Arizona Real Estate Code (Brkr, Agent, Recovery Funds) 15 Flashcards
Someone who Performs Real Estate Service for Another
Real Estate Broker -
Someone who Performs Real Estate Service for Another
Chap 15
Person Engaged to Represent a Real Estate Broker
Real Estate Salesperson -
Person Engaged to Represent a Real Estate Broker
Chap 15
AZ Constitution - Article XXVI (26) -
Gives Licensees Aut___ to Prepare All Types of Real Estate C______, but Only When Preparation Incidental to Their Function as Agent (N_ Ch___)
- Statute of Frauds: Contracts in Writing to be Enf______.
- Actual Laws (Articles 1-__, Title 3_, Chapter 2_)
- Commissioner Rules: Not Law but they have F___ and Ef___ of Law on Licensees
- Sub_____ Policy S____- Cl____ ADRE Policies
- Case Law: Legal Cases that Esta______ Law
AZ Constitution - Article XXVI (26) -
Gives Licensees Authoity to Prepare All Types of Real Estate Contracts, but Only When Preparation Incidental to Their Function as Agent (No Charge)
- Statute of Frauds: Contracts in Writing to be Enforced
- Actual Laws (Articles 1-10, Title 32, Chapter 20)
- Commissioner Rules: Not Law but they have Force and Effect of Law on Licensees
- Substantive Policy Stmts: Clarify ADRE Policies
- Case Law: Legal Cases that Establishes Law
Chap 15
What is Not Law but Has Force and Effect of Law?
Commissioner Rules:
Not Law but Has Force and Effect of Law
Chap 15
Established to Clarify ADRE Policies on Statute and Rules?
(SPS) Substantive Policy Statements:
Established to Clarify ADRE Policies on Statute and Rules.
Chap 15
Real Estate Commissioner
- Appointed by G______
- Qualifications: __Yrs Admin and __ Yrs Real Estate
- Cannot hold Real Estate License
Real Estate Commissioner 3/5/No RE License
(Real Estate Code/Article 1 - ADRE) -
- Appointed by Governer
- Qualifications: 3 Yrs Admin and 5 yrs Real Estate
- Cannot hold Real Estate License
Chap 15
(Real Estate Code/Article 1 - ADRE)
Real Estate Commissioner’s duties (PAMI):
- Prom______: Commissioner’s Rules (by Public Process)
- A____: Bo__s/Records of Licensees
- M_____: Daily Op_____ ADRE Dept (hire/fire)
- In______: Compaints Against Licensees
a) Commissioner can Sub____ Docs
b) May Apply to Sup____ Court - Compel Agent Comply with Subpoena
(Real Estate Code/Article 1 - ADRE)
Real Estate Commissioner’s duties (PAMI):
- Promulgate: Commissioner’s Rule (by Public Process)
- Audit: Books/Records of Licensees
- Manage: Daily Operation ADRE Dept (hire/fire)
- Investigate: Complaints Against Licensees
a) Commissioner can Subpoena Docs
b) May Apply to Superior Court - Compel Agent Comply with Subpoena
Chap 15
This falls under what?
Real Estate Advisory Board (10) - (No Money):
- Gov____ Appointed and holds Q____ Mtgs
- RE Brokers __ Members
- Subdividers __ Members
- RE Residential __ Members - in biz last __ yrs
- Multi-Family Res. 1 Member - In biz last 5 yrs
- Public Members __ Members
(Real Estate Code/Article 1 - ADRE)
Real Estate Advisory Board (10) - 2-2-2-1-3 (No Money):
- Governor Appointed and holds Quarterly Mtgs
- Real Estate Brokers 2 Members
- Subdividers 2 Members
- Real Estate Res 2 Members - in biz last 5 yrs
- Multi-Family Res** **1 Members - in biz last 5 yrs
- Public Members 3 Members
Chap 15
Gives the State Right to License Brokers and Sales People.
(Real Estate Code/Article 2 - Licensing)
Police Power -
Gives the State Right to License Brokers and Sales People.
Chap 15
Real Estate Broker: Qualifications: 3in5/90in10
- Licensed in AZ - _yrs - (In past _yrs) - or elsewhere
- Broker License Course - __hrs - (In past 10yrs)
- Pass - Sc____ and S____ Exam
Real Estate Broker: Qualifications: 3in5/90in10
(Real Estate Code/Article 2 - Licensing)
- Licensed in AZ - 3yrs - (In biz past 5yr) - or elsewhere
- Broker License Course - 90 hrs - (In past 10yrs)
- Pass - School/State Exam
Chap 15
Real Estate Broker (Requirements):
- Definite Place of Business or Change of Location - Notify C________
- Failure to Notify Commissioner - Will C____ Broker License/Agent License
- Branch Offices (S______ License) - Managed by Licensed Broker or Agent
- Broker Displays - Broker License and F___ Housing S___
Real Estate Broker (Requirements):
(Real Estate Code/Article 2 - Licensing)
- Definite Place of Business or Change of Location - Notify Commissioner
- Failure to Notify Commissioner - Will Cancel Broker License/Agent License
- Branch Offices (Separate License) - Managed by Licensed Broker or Agent
- Broker Displays - Broker License and Fair Housing Sign
Chap 15
(Real Estate Code/Article 2 - Licensing)
If Broker Cannot Act in 24 hours (Process Is) -
Broker May Designate L_____ or Designated Br____ - for __Days Max
(Real Estate Code/Article 2 - Licensing)
If Broker cannot act in 24 hours (Process Is) -
Broker May Designate Licensee or Designated Broker - For 30 Days Max
Chap 15
(Real Estate Code/Article 2 - Licensing)
Real Estate Salesperson - Qualifications
- __ Yrs old
- Licensing Course - __ Hours (last 10 years)
- Contract Writing Class - __ Hours
- Pass - Sch___ and St____ Exam
- License - Broker Held and Avail for Rev___
- DRE - H___ Form/Sever Form
(Real Estate Code/Article 2 - Licensing)
Real Estate Salesperson - Qualifications
- 18 yrs old
- Licensing Course - 90 hours (last 10 years)
- Contract Writing Class - 6 Hours
- Pass - School/State Exam
- License - Broker Held/Avail for Review
- DRE - Hire Form/Sever Form
Chap 15
Brokers and Salespersons - Can have License Issued To
- Prof_____ Ltd L______ Company (PLLC) or
- Prof______ C______ (PC)
(Real Estate Code/Article 2 - Licensing)
Brokers and Salespersons - Can have License Issued To
- Professional Ltd Liability Company (PLLC) or
- Professional Corp (PC)
Chap 15
(Real Estate Code/Article 2 - Licensing)
Simultaneously Employ with Another Broker
- Cem_____ Broker or
- Mem______ Ca___ground Broker
(Real Estate Code/Article 2 - Licensing)
Simultaneously Employ with Another Broker
- Cemetery Broker or
- Membership Campground Broker
Chap 15
Renewal of Broker Licenses
- Renewed - Every __Years - Last Business Day Activation of Month
- Grace Period - __ Months after Expiration
- Ass Broker/Agent - __ Hrs Cont Ed - Every __ yrs
- Designated/Ass Broker (Deligated Auth) and Self Employed - __ Hrs - Cont Ed - plus __ Broker Mgmt Clinics - Every __yrs
Renewal of Broker Licenses
- Renewed - Every 2 Years - Last Business Day Activation of Month
- Grace Period - 12 months after Expiration
- Ass Broker/Agent - 24 hrs Cont Ed - Every 2 yrs
- Designated/Ass Broker (Deligated Auth) and Self Employed - 30 hrs - Cont Ed - plus 3 Broker Mgmt Clinics - Every 2 yrs
Chap 15
(Real Estate Code/Article 2 - Licensing)
Individuals - (RE License Not Required) -
- Pe____ or C____ Officers who (Buy, Sell, Lease, Rent or Exchange) Their Own Property.
- Attorney-__-F___ - In a Isolated Transaction
- Attorney at L__ - in Perf______ Duties
- BK Court Referee - by C____ Ord____
- Trustee - Selling under D___ of T_____
- Gov______ - in Performance Duties
- Natural Person Acts as Property Manager - O__ Commercial Property
-
Manager - Apts (1 Location During Workday)
- May Receive Perf_____ Bonus
- Bonus Cannot Exceed 1/2 Salary - Only _x Month
9. Broker Admin - Cl____, Ac____, Book____, Ad____
(Real Estate Code/Article 2 - Licensing)
Individuals - (RE License Not Required) -
- Persons or Corp Officers who (Buy, Sell, Lease, Rent or Exchange) Their “Own Property.”
- Attorney-in-Fact - In a Isolated Transaction
- Attorney at Law - in Performance Duties
- BK Court Referee - by Court Order
- Trustee - Selling under Deed of Trust
- Government - in Performance Duties
- Natural Person Acts as Property Manager - One Commercial Property
-
Manager - Apts (1 Location During Workday)
- May Receive Performance Bonus
- Bonus Cannot Exceed 1/2 Salary - Only 1x Month
9. Broker Admin - Clerical, Acctg, Bookkeeper, Admin
Chap 15
Activation of License -
- Broker/Agents Licensed - __ Year from Ex___ Date to Become Licensed under Broker
- License Active For - __Yrs - (From Activation Month end)
- Agent - ___Hr Course/_Hrs Contract Writing
- Broker - __Hr Course/Broker M_____ Clinics
(Real Estate Code/Article 2 - Licensing)
Activation of License -
- Broker/Agents Licensed - 1 year from Examination Date to Become Licensed under Broker
- License Active for - 2 yrs - (From Activation Month End)
- Agent - 90Hr Course/6hrs Contract Writing
- Broker - 90Hr Course/Broker Management clinics
Chap 15
Real Estate Recovery Fund (Facts)
- Per Cause of Action - $__,000 Max
- Per Agent - $__,000 Max
- Lawsuit Filing (Timeline) - __ Years
- Commissioner Notified Lawsuit By - __ Days
- Until Funds Paid Back - Lic___ T____
(Real Estate Code/Article 5)
Real Estate Recovery Fund (Facts) 30-90-5-45:
- Per Cause of Action - $30,000 Max
- Per Agent - $90,000 Max
- Lawsuit Filing (Timeline) - 5 years
- Commissioner Notified Lawsuit By - 45 days
- Until Funds Paid Back - License Terminated
Chap 15
Death of Broker
Sp____, Next of K__, Exe____ - May be Issued __ Day Temp Broker License.
(Real Estate Code/Article 2 - Licensing)
Death of Broker - 90 Day Spouse/Kin/Exec
Spouse, Next of Kin, Executor - 90 Day Temp Broker License.
Chap 15
Broker (All Monies) Immediately In -
- Neutral Es____ Account; OR
- T____ Fund - Fed_____ Insured Dep_____ located in Arizona.
- Brokers in Arizona - “Not Required” to maintain a T_____ A______
(Real Estate Code/Article 3 - Regulation)
Broker (All Monies) Immediately In -
- Neutral Escrow Account; OR
- Trust Fund - Federally Insured Depository located in Arizona
- Brokers in Arizona - “Not Required” to maintain a Trust Account
Chap 15
Trust Account Requirements:
- Deposits Must be Made by D____ Sl__
- Receipts Must Have: (ID Tran_____, D___, A____, Na____)
- Broker’s Name - N___ Not Appear on Receipts
- No Commingling - Cl____ Funds with Brok__ Funds
- Complete Records in M___ Branch Of____
- Per (GAAP): Desc_____ Receipt, Disbur____ Ledger, and Cl____ Ledger
- Broker - Reconcile C____ L____ - Balance M_____
- Remove Interest Earned - Every __ Months
- Not Commingling: If Not in excess $______ Deposits to Keep Trust Account Open.
(Real Estate Code/Article 3 - Regulation)
Trust Account Requirements:
- Deposits Must be made by Deposit Slips
- Receipts Must Have: (ID Transaction, Date, Amount, Names)
- Broker’s Name - Need Not Appear On Receipts
- No Commingling - Clent’s Funds with Broker’s Funds
- Complete Records - In Main Branch Office
- Per (GAAP): Descriptive Receipt, Disbursement Ledger, and Client Journal Ledger
- Broker - Reconcile Client Ledger and Balance- Monthly
- Remove Interest Earned - Every 12 months
- Not Commingling: If Not in excess $3000 Deposits to Keep Trust Account Open.
Chap 15
Trust Account Records and Accounting
- Complete Records in Main Bra___ O____
- Per (GAAP): Desc____ Receipt, Disb_____ Ledger, and Cl____ Ledger
- Broker - Reconcile C____ L____ - Balance Every M_____
- Remove Interest Earned - Every __ Months
(Real Estate Code/Article 3 - Regulation)
Trust Account Records and Accounting
- Complete Records - in Main Branch Office
- Per (GAAP): Descriptive Receipt, Disbursement Ledger, and Client Journal Ledger
- Broker - Reconcile Client Ledger and Balance-Every Monthly
- Remove Interest Earned - Every 12 months
Chap 15
Trust Account Commingling
- No Commingling - Cl____ Funds with Br____ Funds
- Not Commingling: If Not in Excess $______ Deposits to Keep Trust Account Open.
(Real Estate Code/Article 3 - Regulation)
Trust Account Commingling
- No Commingling - Clent’s Funds with Broker’s Funds
- Not Commingling: If Not in Excess $3000 Deposits to Keep Trust Account Open
Chap 15
Trust Account Deposits and Receipts
- Deposits Must be made by D____ Sl__
- Receipts Must Have: (ID Tran_____, D___, A____, N_____)
- Broker’s Name - Need Not Ap___ on Receipts
(Real Estate Code/Article 3 - Regulation)
Trust Account Deposits and Receipts
- Deposits Must be made by Deposit Slips
- Receipts Must Have: (ID Transaction, Date, Amount, Names)
- Broker’s Name - Need Not Appear Receipts
Chap 15
Trust Accounts Receipts shall contain -
- ID each Tr______,
- D___,
- A_____,
- N_____
- Brokers Name - N__ Req____
(Real Estate Code/Article 3 - Regulation)
Trust Accounts Receipts shall contain -
- ID each transaction,
- Date,
- Amount,
- Names
- Brokers Name - Not Required
Chap 15
Trust Accounts (GAAP Requires) - Broker Shall Keep:
- Des_____ Receipt
- Disb______ J_____
- Cl___ L_____
(Real Estate Code/Article 3 - Regulation)
Trust Accounts (GAAP Requires) - Broker Shall Keep:
- Descriptive Receipt
- Disbursement Journal
- Client Ledger
Chap 15
In Trust Accounts - Broker Reconciles “Client Ledgers” how often?
(Real Estate Code/Article 3 - Regulation)
Trust Accounts - Broker Reconcile “Client Ledgers”
- Reconcile Monthly
- Earned Interest - Remove Yearly
Chap 15
In Trust Account How Often Must Broker Remove Interest Earned from Client Ledger Balance?
(Real Estate Code/Article 3 - Regulation)
Trust Account Client Ledger (Remove Interest Earned) -
Every 12 months
Chap 15
Broker Records -
- Broker Records From Closing or Termination - _Yrs
- Earnest Money (C__, Ch___, Prom____ Note) Must State in Purchase Contract.
- Broker Transaction Folders - Chro_____ Log or Other Systematic Manner
Sales Transaction Folders include:
- Monies - Confirmation Ha___ Properly
- Copies: S___ Co____, Es____ Instructions and Receipts, Cl___ St____, List Ag____, Em____ Ag_____
All Contracts - Except Residental Lease Agmt) - Must Be:
- Broker Review - Within __ Business Days.
- Contract Still V___ Even if Broker Fails to Review.
Offers Rejected
- Rejected Offer (Copy/Orig) Must Retain for - _yr
- Binding Offer (Rejected) Must be Kept - __yrs
Broker Records - (Real Estate Code/Article 3 - Regulation) -
- Broker Records From Closing or Termination - 5yrs
- Earnest Money (Cash,Check,Promissory Note) Must State in Purchase Contract.
- Broker Transaction Folders - Chronological Log or Other Systematic Manner
Sales Transaction Folders include:
- Monies - Confirmation Handled Properly
- Copies: Sales Contracts, Escrow Instructions and Receipts, Closing Statements, List Agreement, Employment Agreement
All Contracts - Except Residental Lease Agmt - Must Be:
- Broker Review - Within 10 Business Days
- Contract Still Valid - Even if Broker Fails to Review.
Offers Rejected
- Rejected Offer (Copy/Orig) Must Retain for - 1 yr
- Binding Offer (Rejected) Must be Kept -5 yrs
Chap 15
Broker to Keep Records - Sales Transaction Folder (Requirements):
- Sales C_____,
- Escrow Ins____ and R_____,
- Cl_____ Statments,
- L___ Agreement,
- Em_____ Agreements
(Real Estate Code/Article 3 - Regulation)
Broker to Keep Records - Sales Transaction Folder (Requirements):
- Sales Contracts,
- Escrow Instructions and Receipts,
- Closing Statements,
- List Agreement,
- Employment Agreements
Chap 15
Except for Residential Lease Agreements, All Contracts Must be Reviewed Within ___Days by Broker
(Real Estate Code/Article 3 - Regulation)
Broker Contract Review (Required)
All Contracts (Except Res Lease) - Review in 10 Days.
Chap 15
Rejected Purchase Offer (Orig/Copy) Retained by Broker How Long?
Rejected Purchase Offer (Orig/Copy) Retained -
1 Year
Chap 15
Binding Contract - Rejected Offer must be held for?
(Real Estate Code/Article 3 - Regulation)
Binding Contract Retained (Rejected Offer) -
5 years
Chap 15
Contract for Hiring Broker to Buy or Sell Real Estate for Compensation is called?
Ex: Listing and Buyer Broker Agreements.
(Real Estate Code/Article 3 - Regulation)
Employment Agreements -
Contract for Hiring Broker to Buy or Sell Real Estate for Compensation
Ex: Listing and Buyer Broker Agreements.
Chap 15
Real Estate Recovery Fund (Payouts):
- Recovery Fund Payment - By “C__ Ord__,”
- Pymts (Only After) - “Civ__ J____ Uncollected” Against Agent
- Per Action Cause - $__,000
- Per Agent - $__,000
- License Terminated - Until Fu___ Pa___ Back
(Real Estate Code/Article 5)
Real Estate Recovery Fund (Payouts):
- Recovery Fund Payment - By “Court Order,”
- Pymts (Only After) - “Civil Judgement Uncollected” Against Agent
- Per Action Cause - $30,000
- Per Agent - $90,000
- License Terminated - Until Fund Paid Back.
Chap 15
Activation of License -
- Broker/Agents Licensed - __year from Exam Date to become Licensed under Broker
- License Active for - __yrs - (From Activation Month End)
(Real Estate Code/Article 2 - Licensing)
Activation of License -
- Broker/Agents Licensed - 1 year from Examination Date to become Licensed under Broker
- License Active for - 2 yrs - (From Activation Month End)
Chap 15
Employment Agreements (Requirements) -
- Be Written in Unam______ (One Interpretation) Language
- Mat____ Fa___ - Set Forth All
- Dur_____ - Inception / Ex_____ dates
- Signed - by A_ P____
(Real Estate Code/Article 3 - Regulation)
Employment Agreements (Requirements) -
- Be Written in Unambiguous (One Interpretation) Language
- Material Facts - Set Forth All
- Duration: Inception / Expiration dates
- Signed - By All Parties
Unambigous - Not Open to More Than One Interpretation
Chap 15
Actions by Agents to Collect Compensation
- In AZ C____ Court Ac____ - Used to “Collect Comp______,” but Agent Must Prove They Were Licensed.
- Commissioner S___ Not Entertain Complaints Regarding Civil Disputes for “Collecting C_______.”
(Real Estate Code/Article 3 - Regulation) .
Actions by Agents to Collect Compensation
- In Arizona Civil Courts Action - Used To “Collect Compensation,” but Agent Must Prove They Were Licensed.
- Commissioner - Shall Not Entertain Complaints for “Collecting Compensation.”
Chap 15
Denial, Suspension, or Revocation of Licenses
- Statute - __ Reasons License can be D_____.
- If Disciplinary Action - Agent May used an A_____.
- Commissioner May Issue C__ and D___ Or___ to Someone Found Violating any “Act, Practice or Transaction“ Required by Statute of Commissioner’s Rules.
(Real Estate Code/Article 3 - Regulation)
Denial, Suspension, or Revocation of Licenses
- Statute - 30 reasons License can be Denied.
- If Disciplinary Action - Agent May Use an Attorney
- Commissioner**“**Cease and Desist Order” to Someone found Violating any “Act, Practice or Transaction” Required by Statute of Commissioner’s Rules.
Chap 15
Issued by Commissioner if Someone is Found Violating any “Act, Practice or Transaction,” Required by Statue of Commissioner’s Rules?
(Real Estate Code/Article 3 - Regulation) -
Cease and Desist Order
Issued by Commissioner if Someone is Found Violating any “Act, Practice or Transaction,” Required by Statue of Commissioner’s Rules
Chap 15
MAY NOT Perform Real Estate Services unless They Enter into a Written Cooperation Agreement with a AZ Broker Who Will Take Liability for Their Real Estate Services.
(Real Estate Code/Article 3 - Regulation) -
Out-of State Brokers -
MAY NOT Perform Real Estate Services unless They Enter into a Written Cooperation Agreement with a AZ Broker Who Will Take Liability for Their Real Estate Services.
Chap 15
Real Estate Brokers (Compensation)
Can Real Estate Brokers Receive Compensation From Anyone?
Real Estate Brokers Pay:
- Their Own A____ and Ass____ B_____
- Other Li___ Designated Br_____
(Real Estate Code/Article 3 - Regulation)
Real Estate Brokers (Compensation)
- Yes - Brokers Can Receive Compensation from Anyone
Real Estate Brokers Pay:
- Their Own Agents and Associated Brokers
- Other Licensed Designated Brokers
Chap 15
Can Real Estate Agents or Associate Brokers Pay Anyone One?
(Real Estate Code/Article 3 - Regulation)
Real Estate Agents / Associate Brokers (Pay) -
NO ONE!!!
Chap 15
Denial, Suspension, or Revocation of licenses
- Statute - __ Reasons License can be D_____.
- Disciplinary Action - Agent May used an Att_____.
- Commissioner C__ and D___ Or___ - May Issue To Someone found Vio_____ any “A__, Prac____ or Tr________” Required By Statute of Commissioner’s Rules.
(Real Estate Code/Article 3 - Regulation)
Denial, Suspension, or Revocation of licenses
- Statute - 30 Reasons License can be Denied.
- Disciplinary Action - Agent May Use an Attorney
- Commissioner “Cease and Desist Order” - To Someone found Violating any “Act, Practice or Transaction” Required By Statute of Commissioner’s Rules.
Chap 15
Restrictions on Compensation
Escrow Companies (Disburse Commissions) by:
Only by Br____’s Instructions May Commission be Disbursed to Agents and Associate Brokers Directly.
(Real Estate Code/Article 3 - Regulation) - Restrictions on Compensation
Escrow Companies (Disburse Commissions) by:
Only by Broker’s Instructions May Commission be Disbursed to Agents and Associate Brokers Directly.
Chap 15
Can an Unlicensed Person Receive a Commission?
(Real Estate Code/Article 3 - Regulation)
Unlicensed Person Commission -
CANNOT RECIEVE A COMMISSION!!!!!
Chap 15
An Unlicensed Person Acting as a Licensee is Guilty of what?
(Real Estate Code/Article 3 - Regulation)
Unlicensed Person (Act as Licensee) -
GUILTY OF FELONY!!!
Chap 15
Renewal License (Cont Ed Required)
- Ass Broker/Agent - __ hrs Cont Ed - Every __ yrs
- Designated/Ass Broker (Delegated Auth) and Self Employed - __ hrs - Cont Ed - plus __ mgmt clinics - Every __yrs
(Real Estate Code/Article 2 - Licensing)
Renewal License (Cont Ed Required) -
- Ass Broker/Agent - 24 hrs Cont Ed - Every 2 yrs
- Designated/Ass Broker (Delegated Auth) and Self Employed - 30 hrs - Cont Ed - plus 3 mgmt clinics - Every 2 yrs
Chap 15
Unlicensed Assistants (Requirements) -
- Licensed Broker - May Em___ Unlicensed Assts
- Duties that Require License - May Not be P_____
- On Sale of Property - M__ N__Be Compensated
- Sub______ Policy Statement (SPS) - Regulates Activities of Unlicensed Assts
(Real Estate Code/Article 3 - Regulation)
Unlicensed Assistants (Requirements) -
- Licensed Broker - May Employ Unlicensed Asst
- Duties (Require License) - May Not be Perform
- On Sale of Property - MAY NOT Be Compensated
- Substantive Policy Statement (SPS) - Regulates Activities of Unlicensed Asst
Chap 15
Real Estate Recovery Fund:
Protect Parties Harmed Due to R____ on an Agent Where Agent:
- Acts (Requiring License) - Performed with N_ Li____
- Fr___ or Misr_______ (Committed) - While Acting as a Principal in the Purchase or Sale of Real Estate.
(Real Estate Code/Article 5)
Real Estate Recovery Fund:
Protect Parties Harmed Due to Relying on an Agent Where Agent::
- Acts (Requiring License) - Performed with No License
- Fraud/Misrepresentation (Committed) - While Acting as a Principal in the Purchase or Sale of Real Estate.
Chap 15
Real Estate Recovery Fund (Agent Lawsuit Requirements) -
- Lawsuits filed - Within _ yrs
- Commissioner Must be Notified - Within __Days of Filing Lawsuit
(Real Estate Code/Article 5)
Real Estate Recovery Fund (Agent Lawsuit Requirements) - 30/90/5/45
- Lawsuits filed - Within 5 yrs
- Commissioner Must Be Notified - Within 45 days of Filing Lawsuit
Chap 15
Activation of License (School Required)
- Agent - ___hr Course/_hrs Contract Writing
- Broker - __hr Course/Broker M_____ Clinics
(Real Estate Code/Article 2 - Licensing)
Activation of License (School Required) -
- Agent - 90hr Course/6hrs Contract Writing
- Broker - 90hr Course/Broker management clinics
Chap 15
Real Estate Recovery Fund (Payouts):
- Recovery Fund Payment - By “C__ Or__,”
- Pymts (Only After) - “C___ J____ Uncollected” Against Agent
- Per Action Cause - $__,000
- Per Agent - $__,000
- License Terminated - Until F___ P___ B___
(Real Estate Code/Article 5)
Real Estate Recovery Fund (Payouts):
- Recovery Fund Payment - By “court order,”
- Pymts (Only After) - “Civil Judgement Uncollected “ Against Agent
- Per Action Cause - $30,000
- Per Agent - $90,000
- License Terminated - Until Fund Paid Back.
Chap 15
AZ Constitution - Article _____ -
Gives Licensees Authority to Prepare All Types of Real Estate Contracts, but Only When Preparation Incidental to Their Function as Agent (No Charge)
- Statute of Frauds: Contracts in Writing
- Actual Laws (Articles 1-10, Title 32, Chapter 20)
AZ Constitution - Article XXVI (Article 26) -
Gives Licensees Authority to Prepare All Types of Real Estate Contracts, but Only When Preparation Incidental to Their Function as Agent (No Charge)
- Statute of Frauds: Contracts in Writing
- Actual Laws (Articles 1-10, Title 32, Chapter 20)
Chap 15
Real Estate Recovery Fund (Facts):
- Per Cause of Action - $__,000 max
- Per Agent - $__,000 max
- Lawsuit Filing (Timeline) - __ years
- Commissioner Notified Lawsuit By - __ days
- Until Funds Paid Back - Lic___ T____
(Real Estate Code/Article 5)
Real Estate Recovery Fund (Facts):
- Per Cause of Action - $30,000 max
- Per Agent - $90,000 max
- Lawsuit Filing (Timeline) - 5 years
- Commissioner Notified Lawsuit By - 45 days
- Until Funds Paid Back - License Terminated
Chap 15
(Real Estate Code/Article 2 - Licensing)
Real Estate Broker Qualifications:
- Licensed in AZ - __yrs Expertise - (In biz past __yr) - or elsewhere
- Broker License Course - 90 hrs - (In past ___yrs)
- Pass - School/State Exam
(Real Estate Code/Article 2 - Licensing)
Real Estate Broker Qualifications:
- Licensed in AZ - 3yrs Expertise - (In biz past 5yr) - or elsewhere
- Broker License Course - 90 hrs - (In past 10yrs)
- Pass - School/State Exam
Chap 15
(SPS) Subst______ P____ Statements
Established to clarify ADRE policies on Statute and Rules and Regulate Activities of Unlicensed Assistants?
(SPS) Substantive Policy Statements:
Established to clarify ADRE policies on Statute and Rules and Regulate Activities of Unlicensed Assistants
Chap 15
Real Estate Recovery Fund (Licenses):
- License Automatically Terminated - Upon Pay__ of Fu___s.
- Licenses Reinstated - after F___ P__ B__ with interest.
- Licensee Claim against Recovery Funds.- C____ Be Made
(Real Estate Code/Article 5)
Real Estate Recovery Fund (Licenses):
- Licenses Automatically Terminated - Upon Payout of Funds.
- Licenses Reinstated - after Funds Paid Back with Interest
- Licensee Claim against Recovery Funds.- CANNOT BE MADE
Chap 15
Real Estate Recovery Fund (Below $600,000 on June 30th):
When Originating/Renewing License, if Funds Dip Below $600K on June 30th, fees are:
- Broker pays $___
- Salesperson pays $__
(Real Estate Code/Article 5)
Real Estate Recovery Fund (Below $600,000 on June 30th): B20/A10
When Originating/Renewing License, if Funds Dip Below $600K on June 30th, fees are:
- Broker pays $20
- Salesperson pays $10
Chap 15
AZ Constitution - Article ____
Gives Licensees Authority to Prepare All Types of Real Estate Contracts, but Only When Preparation Incidental To Their Function as Agent (No Charge)
- Commissioner Rules: Not Law But They Have Force and Effect of Law on Licensees
- Substantive Policy Stmts: Clarify ADRE Policies
- Case Law: Legal Cases that Establishes Law
AZ Constitution - Article XXVI (Article 26) -
Gives Licensees Authority to Prepare All Types of Real Estate Contracts, but Only When Preparation Incidental To Their Function as Agent (No Charge)
- Commissioner Rules: Not Law But They Have Force and Effect of Law on Licensees
- Substantive Policy Stmts: Clarify ADRE Policies
- Case Law: Legal Cases that Establishes Law
Chap 15
Someone who Requires No Real Estate License, Holds a Specific Power of Attorney and
Acting in a “Isolated Transaction” is called?
Attorney in Fact -
Someone Who Requires No Real Estate License, holds a Specific Power of Attorney and Acting in a “Isolated Transaction”
Chap 15
Group of Licensees, Headed by a Lead Agent, that Works for a Brokerage Company. They Market Themselves but Must Include Broker’s Company Name in All Marketing.
Real Estate Team -
Group of Licensees, Headed by a Lead Agent, that Works for a Brokerage Company. They Market Themselves but Must Include Broker’s Company Name in All Marketing.
Chap 15
Activation and Renewal of License (School Req’d)
- Agent - ___hr Course/_hrs Contract Writing
- Broker - __hr Course/Broker M_____ Clinics
- Ass Broker/Agent - __ hrs Cont Ed - Every __ yrs
- Designated/Ass Broker (Delegated Auth) and Self Employed - __ hrs - Cont Ed - plus __ mgmt clinics - Every __yrs
(Real Estate Code/Article 2 - Licensing)
Activation and Renewal of License (School Req’d) -
- Agent - 90hr Course/6hrs Contract Writing
- Broker - 90hr Course/Broker management clinics
- Ass Broker/Agent - 24 hrs Cont Ed - Every 2 yrs
- Designated/Ass Broker (Delegated Auth) and Self Employed - 30 hrs - Cont Ed - plus 3 mgmt clinics - Every 2 yrs
Chap 15
Activation of License -
- Broker/Agents Licensed - __Year From Date of Ex____ to Become Licensed Under Broker
- License Active for - __Yrs - (From Activation Month End)
(Real Estate Code/Article 2 - Licensing)
Activation of License -
- Broker/Agents Licensed - 1 Year From Date of Examination to Become Licensed Under Broker
- License Active For - 2 Yrs - (From Activation Month End)
Chap 15
Broker Sign At Offices
Must Have a Sign at The “E_______” to the Broker’s O____. If the Broker Changes Lo____ the Sign Must be Rem_____ Immediately
Broker Sign At Offices
Must have a Sign at the “Entrance” to the Broker’s Offices. If the Broker Changes Locations the Sign Must be Removed Immediately
Chap 15
AZ Constitution - Article ___ -
Gives licensees “Aut___” to Prepare All Types of Real Estate C______, but Only When Preparation Incidental To Their Function as Agent (N_ Ch___)
- Statute of Frauds: Contracts in Writing to be Enf______.
- Actual Laws (Articles 1-__, Title 3_, Chapter __)
- Commissioner Rules: Not Law but They Have F___ and Ef___ of Law on Licensees
- Sub_____ Policy S____- Clarify ADRE Policies
- Case Law: Legal Cases that Est______ Law
AZ Constitution - Article XXVI (Article 26) -
Gives licensees “Authority” to Prepare All Types of Real Estate Contracts, but Only When Preparation Incidental to Their Function as Agent (No Charge)
- Statute of Frauds: Contracts in Writing to Enforce
- Actual Laws (Articles 1-10, Title 32, Chapter 20)
- Commissioner Rules: Not Law but They Have Force and Effect of Law on Licensees
- Substantive Policy Stmts: Clarify ADRE Policies
- Case Law: Legal Cases that Establishes Law
Chap 15
Real Estate Broker: Qualifications:
- Licensed in AZ - _yrs - (In past _yrs) - or elsewhere
- Broker License Course - __hrs - (In past 10yrs)
- Pass - Sc____ and S____ Exam
(Real Estate Code/Article 2 - Licensing)
Real Estate Broker: Qualifications: 3in5/90in10
- Licensed in AZ - 3yrs - (In biz past 5yr) - or elsewhere
- Broker License Course - 90 hrs - (In past 10yrs)
- Pass - School/State Exam
Chap 15