OREC Laws & Rules Flashcards

1
Q

A new licensee used a fictions instrument for the purpose of inducing a lender to loan money on the house she was selling. This violation would be characterized best as:

A

Substantial misrepresentation

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2
Q

Which of the below is true in relationship to the OREC duties in regards to commission rates charged by brokers:

A

The commission shall not establish the rate of commissions to be charged for real estate services and shall have no interest therein

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3
Q

Which of the following is not required of an applicant who is seeking to receive their provisional sales associate license?

A

A. PASSING THE STATE EXAM AT 80% OR HIGHER
B. Appearing in person for the state examination
C. Making application on forms provided by the commission
D. Submitting a completed citizenship verification form with corresponding evidence of citizenship

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4
Q

The fine for practicing real estate without a license is:

A

$5,000 or the commission whichever is greater

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5
Q

Which of the following is not required to have a real estate license to perform some very limited real estate activities?

A

A. Owner
B. ATTORNEY AT LAW
C. Attorney in fact
D. All of the above

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6
Q

A provisional sales associate must successfully complete a 45 hour post license course during:

A

First year of licensure

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7
Q

A real estate licensee told her potential buyer that she could guarantee that if the buyer brought this house “it would appreciate at least 10% in the next five years” this action would be:

A

Be a violation of the license code and rule and punishable by license revocation

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8
Q

A listing broker received an invoice from an anonymous source showing payment from his seller to a foundation repair company for the installment of three piers on the seller’s home that is scheduled to close in just 3 days. The seller has owned the property for 7 years and the Disclose the information to the buyers salesperson and buyer since the seller failed to do so pricing invoice was just 2 yrs ago. The seller did not disclose the structural repair on the seller’s disclosure but the listing associate did confirm that the invoice was actual. The listing associate should:

A

Disclose the information to the buyers salesperson and buyer since the seller failed to do so

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9
Q

A licensee just listed a property next to a home where a registered sex offender lives. The licensee has the duty of:

A

Not disclosing to potential buyers the fact that a sex offender lives next door

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10
Q

Which of the following is NOT a power and duty of the OREC?

A

To hold examinations of persons who shall apply for the issuance of licenses to them, and to promulgate such rules and regulations as it may deem proper
To cause the prosecution of any person who violates any of the provisions of the code
C. To serve as a board of arbitration to settle disputes among brokers, associates, or clients, or between any two of them
To issues licenses to persons who have passed examinations and who otherwise meet license requirements

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11
Q

If a broker and one of his associates has a dispute over a sales commission that cannot be settled by other means, they should:

A

Bring action in an appropriate court

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12
Q

In order to renew an active real estate sales associate or brokers license, the active licensee must complete:

A

21 hrs cont. ed

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13
Q

Any change of name of a licensee or a licensed firm must be filed with the OREC’s office within:

A

10 days

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14
Q

Each real estate office shall erect a sign:

A

A. On or about the office enter an e name
B. Noticeable by the public
C. Which contains the company name
D. All of the above

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15
Q

An active associate transferring from one broker to a new broker

A

May continually conduct business with the new broker if the change is done in a timely manner

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16
Q

When an associate changes his/her home address:

A

He/she must notify OREC within 10 days

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17
Q

A brokers trust account is used

A

To deposit all money belonging to others

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18
Q

When placing earnest deposits in the operating account of a company, the broker

A

Is guilty of commingling

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19
Q

Emily, a real estate sales associate, sold a property late one Friday evening. She obtained a $4,000 cash earnest deposit. Emily was afraid of losing the money over the weekend so she made a night deposit into her personal checking account. This action would most closely relate to:

A

Commingling

20
Q

The OREC, in relationship to the Oklahoma Residential Property Condition Disclosure Act, has jurisdiction over which one below?

A

Any Oklahoma Real Estate licensee involved in the sale

21
Q

Which of the following is not a power and duty of the OREC?

A

To hold examinations of persons who shall apply for the issuance of licenses to them, and to promulgate such rules and regulations as it may deem proper
To discipline licensees who have been deemed guilty of OREC violations
C. To set commission rates that brokers must follow
To issues licenses to persons who have passed examinations and who otherwise meet license requirements

22
Q

If a broker and one of his associates has a disputes over a sales commission that cannot be settled by other means, they should

A

Bring action in an appropriate court

23
Q

Which of the following does OREC not have the power to do?

A

Place an offending licensee on probation or issue a reprimand
Suspend or revoke any license issued by it
C. Impose a jail sentence
Require an licensee to obtain further education

24
Q

When one becomes licensed to sell real estate in the state of Oklahoma, it is incumbent upon the licensee that they disclose their licensed status to the public in reference to their own personal real estate transactions:

A

A licensee always has to disclose their licensed status to the public

25
Q

For an associate to act for more than one broker in his or her real estate dealings, without the knowledge and consent of both brokers, is:

A

Grounds for disciplinary action

26
Q

Which of the following would not be a cause for revocation of license?

A

A. Soliciting a seller with monetary incentives
Providing dishonest information on your application for license with OREC
Paying commissions to non-licensed individuals for real estate services
Guaranteeing future profits or values of property in a real estate transaction

27
Q

If a brokers license is revoked after a hearing, the broker has a right to appeal to the:

A

District court

28
Q

If a licensee has their license revoked, then their broker must:

A

Turn in not only the licensee’s license, but their license verification card also, to OREC

29
Q

The Oklahoma Brokerage Relationship act went into effect on:

A

November 1, 2000

30
Q

The Oklahoma Residential Landlord and Tenant Act provides that if the rental agreement does not specify the terms of the tenancy, the tenancy for all other than a roomer, the tenancy will be

A

Month-to-month

31
Q

The Oklahoma Residential Landlord and Tenant Act provides the landlord or their tenant may terminate a month-to-month tenancy with written notice to the other at least

A

30 days before termination

32
Q

If the tenancy is less than moth-to-month, the landlord or tenant may terminate the tenancy with written notice of

A

7 days

33
Q

Under the Statute of Frauds of Oklahoma, all contracts for the sale of real estate must be in writing to be enforceable. The principle reason for this statue is to

A

Prevent fraud by a fictitious oral contract

34
Q

What is the major purpose of the OREC and Recovery Fund?

A

To reimburse any person adjudged by the court to have suffered loss due to an agent violating the Code or Rules

35
Q

The OREC maintains a standing committee to:

A

Draft and revise residential real estate purchase contracts

36
Q

I g8n order to renew an active real estate license, each licensee is required to complete certain required courses. Which, if any, of the following are not required “core” continuing education courses?

A

Fair housing
Professional standards
Broker relationships act
D. Sales contracts

37
Q

In the exercise of its powers and duties, the OREC shall comply with:

A

Administrative procedures act

38
Q

The Statute of frauds:

A

Requires Real Estate sales contracts to be in writing to be enforceable

39
Q

A contract that has no legal effect because it does not contain all the essential requirements of a contract is:

A

Void

40
Q

Sales associates may buy property listed for sale with their brokers under which of the following conditions:

A

They disclose the fact of their licensure to the seller

41
Q

When an associate advertises, the advertisement must:

A

Do so under the direct supervision of the broker

42
Q

When a licensee advertises, he/she may do all of the following except:

A

advertise under only his or her name without the mention of the brokerage

43
Q

Open house or directional signs used in conjunction with broker’s signs:

A

Need not display broker’s name and or trade name

44
Q

No Real Estate licensee shall begin operation in the Real Estate business without:

A

Having been issued a Real Estate license

45
Q

Carrie, a resident of Oklahoma, died without leaving a written will. Which of the following is true?

A

She has died intestate