Florida Post-License 45

Principal

(1) The person who enters into a fiduciary relationship with a single agent licensee. (2) The amount of money remaining due on a mortgage loan.

Ramps

*For every inch of height, ramps should have at least 1 foot of length (1:12) and have a railing at least 34 inches high. *There must be a 5-foot-long level landing at every 30-foot horizontal length of ramp, and at the top and bottom of the ramp and at switchbacks.

Don't make any of the following statements to a buyer:

-"No need to get a title search. I sold this house last year and title was fine." You must tell buyers to get an attorney's opinion or purchase title insurance. -"Don't worry, the seller told me by phone that I could sign the contract for her." A contract for sale of real property is not enforceable unless the person has a power of attorney. A sales associate or broker should avoid using a power of attorney because of representation issues. -"I won't be able to present your offer until the seller decides what to do about the offer I submitted yesterday." You must present all offers. -"That roof is in great condition—I can tell just by looking at it." If it's not OK, you may get to repair it at your expense.

Fiduciary Relationship

-A relationship of trust and confidence between an agent and a principal. -Only single agent relationship creates this

no brokerage relationship duties

-Dealing honestly and fairly -Disclosing all known facts that materially affect the value of the residential real property that are not readily observable to the buyer -Accounting for all funds entrusted to the licensee

Singe AGent Duties

-Dealing honestly and fairly -Loyalty -Confidentiality -Obedience -Full disclosure -Accounting for all funds -Skill, care, and diligence in the transaction -Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing -Disclosing all known facts that materially affect the value of residential real property and are not readily observable

Transaction broker duties

-Dealing honestly and fairly. -Accounting for all funds. -Using skill, care, and diligence in the transaction. -Disclosing all known facts that materially affect the value of residential real property and are not readily observable to the buyer. -Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing. -Limited confidentiality, unless waived in writing by a party. The transaction broker may not reveal to either party:that the seller might accept a price less than the asking or list price,that the buyer might pay a price greater than the price submitted in a written offer,the motivation of any party for selling or buying property,that a seller or a buyer will agree to financing terms other than those offered, andany other information requested by a party to remain confidential. -Any additional duties that are entered into by this or a separate agreement.

Access to Buildings

-People with disabilities should be able to approach a building and enter as freely as everyone else. -Curbs at the entrance should have curb cuts. -The route of travel should be at least 36 inches wide, stable, and slip-resistant. -An object must be within 27 inches of the ground in order to be detected by a person using a cane. -Overhead objects must be higher than 80 inches for head room.

Who is not covered by the Act?

-Religious organizations may limit the sale, rental, or occupancy of dwellings that they own or operate for other than a commercial purpose to persons of the same religion, and they may give preference to such persons, unless membership in such religion is restricted because of race, color, or national origin. -Private clubs that provide lodgings that they own or operate for other than a commercial purpose may limit the rental of such lodgings to its members. -Owners of any single-family house may restrict the sale or rental of the house, provided the following conditions are met:The owner does not own or have any interest in more than three single-family houses at any one time.The house is sold or rented without the use of a real estate broker, agent, or salesperson. If the owner selling the house does not reside in it at the time of the sale or was not the most recent resident of the house before such sale, the exemption applies to only one such sale in any 24-month period.The rooms or units in dwellings contain living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as her residence. -Students and smokers are not protected. Income status, sexual orientation, marital status, and age are also not protected groups. These classes may, however, be protected under a local ordinance.

Taxation of gain from sale of real estate

-Short-term capital gains (for property held for one year or less) are taxed at the investor's ordinary income tax rate. Long-term capital gains (property held for more than 12 months) are taxed at different rates, depending on the taxpayer's income. -Capital gains income is subject to an additional 3.8% Medicare tax for single filers making more than $200,000 or married couples filing jointly who make more than $250,000. -When investment property is sold, the investor must pay 25% (recapture rate) of the amount that the taxpayer used for depreciation deductions.

CAN-SPAM Act

-The Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) of 2003 establishes requirements for commercial email, spells out penalties for spammers, and gives consumers the right to ask emailers to stop spamming them. -The act covers only commercial electronic mail messages and regulates emailers whose primary purpose is to advertise a commercial product or service.

To win a fraudulent misrepresentation case against a broker, the plaintiff must prove that the:

-broker made an error in giving information, oral or written, to the buyer or failed to disclose a material fact to the buyer; -broker knew the statement was not accurate or the information should have been disclosed; -plaintiff reasonably relied on such statement; and -plaintiff was damaged as a result.

unforeseen circumstances

-divorce, legal separation, or death of a spouse; -becoming eligible for unemployment compensation; -a change in employment that makes it impossible to pay the mortgage or basic living expenses; -multiple births resulting from the same pregnancy; -damage to the home from a natural disaster, act of war, or terrorism; and condemnation, seizure, or involuntary conversion of the property, such as foreclosure.

The person who sends a fax must:

-have an established business relationship (EBR) with the recipient or written consent from the recipient, -have voluntarily received the recipient's fax number, -provide the recipient the right to opt out of getting more faxes, and -remove the numbers of persons who opt out within 30 days.

The three types of required residential brokerage notices include the following:

-no brokerage relationship notice -single agent notice -consent to transition to transaction broker notice

Parking areas should have

-one accessible space for every 25 total spaces. -8ft wide for car, with a 5 foot access aisle At least one space must be van accessible (8 feet wide with an 8-foot access aisle, and at least 98 inches of vertical clearance). The accessible spaces should be the closest available to the accessible entrance.

A residential sale is defined as:

-property with four units or fewer, -unimproved residential property intended for use of four units or fewer, or -agricultural property of 10 acres or fewer.

In the investigation of complaints, HUD will consider, as evidence of compliance, among other things:

-the use of the equal housing opportunity logo, statement, or slogan stating that the property is available to all persons regardless of race, color, religion, sex, handicap, familial status, or national origin; and -that when photographic ads are used, human models should be representative of the majority and minority populations in the area, including both sexes and children, where appropriate.

Tax Break for making access readily acheivable

A Tax deduction of up to 15,000 is available for removing barriers ar existing places of business.

Single Agent

A broker who represents either the seller or the buyer in a real estate transaction, but not both.

accommodation

A change to a dwelling that the housing provider must provide. An example would be a tenant's request for a handicap-accessible parking space near the tenant's apartment.

Radon

A colorless, odorless gas occurring from the natural breakdown of uranium in the soil. Many experts believe radon gas to be the second-leading cause of lung cancer.

Single Agent Notice

A disclosure form informing the principal of the duties of his single agent.

Consent To Transition To Transaction Broker Notice

A disclosure form that allows a single agent to become a transaction broker. The notice must be signed by the principal before the broker can make the change.

No brokerage relationship notice

A disclosure that must be given by a licensee who does not represent a buyer or a seller before entering into an agreement or showing a property. Need not be signed.

Misrepresentation

A false or misleading statement made intentionally or unintentionally, or the failure to disclose a material fact.

Americans With Disabilities Act (ADA)

A federal law that guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications.

Civil Rights Act Of 1866

A federal law that prohibits discrimination based on race. -For many years, the law was not widely enforced, but in 1968 the U.S. Supreme Court upheld the law in the case of Jones v. Mayer. -The Act applies to all real estate transactions; there are no exceptions or exemptions.

Redlining

A lender's refusal to loan money in an area based on illegal discrimination.

Transaction Broker

A licensee who has limited representation to the buyer, the seller, or both in a transaction. Instead of being an advocate for the buyer or the seller, the licensee is working for the contract.

Codes

A method used by persons to discriminate in employment and housing. An employer may pencil in a series of numbers on an application form (for example, the number 11 may mean "Asian" and the number 15 may mean "African American"). These tactics are illegal.

Customer

A person who works with a sales associate or a broker. While the person could be a principal, the usual definition is that the broker is either a transaction broker or has no brokerage relationship with the person.

handicap

A physical or mental impairment that substantially limits one or more major life activities. -such as walking, seeing, hearing, learning, breathing, caring for oneself, or working; a record of having such an impairment; or being regarded as having such an impairment. -Not only can housing providers not discriminate against a person with a disability, but they must make reasonable accommodations to rules, policies, and practices to provide that person with the same enjoyment of a dwelling; to allow the person to make reasonable physical modifications of premises; and to require multifamily housing built since March 1991 to have basic wheelchair accessibility.

Fiduciary Relationship

A relationship of trust and confidence between an agent and a principal.

Community Association

A residential homeowners association in which membership is a condition of ownership of a unit in a part of a residential development that is authorized to impose a fee that may become a lien on the parcel.

Designated Sales Associate

A sales associate who is appointed by a broker as a single agent for a buyer or a seller in a nonresidential transaction when another sales associate in the firm has been appointed as the single agent for the other party in the transaction. Both buyer and seller must have assets of at least $1 million and agree to the arrangement.

Florida Americans With Disabilities Act

A state law that implements and mirrors portions of the Americans with Disabilities Act. Has its own act because suing in a State Court gives the victim another remedy for violations.

Florida Fair Housing Act

A state law, modeled after the federal Fair Housing Act, that prohibits discrimination based on race, color, religion, sex, national origin, familial status, or handicap.

Exclusion of Gain From the Sale of a Personal Residence

A taxpayer may exclude up to $250,000 ($500,000 for a married couple filing jointly) of gain on the sale of a personal residence if the taxpayer owned and occupied the residence for at least two of the previous five years. If the taxpayer held the home less than two years, a prorated portion of the exclusion may apply. -The exclusion is available only once every two years, but there are several exceptions.

Intake

After HUD has received the initial information, an intake specialist will contact the complainant by phone to collect facts about the alleged discrimination. The specialist will then review the allegations to determine whether the matter is within HUD's jurisdiction.

Aisles and Pathways

Aisles and pathways to services should be at least 36 inches wide. ***Spaces in auditoriums should be distributed throughout the hall. Tops of tables or counters should be between 28 and 34 inches high.

Housing For Older Persons Act

An act that describes housing intended for and operated for occupancy by older persons where at least 80% of the occupied units are occupied by at least one person who is 55 years of age or older. Properties that fall within these guidelines are exempted from the familial status requirements of the Fair Housing Act.

Buyer Brokerage Agreement

An agreement between a buyer and a broker for the broker to provide services to a buyer for compensation. The broker may be acting as a single agent, a transaction broker, or a nonrepresentative.

Innocent Purchaser Status

An amendment to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) that exempts from liability those landowners who made reasonable inquiries about hazardous substances before purchasing the property.

Dual Agency

An illegal arrangement whereby the broker tries to represent both the buyer and the seller in the same transaction.

Material Fact

An important fact that may affect a buyer's decision to buy or a seller's decision to sell. Licensees must disclose facts that materially affect the value of residential property.

Disability

An individual with a disability is a person who (1) has a physical or mental impairment that substantially limits one or more major life activities, (2) has a record of such an impairment, or (3) is regarded as having such an impairment.

Death in a Property (689.25(1)(b), F.S.)

An owner of real property, or a real estate broker or sales associate, is immune from a lawsuit for failing to disclose to a buyer that the property was the site of a homicide, suicide, or death, or that an occupant of that property was infected with human immunodeficiency virus (HIV) or diagnosed with acquired immune deficiency syndrome (AIDS).

Investigation

As part of the investigation, HUD will interview the complainant, the respondent, and pertinent witnesses. HUD has the authority to take depositions, issue subpoenas and interrogatories, and compel testimony or documents.

The ADA does not cover temporary impairements...

Broken bones, sexual or behavioral disorder. Sexual orientation is not included.

No Broker Relationship Example

Broker Helen lists the Smiths' home as a single agent. Later, Helen shows it to Mr. Jones, a prospective buyer, and gives him a no brokerage relationship notice. While Helen is writing his offer for the property, Jones says, "I'll pay the asking price of $200,000 if I have to, but I would like to start the negotiations at $185,000." When Helen presents the offer, she must tell the Smiths that Jones has said he will pay up to the listed price. Failure to make this disclosure would expose her to disciplinary action and civil liability for violation of her fiduciary duty of full disclosure.

Practical Steps for Sales Associates

Brokers and sales associates should follow these practical steps to decrease the risk of misrepresentation claims: -Have the seller complete a property condition disclosure form and discuss any potential problem areas. Inform the seller of the legal duty to disclose material facts that affect the value of residential property and are not readily observable. -Disclose pertinent information in writing, such as in a property condition disclosure form from the sellers. The buyers should sign the disclosure indicating that they have received it. A confirmation letter would confirm earlier discussions in which you pointed out a leaky roof or the need to consult with a soil engineer, and it would affirm that neither you nor the seller makes any warranty as to the condition of the roof or the foundation. Keep copies of these documents in the transaction file. If the seller refuses to disclose material defects, decline the listing. Taking a listing of this nature is not worth damage claims, loss of reputation, and the potential loss of your license. -Ask about factors outside the property boundaries that might influence its value and affect a person's decision to buy, such as these:Abutting and nearby uses (present and propose, such as a rock band venue next door)Highway expansion or rerouting of a bus line -Do not make statements when you don't have firsthand knowledge or that are not based on expert opinion or advice. Have a list of government agencies from which you can get information. Suggest that the buyer check things out, too, by providing the telephone numbers and website addresses of the appropriate government agencies. It is best that important technical information come directly to the buyer from the government agency. -Avoid exaggeration. If you wish to venture a quick opinion about things you are not certain about, make sure the buyer understands that it is only a guess, and be certain the buyer does not rely on it in making a decision. -When using email for discussing important items, request that the customer reply to the email. Keep the email and reply for documentation. -Get information about condominiums, including:House rules regarding children, pets, and waterbedsLocation of lockers and parking stallsExistence of special assessments (for what and how much)Maintenance fee(s) (what is included, proposed increases)Planned future capital improvementsExisting reserves and purpose of reservesHistorical information as to when capital improvements were completed

Taxation of independent contractors

Brokers must meet three major requirements in order for their sales associates to qualify for independent contractor status: The sales associate must hold a real estate license. The sales associate's gross income must be based on production rather than on the number of hours worked. The sales associate's work must be done based on a written contract that states, among other things, that the sales associate will not be considered an employee for federal tax purposes.

Antitrust Laws

Brokers risk their assets and careers by conspiring with other brokers to set a standard commission. Antitrust laws prohibit any action by a party to fix prices or inhibit competition by using unfair practices. Some of the prohibited actions under antitrust laws include: conspiracy to set prices, splitting up competitive market areas, conspiring to boycott cut-rate brokers or otherwise interfering with their business, and requiring a minimum commission before allowing listings to be circulated in any service, such as through a multiple listing service (MLS).

PROPERTY TAX DISCLOSURE SUMMARY

Buyer should not rely on the seller's current property taxes as the amount of property taxes that the buyer may be obligated to pay in the year subsequent to purchase. A change of ownership or property improvements triggers reassessments of the property that could result in higher property taxes. If you have any questions concerning valuation, contact the county property appraiser's office for information.

ADA and Mental Disability (Threats to Others)

Doesnt protect an individual with a disability whose tenancy would constitute a direct threat to the health/safety of other individuals or result in substantial physical damage to the property of others unless the threat can be eliminated or significantly reduced by reasonable accomodation.

Be careful what you tell buyers about tax deductions

Don't tell buyers that they can deduct property taxes and interest to get them to purchase a home. You must be certain that they have enough other deductions (e.g., combined deductions exceeding $24,000 for a married couple filing jointly in 2018) so they can take full advantage of the real estate-related deductions.

accessible

Easy to approach, enter, operate, participate in, and use safely and with dignity by a person with a disability.

Team Advertising

FREC rule 61J2-10.026, effective July 1, 2019, regulates advertising by teams or groups as follows: (1) "Team or group advertising" shall mean a name or logo used by one or more real estate licensees who represent themselves to the public as a team or group. The team or group must perform licensed activities under the supervision of the same broker or brokerage. (2) Each team or group shall file with the broker a designated licensee to be responsible for ensuring that the advertising is in compliance with Chapter 475, Florida Statutes, and division 61J2, Florida Administrative Code. (3) At least once monthly, the registered broker must maintain a current written record of each team's or group's members. (4) Team or group names. Real estate team or group names may include the word "team" or "group" as part of the name. Real estate team or group names shall not include the following words: (a) Agency(f) Corporation(k) Properties(b) Associates(g) Corp.(l) Property(c) Brokerage(h) Inc.(m) Real Estate(d) Brokers(i) LLC(n) Realty(e) Company(j) LP, LLP or Partnership(o) or similar words suggesting the team or group is a separate real estate brokerage or company (5) This rule applies to all advertising. (6) In advertisements containing the team or group name, the team or group name shall not be in larger print than the name of the registered brokerage. All advertising must be in a manner in which reasonable persons would know they are dealing with a team or group. (7) Nothing in this rule shall relieve the broker of the legal obligations under Chapter 475, Florida Statutes, and division 61J2, Florida Administrative Code.

Designated Sales Associate Example

FatBurgers, Inc., is searching for five store locations in Pompano. It engages Mary Stevens of Pompano Commerce Realty as single agent because of her knowledge and expertise in the Pompano fast-food field. Jack Wilson, of the same firm, represents the seller of one of the potential sites. Because FatBurgers, Inc., wants Mary to be its single agent, the broker appoints Mary as a single agent for FatBurgers, Inc., and Jack as single agent for the seller. Mary and Jack are now designated sales associates.

Fax broadcasters

Fax advertisements are often sent in bulk on behalf of a business or entity by separate companies called fax broadcasters. Generally, the person or business on whose behalf a fax is sent or whose property, goods, or services are advertised is liable for a violation of the junk fax rules, even if the person or business did not physically send the fax.

Junk Fax Protection Act

Federal law prohibits most unsolicited fax advertisements to any machine, either business or personal. An unsolicited advertisement is defined under the act as "any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's prior express invitation or permission, in writing or otherwise."

Intentional misrepresentation

Fraud

ADA New Contruction

Full compliance with ADA is required

Filing

If HUD accepts the complaint for investigation, the investigator will draft a formal complaint on HUD's standard form and mail it to the complainant. The complainant must sign the form and return it to HUD. Within 10 days after receiving the signed complaint, HUD will send the respondent notice that a fair housing complaint has been filed against him along with a copy of the complaint. Within 10 days of receiving the notice, the respondent must submit to HUD an answer to the complaint.

Hearing in a U.S. District Court

If the court finds that a discriminatory housing practice has occurred or is about to occur, it can award actual and punitive damages as well as attorney's fees.

Homeowners Association Disclosure

If the disclosure summary required by section 689.26, Florida Statutes, has not been provided to the prospective purchaser before executing this contract for sale, this contract is voidable by buyer by delivering to seller or seller's agent written notice of the buyer's intention to cancel within 3 days after receipt of the disclosure summary or prior to closing, whichever occurs first. Any purported waiver of this voidability right has no effect. Buyer's right to void this contract shall terminate at closing.

Cause determination and charge

If the investigation produces reasonable cause to believe that discrimination has occurred or is about to occur, HUD will issue a determination of reasonable cause and charge the respondent with violating the law. After HUD issues a charge, a HUD administrative law judge (ALJ) will hear the case unless either party elects to have the case heard in federal civil court. Parties must elect within 20 days of receipt of the charge.

No-cause determination

If, after a thorough investigation, HUD finds no reasonable cause to believe that housing discrimination has occurred or is about to occur, HUD will issue a determination of "no reasonable cause" and close the case. A complainant who disagrees can request reconsideration of the case.

False or misleading statement

In real estate, a statement made by a licensee or a party in a real estate transaction that is not factual.

modification

In the case of a person with disabilities, a modification is a change that the housing provider must allow the tenant to provide at the tenant's expense.

Entrances

Inaccessible entrances should have signs showing the closest accessible entrance. A service entrance should not be used as the accessible entrance unless there are no other options. * Entrance doors should have atleast 32 inches of clear opening with at least 18 inches of clear wall space on the pul side. Door in public areas should have at least a 32 inch opening. **Door handles should be no higher than 48 inchees and operable with a closed fist. Lever or pull NOT A DOORKNOB

Before placing a call, you should be sure that the consumer is not on any of the following lists:

National Do Not Call Registry Florida Do Not Call list Your own in-office do-not-call list

Unintentional misrepresentation

Negligence

Florida Real Estate Disclosure Chart

On Desktop

Home Inspection

One of the most effective risk-management tools available to licensees is to suggest that the buyer order a home inspection. -intended to disclose defects in a building. --It is better to identify problems before the closing so the parties can negotiate a settlement. -If a material defect is discovered after closing, the buyer may sue the licensee rather than the seller, who may now live in a distant city. Have buyers select their own inspector so there's no question about collusion. Give your buyers a list with names and phone numbers of qualified home inspectors in your area.

HUD's Fair Housing Complaint Process

People have one year to file a complaint with HUD. The complaint should include: -the complainant's name and address, the name and address of the person or company who is the subject of the complaint, -the address or other identification of the housing involved, -a short description of the facts that caused the complainant to believe his rights were violated, and -the dates of the alleged violation.

Radon Gas Protection Act (Chapter 404.056, F.S.)

Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.

Income Tax Regulations Affecting Residential Real Property

Real estate licensees are not income tax experts, but should be knowledgeable about federal taxes related to real estate transactions. Licensees always should advise consumers to seek professional tax advice.

Restrooms

Restrooms should be accessible to people with disabilities. If a restroom is inaccessible, there should be a sign giving directions to an accessible restroom. A wheelchair-accessible stall that is at least 5 feet square is necessary to make turns. Grab bars should be behind and on the side wall nearest the toilet. At least one lavatory should have a 30-inch-wide-by-48-inch-deep clear space in front. The bottom of the lavatory should be no lower than 29 inches; the rim should be no higher than 34 inches. ***The faucets should be operable with one closed fist.

Role of Sales Associate

Sales associates are agents of their registered brokers. If a seller's broker has a listing, that broker and all the sales associates in that firm represent the seller.

Selective use of human models when conducting an advertising campaign.

Selective advertising may involve an advertising campaign using human models primarily in media that cater to one racial or national origin segment of the population without a similar advertising campaign directed at other groups.

Fax opt-out notice requirements

Senders of fax advertisements must provide specified notice and contact information on the fax that allows recipients to opt out of any future faxes from the sender and specify the circumstances under which a request to opt out complies with the act.

Selective geographic advertisements.

Such selective use may involve the strategic placement of billboards, brochure advertisements distributed within a limited geographic area by hand or in the mail, or advertising in particular geographic-coverage editions of major metropolitan newspapers.

Conciliation

The Fair Housing Act requires HUD to bring the parties together to attempt to resolve every fair housing complaint. If the parties sign a conciliation agreement, HUD will end its investigation and close the case.

The National Do Not Call Registry

The National Do Not Call Registry is a list of phone numbers belonging to persons who do not want to be contacted by commercial telemarketers. It is managed by the Federal Trade Commission (FTC) and enforced by the FTC, the Federal Communications Commission (FCC), and individual states. The registry now includes more than 221 million phone numbers. Numbers placed on the registry remain on the list for five years.

Blockbusting

The illegal act of a licensee who frightens homeowners into selling by raising fears that minority homeowners are moving into a neighborhood.

Steering

The illegal, discriminatory act of a sales associate who brings buyers into an area based on the racial or ethnic makeup of the neighborhood.

Persons covered by the Fair Housing Act

The law applies to persons who own four or more homes, multifamily properties (except properties with four or fewer units, one of which is occupied by the owner), brokers and sales associates who sell two or more homes in a year, and transactions in which a broker is involved. While it appears that a private owner may be able to discriminate under the 1968 act, the 1866 act clearly prohibits discrimination based on race.

Appraising

The process of estimating the market value of property.

Home inspectors must be licensed by the DBPR

They must have a high school diploma, be of good character, complete a minimum of 120 hours of prescribed education, and pass a state examination. Home inspectors must also take 14 hours of board-approved continuing education at each renewal cycle before renewing the second time

Assets

Things of value owned by a person or organization.

Americans with Disabilities Act (ADA)

This act sets the standards for building accessibility, goods, services, and employment. Florida has a law that mirrors this act.

Fair Housing Amendments Act Of 1988

This federal law expanded the Fair Housing Act to include protections for families with children and persons with disabilities.

Fair Housing Act

Title VIII of the Civil Rights Act of 1968 is commonly called the Fair Housing Act. This federal law, as amended, provides for equal housing opportunities regardless of race, creed, or national origin, sex, persons with disabilities, and families with children.

Safe harbor rules

To successfully avoid penalties for violations of the law, the seller or the telemarketer must demonstrate that it: -has written procedures to comply with the do-not-call registry requirements, -trains its personnel in those procedures, monitors and enforces compliance with these procedures, -maintains a company-specific list of telephone numbers that it may not call, -accesses the National Do Not Call Registry no more than three months before calling any consumer and maintains records documenting this process, and -erred unintentionally if it did make any call in violation of the do-not-call-registry rules.

Selective use of equal opportunity slogan or logo.

When placing advertisements, such selective use may involve placing the equal housing opportunity slogan or logo in advertising reaching some geographic areas but not others.

Hearing before a HUD ALJ

When the ALJ decides the case, the ALJ will issue an initial decision. If the ALJ finds that housing discrimination has occurred or is about to occur, the ALJ can award a maximum civil penalty of $19,787 per violation for a first offense, in addition to actual damages for the complainant, injunctive or other equitable relief, and attorneys' fees.

The Florida Do Not Call Registry

he national registry supersedes portions of the Florida law that are less strict. Sellers and telemarketers must consult both lists to ensure that a consumer is not on either list before placing a sales call. Florida's law allows licensees to contact for sale by owners (FSBOs) to solicit a listing, but this is permissible only if the owner is not in the National Do Not Call Registry. -The national registry allows you to call a FSBO if you have a buyer who wants to purchase the property, but you may not use the call to discuss listing the property. If the FSBO is not on the national registry but is on the Florida list, you may solicit the listing if the property was advertised or has a sign in front.

Comprehensive Environmental Response, Compensation, and Liability Act of 1980

imposes substantial liability on owners of real property that has been contaminated with toxic or hazardous substances. The liability also extends to other parties in a transaction, such as attorneys, developers, lenders, and real estate brokers. The liability in the act is joint and several, which means that all present or former property owners may be forced to pay (joint) or only one owner may be required to pay (several).

Civil Rights Act of 1968, commonly known as the Fair Housing Act

prohibits discrimination in the sale, rental, and financing of dwellings based on race, color, religion, sex, and national origin

The ADA and Substance abuse...

protects people recovering fro substance abuse BUT DOES NOT protect persons that are currently engaging in current illegal use of controlled substances Juvenile offenders and sex offenders, by virtue of that status, are not protected under ADA.

Federal Residential Lead-Based Paint Hazard Reduction Act

requires that disclosure be made to purchasers of residential buildings that were built before 1978. The seller, landlord, or licensee must provide the following before the contract is signed: A lead hazard information pamphlet Information about the presence of any known lead-based paint or lead-based paint hazard A 10-day period to conduct an inspection (does not apply to rentals) Must be attached to the contract.

Existing structures must be made accessible when that goal is readily achievable

the goal can be carried out without much difficulty or expense.