CH 10 - Practice of RE Flashcards

(38 cards)

1
Q

Which two things must provider’s of trust funds acknowledge in writing?

A
  1. Which broker’s trust account will hold trust money.

2. Interest accrued on trust money will benefit the broker.

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2
Q

Conversion

A

Using the public’s money for some purpose other than what it was intended for.

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3
Q

Commingling

A

Mixing public money with personal/company money.

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4
Q

Earnest money should be delivered to broker within what time period?

A

no later than following business day

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5
Q

You could see “incompetence” used to describe who and why?

A

A broker-in-charge who doesn’t handle trust money as required has demonstrated incompetence.

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6
Q

Trust funds in cash or certified check must be deposited within what time period?

A

48 hours of receipt, excluding weekends and bank holidays

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7
Q

Trust funds in check must be deposited within what time period?

A

48 hours of lease signing, excluding weekends and bank holidays

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8
Q

Under no circumstances can anyone discriminate based on race. Which Supreme Court decision refers to this?

A

The Supreme Court Decision of 1968 (Jones vs Mayer) upheld the Civil Rights Act of 1866

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9
Q

Name the 7 protected classes

A

Race, Color, Religion, National Origin, Sex, Familial Status, Handicap

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10
Q

Records must be maintained for a minimum of __ years.

A

five

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11
Q

True or False: Buyer/tenant must acknowledge in writing they are waiving any interest accrued.

A

True

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12
Q

Civil Rights Act of _____ declared all US citizens, regardless of race/color shall have the right to purchase/sale/own real/personal property.

A

1866

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13
Q

True or False: To ensure restoration of the property upon a handicap tenant moving, the landlord may require an escrow account in the amount required to restore the property.

A

True

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14
Q

True or False: You can discriminate on age in housing.

A

True, age is not a protected class

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15
Q

It is illegal to place discriminatory statements in ________ related to the rent/sale of real property.

A

advertising

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16
Q

Fair Housing Law is federally enforced by ______.

17
Q

Fair Housing Law is enforced in SC by _______.

18
Q

Fair Housing complaints at the federal level, time limit to file: __________.

A

up to one year to file

19
Q

Fair Housing complaints at the state level, time limit to file: __________.

A

up to 6 months

20
Q

Penalty amounts for violations of Fair Housing Law:

A

$10,000, 1st offense
$25,000, 2nd offense in 5 years
$50,000, 3rd offense in 7 years

21
Q

Blockbusting

A

Inducing homeowners to sell their properties by making representations about the entry or prospective entry of persons of a particular race/origin into the neighborhood.

22
Q

Steering

A

Funneling of home buyers to a particular area based on the desire to keep the makeup of that neighborhood the same or intentionally change it.

23
Q

Redlining

A

Mortgage lenders refuse to make loans available inside a specific geographic area (minority neighborhood).

24
Q

A licensee may not advertise or conduct a real estate transaction involving real estate owned by another person without first _____________________.

A

obtaining a written listing agreement

25
When advertising or marketing in any medium, a licensee must clearly identify the _____________________.
the full name of the company
26
What is a blind ad?
an ad which does not identify the full name of the company
27
Intentional misrepresentation of fact or omission of fact is known as
fraud
28
stating an opinion that may exaggerate reality, and it's legal
puffing
29
To be a Statutory Independent Contractor, what must occur?
At least 90% of real estate income must come real estate commissions
30
Commissions are always ________.
negotiable
31
A set commission is considered _________.
price fixing
32
Price fixing is a violation of what laws?
Anti-Trust Laws / Sherman & Clayton Acts
33
What are the penalties for violating Anti-Trust laws?
fines up to $5,000 and/or 6 months in prison
34
Who CANNOT legally receive a commission in connection with a real estate transaction?
unlicensed agents
35
Requirements (2) to be the procuring cause:
1. must have an agency relationship | 2. must have shown the property, negotiated contract, and go to closing without any break in chain of events
36
Requirements governing real estate transaction records must be kept and for how long are determined PRIMARILY by which authority?
State regulations and related rules
37
If a buyer asks you for advice on which type of title to use, what should you do?
Do not give advice because you aren't legally permitted to give legal advice.
38
True or False: FHA DOES NOT cover people with physical or mental disabilities such as hearing, mobility, visual impairment, AIDS, etc.
False