Module 1: Licenses Procedures
If various properties are held in the names of various individuals, corporations, or partnerships and all such owners are so connected or affiliated that the ownership is from the same entity, what type of license is issued?
Group License
FREC with impose what penalty on licensee's practicing real estate without a valid and current license?
Suspension or revocation
Any resident licensee who becomes a nonresident must notify FREC of change in residency within _____ days.
60
Broker must complete ____ hour post license education course prior to the first renewal following initial licensure.
60
Sales Associate must complete the state-required sales associate's _____ hour education course.
63
Broker's must complete the state-required broker ____ hour education course.
72
For classroom students, the end-of-course final exam may not be administered to anyone having absences in excess of _______.
8 Classroom hours
The DRE has ____ days from the date of correctly submitted application was received to inform an applicant of approval.
90
DRE has _____ days from the date when the last correctly submitted application was received to inform an applicant of approval or denial.
90 days
The following 7 items appear on a license:
1. Name 2. Mailing address 3. License Number 4. Expiration Date 5. Seal of the State of FL 6. Name of the Governor 7. Name of the secretary of the DBPR
Non Florida residents obtaining a broker license must provide a current certification of license history from the state where the applicant earned their experience. This history should contain 4 things. What are they?
1. Initial license exam type 2. Current license status 3. Disciplinary information 4. Number of active months within the preceding 5 years.
Student may re-tawake the final course exam (NOT STATE EXAM) a maximum of ________ within 1 year of the original examination.
1 time
An applicant must select 1 of the 2 options for the first broker's license as part of the broker's application. What are the 2 choices?
1. Continuation of his/her present employment in which a broker associate license will be issued. 2. Issuance of an inactive broker license. (Filing the appropriate DRE forms with the DBPR may change license status to that of an active broker.)
After the first renewal and for all subsequent renewal periods, broker's have the same continuing education requirement as sales associates: ______ hours of continuing education.
14
Qualifications to obtain Real Estate Sales Associate / Broker License
18 years old or older. Mentally Competent Possess a high school diploma or equivalent Info submitted on application Favorable report from fingerprint check with the FBI Does NOT need to be Florida Resident Does NOT need to be a U.S. citizen
Max time a licensee can be Involuntarily Inactive?
2 Years. Then license becomes Null & Void.
After application has been approved, applicant must appear for the examination within ________ of the date the DRE received the applications.
2 years
Once applicant receives approval, the applicant must appear for the examination within ______ years of the date the DRE received the application.
2 years
If FREC denies an application, the applicant has _____ days from the date of receipt to request a hearing.
21
TO qualify for a broker's license, sales associate licensee must be active for at least ______ months in the past 5 years in an government agency for a salary and performing the duties authorized for real licensees.
24 months
To qualify for a broker's license, sales associate should be active for at least _____ months during the preceding ______ years in the office of one or more brokers licensed in Florida or ANY other state, territory, or jurisdiction in the United States or any other foreign national jurisdiction.
24 months 5 years
Any student failing an end-of-course final exam (NOT STATE EXAM) must wait at least ______ days from the date of the original exam to re-test.
30 days
Examination dates can be changed without penalty up to ______business days before the scheduled examination, with provisions made for illness and death in the family.
4 business days
Sales associate must complete _____ hour post license education course prior to the first renewal following initial licensure.
45
Sales associate can not register for Broker course unless they have been licensed as an active sales associate for at least how long?
6 months
An active broker may be issued active broker licenses in more than one capacity only if it is clearly shown that such additional licenses are necessary to: A. Conduct of Legitimate BUsiness B. No opportunity exists for licenses to be used in a prejudicial manner to the public or to the business associate of the license holder.
A & B
What action requires a real estate broker's or sales associate license? A. Any service of real estate B. Any service of real estate in Florida C. Any service of real estate for another D. Any service of real estate for compensation and/or compensation
A, B, C, D
Which are exempt from needing a real estate license: A. Individual owners when representing themselves B. Partnership owners, provided each partner shares only in the profits of the partnership consistent with his pro rate share of ownership. C. Corporation owners when dealing with the corporation property. D. Employee of an owner (individual, partnerships, corporations, trusts, and joint ventures) of real property when dealing with the owner's property if the employees are NOT paid commission or other compensation strictly on a transactional basis.
A, B, C, D
Applicants must disclose if they have been convicted of a crime or have ever entered a plea of: A. Nolo Contendere B. Guilty by association C. Prima Facie D. Not guilty
A. Nolo Contendere (no contest)
Who are exempt: A. Mortgage brokers B. People dealing in cemetery lots C. People soliciting for places of lodging D. People renting Mobil home lots or recreation vehicle lots in mobile home or travel parks E. People engaged in PR and advertise such as TV announcers, when performing services related to their job. F. Attorney's-in-fact ONLY when executing (signing) legal documents, contracts, deeds, or conveyances for another as many be authorized by their power of attorney G. Attonrey's-at-law when acting within the scope of their legal duties. H. Certified public accountants I. Employees of specialty owners (public utility, rural electric cooperative, railroad, state or local government) when no compensation is paid in addition to the employee's salary. J. TImeshare exchange companies
ALL of them
This broker's license lists the name of the broker, his/her trade name (if applicable), and his/her residence address.
Active Broker Individual License
Multiple Licenses are issued only to ________________.
Active Brokers
A broker, or sales associate or broker associate who is supervised by an employing broker or owner developer is called what?
Active License
Group Licenses are issued only to ____________________.
Active sales associates or active broker associates employed by owner-employers.
FREC currently has mutual recognition licensing agreements with which 9 states?
Alabama Arkansas Connecticut Georgia Indiana Mississippi Nebraska Oklahoma Tennessee
If a license is lost or destroyed or license name (or trade name) is legally changed, what must be submitted?
An affidavit attesting to the circumstance
Which is a service of real estate that requires a real estate license? A. Mortgaging B. Business enterprise or business opportunity brokerage C. Sale of cemetery lots D. Renting lots in a RV park
B.
A real estate license applicant who is permitted to take a 40-question examination with no pre-license course requirement may do so under: A. irrevocable consent B. Mutual recognition C. Mutual Consent D. Nolo Contendere
B. Mutual Recognition
An attorney-in-fact is an individual with: A. a law degree B. Real Estate License C. Power of attorney D. High school diploma or equivalent
C. Power of attorney
If FREC suspends or revokes a broker's license, licensee's under that broker (sales associates/broker associates) are ___________.
Canceled
Anything or any service of value paid, received, or expected to be paid or received is called ______________.
Compensation.
Broker Path to a License
Complete 72-hour education course. Pass classroom Final online or in classroom with a minimum 70%. Successful students receive "satisfactory completion" that is valid for 2 years. Submit application with state with includes fingerprints and background check of FBI. Pass state exam with a minimum score of 75%. Prior to the first renewal, licensee must complete 60-hours of post license. 14-hour continuing education course must be completed either online or in classroom (same as sales associate)
Sales Associate Path to a License
Complete State required 63-hour online classroom education. Pass state exam with minimum score of 70%. License is considered inactive until licensee files out DBPR form obtained by DRE and pay appropriate fee. This includes getting a background check with fingerprints by FBI. Prior to first renewal, licensee must complete 45-hour post license course. After first renewal, 14-hour continuing education course must be completed.
If a licensee has been involuntarily inactive for 12 months but less than 24 months, what does the licensee need to do to reactive license?
Complete a 28 hour reactivation course.
Once a license is null and void, how does a person reactivation his/her license?
Complete pre-license education and pass the state exam
If a licensee has been involuntarily inactive for 12 months or less, the licensee may active by doing what?
Completing 14 hours of continuing education.
Attorney's -in-fact are exempt from licensure only when executing (signing) legal documents, contracts, deed as, or conveyances for another as may be authorized by their: A. Law license B. Court Order C. Broker D. Power of attorney
D. Power of attorney
All Florida licensee's that change their address within Florida, are required to notify _______ in writing within ______ days of any change.
DBPR 10 days.
If state application contains an error, it will be returned back to applicant for correction. Who checks for errors and how long does the department have to find errors once the application is submitted?
DRE (Division of Real Estate); 30 days.
Salaried managers of condominium or cooperative apartment buildings are _________ when performing duties related to renting or leasing of individual units within such condo or cooperative buildings. Rentals and leases of unit cannot exceed ______ years.
Exempt. 1 year.
A licensee who changes his/her address must notify _______ records department within _______ days.
FREC / 10 days.
Upon passing the broker's state's exam, applicant is issued an ________ broker license.
Inactive (Active broker or broker associate status can be obtained by filing additional forms after passing the examination.)
One who is not being supervised and not working with the public on Real Estate transactions is called what?
Inactive License
Max time a licensee can be Voluntarily Inactive?
Indefinitely
FREC will license a broker associate or sales associate as an _________, ______________, _______________, or ________________.
Individual Professional Corporation Limited Liability Company Professional Limited Liability Company
If a broker is an active officer, director of a brokerage corporation, limited liability company, partner in a brokerage partnership, or a limited liability partnership, the broker must have what type of license?
Individual License that indicates name and residence address
If a licensee fails to renew his/her license, or does not complete the 14 hour continuing education, the license will automatically revert to what status?
Involuntarily Inactive
Nonresident licensee's were required to sign an ___________________ that would allow legal actions against the licensee to commence in any county in the State of FL where the plaintiff resided. The Governor eliminated this with the approval of which House Bill?
Irrevocable Consent Form House BIll 693
A license shall be issued in the licensee's ___________ only, and when appropriate, shall include the entity designation.
Legal Name
Failure to complete 45-hour post license course for sales associates or 60-hour post course for broker's before 1st renewal would result in....
License to be null & void
Anyone other than an owner who performs leasing services in commercial or industrial properties must be _____________.
Licensed
Broker's, broker associate's, and sales associates are ______________.
Licensed
Being a professional provides a maximum 2 year period in which legal action can be initiated for professional _______________. THe time begins from the time the cause of action is discovered with the exercise of due diligence.
Malpractice.
Licenses expire on what 2 dates?
March 31 or September 30
A broker licensed in Florida, Indiana, and Alabama has _________ Licenses.
Multiple
________________ allows non residents of FLorida to complete a 40-question exam with no ________________________.
Mutual Recognition No pre-license course requirement
Can a Broker Associate or Sales Associate be registered as a General Partner, Member, Manager, Officer, or Director of a brokerage firm?
NO
Can a licensee perform real estate services is license is voluntarily and/or involuntarily inactive?
NO
Can a real estate brokerage corporation, partnership, broker associate, or branch office have inactive license status?
NO
Can an attorney be paid a referral fee or share in a commission if he/she does not hold an active real estate license?
NO
If a licensee changes his/her address, is a reissue required?
NO
When a broker changes its business address, it must file a notice of change of address and the ________________ of licensee's no longer associated with the firm.
Name
When a "Branch Office" is closed and later repents in the same location during the same license period, can a license be reissued or is a new initial issue license required?
New initial license (Individual, corporation, or partnership)
Can a licensee hold a license as an active broker and as a broker associate at the same time?
No
Someone who currently resides in Florida but does not intend to reside in FL for 4 calendar months or more, beginning on the date that the person began the current period of FL residence is called what?
Nonresident
If an inactive licensee (sales associate or broker) does not complete the post license education prior to initial renewal, what will the status of the license be?
Null and Void
If sales associate does not complete 45-hour post education, license will become _____________.
Null and Void prior to initial license renewal
If an individual is remain involuntarily inactive for 2 years, the license will become what status?
Null and void
If an applicant applying for a broker license during his/her initial sales associate license period, satisfactory evidence that he/she completed the _______________ for sales associates must be given to the DRE.
Post-license education. (Submitting a copy of the sales associate's post-license education completion course report with the broker application normally satisfies this requirement.)
A current and valid license in the possession of the licensee is ________________________ (reputable presumption) that the holder is licensed and entitled by law to the rights and privileges of that type of license.
Prima Facie Evidence
A written instrument issued by the DBPR certifying that a licensee is or was duly incensed and in good standing for the license period indicated is called what?
Real Estate License
Brokerage corporations, brokerage partnerships, and branch offices are _______________.
Registered
Placing the licensee's name and business address on file with the DBPR is called_____________.
Registration
Placing the licensee's name and business address on file with the FREC is called _____________.
Registration
If a licensee changes employers, will a licensee request a reissue or a new initial license?
Reissue
If an active broker changes the main office address, the broker must file a notice of change for licensee's no longer associated with the firm, and ANYONE licensed under the firm must obtain a ______.
Reissue
When a suspension has ended, will a licensee request a reissue or a new initial license?
Reissue
Prior to expiration date of license, the licensee should request a ____________.
Renewal Issue (The DRE mails a notice of Renewal to licensee's 90 days prior to end of the license period.)
A student can retake the final course exam sooner than 30 days if they do what?
Repeat the course
A licensee in possession of a current and valid license is considered what?
Reputable presumption
To request a reissue when his/her current license is about to become, or has become, invalid, the effective date is when?
The date DBPR receives the completed request form.
If renewing the license (even after null and void), the effective beginning date of the new license period begins when?
The day following the expiration date of the licensee's previous license.
Two types of inactive status is?
Voluntarily and involuntarily.
Are salaried employees of an apartment community owner (or of a registered broker for an owner) exempt if they work in an on-site rental office in a leasing capacity?
YES
Can exempt persons perform a service of real estate in FL for another and be compensated WITHOUT holding a real estate license?
YES
Is a real estate license needed to show property?
Yes
Can a sales associate license be issued to a broker that does not complete the 60 hour post education and becomes null and void?
Yes. Completion of the 14-hour continuing education course within 6 months of broker's license expiration is required to obtain sales associate license.
