Chapter 6 Keywords Flashcards
What is breach of trust?
A breach of trust occurs when a broker violates their duties to the principal and agency relationship. This includes any actions that put the broker self interest ahead of the principles, interest act in an excess of authority, or miss, appropriate and funds, and trusted to the broker by the principal.
What is citation?
A citation can be issued for specified violations by the division, when no substantial threat to the public health, safety and welfare exist, or if the potential for Home has been removed prior to the issuance of the citation
What is a complaint
A complaint is an allegation by complainant the person who makes the complaints that violation of the law or rule, has occurred
What is concealment?
Consuming occurs when a broker fails to disclose information to a party, to whom the broker has such a duty, and there is material to their decision
What is culpable negligence?
Culpable negligence occurs if a broker operates in a reckless, careless and excessively negligent manner. Culpable negligence is negligence for which one can be held legally accountable. It says Associates, who forgets to collect an escrow deposit as specified in the south contract may be charged with culpable negligence.
What is failure to account?
Failure to account is a form of conversion that occurs when a broker is required to produce money or property that belongs to another in the normal course of business, and either cannot or will not produce the money or property
What is formal/ administrative complaint?
Once the problem, cause panel determines that probable cause exist administrative complaint, also known as a formal complaint is filed against individual. Who is the subject of the complaint refer to as the respondent, the administrative complaint constitutes the formal administrative charges made by the department are served upon the respondent
The commission viral allows 21 days for the respondent to final election of rights form
Fraud
F.S 455 requires license and agencies to adopt guidelines, under which disciplinary actions may be imposed on those persons and entities and their their jurisdiction. The commission has adopted such guidelines, which are incorporated into FAC, for example being found guilty of fraud, Mr. presentation, concealment, false promises breach of trust in any business transaction can result in administrative find of $1000to $2500 and a 30 day suspension to revocation for first offenses or $2500-$5000 of fine and six months suspension to revocation for subsequent offenses
Legally sufficient
If the complaint is legally sufficient, the complaint is sent to the enforcement section of the division number is assigned. An investigator is appointed a copy of the complaint is delivered to the individual against whom the complaint was made the investigator may demand information from anyone who may have pertinent information or records
What is misrepresentation?
Misrepresentation is the statement or omission of facts. Misrepresentation, can lead to fraud. If statements are intentional and relied upon misrepresentation of value by a licensee could be considered fraud, and might lead to breach of contract or breach of trust, misrepresentation also includes exaggeration in our opinion of value.
What is moral turpitude?
Moral turpitude is conduct that is considered contrary to standards or justice, honesty or good morals. Florida courts have defined moral turpitude as the idea of inherent basis or depravity in the private social relations or duties owned by meant to men or by mental society. However, the courts have also held crime such asbookmaking or selling fake licenses as crimes of moral turpitude
What is the notice of noncompliance?
The commission adopted the notice of not compliance rule to handle first time, minor violations by licenses a violation is considered to be minor if it does not result in economic or physical harm to persons or adversely, affect the public health, safety, welfare, or create a significant threat of harm
What is permanent revocation?
If a licensee is under investigation and voluntarily relinquishes their license, the license will be permanently revoked
What is probable cause?
The panel acts much like a grand jury to determine if probable calls exist. It does not determine guilt or innocence only the probability of Gilt if the panel determines that there is no problem cause the case is dismissed.
What is probation?
Probation is a conditional arrangement in which the commission allows a licensee to continue to practice real estate services if the licensee complete specified requirements that term of probation is 90 days, unless otherwise stated
