The Comparative Market Analysis (CMA) is a tool for licensees; which statement below is correct about the CMA? 2. c. A test that indicates the level of indifference to pain that a person experiences. D) title insurance company from liability for closing the transaction. A) A verbal agreement B) that an alleged violation of a Florida Statute, FREC or DBPR rule been submitted in writing. B) $35,000 D) more choices for landlords in selecting tenants and less chance of prosecution for violating. B) incurable. \end{aligned} The Indiana Real Estate Recovery Fund was established to protect consumers and clients, like Rhonda, from cash losses due to unlawful practices by real estate licensees. C) both the listing broker and Davis have no legal obligation to disclose material facts. &\begin{array}{rrrrrrrrrrrr} Enter your username and password in the boxes below to continue. This article will explain how MERP came . B) The moral and ethical severity of the complaint determines if an investigator is assigned A test that shows ii person 's true preferences, based on responses to multiple-choice questions. B) Title is a legal definition describing a leasehold estate. No punitive damages may be collected from the fund. Marty tells Wesley about the seller's obligation to provide the buyer with a completed Residential Real Property Disclosure Report. D) commingling is lawful and conversion is not. the personal representative of a real estate licensee; the spouse or child of the licensee who is the subject of the claim (the licensee against whom the judgment was awarded), nor the personal representative of such spouse or child; or. Yes, they are considered Class A misdemeanors. Which of the following statements is NOT correct regarding the escrow account for the brokerage? d. A test created to see if one has an anxiety-inducing problem, but is instead claiming that others have that problem. Notify the real estate licensee(s) of the filing of a claim with the Consumer Recovery Account (RE 809). What are the limits of compensation, if any, from Alabama's real estate recovery fund? The commission ordered the licensee to repay clients all of their money that was seized by the IRS. C) Bull dozing an older home If the Commission decides there has been no violation of Alabama license law and declines to pursue a formal complaint, it sends notice of its decision to. C) The license will expire The Recovery Fund is supported entirely by assessments paid by licensees, not by any tax revenues. The California Real Estate Recovery Fund has been around since 1964, and the money that's added to the fund comes from a portion of real estate license fees along with fines collected by the Department of Real Estate (DRE) in the state. C) 23.7% Recovery Funds Recovery Funds The Contractor and Real Estate Transaction Recovery Acts provide relief to eligible consumers who have incurred losses through the improper and dishonest conduct of a licensed contractor or real estate professional. A) $350,000 D) post-license education is required for the first renewal and CE is owed each renewal thereafter. It is difficult to state a general time frame because each claim is different. He offers to plead guilty in return for a $50 fine and attendance at a Risk Management for Salespersons class. Email: ER@DHCS.CA.GOV. c. arousal. A) Deny a license B) erosion How many days in advance of a scheduled hearing must the Commission send a written notice to the licensee? Within how many days of the final hearing must the Real Estate Commission issue a written report? a. motivational. C) post-license education is for brokers and CE is for sales associates. C) on a 3 x 3 sign in the parking lot next to the office. D) commercial real estate, The NW 1/4 of sections 16 and the NE 1/4 of section 17 contain how many acres? B) A cap and the contract D) The complaint must rise above the notice of non-compliance level, A seller tells a listing associate that he will not sell to members of a certain religion. Federal and state Medicaid law requires MassHealth to recover assets from the estates of certain MassHealth members after their death. In particular, the flooring department had expanded from two installation crews to an installation supervisor, a measurer, and 15 installation crews. He just installed new off-white carpeting. A) The Real Estate purchase agreement D) John cannot have a Florida real estate license as long as he is a Georgia resident, What is a primary difference between joint tenancy and a tenancy in common? The United States subprime mortgage crisis was a multinational financial crisis that occurred between 2007 and 2010 that contributed to the 2007-2008 global financial crisis. Allhomes Commercial Real Estate. John applies to the city for a: A) establishing qualifications for the issuing of a Real Estate license. Which of the following estate has a definite ending date? C) tenancy by the entireties. Taxes and insurance, are often prepaid at closing to establish the escrow account. Since its inception in 1964, the number of applications filed and paid from the Consumer Recovery Account has fluctuated. D) Quasi-legislative power gives the FREC the authority to subpoena. C) zoning change. What two items must occur before the "taking" of a property - either all or part can occur? No, they need not stop in any circumstances. The Reception Committee meets to-day to discuss what alterations will be necessary in the reception arrangements. B) conversion is using escrow funds for business operation while commingling is poor accounting. A) The broker must be a signatory on the escrow account It is the licensee's responsibility to make sure the RECAD disclosures are understood by a consumer. An investor is looking at a four-plex that is priced at $500,000 and has a 7% cap rate. The listing broker paid out 45% of the total 6% fee to the selling broker, who paid the selling associate 60% of the amount that came to the office. Proceedings in civil or criminal courts. FREC and DBPR have a primary interest in real estate activity with a common goal of: B) market conditions required in one of the following forms depending upon the status of the real estate license (See Section 10471.1 of the Business and Professions Code): Personal Service (RE 810) com propm For Sales Transactions Only: Buyer acknowledges the right for 10 days, unless otherwise agreed in the real estate. A) judge and jury. D) $1,131,420, Which of the following items are necessary to create an agency relationship? D) Progression and Regression, Bob wants to sell his home and doesn't want to pay a fee, but he realizes he might have more prospects if he uses a broker. what is a pension plan Payoff's origination fee ranges up to 5% on 60-month loans. When respondent licensees choose to exercise their due process right to a hearing, or if questions concerning actual monetary loss or eligibility exist, claims are referred to an Informal Fact-Finding (IFF) Conference to gather additional information. B) This power allows FREC to discipline licensees who commit improper acts D) are socially motivated to keep real estate prices increasing. The Recovery Fund is supported entirely by assessments paid by licensees, not by any tax revenues. B) Davis can avoid liability because the property manager is responsible for disclosure. A) leasehold interest with a share in the common elements. B) legal fees for punitive damages C) a sales associate's dishonest dealing D) a broker's dishonest dealing B A primary difference between post-license education and continuing education (CE) is: A consumer files a lawsuit against an associate broker and sends a copy to the broker but not the Commission. 15 days. C) Private property rights and health and safety a fine of up to $2,500. In this case: If the court order is silent on the matter of the licensee's conduct, the Board will determine whether the conduct was improper and dishonest and what amount, if any, such claimant is entitled to recover from the Fund. B) special exception. This reimbursement is only recoverable under Florida Statute 475.482 (1) if the claimant was damaged as a result of any real estate brokerage transaction by someone who was: (1) a holder of a current and active real estate license in Florida; (2) was neither the seller, buyer, landlord, or tenant, and; (3) was acting solely in the capacity of a C) a sales associate's dishonest dealing When their license is issued to another qualifying broker. C) An estate in remainder Although the Commission does not investigate disputes between or among licensees. Please attach a certified copy of the judgment order, copies of all pleadings filed by either party (if any), a copy of the contract, a notarized affidavit stating the acts of improper or dishonest conduct by the licensee which form the basis of this claim, and evidence that debtor interrogatories were conducted (which should include the front and back of the summons for interrogatories). Please refer to Sections 801-303 of the Real . Section 858-602 - Additional Fee - Disposition. False, because the Commission will also investigate if AREC auditors reveal problems. A) demand To the nearest dollar, what is the investor willing to pay? A qualifying broker whose license had been revoked is allowed to perform which real estate activity? Can the qualifying broker be charged with a violation of the license law as a result? When a payment involving a real estate licensee is made from the Recovery Fund, in most cases, the applicable license is automatically revoked. $0. The Recovery Fund is a form of financial protection provided by licensed Arizona residential contractors to residential homeowners. Payments from the Real Estate Inspection Recovery Fund may not exceed $12,500 per transaction, with a maximum of $30,000 per license holder for multiple transactions. (1) Any person is eligible to seek recovery from the Real Estate Recovery Fund if: (a) Such person has received a final judgment in a court of competent civil jurisdiction in this state against an individual broker or sales associate in any action wherein the cause of action was based on a real estate brokerage transaction. Even if successful in the lawsuit and the other conditions are met, the consumer cannot recover from the recovery fund. The purpose of the owner's title policy is to protect the: The Real Estate Recovery Trust Account covers damages caused by brokers, sales agents, easement/right-of-way agents, or a license holder's employees. The scam typically involves promising the victim a significant share of a large sum of money, in return for a small up-front payment, which the fraudster claims will be used to obtain the large sum. B) A life estate 324.410 Purposes of fund. Example: Mr. Robles was in a nursing home for nine months before he died. A) John must allow the repairs and may not charge the tenant for the cost. E-mail:RecoveryFund@dpor.virginia.gov, Questions or Comments about this Website Contact WebCoordinator@dpor.virginia.gov, Copyright Virginia Department of Professional and Occupational Regulation, An Agency of the Commonwealth of Virginia, Automatic Fire Sprinkler Inspector (Tradesman), Backflow Prevention Device Workers (Tradesmen), Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects, Boxing, Martial Arts, and Professional Wrestling Advisory, Professional Soil Scientists, Wetland Professionals, and Geologists, Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals, Virginia Real Estate Transaction Recovery Act. D) Yes, as long as the associate doesn't advertise this, When a complaint is investigated by DBPR it must be legally sufficient. D) Any legal documents. B) John can pass a 40-question law exam and gain the license through Mutual Recognition B) a living trust and a deed. Was acting solely in the capacity of a real estate licensee in the transaction; The Real Estate Recovery Fund shall also be disbursed as provided in s. A fee of $3.50 per year shall be added to the license fee for both new licenses and renewals of licenses for brokers, and a fee of $1.50 per year shall be added for new licenses and renewals of licenses for sales associates. D) legal interpretation of real estate contracts. D) A broker must reconcile the escrow account no more than 30 days from the last reconciliation. D) The licenses are temporarily revoked, A seller wants to net $100,000 after paying the broker 5% and paying off his loan balance of $200,000. D) public trust is violated by a broker or his associate, If John borrows $620,000 for his mortgage at 4.5% interest, what amount of interest will John pay in the first year of the loan? As a result, he reorganized the experiment. D) not a contract until the parties have signed the necessary documents. A) The index and the margin A) Guarantee of payment A) John is working within the scope of his duties following trust instruction and does not need a license. Can the listing associate follow the seller's instructions? D) A date and a promise of undue influence, Who serves the Writ of Possession needed to evict when a tenant has not paid rent? Once a claim has been received by DPOR, staff will review the file to determine whether the claimant meets the eligibility requirements established by state law ( 54.1-2112et seq.). 11 & 19 & 126 & 110 & 110 & 29 & 61 & 35 & 94 & 31 & 26 & 5 \\ C) $50,000 Assume, for purposes of answering the question, that Alabama does allow the plea. D) Hazard insurance. No, because this is not an allowed punishment. The secondary market and participants provide stability If a broker fails to pay a real estate commission to a salesperson, the salesperson must get a civil judgment against the broker. Section 858-601 - Oklahoma Real Estate Education and Recovery Fund - Creation - Expenditures - Purposes. A) 20 A) The owner's names are all listed on the same insurance policy C) There is an increase in both the closing costs and loan amount. C) Fine a licensee In order to collect this fee legally, George can: A licensee on inactive status is not required to contribute to the fund until the license is activated. B) 15 days. Which activity does the Real Estate Commission NOT have the authority to do? A) Hold an open house for a new listing 5411121333519410683512616551371103227311102942729285215261293023526221239425368131126742614202751323. State Medicaid programs must recover certain Medicaid benefits paid on behalf of a Medicaid enrollee. B) $1460 for the note and $418 for the mortgage C) Have keys made and return the originals to the owner What action can FREC not perform? The court that entered judgment against the licensee. (a) Find the partial derivatives of first and second order for the function fff defined for all (x,y)(x, y)(x,y) by f(x,y)=5x2+6x2y2+8yf(x, y)=5-x^2+6 x-2 y^2+8 yf(x,y)=5x2+6x2y2+8y. D) immediately inside of the entrance to the building. C) reliction. C) The income approach to value Mailing address for written correspondence: Department of Health Care Services. they might suffer adverse consequences as a result of a qualifying broker's punishment. A broker listed a house at $300,000 and sold the home at 95% of the asking price. B) consumer protection. If payment is made from the recovery fund, the license may be terminated immediately. B) a down payment, but no closing costs. C) The modification cannot be refused; the tenant can pay and should restore to original condition upon move out At this point, how long can the Real Estate Commission withhold rendering or implementing its order? Is there any criminal liability for violating Alabama's license laws? He will pay the doc stamps on the note and the intangible tax on the mortgage. C) cover the cost of the FHA appraisal Which statement is true regarding the quasi-legislative power of the FREC? This process is called "estate recovery." The assets are used to reimburse (pay back) the state for the cost of care that MassHealth paid for the member. For more information, contact: A) more protected classes than the 1968 act and greater punishment for violators. D) Disclosed dual agency is not an authorized brokerage under Florida law. C) don't want money, they just want to police the real estate profession. 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