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Real Estate Exam Florida > Section 5: Complaints, Violations, and Penalties > Flashcards

Section 5: Complaints, Violations, and Penalties Flashcards

1
Q

Administrative complaint

A

An outline of allegations of facts and charges against the licensee

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2
Q

Breach of trust

A

Breaking a promise or obligation

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3
Q

Citations

A

fines for violations that have been specified in the citation rule for which there is no substantial threat to the public health, safety, and welfare

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4
Q

Commingle

A

To mix the money of a buyer or seller with the broker’s own money

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5
Q

Complainant

A

Person or entity who makes a complaint

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6
Q

Concealment

A

Withholding of information

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7
Q

Conversion

A

A licensee’s personal use or misuse of client (or customer) monies

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8
Q

Culpable negligence

A

Failing to use the care a reasonable person would exercise

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9
Q

Division of Administrative Hearings (DOAH)

A

The entity that employs administrative law judges (ALJs) to conduct formal hearings of administrative complaints against licensees

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10
Q

Failure to account for and deliver

A

The act of failing to pay money to a person entitled to receive it

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11
Q

Final Orders

A

The commission’s final decisions as to innocence or guilt and the determination of the appropriate penalty

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12
Q

Formal complaint

A

(Also called an administrative complaint) is an outline of charges against a licensee

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13
Q

Formal Hearings

A

Used if the licensee-respondent either requests a formal hearing or if the licensee-respondent disputes the allegations

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14
Q

Fraud

A

the intent to misrepresent a material fact or to deceive to gain an unfair advantage or to harm another person

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15
Q

Informal hearings

A

An expedited way of resolving disciplinary cases provided the licensee does not dispute the alleged facts state in the complaint

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16
Q

Legally sufficient

A

means that a complaint contains facts indicating that a violation of Florida statute, DBPR rule, or FREC rule may have occurred

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17
Q

Material Fact

A

a piece of information that affects the value of the real property and is relevant to a person making a decision about the property

18
Q

Misrepresentation

A

an untrue statement of fact or concealment of a material fact

19
Q

Moral Turpitutde

A

Is conduct contrary to honesty, good morals, justice, and accepted custom

20
Q

Notice of noncomplicance

A

may be issued for a first-time minor violation (licensee has 15 days to correct minor infraction)

21
Q

Probable cause

A

Reasonable grounds to warrant prosecution

22
Q

Recommend order

A

contains the administrative law judge’s findings, conclusions, and recommended penalty

23
Q

Stipulation

A

an agreement as to the penalty reached between the attorneys for the DRE and the licensee or the licensee’s attorney

24
Q

Subpoena

A

command to appear at a certain time and place to give testimony

25
Q

Summary suspension

A

emergency suspension that must be issued by the DBPR secretary or the secretary’s designee

26
Q

What are the 7 steps to a complaint process?

A
  • A complaint is filed
  • An Investigation of the complaint
  • Probable cause determination
  • Formal complaint is issued if probable cause is found
  • Informal hearing or formal hearing is conducted
  • Final order issued
  • Judicial review (appeal) of final order
27
Q

What are the necessary characteristics of complaints filed with the DBPR?

A
  • Complaint must be legally sufficient
  • DBPR may issue a notice of noncompliance for a first-time offense of a minor violation
  • FREC rule lists violations for which a notice of noncompliance may be issued
28
Q

What is the penalty of a First-degree misdemeanor?

A

$1000 fine and/or 1 year in jail

False or outdate rental list

29
Q

What is the penalty of a second-degree misdemeanor?

A

60 days and/or $500 fine

all other violations of Chapter 475

30
Q

How long does a licensee have to file an appeal of a final order?

A

30 days

31
Q

How many days does a licensee have to correct a minor infraction listed in notice of non-compliance?

A

15 days

32
Q

What are administrative penalties that are imposed by the FREC?

A
  • Deny an application
  • Letter of reprimand
  • Probation
  • Administrative fine of up to $5000 per count
  • Suspension for up to 10 years
  • Revocation with prejudice
33
Q

What must FREC do with criminal volations

A
  • All criminal violations must be reported to the state attorney
  • FREC must inform the Division of Florida Condominiums, Timeshares, and Mobile Homes of disciplinary action
34
Q

When can a licensee continue to operate while an appeal is pending?

A
  • Licensee must first file the appeal
  • An order of stay should be requested
  • A request for stay must be granted (Writ of Supersedes issued)
35
Q

What is the amount of time allotted to file a claim against the recovery fund?

A

2 years

36
Q

Complaint

A

Alleged violation of laws or rules

37
Q

How much notice must a licensee respondent have before a hearing?

A

14 days

38
Q

Is a contract made by an unlicensed person valid?

A

No

39
Q

Rule 61J2, F.A.C.

A

Administrative rule concerning real estate practice

40
Q

Can the commission modify statutes?

A

No, only the legislature can.

- The commission can modify and enact administrative rules

Real Estate Exam Florida (8 decks)

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