Special Topics (Texas) Practice Questions
Special topics has 5 scored items on the Texas state-law portion. It spans Texas-specific subjects such as community property, homestead protection and the homestead tax exemption, the Deceptive Trade Practices Act (DTPA), mechanic's and materialman's liens, the Veterans Land Board, and HOA issues. Work the questions below, then read every explanation.
Exam prep only
These questions cover the Texas-only material that does not fit the other state areas. The big distinctions are community versus separate property, homestead creditor protection versus the homestead tax exemption, and the consumer remedies under the DTPA.
Use the Texas-specific read. Identify the Texas concept the question names, then apply its rule. Confirm live exemption amounts and homestead details against current Texas law when applying outside exam practice.
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Special Topics (Texas) Practice Questions
15 scenario-based questions on special topics (texas), scored, each with a full explanation after you answer. Every question is also written out below if you would rather study at your own pace.
Every question explained
Prefer to study at your own pace? Here are all 15 questions. Read each one and pick your answer, then reveal the correct answer, the reasoning, and the trap that catches most candidates.
1. A married buyer purchases a Texas home with wages earned during the marriage. No separate-property facts are given. How is the home presumed to be classified?
- A.separate property of the spouse who earned more
- B.community property
- C.a joint tenancy with right of survivorship by default
- D.owned by the state until probate
Show answer and explanation
Correct answer: B. community property
Why B is correct: Property possessed by either spouse during or at dissolution of marriage is presumed community property. Overcoming that presumption requires clear and convincing evidence. The name on a deed does not replace the classification analysis.
Trap: Start with when and how the property was acquired, not whose name appears on the deed.
Source: Texas Family Code §§3.002, 3.003
2. Which statement correctly separates Texas homestead creditor protection from a residence homestead tax exemption?
- A.Both rules simply reduce the owner's taxable value
- B.Creditor protection limits forced sale, while a tax exemption reduces taxable value
- C.Creditor protection applies only after an appraisal protest
- D.A tax exemption prevents every lien from attaching
Show answer and explanation
Correct answer: B. Creditor protection limits forced sale, while a tax exemption reduces taxable value
Why B is correct: Article XVI, Section 50 limits forced sale of a homestead except for constitutionally permitted debts. Tax Code Section 11.13 separately reduces taxable value for a qualifying residence homestead. An appraisal limitation is a third rule, not another name for either one.
Trap: The shared word homestead does not make creditor protection, exemptions, and appraisal limits interchangeable.
Source: Texas Constitution art. XVI, §50; Texas Tax Code §11.13
3. A license holder knew about recurring structural movement and intentionally withheld it so a buyer would proceed. Which DTPA provision most directly fits those facts?
- A.the professional-services exemption with no exceptions
- B.failure to disclose known information intended to induce the transaction
- C.the rule requiring every consumer loss to receive automatic treble damages
- D.the Statute of Frauds
Show answer and explanation
Correct answer: B. failure to disclose known information intended to induce the transaction
Why B is correct: Section 17.46(b)(24) addresses known information withheld with intent to induce a consumer into a transaction the consumer would not otherwise have entered. The broker and sales-agent exemption in Section 17.49(i) expressly does not cover that conduct.
Trap: A real estate license is not blanket DTPA immunity.
Source: Texas Bus. & Com. Code §§17.46(b)(24), 17.49(i)
4. A document offered as a Texas holographic will has no witness signatures. Which fact is decisive?
- A.Whether it is wholly in the testator's handwriting
- B.Whether a broker reviewed it
- C.Whether the estate contains real property
- D.Whether it was recorded with the county clerk before death
Show answer and explanation
Correct answer: A. Whether it is wholly in the testator's handwriting
Why A is correct: Section 251.052 provides that a will written wholly in the testator's handwriting is not required to be attested by subscribing witnesses. A standard attested will follows the writing, signature, and witness requirements in Section 251.051.
Trap: Do not apply the two-witness rule to a document that the facts identify as wholly handwritten by the testator.
Source: Texas Estates Code §§251.051, 251.052
5. A residential tenant surrenders the premises and gives the landlord a forwarding address. Absent a lawful reason to delay, when must the landlord refund the security deposit?
- A.within 10 days after the lease is signed
- B.within 30 days after the tenant surrenders the premises
- C.within 60 days after the landlord relists the property
- D.only after a replacement tenant moves in
Show answer and explanation
Correct answer: B. within 30 days after the tenant surrenders the premises
Why B is correct: Section 92.103 gives the landlord 30 days after surrender to refund the deposit. A tenant is not entitled to a refund or description of deductions until the tenant gives a forwarding address, but Section 92.107 says that omission does not forfeit the tenant's right.
Trap: The clock runs from surrender, not from a new tenant's move-in.
Source: Texas Property Code §§92.103, 92.107
6. For property used as the debtor's residence, which sequence correctly states the core Texas deed-of-trust foreclosure notices?
- A.21 days to cure, followed by 20 days' notice of sale
- B.at least 20 days to cure, followed by notice of sale at least 21 days before the sale
- C.one notice on the day of sale
- D.a 60-day DTPA notice followed by a judicial trial
Show answer and explanation
Correct answer: B. at least 20 days to cure, followed by notice of sale at least 21 days before the sale
Why B is correct: Section 51.002(d) provides at least 20 days to cure a default on a debtor's residence before notice of sale may be given. Section 51.002(b) requires notice of sale at least 21 days before the sale. These are different steps.
Trap: Do not swap the 20-day cure period with the 21-day sale-notice period.
Source: Texas Property Code §51.002(b), (d)
7. A buyer receives and accepts a deed, but the deed is not recorded. What is the best Texas exam answer?
- A.The deed is automatically void between the parties
- B.Recording is unnecessary in every later priority dispute
- C.The deed may be effective between the parties, but recording supplies constructive notice and affects later purchasers or creditors
- D.Title remains with the seller until the appraisal district updates its records
Show answer and explanation
Correct answer: C. The deed may be effective between the parties, but recording supplies constructive notice and affects later purchasers or creditors
Why C is correct: Section 13.002 makes a properly recorded instrument notice to all persons. Section 13.001 protects a later purchaser for value without notice against an earlier unrecorded conveyance. Recording is therefore a notice and priority mechanism, not the act that makes every deed valid between its original parties.
Trap: Unrecorded does not automatically mean void.
Source: Texas Property Code §§13.001, 13.002
8. Before work begins on a married couple's Texas homestead, what is generally required to support a mechanic's and materialman's lien for the improvements?
- A.an oral promise made after the work is finished
- B.a written contract signed by both spouses and filed as the statute requires
- C.approval from the appraisal district
- D.a deed from the contractor
Show answer and explanation
Correct answer: B. a written contract signed by both spouses and filed as the statute requires
Why B is correct: For a homestead, Section 53.254 requires a written contract executed before labor or materials are furnished, signed by the owner and the owner's spouse if married, and filed with the county clerk. The constitutional lien exception also requires the required written consent.
Trap: Homestead improvement liens demand formalities before the work starts.
Source: Texas Property Code §53.254; Texas Constitution art. XVI, §50(a)(5)
9. Which statement correctly describes the Texas Veterans Land Board?
- A.It is another name for the federal VA home-loan guaranty
- B.It is a Texas program with land, home, and home-improvement loan programs for eligible veterans
- C.It gives every veteran a free parcel of state land
- D.It sets statewide property-tax rates
Show answer and explanation
Correct answer: B. It is a Texas program with land, home, and home-improvement loan programs for eligible veterans
Why B is correct: The Veterans Land Board operates Texas veteran benefit programs under Natural Resources Code Chapter 161. It is separate from the federal VA guaranty. Program limits, rates, and application availability can change, so use the current GLO/VLB page for live terms.
Trap: VLB is Texas. VA loan guaranty is federal.
Source: Texas Natural Resources Code §§161.011, 161.501; Texas GLO/VLB program page
10. A buyer asks whether a recorded subdivision restriction is simply another zoning ordinance. What is the correct distinction?
- A.Both are private controls created by an association
- B.A restrictive covenant is a private land-use control; zoning is governmental
- C.Neither can affect residential use
- D.Every association rule overrides state law
Show answer and explanation
Correct answer: B. A restrictive covenant is a private land-use control; zoning is governmental
Why B is correct: Texas Property Code Chapter 202 governs restrictive covenants, which are private controls recorded against property. Zoning is adopted under governmental police power. A POA's authority remains subject to its governing documents and Texas law.
Trap: Private covenant and public zoning are different sources of land-use control.
Source: Texas Property Code §§202.001, 202.003
11. A buyer and seller sign an enforceable contract for a Texas home, but closing has not occurred. Which statement is most accurate?
- A.The buyer already holds the deed and legal title
- B.The buyer may hold an equitable contract interest, while the seller keeps legal title until deed delivery
- C.The buyer may occupy immediately regardless of the contract
- D.The seller may disregard the contract because it is still executory
Show answer and explanation
Correct answer: B. The buyer may hold an equitable contract interest, while the seller keeps legal title until deed delivery
Why B is correct: Texas equitable-conversion doctrine can recognize a buyer's equitable interest under an enforceable purchase contract. Legal title ordinarily remains with the seller until the deed is delivered. Possession, remedies, and priority still depend on the contract and governing law.
Trap: Equitable interest is not the deed, possession, or an automatic court remedy.
Source: Texas Bus. & Com. Code §26.01; TREC No. 20-19 ¶¶9, 11, 15
12. One spouse receives land as an inheritance during marriage. Unless later facts change its character, the land is
- A.community property because it arrived during marriage
- B.separate property of the inheriting spouse
- C.joint tenancy property by default
- D.property of the probate court
Show answer and explanation
Correct answer: B. separate property of the inheriting spouse
Why B is correct: Property acquired during marriage by gift, devise, or descent is separate property. The question tests the method of acquisition, not merely the date.
Trap: During marriage does not always mean community property.
Source: Texas Family Code §3.001(2)
13. A married owner holds title alone to the couple's Texas homestead and wants to sell it. What is the safest exam rule?
- A.The titled spouse may always convey alone
- B.The other spouse generally must join in the conveyance
- C.The appraisal district signs for the non-titled spouse
- D.Marriage removes all homestead protection
Show answer and explanation
Correct answer: B. The other spouse generally must join in the conveyance
Why B is correct: Family Code Section 5.001 provides that one spouse may not sell, convey, or encumber the homestead without the other spouse's joinder, except as otherwise provided by law. Homestead rights therefore cannot be answered from the deed name alone.
Trap: Title and marital-property classification do not erase the spouse-joinder rule.
Source: Texas Family Code §5.001
14. Before filing a DTPA suit seeking damages, a consumer generally must give the defendant
- A.written notice at least 60 days before filing
- B.oral notice on the filing date
- C.notice only after trial
- D.a county appraisal protest
Show answer and explanation
Correct answer: A. written notice at least 60 days before filing
Why A is correct: Section 17.505 generally requires written notice at least 60 days before filing a DTPA damages suit. The notice must describe the complaint and claimed damages and expenses in reasonable detail. The statute contains limited exceptions.
Trap: The 60-day figure is a pre-suit notice period, not the limitations period.
Source: Texas Bus. & Com. Code §17.505(a)-(b)
15. A landlord receives proper repair notice about a condition materially affecting an ordinary tenant's health or safety. What timing rule should an exam candidate recognize?
- A.Seven days is a rebuttable presumption of reasonable time
- B.The landlord always has exactly 30 days
- C.The tenant may immediately make any repair at any cost
- D.No repair duty can arise during a lease
Show answer and explanation
Correct answer: A. Seven days is a rebuttable presumption of reasonable time
Why A is correct: Section 92.056 creates a rebuttable presumption that seven days is a reasonable time to repair. The actual analysis also considers the nature and severity of the condition and the availability of labor, materials, and utilities.
Trap: Seven days is a rebuttable presumption, not an inflexible deadline for every condition.
Source: Texas Property Code §92.056(d)
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Get the full question bankFrequently asked questions
Is Texas a community-property state?+
Yes. Property acquired during marriage is generally community property owned by both spouses, while property owned before marriage or received by gift or inheritance is separate property. This affects how married persons take and convey title.
What is the difference between homestead protection and the homestead tax exemption?+
Homestead creditor protection shields a primary residence from forced sale by most creditors. The homestead tax exemption reduces the taxable value of the primary residence, lowering property tax. They share a name but do different things.
What is the DTPA?+
The Texas Deceptive Trade Practices Act gives consumers remedies for false, misleading, or deceptive acts and practices. License holders can face DTPA liability for misrepresentations made in a real estate transaction.