1. A tenant leases a heated apartment, but the landlord fails to provide heat because of a defective heating unit. The tenant then vacates and refuses to pay the rent. This example best describes
A. actual eviction
B. abandonment
C. ejectment
D. constructive eviction Correct
Explanation
Constructive eviction occurs when a landlord's failure to maintain essential services, like heat, makes the premises uninhabitable, allowing the tenant to legally vacate without further rent obligation. Actual eviction (A) involves physically removing the tenant, which didn't happen here. Abandonment (B) is when a tenant leaves without cause, but here the tenant has a valid reason (no heat). Ejectment (C) is a legal action to recover property, not applicable to this tenant-landlord dispute.
2. Improvements installed on leased premises by tenants to enable or enhance the tenants' practice of their profession are called
A. fixtures
B. easements
C. emblements
D. trade fixtures Correct
Explanation
Trade fixtures are items installed by a tenant specifically for their business or profession, like equipment, and can typically be removed at the lease's end. Fixtures (A) are permanently attached items that become part of the property and cannot be removed. Easements (B) are rights to use another's land, unrelated to installed items. Emblements (C) are crops grown by a tenant, not relevant to professional improvements.
3. A home warranty offers protection to the buyer of a previously owned home for which of the following?
A. flooding
B. losses attributable to poor construction
C. damage caused by hail, wind, or other storms
D. failure of a major mechanical system or appliance Correct
Explanation
A home warranty covers repairs or replacements of major mechanical systems (e.g., HVAC) or appliances, typically for a set period post-purchase. Flooding (A) and storm damage (C) are covered by homeowner's insurance, not warranties. Losses from poor construction (B) are not typically covered, as warranties focus on system functionality, not structural defects.
4. When buyers move into their new house, they see that the ceiling fan in the dining room is gone and bare wires are hanging from the hole. The ceiling fan was NOT mentioned in the offer to purchase. Did the sellers have the right to take the ceiling fan?
A. No, because it was a fixture in the house. Correct
B. No, because it was chattel.
C. Yes, because it was the sellers' personal property.
D. Yes, because it was not referenced in the contract.
Explanation
A ceiling fan, being physically attached to the property, is a fixture and conveys with the house unless explicitly excluded in the contract. Choice B is incorrect because chattel refers to movable personal property, not something attached like a ceiling fan. Choices C and D are incorrect because fixtures are not personal property and their absence from the contract does not allow removal, as fixtures are assumed to stay.
5. Personal property is distinguished from real estate because personal property is
A. owned
B. movable Correct
C. attached
D. depreciable
Explanation
Personal property is movable and not permanently attached to land, unlike real estate, which includes land and fixtures. Owned (A) applies to both real and personal property, so it's not distinguishing. Attached (C) describes fixtures, part of real estate. Depreciable (D) can apply to both, depending on tax context, and is not the primary distinction.