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Real Estate > Ch. 6 Complaints, Violations, and Penalties > Flashcards

Ch. 6 Complaints, Violations, and Penalties Flashcards

This chapter details the step-by-step procedures for investigations and hearings via the complaint process. The chapter describes many types of violations of the laws and rules governing real estate activities and the possible consequences that may result. Finally, the Real Estate Recovery Fund is explained regarding its function when damages are suffered in a real estate transaction owing to a wrongful act of a Florida licensee.

1
Q

An outlined of allegations of facts and charges against the licensee.

A

administrative complaint

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2
Q

Statements of alleged violations and the penalties to be imposed.

A

citation

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3
Q

Formal allegation or charge.

A

complaint

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4
Q

A person who makes an allegation or a charge against another (the respondent). (see also plaintiff.)

A

complainant

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5
Q

The governmental entity that hears all formal hearings resulting from an administrative complaint against a licensee.

A

Division of Administrative Hearings (DOAH)

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6
Q

A decision rendered by the FREC.

A

final order

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7
Q

An outline of the charges against a licensee that must be answered within the statutory time limit.

A

formal complaint

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8
Q

A session in which testimony and arguments are presented, especially before an official.

A

formal hearing

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9
Q

A respondent who does not dispute allegations of material fact in the administrative complaint may request an informal hearing before the FREC for final action on the complaint.

A

informal hearing

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10
Q

A complaint that contains facts indicating that a violation has occurred of a Florida statute, a DBPR rule, or a FREC rule.

A

legally sufficient

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11
Q

Issued by the DBPR in the case of a minor rule violation that does not endanger the public health, safety, and welfare.

A

notice of noncompliance

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12
Q

Reasonable grounds or justification for prosecuting.

A

probable cause

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13
Q

A determination by an administrative law judge that includes findings and conclusions as well as other information required by law or agency rule to be in a final order.

A

recommended order

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14
Q

An agreement as to the penalty reached between the attorneys for the DRE and the licensee or licensee’s attorney.

A

stipulation

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15
Q

A writ or order commanding the person named to appear and testify in a legal proceeding.

A

subpoena

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16
Q

Emergency or immediate action against a license to protect the public.

A

summary suspension

17
Q
  1. The probable-cause panel includes
    a. a total of two members.
    b. at least one professional member.
    c. at least one current member.
    d. all of the above.
A

D

18
Q
  1. A person is eligible to seek recovery from the Real Estate Recovery Fund if
    a. that person received a final judgement against a licensee in a legal action and the case was based on a real estate brokerage transaction (assuming no specific exceptions apply).
    b. that person is a licensed broker who acted as the agent in the transaction that is the subject of the claim.
    c. that person’s claim is based on a real estate transaction in which the broker did not hold a valid, current, and active license at the time of the transaction.
    d. any of the above events has occurred.
A

A

19
Q
  1. The decision as to whether probable cause exists is made by a majority vote of the
    a. Commission.
    b. Commission or the Department, as appropriate.
    c. administrative law judges.
    d. probable-cause panel (or the Department if the is no panel).
A

D

20
Q
  1. Which action would cause a license to be revoked without prejudice?
    a. A licensee accepted an earnest money deposit on a property that he knew was encumbered by an undisclosed lien.
    b. The broker obtained his license by means of fraud, misrepresentation, or concealment.
    c. A sales associate received her license as a result of an administrative error by the Division of Real Estate.
    d. For the referral of real estate business a licensee shared a commission with a person (not party to the transaction) who did not have a real estate license.
A

C

21
Q
  1. Which offense is a misdemeanor of the first degree?
    a. Failing to provide current and accurate rental information for a fee.
    b. Publishing false or misleading information to induce a buyer to purchase real property.
    c. Failing to timely deposit earnest money into the escrow account.
    d. Failing to timely notify the FREC of conflicting demands.
A

A

22
Q
  1. Who prepares and submits a recommended order of findings and conclusions in a complaint case?
    a. Court of law
    b. Administrative law judge
    c. Probable-cause panel
    d. The DBPR
A

B

23
Q
  1. Any final order issued by the DBPR Secretary or a legally appointed designee that results from circumstances that pose an immediate danger to the public’s health, safety, or welfare is called a
    a. petition for review.
    b. stay of enforcement.
    c. summary or emergency suspension.
    d. license revocation.
A

C

24
Q
  1. A buyer gives the broker a $47,500 earnest money deposit. The broker defrauds the buyer of the $47,500. The buyer sues the broker and is awarded a judgement in the amount of $62,500 for the original $47,500 deposit plus $15,000 for punitive damages. Because the buyer was unable to collect the judgement from the broker, the buyer request relief from the Florida Real Estate Recovery Fund. How much can the buyer receive from the Recovery Fund?
    a. $15,000
    b. $47,000
    c. $50,000
    d. $62,500
A

B

25
Q
  1. The DBPR is authorized to investigate a written complaint filed against a licensee
    a. if the alleged complaint is legally sufficient.
    b. only if the claimant has been harmed by the actions of the licensee.
    c. only if the alleged violation was committed in the State of Florida.
    d. only if all of the above conditions have been met.
A

A

26
Q
  1. Neglecting to correct omissions or erros on a license application returned by the DBPR to the applicant for correction is considered grounds for
    a. suspension of an applicant’s rights.
    b. denial of the application.
    c. revocation of the application.
    d. administrative revocation.
A

B

27
Q
  1. If a broker’s license is suspended, the licenses of all sales associates working for the broker are
    a. placed in involuntary inactive status.
    b. denial of the application.
    c. revocation of the application.
    d. administrative revocation.
A

A

28
Q
  1. One of the grounds for the suspension or revocation of a licensee’s license is the unauthorized use or retention of money or property, otherwise known as
    a. concealment.
    b. conversion.
    c. culpable negligence.
    d. commingling.
A

B

29
Q
  1. A licensee received a citation for $500 for operating as a sales associate without a registered employer. The sales associate feels the citation was issued in error. How should the sales associate proceed?
    a. File a written objection within 30 days.
    b. File a written objection within 15 days.
    c. Request a hearing before the FREC within 30 days.
    d. Request a civil court hearing within 15 days.
A

A

30
Q
  1. When payment from the Real Estate Recovery Fund is made to satisfy a claim against a licensee and the claim was not the result of the broker complying with an escrow disbursement order, the commission’s action against the licensee must be
    a. citation.
    b. probation.
    c. automatic suspension.
    d. emergency suspension.
A

C

31
Q
  1. Which type(s) of penalties may be imposed for violations of the real estate license law?
    a. Civil penalties only
    b. Administrative penalties only
    c. Civil and administrative penalties only
    d. Criminal, civil, and administrative penalties
A

D

32
Q
  1. The Florida Real Estate Commission may NOT impose which disciplinary penalty?
    a. Imprisonment
    b. Probation
    c. Administrative fine
    d. Denial of a license application
A

A

33
Q
  1. One penalty that the Commission may NOT legally levy is to
    a. deny the issuance of a license.
    b. deny the payment of compensation.
    c. suspend a license.
    d. revoke a license.
A

B

34
Q

The collective amount to be paid from the Real Estate Recovery Fund as a result of any one real estate transaction may NOT exceed

a. $25,000
b. $50,000
c. $75,000
d. $150,000

A

B

Real Estate (21 decks)

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