Real Estate Chapter 6
A probable-cause panel may consist of one consumer member who currently serves on the Commission and one former Commission professional member who holds an active real estate license.
True: One of the panel members must currently serve on the Commission (the consumer member) and at least one of the panel members must be a former or current professional Commission member. A former professional member must currently hold an active real estate license.
fraud
`intentional deceit and reliance on the deception for the purpose of inducing another person to rely on the deceitful information and for the injured person to part with something of value or to surrender a legal right. A broker may be charged with fraud when the broker does not disclose known defects or remains "silent" when the defect is not readily observable.
Formal allegation or charge.
a complaint
an expedited way of resolving the disciplinary case provided the licensee does not dispute the alleged facts stated in the complaint
an informal hearing
Revocation of a license is not permanent.
false
The FREC may issue a summary suspension when a licensee's actions endanger the public.
false :A summary suspension (or emergency suspension) must be issued by the DBPR secretary or a legally appointed designee of the secretary.
The licensee-respondent must be given at least 10 days' notice of a hearing.
false: 14
The licensee is instructed to select one of three options in the Election of Rights and return the completed Election of Rights form to the DBPR on or before the 20th day after receipt of the administrative complaint.
false: 21st day
The Florida Real Estate Commission possesses the authority to sentence a licensee to imprisonment.
false: All imprisonment penalties must be obtained in a court of law because the Commission lacks the authority to assess such penalties.
Probable-cause proceedings are open to the public.
false: Probable-cause proceedings are not open to the public, and the remaining FREC members are prohibited from attending.
The Florida Real Estate Commission can order a real estate licensee to pay restitution to a seller who was harmed by a licensee.
false: The Commission does not have the authority to order restitution to an injured party. If the acts of a licensee harm a consumer, the injured party may seek damages in a court of law.
Conversion is the withholding of information.
false:Concealment is the withholding of information or a material fact.
During a ______ the licensee-respondent is given an opportunity to explain the details of the case with supporting evidence and/or witnesses.
informal hearing
Commingling is sometimes called
intermingling.
moral turpitude
involves conduct contrary to honesty, good morals, justice, or accepted custom.; An act of corruption, vileness, or moral depravity; a disgraceful action or deed.
writ of supersedeas
is an order issued by a court that supersedes the action of the Commission and allows the licensee to continue to practice until the case can be heard on appeal.
The most severe type of administrative penalty that the FREC is authorized to impose is ______ of a license.
revocation
an agreement as to the facts of the case and the penalty reached between the attorneys for the DRE and the licensee or licensee's attorney.; An agreement as to the penalty reached between the attorneys for the DRE and the licensee or licensee's attorney.
stipulation
A stay of enforcement,
stops the enforcement of the final order pending the outcome of the appeal process.
A writ or order commanding the person named to appear and testify in a legal proceeding.
subpeona
Failure To Account Or Deliver
the act of failing to deliver any personal property such as money, legal documents, or real estate commission to a person entitled to receive it.
Imprisonment is a criminal punishment that must be ordered by a court. Furthermore, the FREC does not have the authority to order restitution to an injured party. If the acts of a licensee harm a consumer, the injured party may seek damages in a court of law.
true
Licensees are solely responsible for notifying the DBPR in writing of the licensee's current mailing address, email address, and place of practice. Licensees should regularly check the email address on record.
true
Licensees have 30 days to pay or contest citation
true
Licensees must take continuing education during a suspension and pay fees
true
Licensees receiving a citation have 30 days to accept or reject the alleged violation(s), as specified in the citation. For licensees who do not dispute the matter, the citation penalty will become effective (a final order) and the case will be closed
true
Licensees who dispute the alleged violation(s) must file a written objection.
true
On an election of rights form, The licensee may choose to: not dispute the allegations of fact and request an informal hearing, dispute the allegations of fact and request a formal hearing, or not dispute the allegations of fact and waive the right to be heard.
true
Probation is a penalty issued in an informal hearing
true
Service by regular mail or email to a licensee's last known mailing address or email address of record constitutes adequate and sufficient notice to the licensee for most other official DBPR communication to a licensee.
true
Suspension is issued by FREC
true
The Commission may impose administrative penalties for violations of Florida statute and administrative rules and regulations.
true
The FREC may impose a maximum fine of $5,000 per violation of Chapter 455, F.S., and Chapter 475, F.S.
true
The determination as to whether probable cause exists is made by majority vote of FREC's probable-cause panel.
true
The final order becomes effective 30 days after it has been entered. A licensee has the right to practice real estate during the complaint process and up until the final order becomes effective.
true
The licensee-respondent may challenge the final order within 30 days by filing an appeal.
true
The maximum administrative fine for each violation of the law is $5,000
true
The maximum period for which the FREC may suspend a license is 10 years.
true
The powers of the FREC are limited to administrative matters and do not extend to criminal actions.
true
The primary purpose of the administrative jurisdiction granted to the Commission is to enforce duties and obligations as they apply to individuals and firms actively engaged in the real estate business.
true
To obtain a stay of the final order, the district court of appeals must issue a writ of supersedeas.
true
Voluntary relinquishment for permanent revocation permanently puts the licensee out of the real estate business.
true
he DBPR may conduct an investigation without notification to anyone subject to the investigation if the act under investigation is a criminal offense.
true
it is possible to be fined and for your license to be revoked
true
A complaint is legally sufficient if it contains facts indicating that a violation of Florida statute has occurred.
true :A complaint is legally sufficient if it contains facts indicating that a violation of Florida statute, DBPR rule, or FREC rule as occurred.
A broker placed security deposits from tenants into the business operating account. This is an example of commingling funds.
true: Commingling is the mixing of money of a buyer or a seller (tenant or landlord) with the broker's own money, or to combine escrow money with personal or business funds. License law requires the broker to place security deposits into an escrow fund.
A complaint is legally sufficient if it contains facts indicating that a violation of any of the following has occurred:
-Florida statute -Any existing, legally adopted DBPR rule -Any existing, legally adopted FREC rule
If the licensee-respondent requests a formal hearing or if the licensee-respondent disputes the allegations, the DBPR requests that the case be prosecuted under Chapter
120, F.S.
If a licensee fails to take action to correct the minor violation within_____days after being notified, the licensee may be issued a citation or the licensee may be subjected to a disciplinary proceeding.
15 days
Legally Sufficient
A complaint that contains facts indicating that a violation of a Florida statute, a DBPR rule, or a FREC rule has occurred.;
Voluntary Relinquishment for Permanent Revocation
A licensee-respondent may choose to avoid a disciplinary hearing and relinquish the real estate license in lieu of discipline, permanently revoking the license;
formal hearing
A session in which testimony and arguments are presented, especially before an official.
a violation of no substantial threat to the public and involving a fine that currently ranges from $100 to $500.
Citation concerns
involve fines that currently range from $100 to $500 per offense and may include other assessments (for example, require educational course attendance).
Citations
To mix together money or a deposit with personal funds; combine; intermingle.
Commingle
the withholding of information or a material fact. In a fiduciary relationship, for example, the broker has a duty to speak, unless the principal knows the information or fact.
Concealment
a licensee's personal use or misuse of client (or customer) monies.; Unauthorized use or retention of money or property that rightfully belongs to another person.
Conversion
involves negligent conduct that, while not intentional, involves a disregard of the consequences likely to result for one's actions.; Inadequate attention to duties and obligations by those who know, or should know, what is required of them.
Culpable Negligence
When a real estate broker's license is suspended or revoked, all licenses issued to sales associates who work for the penalized broker become inactive. The associate's license status in the DBPR records will reflect as ____________
Current/Inactive.
A broker who fails to pay an earnest money deposit at the title closing, in accordance with the contract for sale and purchase, may be charged with______
Failure To Account Or Deliver
Breach Of Trust
Failure to do or perform what has been promised. any violation or omission of a legal or moral duty. It is the breaking of a promise or obligation, either by an act of commission or omission, default, or nonperformance.
A stipulation does not have to be approved by FREC for it to be effective.
False
If a licensee who is the subject of an administrative complaint fails to timely respond to the Election of Rights, the licensee has waived the Election of Rights, and the case will be heard in a formal hearing.
False: If the subject of an administrative complaint fails to timely respond to the Election of Rights, the licensee-respondent is considered to have waived the Election of Rights, and the case is heard by the FREC in an informal hearing.
The probable-cause panel is composed of two current members of the Commission.
False: One of the panel members must be a current FREC member. The other member may be a former commissioner. One panel member must be a real estate licensee.
Licensees are given 90 days to file an appeal of the final order.
False: The licensee may challenge the final order within 30 days by filing an appeal.
A decision rendered by the FREC.; FREC's final decision as to innocence or guilt and the determination of the appropriate penalty.
Final Order
is a warning for a minor violation (an initial offense only) that allows a licensee 15 days to correct the minor infraction without consequence (nonresponse could result in disciplinary action).
Notice of noncompliance
allows the licensee to continue to practice real estate under the guidance of the FREC for a period of time while completing conditions specified by the FREC, such as to complete education courses, attend FREC meetings, and satisfy all the terms of the penalty.
Probation
A determination by an administrative law judge that includes findings and conclusions, as well as other information required by law or agency rule to be in a final order.
Recommended Order
Emergency or immediate action taken by the secretary of the DBPR against a license to protect the public.
Summary (emergency) Suspension Order
Division Of Administrative Hearings (DOAH)
The governmental entity that hears all formal hearings resulting from an administrative complaint against a licensee.
Denial of license, letter of reprimand, notice of noncompliance, citation, fine, suspension and revocation are under what type of penalty?
Administrative
The 3 types of Penalties that may be imposed for violations of real estate license law: (ACC)
Administrative Civil Criminal
formal (administrative) complaint
An outline of the charges against a licensee that must be answered within the statutory time limit.; consists of allegations of facts and charges against the licensee.
A piece of information that affects the value of real property and is relevant to a person making a decision about that property.
material fact
A false or misleading statement of a material fact; concealment of a material fact.;an untrue statement of fact or an incorrect or false representation of the facts.
misrepresentation
A licensee may be charged with_______for failing to indicate in a newspaper that a listed property is advertised by a real estate licensee.
misrepresentation
Felonies such as embezzlement, larceny, and robbery are generally considered
moral turpitude : Moral turpitude is defined as a vile act, which is conduct contrary to honesty, good morals, justice, or accepted custom. Embezzlement and crimes of larceny fall under this definition.
Reasonable grounds or justification for prosecuting.;
probable cause
mitigating circumstances
reasons to reduce the impact of the violation
Denial of license application
refusal to renew a license
A complaint and all information obtained during any resulting investigation must be treated as confidential until 10 days after probable cause has been found to exist or the subject of the investigation waives the privilege of confidentiality, whichever occurs first (except for a criminal violation).
true
A probable-cause panel may consist of the following: One current professional member of the FREC and one former consumer FREC member One current consumer member of the FREC and one former professional FREC member who holds an active valid real estate license One current professional member of the FREC and one former professional FREC member who holds an active valid real estate license
true
A second suspension for the same or a different violation may result in revocation of the license.
true
A settlement stipulation is an agreement as to the facts of the case and an appropriate penalty negotiated between the attorneys for the DRE and the licensee or the licensee's attorney.
true
A subpoena is a legal document commanding an individual to appear at a certain time and place to give testimony.
true
Administrative complaints are sent by email, regular U.S. mail, and certified mail to the licensee's address of record.
true
An administrative fine is issued by FREC.
true
Any Commissioners who served on the probable-cause panel for the particular complaint may not participate in this informal hearing.
true
Any complaint that is filed in writing and is legally sufficient will be investigated
true
At least one of the probable cause panel members must be a former or current professional Commission member. If the probable-cause board member is a former professional member of the FREC, the former commissioner must currently hold an active valid real estate license. The second panel member may be a former or current professional FREC member, or a former or current consumer member of the Commission.
true
Brokers have 15 days to correct notice of non compliance
true
Examples of moral turpitude include embezzlement and crimes of larceny.
true
Fine may be up to $5,000 for each violation of Chapter 455 and Chapter 475.
true
For licensees who fail to pay their fines in a timely manner, the FREC will file an administrative complaint.
true
If probable cause is found, a formal complaint is filed.
true
If the original complainant (person who files the complaint) withdraws the complaint or otherwise indicates a desire not to cause it to be investigated or prosecuted to completion, the Department may continue with the investigation and the Commission may take the appropriate final action on the complaint.
true
If the subject of an administrative complaint fails to timely respond to the Election of Rights, the licensee-respondent is considered to have waived the Election of Rights. The case proceeds and is heard by the FREC in an informal hearing.
true
