Unit 6 Exam Flashcards
For a license expired more than 120 days but less than one year, a licensee must either attend a two-day commission meeting or pay a civil penalty of $1,500.
F
Brokers must have a sign outside the office identifying it as a real estate office.
T
TREC could revoke the license of a licensee who gives the consumers a copy of a contract that they sign when they sign it.
F
Calling oneself a REALTOR® if one has not joined NAR could be considered misleading and untruthful advertising.
T
A licensee is likely to be sued for failing to disclose to a buyer that the property the buyer purchased through the licensee was the site of a homicide.
F
If directly asked whether an owner died or is currently afflicted with HIV, licensees must answer honestly what they know about it.
F
Match the following with its definition:
Circuit or chancery
Affiliate broker
Executor
Time-share salesperson
Errors and omissions
Class B misdemeanor
A)
A person engaged under contract by or on behalf of a licensed broker
B)
The violation for acting as a broker or affiliate broker without first obtaining a license
C)
One who is exempt from the requirement of having a license to sell real estate for compensation
D)
Insurance all active licensees must have
E)
Courts that normally hear real estate cases
F)
One who is licensed to sell time-shares only
Circuit or chancery = E
Affiliate broker = A
Executor = C
Time-share salesperson = F
Errors and omissions = D
Class B misdemeanor = B
In order for the consumer to get money from the Education and Recovery Account, a four-step process must be followed.
A)
Obtain a judgement
B)
Notify the commission in writing
C)
Exhaust all remedies at law
D)
Apply to the court for an order directing payment
B, A, C, D
Match the following:
Resident manager
One
Two
Contract
Seventy
Property manager
A)
One who usually is not required to have a real estate license
B)
Number of Tennessee Real Estate licenses that may be held at one time
C)
One who is required to have a real estate license
D)
Number of commissioners without a real estate license
E)
Creates the broker-affiliate broker relationship
F)
Minimum percentage passing grade on affiliate tests
Resident manager = A
One = B
Two = D
Contract = E
Seventy = F
Property manager = C
Match:
Payee of the funds
During normal daytime working hours
Reactivate errors and omissions insurance
Cease transacting real estate business
Pay the biannual renewal fee
Interpleader
A)
Required of a retired licensee
B)
An escrow account requirement
C)
Action prior to reactivating an inactive license
D)
Court action to determine how earnest money should be disbursed
E)
Affiliate’s immediate response to a broker’s death
F)
Time brokers must be accessible to their affiliate brokers
Payee of the funds = B
During normal daytime working hours = F
Reactivate errors and omissions insurance = C
Cease transacting real estate business = E
Pay the biannual renewal fee = A
Interpleader = D
Match:
Tennessee state attorney general
Zero
18
Three from each grand division of the state
Sign outside
Five years
A)
A full term as a commissioner
B)
Minimum age to become a broker
C)
Recovery amount for licensees in the Education and Recovery Account
D)
Required of a broker to maintain a home office
E)
Defender of commissioners in court
F)
From where commissioners are selected
Tennessee state attorney general = E
Zero = C
18 = B
Three from each grand division of the state = F
Sign outside = D
Five years = A
The director of education of the Commission
A) must be member of a racial minority. B) must have passed the broker's exam. C) must have a college degree. D) must have been appointed by the governor.
Explanation
The answer is must have a college degree. The college major is not specified, only that the director of education have a college degree.
A licensee is selling a property where a convicted sex offender once lived. The house would be considered a stigmatized property. Regarding stigmatized properties, licensees
A)
may disclose if they morally feel it is the right thing to do.
B)
are prohibited from such disclosure.
C)
must disclose their knowledge only under a court order.
D)
must only disclose with seller permission.
Explanation
The answer is may disclose if they morally feel it is the right thing to do. Disclosure of a social or psychological fact is not required, but it also is not prohibited.
A licensee is selling a house that is known in the area as haunted. Such a property is known as a
A) a starter home. B) bungalow. C) latent defect. D) stigmatized property.
Explanation
The answer is stigmatized property. A stigmatized property is one that the public has branded as undesirable because of the belief that some negative event occurring there.
The liability of the education and recovery account to a consumer per transaction does NOT exceed
A) $5,000. B) $15,000. C) $10,000. D) $20,000.
Explanation
The answer is $15,000. The maximum payout to the consumer who attempts to recover a monetary loss as a result of a real estate transaction is $15,000.
To obtain a broker’s license, one must be at LEAST
A) 16 years of age. B) 25 years of age. C) 21 years of age. D) 18 years of age.
Explanation
The answer is 18 years of age. Eighteen is the age of majority in Tennessee.
A physical location will be considered a branch office if the broker
A) allows affiliate brokers to work there. B) can still supervise those working there. C) has a mail box there registered with the post office. D) ensures that it is not the sole sales office for the firm.
Explanation
The answer is has a mail drop there registered with the post office. Examples of a physical location are a model home or a modular at a new construction site.
Another name that Tennessee allows instead of facilitator is
A) transaction broker. B) transaction manager. C) facilitator agent. D) facilitator person.
Explanation
The answer is transaction broker. The terms facilitator and transaction broker are synonymous in Tennessee.
After TREC gives a firm 30 days plus a grace period to find a replacement broker for one who has died or has been absent for an extended period, the firm will MOST likely be shut down if a replacement broker is not found by the
A) end of the month. B) end of the year. C) 61st day. D) 25th day.
Explanation
The answer is 61st day. TREC will give a firm and initial 30 days plus an additional 30 days to locate a replacement broker; if none is found by the end of the 61st day, it is most likely that the firm will be shut down.
Sellers must complete a property and environment condition disclosure if they currently live in the residence for sale or have lived there at any time in the past
A) four years. B) two years. C) three years. D) one year.
Explanation
The answer is three years. If the owners have resided in the home anytime in the past three years, they must complete a property and environmental condition disclosure.
The two fiduciary duties that the Commission has stated are due to clients are
A) disclosure and accounting. B) obedience and loyalty. C) care and obedience. D) confidentiality and care.
Explanation
The answer is obedience and loyalty. Under the scope of agency there are other fiduciary obligations, but TREC has specifically stated that obedience and loyalty are due clients in Tennessee.
Brokers must keep records of all monies placed in the escrow account for a minimum of
A) one year. B) six months. C) six years. D) three years.
Explanation
The answer is three years. The records include depositor of the funds, date of deposit, date of withdrawal, payee of the funds, and so on.
A stigmatized property is one that has been branded as
A) an undesirable property. B) an unaffordable property. C) a desirable property. D) a commercial property.
Explanation
The answer is an undesirable property. A stigmatized property is a property that has acquired an undesirable reputation because of an event that occurred on or near it, such as violent crime, gang-related activity, illness, or personal tragedy. Some states restrict the disclosure of information about stigmatized properties.
When affiliated with a franchise or cooperative advertising group, and advertising something other than a property, the ad must include
A)
reference to the company that printed the ad.
B)
the fact that the licensee is an independent contractor and not an employee.
C)
the broker’s personal name.
D)
a disclosure saying, “Each (name of franchise) is independently owned and operated.”
Explanation
The answer is a disclosure saying, “Each (name of franchise) is independently owned and operated.” TREC does not require this disclosure when advertising property, only when advertising other than property.
An agent told a buyer that a property the buyer purchased was zoned for a certain school district, when in fact it was zoned for another school district. The agent’s license could be revoked or suspended because his actions could be interpreted as
A) negligent misrepresentation. B) nondisclosure. C) advice. D) negligence.
Explanation
The answer is negligent misrepresentation. The agent’s actions could constitute substantial and willful misrepresentation.
Once released from a real estate firm, the licensee must find another real estate firm at which to affiliate within
A) 21 days. B) 7 days. C) 14 days. D) 10 days.
Explanation
The answer is 10 days. Licensees who wish to transfer to a new firm must do so within 10 days of being released from their former firm.
An agent has been offered a listing agreement at an estate sale because the owner committed suicide in the home. The agent
A)
is prohibited from disclosing the suicide.
B)
must disclose knowledge of the suicide.
C)
does not have to disclose knowledge of the suicide.
D)
should reject the listing because of the suicide.
Explanation
The answer is does not have to disclose knowledge of the suicide. Tennessee license law does not require disclosure of a stigmatized property.