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Real Estate Brokerage Business part 2
Florida Real Estate Broker Exam; Book chpt. 5
47
Real Estate & Planning
Professional
02/14/2013

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Term
Branch offices
Definition
Must be zoned for Real Estate office, city or occupational license is required. Additional locations must be registered if you advertise the public to go there, call you there, you keep permanent records there.
Term
Brokerage office
Definition
All active brokers are required to have an office and it be registered with DBPR.
Term
Office signs
Definition
Sign required for office that is easily observable and must contain: Trade Name, Brokers Name, "Lic. Real Estate Broker". Also called "Statutory sign"
Term
Advertising
Definition
All advertising must be worded so that reasonable people will know that they are dealing with a real estate licensee.
Term
Blind Advertisement
Definition
Advertisements that fail to disclose the license name of the brokerage firm.
Term
Internet sites
Definition
Name of the brokerage firm must appear adjacent to or immediate above or below the point of contact information.
Term
Point of Contact information
Definition
Any means by which to contact the brokerage firm or individual licensee including mailing addresses, street address, email address, telephone number.
Term
Telephone Solicitation
Definition
Initiation of a phone call for the purpose of encouraging the purchase of, or investment in, property, goods, services. Calls from 8am -9pm only. Violators of the do not call registry $10,000 per call. Can solicite previous business relationships up to 18 months after business concluded.
Term
Deposit
Definition
Earnest money or some other valuable consideration given as evidence of good faith to accompany an offer to purchase or rent.
Term
Earnest Money
Definition
A type of money that a broker may handle for others in the ordinary course of business; also referred to as good faith deposit or binder deposit.
Term
Escrow account
Definition
Account in a bank, title company, credit union, savings association, or trust company used solely for safekeeping customer funds and not for deposit of personal funds. Impond account or trust account.
Term
"Immediately" defined in regards to escrow deposits for sales assoc..
Definition
The end of the next business day.
Term
"Immediately" defined in regards to escrow deposits for brokers.
Definition
end of the third business day including when 1st received by Sales Assoc..
Term
"Immediately" defined in regards to post dated checks
Definition
Broker waits until post-date, then 3 days and deposit.
Term
3 accepatable escrow depositories
Definition
Florida commercial bank, credit union, savings association.
Term
How many days for written verification when a deposit is placed with a title company or attorney?
Definition
10 days
Term
How much personal or brokerage funds money can a broker keep in an escrow account?
Definition
$1,000
Term
How much personal or brokerage fund monies can a broker keep in there property management escrow account ?
Definition
$5,000
Term
Commingle
Definition
To mix together money or a deposit with personal funds; combine; intermingle.
Term
Conflicting Demands
Definition
When different parties each make claims that are inconsistent with one another.
Term
How many days associated with conflicting demand for broker.
Definition
The broker must notify the FREC, in writing within 15 days of receiving the conflicting demands unless specifically exempted. Broker must institute one of the four settlement procedures within 30 business days from the time the broker received the conflicting demands
Term
What are the 4 settlement procedures?
Definition
Mediation, Arbitration, Litigation, Escrow Disbursement Order (MALE)
Term
Mediation
Definition
The act of having a third party attempt to reconcile a dispute between two parties.
Term
Arbitration
Definition
The act of having a third party render a binding decision in a dispute between two parties.
Term
Litigation
Definition
lawsuit; case before a court of law.
Term
Escrow Disbursement Order(EDO)
Definition
A course of action for determining the disposition of a contested deposit. Only if funds are in a brokerage escrow account.
Term
What are the three exceptions to the notice and settlement procedures for sales escrow accounts?
Definition
During the recission period: Hud's agreement to abide, residential condo's, financing clause.
Term
Good Faith doubt and days associated for broker.
Definition
Unsure as to which party should receive the escrowed property. Notify FREC writing 15 days, institute settlement procedure within 30 days(business)
Term
False Advertisements or outdated lists are what violation of law?
Definition
first degree misdemeanor/fine up to $1,000/or imprisonment for 1 year.
Term
Brokers Commision / Anti trust laws
Definition
Price fixing(conspiracy to raise commissions), Boycott, Tying or making no open choices available for the customer.
Term
Sole Proprietorships
Definition
Dealing as an individual in business; business owned by one person.
Term
general partnership
Definition
Association of two or more persons for the purpose of jointly conducting a business.
Term
Requirements for a Real Estate brokerage general partnership.
Definition
Must register name with DBPR, One member must be a licensed broker, partners who deal with public and perform real estate services must be licensed as brokers, Sales assoc. and Broker assoc. can not be general partners(straight broker can be, not a broker assoc., sales assoc. can be a stockholder)
Term
Limited Partnerships
Definition
A business entity consisting of one or more general partners and one or more limited partners. Limited partners must make an investment of cash or of property, but not services.
Term
Real Estate Limited Partnership Brokerage requirements
Definition
Must register name with DBPR, General partners who deal with public must be licensed as active brokers, one general partner must be licensed as broker, General partners must register with DBPR for ID purposes, Sales assoc. and brokers may not be general partners, they can be limited partners, limited partners need not register with the DBPR.
Term
Ostensible partnership
Definition
(Quasi partnership) One or more parties cause a third party to be deceived into believing that a business relationship exists when no such arrangement exists.
Term
Limited Liability Partnership
Definition
A business entity that features protection from personal liability but with fewer legal restrictions compared with other business entities.
Term
Corporations
Definition
An artificial or fictitious person formed to conduct specified business activities. Limited liability.
Term
Requirements for real estate corporation brokerage.
Definition
Must register corp. name with DBPR, One director or officer must be licensed as an active broker, Active or inactive brokers and unlicensed people may serve as officers and directors, unless they deal with the public and perform real estate services, All unlicensed officers and directors must register with the DBPR, Inactive brokers and unlicensed can perform managerial functions, Sales Assoc. and Broker Assoc. may NOT be an officer or director but can be shareholders.
Term
Non profit corporations
Definition
Same as corporation.
Term
Limited Liability Company(LLC)
Definition
An alternative hybrid business entity with the combined characteristics and benefits of both limited partnerships and S corporations.
Term
Corporation Sole
Definition
Church or ecclesiastical organization.
Term
joint Venture
Definition
Temporary form of business arrangement often encountered in real estate, two or parties form to complete a business transaction
Term
Business trust
Definition
form of business entity that may be formed to engage in transactions involving its own real property.
Term
Cooperative association
Definition
permitted to conduct commercial business and to convey sell or buy its 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 the person doing business.
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