violations, penalties and proceedures

Question 1

Moral Turpitude

Answer 1

conduct that goes against justice, honesty, good morals, or custom; also depraved, base
behavior. a vague word can mean various acts of dishonesty and wrondoing.

bad behavior that specifically affects one’s real estate business.

the kind of behavior that makes people say, “Wow, that’s just plain awful.” It’s all about going against society’s standards of honesty and good morals.

include offenses that violate community standards of honesty and good morals like fraud, theft, and assault.

Embezzlement

Larceny

Robbery

Manslaughter by culpable negligence

Bookey - gambling

Question 2

breach of trust

Answer 2

breaking of a promise or obligation, and can be done through action, omission, default, or nonperformance

Question 3

Culpable negligence

Answer 3

negligent conduct that is not intentional but involves a disregard of the consequences that will likely result

Question 4

stipulation

Answer 4

is a settlement between parties as to the facts of the case and the penalty reached.

Question 5

writ of supersedeas

Answer 5

issued by district court of appeals it is supersedes” (that is, overrules) FREC’s order.

Question 6

What is the fine for breaking the law ?

Fred, a licensee, provides
rental lists for a fee. The lists are incorrect
and outdated.

Criminal Penalty Type
Incarceration
Fine amount

Answer 6

1st degree misdemeanor
Up to 1 Year incarceration
Up to $1000

Question 7

What is the fine for breaking the law ?

Broker Billy employs Sally as a sales associate, even though Sally doesn’t hold
a license.

Criminal Penalty Type
Incarceration
Fine amount

Answer 7

2nd degree Misdemeanor
Up to 6 mo. Incarceration
Up to $500 fine

Question 8

What is the fine for breaking the law ?

Elaine practices real
estate without a license.

Criminal Penalty Type
Incarceration
Fine amount

Answer 8

3 degree Felony
Up to 5 years incarceration
Up to $5000 in fines

Question 9

Sheila steals a licensing exam.

Answer 9

3rd degree felony

Question 10

best option for denial and recovery of compensation

Answer 10

civil law suit

Question 11

maximum penalty is 60 days incarceration and $500 fine

Answer 11

2nd degree misdemeaner

Question 12

Broker Belle operates under a trade name without properly notifying FREC

Answer 12

2nd degree misdemeaner

Question 13

maximum penalty is one year incarceration and $1,000 fine

Elsa provides inaccurate, out-of-date rental information lists to prospective tenants who pay for those lists.

Answer 13

1st Degree misdemeaner

Question 14

maximum penalty is five years incarceration and $5,000 fine
Sheila steals a licensing exam.

Answer 14

3rd degree felony

Question 15

Susan advertises her sister’s home for sale on the MLS and several other sites. She doesn’t have a real estate license

Answer 15

3rd degree felony for acting like your a broker or sales associate when you are not.

Question 16

writ of execution

Answer 16

A court order directing a public officer (often the sheriff or marshal) to seize and/or sell property to regain possession for the owner and/or satisfy a debt.

Question 17

What is the maximum amount the Recovery Fund can pay out for claims arising from one TRANSACTION?

Answer 17

$50,000

Question 18

What is the maximum amount the Recovery Fund can pay out for claims against one LICENSEE?

Answer 18

$150,000

Question 19

A broker complied with an EDO. However, the seller sued the broker, and won. In the judgement, the broker was ordered to pay $8,000 (actual damages), $5,000 (punitive damages), and court costs ($2,000). The seller’s attorney fees were $3,000. The broker’s attorney fees were also $3,000. The broker made a claim to the Recovery Fund, which agreed to reimburse.

Answer 19

Remember that the Fund never covers punitive damages. The Recovery Fund would reimburse up to $16,000:

Question 20

A complaint in Florida has been filed, in writing. What else needs to be true for the complaint to be investigated?

Answer 20

Complaint must be Legal sufficient

Question 21

What is a stay of enforcement?

Answer 21

The licencee will file a stay of enforcement to insure that the final order against them is not implemented until their appeal is over.

Question 22

list the order for Notification of Noncompliance

Answer 22

1. Licensee recieve a notice of noncompliece.
2. Has 15 days to correct.
3. If he does not Citation issued with appropiate fine.

Question 23

Up to how many years can a license by suspended

Answer 23

10 years

Question 24

citation ($100-$500 fine) #denial of license application #notice of noncompliance #license revocation #probation #administrative fine (up to $5k) #license suspension

Rank FREC’s administrative penalties from least to most severe.

Answer 24

BAD TO WORSE
1. denial of license application
2. notice of noncompliance
3. citation ($100-$500 fine)
4. probation
5. administrative fine (up to $5,000)
6. license suspension
7. license revocation

Question 25

Failure to account or deliver

Answer 25

the failure to deliver personal property (such as money, legal documents, or commission) to the person entitled to receive it.