15 free questions from the Cinna RE disclosures bank (104 in the app). Tap an answer to check it. The rationale opens right away.
A buyer purchases land not knowing it was previously used for chemical dumping. Which CERCLA defense might protect this buyer from cleanup liability?
Answer: B. The innocent landowner defense
CERCLA's innocent landowner defense can shield a buyer who, after appropriate inquiry (due diligence), neither knew nor had reason to know of the contamination at the time of purchase.
The acronym CERCLA, the federal law governing cleanup of hazardous waste sites, stands for the:
Answer: B. Comprehensive Environmental Response, Compensation, and Liability Act
CERCLA is the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, commonly known as Superfund.
Which environmental hazard is most associated with formaldehyde off-gassing from pressed-wood products and certain older insulation?
Answer: A. Urea-formaldehyde foam insulation (UFFI)
Urea-formaldehyde foam insulation (UFFI) and some pressed-wood products can release formaldehyde gas, an indoor air-quality concern.
The EPA's recommended action level at which homeowners should take steps to reduce indoor radon is:
Answer: C. 4.0 pCi/L
The EPA recommends remediation (radon mitigation) when indoor radon levels reach or exceed 4.0 picocuries per liter (pCi/L) of air.
The most common and cost-effective method of reducing high radon levels in an existing home is:
Answer: B. Installing a sub-slab depressurization (active soil ventilation) system
Sub-slab depressurization uses a vent pipe and fan to draw radon from beneath the foundation and exhaust it outside, the most common radon mitigation technique.
A licensee shows a 1965 home and notices peeling, chipping paint on the windowsills. The licensee's best course of action is to:
Answer: C. Ensure the required lead-based paint disclosures and pamphlet are provided to buyers
For pre-1978 housing, the licensee must ensure proper lead-based paint disclosures, the EPA pamphlet, and the inspection opportunity are provided; concealing or downplaying hazards is improper.
Which of the following would most likely require disclosure as a material physical defect rather than a stigma?
Answer: C. A cracked and leaking foundation
A cracked, leaking foundation is a tangible material defect affecting value and habitability, unlike psychological stigmas.
An exaggerated, non-factual sales opinion such as 'this is the best home in town' is known as:
Answer: B. Puffing
Puffing is non-factual sales opinion or exaggeration that a reasonable buyer would not rely on as a statement of fact.
Deliberately hiding a known material defect, such as painting over a large water stain, is an example of:
Answer: B. Fraudulent concealment
Actively concealing a known material defect constitutes fraudulent concealment, which is actionable even under caveat emptor regimes.
A misrepresentation that is made by an agent who should have known the statement was false, but did not deliberately lie, is best described as:
Answer: B. Negligent misrepresentation
Negligent misrepresentation occurs when a false statement is made carelessly without reasonable grounds to believe it true, even absent intent to deceive.
The federal Lead-Based Paint Disclosure requirement applies to residential dwellings built before which year?
Answer: C. 1978
Title X (the Residential Lead-Based Paint Hazard Reduction Act) requires lead-based paint disclosure for housing constructed before 1978, the year residential lead-based paint was banned.
Which federal pamphlet must be provided to buyers and tenants of pre-1978 housing under the Lead-Based Paint Disclosure rule?
Answer: A. Protect Your Family From Lead in Your Home
Federal law requires distribution of the EPA/HUD pamphlet 'Protect Your Family From Lead in Your Home' to purchasers and renters of pre-1978 residential housing.
A seller's disclosure says the basement 'has never leaked.' The listing agent saw water stains and a dehumidifier during the walkthrough. The agent should:
Answer: B. Disclose the observed red flags to buyers and recommend an inspection
Agents must disclose material facts they OBSERVE, even when they contradict the seller. Concealment (or staging away evidence) is fraud. Disclose, recommend an expert, document.
Under the federal lead disclosure rule, a real estate agent involved in the transaction is primarily responsible for:
Answer: B. Ensuring the seller complies with the disclosure requirements and informing the seller of obligations
The agent must ensure the seller is aware of and complies with lead-disclosure obligations; the agent is not required to test, abate, or guarantee a lead-free property.
Which federal pamphlet must a seller or landlord provide to buyers or tenants of pre-1978 housing under the lead disclosure rule?
Answer: A. Protect Your Family From Lead in Your Home
The EPA/HUD pamphlet 'Protect Your Family From Lead in Your Home' must be delivered to purchasers and lessees of pre-1978 target housing.
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