Why might the DBPR issue an emergency suspension order against a licensee?
The licensee hasn’t completed continuing education requirements.
The licensee is doing something that endangers the public welfare.
The licensee’s broker’s license has been suspended.
The licensee’s recent continuing education test scores came in at lower than 70%.
What happens to the licensees under a broker if the broker’s license is suspended or revoked?
All licensees would have temporary suspension for up to a year while the DBPR investigates the extent of their involvement.
All subordinate licensees to the broker would have their license suspended or revoked, as well.
All subordinate licensees would have their licenses placed on inactive status until they found a new broker employer.
Nothing. Subordinate licensees would not be affected by penalties placed on their broker.
If your license is suspended, it’s only for a temporary amount of time. If your license is revoked, it’s permanently removed and requires ______.
Additional education
A new license application after the penalty period or conditions of the final order have been met
A small fee
A verbal reprimand
Chuck just moved to Florida from Texas, and is applying for his Florida real estate license. However, Chuck’s background check turns up an investigation for fraud back in Texas. What does this mean for Chuck?
He can get licensed in Florida as long as he works under a broker.
He may be denied a Florida license.
He will go to jail.
His Texas license will be revoked.
Which penalty type has imprisonment as a potential consequence?
Administrative
Civic
Civil
Criminal
Serious violations of the real estate license laws typically result in which disciplinary action or actions?
Additional education
A small fine
License suspension or revocation
Reprimand
Which of the following terms describes a situation in which a broker mixes trust funds with the broker’s own money?
Commingling
Conversion
Joint accounts
Trust accounts
What is the maximum criminal penalty for a violation of a Florida statute that’s considered a second-degree misdemeanor?
$1,000 and one year in jail
$100 and 30 days in jail
$5,000 and five years in jail
$500 and 60 days in jail
What is summary suspension?
An action taken by the DBPR during an investigation if the violation is serious and ongoing or endangers the public welfare
An official summation of events that ends on a cliffhanger
A possible penalty issued by the FREC after a formal hearing has taken place
A written account of the actions taken before the suspension of the subject’s license
What is the maximum penalty for a first-degree misdemeanor in Florida?
$1,000 and one year in jail
$100 and 30 days in jail
$5,000 and five years in jail
$500 and 60 days in jail
What is the maximum penalty if you’re convicted of committing a serious violation and your broker is found to have knowledge of it?
Both you and your broker will have to take additional education and will be issued citations.
You and the broker may both be fined, and you may both have your licenses suspended or revoked.
You are fined and could have your license suspended or revoked. Nothing will happen to your employing broker.
Your broker’s license will be suspended or revoked, and nothing will happen to you since you’re just a licensee.
What can happen if the DBPR uncovers a serious violation or criminal act during its investigation of a licensee?
An emergency suspension of the investigation is called for until the police can handle the claim appropriately.
Nothing. The DBPR can only forward its investigative report to the FREC.
The DBPR can issue an emergency suspension order to stop the licensee from performing licensed activities.
The DBPR may detain the licensee to prevent further infractions by the subject.
What is the largest amount you can be fined by the Department of Business and Professional Regulation for a serious violation?
$10,000
$100,000
$5,000
$50,000
In Florida, what is the maximum penalty for those convicted of performing unlicensed real estate activities?
$1,000 and one year in jail
$100 and 30 days in jail
$5,000 and five years in jail
$500 and 60 days in jail
You’ve just violated a Florida statute. What is the longest your license can be suspended?
10 weeks
10 years
Six months
Six years
When a complaint is filed against a real estate licensee in Florida, who or what entity is responsible for investigating the complaint?
An arbitrator
A private investigator
The DBPR
The state attorney general
Larry applied for a real estate license, but then due to health issues he wasn’t able to take the exam for just under 3 years. What does this mean for Larry?
As long as he has a broker vouch for him, he can take the exam.
He can be denied his license since it’s been over two years.
He should take his licensing exam now because the application expires at three years.
The application has no expiration date, so he can take the exam.
A broker is busy and doesn’t have time to go to the bank, so they deposit their client’s earnest money funds into their personal account. They plan to move the funds to the appropriate account within a week. Which type of violation is this?
Commingling
Contractual interference
Failure to disclose an agency relationship
Performing services that would qualify as practice of law
You practiced real estate without a license in Florida. What is the maximum penalty you could face?
$1,000 fine and one year in prison
$5,000
$5,000 fine and five years in prison
Five years in prison
After a complaint in Florida is submitted to the DBPR, what comes next in the complaint process?
A hearing is held.
Interviews with witnesses are conducted and statements are obtained.
Legal sufficiency is determined and the complaint is investigated.
The fee or penalty is assessed.
Which of the following, if true about a complaint, would deem it legally sufficient to warrant an investigation by the DBPR?
It is only related to real estate-licensed activities.
It violated any Florida statute, or any legally enacted DBPR or FREC rule.
It was committed in the state of Florida.
It was not submitted anonymously or withdrawn before being investigated.
James represented a client who is accusing James of misrepresentation. The client files a complaint against James. Who or which Florida entity will investigate?
A private investigator
James’ broker
The DBPR
The state attorney general
A complaint that indicates a violation of any Florida statute or legally enacted DBPR or FREC rule is said to be what?
Legally culpable
Legally sufficient
Probable cause
Sufficiently probable
A broker tells his client that a property is zoned as residential even though they know it’s zoned as commercial. This is an example of which type of violation?
Failing to disclose an agency relationship
Interfering in a contract
Making a substantial and willful misrepresentation
Performing services that qualify as practice of law
A real estate licensee tells a seller, “I’ll be surprised if you get $100,000 for this place. I won’t charge you anything to list it, but anything you get above $100,000 goes to me. Deal?” What type of arrangement is the licensee proposing?
A net listing agreement
Contractual interference
Failure to disclose an agency relationship
Practicing law without a license
A broker submits their client’s purchase offer and then goes on vacation. When they returned two weeks later, they learned that a counter-offer had been submitted, and the response date had expired. Their client’s offer was terminated because they failed to respond on time. What type of violation is this?
Demonstrating untrustworthiness or incompetency to act as a real estate broker
Failing to disclose an agency relationship
Making a substantial and willful misrepresentation
Performing services that would qualify as practice of law
Robert was found guilty of violating Florida real estate laws. A prison sentence was imposed on him by ______.
Civil court
Criminal court
The DBPR
The FREC
Which entity conducts an investigation when a complaint is filed against a licensee?
The Brokerage Consortium
The Bureau of Real Estate Professionalism
The Department of Business and Professional Regulations
The State Real Estate Board
The DBPR has suspended Myra’s license. For how long may she continue to perform real estate activities?
She may continue for a period of up to 90 days if she is in the middle of any real estate transactions.
She may continue until she completes her current real estate transactions or 90 days, whichever comes first.
She may continue until the FREC holds a formal hearing on the matter.
She must discontinue real estate activities immediately.
Which entity has (or entities have) the authority to impose prison sentences for violating real estate laws in Florida?
Civil and criminal courts
Criminal court
The DBPR
The FREC and the DBPR
What type of circumstantial evidence would be considered for a lesser penalty of a real estate violation?
Aggravating circumstance
Migration circumstance
Mitigating circumstance
Writ of mandamus
Lisa’s license was suspended for misrepresentation. What may happen to her broker, Jim?
He could be penalized, as well.
He must put all affiliated licensees on inactive status.
He will automatically have his license suspended, as well.
Nothing. Lisa committed the violation, not him.
Corrine is a licensee who works for Melissa, whose license was just suspended. What brokerage activities may Corrine still perform?
She cannot conduct any brokerage activities.
She may complete any existing transactions, but cannot accept new business at this time.
She may only do listings.
She may show houses but may not make offers.
6sect.unit4.CeSh.PreLic.Qonly.txt
What is the maximum amount that will be paid per licensee out of the Florida Real Estate Recovery Fund?
$100,000
$150,000
$50,000
$500,000
A licensing fee may be collected to fund what?
Complaint investigation costs
The Real Estate Recovery Fund
Your brokerage’s overhead costs
Your continuing education requirements
Jamie has received a complaint against her for something she knows she did, and she doesn’t want an informal hearing. Her best option is to ____________.
Hire an attorney to dispute the facts
Request a formal hearing
Stipulate as to the facts, and waive a hearing
Voluntarily have her license revoked
Randolph, a Florida licensee, has received a complaint against him. He’d like to avoid any type of investigation or hearing. How can he do this?
File a counter-suit.
Plead guilty and pay a fine.
Plead nolo contendere and promise not to do it again.
Voluntarily give up his license.
_________ is a settlement agreement of facts and penalties, foregoing a hearing.
Stipulation
Sufficiency
Supersedeas
Suspension
After an investigation by the DBPR, if the complaint is not dismissed and no ESO is issued, what happens next?
A hearing is held.
Interviews with witnesses and statements are obtained.
The case is sent to the probable cause panel.
The fee or penalty is assessed.
Which term is defined as a settlement agreement of facts and penalties?
Legal sufficiency
Stipulation
Summary suspension
Voluntary relinquishment for permanent revocation
How long will a real estate license be suspended if funds from the Florida Real Estate Recovery Fund are paid out against a license holder?
A year
Six months
Two years
Until the money is all paid back, plus interest
What happens to a Florida real estate licensee who is involved in a case, can’t pay the judgment amount, and the consumer is awarded money from the Real Estate Recovery Fund?
Nothing. That’s what the fund is for!
The licensee can continue to practice real estate but must pay back the amount paid out, plus interest.
The licensee’s commissions will be garnished until the amount paid out to the victim is repaid.
The licensee’s license will be suspended until the amount paid to the victim, plus interest, is paid back.
Alec just received his Florida broker license. Assuming the Real Estate Recovery Fund balance is at $400,000, how much of his license fee went into the fund?
$1.00
$1.50
$3.50
None of it
The Florida Real Estate Recovery Fund has a maximum payout limited to $50,000 for what?
Each brokerage
Each consumer
Each licensee
Each transaction
Marcus is the subject of a disciplinary complaint and, in lieu of a hearing, he decides to give up his license. Which of the following statements is true?
An individual must wait at least five years to reapply.
An individual must wait at least three years to reapply.
An individual who voluntarily relinquishes his license in lieu of a trial can never reapply.
In such a case, the individual automatically gets his license back in 24 months.
Which option describes stipulation?
A permanent relinquishment of a license instead of facing administrative penalties
A request for a formal hearing
A request for an informal hearing
A settlement agreement of facts and penalties, foregoing a hearing
Which option is defined as the type of hearing that is held in front of an administrative law judge to oversee a disputed complaint?
Arbitration
Formal
Informal
Stipulation
What happens to you if you’re involved in a case, can’t pay the judgment amount, and the consumer who filed the complaint against you is awarded money from the Florida Real Estate Recovery Fund?
Nothing. That is what the fund is for!
You can continue to practice real estate but must pay back the money to the fund at 10% interest.
You must pay back the money from the fund at 30% interest from your real estate commissions.
Your license will be suspended until you pay back the fund, plus interest.
Which option is defined as the type of hearing that is held in front of the FREC, as long as none of the facts of the complaint are disputed?
Arbitration
Formal
Informal
Stipulation
Which one of the following individuals would be qualified to serve on a probable cause panel?
A former professional FREC member with an active license
A former professional FREC member with an inactive license
A licensed broker who runs their own brokerage and is not a FREC commissioner
An unlicensed individual who has not served as a FREC member
How many members on a probable cause panel must be consumer members of the FREC?
Half of the total number of panel members
One
Three
Two
How is the Florida Real Estate Recovery Fund funded?
Fees paid by buyers at closing
Fees paid by sellers at closing
Fees withheld from a licensee’s commission
License fees
When may brokers make a claim against the Florida Real Estate Recovery fund?
If the broker had complied with an EDO and a judgment were found against them.
If the broker were the acting agent subject to the claim.
Never. The fund is for non-licensees only.
When their spouse files the claim for them.
Which entity conducts an investigation when a complaint is filed against a licensee?
Brokerage Consortium
Bureau of Real Estate Professionalism
Department of Business and Professional Regulation
State Real Estate Board
Which option would a licensee pick on the election of rights form if the licensee wanted a formal hearing?
Dispute the complaint and request a hearing
Not dispute the complaint and request a hearing
Not dispute the complaint and waive the right to be heard
Voluntary relinquishment for permanent revocation
How many panel members must a probable cause panel have?
At least three
At least two
More than seven
Seven
Which of the following is true about a probable cause panel?
It can decide whether a complaint has merit.
It can determine guilt or innocence.
It consists of five to seven members.
It metes out penalties.
Which term is defined as a settlement agreement of facts and penalties?
Legal sufficiency
Stipulation
Summary suspension
Voluntary relinquishment for permanent revocation
Your client, George, has a serious complaint against another licensee, who he believes has violated real estate law. How should you advise George?
“Call the attorney general’s office.”
“File a complaint with the DBPR.”
“Forget about it. Complaining won’t get you anywhere.”
“Go to the police.”
Ann, a licensee, received a complaint against her for something she doesn’t believe she did. She decides to dispute the complaint. What else will she likely request?
A countersuit
A formal hearing
An informal hearing
Attorney fees
Which option is defined as the type of hearing that is held in front of the FREC as long as none of the facts of the complaint are disputed?
Arbitration
Formal
Informal
Stipulation
The Florida Real Estate Recovery Fund has a maximum payout limited to $150,000 for what?
Each brokerage
Each consumer
Each licensee
Each transaction
You’ve received a formal complaint against you. What else might you find in the complaint envelope?
A bill for attorney fees for the complainant
An Election of Rights form
A Request for Remediation form
The charge for court fees thus far