Florida Real Estate License Laws Overview
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Florida Real Estate License Laws Overview

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Questions and Answers

A sales associate's license may be?

  • Transferred to another state
  • Automatically renewed
  • Revoked by the Florida Real Estate Commission
  • Suspended by the Florida Real Estate Commission (correct)
  • A person must be licensed if she is to sell ___________ belonging to clients who pay her a commission.

    property

    A broker must place funds belonging to others in __________ account.

    a trust, or escrow

    License laws forbid soliciting for listings before one is licensed.

    <p>True</p> Signup and view all the answers

    A licensee's license can be revoked for intentionally misleading someone into signing a contract that she ordinarily would not sign.

    <p>True</p> Signup and view all the answers

    Real estate licenses, once received, are good for __________ period of time.

    <p>a limited</p> Signup and view all the answers

    A broker's unlicensed secretary may refer interested clients to whom?

    <p>The broker</p> Signup and view all the answers

    A broker may use escrow moneys held on behalf of others for?

    <p>None of the choices</p> Signup and view all the answers

    In order to do business, a licensee must make proper application for a license, pass a licensing examination, and have a license issued by the __________.

    <p>appropriate state agency</p> Signup and view all the answers

    A licensee can lose his license for paying a commission to a __________ person.

    <p>non-licensed</p> Signup and view all the answers

    A licensee can lose her license for selling properties quickly at low prices and buying properties for her own use from her principal.

    <p>False</p> Signup and view all the answers

    Which of the following is not required to have a real estate license?

    <p>A resident manager of an apartment project</p> Signup and view all the answers

    A licensed sales associate __________.

    <p>must be under the supervision of a broker</p> Signup and view all the answers

    In order to sell property belonging to a trust for which he is a trustee, the trustee must have a broker's license.

    <p>False</p> Signup and view all the answers

    A person who is employed to sell real estate must be __________.

    <p>licensed</p> Signup and view all the answers

    The Florida real estate licensing laws are part of the __________.

    <p>Florida Statutes</p> Signup and view all the answers

    The arrangement of forming a corporation to bypass broker licensing laws is legal.

    <p>False</p> Signup and view all the answers

    Broker Johnson may deposit the money into the __________ trust money bank account.

    <p>brokerage's</p> Signup and view all the answers

    Morgan, as a treasurer, can negotiate land deals and receive commission without a real estate license.

    <p>False</p> Signup and view all the answers

    A Florida Real Estate license is good for negotiating the sale of any kind of __________ in Florida.

    <p>real property</p> Signup and view all the answers

    A licensed broker may act independently under which conditions?

    <p>All of the above</p> Signup and view all the answers

    The Real Estate Commission is composed of __________ members.

    <p>7</p> Signup and view all the answers

    A broker must keep their records of the transaction for __________ after it is concluded.

    <p>five years</p> Signup and view all the answers

    The license renewal fee for a real estate sales associate is __________.

    <p>$80</p> Signup and view all the answers

    Real estate broker's and sales associate's licenses are good for __________.

    <p>two years</p> Signup and view all the answers

    The license application fee for a real estate broker is __________.

    <p>$115</p> Signup and view all the answers

    After initial renewal, licensees must complete __________ hours of qualifying continuing education every two years.

    <p>14</p> Signup and view all the answers

    Unlicensed practice of real estate is considered a third-degree felony.

    <p>True</p> Signup and view all the answers

    Licensees must pay fees for which of the following?

    <p>All of the above</p> Signup and view all the answers

    If a licensee's license has become inactive, the licensee can activate it within __________ without having to retake the examination.

    <p>two years</p> Signup and view all the answers

    A real estate associate's compensation is __________.

    <p>paid by the broker</p> Signup and view all the answers

    A Florida real estate license is good only in __________.

    <p>the State of Florida</p> Signup and view all the answers

    After one becomes a broker, the most appropriate term for that person is __________.

    <p>a broker</p> Signup and view all the answers

    A valid Florida real estate license application must include which of the following?

    <p>All of the above</p> Signup and view all the answers

    An applicant for a nonresident license must sign the irrevocable consent to service section on the application.

    <p>must sign</p> Signup and view all the answers

    The unlicensed practice of real estate in Florida is a __________ felony.

    <p>third-degree</p> Signup and view all the answers

    Individuals with __________ are exempt from FREC Courses I and II and post-licensing education.

    <p>a four-year degree from an accredited college or university</p> Signup and view all the answers

    A real estate license is not required in Florida to __________.

    <p>All of the above</p> Signup and view all the answers

    If a licensee becomes nonresident, how long does he or she have to file an irrevocable consent to service with the DBPR?

    <p>60 days</p> Signup and view all the answers

    The number of members of the Florida Real Estate Commission who must have held active licenses for the past five years is __________.

    <p>4</p> Signup and view all the answers

    The powers of the Florida Real Estate Commission include?

    <p>All of the above</p> Signup and view all the answers

    The director of the Division of Real Estate (DRE) is appointed by the __________.

    <p>secretary of the Department of Business and Professional Regulation (DBPR)</p> Signup and view all the answers

    A licensee can become inactive by?

    <p>Both</p> Signup and view all the answers

    An ineffective license is one that exists but cannot be used.

    <p>True</p> Signup and view all the answers

    A sales associate may __________.

    <p>work out of a broker's branch office</p> Signup and view all the answers

    An active broker must display an office entrance sign that includes?

    <p>All of the above</p> Signup and view all the answers

    A broker must reconcile the escrow account __________.

    <p>every month</p> Signup and view all the answers

    A broker's escrow account may be at a __________.

    <p>Any</p> Signup and view all the answers

    A broker may not pay a commission to an unlicensed person, except for __________.

    <p>a broker licensed in another state, provided Florida laws are observed</p> Signup and view all the answers

    In a real estate brokerage general partnership, which of the following is correct?

    <p>All of the above</p> Signup and view all the answers

    The complaint process includes which of these initial steps?

    <p>All of the above</p> Signup and view all the answers

    A real estate licensee may request an informal hearing if he __________.

    <p>All of the above</p> Signup and view all the answers

    A formal hearing is mandatory when the licensee disputes the allegation.

    <p>True</p> Signup and view all the answers

    The FREC can impose which of these penalties?

    <p>All of the above</p> Signup and view all the answers

    Limits on amounts from the Recovery Fund are up to __________.

    <p>Both</p> Signup and view all the answers

    People ineligible to collect from the Recovery Fund include?

    <p>All of the above</p> Signup and view all the answers

    A state-regulated account to cover claims of aggrieved parties who have suffered monetary losses from licensee's actions is called the __________.

    <p>Recovery Fund</p> Signup and view all the answers

    Kickbacks are not allowed when they __________.

    <p>All of the above</p> Signup and view all the answers

    DBPR stands for __________.

    <p>Department of Business and Professional Regulation</p> Signup and view all the answers

    To be licensed to sell real estate in Florida, an applicant must __________.

    <p>Neither</p> Signup and view all the answers

    A broker associate is licensed as a broker but chooses to work under the direction of __________.

    <p>a broker</p> Signup and view all the answers

    The time for license application and pre-license education expires __________ after the application is received by the DBPR.

    <p>2 years</p> Signup and view all the answers

    Which type of listing is discouraged because it creates a conflict of interest?

    <p>net listing</p> Signup and view all the answers

    Net listing is prohibited by licensing law in many states because __________.

    <p>The broker agrees to sell the property in order to achieve a net price to the owner</p> Signup and view all the answers

    __________ can sell any real estate without further licensing.

    <p>Neither</p> Signup and view all the answers

    Those exempt from licensure include?

    <p>All of the above</p> Signup and view all the answers

    In a transaction in which the licensed sales associate performed nearly all the work, who is the agent?

    <p>broker</p> Signup and view all the answers

    The number of consumer members of the Florida Real Estate Commission is __________.

    <p>2</p> Signup and view all the answers

    The duties of the Florida Real Estate Commission include:

    <p>All of the above</p> Signup and view all the answers

    Mildred may keep the check because she had a license when the commission was earned.

    <p>True</p> Signup and view all the answers

    The grace period for license renewal by those who are actively serving in the U.S. Armed Forces is up to __________ upon return.

    <p>six months</p> Signup and view all the answers

    Active Brokers must __________.

    <p>have an office registered with the DBPR</p> Signup and view all the answers

    Ads by brokers must include?

    <p>All of the above</p> Signup and view all the answers

    If the type of agency is not noted, in Florida it is presumed to be __________.

    <p>transactional brokerage</p> Signup and view all the answers

    Study Notes

    Florida Real Estate License Law Overview

    • A sales associate's license can be suspended by the Florida Real Estate Commission (FREC).
    • Individuals selling property for a commission must be licensed.

    Trust Accounts and Fund Management

    • Brokers must deposit clients' funds into a trust or escrow account.
    • Escrow moneys cannot be used for personal loans, business collateral, or salary advances.

    Licensing and Educational Requirements

    • Real estate licenses are issued for a limited period and must be renewed.
    • To do business, a licensee must apply, pass an exam, and get a license from the state.
    • License applicants must disclose prior convictions and aliases.

    Activities Requiring a License

    • Soliciting listings before obtaining a license is prohibited.
    • Paying commissions to unlicensed individuals can result in license loss.

    Inactive and Exempt Status

    • Licensees can become inactive by requesting it or not renewing the license.
    • Trust property sales require a trustee to hold an appropriate license.

    Commission Structure

    • Broker associates work under a broker and must be compensated through their broker.
    • Sales associates must complete post-license education before renewing their license.

    Continuing Education and License Renewal

    • Licensees must complete continuing education hours every two years to maintain active status.

    Florida Real Estate Commission (FREC) Functions

    • FREC consists of seven members, including four active real estate brokers.
    • The commission can impose penalties such as suspensions, revocations, and fines.

    Penalties and Violations

    • Practicing real estate without a license is a third-degree felony.
    • Complaints against licensees must be filed in writing, and may lead to investigation.

    Business Structures in Real Estate

    • Real estate brokerage entities may operate as sole proprietorships, partnerships, or corporations.
    • In a general partnership, at least one partner must be a licensed broker.

    Advertising and Transparency

    • Brokers must display signs that include their name and brokerage information.
    • Licensees must disclose their licensed status when advertising properties they own.

    Financial Management

    • Brokers must reconcile escrow accounts monthly and can hold funds at various financial institutions.

    Miscellaneous Regulations

    • The grace period for renewing licenses for military personnel is up to six months after return.
    • A mutual recognition agreement allows out-of-state licensees to bypass some Florida-specific education but requires passing the state exam.

    Exemptions and Special Cases

    • Certain individuals, such as attorneys and CPAs, are exempt from needing a real estate license under specific conditions.
    • The license is void if inactive for two years, evoked, or voluntarily canceled by the licensee.

    Commission Fees and Recovery Fund

    • Maximum recovery from the Real Estate Recovery Fund is $50,000 per transaction, up to a total of $150,000 for brokers.
    • Individuals ineligible to collect from the Recovery Fund include those related to the judgment debtor or inactive licensees at the time of the transaction.

    Regulatory Framework and Accountability

    • The Department of Business and Professional Regulation (DBPR) oversees the FREC and real estate licensing.
    • All licensing applications must be supported by proper documentation, including background checks and proof of education.

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    Description

    This quiz covers the essential aspects of Florida real estate license laws, including licensing requirements, trust account management, and activities requiring a license. Whether you're preparing for an exam or refreshing your knowledge, this overview is designed to ensure you're well-informed about the regulatory framework governing real estate in Florida.

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