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Exam (elaborations)

NC 302 Post Licensing Exam Study Guide

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  • NC Post-Licensing

NC 302 Post Licensing Exam Study Guide Classifying contracts: Express & Implied - Answer️️ -Express: Bilateral, executed Intentions stated (orally or written) Implied: Unilateral, executory Inferred from conduct or actions Classifying contracts: Bilateral & Unilateral - Answer️️ -Bil...

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  • August 28, 2024
  • 51
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • NC Post-Licensing
  • NC Post-Licensing
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©SOPHIABENNET@2024/2025 Monday, August 19, 2024 10:32 PM

NC 302 Post Licensing Exam Study Guide

Classifying contracts:

Express & Implied - Answer✔️✔️-Express: Bilateral, executed

Intentions stated (orally or written)



Implied: Unilateral, executory

Inferred from conduct or actions

Classifying contracts:

Bilateral & Unilateral - Answer✔️✔️-Bilateral - two promises (both parties
bound to do something)



Unilateral - Only one party is bound

Classifying Contracts:

Executed & Executory - Answer✔️✔️-Executed - All tasks performed (After
closing)



Executory - tasks remaining to be done (before closing)

Statute of Frauds - Answer✔️✔️-Everything needs to be in writing

DREAM OILS (Statute of Frauds) - Answer✔️✔️-Deeds


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Restrictive covenants

Easements

Assignments

Mortgages

Options

Installment Land Contracts

Leases - longer than 3 years

Sales Contracts

Offer & Acceptance - Answer✔️✔️-Seller (OfferEE) & Buyer (OfferOR) --
ORs GIVE, EEs RECEIVE

OfferOR may revoke or withdraw the offer anytime prior to acceptance

OfferEE can accept, reject or counter -- and when they counter, they are
now the offerEE

This counter offer VOIDS original offer

All offers must be communicated

Deliver all offers immediately but never later than 3 days

Retention of Records 58A.108 - Answer✔️✔️-A broker must provide copies
of transaction documents:

- To the Firm or Sole Proprietorship (BIC) with which they are affiliated

- Within 3 days


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- Keep records for 3 years after

Closing

Termination of Agency

Disbursement of Trust Monies

WHICHEVER OCCURS LAST

Brokers and BIC are responsible for keeping records in a transaction

These are CALENDAR days, not business days

You don't count the day it was executed/received (if received Tuesday,
have to upload by Friday)

Buyer's Rights w/ an offer - Answer✔️✔️-A buyer has the absolute right of
withdraw/revoke

Even if offer stated it would be held open longer

The withdraw must be communicated to the other party and/or their agent

An offer is terminated any time: - Answer✔️✔️-Counter offer

Rejection by the offeree

Revocation by the offeror

Destruction of the property (Think hurricane)

Death or insanity of the offeror




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, ©SOPHIABENNET@2024/2025 Monday, August 19, 2024 10:32 PM

Agent Guidelines w/ offers - Answer✔️✔️-A listing broker or agent is
required to respond in writing that an offer was submitted if the
cooperating broker who submitted the offer so requests

The listing broker or agent must respond in the affirmative unless the seller
has provided written notification waiving the obligation to have the offer
presented

Agent has to present all offers all the way throughout the contract, up to
closing

Creation of a counter offer - Answer✔️✔️-Any change in an offer, no matter
how small creates a counter offer

Counter offer must be accepted and communicated to the other party to
create a contract

Proper use of From 340-T: NCAR Response to Buyer's Offer

A valid contract is formed when a contract is signed, delivered and
communicated - Answer✔️✔️-"Communicating an offer or an acceptance to
a principal's agent is the same as communicating directly to the principal"

Beware Dual Agency is Communication is IMMEDIATE - Answer✔️✔️-
When a dual agent has been informed that the seller has accepted an offer
is already considered communicated to the buyer

Methods of communicating acceptance: - Answer✔️✔️-Oral

Personal delivery




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