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Real Estate Licensing Virginia Real Estate Salesperson Exam Sample Questions (Q18-Q23):

NEW QUESTION # 18
In which of these cases should an agent disclose information about someone's HIV/AIDS status?

A. only when a buyer client insists on knowing this information
B. only if the seller or tenant's status has caused the property to be stigmatized
C. only if the seller has previously made their HIV or AIDS status public
D. Agents should never disclose or inquire about someone's HIV/AIDS status.

Answer: D

Explanation:
U. S. Fair Housing Act, 42 U.S.C. §3601 et seq.
Virginia Real Estate Board CE Curriculum - Fair Housing
Explanation:
Under Virginia Fair Housing Law (and federal law under the Fair Housing Amendments Act of 1988), individuals with HIV/AIDS are protected as having a disability.
Licensees must not inquire about or disclose a client's HIV/AIDS status.
Doing so would constitute discrimination and a violation of fair housing law.
Even if a buyer requests this information, agents must not disclose it.
Other options are illegal and unethical.
Reference:
Virginia Code Title 36, Chapter 5.1 - Fair Housing Law

NEW QUESTION # 19
The creation of express agency is best handled via a(n):

A. listing agreement or ratified actions
B. oral agreement or ratified actions
C. listing agreement or buyer representation agreement
D. oral agreement or buyer representation agreement

Answer: C

Explanation:
Express agency is created through a clear written or oral agreement.
In real estate, the best practice (and Virginia requirement for enforceability) is through:
Listing agreement (seller representation)
Buyer representation agreement (buyer representation)
Other options:
(A) Oral agreements possible but not best practice in Virginia.
(B) Ratified actions = implied agency, not express.
(C) Listing agreement alone covers only seller side.
Reference:
Code of Virginia §54.1-2137 & §54.1-2138 (Agency agreements in writing) Virginia Real Estate Board Regulations - Agency Disclosure

NEW QUESTION # 20
What rights govern the use of flowing water, such as rivers or streams?

A. littoral rights
B. percolating rights
C. riparian rights
D. appropriative rights

Answer: C

Explanation:
Riparian rights apply to landowners whose property borders flowing water such as rivers or streams. Owners have reasonable rights to use the water, provided it doesn't harm upstream/downstream users.
Other options:
(B) Percolating rights - apply to underground water.
(C) Appropriative rights - water rights granted by permit (common in western states, not Virginia).
(D) Littoral rights - apply to non-flowing waters (lakes, oceans, seas).
Reference:
Virginia Real Estate Principles & Practices - Water Rights Section
Code of Virginia, Title 62.1 (Waters of the State, Ports and Harbors)

NEW QUESTION # 21
In Virginia, the grantor tax rate is currently $0.50 per $500 of the sales price. How much would the taxes be on a $756,000 home purchase?

A. $15,120
B. $7,560
C. $1,512
D. $756

Answer: D

Explanation:

Reference (Virginia Real Estate):
Virginia Code § 58.1-802 (Grantor's tax)
Virginia Real Estate Principles - Transfer taxes section

NEW QUESTION # 22
Mindy experienced a foreclosure process that included being named as a defendant in a lawsuit by her lender and seeing her home sold in a foreclosure sale. From that information, what can you guess about the category of foreclosure used and who holds the title to the property?

A. A nonjudicial foreclosure was necessary because a trustee holds the title.
B. A judicial foreclosure was necessary because Mindy holds the title.
C. A nonjudicial foreclosure was necessary because Mindy holds the title.
D. A judicial foreclosure was necessary because the lender holds the title.

Answer: B

Explanation:
In Virginia, foreclosures can generally fall into two categories: judicial foreclosure and nonjudicial foreclosure.
Judicial Foreclosure
This process occurs when the lender must file a lawsuit in court against the borrower (the homeowner).
The borrower is named as a defendant in the case.
Judicial foreclosure is required when the borrower (Mindy) holds legal title to the property. In this situation, the court oversees the process, and a foreclosure sale is ordered by the judge.
In the scenario given, Mindy was sued by her lender and named as a defendant. That is a hallmark sign of judicial foreclosure.
Nonjudicial Foreclosure
This process does not involve a lawsuit. Instead, it relies on a power of sale clause in the deed of trust.
In Virginia (a deed of trust state), a trustee typically holds legal title until the loan is repaid. If the borrower defaults, the trustee can sell the property without court involvement.
Because Mindy's case specifically involved a lawsuit and court action, this does not match a nonjudicial foreclosure.
Who Holds Title?
In a judicial foreclosure, the borrower (Mindy) holds legal title to the property until the court authorizes a sale.
The fact that the lender had to sue confirms that Mindy held the title, not the trustee.
Reference (without URLs):
Virginia Code § 55.1-3200 et seq. (Foreclosure laws in Virginia)
Real Estate Regulations (A490-02REGS.pdf) - sections on property rights and foreclosure process included under continuing education requirements Virginia Practice: Real Estate Principles and Practices - discussion of judicial vs. nonjudicial foreclosure distinctions in title-holding states versus deed-of-trust states.

NEW QUESTION # 23
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