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32 Cards in this Set
- Front
- Back
What is the purpose of the FREC disciplinary guidelines?
normally will be imposed for violation of a law orrule |
To give licensees notice of the range of penalties that normally will be imposed for violation of a law or rule |
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Who reports findings of fact to the Commission at the conclusion of an administrative hearing?
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The administrative law judge
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What happens if a respondent fails to answer an administrativecomplaint?
licensee. Regulation will send investigators to arrest the licensee. |
The Commission will proceed with the hearing.
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The range of penalties that may be imposed on a licensee by theCommission for violation of law or rules includes which of the following?
revocation and imprisonment |
Denial, reprimand, fine, probation, suspension and revocation |
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An appeal of a Commission final order may be filed with which ofthe following?
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District Court of Appeals
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Which of the following statements best describes the ProbableCause Panel?
Florida Real Estate Commission members, no more than one ofwhich may be a lay member. quasi-judicial powers of the Florida Real Estate Commission. innocence and submits a recommended order to the FloridaReal Estate Commission. receipt of a complete report to recommend dismissal or issuance ofa formal complaint. |
The Probable Cause Panel has 30 days from receipt of a complete report to recommend dismissal or issuance of a formal complaint. |
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What is the charge for anyone found guilty of using false ormisleading advertising?
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Second-degree misdemeanor
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What is the maximum amount of money that can be paid from theReal Estate Recovery Fund to three persons who suffered monetary loss as theresult of a fraudulent act committed by a real estate licensee and have beenawarded a single judgment?
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$50,000
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In which of the following circumstances may a citation be issuedto a licensee?
health, safety and welfare exists. Department. |
When no substantial threat to the public
health, safety and welfare exists. |
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What is the maximum fine FREC can impose against a licensee whowas found guilty of two violations of F.S. 475?
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$10,000
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What action might the Secretary of the Department of Businessand Professional Regulation take against a broker whose actions pose an immediateserious danger to the safety and welfare of the public?
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Issue a summary suspension
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What action may be taken if either the Florida Real EstateCommission or the licensee disagrees with a recommended order submitted by theadministrative law judge?
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File exceptions
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How is the Real Estate Recovery Fund funded?
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Fees and fines paid by real estate licensees
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What must an unlicensed individual do when ordered to appearbefore the DBPR?
unlicensed persons |
Appear
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Which activity would be classified as a first-degree misdemeanorunder F.S. 475?
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Violation of rental information rules
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What is the maximum penalty that may be imposed upon anindividual who is found guilty of unlicensed real estate activity?
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$5,000 fine and imprisonment for up to 5 years. |
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George received a final order from the Florida Real EstateCommission, ordering his license revoked. If George wishes to appeal thisorder, what would be his next step?
Commission. |
File an appeal with the District Court of Appeal. |
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A licensee defrauded two customers in a single real estatetransaction. The court rendered a single judgment against the licensee in theamount of $65,000. The licensee could not satisfy any portion of the judgmentfrom personal assets. What amount will the former customers be able to recoverfrom the Real Estate Recovery Fund?
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$50,000
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According to disciplinary guidelines of the Florida Real EstateCommission, what is the license status of a licensee who receives the maximumpenalty as a result of their confinement in a mental institution?
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Revoked
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Which of the following best describes a DBPR investigator's roles and responsibilities?
orders. as to the penalty that should be imposed against a licensee. the investigator files an investigative report. based upon information obtained during the course of theinvestigation. |
Upon conclusion of the investigation, the investigator files an investigative report. |
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What term is used to refer to the individual who files acomplaint?
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Complainant
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How would a licensee attempt to compel testimony from a witnessin a formal hearing?
the witness to testify. some valid information. |
Ask the Administrative Law Judge to subpoena the witness to testify. |
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If an investigator from the DBPR found a minor infraction ofF.S. 475 or F.A.C. 61J2, what would be the likely result?
summary suspension. the FREC. order. Noncompliance or citation. |
The investigator would issue a Notice of Noncompliance or citation. |
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A sales contract specifies that the buyer will pay a secondarydeposit by March 15th. The sales associate neglected to collect thedeposit on time. Which of the following statements is correct?
the deposit, this is the broker's responsibility. dispute. may cause harm to the seller, and could be chargedwith culpable negligence. |
By forgetting to collect the deposit, the sales associate may cause harm to the seller, and could be charged with culpable negligence. |
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Occasionally FREC may receive a complaint from a member of thepublic that is not considered a "legally sufficient" complaint. Whichof the following scenarios would be considered legally sufficient?
so the broker did not call the seller in a timelymanner. representing the seller discloses to the purchaser that the housethe buyer is considering is located near a waste treatment facility. for a prospective tenant. does not present a verbal offer. |
A sales associate charges a fee to write a lease for a prospective tenant |
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Which penalty would apply to a licensee who is guilty of falseadvertising?
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Second-degree misdemeanor
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What may a real estate sales associate or broker who does notpay attention to detail and causes harm to another be charged with?
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Culpable negligence
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A licensee from Miami decided to purchase a home in Orlando.Because the licensee was unfamiliar with the Orlando market, while acting as abuyer the Miami licensee engaged the services of an Orlando broker. The Orlandobroker neglected his duties, resulting in a financial loss to the Miamilicensee. Which statement is correct regarding this situation?
careful, and cannot collect from the Florida Real Estate Recovery Fund. Florida Real Estate Recovery Fund since he/she was acting asa buyer, not as a licensee when the damage was incurred. disciplinary action because he was working with a Florida real estatelicensee. individuals that are not licensed. |
The Miami licensee may file a claim against the Florida Real Estate Recovery Fund since he/she was acting as a buyer, not as a licensee when the damage was incurred. |
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When asked about the size of a home, the sales associate quotedthe home as containing 5,300 square feet of living area. In reality the homewas only 4,300 square feet. This is an example of which fraudulent activity?
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Misrepresentation
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A residential developer offers a contest whereby each individualwho tours a model home receives a treasure box key. If the key opens the doorto a model, the individual wins the home. Which of the following statements iscorrect?
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This promotional program is permissible since no purchase was required. |
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A buyer has agreed to purchase the seller's home. The contractcalls for a deposit of $10,000, to be placed in the broker's escrow account.The sales associate forgets to collect the deposit. The sale falls through andthe seller is claiming the uncollected deposit as liquidated damages. What willthe sales associate likely be charged with?
maintain the escrow account |
Culpable negligence
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