Set 1_ Do-Not-Call / CAN SPAM / Lead based pain / Radon

Buyers of houses built before 1978 must be given how many days from the date a purchase contract is finalized to have the property inspected for lead based pain? a) 20 days b) 15 days c) 10 days d) 5 days

c) 10 days

If a consumer who is on the DO NOT CALL registry, calls a real estate company's office with a question about a property. How long can a license from this company continue to call the consumer with information about other properties, assuming no transaction occurs between the parties? a) 31 days b) 12 months c) 3 months d) Never

c) 3 months A business can continue to call for three months following an inquiry, if the consumer did not request to be placed on the the company's own do-not-call list

Any opt-out mechanism you offer must be able to process opt-out for at least ____________days after you send your message a) 15 days b) 10 days c) 30 days d) 90 days

c) 30 days

Exemption to the Do-Not-Call list:

1) You have an established business relationship with the consumer. Under or have been under contract for 18 months. 2) Written permission from the consumer 3) Personal relationship wth the consumer

This statement is correct about Do Not Call

A license can call his own expired listings for up to 18 months following expiration of the listing without checking the federal registry.

CAN-SPAM

Controlling Assault of Non Solicited Pornagraphy And Marketing Act of 2003

How often is a company required to scrub it's no call list against the National Do-Not-Call registry? a) Every 31 days b) Every 15 days c) Quarterly d) Annually

Every 31 days

Lead paint can still be present under layers of newer paint. True or False

True

To protect your family from lead-based paint in your house, be sure to keep all paint in excellent shape and clean up dust frequently. True or False

True If living in a house built before 1978 ongoing maintenance should be a high priority to prevent chipping, peeling or other deterioration of the paint.

It can be a violation of the CAN SPAM act of 2003 to send one commercial email to a prospect. a) True - you cannot get away with anything these days b) False - One email is not considered spam c) True-CAN SPAM does not put any minimum on how many emails need to be included in broadcast, even one single email sent to one email address is covered by the act d) False - CAN SPAM only applies to bulk emails sent

True-CAN SPAM does not put any minimum on how many emails need to be included in broadcast, even one single email sent to one email address is covered by the act

Is there a charge for entering a phone number into the Do Not Call registry?

Yes

If a telemarketer disobeys the Do Not Call Law, how much can they be fined for each call?

$11,000

Who cannot bring a lawsuit for violating of the National Do Not Call Registry rules? a) State Government b) Consumers c) A telephone company d) Federal Government

A telephone company

What types of organizations are exempt from "do not call" restrictions? a) Political organizations b) Charities c) Survey takers d) All of the above

All of the above

Radon

IS a naturally occurring colorless, orderless, and radioactive gas present in all soils and ground water. It enters hoes through cracks and openings in the foundation. Accumulates in large quantities in a house and can cause cancer. Some parts of the country have more concentration in the soil than others.

All of the following information must be included in a header except: a) A physical address must be reset in the header b) The "From" and 'Reply to" must identify the person or business who initiated the message. c) Accurate information in the "From" section d) Subject lines cannot be deceptive

a) A physical address must be present in the header A physical address must be included in the footer, not the header

A salesperson sends current and past clients monthly electronic newsletter. In the newsletter, the salesperson promotes her real estate services and requests both referral business as well as new business from the client's. A newsletter like this is: a) Evaluated on a message-by-message basis to determine whiter the primary purpose of the newsletter is commercial. b) Subject to CAN SPAM because to contains commercial content c) Not subject to CAN SPAM because it has no commercial content d) Not a commercial e-mail and so is outside the parameters of CAN SPAM

a) Evaluated on a message-by-message basis to determine whiter the primary purpose of the newsletter is commercial.

State e-email laws are: Pre-empted- take action in order to prevent a) Pre-empted (take action in order to prevent) by CAN-SMAM b) Not pre-empted by CAN SPAM because state laws always take precedence over federal laws c) Not pre-empted by CAN-SPAM and are still in effect d) Pre-empted by CAN SPAM, except for requirements about subject line labeling of e-mails

a) Pre-empted by CAN-SMAM

A consumer does not want to receive telemarketing calls from licensees. What are the consumer's options? a) Register both their home land-line phone and their mobile phone at no cost b) Register their home land-line phone for free and pay a small fee to add their mobile phone. c) Pay a one time fee to register the land-line at their home and then their mobile phone can be added at no cost. d) Register both their home land-line phone and their mobile phone at no cost as long as they are from the same area code.

a) Register both their home land-line phone and their mobile phone at no cost

A salesperson gathers consent from all of her clients so she can send emails to them. By gaining consent, which of the following requirements do not have to be met: a) The email must be clearly and conspicuously labeled as an advertisement or solicitation. b) The email must contain an opt-out mechanism that is operational for a t least 30 days following the sending of the email. c) The e-mail must contain a valid physical postal address d) The email must contain an opt-out mechanism

a) The email must be clearly and conspicuously labeled as an advertisement or solicitation.

Buyers of a house built in 1080 have asked the sellers to allow a 10 day period from the date the contract is finalized to have the property inspected for the pretenses of lead0base paint. All of the following statements apply to this situation EXCEPT: a) The seller refused to allow the buyers to inspect for lead-based paint because they feel like a general house inspection is sufficient. b) The seller Can allow this if they want to, but only house built before 1978 are in jeopardy of having lead paint in the house c) Paint manufactures removed led from paint in 1978 d) If the buyers are working with a real estate license, the licensee would inform them that this is an unnecessary inspection.

a) The seller refused to allow the buyers to inspect for lead-based paint because they feel like a general house inspection is sufficient.

Angela Harrington listed her house with Jennifer, a broker for Get It Right Realty. The listing began on June 10th and was for a three month period. When the property didn't sell, Angela was really discouraged and did not re-list the property with Jennifer. About every six months, Jennifer calls Angela to see if she is interested in listing the property again. Is it okay for Jennifer to call Angela, since Angela's phone number is on the Do Not Call registry? a) Yes as long as it is within the eighteen month per following September 10th b) No because if Angela told Jennifer "N0" it is rude to keep calling every six months c) No because Angela's phone number is on the DO NOT CALL list s once the listing is over Jennifer cannot call Angela d) Yes as long as it is within the eighteen month period following June 10th

a) Yes as long as it is within the eighteen month per following September 10th

Julia is a single woman and is interested in buying a house. She is looking at houses in an old neighborhood. Most of the houses were built in the 1960's. Does the licensee that she is working with need to give he a pamphlet titles "Protect Your Family From Lead in Your Home?" a) Yes if the house that she decided to buy is built before 1978 b) Yes, regardless of which house that she buys because the entire neighborhood is older c) No this pamphlet is only necessary when buying a house built before 1960' d) No this pamphlet is not necessary because Julia is a single woman and does not have children.

a) Yes if the house that she decided to buy is built before 1978

Mary Jones registered her phone number on the DO NOT CALL list several years ago. She has had her house listed with Fred Cox who works for Really Good Real Estate Company. The listing was for three months and was signed on February 5th. Unfortunately, the house did not sell during the listing period, so Mary decided to take the house off the market for awhile. In April of the next year, Fred called her to see if she was interested in putting the property back on the marker because the real estate market has picked up. Is it okay for him to call Mary about re-listing her property? a) Yes, because Fred is calling Mary within the 18 months allowed by the DO NOT CALL registry legislation b) No because Maru's number is on the DO NOT CALL registry and Fred's listing contract ended over a year ago. c) No, Because Mary's number is on the DO NOT CALL registry and Fred's listing contract is over d) Yes, because Fred is just checking to see if she is still interested in selling her house since real estate is selling better than the previous year.

a) Yes, because Fred is calling Mary within the 18 months allowed by the DO NOT CALL registry legislation

A broker sends emails to buyer-clients (with whom he has a written representation agreement) when a new listing enters the MLS that meets the buyers' search criteria. These emails do not need to comply with CAN SPAM. Why? a) These messages are not commercial email subject to CAN SPAM b) These are transactional or relationship message. c) The broker has an "established business relationship" with the buyer clients d) The clients have consented to receive the emails

b) These are transactional or relationship message.

Why would a company have a similar DO NOT CALL list that is in addition to the government DO NOT CALL registry? a) It gives idle agents something to do b) This allows a company's agents and employees to know of consumers that have specifically asked not to be called by representatives of that company. c) This allows a company to fully comply with the DO NOT CALL implementation Act of 2003 d) A company DO NOT CLL list accumulates a directory of disgruntled customers and clients

b) This allows a company's agents and employees to know of consumers that have specifically asked not to be called by representatives of that company.

How is a phone number removed from the DO NOT CALL registry? a) Phone numbers are removed when it's disconnected b) Phone numbers are removed when it's reassigned to a new consumer c) Phone numbers are removed when consumer asked that it be removed d) All of these answers are correct

d) All of these answers are correct

You must include a phone number in all commercial emails. a) False, a phone number is to private to provide to the public b) True, all of your contract information must be provided to the consumer c) True, this is a provision of the CAN SPAM Act d) False, this is not a provision of the CAN SPAN Act

d) False, this is not a provision of the CAN SPAN Act

Is a mortgage company allowed to call existing customers to solicit them for a refinance opportunity? a) No, because a borrower is not current customer of the mortgage company b) No, because the DO NOT CLL requires a current contract to be signed c) Yes, as long as it is within the 18 month window that the DO NOT CALL law allows d) Yes because the mortgagors are current customers under contract with the mortgage company

d) Yes because the mortgagors are current customers under contract with the mortgage company