CH 2 CA State Department of RE Flashcards

1
Q

What is the DRE’s mission?

A

To protect the public in real estate transactions and provide related services to the real estate industry.

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2
Q

Who enforces CA real estate laws and real estate licensing laws?

A

the DRE

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3
Q

The revenue necessary to operate the DRE is derived from where?

A

fees charged for real estate licenses, subdivision public reports, and other permits

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4
Q

District offices are located in what five cities?

A

Sacramento, Fresno, Los Angeles, Oakland, and San Diego

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5
Q

What is police power?

A

the right of the sate to enact and enforce laws for the safety of the public

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6
Q

The CA legislature used policy power to create what position?

A

the Commissioner

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7
Q

Who appoints the CA Commissioner?

A

the governor

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8
Q

Who is given power to issue regulations?

A

the Commissioner

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9
Q

What is the Commissioners responsibility/ mission?

A

to enforce RE laws and Subdivided Land Laws in a way to offer max protection for the consumer

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10
Q

The Commissioner’s principal office is located in what city?

A

Sacramento

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11
Q

In a situation where an action is brought against the Commissioner, who will act as their attorney?

A

the Attorney General

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12
Q

If a broker compensated a non licensed person for real estate acts in which need a license to be perform, what is the broker guilty of?

A

a misdemeanor and may be fined by the courts

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13
Q

Salespersons’ licenses must be available for inspection where?

A

in the broker’s main office

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14
Q

Who can a salesperson be compensated/ paid by?

A

only by the broker who employees them, NO one else can compensate them

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15
Q

How long does the sales person license last?

A

4 years

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16
Q

What is a DBA?

A

a fictional business name

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17
Q

A Corporation Change Application is used when?

A

when there is a change in a corporations name

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18
Q

When is a Salesperson Change Application (RE 214) used?

A

when there is a change of salesperson

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19
Q

When is a Corporation Change Application used?

A

If there is a change in the location of the main office or the mailing address

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20
Q

How can you obtain forms from the DRE?

A

at any DRE office or by writing the main office in Sacramento

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21
Q

Where can an application for an exam or license be given to?

A

any DRE office or mailed to Sacramento

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22
Q

A license application must be submitted along with?

A

license fee, completed fingerprint card, and finger print processing fee

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23
Q

What form does a broker applicant use if they were a real estate salesperson in another state?

A

RE 226 Employment Verification

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24
Q

What form does a broker applicant use if they were a broker in another state?

A

RE 228 Employment Certification ; two parties who can verify employment must fill out the form

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25
A corporation may be licensed as a real estate broker if…
at least one officer of the corporation is a qualified real estate broker willing to act as the corporation's responsible designated broker-officer.
26
EACH broker who is to act for and on behalf of a corporation as a broker-officer must submit what?
a completed Corporation License Application
27
If a broker or salesperson applicant changes his/her address, employer, criminal history or license history after applying, he must file what?
an amended supplement setting forth the current information with the Commissioner
28
Who is exempt from fingerprint requirements?
someone who is either currently licensed by the DRE OR who has held a real estate license that expired less than two years ago
29
What is the DOJ's Live Scan Program?
program where RE applicant submit fingerprints through
30
All California real estate licenses are issued for a period of how many years?
four years
31
Where can a person find current info on education requirement for license renewals?
by contacted the DRE’s Licensing Information Section OR obtain a copy of “Instructions to License Applicants” from any DRE office
32
What is a Continuing Education Course Verification (RE 251) form used for? When can it be sent to the DRE?
to verify completion of continued education requirements for license renewal AND no earlier than 60 days before license is set to expire
33
Who is exempt from continuing education requirements for license renewal?
individuals who have been licensed in good standing for 30 years continuously in CA AND who is also 70 years +
34
The application for license renewal must be postmarked when?
prior to midnight of the expiration date of the current license
35
How long after a license expires, does a sales person have to renew it before having to re take the exam?
2 years
36
What does Section 11350.6 of the Welfare and Institutions Code state?
that the DRE may NOT issue or renew a full-term license if the applicant is not paying child support
37
What is Non-Working Status?
when a salesperson holds a license but is not employed by a broker, they can not perform RE activities until employed
38
Where can a person find the up to date fees for licenses and exams?
any DRE district office OR at the DREs website
39
Are fees for license and exams refundable?
NO they are not refundable
40
Prepaid Rental Listing Services can not…?
negotiate rent contracts or perform activities that require a RE license
41
Is there an exam for individual to obtain the 2-year PRLS license?
no exam
42
What is a Prepaid Rental Listing Service (PRLS)?
supplying prospective tenants with listings of residential real property for rent for a fee
43
A broker engaged in activities requiring a license must maintain what?
an office or definite place of business
44
What must be available for inspection at a brokers main office?
brokers license and employed salespersons licenses
45
If a broker changes their main office address, they must notify the DRE no later than the next business day using what application?
Broker Change Application (RE 204) or Corporation Change Application (RE 204A)
46
What is required for each additional business location a broker obtains?
a branch office license
47
How can a branch office location be added or deleted?
using a Branch Office Application (RE 203)
48
An individual or corporate broker can operate under a fictitious business name after who issues a license bearing the fictitious name?
the DRE
49
Where do out of state applicants pay the finer printing fee?
to the DRE with application
50
What is the fee for replacing a lost license?
$15
51
What are the broker and salesperson late renewal fees (with in two years of application)?
broker - $450 | salesperson - $367
52
What is the fee to obtain an updated license after a change of address or employing broker?
$15
53
How much is a corporate license fee?
$300
54
How much is a late renewal fee for a corporate license?
$450
55
If a broker has multiple fictitious names, the brokers main office license must display…?
all the fictitious names
56
When does an FBNS (which is filed with the county clerk) expire?
at the end of five years from Dec 31 of the year it was filed
57
What are the Commissioners REGULATIONS a part of?
The California Administrative Code
58
What is he California Real Estate LAW and where can it be found?
regulates licensing and subdivisions in CA AND found in the Business and Professions Code
59
Who has the authority to investigate the actions of any person engaged in activity that requires a real estate license?
The Commissioner
60
If your fingerprints reveal you have a prior conviction, what action is usually taken?
a formal hearing to determine if the applicant meets the requirements of honestly and good reputation
61
An investigation of a licensee is based upon what?
a written statement from a person who believes they were wronged by a salesperson or broker
62
Once a real estate broker license is revoked or suspended, the licenses of every real estate salesperson in the broker's employ are what?
automatically canceled, those salespersons may transfer their licenses to a new employing broker
63
When a salesperson is terminated by an employing broker for a violation of Real Estate Law, the employing broker must immediately file a what?
a certified written statement of the facts with the DRE
64
If a broker does not engage in licensed activities in California, the broker must file what?
an Out of State Broker Acknowledgment (RE 235)
65
Brokers who engage in licensed activities in California are required to maintain what?
a California business address
66
Those license applicants or licensees who are out of state residents and wish to act as real estate licensees in the State of California must file a signed and notarized what?
Consent To Service of Process (RE 234)
67
How does a licensee change their address with the DRE?
by filling a change of address notification * broker uses RE 204 * salesperson used RE 214
68
Salespersons must keep their employing broker’s what on file?
principal place of business address
69
To receive compensation from the Recovery Fund, an application must be filled within how many years of the final judgment?
within one year
70
What is the Recovery Fund?
account used as a last resort to pay consumers who suffered financial loss due to a licensee acting in the capacity of an agent who committed intentional fraud or conversion of trust funds
71
20% of the RE General Fund is divided as followed…
a. 8% for the real estate education and research fund | b. 12% for the Recovery Fund
72
What is the Real Estate General Fund?
an account that holds ALL the money collected from license and exam fees, and is used for the operating expenses of the DRE
73
What is the quarterly Real Estate Bulletin?
published by the DRE, distributed to all brokers and salespersons, it is intended for the education of licensees by keeping them informed of the latest administrative provisions
74
Advertising of acts that require a license must contain a designation disclosing stating what?
that licensee is performing such acts
75
Broker must cause notice of sales price to be given to both buyers and sellers within how many month after the sale is completed?
1 month
76
Licensee must give a copy of any contract to the party signing it when?
at the time of signing
77
All listings, deposit receipts, cancelled checks, trust records, etc. are required to be available for inspection for how long?
for a three-year period
78
If the Commissioner pays a claim against a licensee from the Recovery Account, what happens?
automatic suspension of real estate licensee AND the license may not be reinstated until they reimburse the fund fully plus interest
79
Who has the authority to adopt regulations to aid in the administration and enforcement of the Real Estate Law and the Subdivided Lands Law?
the Commissioner
80
The Real Estate Law book, published by the DRE, contains what?
the Real Estate Law, Subdivided Lands Law, Commissioner’s Regulations, and pertinent excerpts from the California codes
81
If a person gets their license revoked, how long must they wait till they can apply for reinstatement?
one year
82
Section 10176 of The Code is the legal guideline for individuals who?
are acting as an agent and who hold a license
83
Section 10177 of The Code is the legal guidelines for individuals who?
are NOT acting as an agent and hold a license