MTRES - Montana Real Estate Salesperson

Question 21: A seller agent in Bozeman lists a ranch and relays the seller's statements about the well and septic without independently checking them. Which statutory carve-out confirms that a Montana seller agent need not inspect the property or verify the seller's statements?

A mandatory independent inspection duty

A duty to warranty all statements

No duty to inspect or verify

A required third-party verification rule

Question 22: Beyond the price positions and the motivating factors, the dual-agency confidentiality list contains one open-ended category that lets a party protect virtually anything it chooses. Which item captures information that a party specifically designates as confidential to the dual agent?

Anything indicated confidential in writing

Any orally requested confidential matter

Any adverse material property fact

Any fact affecting the property's value

Question 23: A Big Sky broker holds contested earnest money after a deal falls through and wants to know the two proper ways to release the funds without risking liability for choosing a side. Which pair of options does Montana treat as the safe routes?

Coin flip or broker's own choice

Written mutual release or interpleader

Paying the seller or the listing agent

Immediate refund or a thirty-day hold

Question 24: Absent written consent, a dual agent may not reveal certain confidential information listed in a closed statutory set of four items. Which of the following is one of those specifically protected pieces of information that a dual agent must guard?

The seller will accept less

A known defect in the roof

The recorded legal description

The published listing price

Question 25: A Havre broker learns that two separate Montana statutes both require a written listing, one from the license law and one from general contract law. Which statute is the reason an oral listing leaves the broker unable to enforce a commission in court?

The relationship-disclosure statute

The unprofessional-conduct statute

The statute of frauds

The trust-account deposit statute

Question 26: A sale in Billings collapses and the buyer and seller each demand the earnest money the broker holds in trust. The broker is tempted to simply hand the funds to whichever party seems more deserving. What does Montana law say the broker may do?

Release it to the seller immediately

Keep it as a handling fee

Release it after thirty days automatically

Not unilaterally decide who gets it

Question 27: A responsible broker in Billings rarely reviews her salespersons' files and never checks how earnest money is handled, and one salesperson repeatedly mishandles deposits as a result. Under the unprofessional conduct grounds, what independent violation has the broker committed?

Failure to supervise

Commingling of client funds

Unauthorized practice of law

Failure to keep records

Question 28: A Helena dual agent learns during the deal that the home has a serious, undisclosed sewage backup problem, information that one party specifically wanted kept quiet. Despite any confidentiality considerations, what must the dual agent do about this adverse material fact?

Keep it confidential as instructed

Disclose it regardless of confidentiality

Disclose only with written consent

Withdraw from the transaction silently

Question 29: Montana's statute of frauds lists several agreements that are invalid unless they are written and subscribed by the party to be charged. Which of the following agreements does that statute specifically reach when a broker seeks to earn a real-estate commission?

A buyer's oral loan preapproval

A month-to-month rental tenancy

Employing a broker for commission

An open-house sign-in agreement

Question 30: A Miles City broker is clearing out old files and finds trust-account journals and ledgers from a sale that closed six years ago. The broker wonders whether these may now be shredded. What does Montana's retention rule require the broker to do?

Shred them now, six years suffices

Destroy them right after closing

Retain them permanently, never destroying

Keep them for the full eight years

Question 31: Montana statutorily defines a particular category of fact as one a broker or salesperson should recognize as significant enough to affect a person's decision to enter into a contract to buy or sell real property. Which term does this definition describe?

Latent structural defect

Material misrepresentation

Adverse material fact

Stigmatized property condition

Question 32: A salesperson in Helena receives a buyer's earnest money check but leaves it in her desk drawer for three weeks before turning it in, never placing it in a trust account. Which ground for unprofessional conduct does this delay represent?

Failing to deposit within a reasonable time

Commingling of client funds

Accepting an undisclosed profit

Failing to render an accounting

Question 33: Completing a sale in Whitefish, a licensee wants to add several custom clauses she drafts herself into a contract rather than filling the blanks on a Board-approved form. Why does Montana treat drafting such original contract language as improper for a licensee?

It voids the executed contract

It requires the seller's consent

It exceeds her advertising authority

It is practicing law

Question 34: A supervising broker opening a new office in Missoula wants to know what written framework the administrative rules expect her to maintain for guiding and overseeing her affiliated licensees. Which requirement does the supervision rule place on a supervising broker?

Filing policies with the department

Maintaining written office policies

Posting the policy in the lobby

Publishing policies in the newspaper

Question 35: Before a licensee may begin performing the acts of a buyer agent or a seller agent in Montana, the statute imposes a clear threshold requirement about documentation. What must the licensee obtain before ever acting in that specific agency capacity?

A written buyer or listing agreement

An oral agency understanding

A signed dual agency disclosure

Verbal consent from the principal

Question 36: A seller is transferring a residential home in Helena and asks which property disclosures Montana law specifically mandates for the dwelling itself. Which condition disclosure is the distinctly Montana state requirement, as opposed to a federal one, on residential real property transfers?

A lead-based paint disclosure

A property condition disclosure statement

A flood zone disclosure form

A radon disclosure

Question 37: A Montana broker receives an earnest-money check on a Thursday, and the following Monday is a holiday. A candidate must know whether the three-day deposit deadline is measured in calendar days or business days. How does the rule count the deposit deadline?

In calendar days, including weekends

In business days, not calendar days

In banking hours from receipt

In whichever period is shorter

Question 38: At a Kalispell kitchen table, a seller signs a listing agreement and the licensee quietly tucks every copy into her own folder to file later. Under Montana's documents rules, what must the licensee do for the person who just signed it?

Record the listing that day

Mail a copy within thirty days

Give the signer a copy

Keep all copies for safekeeping

Question 39: A newly licensed salesperson in Bozeman closes a deal and wants the seller to pay her commission directly at closing. Under Montana law governing the broker and salesperson relationship, from whom may a salesperson accept compensation for her work?

Any party to the transaction

Only the broker she works under

The seller who lists the property

The closing agent handling funds

Question 40: A newly licensed agent trained out of state assumes that every Montana home seller must complete a standardized residential property condition disclosure statement before selling. Reviewing Montana law carefully, which statement correctly describes the seller's obligation to complete such a form?

No such statutory form is required

The seller must complete one

Only new construction requires the form

The buyer completes it instead

MTRES Montana Real Estate Salesperson - Set 1 - Part 2