Yels Flashcards
In a rental property situation, a landlord may condition the agreement to allow modifications with the stipulation the tenant
Restores the interior of the premises to the premodification condition.
It is a legitimate landlord action to
Limit occupancy based on honest square footage limits.
Alcoholics and drug addicted who have been diagnosed, treated and are not currently addicted are
Protected under federal fair housing laws as having a disability.
If a mentally ill tenant is behaving inappropriately and reasonable action such as counseling has not solved the problem,
The tenant may be evicted. A landlord does not have to tolerate such behavior by a mentally ill tenant.
Types of illegal activity under familial status include:
Charging higher security deposits, segregating families within buildings, maintaining “adults only” complexes that do not constitute housing for older adults.
Types of illegal activity under provisions for the handicapped include:
Refusal to permit reasonable accommodations for the full enjoyment of the renter, refusal to make reasonable accommodations, failure to design and construct for first occupancy as of March 1991 an accessible rout info and through the dwelling.
The 1988 amendments also provide that certain properties may be restricted for
Occupancy by the elderly.
The amendments provide an exemption from the ______ status protection for housing intended for or occupied solely by persons ___ years of age or older, or housing intended or occupied by at least one person ___ years of age or older per unit.
Familial; 62; 55
Properties complying with the 55 or older exemption must have at least
80% if the units occupied by at least one individual who is 55 years of age or older.
Exemption properties also must publish policies and procedures that
Demonstrate the intent to provide housing for these individuals
The 1988 amendments do not require that housing be made available to
Individuals who would constitute a direct threat to health or safety, and individuals who have been convicted drug dealers.
A civil penalty against the respondent, not exceeding ______ for the first offense
16,000
A penalty not exceeding ____ if another offense was committed within the past five years.
37,500
A penalty not exceeding _____ if two or more discriminatory practices have been found in the past seven years.
65,000
An order for _______ her May include actual damages, injunctive relief, and other equitable relief.
Appropriate relief
Exemptions from the fair housing law: sale or rental of a single family home if the home is owned by a person who does not own more than ___ such homes at one time and if certain conditions exist, such as a
3; broker cannot be used, discriminatory advertising is not used, and if the owner is not currently living in the home or was not the most recent occupant
Rental rooms or units in an owner occupied, one family to ___ family dwelling is exempted from fair housing laws.
4
Dwelling units owned by religious organizations may be restricted to persons of the same religion if membership is not restricted on the basis of
Race, color, sex, National origin, disability or familial status.
Lodging of a private club may be restricted to members as long as
The lodgings are not operated commercially.
The truth in lending act affects lenders, as well as real estate brokers or even property owners advertising their own real estate when financing terms are included in their advertising.
Truth in advertising
The broker is generally prohibited from placing
Blind add - those that do not identify the broker as the advertiser.
HUD’s advertising guidelines cover the categories of:
All protected classes and photographs or illustrations of people.
Establishes basic rules for creating legally enforceable electronic contracts.
UETA or the uniform electronics transactions act
A primary database used in the marketing of real estate.
Internet listing display policy or ILDP
Most real estate licensees are affiliated with their brokers as
Employed independent contractors.
A principal or employing broker could be held liable for
Acts of his or her employees
A principal broker can not control
the working conditions of an independent contractor
A principal broker could be held liable for the acts of
His or her independent contractor.
Refers to who caused the sale to happen this is entitled to commission
Procuring cause
Extends listing protection for the broker and protects brokers commission for a period of time after expiration of the listing contract for identities parties, such as
Protection clause; a buyer who negotiated on the property during the listing period and who buys the property after the listing has expired.
Referral fees and ___ fees are interchangeable terms
Finders
Salespeople May receive money only from
The principal broker and not other licensees.
Avoiding unauthorized practices of law can include never telling a client or customer that they
Don’t need legal advice
Never sign a document on behalf of
A client or customer unless acting as a universal agent
Do not change the terms and conditions of an approved form unless
Directed by the client.
Agreement among brokerage firms or real estate professionals to divide their markets and refrain from competing for each other’s business
Allocation of markets
Conspiracy among brokerages to set prices for their services rather than negotiating such fees
Price fixing
Two or more businesses conspire against other businesses to reduce competition
Boycotting
Agreements to sell one product only if buyer purchases another product as well
Tie in agreement
Reals stare professionals found guilty of violating the Sherman antitrust laws may be found guilty of a felony and punishable by a maximum of
1 million dollar fine and 10 years in prison.
I’m a civil suit, a broker found guilty of a violation of the Sherman antitrust act is liable for
Triple damages plus attorney and court costs.
The purpose of antitrust laws is to
Protect competition.