Real Estate Brokerage License Law Flashcards
- The Commissioner will hear and settle disputes between licensees over commissions.
False
The Commissioner does not settle disputes between licensees.
- The Commissioner is authorized to examine records of a broker’s trust account.
True
- The Commissioner may make a public investigation and bring action against a licensee who is in violation of the license law.
True
- Real estate licensees fall under the Commissioner’s purview.
True
- The Commissioner hears ethics complaints from the public.
False
Ethics complaints are generally handled by the Associations.
- Prior to closing, a broker may withdraw money from his trust account if the broker has the consent of the seller.
False
Prior to closing, a broker may withdraw money from his trust account if the broker has the consent of both parties to the transaction - the buyer and the seller.
- A broker may transfer her commission from her trust account to her private account prior to closing of a real estate transaction.
False
Commissions are paid after the closing, not prior to closing.
- A broker must place earnest money deposits entrusted to her into a secured business account.
False
She must place earnest money in a trust account.
- Earnest money deposits must be in the form of cash.
False
A seller may choose to accept a non-depositable item in lieu of cash.
- The broker may be authorized to hold earnest money until the offer is accepted or rejected.
True
- Earnest money must be deposited into the listing broker’s trust account within 24 hours after offer acceptance.
False
It must be deposited by the third business day after receipt by the listing broker.
12.The broker may hold earnest money after the offer is accepted with the approval of both parties.
True
- Commission payments received from clients must be deposited in the broker’s trust account.
False
Commissions are not trust funds, belong to the broker, and would be deposited into the broker’s own account.
- If a broker wishes to close his trust account, he must give the Commissioner 10 days’ prior written notice.
True
- A broker may keep his own money in his trust account as long as it is identified as funds to maintain the account; pay checking fees, minimum balance, and so forth.
True
- The Commissioner must provide a 10-day notice prior to inspecting a broker’s trust account.
False
The Commissioner may inspect at any time.
- A broker who deposits a commission check in her trust account may be charged with conversion.
False
She may be charged with commingling - mixing personal funds with trust funds. Conversion involves using trust funds for personal use.
- The Commissioner may inspect a broker’s trust account and records at any time without notice.
True
- A commercial property manager must deposit security deposits and rents collected from tenants into her broker’s trust account.
True
- When money damages are paid out of the real estate education, research and recovery fund on behalf of the a licensee, the maximum per transaction is $10,000.
False
The maximum is $150,000 per transaction.
- The purpose of the Real Estate Education Research and Recovery fund is to reimburse persons who suffer monetary damages by reason of the improper business dealings of a licensee.
True
- When money damages are paid out of the real estate education, research, and recovery fund on behalf of a licensee, the license of the licensee involved is automatically suspended.
True
- Applications for recovery from the real estate education, research, and recovery fund must be placed within 6 months after the judgment become final.
False
Applications must be placed within 1 year.
- A limited broker may hold the license of salespeople.
False
Limited brokers may not represent others.
- A broker holding a limited broker’s license may solicit listings from property owners.
False
Limited brokers may not represent others.
- A limited broker may represent himself as a principal in an unlimited number of real estate transactions.
True
- If the primary broker’s license is revoked, the salespersons’ licenses she holds are ineffective.
True
- A salesperson with an ineffective license must reapply, take the examination, and obtain a new license.
False
A salesperson must transfer her license to a new primary broker.
If a licensee’s license is revoked, he may not reapply for at LEAST 24 months.
True
- A licensee could have his license suspended or revoked for placing a For Sale sign on a property without the seller’s permission.
True
- A licensee could have his license suspended or revoked for including an expiration date on a listing agreement.
False
An expiration date is required on all listing agreements.
- A licensee could have her license suspended or revoked for failing to give the purchaser a copy of the offer to purchase.
True
- The amount or method for computing compensation must be included in a listing agreement.
True
- Changing a home address does NOT require notifying the commissioner.
False
Any change of information of the license application requires notification of the Commissioner within 10 days.
- A licensee may NOT pay money to an unlicensed person for assistance in the procurement of a listing.
True
- If a broker terminates a salesperson, the broker must notify the Board of REALTORS.
False
The broker must notify the Commissioner of Commerce.
- A salesperson must inform the seller that she has obtained an offer to purchase the property fro a prospective buyer within 72 hours.
False
offers must be presented promptly.
- If the individual broker’s license of an officer of a corporation is suspended or revoked, the individual licenses of all salespersons acting on behalf of the corporation are automatically ineffective.
False
This only applies if the corporate license is suspended or revoked.
- A salesperson may utilize the automatic transfer provision to transfer his license from one broker to another.
True
- Before a corporation can enter the real estate business, a broker’s license must be issued to the corporation itself.
True
- If the primary broker dies or becomes incapacitated, the Commissioner may issue a 120-day temporary permit to a qualified salesperson.
False
A 45-day temporary permit may be issued.
- The personnel director/officer of a large corporation who refers a client may be compensated by a Minnesota broker.
False
Brokers may not compensate unlicensed individuals.
- An attorney representing a client in selling a residence must have a real estate license.
False
A licensed practicing attorney is exempt.
- A licensed Minnesota broker may share his commission with a licensed broker from another state who referred the client.
True
- A seller wishing to reimburse a salesperson for out-of-pocket expenses must pay the salesperson’s broker.
False
Clients may reimburse salespeople directly for out-of-pocket expenses.
- Negotiating a mortgage loan for a non-residential property requires a real estate broker’s license.
True
- An employee of an apartment building owner negotiating leases in the building must be licensed.
False
Employees leasing space in an employer’s residential property are exempt.
- A real estate license allows an individual to collect a fee for helping another sell a business.
True
- An auctioneer who is selling property under direction of an attorney must hold a real estate license.
False
Auctioneers are exempt when supervised by an attorney of a real estate broker.
- A court appointed executor who is selling the property of a deceased person under a court order must hold a real estate license.
False
Court appointed individuals are exempt from licensing requirements.
- A trustee selling property for a private trust for a fee must be licensed or hire a licensee.
True
Only court-appointed trustees are exempt.
- An individual who lists, sells, or exchanges mobile homes without land must hold a real estate license.
False
A mobile home is considered personal property until it is affixed to real estate.
- An executor selling a property after probate for a fee is exempt form licensing requirements.
True
- Non-licensed people are allowed to give out information about listings if the information has been prepared by a licensee and approved by the broker.
True
- Anyone who negotiates, lists, and exchanges real property for another and a fee must hold a real estate license.
True
- A salesperson may be licensed to a licensed Minnesota broker who resides in another state.
True
- Real estate brokers are required to provide errors and omissions insurance for their salespeople.
False
A broker may require their salespeople to buy errors and omissions insurance.
- If a salesperson loses his license for acting improperly during a real estate transaction, the license of the salesperson’s branch manager may also be subject to revocation.
False
The salesperson’s primary broker is responsible for providing adequate supervision.
- The salesperson is paid a commission at closing.
False
The commission is paid from the broker’s general business (private) account - commissions must never go into a trust account (commingling).
- The broker must include the property owner’s name in all advertising.
False
The broker must include the broker’s name.
- There must be a written listing agreement with the owner before advertising a property in print.
True
- If a broker changes her place of business, she is required to telephone the Commissioner immediately to advise of the change.
False
She must notify in writing within 10 days
- A licensee charged with a felony need only notify the Commissioner if the charge involves fraud, misrepresentation, or conversion.
False
Any felony charge requires notification of the Commissioner.
- A listing agreement may contain an automatic extension clause.
False Automatic extension (holdover) is illegal.
- A dual agency disclosure must appear in each listing agreement.
True
- If a broker wishes to enforce the override clause, he must furnish a seller with a protective list of all the persons to whom he showed the property within 72 hours of expiration of the listing agreement.
True
- The listing broker may allow his salesperson to place the first bid on a listed property without informing the seller of the identity of the prospective purchaser.
False
Brokers must disclose any family or business relationships.
- The closing agent is legally responsible for paying the salesperson’s commission directly to the salesperson.
False
Commissions are paid to the broker.
- To represent both the buyer and seller, an agent must have the written consent of all parties to the transaction.
True
- In selling her own house, a licensed salesperson must list the house with a broker.
False
She must disclose to buyers that she is licensed.
- A broker showing a property to a prospective buyer notices new water stains even though the seller said the problem was fixed. The Broker must disclose the issue to the buyer.
True
- A salesperson must disclose her license status only when selline her own property.
False
Licensees must disclose their status in all transactions.
- A licensees is required to disclose her company’s name in every transaction.
True
- Minnesota trust account requirements allow commingling of trust and business funds.
False
Exception is funds used to maintain accounts.