01
Transaction broker
AskWhat kind of representation is this?
CheckLimited representation. No fiduciary relationship.
TrapDo not call it dual agency.
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02
Single agent
AskWhat duty level does the broker owe?
CheckFull fiduciary duties to one party.
TrapLook for loyalty, obedience, and full disclosure.
03
No brokerage relationship
AskDoes the licensee represent the person?
CheckNo representation, but limited statutory duties still apply.
TrapNo relationship does not mean no duties.
04
Material fact
AskWhat kind of fact must be disclosed?
CheckA fact that affects residential value and is not readily observable.
TrapOpinion and puffing are different from material fact.
05
Fiduciary
AskWhat relationship creates loyalty-style duties?
CheckA relationship of trust, such as single-agent representation.
TrapTransaction brokers do not owe fiduciary duties.
06
Commingling
AskWhat happened to the money?
CheckClient funds were mixed with broker or personal funds.
TrapSpending is not required for commingling.
07
Conversion
AskWhat happened to the escrow money?
CheckClient funds were used or taken for an unauthorized purpose.
TrapConversion is worse than mixing.
08
Escrow
AskIs this the deposit, account, or holding arrangement?
CheckThe holding arrangement for money or documents until conditions are met.
TrapEarnest money is the deposit, not the whole arrangement.
09
Trust account
AskWhere are other people's funds held?
CheckA broker account for funds belonging to others.
TrapDo not put operating funds here except allowed minimal amounts.
10
Earnest money
AskWhat is the buyer giving with the offer?
CheckA good-faith deposit tied to the contract.
TrapIt is not the same term as escrow.
11
Deed
AskDocument or ownership right?
CheckThe written instrument that transfers title.
TrapA deed is not title itself.
12
Title
AskDocument or ownership right?
CheckThe legal right of ownership.
TrapHolding paper is not the same as holding title.
13
General warranty deed
AskHow broad is the warranty?
CheckBroadest deed warranty, including claims before the grantor owned it.
TrapStrongest buyer protection.
14
Special warranty deed
AskWhat time period is covered?
CheckOnly the grantor's ownership period.
TrapSpecial does not mean stronger than general.
15
Quitclaim deed
AskWhat warranty is promised?
CheckNo warranty. Transfers whatever interest the grantor has, if any.
TrapIt can be valid even if little title passes.
16
Easement
AskWhat right does someone have?
CheckA right to use another person's land for a specific purpose.
TrapSpecific use right beats broad encumbrance if both appear.
17
Encumbrance
AskBroad category or specific use right?
CheckAny claim, lien, restriction, or interest affecting title or use.
TrapAn easement is one type of encumbrance.
18
Lien
AskMoney claim or physical problem?
CheckA money claim against property as security for a debt.
TrapTax liens can attach even with no physical defect.
19
Encroachment
AskMoney claim or physical intrusion?
CheckA physical improvement crosses onto another property.
TrapThink survey, fence, driveway, or building line.
20
Fixture
AskPersonal property or real property now?
CheckPersonal property that became real property by attachment or intent.
TrapAsk whether it is intended to stay with the property.
21
Trade fixture
AskWho installed it and why?
CheckBusiness tenant's attached item that usually remains personal property.
TrapTrade fixture is the tenant-business exception.
22
Tenancy in common
AskIs there automatic survivorship?
CheckNo automatic survivorship. Shares can be unequal.
TrapDefault co-ownership answer when survivorship is missing.
23
Joint tenancy
AskWhat extra feature may exist?
CheckCo-ownership that may include survivorship if properly created.
TrapLook for right of survivorship language.
24
Tenancy by the entireties
AskWho can hold this ownership form?
CheckMarried spouses, with survivorship features.
TrapFlorida exam stems often test the married-couple clue.
25
Executed contract
AskSigned or fully performed?
CheckFully performed by all parties.
TrapEveryday speech says signed. Exam usage often means completed.
26
Executory contract
AskAre duties still pending?
CheckYes. Some performance remains.
TrapA signed purchase contract before closing is usually executory.
27
Void contract
AskDoes it have legal effect?
CheckNo legal effect from the beginning.
TrapIllegal purpose is the classic clue.
28
Voidable contract
AskWho gets the choice?
CheckOne protected party may enforce or cancel.
TrapVoidable is not automatically dead.
29
Assignment
AskIs the original party released?
CheckRights transfer, but original party may remain liable.
TrapNo release language usually means assignment.
30
Novation
AskWas a party replaced and released?
CheckAll parties agree to substitute a new party and release the old one.
TrapRelease is the signal.
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