Primer I Flashcards

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1
Q

People who don’t need RE License

A
  1. Lawyer
  2. Power of attorney
  3. FSBO (toll brothers)
  4. Sheriff (sheriff sale)
  5. Auctioneer
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2
Q

“The Commission” member composition & location

A

9 people total
5 professionals: (3 brokers, 1 assc brk, 1 salespn)
4 public (no RE association)
1 public member from each county and wilmington.

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3
Q

“The Commission” year requirements

A

All must have been state resident for 5 years.
Broker & Assoc Broker held license for 5 years.
Salesperson held license for 5 years.

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4
Q

“The commission” term lengths

A

3 year term.

1 additional term if filling an unexpected open vacancy.

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5
Q

“The commission” outside group affiliations

A

No member shall be associated w/ other RE assoc.

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6
Q

“The commission” meeting attendance

A

Neglect of duty if:
Absent w/o adequate reason 3 consecutive meetings.
Fails to attend at least 1/2 meetings

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7
Q

“The commission” internal election posts & terms.

A

Self appointed each year at same time:
Chairman, VP & Secretary.
1 year term (no second terms)

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8
Q

“The commission” meeting schedule & quorum

A

Min of 1x per quarter.
Majority vote (5 people) needed.
Min 5 affirmative votes to discipline.

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9
Q

“The commission” powers & duties

A
  1. Formulate rules & regulations
  2. Approve forms (seller disclosure form etc)
  3. Establish licensure requirements
  4. Grant/renew licenses
  5. Establish provider education requirements
  6. Establish licensee education standards
  7. Random CE licensee audits
  8. Evaluate out of state licensees
  9. Refer complaints to Division of Investigation
  10. Conduct hearings
  11. Designate/impose appropriate sanction for guilty
  12. Order compensation from RE Guaranty Fund
  13. Issue cease & desist orders/fines for unlicensed
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10
Q

Applicant qualifications & waivers

A
  1. Competent
  2. No previous RE offenses
  3. No drug/alcohol addiction
  4. No criminal record
    Waiver: (must meet all)
  5. > 5 years since conviction date
  6. Can’t be on probation/incarcerated
  7. Competent
  8. Waiver will not endanger public welfare
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11
Q

Qualifications - Salesperson

A
  1. At least 18 yr old
  2. Completed RE classes
  3. Passed national & state exam
  4. Submitted application to “the commission”
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12
Q

Qualifications - Associate Broker

A
  1. At least 23 yr old
  2. 5 yr experience
  3. sold x # of houses
  4. Completed RE classes
  5. Passed national & state exam
  6. Submitted application to “the commission”
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13
Q

Qualifications - Broker

A
  1. same as Associate Broker

2. “the commission” approves supervision plan

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14
Q

Reciprocal Licensure Requirements

check with someone else

A
  1. Applicant in good standing in other states
    & 1 of the following:
  2. > 3 of continuous licensure
  3. Passed Delaware exam
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15
Q

Licensee renew period

A

Once every 2 yrs:

  1. CE
  2. Disclose criminal convictions
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16
Q

Complaint handing

A

Division will issue final written report for all received complaints

17
Q

Grounds for discipline

A
  1. Substantial misrepresentation
  2. False promises
  3. Continued & flagrant course of misrepresentation
  4. Failed to account for money
  5. Illegally practiced RE services
  6. Incompetently/negligently practiced
  7. Paid commission to non-licensees
  8. Assisted non-licensee in performing RE services
    9.
18
Q

Licensees must submit application to the Commission by

A

The 13th day of April Biannually for a renewal of certificate

19
Q

Broker has how many days to settle on properties with “Buy-In” disclosure

A

60 days

20
Q

How long do Licensees have to submit applications

A

1 year after taking course

21
Q

Hypothecation

A

Pledging of property as collateral for a debt