Virginia's Real Estate License Law (10) Flashcards
________________, is the section of the statute that governs the practice of real estate professionals. The purpose of the law is to protect the public interest against fraud, misrepresentation, dishonesty, and incompetence in real estate transactions.
The law designates the __________________ as the authority with the power to enforce, amend, and promulgate rules and regulations for implementing the law.
Title 54.1, Chapter 21 of the Code of Virginia
Real Estate Board (REB)
Actively Engaged
- active licensure
- at least 40 hours per week.
*The REB may waive the 40-hour-per-week requirement at its discretion.
Independent contractor
- licensee who represents a client other than as a standard agent
- duties governed by a written contract
Real estate
Includes condominiums, leaseholds, time-sharing, and any other interest in real property….including cooperatives. As defined by Virginia Law.
Standard Agent
A licensee who acts for or represents a client in an agency relationship.
The ___________ is 1 of _____ boards that regulate more than 30 occupations and professions including practitioners, including salespersons, associate and principal brokers, and sole proprietors.
Virginia Real Estate Board (VREB)
19
Through what 2 means does the Department of Professional and Occupational Regulation (DPOR) serve and protect the public?
1) licensure
2) enforcement of laws
Whom appoints the members, comprising of practitioners and citizens, of the DPOR?
the governor
The _________ is composed of _______members. ______ members may be either ________________ with at least ______ consecutive years’ experience immediately prior to appointment, and ______ are ___________ members. Appointments are made by the governor for a term of ________. Sitting members may be reappointed for one additional ________ term. Members of the REB select the chairperson.
REB 9 7 brokers or salespersons 5 2 citizen (consumer) 4 years 4 year
In addition to administering the real estate license law, the REB has the responsibility of administering what ? (6)
1) Virginia Fair Housing Act
2) Virginia Condominium Act
3) Virginia Time-Share Act
4) Virginia Cooperative Act
5) Virginia Real Estate Transaction Recovery Fund
6) Virginia Property Owners Association Act
What are 4 aspects of real estate practice with which the REB does not become involved?
1) disputes between salespersons and brokers
2) disputes between brokers
3) establish commission rates
4) standardize sales contracts
T/F. A broker-owned sole proprietorship is not required to obtain a separate firm license unless operating under a fictitious name?
True
Regarding operating without a license, the REB may refer the matter to the Commonwealth _________ for action. Any penalty for such activities against the individual or firm will be determined by the _________. Operating without a license is considered to be a________________ with a penalty of up to ___________ per violation. A _________ or subsequent violation within a single _____________ period constitutes a ______________. The civil penalties against one person or business entity cannot exceed ______________ per year.
attorney courts class-1 Misdemeanor $1,000 3rd 3-year Class-6 Felony $10,000
Regarding requirements for licensure, an applicant for a broker’s license must meet additional educational requirements and must have been actively engaged as a real estate salesperson for how long?
“Actively engaged” here means how long?
- 36 of the previous 48 months.
- An average of 40 hours per week
Regarding VA real estate licensure, all initial applications for licensure must be made within ___________ of the _____________. Failure to apply within this time period will require retaking the exam.
12 months
examination date
Regarding real estate salesperson licensure, an applicant for licensure as a real estate salesperson must have successfully completed a “Principles of Real Estate” or similar course approved by the REB. The course must contain ________ semester credit hours or a minimum of ________ classroom, correspondence, or other distance learning instruction hours prior to making application for the examination.
4
60
Regarding real estate broker licensure, applicants for a real estate broker’s license must meet the following requirements in addition to meeting the salesperson licensing requirements. An applicant must
have been actively engaged as a real estate salesperson for \_\_\_\_\_\_\_\_\_\_\_\_ immediately preceding the date of application for licensure as a real estate broker, and have successfully completed \_\_\_\_\_\_\_ classroom or correspondence semester credit hours (\_\_\_\_\_\_ 45-hour courses, or \_\_\_\_\_\_ classroom hours) of study approved by the REB in such subjects as brokerage, real estate law, real estate investments, real estate finance, and real estate appraisal, or related approved subjects prior to the licensing examination. All applicants are required to complete the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.
36 of the 48 months 12 4 180 45-hour brokerage course
Concurrent Licenses?
Will be issued to brokers who are active in more than one legal entity, that is, who work for more than one brokerage firm. ***Concurrent licensure does not refer to persons holding licenses in multiple states.
T/F. Regarding concurrent licenses, written statements verifying that written notice of the applicant’s concurrent status must be provided to the principal broker of each firm with which the applicant is or will be associated?
True
What 3 things must be included in a branch office application form?
1) Name of the firm
2) location of the branch office
3) name of the branch office’s supervising broker
What 2 things must be made available at each branch office?
1) branch office license
2) a roster of every salesperson and broker assigned to the branch
An ___________ means that the licensee is affiliated with or employed by a broker. The licensee’s broker must certify his or her license application and agrees to be responsible for the licensee’s brokerage activities. When the REB has approved the application, the license will be issued and sent to the _____________. The licensee is now considered to have active status: He or she is licensed to engage in real estate activities and receives a ___________ as evidence of his or her status as a broker or salesperson. The principal broker is responsible for maintaining the licenses of every salesperson and broker (affiliated with or employed by the brokerage entity) at the __________ of the firm.
active license
principal broker
pocket card
main office
T/F. Though a licensee has an inactive status, he or she may still be able to collect referral fees?
False
Regarding changes of a licensee changing from active to inactive status, if the broker has not yet returned the license of the individual involved in the change, the broker must do so by certified mail so that it is received by the REB within how long?
10 days of the date of notification
Regarding a licensees move from inactive to active status, if a licensee has been on inactive status for ________ or more, the licensee must meet educational requirements in effect at that time to be reinstated to active status.
3 years
If a licensee has been on inactive status for three years or more, the licensee must meet educational requirements in effect at that time to be reinstated to active status. How can this educational requirement be waived?
if licensee was engaged in a real estate-related field while inactive and can demonstrate to the REB that the knowledge of real estate has been retained.
If a licensee was on inactive status at the time the license was renewed, the licensee must submit evidence that he or she did successfully complete the required ______ of continuing education during the __________ preceding reactivation.
16 hours
24 months
Referral Agent
A licensee who refers prospective buyers or sellers to the broker with whom the agent is affiliated.
T/F. The REB considers a person acting in the capacity of a referral agent to be inactive.
False. Active status
T/F. A referral agent will be required to complete the mandatory continuing education requirements every licensing cycle?
True
A person who holds a real estate license issued by another state may apply to the REB for a ______________.
license by reciprocity
Disregarding other requirements, a licensee applying for a salesperson’s license by reciprocity in VA, the licensee must have been actively engaged in real estate practice for ____ of the preceding ____ months, or have met educational requirements substantially equivalent to Virginia’s;
12
36
Disregarding other requirements, a licensee applying for a broker’s license by reciprocity in VA, the licensee must have been licensed as a real estate broker and actively engaged as a broker or salesperson for ____ of the ____ months immediately prior to application
36
48
Consent to Suits and Services?
Another requirement for nonresidents for a licensure by reciprocity that allows the Director of the DPOR to accept notice of suits on the licensees behalf. (you must consent to sue or be sued)
Regarding business entities under the supervision of a principal broker, what are 3 advertising requirements they must follow?
1) all advertising must be under the direct supervision of the principal or supervising broker and in the name of the firm
2) The firm’s licensed name must be clearly and legibly displayed on all advertising
3) If advertised by the firm, must contain the firm’s licensed name and address. If advertised by a licensee, must contain the licensee’s name, the name of the firm where the licensee is affiliated, and the firm’s address.
When do the real estate licenses of salespersons, brokers, and firms expire?
Every 2 years, on the last day of the month in which the license was issued.
T/F. Renewal requirements apply to both active and inactive licensees alike?
True
T/F. In VA, failure to receive a notice of renewal relieves the licensee of the responsibility to renew?
False
Regarding licensing renewal, what are the application and renewal fees for;
1) Salesperson by education & examination
2) Salesperson by Reciprocity
3) Salesperson or associate broker’s license as a business entity
4) Broker by education & examination
5) Broker by reciprocity
6) Broker concurrent license
7) Firm license
8) Branch office license
9) Transfer Application
A = Application Fee R = Renewal Fee
1) A = $170
R = $65
2) A = $170
R = n/a
3) A = $210
R = $90
4) A = $210
R = $80
5) A = $210
R = n/a
6) A = $140
R = $80
7) A = $270
R = $160
8) A = $190
R = $90
9) A = $60
R = n/a
Regarding licensing renewal in VA, If the licensee does not renew his or her license prior to expiration, the licensee must apply to have the license _____________.
reinstated
The regulations allow for reinstatement of a license up to ________ following expiration. If the application to reinstate is received within ________ of expiration, there is no monetary penalty. However, from the 31st day up to one year, application for reinstatement is subject to the current _____________. The reinstatement fee is a flat fee and is not in addition to the normal renewal fees.
1 year
30 days
reinstatement fee
Regarding licensing and continuing education in VA, ______ of the 16 continuing education course hours must include the subjects of _________ and ___________. The remaining eight hours shall be on other approved subjects.
8
ethics
standards of conduct
Post-licensing Education (PL or PLE)
education required to obtain the first salesperson license renewal
Post-licensing education always takes place when?
Continuing Education must be completed when?
During the initial 2-year term of the license
During the 2nd and all subsequent 2-year licensing terms
(1) What are the post-licensing (PL) education hour requirements for salespersons and brokers?
(2) What are the continuing education hour requirements for salespersons and brokers?
(1) salespersons = 30 hours
broker = 24 hours
(2) salespersons = 16 hours
brokers = 24 hours
