A home warranty offers protection to the buyer of a previously owned home for which of the following?

failure of a major mechanical system or appliance

losses attributable to poor construction

damage caused by hail, wind, or other storms

failure of a major mechanical system or appliance

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?

No, because it was a fixture in the house.

Yes, because it was the sellers' personal property.

Yes, because it was not referenced in the contract.

PSI National Real Estate License Exam Prep

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Question 1

A tenant leases a heated apartment, but the landlord fails to provide heat because of a defective heating unit. The tenant then vacates and refuses to pay the rent. This example best describes

Your Answer: Option(s)

Correct Answer: Option(s) D

Rationale

Constructive eviction.

In this scenario, the tenant has vacated the apartment due to the landlord's failure to provide essential services, specifically heat, which constitutes a constructive eviction. This legal concept occurs when a landlord's actions—or lack thereof—render the rental property uninhabitable, effectively forcing the tenant to leave without formal eviction proceedings.

A) Actual eviction
Actual eviction refers to a formal legal process where a landlord removes a tenant from the property, typically through court intervention. In this case, the tenant left voluntarily due to the landlord's failure to provide heat, rather than being forcibly evicted, making actual eviction an incorrect choice.

B) Abandonment
Abandonment occurs when a tenant leaves the property without intent to return and without any indication of further obligations. While the tenant did vacate the apartment, the key factor in this scenario is the landlord's failure to provide heat, which led to the tenant's departure. Therefore, this situation does not fit the definition of abandonment.

C) Ejectment
Ejectment is a legal action taken by a property owner to remove someone who is unlawfully occupying their property. In this example, the tenant vacated due to the landlord's failure to fulfill their obligations, rather than being unlawfully occupying the space. Thus, ejectment is not applicable here.

Conclusion
The situation described is a clear case of constructive eviction, where the landlord's failure to provide heat made the apartment uninhabitable, prompting the tenant to leave. This legal concept protects tenants from having to continue paying rent when their living conditions are compromised by the landlord's neglect. Understanding this distinction is crucial for both tenants and landlords regarding their rights and responsibilities in lease agreements.

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Constructive eviction.

Improvements installed on leased premises by tenants to enable or enhance the tenants' practice of their profession are called trade fixtures.

Failure of a major mechanical system or appliance.

No, because it was a fixture in the house.

Personal property is distinguished from real estate because personal property is movable.

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Constructive eviction.

Improvements installed on leased premises by tenants to enable or enhance the tenants' practice of their profession are called trade fixtures.

Failure of a major mechanical system or appliance.

No, because it was a fixture in the house.

Personal property is distinguished from real estate because personal property is movable.

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