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By David Saks, Broker / Industry Analyst
  #2662 Articles and items that are installed by tenants on real estate for use in a business are considered to be easments and fructalis. Is this true or false ? Take your time on this tough one. The solution is posted below the wildlife photo. A. False When a tenant installs an item or a fixture for use in a business the fixture is called a trade fixture. Trade fixtures are also considered the personal property of the tenant.
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By David Saks, Broker / Industry Analyst
#2661 When real property is acquired a specific right accompanies it and this right is referred to as a fixture. Is this true or false ? Take your time on this really tough question. The solution is posted below the royalty-free wildlife photo as usual. A. Absolutely false. The right that accompanies the land is called an appurtenance. The right to access the driveway is an apputenance. The right to pick the fruit off of the trees that are on the land is also an appurtenance.
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By David Saks, Broker / Industry Analyst
Here's One From Bob Crosby and the BobCats "Peter Cottontail" Happy Easter -David-
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By David Saks, Broker / Industry Analyst
April is National Financial Literacy Month In 2004, April was officially designated National Financial Literacy Month to raise public awareness on the importance of personal financial education and to promote access to tools and information so individuals can better protect themselves from financial fraud. The U.S. Attorney’s Office for the Western District of North Carolina reminds the public that financial scams come in different forms: Ponzi schemes, mortgage fraud, corporate fraud, investor fraud, credit card fraud, identity theft, telemarketing scams, and fraudulent charity solicitations are some of the most common schemes. Prosecuting financial fraud continues to be a priority for the U.S. Attorney’s Office; however, becoming educated consumers and investors is the public’s first ...
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By David Saks, Broker / Industry Analyst
   #2660 When we consider the distance between the east and west boundary lines of any township the distance between the boundary lines is six miles. Is this true or false ? Please take your time. The solution is posted below the wildlife photo. A. True Every township measures six miles by six miles, therefore the distance between the east and west boundary lines is six miles.
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By David Saks, Broker / Industry Analyst
  #2659 When we speak of a township, a township contains 36 sections that are numbered 1 through 36. In each instance, the last township will be located in the northeast corner. Is this true or false ? Take your time. The solution is posted below the wildlife photo. A. False Section 36 is always found in the southeast corner of every township. Section one actually begins in the northeast corner and the ascending order begins from right to left for the first six sections at the top of the township and ascends numerically from left to right in the second row which features sections 7 thropugh 12, and so on.
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By David Saks, Broker / Industry Analyst
   #2658 The most important thing one should consider when trying to determine whether or not an iten is a fixture of personal property is how the item is being used in relation to the property. Is this true of false ? Take your time. The solution is posted below the wildlife photo. A. False The most important thing to consider when trying to decide whether or not an item is a fixture or personal property is the intention and the addition of the presentation of evidence of the owner's intention to accompany the determination process.
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By David Saks, Broker / Industry Analyst
   #2657 Nearly every real estate brokerage has an obligation to pay for a salesperson's cell phone bill, continuing education and gasoline. Is this true or false ? Take your time on this really tough question. The solution is below the wildlife photo. A. Er...uhhh...false ..... Duh....???? Some brokerages will assit agents with fees related to board affiliation or multiple listing fees, but the brokerage has no obligation to assist an agent with gas, continuing education requirements or cell phone expenses.
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By David Saks, Broker / Industry Analyst
   #2656 When a salesperson has to pay a desk fee the desk fee is used to pay for meals and never used to pay for the office facilities or as a substitute for the agent's commission. True or false ? Take your time. The solution is posted below the wildlife photo. A. False Office fees are usually paid to compensate for the use of the office facilities and in some cases offset the commission structure.
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By David Saks, Broker / Industry Analyst
  #2655 When a real estate agent considers himself an employee or an independent contractor the consideration will have an impact on whether or not the broker will have to pay social security or income taxes. Take your time. The solution is posted below the wildlife photo. Is this true or false ? A. True A broker won't have to pay social security or income taxes if the salesperson is an independent contractor.
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By David Saks, Broker / Industry Analyst
  #2654 If a salesperson works for any brokerage as an independant contactor the salesperson must be paid a regular salary by the brokerage, and needs no supervision by the principal broker. Is this true or false ? Take your time. The solution is posted below the wildlife photo. A. False The salesperson is responsible for their own income as a self-employed individual, which carries the additional responsiblity of filing their own taxes. The salesperson must always be supervised by the broker.
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By David Saks, Broker / Industry Analyst
      #2653 It is extremely important that all real estate agents understand the concepts of contract law, agency, and property laws. Is this true or false or is this something which only concerns a member of the legal profession ? Take your time. The solution is npoted below the wildlife photo. A. True All real estate agents have an obligation to have a fundamental understanding of the laws that apply to contracts, agency and property  laws.
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By David Saks, Broker / Industry Analyst
     #2652 What is traditionally considered to be the last step in a real estate transaction ? Take your time. The solution is posted below the wildlife photo.   A. The closing Closing is generally considered to be the last thing that takes place in any real estate transaction. All monies are excvhanged, title transfer takes place and the deed is handed over. Another term for closing is escrow or 'going to settlement'.
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By David Saks, Broker / Industry Analyst
   #2651 When a salesperson is acting as an employee and is not acting as an independent contractor that salesperson has the right to advertise property under their own name. Is this true or false ? Take your time. The solution is posted below the wildlife photo. A. False If the salseperson is an employee of the brokerage the salesperson may not advertise property in their own name. The salesperson has an obligation to recognize any responsibilities that may be assigned by the principal broker of the brokerage of which the salesperson is employed.
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By David Saks, Broker / Industry Analyst
The movie "Noah" is two hours of monotonic dialogue, droning, moaning orchestral arrangements accompanying some of the most chintzy special effects ever produced. If King James were alive he might have beheaded the producer and director in the Tower of London. Save your money !  
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By David Saks, Broker / Industry Analyst
#2650 A broker has the right to exercise the decision to control the number of hours an independent contractor would have to work in addition to the work schedule that the independent contractor would be required to comply with. Is this true or false ? A. False The broker would not have the right to dictate the number of hours the independent contractor has to work, nor their work schedule. He could control the amount of compensation the independent contractor would receive.
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By David Saks, Broker / Industry Analyst
  #2649 When a real estate salesperson is paid in a lump sum by the broker or their employer and that same licensee or salesperson is responsible for paying their own taxes, we refer to this person as an employee. Is this true or false. Remember to take your time. The answer is posted below the wildlife photo. A. False. If the agent / salesperson is responsible for paying their own taxes we refer to them as an independent contractor.
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By David Saks, Broker / Industry Analyst
#2648 A buyer became a client of a broker and decided that he wanted to purchase a house that the broker has listed with his company. It's not ok for the broker to show the buyer / client the house that he has listed for sale. True or false ? Take your time. The solution is posted below the wildlife photo. A. False It is ok for the broker to show the house to the buyer / client, but both the buyer and the seller have to be made aware of what's going on and agree to allow the broker to represent both of them in writing.
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By David Saks, Broker / Industry Analyst
#2647 When a real estate broker is hired by someone to sell their home the broker has an obligation to comply with the directions of any interested buyer. Is this true of false ? Take your time. The solution is posted below the wioldlife photo. A. Absolutely false. The real estate broker hired by the seller is only required to recognize and comply with all of the lawful instructions of the owner / seller.
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