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18 Cards in this Set

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The probable-cause panel includes

A. a total of two members.
B. at least one professional member.
C. at least one current member.
D. all of the above.
D. all of the above.
A person is eligible to seek recovery from the Real Estate Recovery Fund if

A. he or she has received a final judgment against a licensee in any
action wherein the cause of action was based on a real estate
brokerage transaction, unless specifically precluded.
B. he or she is a licensed broker who acted as the agent in the
transaction that is the subject of the claim.
C. his or her claim is based on a real estate transaction in which the broker did not hold a valid, current, and active license at the time of the transaction.
D. any of the above events has occurred.
A. he or she has received a final judgment against a licensee in any action wherein the cause of action was based on a real estate brokerage transaction, unless specifically precluded.
The decision as to whether probable cause exists is made by a majority vote of the

A. Commission.
B. Commission or the Department, as appropriate.
C. administrative law judges.
D. probable-cause panel (or the Department if there is no panel).
D. probable-cause panel (or the Department if there is no panel).
Which action would cause a license to be revoked without prejudice?

A. A licensee accepted an earnest money deposit on a property
that he knew was encumbered by an undisclosed lien.
B. The broker obtained his license by means of fraud,
misrepresentation, or concealment.
C. A sales associate received her license as a result of an
administrative error by the Division of Real Estate.
D. For the referral of real estate business a licensee shared a
commission with a person (not party to the transaction) who
did not have a real estate license.
C. A sales associate received her license as a result of an
administrative error by the Division of Real Estate.
Which offense is a misdemeanor of the second degree?

A. Failing to provide current and accurate rental information for a fee.
B. Publishing false or misleading information to induce a buyer to purchase real property.
C. Unlawfully collecting an advance fee for listing real property.
D. All of the violations are misdemeanors of the second degree.
B. Publishing false or misleading information to induce a buyer to purchase real property.
Who prepares and submits a recommended order of findings and conclusions in a complaint case?

A. Court of law
B. Administrative law judge
C. Probable-cause panel
D. The DBPR
B. Administrative law judge
Any final order issued by the DBPR Secretary or a legally appointed designee that results from circumstances that pose an immediate danger to the public's health, safety, or welfare is called a

A. petition for review.
B. stay of enforcement.
C. summary or emergency suspension.
D. license revocation.
C. summary or emergency suspension.
Broker Jack of Farm Acres Realty listed a 15-acre farm. Jack accepted a $5,000 earnest money deposit from the buyer. However, the buyer was unable to secure financing and requested the funds be returned according to the terms of the contract. Jack was unable to reimburse the buyer because he used the money to pay his office rent and other overhead. Jack is guilty of

A. dishonest dealing by trick, scheme, or devise.
B. failure to account and deliver.
C. fraud.
D. culpable negligence.
B. failure to account and deliver.
The DBPR is authorized to investigate a written complaint filed against a licensee

A. if the alleged complaint is legally sufficient.
B. only if the claimant has been harmed by the actions of the licensee.
C. only if the alleged violation was committed in the State of Florida.
D. only if all of the above conditions have been met.
A. if the alleged complaint is legally sufficient.
Neglecting to correct omissions or errors on a license application returned by the DBPR to the applicant for correction is considered grounds for

A. suspension of an applicant's rights.
B. denial of the application.
C. revocation of the application.
D. administrative revocation.
B. denial of the application.
If a broker's license is suspended, the licenses of all sales associates working for that broker are

A. placed in involuntarily inactive status.
B. denied.
C. suspended.
D. revoked.
A. placed in involuntarily inactive status.
One of the grounds for the suspension or revocation of a licensee's license is the unauthorized use or retention of money or property, otherwise known as

A. concealment.
B. conversion.
C. culpable negligence.
D. commingling.
B. conversion.
Less than careful attention to duties, one of the grounds for suspension or revocation of a licensee's license, is otherwise called

A. concealment.
B. conversion.
C. culpable negligence.
D. commingling.
C. culpable negligence.
When payment from the Real Estate Recovery Fund is made to satisfy a claim against a licensee because the licensee did not comply with an escrow disbursement order, the Commission's action against the licensee must be

A. citation.
B. probation.
C. automatic suspension.
D. emergency suspension.
C. automatic (immediate) suspension.
Which type(s) of penalties may be imposed for violations of the real estate license law?

A. Civil penalties only
B. Administrative penalties only
C. Civil and administrative penalties only
D. Criminal, civil, and administrative penalties
D. Criminal, civil, and administrative penalties
When a licensee is found guilty of a violation of 475, F.S., the Florida Real Estate Commission may impose any of the following disciplinary penalties EXCEPT

A. imprisonment.
B. probation.
C. an administrative fine.
D. denial of a license application.
A. imprisonment.
One penalty that the Commission may not legally levy is to

A. deny the issuance of a license.
B. deny the payment of compensation.
C. suspend a license.
D. revoke a license.
B. deny the payment of compensation.
The collective amount to be paid from the Real Estate Recovery Fund as a result of any one real estate transaction may not exceed

A. $25,000.
B. $50,000.
C. $75,000.
D. $150,000.
B. $50,000.