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Ownership practice questions

30 questions from the real estate salesperson (national) practice test.

Ownership practice test

10 questions, graded as you go, with the reason for every answer. No sign-up.

What this covers

Sample questions

A seller bolted a chandelier to the dining room ceiling years ago. The sales contract says nothing about it. At closing, the chandelier is generally treated as:

  1. A trade fixture the seller may remove
  2. Personal property the seller may remove
  3. A fixture that stays with the house
  4. An emblement that belongs to the seller
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C. A fixture that stays with the house

An item permanently attached to the building is a fixture and transfers with the real property unless the contract excludes it. It is not personal property once attached, and trade fixtures apply only to items a business tenant installs for its trade.

Reference: Fixtures; method of attachment test

Courts apply several tests to decide whether an item is a fixture. Which test is generally given the most weight?

  1. The purchase price of the item when it was new
  2. The intention of the person who attached the item
  3. The length of time the item has been in place
  4. The weight and physical size of the item
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B. The intention of the person who attached the item

The tests are method of attachment, adaptation to the property, relationship of the parties, intention and agreement, and the intention of the party who installed the item is generally treated as controlling. Cost, size and age are not legal tests of a fixture.

Reference: Legal tests of a fixture (intention, attachment, adaptation, agreement)

A tenant operating a bakery in leased space installs its own ovens and display cases. These items are:

  1. Fixtures that became the landlord's property when installed
  2. Emblements that pass with the land to the next occupant
  3. Appurtenances that transfer with title to the building
  4. Trade fixtures the tenant may remove before the lease ends
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D. Trade fixtures the tenant may remove before the lease ends

Items a commercial tenant installs to carry on its business are trade fixtures. They remain the tenant's personal property and may be removed on or before lease expiration, with the tenant repairing any damage. Ordinary fixtures, by contrast, belong to the real estate.

Reference: Trade fixtures

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