solution

Question 1

When buyers move into their new house, they see that the ceiling fan in the dining room is gone and bare wires are hanging from the hole. The ceiling fan was NOT mentioned in the offer to purchase. Did the sellers have the right to take the ceiling fan?

A – No, because it was a fixture in the house.

B – No, because it was chattel.

C – Yes, because it was the sellers’ personal property,.

D – Yes, because it was not referenced in the contract.

Question 2

A seller is unhappy with the effort being put forth by the listing broker and wishes to terminate the listing and relist the property with a different broker. How shall the second broker advise the seller?

A – Tell the seller to send certified notice to the listing broker terminating their relationship. A listing is a unilateral contract which may be terminated at any time by the principal.

B – Tell the seller to ask the listing broker to agree to terminate the listing. Agency is a bilateral relationship which may be terminated by mutual agreement of the parties.

C – Advise the seller to record a notice of termination at the registrar of deeds, thereby severing all connections with the listing broker and permitting the seller lo enter into a new listing agreement.

D – The seller may withdraw the listing from the local MLS and enter into a listing agreement with a new broker at anytime, as a listing is a service contract and may be terminated whenever the service being rendered is unsatisfactory.