Shared Flashcard Set

Details

Florida Real Estate Course 2016
Real Estate Class Notes
127
Real Estate & Planning
Not Applicable
04/22/2016

Additional Real Estate & Planning Flashcards

 


 

Cards

Term
A Sales Associate may be employed by
Definition
Owner-Employer or Broker-Employer
Term
Compensation must come from wher for real estate services?
Definition
Broker-Employer or Owner Employer
Term
Owner-Investor
Definition
Holds property for the production of income and long-term benefits, such as appreciation, tax shelter, and income from the eventual sale of property.
Term
When a broker is acting as a single agent for others, the party employing the broker is called
Definition
Principal or Client
Term
A real estate license is issued by the _____
Definition
DBPR
Term
Licenses are issued for a period of up to how many years:
Definition
2
Term
Licenses expire on either
Definition
March 31 or September 30
Term
The effective date of an initial issue license is
Definition
The date of notification regarding passing state examination
Term
The effective date of a renewal issue license is **
Definition
The beginning of new license period
Term
The effective date of a re-issuae license is
Definition
The date received by dbpr
Term
A broker associate who desires to be inactive would request a(n)
Definition
inactive broker status
Term
An active broker may be issued ______________ licenses in more tan one capacity only if it is clearly shown that such additional licenses are necessary to the conduct of legitimate business.
Definition
Multiple
Term
A license is _________ after expiration or when revoked.
Definition
Void
Term
Rules and other quasi legislative matters may be conducted only by __________________ if tge FREC.
Definition
Quorum vote
Term
FREC rules do not become effective until they are filed with
Definition
The Secretary of State
Term
The ________ is used to authenticate the proceedings, records, and acts of the FREC.
Definition
Seal
Term
A voluntarily inactive licensee may remain in that status
Definition
Indefinitely
Term
An involuntarily inactive licensee may remain in that status for ______ years.
Definition
2
Term
Only a(n) __________ may obtain a multiple license.
Definition
Active Broker
Term
After initial reviewal lecensees must complete at least __ hours of FREC approved continuing education.
Definition
14
Term
When the license of an active brokerage corporation or an active brokerage partnership is suspended or revoked the
Definition
Licenses of all offices, directors, members or sales associates are automatically canceled until reinstated under a properly licensed business arrangement.
Term
The overall powers and duties of the FREC include
Definition
quasi-legislative powers, quasi-judicial powers and quasi- investigative powers
Term
A licensee may remain on a voluntary inactive status for how long?
Definition
Infefinitely
Term
Individuals who do not renew their licenses or who fail to complete the 14 hours of continuing education become
Definition
Involuntarily inactive
Term
The purpose of the Florida Real Estate Education and Research Foundation is to
Definition
Provide a vehicle for the funding of research and education projects that will benefit the real estate industry and the public.
Term
Licensees are issued for a license period of up to ___________
Definition
2 years
Term
The DBPR is not responsible for
Definition
Creating rules and regulations afffecting licenses real estate activities.
Term
Authorized brokerage relationships include
Definition
transaction broker, single agent and no brokerage
Term
A licensee employed to market one property is called a(n)
Definition
Special Agent
Term
A licensee employed to handle all of someone's real estate is called a(n)
Definition
General Agent
Term
The duties of a single agent are called ____________ duties.
Definition
Fiduciary
Term
The disclosure requirements of BRDA apply to all ______________ sales.
Definition
Residential
Term
A licensee offering limited representation to both parties in residential transactions is called a(n)_____________
Definition
Transaction Broker
Term
A licensee who becomes an agent to a seller or buyer is considered ________________
Definition
Single Agent
Term
A single agent may transition from a single agent to a transaction broker provided the principal consents to the change _______the change in relationship.
Definition
Before
Term
A transaction broker has limited confidentiality when representing both parties that includes not disclosing___________
Definition
Price, motivation, or terms.
Term
Designated sales associates may represent buyer and seller if each has assets of ___ or more and the buyer and seller make the request.
Definition
$1 Million
Term
When acting in a no brokerage capacity, licensees are required to provide the no brokerage relationship notice _________
Definition
To buyer or seller at first contact.
Term
Disclosure requirements apply to __________
Definition
Sale of improved or unimproved residential property of 4 or fewer units or the sale of agricultural property of 10 or fewer acres.
Term
A customer is the party who__________
Definition
The brokerage firm works with but not for.
Term
Designated Agency
Definition
When the real estate licensees are involved in a nonresidential transaction where both the buyer and seller are working with the same real estate licensee, the broker may allow different sales associates of the same firm to represent the buyer and the seller as single agents.
Term
A single agent relationship may be changed to a transaction broker relationship anytime during the relationship between an agent and principal provided the agent give___
Definition
The principal a transition disclosure form and the principal signs the form before a change in the relationship.
Term
A sales associate taking copies of listings to a new broker without the former broker’s permission is guilty of _________ or breach of trust.
Definition
Bad Trust
Term
A sales associate taking original listings to a new broker without the former broker’s permission is guilty of
Definition
Larceny
Term
A broker not using the registered name of the brokerage firm in advertising would be guilty of using a(n)
Definition
Blind Ad
Term
Collecting more than the agreed-upon commission is called a(n)__________or secret profit.
Definition
Overage
Term
A broker earns his or her commission by____________ and the amount of the commission is determined______________.
Definition
Performance
Agreement
Term
A broker must place funds in an escrow account within_____________.
Definition
3 days
Term
A broker must review and sign statements on a(n) _________________ bases when the broker maintains escrow accounts.
Definition
Monthly
Term
Escrow dispute procedures include___________
Definition
Edo, lawsuit, arbitration and mediation
Term
A broker must notify the FREC within______
of the last party’s demand when an escrow dispute occurs.
Definition
15 business days
Term
A temporary business relationship formed when 2 or more adult parties combine their efforts to complete a single business transaction or a predetermined definite number of transactions.
Definition
Joint Adventure
Term
Any name used by a person to transact business in Florida other than the person’s legal name.
Definition
Fictitious Name
Term
Consists of a bishop or other appropriate clerical personage designated to hold title to church property
Definition
Corporation Sole
Term
Formed when 2 or more adult persons engage in business together and agree (expressed or implied) to share the profits and losses of the business.
Definition
Partnership
Term
A sales associate and his or her former employer must notify the DBPR of the termination of the sales associate’s employment within_____days and on the appropriate form.
Definition
10
Term
Internet advertising, a brokerage firm's name must appear where?
Definition
Above, below or adjacent to the point-of-contact information.
Term
Conversion
Definition
Misuse or intermingling of, or failure to account for funds or property entrusted to any licensee for safekeeping.
Term
A violation of F.S. 475 is typically a(n)___________
Definition
Second Degree Misdemeanor
Term
A violation of F.S. 475 is typically punishable by a criminal fine not to exceed $__________ and imprisonment up to ____days
Definition
$500
60
Term
If an unlicensed person is operating in violation of Chapter 455 or 475, F. S., the DBPR may seek damages to a maximum of ___________
Definition
$5,000
Term
In addition to application denial or license revocation, the FREC can impose the following penalties: ___________________
Definition
Reprimand, temporary suspension, fine and probation.
Term
For a complaint to be investigated it must be___________________
Definition
Legally sufficient
Term
The maximum penalty that may be imposed by the FREC against licensees or applicants is __________________
Definition
application revocation or denial.
Term
The recommended penalty for temporary impairment caused by use of drugs or temporary mental derangement is
Definition
Temporary suspension for the period of the incapacity.
Term
Citations may be used if an offense poses no
Definition
substantial risk to the public health, safety, or welfare.
Term
A licensee has how many days from the date the citation becomes a final order to the the fine?
Definition
30
Term
An investigator is appointed by
Definition
DBPR
Term
Who pays into the Real Estate Recovery Fund?
Definition
Licensees
Term
The probable cause Panel consists of how many members of the FREC?
Definition
2
Term
The respondent has how many days to file an answer to an administrative complaint?
Definition
20
Term
The licensee is given at least how many days notice of a formal hearing?
Definition
14
Term
Each party is given at least how many days to file written exceptions to the recommended order following a formal hearing?
Definition
15
Term
Judicial review (appeal) is obtained from a final order by filing a petition for review with the ________________________ within _______ days of the final order.
Definition
District Court of Appeal
30
Term
To obtain financial reimbursement from the Real Estate Recovery Fund, the claimant must first be awarded a(n)
Definition
Judgement
Term
Recovery from the Real Estate Recovery Fund is limited to ___________________ for a single transaction and ______________ against a single licensee.
Definition
$50,000
$150,000
Term
Sales associates are subject to a fee of ______ per license year for the Real Estate Recovery Fund.
Definition
$1.50
Term
Brokers are subject to a fee of ____________ per license year for the Real Estate Recovery Fund.
Definition
$3.50
Term
Upon payment from the Real Estate Recovery Fund, the licensee involved must be placed on ____________
Definition
Temporary Probation
Term
If a broker was following an escrow disbursement order (EDO) and was sued in a civil action:
Definition
Damages against the broker can be reimbursed from the Real Estate Recovery Fund without jeaporday to their license.
Term
Which statement is true about the FREC Final Order Panel?
The Final Order Panel consists of all 7 FREC members. The Final Order Panel may increase the penalty or reject or modify the findings of fact in the recommended order without a review of the record. A final order must be rendered by the FREC within 10 days of receipt of the recommended order. The defendant may accept the final order or file an appeal.
Definition
Term
Offenses such as failure to maintain the required office sign or register a location as a branch office may result in a:_______________
Definition
citation.
Term
License suspensions can be as long as ________years
Definition
10 Years
Term
Investigation and probable cause are applications of the FREC’s:
Definition
Executive Powers
Term
Which is a first degree misdemeanor, punishable by a criminal fine of up to $1,000 and/or improsonment not to exceed one year?
Definition
Violation of rental
Term
Should the actions of a licensee create an immediate serious danger to the public welfare, the DBRP is empowered by Chapter 120 FS to
Definition
LOOK THIS UP
Term
Which statement is true about the FREC Final Order Panel?
Definition
The defendant may accept the final order or file an appeal.
Term
The Civil Rights Act of 1866 prohibits discrimination based on
Definition
Race
Term
Telling a prospect that dwellings are not available based on the prospect’s religion would result in a charge of
Definition
Steering or channeling
Term
A retirement community is exempt from certain provisions of the Fair Housing Amendments Act of 1988 if all the residents are age____ or older and at least one resident in 80% of the units is ____ or older
Definition
62
55
Term
occurs when a licensee induces owners to sell their property (with the intent of profiting from those sales) by saying the neighborhood is deteriorating or becoming transitional.
Definition
Blockbusting
Term
Real estate brokers must display a(n) __________ in all places of business.
Definition
Fair Housing Poster
Term
The Civil Rights Act of 1968 prohibits discrimination based on race and what four other factors:
Definition
Sex, Religion, Color and National Origin
Term
Two protected classes that were added to the Civil Rights Act of 1968 with amendments in 1988 are _______________ and _____________
Definition
Familial Status and Handicapped
Term
The landlord has __________ days to either return a security deposit or ______ days to notify the tenant of a claim.
Definition
15
30
Term
The landlord must notify the tenant within ______ days of the location and manner in which advance rents and security deposits are held.
Definition
30
Term
The tenant shall receive ____% of the interest payable on the account where security deposits and advance rents are kept, if any.
Definition
75%
Term
The landlord may commingle deposit money or advance rent that is intended to be held for longer than the next immediate rental period with other funds provided he or she posts a surety bond with the clerk of the circuit court in the amount of the total holdings or ____________ whichever is less.
Definition
$50,000
Term
The Interstate Land Sales Full Disclosure Act requires developers to file a ________ disclosing relevant information concerning real estate developments.
Definition
Registration Statement
Term
Familial Status does not include:
Definition
An adult with children over 18 years of age.
Term
The illegal practice of inducing panic selling in a neighborhood for financial gain.
Definition
Blockbusting
Term
The landlord of a triplex building (or larger) dwelling unit need not provide:
Definition
Cable
Term
The courts have termed the practice of lending institutions cutting funds to an area because of the integrated makeup of the community as:
Definition
Redlining
Term
The Fair Housing Act of 1968 does not prohibit discrimination in housing on the basis of:
Definition
Sexual Orientation
Term
_____________ property has physical form and is capable of being seen and touched, whereas ______________ property is merely a collection of rights or valuable assets.
Definition
Tangiable
Intangiable
Term
Ownership rights in real property are _________ estates; possession and use rights are ________________.
Definition
freehold
nonfreehold
Term
The main types of freehold estates are _____________
Definition
Fee Simple and Life Estate
Term
A tenancy by the entireties may exist only between _________________.
Definition
Husband and wife
Term
If the original grantor receives title at the termination of a life estate, it is known as a(n) ___________ estate. If a third party is to receive title it is known as a(n) _____________ estate.
Definition
Reversion
Remainder
Term
Should a renter continue to occupy property after termination of a lease without the agreement of the landlord, he or she is a(n) ___________________.
Definition
Tenant at sufferance
Term
A month-to-month residential tenancy may be terminated by _______________notice and a week-to-week tenancy by _________________.
Definition
15 days
7 days
Term
he instrument that creates a condominium is the _____________________ .
Definition
Declaration
Term
Ownership of shares of stock with use rights prescribed by a proprietary lease describes a(n) ____________.
Definition
Cooperative
Term
The purchase of a timeshare from a developer allows a cancellation period of _____________________.
Definition
10 Days
Term
The purchaser of a resale condominium is given ______________to review the applicable condominium documents.
Definition
3 business days
Term
Florida Statutes provide that the ____________ must be clearly expressed in the deed for the joint tenancy to exist.
Definition
Right of Survivorship
Term
If the ownership is vested in one owner it is called a(n) _____________________.
Definition
Estate in severalty
Term
The ownership or use of a(n)_____________unit is divided into fixed or variable time periods of weeks, months, or years.
Definition
Timeshare
Term
The elective share provides that the surviving spouse (widow or widower) is entitled to _____________ of the deceased spouse’s personal and real property except for the homestead property.
Definition
30%
Term
The legal rights of real estate owners whose land abuts non-flowing water (such as an ocean, sea, or lake) to use and enjoy the water and shore abutting their property are referred to as:
Definition
littoral rights
Term
According to Chapter 475, F.S., real property does not include:
Definition
Cemetery Lots
Term
The most common, complete, and comprehensive form of ownership is:
Definition
Fee Simple
Term
What type of estate involves the rights of possession and use of the property without ownership?
Definition
Nonfreehold estate
Term
The type of estate available only to a husband and a wife is____________.
Definition
Estate by entireties
Term
In the event of a divorce, what type of ownership results?
Definition
Estate in Severalty
Term
Personal Property does not include an ____________
Definition
Orange Grove
Term
In the event of a divorce, what type of ownership results?
Definition
Tenancy in common
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