Free Taiwan Real Estate Broker Exam Practice Questions
8 sample questions · 4 Parts · answers & explanations
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A owns three cars A, B, C and sells them to B for a total of NT$500,000. A then gifts and assigns the claim against B to C. After B pays NT$500,000 in cash to C, A delivers the three cars to B and transfers ownership. How many juristic acts exist among A, B and C?
Why: Under the principle of separation between obligation and real-right acts: (1) the sales contract between A and B (one obligation act); (2) the gift contract assigning the claim from A to C (one obligation act); (3) the actual assignment of the claim (one quasi-real-right act); (4) B's transfer of cash ownership to C (one real-right act); (5) A's transfer of ownership of cars A, B and C (three separate real-right acts, one per vehicle). Total: 7 juristic acts.
On the morning of May 1, Chairman A of Company X instructs his assistant B to send a letter to C offering to buy C's factory for NT$100 million. B mails the letter on May 2 morning; it reaches C on May 4. A dies of a heart attack on the evening of May 2. C replies on May 6 accepting the offer, addressed to Company X. Is the sales contract formed?
Why: The offeror is Company X (a juristic person); A acted as its representative, so the offer is attributed to the company itself. Under Article 95(2) of the Civil Code, an expression of intent, once dispatched, is not invalidated by the subsequent death or loss of capacity of the declarant. Moreover, since the offeror is the company, A's personal death has no effect on the validity of the company's offer. C's acceptance on May 6 forms the contract.
A convenience store needs to lease two adjacent shop units; after knocking them through and combining them, the total floor area meets the company's needs. The rental value formed for the purpose of this combined use, expressed in monetary terms, is called:
Why: Under Article 2 of the Real Estate Appraisal Technical Regulations, limited rent (the rental counterpart of limited price) arises from a specific relationship between the subject property and another property, such as merger, partition, or adjoining use. Two adjacent shops being combined is a classic merger-use case, so the answer is limited rent. Normal rent reflects ordinary market supply and demand; special rent corresponds to special price (for properties with no market); there is no formal category called 'combined rent.'
Which of the following is NOT included when estimating the total expenses of a subject property?
Why: Under Article 32 of the Real Estate Appraisal Technical Regulations, total expenses under the income approach generally include depreciation reserves, maintenance, management, taxes (land value tax, building tax), ground rent, insurance, and vacancy/collection-loss reserves. Loan interest is a financing cost of the owner, not an operating necessity, and must not be included; the capitalization rate already reflects required returns to capital, so including loan interest would double-count.
Regarding registration of changes to land rights, which statement is correct?
Why: Under Article 73 of the Land Act, the fine for late registration is calculated based on the registration fee, and the maximum may not exceed twenty times that fee. An heir may file on behalf of all heirs; inheritance registration must be filed within six months (not two); and the fine is one times the fee per month of delay (not twice). Therefore A, B, and C are incorrect.
Which of the following is NOT land that the Land Act prohibits from being held in private ownership?
Why: Article 14 of the Land Act lists categories of land that may not be privately owned, including coastal land within a certain limit, naturally formed lakes, navigable waterways, key urban traffic routes, waterfall land, mineral spring land, scenic and historic sites, and graveyards. National park land is not included in this prohibition; private land may exist within national parks but is subject to the National Park Act's use controls. Therefore C is correct.
Regarding advertising and sales by real estate brokerage firms under the Real Estate Broking Management Act, which statement is correct?
Why: Under Article 21 of the Real Estate Broking Management Act, advertising copy must be signed by a broker designated by the brokerage; Article 29 imposes fines of NT$60,000–300,000 for violations. The commission agreement is with the principal (not the buyer); false advertising triggers damages liability, not loss-compensation; failure to state the brokerage name carries the same NT$60,000–300,000 fine.
In which situation may an injured party request compensation from the National Federation of Real Estate Agency Associations?
Why: Under Article 26 of the Real Estate Broking Management Act, when brokerage personnel cause harm intentionally or negligently, the brokerage is liable, and the injured party may claim against the operating guaranty deposit; if insufficient, the National Federation pays the shortfall. Non-attributable causes carry no liability, and the Federation owes nothing for acts by unlicensed operators.
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