Top 10 Flashcards

1
Q

The duties of the real estate commissioner include

A

Prescribing rules

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2
Q

The real estate commisoner is appointed by

A

The Governor

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3
Q

When a written and verified complaint has been made against a licensee, the commissioner must what?

A

investigate the charge

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4
Q

The duties of the commissioner does not include what?

A

revoking license of agent when a complaint of fraud has been filed

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5
Q

what clarifies the ADREs position on the statutes and rules?

A

Substantive policy statement

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6
Q

the basic purpose of real estate laws and regulations is what?

A

to protect the public

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7
Q

A salesperson is legally allowed to accept what?

A

accept a listing on behalf of the broker

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8
Q

Article 26 of Arizona constitution prohibits licensees from performing what?

A

Charging a flat fee for negotiating an offer for a buyer the licensee represents

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9
Q

What does the ADRE do regarding accounts?

A

Audit broker trust accounts

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10
Q

The commissioner does not have the power to what?

A

create real estate statutes

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11
Q

Who is responsible for formulating rules and regulations in AZ?

A

Real Estate Commissioner

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12
Q

Who advise the Commissioner on legal matters?

A

Attorney General

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13
Q

What complaint regarding accounts would ADRE investigate?

A

Trust account complaints

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14
Q

What is not required to become a broker?

A

90 day residency in AZ

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15
Q

Can the commissioner hold an active license?

A

No

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16
Q

Is an auctioneer auctioning real estate required to have a license?

A

Yes

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17
Q

The rules of the commissioner have what

A

the force and effect of the law on a licensee

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18
Q

A licensee may not charge for document prep according to

A

AZ Constitution Article 26

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19
Q

By what power does the state have the right to license broker and salesperson

A

police power

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20
Q

What dont you need to have a license?

A

A high school diploma

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21
Q

To be an agent an individual is required to what?

A

Be licensed by only ONE broker

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22
Q

Does an attorney in fact acting as a broker need a license

A

yes

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23
Q

An active salespersn license must be available for what?

A

Available for review

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24
Q

Each day , property manager Q manages five different properties, receives an apartment in one of the properties for free of charge. What must be true regarding license?

A

They must have a real estate license

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25
An original real estate license period ends when?
2 years from end of month of issue
26
Does a referee in a bankruptcy need a license?
No
27
An unlicensed manager of an appartment house would be in violation of the real estate law if they what?
Collected commission on the sale of the building
28
If a license is not renewed on time the license is considered what?
EXPIRED
29
A licensee must activate their license how long after passing the exam?
12 months/1 Year
30
Does an office employee on a subdivision site who is answering questions about sales price of new home need a license
Yes
31
A real estate license is granted for how long?
2 years
32
A temporary brokers license may be issued to the spouse of a deceased broker in order to allow company to what?
wind down existing business
33
Does an attorney marketing real estate need a license?
Yes
34
An unlicensed employee of a real estate broker who works in a single multifamily apartment complex may be paid a bonus by the broker based on what?
Performance but may not exceed one half of employees monthly salary
35
A broker will be unable to work following surgery and designates an associate broker to act on the brokers behalf for three weeks. The broker must retain written designation for how long?
1 year
36
When bringing action in court to collect commission a licensee must prove what?
They were licensed when the cause of action arose
37
A licensee can receive an extra bonus from completing a difficult sale from who?
employing broker
38
When a salesperson and a employing broker have a dispute over commission their recourse is to where?
Civil courts
39
An unlicensed assistant may be paid how?
through a salary not based on transactions closed
40
The commissioner may issue a cease and desist order against a licensee on what
transactions, acts, practices, NOT CONTRACTS
41
Does an out of state broker need to indemnify the Arizona broker for an out of state broker to perform real estate services in AZ
No
42
An escrow company may disburse commissions directly to a brokers salesperson upon what?
written authorization from broker in each transaction
43
Who can employ an unlicensed assistant
Only the broker
44
Who makes up real estate reams?
Associate brokers and sales persons
45
A real estate salesperson license would automatically be terminated when?
Upon settlement of the recovery fund
46
Who cant collect from the recovery fund?
A LICENSEE
47
An unlicensed person acting as a broker or salesperson is guilty of what
a felony
48
Is a traffic violation grounds for license suspension/revocation
No
49
A licensee submits a renewal application to the ADRE. Two week's later, the license is notified that the licensee is missing one continuing education requirement. The broker would be responsible for not compensating the license when?
When transactions were negotiated after the licensee renewal date
50
A listing may be assigned by who?
By the listing broker to another salesperson in broker company
51
What is not considered an employment agreement?
Purchase and sale agreement
52
A real estate employment agreement may not what?
may not include automatic renewal provisions
53
What is not grounds for suspending and revoking a license?
Paying an unlicensed person for clerical services
54
If a broker is found to be in violation of a statute or rule they may be fined how much?
$1000 per violation
55
In a real estate team they all must be licensed by who?
Same broker
56
A licensed salesperson may be compensated for what?
Selling listed property
57
What creates an agency relationship?
listing agreement
58
How much must a licensed salesperson have to pay if the fund is below $600,000?
$10
59
Does a claimant need to be a resident of arizona to claim recovery fund?
No
60
A broker is required to keep records for a minimum of how many years from the termination of the transaction?
5 years
61
When a broker receives earnest money in a transaction they must what?
Deposit money in an escrow account or their trust account immediately
62
If an offer is rejected but eventually results in a binding contract the records must be kept for how long?
5 years from closing/termination of the contract
63
How often must trust accounts be reconciled?
Monthly
64
After the seller has accepted the offer, the salesperson must immediately deliver a copy of the signed agreement to who?
Buyer
65
Broker Q receives 2 bona fide offers. The first offer is from one from the sales person and the other offer from another broker? Which one should be represented?
Both
66
An offer is about to be presented but a last minute one comes in. Which one must be presented?
Both
67
When a salesperson advertises on a website, what must occur?
Broker's name must appear on all web pages
68
how many square feet in an acre
43,560 sq feet
69
What needs to be included in an ad to not violate commissioner rules
name and number of broker
70
Is describing a property in terms that overstate charm and luxury a misrep in advertising
no
71
If a salesperson is advertising another companys listing on salesperson website
Ad must include listing company name in a cleat and prominent manner
72
Which situation requires disclosure of licensees compensation to the client?
an associate brokers commission check is written by the escrow company but given to licensees broker for disbursement
73
If a verbal offer is made by the buyer what must occur
The seller should be informed and then instruct the agent in how to respond
74
A blind ad refers to what
Gives no indication that property is listed with a broker
75
Per AZ commissioner rules broker is required to give copies of all documents to who
All parties associated with the transaction