Practice Test (Business Law - Builder's License) Flashcards
The builder or contractor shall deliver to the customer, when construction is involved:
Associated Answers
1 specifications for the job
2 all necessary permits
3 both plans and specifications
4 fully executed copies of all agreements, including plans and specifications
4 fully executed copies of all agreements, including plans and specifications
Whitie Nowak built a house in January. It was sold in February and Renfru Zetz moved in at completion in September of the same year. The following year in December the pipes froze. Who is responsible for the damage?
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1 plumber
2 builder
3 heating contractor
4 homeowner
2 builder
Notes:
The builder is responsible for faulty workmanship for a period of 18 months. Starting from the date of purchase, completion or occupancy which ever occurs last.
Which is not a requirement to obtain a builder’s license?
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1 taking a builder’s course and a one year apprenticeship
2 taking and passing the residential builder’s examination
3 paying the required license fee
4 completion of 60 hrs. of required study
1 taking a builder’s course and a one year apprenticeship
A proper notification of change of address must be made within:
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1 10 days
2 30 days
3 45 days
4 60 days
2 30 days
What is the first step the Department will take to resolve a complaint between a buyer and builder?
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1 file a cease and desist order against the builder
2 file a summary suspension of the builder’s license
3 hold an informal conference
4 hold a contested case hearing
3 hold an informal conference
At what point after a completed contract will the Department not investigate a complaint?
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1 a certificate of occupancy is issued
2 a purchase agreement is signed
3 the building is occupied
4 18 months after completion, occupancy, or purchase, whichever occurs later
4 18 months after completion, occupancy, or purchase, whichever occurs later
A license can be revoked without a hearing:
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1 true
2 false
3 not if the builder shows good faith
4 if the builder is from another state
1 true
A father is the only qualified builder in a partnership he has with his son. The father dies. In order for the son to continue with the business, the son must:
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1 deliver to the Department a copy of the death certificate
2 request that the license be transferred to the son’s name
3 complete the license application procedure, including taking and passing the exam
4 claims residential inheritance
3 complete the license application procedure, including taking and passing the exam
If the license of the qualified officer, partner, trustee, director, officer, member, or person exercising control of the corporation, partnership, or other association is revoked, or denied, the license of the corporation, partnership or other association shall:
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1 be suspended
2 remain in effect for 30 days
3 be issued under an assumed name (d.b.a.)
4 lapse at the end of the month
1 be suspended
The phrase “good moral character” typically means:
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1 person has no bankruptcies
2 strong religious convictions
3 person is honest and fair
4 person has never been incarcerated
3 person is honest and fair
An applicant operating as a corporation must submit which of the following to the Department?
Associated Answers
1 copy of the articles of incorporation
2 certified copy of sales tax license number
3 names and addresses of corporation board members
4 all of the above
4 all of the above
If, as a licensed builder, you file for bankruptcy, you:
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1 are in violation of the Code and may be subject to any one of the several penalties
2 must post bond with the Bureau
3 can continue to operate for not more than 90 days
4 none of the above
1 are in violation of the Code and may be subject to any one of the several penalties
What is a change in specifications prior to bidding called?
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1 a completed application
2 change order
3 addition to the contract
4 change in specifications
4 change in specifications
A licensee found guilty of one Article 6 violation may be:
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1 suspended, revoked, censured, or placed on probation
2 suspended, revoked, censured, placed on probation, and/or fined
3 suspended or reprimanded by the Labor Bureau
4 suspended, or placed on probation
2 suspended, revoked, censured, placed on probation, and/or fined
A person who has had a limitation placed on a license may petition the Department, in writing, for a review of the decision to place the limitation. The licensee has how many days to file this petition?
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1 5 days
2 15 days
3 30 days
4 60 days
3 30 days
An unlicensed builder, Mr. Spencer, contracts to add a room on to homeowner Jones’ house. Upon completion, Mr. Jones refuses to pay builder Spencer for his services. Mr. Spencer:
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1 can tear down the room
2 can record a lien on Mr. Jones’ property
3 can sue Mr. Jones for his fee, plus court costs
4 has no recourse
4 has no recourse
According to the Occupational Code, the following is not a residential builder:
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1 one who demolishes houses
2 one who works for an hourly wage for his labor in building a house
3 one who assembles prefabricated housing
4 one who provides plans, labor and materials for the building of a house
2 one who works for an hourly wage for his labor in building a house
The board member who has participated in an investigation on a complaint filed with the Department, or who has attended an informal conference, _______ participate in making the final decision on that complaint.
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1 must
2 must not
3 may arbitrate to
4 may be appointed to
2 must not
A residential builder or maintenance and alteration contractors license is not required if:
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1 you contract to build a house as an electrician
2 you build homes part time
3 you are an officer of a court acting within the terms of the officer’s office
4 you work for a non-profit organization
3 you are an officer of a court acting within the terms of the officer’s office
A license may be revoked for (mark incorrect answer):
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1 a violation of a building code
2 disregarding blueprints and specifications
3 mishandling deposit money
4 both spouses not signing the contract
4 both spouses not signing the contract
The law regulating licensing of the building trades is known as:
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1 Occupational Code of 1980
2 Public Act 299 of 1980
3 Michigan Builders License Law
4 both A and B
4 both A and B
A salesperson cannot start selling until he receives his:
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1 license and pocket ID card
2 admittance letter for the examination
3 OK from the builder
4 until he or she sends in the application for the examination
1 license and pocket ID card
When a builder or contractor wants to advertise in the media, he must:
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1 furnish his license number before any advertising begins
2 furnish his license name and address
3 both a and b
4 neither, if he’s just in town for a while
3 both a and b
What is considered a legitimate place of business for a licensed builder?
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1 a post office box number
2 a telephone answering service
3 an actual established, physical location from which the builder can and does conduct business and where books and records are kept
4 the residential construction site
3 an actual established, physical location from which the builder can and does conduct business and where books and records are kept
If the qualifying officer, who is licensed for a business, has his license suspended:
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1 the salesperson license is held in escrow
2 the salesperson license is also suspended
3 a temporary license is granted while the board investigates the aspects of the suspension
4 the business may continue to operate with civil court guidance
2 the salesperson license is also suspended
What reason may the Department use for the denial of an application for a license?
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1 non-issuance of a surety bond
2 a notice of furnishing being issued
3 good and sufficient cause
4 not having insurance coverage
3 good and sufficient cause
Failure to act on a complaint that construction is structurally/materially deficient is:
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1 punishable by fine or imprisonment
2 cause for federal involvement
3 is always the fault of the subcontractors
4 is not a problem if the complaint is 60 days old
1 punishable by fine or imprisonment
Who is entrusted to enforce the licensing act requirements in the State of Michigan and who may prosecute?
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1 Attorney General enforces, the Department prosecutes
2 Department enforces, Attorney General prosecutes
3 the Department (BOPR)
4 the Judge Advocate General
2 Department enforces, Attorney General prosecutes
Failure of an individual licensee or qualifying officer to appear before an informal conference may be the basis for:
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1 suspension
2 revocation
3 denial of a license
4 all of the above
4 all of the above
When a salesperson terminates employment, what must the builder do?
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1 the builder must wait for a state requisition
2 the builder must wait for a written request by the salesperson
3 the builder must return the salesperson’s license within 5 days by certified mail
4 the builder must wait for the salesperson’s relinquishment of the sales card
3 the builder must return the salesperson’s license within 5 days by certified mail
A commission can be paid to you for the sale of goods and services of a builder provided:
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1 it is occasional and supplemental income
2 you are related to a licensee
3 you are employed by the provider of the stated goods and services and you hold a salesperson license
4 you hold a real estate license
3 you are employed by the provider of the stated goods and services and you hold a salesperson license
If the company’s license is revoked, the salesperson’s license:
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1 is extended for six months or until the salesperson finds a new employment
2 is suspended
3 remains in effect, if the salesperson was not involved in any wrong doing
4 automatically transferred to the state
2 is suspended
If Mr. Write holds a Maintenance and Alteration Contractor’s License in the State of Michigan, what must he do to obtain a Residential Builder’s License?
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1 submit an application with the required fee
2 take and pass the test for residential builders
3 nothing, because the licenses are essentially the same thing
4 take a builders prelicensing class
2 take and pass the test for residential builders
What must a licensee submit to the Bureau to be licensed as a corporation?
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1 qualifying officer’s license number and certificate of incorporation
2 tax ID number, names and addresses of corporate officers and the certificate of incorporation
3 address of the corporation where the license will be displayed and books and records kept
4 all of the above
2 tax ID number, names and addresses of corporate officers and the certificate of incorporation
An unlicensed builder who has the homeowner pull all building permits for the builder to construct a residential building over $599:
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1 is absolved from all liability
2 is legally circumventing the law
3 is in violation of the Department laws
4 is in violation of the Construction Lien Act
3 is in violation of the Department laws
Which of the following is exempt from being licensed?
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1 maintenance and alteration contractor
2 residential builder
3 garage builder
4 approved US Government official
4 approved US Government official
A builder has how long to renew his license after the expiration of his last license, without retaking the exam:
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1 two years
2 three years
3 thirty days
4 ninety days
2 three years
An applicant shall not be refused a license without:
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1 first obtaining an attorney
2 being deemed to have bad moral character
3 having an opportunity for a hearing before the Department
4 a valid driver’s license
3 having an opportunity for a hearing before the Department
The Residential Builders license is only issued by the:
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1 Michigan Department of Labor
2 local building inspectors
3 Department of Licensing and Regulatory Affairs
4 Governor’s Office
3 Department of Licensing and Regulatory Affairs
Following a complaint, the Attorney General’s Office may order a builder to stop all work. Such a demand is known as:
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1 a liability order
2 a cease & desist order
3 a revocation
4 a suspension
2 a cease & desist order
“Commission” means:
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1 a “board” other than an agency
2 an agency other than a board
3 the same as “agency”
4 the same as “board”
2 an agency other than a board
In the Occupational Code, “Department” means:
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1 Department of Labor
2 Department of Attorney General
3 Department of Licensing and Regulatory Affairs “LARA”
4 Department of H.U.D.
3 Department of Licensing and Regulatory Affairs “LARA”
Who decides what penalty will be imposed against a residential builder who violates the occupational code?
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1 Builder’s Board
2 the Director of the Department, if the Board fails to take action within 60 days
3 Civil Liberties Union
4 both A and B
4 both A and B
If a residential builder’s license is suspended:
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1 the sales people remain licensed for 30 days or until they find another builder
2 the builder’s salespersons’ licenses are also suspended
3 the builder’s salespersons are responsible for returning their license
4 none of the above
2 the builder’s salespersons’ licenses are also suspended
Who submits a salesperson’s license application?
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1 the builder
2 the salesperson
3 the department
4 the testing company
1 the builder
Expiration date of a residential builders license shall be:
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1 annually on their application date
2 every year on the anniversary of their license
3 May 31
4 June 1
3 May 31
The members of the board are appointed by the:
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1 commission
2 Governor, with the advice and consent of the senate
3 legislature
4 senate with the approval of the Governor
2 Governor, with the advice and consent of the senate
Which of the following is a violation of the articles regulating the occupation?
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1 practicing fraud or deceit in obtaining a license
2 practicing fraud, deceit or dishonesty in practicing an occupation
3 violating a rule of conduct of an occupation
4 all of the above
4 all of the above
Which of the following could be a penalty for violating an article regulating an occupation?
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1 placement of a limitation on a license
2 suspension of a license
3 revocation of a license
4 all of the above
4 all of the above
Upon the completion of the contract between the builder and the homeowner, what is delivered?
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1 building agreement only
2 specifications for construction only
3 a copy of all instruments executed by the principals
4 his new furniture
3 a copy of all instruments executed by the principals
An alternate form of testing must be provided for:
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1 a person with a physical handicap
2 a person with a mental handicap
3 request for an oral exam after failing the exam
4 all of the above
4 all of the above
All records kept in the office of the Department shall be:
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1 open to the public
2 closed to the public
3 closed to the public, unless opened by court order
4 open only by federal intervention
1 open to the public
A builder:
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1 need not display the license of his salesperson
2 must display the licenses of his salespersons in his place of business
3 need not have a licensed salesperson sell his goods and services
4 must display his salespersons licenses on each remodel job
2 must display the licenses of his salespersons in his place of business
A residential contractor and a commercial contractor have the same regulatory commission for new construction of:
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1 four-story apartment buildings
2 small strip malls
3 jewelry store
4 all of the above
4 all of the above
A complaint has been filed against a builder. In order for the dispute to be settled informally:
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1 a fine will be imposed
2 agreement must be reached between both parties and the Bureau
3 the builder must agree to a suspension of his license
4 the Board must take civil action in addition to the resolution of the complaint
2 agreement must be reached between both parties and the Bureau
A valid reason for a general contractor to withhold payment from a licensed subcontractor would be:
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1 a draw made by subcontractor, which is not processed by the contractor
2 an improperly placed purchase order by the contractor
3 unacceptable work by the subcontractor
4 unacceptable work by the contractor
3 unacceptable work by the subcontractor
If a builder decides to sell his business:
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1 he can sell his business only to a person who is already operating as a licensed builder
2 the business cannot be sold: its assets must be liquidated and it must be dissolved
3 the new owner must be licensed, or take the test and become licensed before he could operate the company
4 he can sell both his license and business to another person
3 the new owner must be licensed, or take the test and become licensed before he could operate the company
In the Occupational Code, the word “Board” means:
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1 Board of Licensing and Regulation
2 Residential Builders and Maintenance and Alteration Contractors Board
3 Board of Review
4 Board of Examiners
2 Residential Builders and Maintenance and Alteration Contractors Board
The “Respondent” in a complaint proceeding is:
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1 the person who files a complaint
2 the person against whom the complaint is filed
3 the person who investigates the complaint
4 the person who, in writing, makes the complaint known to the public
2 the person against whom the complaint is filed
If the builder disputes the material facts of the complaint against him, the Board may:
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1 ask for a report from the building official in the area of the complaint
2 make an inspection to determine the facts
3 ask the complainant to furnish more information
4 any of the above
4 any of the above
You can file a complaint against a builder or contractor if you are:
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1 the local building official
2 a dissatisfied customer
3 the Attorney General
4 any of the above
4 any of the above
Which of the following cannot be done without a licensed contractor?
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1 building a house for your own use
2 repairs to a house by the owner
3 dividing a house into apartments by the owner
4 building a structure that will have both commercial and residential use
4 building a structure that will have both commercial and residential use
An M & A contractor licensed for carpentry would like to install a roof. The contractor:
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1 must write the word “roofing” on the license
2 must take and pass the M & A contractor test for roofing
3 must use employees who are licensed roofers
4 can proceed. The existing license will also be good for roofing
2 must take and pass the M & A contractor test for roofing
In the Occupational Code, “place” means:
Associated Answers
1 the place at which construction takes place
2 the physical location out of which one does business
3 a post office box
4 a telephone answering service
2 the physical location out of which one does business
A contempt of court citation can be issued against a builder who is the object of a complaint:
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1 in lieu of an administrative hearing
2 prior to a formal investigation of a complaint
3 as a penalty for violation of the code
4 for willful refusal to cooperate in the investigation of a complaint
4 for willful refusal to cooperate in the investigation of a complaint
Each member of a partnership or corporation must have a Builders License.
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1 True
2 False
2 False
If a licensed builder hires a salesman to work part time on a salary, a salesman’s license is not required.
Associated Answers
1 True
2 False
2 False
Who sets the standards of conduct, performance, qualifications and fitness of applicants, conducts investigations, and settles complaints?
Associated Answers
1 the Committee
2 the Board
3 the Senate
4 the Attorney General
2 the Board
Failure to appear for an informal conference may result in:
Associated Answers
1 suspension of a license
2 denial of a license
3 revocation of a license
4 any one of the above
4 any one of the above
If a company is organized as a Corporation, Limited Liability Company or a Partnership, must both the company and the qualifying officer puchase a license?
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1 Yes
2 No
1 Yes
The Department’s request for a current and accurate financial statement must be:
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1 sent by registered mail
2 served by the courts
3 signed by the Attorney General
4 a written demand
4 a written demand
Which of the following are violations of the Occupational Code?
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1 abandonment (without legal excuse) of a contract, construction project, or operation engaged in or undertaken by the licensee
2 diversion of funds or property received for completion of a specific construction project or operation for any other construction project or operation, obligation, or purpose
3 failure to account for or remit money coming into the person’s possession which belongs to others
4 all of the above
4 all of the above
It is a violation of the Occupational Code, in a maintenance and alteration contract, for the licensee to fail to furnish, to the lender, the purchaser’s signed completion certificate executed upon completion of the work to be performed under the contract:
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1 yes
2 no
3 Under Federal Law
4 not in township jurisdiction
1 yes
When do you, as a sole proprietor, have to file and pay into the unemployment fund?
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1 when you have three or more employees
2 when you have one employee who works less than 35 hours per week
3 when gross wages paid out exceed $1,000.00
4 payment into the unemployment fund is not required by law
3 when gross wages paid out exceed $1,000.00
If a Maintenance and Alteration contractor, licensed as a carpenter, wants to add to his trade, such as roofing, must he take the roofing exam?
Associated Answers
1 yes
2 not if it’s less than 50% of his business
3 no, he can do roofing with his existing license
4 no, he must take the residential builders examination
1 yes
Members of the Maintenance and Alteration Contractor’s Board are:
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1 voted for by the general public
2 appointed by the Governor with the consent of the senate
3 appointed by the Board
4 appointed by the Governor with the consent of the house of representatives
2 appointed by the Governor with the consent of the senate
A license must be renewed on or before:
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1 January 31
2 December 31
3 May 31
4 June 3
3 May 31
Which of the following are not required to have a Residential Builder’s license because they are licensed under a separate law?
Associated Answers
1 an electrical contractor
2 H.A.V. contractor
3 a plumbing contractor
4 all of the above
4 all of the above
A person who, for compensation of $600.00 or more, undertakes with another the repair, alteration of, addition to, subtraction from, improvement of, moving of, or wrecking of a residential building must be licensed as a:
Associated Answers
1 Commercial Builder
2 Residential Builder or Maintenance and Alteration Contractor
3 Electrical Contractor
4 Handyman
2 Residential Builder or Maintenance and Alteration Contractor
An employee or agent of a licensed residential builder or maintenance and alteration contractor who, for compensation, sells, negotiates, solicits for, furnishes or attempts to furnish the goods and services of a residential builder or maintenance and alteration contractor must:
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1 be honest and a good salesperson
2 be licensed as a residential builder
3 be licensed as a salesperson
4 be licensed as a residential maintenance and alteration contractor
3 be licensed as a salesperson
The following are exempt from licensure except:
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1 a government representative
2 an owner of rental property, with reference to the maintenance and alteration of that rental property
3 a person working on one undertaking or project by one or more contracts in which the total contract price is more than $600.00
4 a person operating under an order of the court
3 a person working on one undertaking or project by one or more contracts in which the total contract price is more than $600.00
The Department and Board may remove a limitation on a license:
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1 if the licensee retests
2 if the licensee makes restitution
3 if they determine that he could perform with competence each function of the occupation
4 both A and B
3 if they determine that he could perform with competence each function of the occupation
A builder licensed as Robert Conrad Building Company may advertise as:
Associated Answers
1 Robert Conrad Building Company
2 Conrad Building Company
3 Bob The Builder
4 Robert Conrad Construction
1 Robert Conrad Building Company
When contracting with a builder to build a house from a set of plans, the builder must provide to the purchaser:
Associated Answers
1 a set of plans
2 a set of the specifications
3 a fully executed copy of all agreements between them
4 all of the above
4 all of the above
A restricted license could be one in which:
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1 the licensee may be restricted to a specific function of the occupation
2 the licensee may be restricted to a specified geographical location
3 the licensee may be required to have all of his contracts reviewed by an attorney
4 all of the above
4 all of the above
Which of the following does not require licensing?
Associated Answers
1 maintenance and alteration contractor
2 residential builder
3 garage builder
4 commercial builder
4 commercial builder
The effective date of the Occupational Law for Residential Builders and Maintenance and Alteration Contractors is:
Associated Answers
1 January 31, 1966
2 January 1, 1966
3 October 21, 1980
4 no such law
3 October 21, 1980
If you are issued a cease and desist order following a complaint, you:
Associated Answers
1 must cease building for one year
2 are entitled to a hearing before the Bureau, if a written request is made within 30 days
3 have no recourse to regain your license, except by a lawsuit
4 may build until the end of the month
2 are entitled to a hearing before the Bureau, if a written request is made within 30 days
As used in the Occupational Code:
Associated Answers
1 “complaint” means a verbal or written grievance
2 “board” means apathetic
3 “incompetence” means government action
4 “licensee” means the applicant
1 “complaint” means a verbal or written grievance
A person shall not have a license issued to him or her until the person:
Associated Answers
1 pays the required fee
2 meets the requirements 10 through 26
3 files certificates of insurance
4 all of the above
1 pays the required fee
Public Act 299 provides for licensing and the right to engage in business as:
Associated Answers
1 salesperson
2 residential builder
3 maintenance contractor
4 all of the above
4 all of the above
A person registering a complaint with the Department against a builder must do so within:
Associated Answers
1 90 days
2 12 months of the purchase
3 18 months of sale, completion, or occupancy, whichever occurs later
4 60 days of the sale
3 18 months of sale, completion, or occupancy, whichever occurs later
Act 299 has a specific licensure exemption for:
Associated Answers
1 all 9 members of the builder’s board
2 unlicensed builders who disclose their status to their clients
3 employees of licensed builders
4 employees of unlicensed builders
3 employees of licensed builders
Who can licensed contractors bring to a hearing to speak on their behalf?
Associated Answers
1 his or her subcontractors
2 a duly authorized representative or attorney
3 the Board member who participated in the investigation
4 they are not allowed to defend themselves
2 a duly authorized representative or attorney
What is the purpose of an investigative conference?
Associated Answers
1 to determine what the penalty should be
2 to terminate or suspend the license
3 to determine if there is cause for a hearing or complaint
4 to establish the amount of the fine
3 to determine if there is cause for a hearing or complaint
How many days advance notice will a person be given before an investigative conference is held?
Associated Answers
1 5 days
2 10 days
3 15 days
4 30 days
2 10 days
How many days does a person have from receipt of a complaint to respond?
Associated Answers
1 5 days
2 10 days
3 15 days
4 30 days
3 15 days
Can the Department demand a financial statement at any time?
Associated Answers
1 no
2 yes, and the builder shall respond within 30 days
3 yes, and the builder shall respond within 15 days
4 yes, and the builder shall respond within 45 days
2 yes, and the builder shall respond within 30 days
Can a builder solicit a contract by promising the purchaser a bonus which is contingent upon the purchaser displaying his dwelling to a third person?
Associated Answers
1 yes, if the agreement is in writing and fully executed
2 no, never
3 yes, as long as the bonus is a fixed amount and not a percentage
4 yes, as long as it is not in writing
2 no, never
When a salesperson terminates employment with a builder, what must the salesperson do?
Associated Answers
1 the salesperson returns the license within 5 days via regular mail
2 the salesperson returns the ID pocket card via certified mail within 30 days
3 the salesperson returns the pocket ID card via certified mail within 5 days
4 the builder returns both the pocket ID card and the license to the Department within 5 days via certified mail
3 the salesperson returns the pocket ID card via certified mail within 5 days
Where should the licenses be displayed in a builder’s office?
Associated Answers
1 on the bathroom wall
2 on the office wall in a conspicuous position
3 in a secure place where they will not be stolen
4 in the file cabinet with other important papers
2 on the office wall in a conspicuous position
Who sets the standards of conduct, performance, qualifications and fitness of applicants, conducts investigations, settles complaints, and handles disciplinary procedures?
Associated Answers
1 the board
2 the Governor
3 the applicant
4 the “Act”
1 the board
A licensee, upon written demand and notice by the Department, shall within _______ days submit a current and accurate financial statement showing his or her current financial status.
Associated Answers
1 10
2 15
3 30
4 60
3 30
What is the completion date of a structure?
Associated Answers
1 upon final inspection by state and local inspectors
2 upon final approval of state and local inspectors
3 the date the certificate of occupancy is issued
4 all of the above
3 the date the certificate of occupancy is issued
Which of the following cannot be used by the Department to determine the fitness of an applicant to hold a license:
Associated Answers
1 your scores on a license test
2 an arrest for an offense, which is not followed by conviction
3 your general financial solvency
4 your standards of professionalism and competency
2 an arrest for an offense, which is not followed by conviction
When criminal charges are brought against a builder he:
Associated Answers
1 can avoid a penalty by assigning blame to his subcontractors
2 has the same right to legal process as anyone accused of an offense
3 can no longer do business in Michigan
4 can only ask for a hearing before the Bureau of Professional and Occupational Regulation
2 has the same right to legal process as anyone accused of an offense
If the builder decides on his own to use cheaper materials than specified without a change order he is:
Associated Answers
1 acting in violation of the code, even if the materials themselves are not in violation of the code
2 breaking the contract between himself and the owner
3 limiting his legal claim to payment by the owner
4 all of the above
4 all of the above
When a builder signs a citation issued by the Bureau, it:
Associated Answers
1 means the builder cannot be further penalized by the Bureau for that offense
2 is acceptance of a cease and desist order
3 only indicates that the citation has been received by the builder
4 means that the builder has admitted to the violation and has forfeited his right to a hearing
3 only indicates that the citation has been received by the builder
If you are issued a cease and desist order following a complaint, you:
Associated Answers
1 must cease building for a period of one year
2 have no recourse to regain your license except by bringing suit against the Bureau
3 are entitled to a hearing before the Bureau, if a written request is made within 30 days
4 must post bond equal to the contract amount for the project
3 are entitled to a hearing before the Bureau, if a written request is made within 30 days
If a company loses their qualifying officer, the company’s license is suspended.
Associated Answers
1 true
2 false
1 true
Notes: If requested, the Department may allow the company’s license to remain in force for a reasonable time in order to get a new qualifying officer.
If you wish to renew a license that has expired within 60 days of the expiration date, you must pay a late renewal fee of ____ plus the license fee.
Associated Answers
1 $10
2 $20
3 $30
4 $40
2 $20
How many board members are needed to constitute a quorum?
Associated Answers
1 4
2 5
3 6
4 7
2 5
Sole proprietors, corporations, LLCs and partnerships all have to purchase a license. What other entities require the purchase of a license?
Associated Answers
1 sales persons
2 qualifying officers of Corps, LLCs and Partnerships
3 all branch offices
4 all of the above
4 all of the above
)If there is a contractual agreement to use arbitration as a means of settling disputes, will the board take action against a licensee if the step required in the arbitration agreement are met by the contractor.
Associated Answers
1 yes
2 no
2 no
Notes: Typically the court recognizes the arbitrators’ decision to be final.
What must sales people and contractors use to identify themselves to potential customers in door to door sales?
Associated Answers
1 their business card
2 their wallet license ID card
3 their license number
4 any of the above
2 their wallet license ID card
A corporation has three branch offices and six sales people. If all of these licenses expire in the same year, how many licenses must be renewed by May 31st?
Associated Answers
1 2
2 5
3 8
4 11
4 11
Notes: 1 for their qualifier, 1 for the corporation, 3 for the branch offices and 6 for the sales people.
Sworn Statements are required by law to be used by contractors as a means of relinquishing financial transparency to the owners, material providers or subcontractors. If the owner requested a copy of a builders sworn statement, how may days does the contractor have to provide it?
Associated Answers
1 1
2 3
3 7
4 10
4 10
The company’s listed on a contractors sworn statement will typically be material providers and subcontractors.
Associated Answers
1 true
2 false
1 true
How many days does a contractor or material provider have to file a lien against an owner’s property from their last day on the job or from time of purchase
Associated Answers
1 30 days
2 45 days
3 60 days
4 90 days
4 90 days
Subcontractors and material suppliers must provide to the owner of a project their “Notice of Furnishings” with ____ days of first providing any labor or materials.
Associated Answers
1 5
2 10
3 15
4 20
4 20
A person who files a lien must take action to foreclose on the lien within _______.
Associated Answers
1 30 days
2 3 months
3 6 months
4 1 year
4 1 year
Owners must make available a “Notice of Commencement” which will provide the correct information as to the owner or owners of a property and their correct addresses. If a contractor requests a copy the owner must provide it within ________.
Associated Answers
1 10 days
2 15 days
3 20 days
4 30 days
1 10 days
Contractors who understand what their responsibilities are under the lien laws of Michigan will file the necessary forms and protect their right to be paid.
Associated Answers
1 true
2 false
1 true
Both LLCs and _______ need to provide copies of their Articles of Incorporation when applying for a license.
Associated Answers
1 Sole Proprietorships
2 Joint Ventures
3 Partnerships
4 Corporations
4 Corporations
Passing test scores are only good for:
Associated Answers
1 90 days
2 1 year
3 18 months
4 2 years
2 1 year
Salespeople may only work under one contractor at a time.
Associated Answers
1 True
2 False
1 True
If a license is suspended or revoked, the licensee must return it to the Department within:
Associated Answers
1 3 days
2 5 days
3 7 days
4 10 days
4 10 days
If a qualifying officer leaves a company, they have ______ to notify the Department in writing.
Associated Answers
1 10 days
2 24 hours
3 30 days
4 60 days
1 10 days
Residential builders are required by law to have an actual office in Michigan where their business records are kept.
Associated Answers
1 True
2 False
1 True
Which of the following does not need to be included in a residential construction contract?
Associated Answers
1 specifications and plans
2 costs
3 type and amount of work to be done
4 professional architect or engineer approval
4 professional architect or engineer approval
If someone makes a complaint aggainst you, you must respond to the notice within _____ of receipt.
Associated Answers
1 7 days
2 10 days
3 15 days
4 30 days
3 15 days
If you have let your licesne lapse, you are still responsible for reporting a change of address:
Associated Answers
1 up to 7 years after the license has changed
2 3 years after all complaints have been closed
3 Until all final orders have been complied with
4 Any of the above
4 Any of the above
If you are late to renew your license, there is a fee of:
Associated Answers
1 $15
2 $20
3 $25
4 $50
2 $20
An arrest record that was not followed by a conviction is still considered as a count against you when applying for a license.
Associated Answers
1 True
2 False
2 False
The ___________ is a Michigan specific civil rights legislation.
Associated Answers
1 Walsh-Healy Act
2 Elliott-Larson Civil Rights Act
3 Civil Rights Act of 1866
4 Fair Housing Act
2 Elliott-Larson Civil Rights Act
Which of the following is NOT exempt under the Ellliott-Larson and Persons with Disabilities Acts?
Associated Answers
1 rental of a unit in a two-family dwelling that is occupied by the owner
2 rental of a room in a single-family dwelling occupied by the owner
3 sale of a by the owner of a unit in a two-family dwelling
4 rental of a unit in a multi-family dwelling
4 rental of a unit in a multi-family dwelling
These laws shape and influence what job restrictions and qualifications may be established, how advertisement are placed and what tests may be used in the applicant screening process.
Associated Answers
1 Equal Employment Opportunity
2 Fair Housing
3 Dodd-Frank
4 TRID
1 Equal Employment Opportunity
Which of the following is NOT an acceptable question or topic to discuss with a potential candidate?
Associated Answers
1 Reason for leaving their previous job
2 Description of a typical day at current job
3 Birthplace of the applicant or their parents
4 How long they have been job hunting
3 Birthplace of the applicant or their parents
Which of the following pre-employment questions pose legal implications by tending to single out specific protected classes?
Associated Answers
1 Previous arrest records
2 Financial status
3 Birth dates
4 All the above
4 All the above
____ is a naturally occurring fibrous mineral.
Associated Answers
1 lead
2 asbestos
3 silica
4 radon
2 asbestos
ACM (Asbestos Containing Material) is any material containing more than _____ % asbestos.
Associated Answers
1 1%
2 5%
3 7%
4 10%
1 1%
Records of asbestos exposure must be kept for:
Associated Answers
1 5 years
2 10 years
3 20 years
4 30 years
4 30 years
The agency responsible for promulgating and enforcing the Renovation, Repair and Painting Program is:
Associated Answers
1 DNR
2 EEOC
3 HUD
4 EPA
4 EPA
When considering lead-based paint exposure, are hospitals considered “target” housing?
Associated Answers
1 Yes
2 No
2 No
Houses built before _______ typically have lead paint risk factors.
Associated Answers
1 1990
2 1978
3 2000
4 2003
2 1978
Since 2010, all contractors who work with homes built prior to 1978 with lead paint hazards must be certified renovators.
Associated Answers
1 True
2 False
1 True
EPA has established limits for minor repairs of maintenance, that do not require compliance with the RRP Rule. Work that does not exceed _____ sq ft per interior room of 20 sq ft is exempt.
Associated Answers
1 4 sq ft
2 6 sq ft
3 8 sq ft
4 10 sq ft
2 6 sq ft
RRP certifications are good for:
Associated Answers
1 2 years
2 3 years
3 5 years
4 6 years
3 5 years
You may become certified by taking a 4 hour course provided by the local building department.
Associated Answers
1 True
2 False
2 False
Documentation of renovations, testing and training related to renovations must be kept for:
Associated Answers
1 2 years
2 3 years
3 5 years
4 7 years
2 3 years
This radioactive gas comes from the natural breakdown of uranium soil, rock and water.
Associated Answers
1 asbestos
2 radon
3 lead
4 Sulphur
2 radon
A ______ layer of clean gravel below the slab allows radon gas to move more freely under the building.
Associated Answers
1 2 inch
2 3 inch
3 4 inch
4 6 inch
3 4 inch
______ should be placed on top of the gravel base to prevent the radon gas from entering the house.
Associated Answers
1 rigid foam
2 loose fill
3 cardboard
4 heavy plastic sheeting
4 heavy plastic sheeting
It is recommended you run a 3 or 4 inch PVC pipe from the gravel to the roof where radon can be safely vented out of the house.
Associated Answers
1 True
2 False
1 True
Which business organization is regulated the least by the government?
Associated Answers
1 Limited Liability Company
2 Corporation
3 Partnership
4 Sole Proprietorship
4 Sole Proprietorship
In a general partnership, each partner is liable for the debt of the company up to the percentage of the company they own.
Associated Answers
1 true
2 false
2 false
What business organization provides the most financial protection for the owners?
Associated Answers
1 Sole Proprietorship
2 General partnership
3 Corporation
4 Limited Partnership
3 Corporation
Sole Proprietorships can issue and sell stock in the company to raise capital.
Associated Answers
1 true
2 false
2 false
Can a corporation actually be listed as the sole owner of a property?
Associated Answers
1 yes
2 no
1 yes
Limited Liability Companies have the ability to be passed down to family members when an owner (member) dies.
Associated Answers
1 true
2 false
2 false
Sub Chapter “S” Corporations can retain their status no matter how many stockholders they have.
Associated Answers
1 true
2 false
2 false
If you are naming the Sole Proprietorship something other than your real name, you will need to file a Certificate of Assumed Name with the county clerk’s office.
Associated Answers
1 True
2 False
1 True
A builder’s personal income will be reflected on tax returns except:
Associated Answers
1 Sole Proprietorship
2 Partnerships
3 Limited Liability Company’s
4 C-Corporations
4 C-Corporations
A sole proprietorship is not considered to be a legal entity under the law, but rather is an extension of the individual who owns it.
Associated Answers
1 true
2 false
1 true
Partnerships must file a certificate of co-partnership with the county clerk’s office in the counties in which you will be doing business.
Associated Answers
1 true
2 false
1 true
A 50/50 partnership dissolves and one of the partners does not fulfill his responsibility to pay off creditors. To what extent must the other partner contribute to this debt in order to keep his good name and standing?
Associated Answers
1 50 %
2 75%
3 100%
4 these things can be negotiated
3 100%
Corporations are entities that are separate and distinct from their owners. This means that the debt of the company does not transfer to the owners.
Associated Answers
1 true
2 false
1 true
Notes: Creditor will often require corporations, limited liability company’s and partnerships to sign a personal guarantee for repayment of loans, especially in the early stages of the company’s development.
C- Corporations are taxed on their earnings at the corporate level and the owners are then taxed on any cash distribution they receive, this is referred to as?
Associated Answers
1 a rip off
2 double taxation
3 dividend taxation
4 none of the above
2 double taxation