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Details

Florida Real Estate
Ch 6 Complaints, Violations and Penalties
27
Real Estate & Planning
Not Applicable
12/05/2011

Additional Real Estate & Planning Flashcards

 


 

Cards

Term
Denial
Definition
Keeps applicant from becoming licensed.
Errors in app
failing licensing exam
Lack of character req by Ch 455 and 475
Assitance or Cheated on exam
Term
Letter of Reprimand
Definition
Letter that is placed in file for minor incidence of misconduct - Letter of guidance
Term
Notice of Noncompliance
Definition
Warning for a minor violation (initial only) allowing 15 days to correct minor infraction without consequence
Term
Citation
Definition
Concerns violations that are of no substantial threat to the public involving a fine that ranges from $100-$500
Term
Probation
Definition

Licensee continues to practice under guidance of FREC for a period time.

Default Timeperiod - 90 Days

Term
Fine
Definition
May be up to $5000 for each violation of Ch 455 and 475
Term
Suspension
Definition
Temporary - up to 10 years
5 years for filing false app or falsely stating ed is complete when it is not. $5000 minimum fine for obtaining by false, misrep or concealment.
Term
Revocation
Definition
Most severe by FREC and is permanent
Term
Breach
Definition
Breaking of promise or obligation
Term
Commingle
Definition
To mix the money or other personal property of a buyer or seller with a brokers own money or property.
Term
Concealment
Definition
Withholding of info or material fact
Term
Conversion
Definition
Use of earnest monies for personal use.
Licensees personal use or misuse of client monies.
Term
Cupable Negligence
Definition
Guilty of failing to use care a reasonable person would use
Term
Failure to Act and Deliver
Definition
Act of failing to pay money to a person entitled to receive it
Term
Fraud
Definition
Intentional deceit for the prupose of inducing another to rely on information to part with some valuable thing
Term
Misrepresentation
Definition
untrue statement of fact.
Term
Material fact
Definition
information that is relevant to a person making a decision that affects value
Term
Moral turpitude
Definition
conduct contrary to honesty, good morals, justice or accepted custom
Term
Chapter 120
Definition
Administrative Procedure Act
Agency rule making is governed by Chapter 120
Term
Chapter 455
Definition
Regulation of Professiona and Occupations
Term
Chapter 475
Definition
Florida Real Estate Law
Term
Chapter 61J
Definition
Florida Admistrative Code FAC for FREC
Term
Division of Real Estate (DRE)
Definition
Investigative Functions related to real estate.
Including verifying information proved by applicants as well as investigations of complaints against licensees.
Term
Complaint Process - Seven Steps
Definition
Complaint is files
Investigation of complaint
Probable Cause Determination
Formal Complaint is issued if PCD found
Informal Hearing or formal hearing conducted.
Final order issued
Judicial review (appeal) of the final order.
Term
Summary Suspension
Definition
Emergency Suspension order or final summary order.
Emergency or immeidate actions against a license to protect the public.
No hearing requried but DBPR initiates formal suspension or revocation proceeding within 20 days.
Term
Probable Cause Panel
Definition
Two current members or one current and one former member of the FREC who are appointed by chairperson.
Grand Jury of sorts.
To determine whether probable cause exists.
30 days to make decision after final investigative report.
Term
Stipulation
Definition
An agreement as to the facts of a case and the penalty reached between attorneys for the DRE and licensee.
Must be approved by FREC.
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