License Law II Flashcards

1
Q

What year was the financial Services Modernization Act (Gramm-Leach-Billey Act)

A

1999

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2
Q

What is the Financial Services Modernization Act of 1999 (Gramm-Leach-Billey Act)

A

protects and regulates the disclosure of consumers’ personal financial information

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3
Q

What is the Safeguards Rule?

A

requires all financial institutions to design, implement, and maintain safeguards to protect customer information while it is in the custody and control of the institution and its agents

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4
Q

T/F

Every branch office must have its own supplemental license

A

True

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5
Q

What is the fee for each branch office license and how often must it be renewed?

A

$150, every 2 years

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6
Q

If a broker move an office to a new location, broker must notify DOS of new business address within_____

A

5 Days

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7
Q

T/F

When an office is relocated, a change of address form must be filed with the department of state for each license moving to the new office address

A

True

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8
Q

What is earnest money and what does it imply?

A

Deposit

shows the seller that the buyer is serious and able to follow through with financials

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9
Q

What is commingling?

A

the illegal mixing of money that is held in trust on behalf of a client with the brokerage firm’s funds

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10
Q

What is conversion?

A

Occurs if a broker were to use any of the client’s money maintained in the trust account for personal or brokerage expenses

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11
Q

All advertisements to transact real estate must include…..

A

broker name/trade name/business name as it appears on license

  • full address of broker/brokerage OR phone number
  • type of license
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12
Q

If you paid for the advertisements yourself, as an associate broker, what must be included?

A

your business name

your broker’s telephone number or address

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13
Q

What is actual authority?

A

power or permission given intentionally to an agent by the principal

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14
Q

What is express authority?

A

power or permission for a specific or outcome communicated by the principal to the agent

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15
Q

What is Implied (incidental) Authority?

A

authority to do everything reasonably necessary to carry out the principal’s express orders

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16
Q

T/F

Every homeowner within a designated cease and desist zone is protected from unwanted solicitation by real estate licensees

A

False - a property owner within a cease-and-desist zone must file an owner’s statement in order to be included in the list.

17
Q

T/F

Licensed brokers in NY cannot promote or sell real estate through any plan or scheme involving any game of chance or gambling device, such as a lottery, contest, prize, or drawing

A

True

17
Q

What is the fine amount imposed on the first offense, second, and third for a person practicing without a license

A

First - $150

Second - not exceeding $500

Third - not exceeding $1000

18
Q

What is Tortious interference

A

the causing of harm by intefering with a contractual relationship so that one part fails to execute his or her promise

18
Q

T/F

Before DOS revokes, suspends, or fines licensee, they must notify in writing of all charges at least 10 days prior to the date set for hearing before an administrative law judge

A

True

19
Q

When can a licensee who’s license has been revoked be eligile to apply to DOS for reinstatement?

A

At the end of one year