Chapter 3: Real Estate License Law & Commission Rules (MC)

Question 1

The Department of Business and Professional Regulation does NOT have the authority to issue a/an

a. cease and desist order.
b. subpoena.
c. injunction.
d. notice of noncompliance.

Answer 1

c. injunction.

Question 2

The maximum number of years a member may serve on the Florida Real Estate Commission is

a. 4.
b. 8.
c. 12.
d. unlimited.

Answer 2

d. unlimited.

Question 3

The Secretary of the Department of Business and Professional Regulation

a. is a member of the Florida Real Estate Commission.
b. is appointed by the Governor.
c. must be an attorney.
d. answers to the state legislature in the performance of duties.

Answer 3

b. is appointed by the Governor.

Question 4

The Division of Real Estate is an administrative part of the Department of

a. State.
b. Commerce.
c. Banking.
d. Business and Professional Regulation.

Answer 4

d. Business and Professional Regulation.

Question 5

Examination questions and answers

a. are published in the Administrative Weekly before appearing in an examination.
b. may not be challenged.
c. may be reviewed by an member of the public upon request.
d. are confidential.

Answer 5

d. are confidential.

Question 6

Which Department issues real estate licenses?

a. State
b. Business and Professional Regulation
c. Revenue
d. Real Estate

Answer 6

b. Business and Professional Regulation

Question 7

Which information supplied by an applicant is public record?

a. financial information
b. test scores
c. name and address
d. medical information

Answer 7

c. name and address

Question 8

The Florida Real Estate Commission held a meeting for the purpose of passing a new rule. This is an exercise of which Commission power?

a. executive
b. quasi-legislative
c. quasi-judicial
d. ministerial

Answer 8

b. quasi-legislative

Question 9

The Director of the Division of Real Estate

a. is appointed by the Secretary of the Department of Business and Professional Regulation.
b. is a member of the Florida Real Estate Commission.
c. is not subject to confirmation or approval by the Florida Real Estate Commission.
d. answers only to the Governor in the performance of his or her duties.

Answer 9

a. is appointed by the Secretary of the Department of Business and Professional Regulation.

Question 10

The Department of Business and Professional Regulation is created by which statute?

a. F.S. 120
b. F.S. 455
c. F.S. 475
d. F.S. 494

Answer 10

b. F.S. 455

Question 11

An applicant for a real estate license that provides false information has committed a criminal violation of law classified as a

a. first-degree misdemeanor.
b. second-degree misdemeanor.
c. second-degree felony.
d. third-degree felony.

Answer 11

d. third-degree felony.

Question 12

What action may the Department take if it determines that an unlicensed person has operated in violation of a law or rule under its administration?

a. None, since the Department has no jurisdiction over unlicensed individuals.
b. It may issue an injunction prohibiting such activity in the future.
c. It may imprison the violator for up to 5 years.
d. An administrative fine of up to $5,000 may be imposed.

Answer 12

d. An administrative fine of up to $5,000 may be imposed.

Question 13

Educational requirements of applicants for real estate license are promulgated under what authority of the Florida Real Estate Commission?

a. ministerial
b. executive
c. quasi-legislative
d. quasi-judicial

Answer 13

b. executive

Question 14

When is a request for the renewal of a license effective?

a. when received by the Department
b. the day following expiration
c. on the date the application is mailed
d. on the date indicated on the license

Answer 14

a. when received by the Department

Question 15

A real estate license expires

a. on the date shown on the license.
b. every 2 years.
c. on the effective date.
d. at the end of 1 year.

Answer 15

a. on the date shown on the license.

Question 16

Approval of new Commission rules is regulated by

a. the Department of Business and Professional Regulation.
b. the Secretary of State.
c. the Governor.
d. no one.

Answer 16

d. no one.

Question 17

A sales associated failed to complete required postlicense education prior to expiration of the license period. What is the status of the license?

a. active
b. voluntary inactive
c. involuntary inactive
d. null and void

Answer 17

d. null and void

Question 18

Certificates entered into court evidence are

a. of no value.
b. disqualified.
c. prima facie evidence.
d. proof of a fact.

Answer 18

c. prima facie evidence.

Question 19

Violations of rules of the Commission are prosecuted by which agency?

a. Florida Real Estate Commission
b. Department of Business and Professional Regulation
c. Florida State Attorney General
d. Sheriff of the county in which the violation occurred

Answer 19

b. Department of Business and Professional Regulation

Question 20

A sales associate is employed by a broker Monday through Friday and for a builder on weekends. The sales associate feels the added experience is beneficial especially since both employers pay an attractive commission split. Which statement is correct?

a. The sales associate must obtain a group license.
b. Multiple licenses are required in this situation.
c. This arrangement violates the license law.
d. This is permissible if both employers agree to the arrangement.

Answer 20

c. This arrangement violates the license law.