Florida Real Estate: Chapter 3 terms
current status - primary status
indicates the licensee is up to date with respect to the DBPR's requirements for licensure.
After ____ in involuntary inactive status, the license will become null and void.
2 years
Active license
A current, valid license registered with the DBPR. The status required to actively engages in the real estate business.
group license
A right granted a sales associate or broker associate to work various properties owned by affiliated entities under one owner developer.
A licensed broker is the broker for two independent real estate brokerages. Which statement applies to this situation? A)The broker must request and be issued multiple broker licenses—one for each brokerage company. B)The broker licensee may only be the broker for one Florida real estate company. C)The broker must register as a broker associate for one of the real estate companies. D)The broker must request and be issued a group license.
A)The broker must request and be issued multiple broker licenses—one for each brokerage company.
Which task must a sales associate before the expiration of the initial sales associate license? A.COmplete the 45-hours post license education course. B. Submit a real estate activity log. C. Complete the 14-hour continuing education course. D. Pay a one-time new license education fee.
A. Complete the 45 hour post license course.
Which power is NOT given to the Florida Real Estate Commission? A)Making determinations of violations B)Imposing jail sentences C)Promulgating rules and regulations D)Adopting a seal
B)Imposing jail sentences Explanation: Jail time must be imposed by a criminal court. The FREC is empowered to make determinations of license law violations and impose administrative penalties.
The FREC's power to determine license law violations is an exercise of which type of power? A)Civil B)Quasi-judicial C)Quasi-legislative D)Executive
B)Quasi-judicial Explanation: Quasi-judicial responsibilities include the power to grant or deny license applications, to determine license law violations, and to administer penalties.
A sales associate is in his third license renewal cycle. The licensee neglected to renew his license before the expiration date seven months ago. Which statement applies to this situation? A)The license is in voluntary inactive status. B)The licensee must complete 14 hours of continuing education. C)The sales associate is required to complete 28 hours of a Commission-prescribed education course. D)The sales associate must reapply for licensure.
B)The licensee must complete 14 hours of continuing education. Explanation: When a licensee has been in involuntary inactive status for 12 months or less, the licensee may satisfy the education requirement by completing 14 hours of FREC-approved continuing education.
What is the maximum number of consecutive years a commissioner may serve on the Florida Real Estate Commission? A)Four B)Two C)Eight D)Six
C)Eight Explanation: A commissioner may not serve more than two consecutive four-year terms.
The Commission's authority to regulate and enforce the license law is which type of power? A)Quasi-legislative B)Quasi-judicial C)Executive D)Civil
C)Executive Explanation: The executive powers to regulate and enforce the license law are delegated to the Commission by the Florida Legislature.
The director of the Division of Real Estate is appointed by the A)governor. B)Florida Senate. C)secretary of the Department of Business and Professional Regulation. D)Florida Real Estate Commission chairperson.
C)secretary of the Department of Business and Professional Regulation. Explanation: The director of the DRE is appointed by the secretary of the DBPR, subject to approval by majority vote of the FREC.
A brokerage office changes business address. What action must the broker take? A)Notify the FREC within 60 days of the change in residency. B)File a new application for licensure. C)Submit a request to renew the real estate license. D)Within 10 days of moving, inform the DBPR in writing of the change in business address.
D)Within 10 days of moving, inform the DBPR in writing of the change in business address.
License law mandates that the initial license period must provide the licensee at least 20 months of licensure but not more than 24 months.
False:must provide the Licensee at least 18 months of licensure butt not over 24 months
Multiple licenses
Licenses held by a broker in two or more real estate brokerage firms.
Ray Jones is a sales associate registered under Extra-Fine Real Estate Services. Ray would like to try representing a few landlords that purchased his listings. He is wondering if he can work for both Extra-Fine Real Estate Services and Extra-Fine Property Management since Jane Doe is the broker of both companies. Can he?
NO: Sales associates and broker associates may engage in real estate activities that require a real estate license only on behalf of the brokerage company where the associate is registered. It is true that Jane is the broker of both companies, however, the associate is registered under Extra-Fine Real Estate Services, and sales associates may have only one registered employer at any one time
To perform real estate services for another for compensation, what must the primary and secondary status state?
Primary status must state either current or probation. Secondary status must state active.
The chief administrator of the DBPR is the _______ of the DBPR, who is appointed by the governor, subject to confirmation by the state senate.
Secretary
It is unlawful to practice real estate for compensation with an inactive license
TRUE
Sales associates and brokers must complete their post-license education before the first renewal of their initial licenses.
TRUE
The Duties off of the Division of Real Estate are essentially administrative and ministerial (record keeping)
TRUE
The power to create and pass rules and bylaws fall under Quasi-Legilative
TRUE
The powers of FREC are limited to administrative matters and do not extend to criminal actions
TRUE
The three powers and duties of the FREC fall into 3 categories: Executive, Quasi-legislative and Quasi-Judicial
TRUE
FREC Consists of 7 members: 4 must be FL real estate brokers who have held active licenses during the five years preceding appointment; 1 must be either a FL real estate broker or sales associate who has held an active license during the two years preceding appointment. What are the requirements for the 2 remaining members?
They are consumers, unlicensed members who have never been real estate brokers or sales associates.
After what period of time does an involuntary inactive license automatically expire and become null and void? A.4 years B. 2 Years C. Five years D. one year
Two Years
What must a licensee in involuntary inactive status do within 2 years to renew their license?
complete continuing education and renew the license to either active or voluntary inactive status
Active-secondary status
indicates that the licensed sales associate is allowed to operate under the associated license.
failure to complete the post-license education before expiration of the initial license will cause the license to become __________
null and void
A license that is not renewed at the end of the license period reverts automatically to involuntary inactive atstus, except in the case of initial licenses when post-licensing education requirements have not been completed satifactorily
true
An individual on active duty with the U.S Navy who is not engaged in real estate brokerage activity in the private sector for profit has what period of time after discharge from active duty to renew a real estate license? A. 24 months B.12 months. C.3 months D. 6 months
24 months
A man is the broker for two independent brokerage entities. He needs to apply for and hold a group license.
False
The director of the DIvision of Real Estate (DRE) is appointed by the secretary of the DBPR, subject to senate confirmation.
False
A real estate licensee may share compensation with an unlicensed person for performing real estate services or for referral of real estate business, prospects, or customers.
False.
A licensee should always refer to the secondary status first and then look to the primary status.
False. primary then secondary
Licensees must notify the DBPR in writing within 7 days of a change in current mailing address.
False: 10 days
A sales associate whose license has been involuntarily inactive for more than 24 months must complete 28 hours of reactivation education.
False: A license that has been involuntarily inactive for more than 24 months (two years) has become null and void
A real estate sales associate whose license was expired at the time of performing real estate services must renew the license before the title closing in order to lawfully receive compensation for the transaction.
False: A real estate licensee must not practice real estate after the expiration date of the license. It is unlawful for a license to perform real estate services for compensations w/ an expired license.
The Florida Real Estate commission members are $100/day for official Commission business
False: Commission members are only paid $50/day
If a servicemember (or servicemember's spouse) is actively engaged in real estate in the private sector for profit, during active duty and for the 2 years following discharge, the servicemember must complete required license renewal provisions and the DPBR will not waive the license renewal fee.
False: DBPR will waive license fee.
It is okay if a Real Estate licensee practices real estate after license expires as long as they notify the DBPR
False: It is unlawful to practice with an expired license
When a license ceases to be in force it means that under Fl law, the associate is authorized to perform real estate services so long as they register within 10 days.
False: associate is not authorized to perform real estate services until properly registered under a licensed broker.
Adopting a seal becomes prima facile evidence that the document is authentic. This falls under the Quasi-legislative branch.
False: falls under Execuive Branch
The DBPR is responsible for verifying your license status and that your license is associated with your registered broker
False: it is YOUR responsibility to check on your license status through the DBPR site and submit corrections.
Because sales associates and broker associates have only 1 registered employer at a time, sales associates and broker associates may hold multiple licenses.
False: may NOT hold multiple licenses
At least 3 of the commissioners must be consumer members
False: only 2
How many Florida Real Estate Commission members may be licensed as real estate sales associates?) A)One B)Four C) Two D) Three
One
When a brokers license is suspended or revoked, the DBPR places the licenses of any sales associates and broker associates registered under the penalized broker in involuntary inactive status, which can be changed once the associates find employment elsewhere
TRUE
All Real estate licenses are issued with an expirations date of either March 31 or September 30
TRue
Revocation of a license is a permanent penalty (licensee is put out of the real estate business forever)
TRue
The initial effective date of a real estate license is the date the DBPR issues the license
TRue
null and void
The license status when a sales associate has failed to successfully complete post-license education prior to the first renewal of the license or when a licensee has failed to renew two or more renewal cycles; the license status has been involuntary inactive for more than 24 months.
A FL resident licensee who fails to notify the Commission of becoming a nonresident as prescribed in Section 475.180 may be issued a citation and fined $300
True
A broker who holds more than one Florida broker license is said to hold multiple licenses.
True
A license ceases to be in force until the sales associate has registered under the new broker. Otherwise, the sales associate would be acting as a broker, which the DBPR may issue $500 citation to the sales associate
True
A real estate developer owns several subdivisions that are in the names of different entities. Sales associates who are employed by the developer hold a group license
True
After the post-license education is satisfied and the initial license is renewed, licensees must complete 14 hours of continuing education during each renewal period.
True
Any resident licensee who becomes a non resident must notify the Commission within 60 days of the change in residency and comply with all non resident requirements
True
At least one of thee 7 members must be 60 years of age or older
True
Expiration dates for licenses are assigned to be as close to 24 months of licensure as possible and do not exceed 24 months
True
FREC may reinstate the license of an individual whose license has become null and void if the commission determins that the former licensee failed to comply because of illness or economic hardship
True
Florida Real Estate Commission (FREC) is the regulatory body charged by the Florida Legislature with protecting the general public by regulating real estate brokers and brokerage firms, broker associates, and real estate schools, instructors, and fostering the education of real estate licensees and permit holders.
True
Licensees are responsible for notifying the DBPR in writing of their current mailing address, email address, and place of practice
True
Licensees must always notify FREC within 10 days of their change in mailing address; however, licensee have up to 60 days to comply with nonresident requirements
True
Members of U.S armed forces are exempt from the renewal provisions during the licensee's period of active duty and two years after discharge from active duty.
True
Members of the Commission are appointed by the governor, subject to senate confirmation, and are not employees of the DBPR
True
ONce a license becomes null and void, one must retake the 63 hour relicense course and license exam.
True
One commissioner may be a licensed FL sales associate
True
Sharing a commission with or paying a fee to a person not properly licensed under Chapter 475, F.S., is a violation of section 475.25(1)(h)
True
The DBPR must be notified within 10 days when the following occur: A broker changes business address. A real estate school changes business address. A sales associate changes employer; An instructor changes employer.
True
The FL Real Estate Commissions duty to create and pass real estate rules and bylaws is the exercise of quasi-legislative power.
True
The power to grant,deny license applications, revoke licenses and impose administrative fees, also makes determinations of violations fall under Quasi-judicial branch
True
The secretary of the DBPR is appointed by he governor
True
To perform real estate services for another for compensation, the licensee's primary status must state either current or probation
True
a license reverts automatically to involuntary inactive status when a licensee fails to renew an active or voluntary inactive license before expiration date.
True
if a license status is Probation/Active, Probation is the primary status and Active is the secondary status
True
______occurs when a licensee fails to renew an active license before its expiration date
involuntary inactive
After 2 years, a license in involuntary inactive will automatically expire
true
Primary statuses that state null and void or involuntary inactive indicates the licensee may not operate
true
Licensee may be issued a $250- $1,000 administrative fine and be subject to a 30 day suspension to possible revocation of the license for a first violation
true: but this also depends on the case
A licensee who has qualified for a real estate license but voluntarily chooses not to engage in the real estate business during a given period and requests such a change is placed in (blank) status
voluntary inactive status