Chapter 2 Areas of Concern

Question 1

Identify the qualifications for a sales associate’s license

Answer 1

In order to be qualified as sales associate, the applicant must meet certain qualifications, which include being 18 years of age or older, high school diploma or equivalent, and having good character.

Question 2

Describe the application requirements for licensure including nonresident application requirements

Understand the importance of responding accurately to questions on the license application and understand the DBPR background check procedure

Answer 2

An application must be filled out in proper form with proper fee. Non-resident applicants must sign an irrevocable consent to service in order to be issued a Florida license.

It is important that an applicant respond accurately to questions about past criminal activities.

Question 3

Describe the education requirement for pre and post-license education and continuing education

Answer 3

Sales associates are required to complete a 63-hour pre-license course and a 45-hour post-license course within the initial license period. Brokers are required to complete a 72-hour pre-license course and 60 hours of post-license education within the initial license period.

Question 4

Distinguish among the various license categories

Answer 4

There are two types of licenses issued by the DBPR. They include a sales associate license and a broker license. A person who is registered as a broker associate possesses a broker’s license but chooses to work under a licensed broker in a sales associate’s capacity.

Question 5

Identify services of real estate

Answer 5

BAR SALE
Buying
Advertising
Renting (or rental information list)
Selling
Auctioning
Leasing
Exchanging

Question 6

Recognize exemptions from real estate licensure

Answer 6

1. Any salaried employee of the owner of an apartment building or complex when renting units from an on-site rental office and they are not being paid a commission
2. A salaried manager of a condominium or co-operative when leases do not exceed one year and they are not being paid a commission
3. Employees of the state of Florida when performing real estate services for the state
4. Attorneys when performing duties within the scope of their attorney-client relationship
5. Persons that have been given a power of attorney (attorney in fact) are exempt for signing documents only
6. CPA’s when performing duties that fall within the scope of their respective profession.
7. Anyone who is court appointed
8. Persons who rent mobile home lots or recreational vehicle lots in mobile home or travel trailer parks
9. An employee of a real estate developer when paid a salary only and no commission
10. An employee of a corporation involved in buying or selling company owned property as long as it is incidental to their employment
11. A partner in a real estate partnership who receives no more than his normal pro-rata share of profits
12. Persons selling cemetery lots
13. Television and radio announcers and persons in public relations and advertising media provided the service performed is incidental to their employment
14. Hotel and motel clerks for short-term rentals
15. Property managers may pay up to $50.00 to unlicensed individuals for rental referrals

Question 7

Distinguish between registration and licensure

Answer 7

Licensure is a privilege. Registration is the process of placing information on record with the DRE. Individuals are licensed; entities and their representatives are registered.

Question 8

Understand mutual recognition agreements

Answer 8

Florida has entered into a mutual recognition agreement with a number of states that allow licensees of those states (that reside in those states) to obtain a Florida license of equal status by taking and passing a 40-question law exam.