violations, penalties and proceedures Flashcards
Moral Turpitude
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
breach of trust
breaking of a promise or obligation, and can be done through action, omission, default, or nonperformance
Culpable negligence
negligent conduct that is not intentional but involves a disregard of the consequences that will likely result
stipulation
is a settlement between parties as to the facts of the case and the penalty reached.
writ of supersedeas
issued by district court of appeals it is supersedes” (that is, overrules) FREC’s order.
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and outdated.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
1st degree misdemeanor
Up to 1 Year incarceration
Up to $1000
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
2nd degree Misdemeanor
Up to 6 mo. Incarceration
Up to $500 fine
What is the fine for breaking the law ?
Elaine practices real
estate without a license.
Criminal Penalty Type
Incarceration
Fine amount
3 degree Felony
Up to 5 years incarceration
Up to $5000 in fines
Sheila steals a licensing exam.
3rd degree felony
best option for denial and recovery of compensation
civil law suit
maximum penalty is 60 days incarceration and $500 fine
2nd degree misdemeaner
Broker Belle operates under a trade name without properly notifying FREC
2nd degree misdemeaner
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Elsa provides inaccurate, out-of-date rental information lists to prospective tenants who pay for those lists.
1st Degree misdemeaner
maximum penalty is five years incarceration and $5,000 fine
Sheila steals a licensing exam.
3rd degree felony
Susan advertises her sister’s home for sale on the MLS and several other sites. She doesn’t have a real estate license
3rd degree felony for acting like your a broker or sales associate when you are not.
writ of execution
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.
What is the maximum amount the Recovery Fund can pay out for claims arising from one TRANSACTION?
$50,000
What is the maximum amount the Recovery Fund can pay out for claims against one LICENSEE?
$150,000
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.
Remember that the Fund never covers punitive damages. The Recovery Fund would reimburse up to $16,000:
A complaint in Florida has been filed, in writing. What else needs to be true for the complaint to be investigated?
Complaint must be Legal sufficient
What is a stay of enforcement?
The licencee will file a stay of enforcement to insure that the final order against them is not implemented until their appeal is over.
list the order for Notification of Noncompliance
- Licensee recieve a notice of noncompliece.
- Has 15 days to correct.
- If he does not Citation issued with appropiate fine.
Up to how many years can a license by suspended
10 years
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.
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
Failure to account or deliver
the failure to deliver personal property (such as money, legal documents, or commission) to the person entitled to receive it.
