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71 Cards in this Set

  • Front
  • Back
3 Areas of Expertise: MVP
Marketing
Valuation
Property Transfer
Residential Sales (Must give disclosure statement)
Improved/Unimproved - 4 Units or Less
Leases with option to purchase all/part - 4 Unites or less
Disposition of business interests - 4 Units or less
Agricultural - 10 Acres or less
Concentrate on one type or style of property or on one particular neighborhood?
Farming
Business Brokerage-The composite value of the real and personal property, plus the intangible assets of business?
Going Concern Value/Assets
Property Management
Absentee Owners
Appraising within FREC
If Appraisal is NOT to be used in Federal transaction.
$250,000 or Less.
Prepared in accordance to USPAP.
NO FHA/VA/Federal Bank.
What facet of Real Estate requires the most knowledge and expertise?
Counseling
Highly Specialized service.
CPM
Certified Property Management
Designation awarded by (IREM)
Institute of Real Estate Management
What must Mort. Brokers have?
Seperate license issued by Fl. Dept. of Financial Services.
Which type of construction requires a model building?
Tract Building
Built to an owners specifications.
Custom Building
Construction built with a client in mind?
Speculative Building
Goverment Regulation: What takes place at the local level? Affecting developments that play significant role in cost and desirability of R.E.?
BUILDING MORATORIUMS.
What cannot be referred to as an Appraisal
CMA - Comparative Market Analysis
Ownership of streets and sidewalks conveyed by developer to the city?
Dedication
A Broker that is working for an employer is said to be?
Broker Associate
Mortgage brokers are license in Fl by?
DBPR
What are members of the Fl Bar exempt from taking?
FREC I - 63 hour pre-licensing course.
Applicants of Fl R.E. license.
Are NOT required to be residents of FL or citizens of US.
Must file an irrevocable consent to service from DBPR within (60Days)
MUST 18 and HAVE HS Diploma/GED.
Criminal Convictions
MUST disclose
How long does an applicant have to complete state exam once application is RECEIVED by DBPR
2 years.
If an application to take a state examination is denied by FREC what happens?
State must notify applicant within 21 days to file for a formal hearing before an administrative law judge in accordance with Ch 120.
What must sales associate be licensed under?
Broker or owner employer.
Brokers are what with the DBPR
Registered and licensed.
What are owner-employers?
Registered with DBPR but not licensed.
A R.E. Assoc. paid on commission can only be paid by whom?
His/her employer for real estate services.
Post Licensing Requirements
45 hour post licensing course prior to expiration date of initial license period. No GRACE PERIOD
C.E.
14 hours prior to license renewal during every 2-year period. Distance requires written exam of 30 questions.
Broker Post License
60 hours Post / 14 hour C.E.
What are the C.E. requirements for an active member of the Fl. Bar?
None they are exempt of C.E.
What is the Mutual Recognition agreement Fl. has with other states?
Fl. has no reciprocity with any other state. But has contractual agreements with 8 other states regarding education and experience.
AL/AK/CT/GA/IN/MS/NB/OK
Compensation defined?
To include anything of any service of value paid, received or expected to be paid or received.
Services of R. E. Memmory Device:
A

B
B
A
R

S
A
L
E
A= Appraising

B= Business Brokerage
B= Buying
A= Auctioning
R= Renting

S= Selling
A= Advertising R.E. Services
L= Leasing
E= Exchanging
Attorneys in Fact?
Power of Attorney for others.
What do Court Appointed Appraisers not need?
A license
Up to what monitary unit may individuals buy, sell, or perform services of R.E. for themselves without a R.E. license?
$50
A broker assoc. is qualified for a Broker lic but chooses to be employed under another actively license broker or owner employer. What is the broker assoc. new capacity?
Sales Assoc.
How many brokers can a Sales Assoc and/or Broker Assoc. work for at time?
Only 1 at a time.
What is an owner/employer?
Individual in the business of buying, owning, and developing real estate. MUST be registered with the DBPR but does not need a R.E. license.
If a Sales Assoc. does not complete post license education during initial lic. period what happens to license?
VOID
Upon passage of state exam an applicant receives what type of license?
Inactive
When was FREC created?
1923
Registration of an active sales assoc with the DBPR refers to?
Placing and keeping on record the sales assoc. name, and the business address of employer.
F.S. 455 created what and why?
455 created the DBPR to oversee and regulate in the state of Fl.
What can the DBPR NOT issue?
An injunction.
How many members are FREC?
7
At least 4 Brokers
1 licensed R.E. for at least 2 years prior to appt.
2 Lay members.
How many terms can members of FREC serve?
No more than 2 consecutive 4 year terms. No MAX on number of inconsective years they can serve.
How often does FREC meet?
At least once a month.
What can the chairperson of FREC exercise acting alone?
Executive powers
What gives FREC the powe to make and pass tules and regulations regarding operation of licensees?
Quasi-legislative powers
What allows FREC to impose disciplinary action for violations of laws or rules?
Quasi-judicial powers
What is the MAX fine the commission can impose on violations?
MAX $5000 p/offence
Probation
Suspention up to 10 years
Revocation
How long is the initial license period?
Not less than 18 mo not more than 2 yrs.
All licenses expire either March 31 or September 30.
How much time do you have to notify the DBPR of a change?
No longer than 10 days after the change.
How long can an individual remain in involuntary inactive license?
No more than 2 years.
What happens to a Sales Assoc. license if the Brokers license becomes suspended, revoked or void/ineffective?
The license of all persons licensed under said broker become automatically inactive.
When would a license be cancelled?
When a licensee decided to no longer practice real estate and turn the license back into the DBPR.
What is a special agent authorized to do on behalf of the principle?
Perform a single act/broker.
A general agent acts as a________? And has the principals authority to act on a continuing basis BUT with authority limited to what?
Sales associate/
A specific trade or business.
Universal agent?
Authorized to act and represent principal in all matters/power of attorney.
Subagent?
Extension of another agency
Same duties to the principle as the agent/broker.
The Brokerage Relationship Disclosure Act
Purpose served by disclosures in a real estate transaction is to both inform and educate the public.
As of Oct.1, 1997 all residential R.E. AGENTS MUST USE DISCLOSURE FORMS SPECIFIED IN BRDA
T
L
C
Transaction broker- presumption of law
Limited representation
Customer - buyer/seller/both
No fiduciary
What does not apply to non-residential sales?
Disclosure requirements
Designated sales associate?
Represent the different customers in the same transaction.
Non-residential
Sales over $1 mil each
What would be a result of concealment regarding transmittal of any and all offers to the principal?
Breach of trust could result in disciplinary action against the broker.
Who can a sales associate file suit against if not compensated as agreed?
Only the employer
If a broker collects an entire commission and refuses to share w the other broker as agreed. What can he/she be charged with?
Failure to account/form of fraud
What does procuring cause get?
Commission
What act has makes it illegal for competing brokers to discuss or attempt to fix the rate charged for their services.
The Sherman Clayton Antitrust Act
When may a FL BROKER pay a referral fee?
Lic broker registered by another state or foreign country.