chapter 18 quiz Flashcards

1
Q

the maximum period a license may be placed on inactive status is for:

A

no time limit

chap 18-6
VII - INACTIVE LICENSES
43-40-12g and h
Anyone who has a real estate license but who does not wish to conduct business at this time may return the license to the commission and go on inactive status. There is no time limit to how long the license can stay inactive. Renewal fees must be paid. The inactive licensee cannot do any real estate business except in connection with personally owned property

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2
Q

a broker shall not be entitled to any part of the earnest money or other money paid to him/her in connection with any real estate transaction as part or all of his/her commission until the transaction has been:

A

consummated or terminated

chap 18-10
X. TRUST ACCOUNTS
43-40-20 and 21
… The broker is not entitled to any money from the trust account until the deal is closed or terminated.

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3
Q

to become a licensed broker in the state of Georgia, an applicant must have been actively licensed:

A

any 3 of the 5 years

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4
Q

a broker may collect a commission from both the seller and the purchaser, if:

A

both the seller and purchaser agree in writing.

chap 18-11,12 and 13
XIII VIOLATIONS
43-40-25 Unfair Practices
22. Acting as a dual agent without expressed, written consent
31. Failure to disclose and agency relationship

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5
Q

broker Betty is placing her real estate license on inactive status. which of the following statements is true?

A

Betty will still be able to lease or sell her own property

VII - INACTIVE LICENSES
43-40-12g and h
…The inactive licensee cannot do any real estate business except in connection with personally owned property

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6
Q

salesperson Roberts plans to purchase a piece of property he has listed for sale. Before presenting the offer, he must:

A

Furnish his broker with written notice of his intent to purchase and state in the contract that he is a licensed real estate salesperson

chap 18-11,12 and 13
XIII VIOLATIONS
43-40-25 Unfair Practices
9. Acting as an agent and also an undisclosed principal in a transaction. (It is not illegal for a licensee to represent himself in the sale of his property as long as there is written disclosure of this fact and the broker has given written permission.)

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7
Q

which of the following is exempt from the licensing requirement?

A

Persons operating under a duly executed power of attorney to convey property.

chap 18-15
XV EXCEPTIONS TO LICENSE LAW
43-40-29
4. A person acting with court authority as a receiver, trustee, executor or guardian.

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8
Q

Licensing fees are set by the:

A

Real estate commission

chap 18-1,2 and 3
The Georgia Real Estate commission as the authority over all real estate licenses. The commission is empowered to:
* Issue licenses
* set fees
* pass rules and regulations; and
* take disciplinary actions.
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9
Q

before suspending or revoking a license, the commission shall:

A

provide a hearing for the licensee

chap 18-14
XIV INVESTIGATION AND HEARING
43-40-26 through 28
Before a license is censured, suspended or revoked, the licensee is entitled to a hearing under the Administrative Procedures Act. The hearing will take place whether or not the licensee chooses to appear. If licensee is dissatisfied with the process, he/she can appeal to the courts.

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10
Q

salesperson Wilson shows a prospective purchaser a home on Wednesday afternoon. That evening Wilson obtains an offer and an earnest money deposit. the offer is to remain effective until Saturday at 6pm, but it is accepted Friday. When should Wilson turn over the earnest money to the broker?

A

Probably Thursday

chap 18-13
Unfair Practices
23. Failure to submit trust funds to the broker as soon as possible.

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11
Q

the License Law gives the Commission the power to:

A

revoke or suspend Licenses.

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12
Q

which of the following is true about the qualifying broker of a corporation?

A

The qualifying broker must be an officer of the corporation.

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13
Q

what will a broker first be required to prove in court before he/she can recover a commission?

A

he/she was property licensed at the time of the cause of the action.

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14
Q

which of the following does not represent grounds for a disciplinary action against the licensee?

A

A broker accepts a referral fee from an out-of-state broker

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15
Q

if a licensee does not renew his/her license within the time period required by law:

A

he/she may renew within 2yrs of the date of its lapsing by paying all renewal fees and late charges which could have been due, plus a reinstatement fee.

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16
Q

the liability of the Real Estate Education, research and Recovery Fund for the acts of one licensee is terminated upon the payment of $…….on behalf of that licensee

A

$75,000 (that’s the Max they’ll pay; liable)

chap 18-10
XI EDUCATION, RESEARCH AND RECOVERY FUND
43-40-22

17
Q

A licensee would subject his/her license to sanction by the commission for all of the following except:

A

accepting compensation from the employing broker

18
Q

when a licensed broker closes a real estate transaction, the broker must retain a copy of the closing statement for:

A

3yrs

19
Q

which of the following is considered to be an “unfair practice” of the License Law?

A

Payment of a fee to a neighbor for referring a cousin who will be moving to the area. (payment of a commission related)

20
Q

which of the following statements concerning a broker’s trust account is true?

A

Violations of trust account provisions may result in an action by the Attorney General to impound such an account.

21
Q

The Georgia Real Estate Commission has?

A

6 members, 5 licensed

chap 18-2
II THE GEORGIA REAL ESTATE COMMISSION
The Ga. Real Estate Commission consists of six members, appointed by the governor and confirmed by the senate. Five of the six must have been licensed in real estate for 5 years preceding their appointment. The 6th member is chosen for expertise in consumer affairs, and must be a person with no real estate industry connections

22
Q

in order to receive a Georgia Salesperson’s License you must:

A

pass the state exam

chap 18-3
III LICENSES
…To acquire a salespersons license one must be at least 18 years old, have a high school diploma or the equivalent, be of good moral character and pass the state exam.

23
Q

a broker in another state who wishes to be paid for selling a piece of property in Georgia must:

A
  • get a non-resident license.
  • refer the buyer to a Georgia broker.
  • enter into a written agreement to co-op with a Georgia broker.

chap 18-5
Instead of getting a Georgia license, an out of state licensee, having a prospect who needs real estate services in Georgia, can refer the prospect to a Georgia licensee and receive a negotiated referral fee. Or, the out of state agent might work with his prospect under an affiliation agreement with a Georgia broker, who is willing to share responsibility for the transaction, to attend any closing, to be identified in advertising and in contracts and to hold any trust funds received.(This type of agreement serves for only one transaction, any other would need a new agreement.

24
Q

A broker is NOT required to do which of the following?

A

review all agent’s tax returns

chap 18-8
IX MANAGEMENT OF A FIRM
43-40-18
The brokers responsibilities include:
* reviewing advertising for legal compliance
* providing affiliates with programs on license law
* reviewing all contracts within 30 days
* reviewing trust account procedures
* ensuring all affiliates have active licenses
* making proper trust account withdrawals
* keeping records
* giving all licensees a written policies and procedure manual
* making sure all licensees have written affiliation contracts
* having managerial authority always reasonably available

25
Q

a licensee who denies equal service to anyone because of race, color, religion, sex, national origin, familial status, or handicap has violated:

A
  • the license Law
  • the Georgia Fair Housing Law
  • the Federal Fair Housing Law.

chap 18-12
UNFAIR PRACTICES
1. Any violation of the Fair housing Law