Section 6 violation of license law Flashcards Preview

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Flashcards in Section 6 violation of license law Deck (20)
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1

True or false, FREC has the authority to deny a license application, refuse to renew a license, suspend a license up to 10 years, revoke a license, impose an administrative fine, issue a reprimand, and imprison a licensee.

False

FREC can make a referral to criminal court but does not have the power to imprison a licensee

2

True false, A licensee that has had a complaint filed against him or her can voluntarily surrender or relinquish their license instead of facing disciplinary action. This is a permanent action and the licensee will never be able to hold a real estate license again in the state of Florida.

True

3

True or false, Culpable negligence is a phrase used in criminal law to describe conduct that is considered contrary to community standards of justice, honesty, or good morals.

False

This is moral turpitude

4

True or false,Criminal penalties for violating license law as a 3rd° felony can result in a $10,000 fine and up to five years in prison.

False

Up to a $5000 fine and up to five years in prison

5

True or false, The department may investigate an anonymous verbal complaint against a licensee.

False

The complaint must be in writing

6

True or false, if someone has a criminal history, they will always be denied a real estate license.

False

Persons with a criminal history may apply for a real estate license. Each applicant is considered on their own merit's.

7

True false, legally sufficient means that there is evidence that is accurate, admissible in court and sufficient to support a decision or verdict.

True

8

True or false, if a complaint has been filed against a licensee and the licensee is not disputing any material facts, then the case can be presented in an informal hearing before the FREC.

True

9

True or false, a licensee that participated in the subject transaction as an agent is not entitled to make a claim for an unpaid commission against the recovery fund.

True

10

True or false, the penalty involved with a citation or fines between $100-$500.

True

11

Falsifying an application is punishable as a:

1. First-degree misdemeanor

2. Second-degree misdemeanor

3. 1st degree felony

4. Third-degree felony

Third-degree felony

12

Licensee Ima violated license law. What types of penalties can be imposed on Ima?

1. Administrative penalties
2. Civil penalties
3. Criminal penalties
4. All of the above

# 4

All of the above

13

Which action would not result in a denial of an application?

1. Did not take the examination with in two years from date of application

2. Did correct and error or omission on an application

3. Did not pass the state exam or cheated on the exam

4. Did not prove qualifications for licensure

# 2

Did correct an error or omission on an application

14

The Florida real estate recovery fund provides compensation to members of the public who have been defrauded or suffered financial harm as the result of culpable negligence, by a real estate licensee in a housing transaction. Which statement is false regarding the fund?

1. The aggrieved party must first obtain a civil judgment in their favor

2. The aggrieved party must attempt to collect the judgment directly from the licensee before making a claim to the fund

3. The aggrieved party can recover up to $50,000 for a single case of misconduct

4. The wrongdoing by the licensee results in immediate revocation of the licensee

# 4

The wrongdoing by the licensee results in immediate revocation of the licensee

15

While investigating a complaint against licensee Dee, the DBPR discovered facts believed to be so grave as to endanger the public if Dee was allowed to practice real estate while under investigation. What action could be taken?

1. The DBPR secretary can issue a summary suspension against Dee

2. Nothing, Dee is innocent until proven guilty

3. The DBPR secretary can issue a stipulation against Dee

4. FREC can issue an order of incarceration against Dee

# 1

The DBPR secretary can issue a summary suspension against Dee

16

Dwayne pipe was excited when he was deemed eligible to sit for the real estate exam even without his having submitted the required electronic fingerprints. He thought the rules must have changed! And he passed his test and went to work. But once the DBPR realized that several licenses were issued in error, what action would the DBPR take?

1. Allow Duane to continue practicing real estate since the mistake was made by the DBPR and not by Duane

2. Give Dwayne 30 days to submit the electronic fingerprints

3. Notify Dwayne of the error, cancel his license, and inform Dwayne that he could resume the steps toward licensing.

Notify Dwayne that because Dwayne should have reported the error to the DBPR, his license was revoked and he was no longer eligible to apply for a license.

# 3

Notify Dwayne of the error, cancel his license, and inform Dwayne that he could resume the steps toward licensing

17

Broker teddy bear was given a notice of noncompliance. What does he need to do?

1. Negotiate a stipulation order with the lawyer of the DRE

2. Correct the minor infraction within 15 days

3. Cut up his wall and wallet license and send to the DBPR

4. Wait for the recommended order that will come in the mail

# 2

Correct the minor infraction within 15 days

18

Which statement is false regarding the probable cause panel?

1. It is composed of two current members or one current and one former member of the FREC

2. It must have at least one professional member

3. If a former professional member sits on the panel, their license can be in active

4. A consumer member, if available, may serve on the probable cause panel

# 3

If a former professional member sits on the panel, their license can be inactive

19

A complaint is legally sufficient if it appears to have violated:

1. Florida statute
2. DBPR rule
3. FREC rule
4. All of the above

# 4

All of the above

20

When a complaint is received, the department may provide a licensee with a notice of noncompliance under all of the following conditions except:

1. The complaint does not demonstrate a serious inability to practice the profession

2. The complaint did not result in economic or physical harm to a person

3. There is only one other complaint on record for the offense

4. The complaint did not adversely affect the public health, safety, or welfare or create a significant threat of such warm

# 3

There is only one other complaint on record for the offense