New Jersey Real Estate License Exam
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Question 1 of 5.
The Multiple Listing Service (MLS) board members decided that brokerages could only list properties within districts where they maintained offices. This action violates what Real Estate Law?
A. Civil Rights Act
B. Diversity Jurisdiction
C. Sherman Anti-trust Act
D. Housing and Community Development Act of 1974
Explanation: the Sherman Antitrust Act. By dividing a city into districts and restricting brokerages from listing properties outside their own district, the MLS board has engaged in market allocation, a clear violation of antitrust law. The Sherman Antitrust Act prohibits practices that unreasonably restrain trade, such as price-fixing, boycotts, and territorial divisions. This kind of restriction eliminates competition and harms consumers by reducing their choices of brokers. The Civil Rights Act deals with discrimination, not competition. Diversity jurisdiction is a procedural concept in federal courts, not real estate law. The Housing and Community Development Act of 1974 relates to housing programs and urban development, not antitrust issues. Therefore, the correct violation is under the Sherman Antitrust Act, which protects both businesses and consumers from unfair practices that stifle competition.
Question 2 of 5.
The purchase and sales agreement provides for release of earnest money to the seller after the buyer's property inspection. The seller requests the earnest money prior to the property inspection. The broker should
A. release the earnest money to the seller immediately.
B. notify the buyer of the broker's intention to release the earnest money to the seller.
C. release the earnest money on the buyer's verbal approval.
D. refuse to release the earnest money.
Explanation: refuse to release the earnest money. Earnest money deposits are placed in escrow to demonstrate the buyer's good faith and are protected under state and commission regulations. These funds are not the broker's property and cannot be disbursed in a way that contradicts the terms of the contract. If the purchase and sales agreement specifies that the release happens after the inspection, then that condition must be honored. If the broker were to release the money early, it would not only breach the contract but also expose the broker to disciplinary action, potential lawsuits, and loss of license. A buyer's verbal approval is not legally binding, and notifying the buyer of intent to release funds does not remove liability. The safest, legally compliant, and ethical action is to refuse the release until the agreed-upon condition is satisfied.
Question 3 of 5.
Salesperson P leaves the employ of Broker A. One of the listings at Broker A's firm has agreed to list with Salesperson P at the new firm. In this instance the listing file
A. can be taken to the new firm so there is no interruption of service to the client.
B. cannot be taken because it belongs to Broker A.
C. should be turned into the MLS.
D. should be given to the seller.
Explanation: the listing file cannot be taken because it belongs to Broker A. Under agency law and commission rules, a listing agreement is a contract between the client and the broker, not with the individual salesperson. When a salesperson moves to a new firm, the client may choose to terminate the existing listing and sign a new agreement with the new broker, but the salesperson cannot simply transfer the file. Doing so would violate fiduciary responsibilities, breach contractual rights of the broker, and could lead to penalties for misappropriation of client documents. While it may seem practical to take the file to avoid service interruption, the law protects the broker's ownership of that listing contract. The only lawful way for the client to move their listing is to formally terminate and re-list with the new brokerage.
Question 4 of 5.
When MUST a listing broker provide a copy of a fully executed written listing agreement to the owner?
A. Upon execution of the listing agreement by all parties
B. Within three days of execution of the listing agreement by registered mail, return-receipt-requested
C. Within five business days of execution of the listing agreement
D. At the time of presentation of a written offer
Explanation: the broker must provide the copy upon execution of the listing agreement by all parties. Real estate law emphasizes transparency and disclosure in contractual relationships. When an owner signs a listing agreement, they should immediately have a fully executed copy for their records. This protects the owner's rights, ensures they understand their obligations, and prevents disputes over contract terms. Waiting several days or tying the delivery to an offer presentation would undermine consumer protection. A listing agreement is the foundation of the brokerage relationship and should be delivered as soon as it becomes binding. Failing to provide it promptly can be seen as negligent, deceptive, or even unlawful depending on jurisdiction, leading to disciplinary action against the broker. Immediate delivery fosters trust, reduces liability, and aligns with industry best practices.
Question 5 of 5.
In advertisements of individual salespersons, which of the following is permitted?
A. Having the broker's name appear in smaller print than the salesperson's name in a newspaper ad.
B. Including reference to a home office.
C. Placing the real estate office sign on a personal residence.
D. Linking a personal real estate webpage to the salesperson's broker's website.
Explanation: linking a personal real estate webpage to the salesperson's broker's website. Advertising rules are strict in real estate because they aim to protect the public from misleading promotions and to maintain broker accountability. Any advertisement must make it clear which broker is responsible for the transaction. Allowing the broker's name to be smaller or hidden elevates the risk of misrepresentation. Similarly, referencing a home office or posting a sign on a personal residence may create consumer confusion and regulatory issues. By contrast, linking a personal page to the broker's website is acceptable because it maintains the broker's visibility, ensures regulatory compliance, and allows consumers to verify licensure and responsibility. This approach balances personal branding for the salesperson while preserving the broker's legal oversight obligations.