Shared Flashcard Set

Details

Chapter 5
R.E. Brokerage Activities and Procedures
44
Real Estate & Planning
Undergraduate 1
11/05/2020

Additional Real Estate & Planning Flashcards

 


 

Cards

Term
Temporary Shelter
Definition
in a subdivision being sold by a broker is not a branch office if the shelter is intended only for the protection of customers and sales associates.
Term
Office Signs must consist of:
Definition
  • Trade Name
  • Broker's Name
  • The words "Licensed Real Estate Broker" or Lic. Real estate broker. 
Term
Blind Advertisements
Definition
Advertisements that fail to disclose the license name of the brokerage firm.
Term
Misdemeanor of the second degree
Definition
False advertising is what kind of fine:
Term
Telephone Solicitation
Definition
The initiation of a telephone call for the purpose of encouraging the purchase of, or investment in, property, goods, or services.
Term
$16,000
Definition
Violators of the federal law may be fined up to _______ for each illegal call.
Term
CAN-SPAM Act
Definition
a federal law that sets national standards for commercial emails.
Term
Deposit
Definition
A sum of money, or equivalent, delivered to a real estate licensee.
Term
Earnest Money
Definition
A payment, or partial payment in connection with a RE transaction.
Term
Escrow Account
Definition
Is an account for the deposit of money a disinterested third party holds in trust for other.
Term
Florida-Based Title Company
Definition
A broker who does not want the responsibility and liability of maintaining escrow accounts may choose to have a _______.
Term
The next business day
Definition
Sales/Broker associates who receive a bind deposit from a buyer or rental deposit must deliver it to the broker employer ________.
Term
3 Days
Definition
A broker must place funds in escrow account ______ from when received from sales associate.
Term
Interest Bearing Escrow Accounts / Written Permission
Definition
The broker must get ____________ from all parties before placing funds into _______ account.
Term
Commingle
Definition
Mixing a buyers, sellers, tenants, or landlords funds with the brokers own money.
Term
Conversion
Definition
Unauthorized control or use of another person's personal property.
Term

The Title Company's Name

Address

Telephone Number

Definition
Real Estate licensee who prepared or presented the sale contract must indicate on the purchase and sale agreement _______, ______, ________.
Term
Conflicting Demands
Definition
Occur when the buyer and the seller make demands regarding the disbursing of escrowed property that are inconsistent and cannot be resolved.
Term
  1. Mediation
  2. Arbitration 
  3. Litigation 
  4. Escrow Disbursement Order (EDO)
Definition
Settlement Procedures include what 4:
Term
Mediation
Definition
An informal, non adversarial process intended to reach a negotiated settlement.
Term
Arbitration
Definition
A process whereby, with the prior written consent of all parties to the dispute, the matter is submitted to a disinterested third party.
Term
Litigation
Definition
If disputing parties cannot agree, a disputing party may file a law suit so that the matter can be resolved in a court of law.
Term
  1. Brokers who are entrust with an earnest money deposit concerning a residential sale contract used by HUD.
  2. A buyer of a residential condo unit timely delivers to a licensee written notice of the buyer's intent to cancel the contract.
  3. A buyer of real property in good faith to satisfy the terms specified in the financing clause of a contract for sale and purchase.
Definition
Exception to Notice and Settlement Procedures.
Term
Good-Faith Doubt
Definition
A broker's uncertainty as to which party should receive the escrowed property.
Term
Misdemeanor of the first degree / Fine up to $1000 and/or imprisonment of one year / subject of suspension or revocation.
Definition
Any person who violates advertising rental property information or lists that are not current or materially inaccurate are subject to what fines ?
Term
Antitrust Laws
Definition
protect competition
Term
Price-Fixing
Definition
Occurs when competing brokers conspire to establish a standard commission rate rather than letting the rate than letting the rate be set by the open market.
Term
Market Allocation
Definition
Occurs when brokers agree to split up competitive market areas among themselves and not compete in each other's areas.
Term
Residential Real property
Definition
A broker may place a lien on ____________ for nonpayment of commission only if the broker is expressly authorized to do so in the listing agreement, the buyer representation agreement, or the sale contract.
Term
Kickback
Definition
is an unearned fee paid to a licensee associated with a real estate transaction for non real estate services.
Term
Sole Proprietorship
Definition
is a business owned by an individual.
Term
General Partnership
Definition
Is an association of two or more persons for the purpose of jointly conducting a business.
Term
General Partnerships requirements are:
Definition
-Atleast one partner must be licensed as an active broker.
-Partners who will deal with public and services must be active brokers.
-Sales assoc. and broker assoc. may not be general partners in brokerage partnerships.
Term
Within 14 calendar days.
Definition
If the partnership has only one active broker and that broker dies, resigns, or is removed from office, the broker of the record must be replaced within _______ days.
Term
Automatic cancellation / involuntary inactive.
Definition
Failure to timely appoint another active broker will result in the _____ _____ of the partnership registration, and the licenses of all people associated with the partnership will become _______ _______.
Term
Limited Partnership
Definition
Created by a written instrument filed with the Florida Dept. of State.
Term
Ostensible Partnership
Definition
is not intentionally created. Considered fraudulent and deceitful.
Term
Corporation
Definition
Is an artificial person or legal entity created by law and consists of one or more persons.
Term
Corporation Sole
Definition
Is an ecclesiastical or church organization.
Term
Joint Venture
Definition
temporary form of business arrangement often encountered in the real estate business. When two or more parties combine their efforts to complete a single business transaction.
Term
Cooperative association
Definition
is permitted to conduct commercial business and to convey, sell, or buy it's own property, but it cannot be registered as a real estate broker.
Term
Unincorporated associations
Definition
Generally recognized as groups of people associated for some noncommercial common purpose.
Term
Trade Name
Definition
Business name other than the legal name of a person or a business entity.
Term
Personal Assistants
Definition
Hired by licensees to perform administrative tasks associated with real estate transactions. They may help with routine office activities, such as mass mailings, writing ads, and preparing market analyses. They cannot be paid commission or compensation.
Supporting users have an ad free experience!