parties. Citation: TREC Form 20-17
Q289. A sales agent wants to operate under a team name. What must be done first?
Correct Answer: C Explanation: TREC requires team names to be registered through the sponsoring broker before they are used in advertising or business activity. Citation: TREC Rule §535.154(c)
Q290. When must the Information About Brokerage Services (IABS) form be posted on a license holder’s website?
Correct Answer: B Explanation: If a website includes listings or ways to initiate contact about brokerage services, it must include a visible link to the IABS form in a readily noticeable place. Citation: TREC Rule §531.20(b)
Q291. What should a license holder do when faced with a client request that violates Fair Housing laws?
Correct Answer: C Explanation: License holders must not comply with or enable discriminatory practices. They must educate the client and refuse to participate in violations. Citation: 42 U.S.C. §3604; TREC Rule §531.19
Q292. What must a broker do before changing their business entity’s address?
Correct Answer: B Explanation: A broker must report any change to their business address through the TREC online portal within 10 calendar days. Citation: TREC Rule §535.91(a)(1)
Q293. Which TREC form replaced the outdated Consumer Protection Notice CN 1-4?
Correct Answer: B Explanation: As of September 1, 2023, TREC requires the use of the updated Consumer Protection Notice Form CN 1-5. Citation: TREC Official Forms Update (2023)
Q294. What happens if a license holder fails to designate a business entity broker for their LLC?
Correct Answer: B Explanation: A licensed business entity must have a designated broker. Without one, it is prohibited from practicing real estate brokerage under Texas law. Citation: TREC Rule §535.2(k)
Q295. If a license holder is found guilty of a serious violation, what can TREC do?
Correct Answer: B Explanation: TREC has the authority to suspend or revoke a license if a serious violation of the law or rules is found. Citation: Texas Occupations Code §1101.656
Q296. Which of the following is a duty of a broker under the Real Estate License Act?
Correct Answer: C Explanation: A sponsoring broker must properly supervise all sponsored agents to ensure compliance with TREC rules. Citation: TREC Rule §535.2(e)
Q297. A license holder represents a buyer in a transaction and also owns the property being sold. What must they do?
Correct Answer: A Explanation: License holders must disclose any ownership interest in a transaction in writing and prior to entering into a contract to avoid conflict of interest or misrepresentation. Citation: TREC Rule §535.144(b)
Q298. A license applicant is denied due to moral character concerns. How long must they wait before reapplying?
Correct Answer: B Explanation: If an application is denied due to lack of honesty, trustworthiness, or integrity, the applicant must wait one year to reapply unless otherwise stated by TREC. Citation: Texas Occupations Code §1101.364
Q299. What action is required of a broker when terminating sponsorship of a sales agent?
Correct Answer: B Explanation: A sponsoring broker must notify TREC in writing immediately upon terminating the sponsorship of an agent. Citation: TREC Rule §535.2(e)
Q300. A license holder acts negligently in a transaction, causing financial harm to the buyer. What is the buyer’s recourse?
Correct Answer: B Explanation: The Texas Real Estate Recovery Trust Account allows consumers to recover damages from licensed individuals who acted fraudulently or negligently when other remedies have failed. Citation: Texas Occupations Code §1101.603
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