Highlight chapter 6 Flashcards
First-degree misdemeanor
The phone action is the only activity that is classified an F.S.475 as a first-degree misdemeanor, which is punishable by a fine of up to $1000 and/or imprisonment not to exceed one year: violating the requirements, concerning rental lists, information, and contracts
Second-degree misdemeanor
A criminal violation of F.S.475 by license typically would be classified as a second-degree misdemeanor, which may be punishable by a criminal sign of up to $500 and/or imprisonment for up to 60 days. Examples of second-degree misdemeanor include, but are not limited to the following:
Disseminating, false, or misleading advertising
Third-degree felonies
The following are examples of actions pertaining to real estate licenses, which constitute of felony of the third degree, and our subject to criminal Corp, precedence, and punishable by a criminal find of up to $5000 and/or imprisonment of up to five years.
Acton as a broker or sales associate, without being the holder of a valid and current active license, is a third-degree felony
Concealment
Concealment is one of the fraudulent activities fraudulent, concealment occurs when a broker fails to disclose information to a party, to whom the broker has such a duty, and that is material to their decision
Misrepresentation
Misrepresentation is one of the fraudulent activities, It is the mist statement or emission of facts. Misrepresentation can lead to fraud if statements are intentional and relied upon.
Rendering an opinion of title
It is also one of the fraudulent activities.
A broker cannot render an oral or written opinion that the title to the property being sold good or merchantable. Rendering an opinion could be a considered, as practicing law, which is beyond the scope of a real estate license. If a question related to the title of property arises, a broker is required by law to advise a prospective purchaser to obtain title insurance, or to insist upon, or procure an abstract, and obtain an attorneys title opinion.
Using lotteries
Using lotteries is one of the fraudulent activities, a broker who uses lotteries or trading schemes that involve the selling of certificates or chances to induce any person to buy. Real Estate is guilty of fraud. Contests were no purchases required may be permissible.
What is the purpose of disciplinary guidelines?
The purpose of the disciplinary guidelines is to give notice to licenses of the range of penalties that normally would be imposed for each count during a formal or informal hearing. This learning guidelines are based on a single violation. The maximum administrative find per violation of F.s.475 is $5000.
Range of penalties
-Reprimand: a reprimand is the minimum penalty for all listed violations
- administrative fine: an administrative may be imposed by the commission for violations of law of rules in the amount up to $5000 per offense
-probation: probation is a conditional arrangement in which the commission allows a license to continue to practice real estate services if the licensee completes specified requirements. The term of probation is 90 days unless otherwise stated.
- Suspension: suspension is considered to be a temporary penalty. The commission may suspend a license of a licensee for a max period of 10 years. The seriousness of the violation determines the length of suspension. The second suspension for a violation can result in revocation of a real estate license.
- Revocation: revocation is the maximum penalty for violation of F.S.475. Revocation permanently removes the license. Revocation plus a maximum final of $5000 is a maximum penalty for misrepresentation, concealment, and obtaining a license by fraud.
- Denial of license: Denial of license occurs if an individual is deemed by department to lack character or companies to deal with the public safely, or is found guilty of acts that could have resulted in suspension or revocation of a license if the individual has already been licensed. If an applicant for license is denied, that department must notify the applicant and Ron, give the reason for the denial, and inform the applicant of their writer request a formal hearing to protest the denial within 21 days one Days.
Complaint
And the disciplinary process, a complaint is an allegation by a complainant, the person who makes the complaint, that a violation of the law, or rule, has occurred.
A complaint analyst review the complaint form or letter that describes the alleged violation to determine of the complaint is legally sufficient. Legally, sufficient complaint is one that alleges of violation of law or rule has occurred and contains sufficient support and evidence. The division must investigate legally sufficient complaints.
Administrative complaints
In the disciplinary process, the commission, by rule, allows 21 days for the respondent to file an election of rights form
Formal/informal hearing
In the disciplinary process, the respondent has the right to respond to or answer the complaint, the right to present evidence and cross, examine witness, and the right to be represented by legal counsel. The administrative law judge can issue, subpoenas for witnesses and compel Attendance of a witness. Our respondent may request an administrative law. Judge subpoena a witness.
Florida real estate recovery fund
If a licensee acted in the capacity of a buyer or seller, only, the licensee would be eligible to collect following the same procedures, as any other member of the public.
Once a payment is made from the recovery fund in the name of a licensee, the real estate license of that individual is automatically suspended until the money plus interest has been repaid. The filing of bankruptcy by a licensee does not relieve them of any obligation or penalty associated with the real estate recovery fund.
The recovery fund is maintained by fees and fines paid by licensees
