A landlord enters a triple net lease agreement with a commercial tenant for five years with an automaticÂ
renewal of the lease agreement for one year after expiration unless either party provides 30 days’ notice toÂ
terminate. All of the following statements are true, EXCEPT:
1. The agreement must be in writing to be enforceable per the North Carolina Statue of Frauds.
2. A triple net lease is where the landlord takes on responsibilities for certain cost that are typically bornÂ
by the tenant.
3. To be protected against 3rd party transfers, the lease should be recorded.
4. The tenant would not be protected by the North Carolina Rental Agreement Act.
2. A triple net lease is where the landlord takes on responsibilities for certain cost that are typically bornÂ
by the tenant.
Explanation
A net lease is where the tenant takes on some of the cost of ownership typically paid for by the ownerÂ
such as taxes, insurance or common area maintenance. The NC Statute of frauds requires leases of greaterÂ
than 3 years to be in writing to be enforceable. The NC Connor Act requires a lease to be recorded to beÂ
enforceable against 3rd parties. The RESIDENTIAL Rental Agreement Act does not protect commercialÂ
tenants. Individuals/entities that enter commercial transactions as they are expect to be more educatedÂ
(sophisticated) and therefore there are fewer protections on the Commercial real estate business
Which of the following statements is true regarding Ad Valorem taxation in North Carolina?
1. Real property is taxed according to its most recent sale price.
2. The Machinery Act requires reassessment tax purposes every 4 years.
3. Real property taxes and special assessments constitute an involuntary lien against property on JanuaryÂ
1st of the next year.
4. Tax rates are effective until the next revaluation year.
3. Real property taxes and special assessments constitute an involuntary lien against property on JanuaryÂ
1st of the text year
Explanation
Real property is taxed according to its assessed value, not sale price. The Machinery Act requires thatÂ
properties be assessed at least once every 8 years (octennial appraisal). Tax rates can be changed everyÂ
year and not set by the Machinery Act, rather by budget of the municipality.
John recently retired and moved to a coastal community located in North Carolina. He decided to seekÂ
opportunities to supplement his retirement income by responding to an advertisement to become aÂ
timeshare salesman. John is told by the developer no license is required to sell a timeshare as he will beÂ
paid a flat fee for each timeshare sold is the developer correct?
1. No. In order to sell time shares an individual will need to obtain a timeshare sales license.
2. No. In order to sell timeshares an individual will need to obtain a North Carolina real estate license.
3. Yes. So long as an individual is not paid a percentage-based commission there is no requirement toÂ
obtain a time share salesman license.
4. Yes. Timeshare sales fall under vacation property sales and therefore are exempt from the typicalÂ
licensing requirements.
2. No. In order to sell timeshares an individual will need to obtain a North Carolina real estate license.
Explanation
The license triggering event is earning compensation on behalf of another. John will require an active realÂ
estate license in order to earn compensation from the sale of timeshare properties.
Which of the following statements regarding real estate sales contract is true?
1. A provisional broker acting as the seller's agent is required to safeguard an option money check untilÂ
effective and they must deliver it directly to the seller.
2. An agent representing a buyer must submit an offer to purchase to the seller or sellers agentÂ
immediately or no later than 7 days.
3. When earnest money is paid with an effective contract it must be deposited within 5 banking days ofÂ
receipt.
4. A broker is not permitted to accept an earnest money deposit if it is tender in cash.
1. Option fee and due diligence fee checks are made payable to the seller and delivered once the contractÂ
becomes effective. Offers and contracts must be delivered within five days. Earnest money must beÂ
deposited the later of three banking days from the effective date of the contract or receipt. While it is notÂ
recommended that a broker accept cash, it is permitted. When cash is tendered for earnest money or dueÂ
diligence, it must be deposited immediately but no later than three banking days.
Explanation
Option fee and due diligence fee checks are made payable to the seller and delivered once the contractÂ
becomes effective. Offers and contracts mut be delivered within 5 days. Earnest money must be depositedÂ
the later of 3 banking days from the effective date of the contract or receipt. While it is not recommendedÂ
that a broker accept cash, it is permitted. When cash is tendered for earnest money r due diligence, it mustÂ
be deposited immediately but no later than 3 banking days.