FLORIDA JURISPRUDENCE PRACTICE EXAM 2024/2025 ACTUAL EXAM PRACTICE QUESTIONS AND 100% CO, Exams of Nursing

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FLORIDA 2 024 / 2025 STATE EXAM AND PRACTICE EXAM

COMPLETE QUESTIONS AND 100% CORRECT VERIFIED

ANSWERS GRADED A

An individual does not intend to engage in real estate activity. However, he does plan to be an officer of a real estate brokerage corporation. Which status BEST describes this situation? a. Active sales associate license b. Active broker license c. Registered with the DBPR d. Inactive sales associate license c. Registered with the DBPR An individual who has fulfilled all of the academic and experience requirements for real estate brokers but who operates as a sales associate in the employ of a supervising broker is an a. active sales associate b. active broker c. inactive broker d. active broker associate d. active broker associate Real estate license applicants who desire to review their most recent license exam MUST file a request to review within a. 10 days b. 14 days c. 21 days d. 30 days c. 21 days A nonresident who holds a Florida real estate license MUST a. consent, once licensed, to having all documents notarized that become part of future real estate transactions in which the nonresident licensee is involved

b. complete all required post-licensing and continuing education requirements c. become a Florida resident within the initial license period d. accept permanent revocation of the license should any violation of the real estate license law be upheld b. complete all required post-licensing and continuing education requirements Does a licensee who is convicted of a misdemeanor offense have a duty to report the conviction of the FREC? a. Yes, a licensee is required to disclose misdemeanor convictions with 60 days. b. Yes, licensees must disclose all convictions to the FREC within 30 days c. No, licensees are required to disclose felony convictions buy not misdemeanor convictions d. Yes, the licensee is required to disclose the misdemeanor convictions unless the licensee pleads nolo contender b. Yes, licensees must disclose all convictions to the FREC within 30 days Which activity is NOT a real estate service? a. Mortgaging real property b. Advertising real property c. Renting real property d. Auctioning real property a. Mortgaging real property Which statement is FALSE regarding mutual recognition agreements? a. the agreements are intended to recognize the education and experience that real estate licensees have acquired in other states or nations b. Mutual recognition applicants are required to take a examination on Florida real estate laws. c. Mutual recognition applicants may be Florida residents or nonresidents d. Mutual agreements allow Florida real estate licensees to have an equal opportunity for licensure in jurisdictions with which agreements are concluded c. Mutual recognition applicants may be Florida residents or nonresidents A sales associate sells real estate on the weekend for brokerage company A. She also works as a sales associate for brokerage company B. She is paid on a commission basis at both brokerage company A

and brokerage company B. Which statement applies to this situation? a. As long as the broker for brokerage company A is also an owner-developer, this is an acceptable arrangement b. The sales associate is in violation of Chapter 475, F.S. c. The sales associate must register both employers with the DBPR. d. This is legal, provided the sales associate is issued a multiple license. b. The sales associate is in violation of Chapter 475, F.S. Which of the criteria listed below is NOT required to hold a Florida real estate license? a. Proof of U.S. citizenship b. 18 years of age or older c. High school diploma or GED d. U.S. Social Security number a. Proof of U.S. citizenship A man owned two farms and a home when he died intestate. The court appointed a personal representative to dispose of any portions of the decedent's estate that might be subject to estate taxes and dents of the deceased. The personal representative a. must have the clerk of the circuit court auction any property sold. b. must register with the DBPR if he expects to be paid for his work. c. may advertise, negotiate, and sell the property and be compensated for his work without registering with the DBPR. d. must dispose of all real property through an active real estate broker. c. may advertise, negotiate, and sell the property and be compensated for his work without registering with the DBPR. A licensed real estate sales associate did NOT complete the post license education requirement eight months ago. Which statement applies to this situation? a. The licensee may be eligible for an extension due to physical hardship. b. The licensee must request an extension in writing to the Commission. c. The Commission has no legislative authority to extend the post-license requirement beyond six months. d. The Commission has the authority to allow the licensee to complete the post license education

requirement if the licensee can document an economic hardship that prevented the licensee form completing the course. c. The Commission has no legislative authority to extend the post-license requirement beyond six months. A license applicant has completed the 63- hour sales associate prelicense course. Within what period of time after being issued a course completion slip for the prelicense course MUST the applicant pass the state license exam? a. Indefinitely b. Two years c. One year d. Six months b. Two years What type of evidence unless refuted by evidence to the contrary will prove a case? a. Prima facie b. Notarized c. Case law d. Enforceable a. Prima facie Which Florida statute governs the DBPR and the professions under the DBPR? a. Chapter 120, F.S. b. Chapter 455, F.S. c. Chapter 475, F.S. d. Chapter 492, F.S. b. Chapter 455, F.S. The three real estate license categories do NOT include a. sales associate. b. broker c. broker associate d. owner-developer

d. owner-developer Florida Statutes prohibit members from serving on the Commission for more than a. one two-year term b. one four-year term c. two consecutive four-year terms. d. three consecutive two-year terms c. two consecutive four-year terms. The Commission's authority to promulgate administrative rules is part of its a. judicial powers b. executive powers c. quasi-judicial powers d. quasi-legislative powers d. quasi-legislative powers Which statement regarding the Division of Real Estate (DRE) is false? a. The DRE offices are located in Orlando, Florida b. The DRE's ministerial duties involve recordkeeping. c. The director of the DRE is appointed by the FREC chairperson d. The Department of Business and Professional Regulation employs the DRE personnel to support FREC activities. c. The director of the DRE is appointed by the FREC chairperson The Commission is obligated to report any criminal violation of Chapter 475, F.S., when knowledgeable of such violations, to the a. state's attorney having jurisdiction. b. secretary of the DBPR. c. local police. d. division of Professions. a. state's attorney having jurisdiction.

The Commission is NOT empowered to impose which disciplinary action against a licensee? a. Suspend a license b. Revoke a license c. Impose an administrative fine d. Sentence a licensee to six months' imprisonment d. Sentence a licensee to six months' imprisonment The licensee status that results when a license is not renewed at the end of the license period is referred to as a. canceled. b. delinquent. c. involuntary inactive. d. voluntary inactive. c. involuntary inactive. An active broker accompanies her husband when he goes on active military duty in Ohio for five years. She is not active in real estate in Ohio. To obtain a current Florida broker's license within six months of her husband's discharge, she a. must first compete seven hours of continuing education for each inactive year. b. must first complete 14 hours of continuing education. c. must first complete 28 hours of reactivation education. d. need not complete any continuing education or reactivation education for those five years d. need not complete any continuing education or reactivation education for those five years A sales associate's license expired 20 months ago. What MUST this sales associate do to again work as a real estate sales associate? a. Complete Course I and pass the end of course exam b. Complete 14 hours of continuing education c. Complete a 28 hour Commission prescribed education course d. Pass the state license exam c. Complete a 28 hour Commission prescribed education course

The only active general partner in a real estate partnership did not account properly for his escrowed funds. His license was suspended. All of the licenses of the sales associates in that partnership are a. suspended. b. canceled. c. placed in involuntary inactive status. d. not affected. c. placed in involuntary inactive status. A broker wishes to be issued several broker licenses for business reason. She may a. only be issued one broker license. b. be issued one broker license only, but have several broker associate licenses. c. be issued a group license. d. request multiple licenses. d. request multiple licenses. Which FREC power is part of the FREC's quasi-judicial responsibilities? a. Foster education of licensees b. Regulate professional practices c. Make determination of violations d. Establish fees c. Make determination of violations An owner-developer employs five licensed sales associates and pays each sales associate a commission for sales of the owner-developer's lots. Which is TRUE of the owner-developer? a. The owner-developer must hold an active broker license. b. The owner-developer must register with the DBPR but does not have to be licensed. c. The owner- developer may only pay the sales associates a salary, not a commission. d. The owner-developer must apply for multiple licenses. b. The owner-developer must register with the DBPR but does not have to be licensed. A broker decides to relocate his real estate brokerage office. He notifies the Commission of the change in business address. He also informs the Commission of the names of three sales associates who are no longer associated with his brokerage. The sales associates' licenses with be

a. suspended until they find new employment. b. placed in involuntary inactive status. c. null and void. d. canceled. b. placed in involuntary inactive status. Which information would be considered a material fact in a real estate transaction that MUST be disclosed to prospective buyers? a. A murder-suicide occurred in the residence. b. Two home invasions have occurred in the neighborhood. c. The homeowners were caregivers for a family member diagnosed with acquired immune deficiency syndrome. d. There are 1/4" wide cracks in the foundation of the residence that have been filled in with concrete. d. There are 1/4" wide cracks in the foundation of the residence that have been filled in with concrete. A real estate broker, when working in a single agent relationship, is typically authorized by a principal to act as a a. designated agent. b. special agent. c. general agent. d. nonagent. b. special agent. A broker is a single agent for a buyer who has entered into a written contract to purchase a new house from a builder. The builder is unable to complete construction by the required date. The builder and the buyer agree to rescind the contract. What must the broker do with the cancelled contract? a. The broker must retain the contract and brokerage disclosures for five years. b. The broker is not required to keep builder contracts. c. The broker is not required to keep the contract because is was rescinded. d. The broker must retain the contract and brokerage disclosures for two years. a. The broker must retain the contract and brokerage disclosures for five years.

The property owner of a listed property has instructed that broker no to show the property when the owner is out of town. A potential buyer asks the sales associate to show the listed property; however, the owner is out of town. How should the sales associate handle the situation? a. Show the buyer the property because the owner will not find out. b. Explain to the buyer that the sales associate cannot show the property until the owner returns. c. The sales associate can show the property anytime unless the owner put his instruction in writing. d. Show the buyer the property provided the buyer has been prequalified and is a serious buyer b. Explain to the buyer that the sales associate cannot show the property until the owner returns. A sales associate has been told by her real estate broker to commit an unlawful act. The sales associate should a. indicate her concern buy comply with her employing broker. b. notify the FREC. c. refuse and withdraw from the relationship. d. comply because of the fiduciary obligation involved. c. refuse and withdraw from the relationship. The seller informs the broker that he wants single agency representation. The broker MUST a. give the seller the no brokerage relationship notice. b. have the seller indicate in writing that the seller was informed of all the agency relationship options. c. have the seller sign the transition to single agent notice. d. give the seller the single agent notice. d. give the seller the single agent notice. A sales associate or broker associate owes fiduciary duties a. only to the broker if working as an employee of the broker. b. to the principal as does the broker, including those situations where the sales associate, for tax purposes, is an independent contractor. c. to the buyer when working for a transaction broker. d. to all of the individuals in the above situations.

b. to the principal as does the broker, including those situations where the sales associate, for tax purposes, is an independent contractor. The buyer's or seller's signature is required on which brokerage relationship disclosure before the licensee may continue? a. No brokerage relationship notice b. Single agent notice c. Consent to transition to transaction broker notice d. Transaction broker notice c. Consent to transition to transaction broker notice The brokerage relationship disclosure requirements in Chapter 475, F.S., do NOT apply to a. agricultural property of 10 acres or less. b. an agreement to lease a residential condominium c. improved residential property of no more than four units d. an unimproved site intended for development as a residential duplex b. an agreement to lease a residential condominium In Florida, which brokerage relationship is NOT legal? a. Nonrepresentation-facilitator b. Single agent-principal c. Transaction broker-customer d. Dual agent in a residential transaction d. Dual agent in a residential transaction A transaction broker may disclose, without exception a. to the buyer, that the seller will accept a price less than the listed price. b. the motivation of the other party for buying or selling the property. c. to the buyer, the listed price and physical characteristics of the home. d. to the seller, the race of the prospective buyer. c. to the buyer, the listed price and physical characteristics of the home.

A transaction broker of residential property has which duty(ies) and responsibility(ies)? a. Undivided loyalty to both the buyer and seller b. Full disclosure between buyer and seller c. To disclose any latent defects to the buyer d. Obedience to the buyer and seller c. To disclose any latent defects to the buyer Which statement applies to designated sales associates? a. Designated sales associates have the duties of a single agent. b. Designated sales associates work as non-representatives in transactions involving commercial property. c. Designated sales associates are sales associates working under a broker who has been issued multiple licenses d. Designated sales associates have earned a designation awarded by a professional organization. a. Designated sales associates have the duties of a single agent. Duties owed in a no brokerage relationship include a. loyalty b. accounting for all funds. c. confidentiality d. obedience b. accounting for all funds. Unwritten law is also called a. statutory law b. administrative law c. common law d. promulgated law c. common law When purchasing a commercial property from a seller without the services of a real estate professional, a buyer would be well advised to carefully verify information conveyed regarding the property. This is sometimes referred to as

a. constructive notice. b. eminent domain. c. caveat emptor d. lis pendens. c. caveat emptor Real property ads and yard signs of a licensed broker MUST include the name of the a. broker associate who obtained the listing. b. broker only c. seller or broker's principal d. brokerage firm d. brokerage firm. During a lunch meeting, three brokers discuss how to increase their businesses. They decide that broker A will work exclusively northeast of downtown, broker B will work exclusively northwest of downtown, and broker C will work exclusively south of downtown. This is a a. violation of antitrust laws called market allocation. b. violation of antitrust laws called price-fixing. c. common, acceptable practice among brokers. d. violation of the statute of frauds a. violation of antitrust laws called market allocation. A broker associate is ordering business cards. May she put "broker" on the card instead of "broker associate"? a. Yes, because she is broker-qualified. b. Yes, with the consent of her broker. c. No, she must use the title "broker associate" d. This is a matter of personal taste. c. No, she must use the title "broker associate" A sales associate is selling her own property "by owner". Which statement is TRUE regarding real estate licensees selling property "by owner"? a. The licensee must disclose in the ad that she is a real estate licensee.

b. The licensee must include the the name of her broker in the ad. c. The property must be listed with the sales associate's broker. d. The licensee should disclose to a buyer prospect the fact that he holds a real estate license at the first point of meaningful negotiation. d. The licensee should disclose to a buyer prospect the fact that he holds a real estate license at the first point of meaningful negotiation. Commingling occurs when a broker a. deposits earnest money in a personal account. b. employs unlicensed persons to obtain listings and sales. c. attempts to channel persons of a particular race to a certain neighborhood. d. deposits up to $1,000 of personal funds in sales escrow account. a. deposits earnest money in a personal account. Rebecca K Sammis, broker of Executive Homes Inc. , is ordering the sign for her new office. She is NOT required to have what information on her sign? a. Licensed Real Estate Broker b. Executive Homes Inc. c. 1000 N Gulf to Bay Blvd. d. Rebecca K. Sammis c. 1000 N Gulf to Bay Blvd. A sales associate receives a good-faith deposit on Monday morning. The broker is in the office that day, so he gives the deposit to his broker that same day. By the end of business on what day must the broker deposit the funds into the escrow account? a. Tuesday b. Wednesday c. Thursday d. Friday c. Thursday If both buyer and seller claim the earnest money deposit in a broker's escrow account, how much time after the last claim received does the broker have to notify the FREC in writing?

a. 5 calendar days b. 15 business days c. 7 calendar days d. 30 business days b. 15 business days An escrow account may NOT be in a. a Florida-based title company having trust powers b. a credit union located in Florida c. a qualified Florida attorney's trust account d. an insurance company located in Florida d. an insurance company located in Florida Which statement is FALSE regarding unearned fees? a. Payment of an unearned fee is also called a kickback. b. Real estate licensees are prohibited from sharing part of their commission with the buyer or seller in a real estate contract unless the buyer or seller is a real estate licensee c. Payment of an unearned fee must not violate RESPA. d. An owner of an apartment complex may pay a finder's fee of up to $50 to an unlicensed person who is tenant of the apartment complex for the referral of a prospect who decides to rent an apartment in the complex. b. Real estate licensees are prohibited from sharing part of their commission with the buyer or seller in a real estate contract unless the buyer or seller is a real estate licensee State and federal telemarketing laws restrict telephone solicitation calls to what hours? a. 8:00 am to 5:00 pm b. 8:00 am to 6:00 pm c. 8:00 am to 9:00 pm d. 9:00 am to 8:00 pm c. 8:00 am to 9:00 pm A dispute over escrowed funds arises between the buyer and seller. The broker notifies the FREC of the conflicting demands and requests that the Commission issue an escrow disbursement order;

however, the FREC declines. Which alternative method CANNOT be used to resolve the matter? a. Petition for review of appeal b. Mediation c. Arbitration d. Litigation a. Petition for review of appeal A broker of a large office hired a certified public accountant (CPA) and a full time bookkeeper to manage the escrow account. Which statement is TRUE regarding this situation? a. The broker is relieved of liability in the event there is an escrow violation because a certified CPA has been hired to manage the escrow account. b. Both the CPA and the bookkeeper must also hold a real estate license if they are going to write checks on the escrow account. c. The broker is required to personally prepare the monthly escrow account reconciliation statement. d. The broker must be a signatory on the escrow account. d. The broker must be a signatory on the escrow account. A broker has an agreement with a local rental car agency. The agreement stipulates that the broker will pay a $25 referral fee to the rental car agency for each prospective buyer referred to the broker. Which applies? a. This is a legal kickback or rebate. b. This is legal, provided the broker informs each prospect of the agreement. c. Florida Real Estate Law prohibits all kickbacks and rabates. d. The broker is in violation of Chapter 475, F.S., because he has promised to compensate an unlicensed person for the referral of real estate business. d. The broker is in violation of Chapter 475, F.S., because he has promised to compensate an unlicensed person for the referral of real estate business. In which situation is the broker NOT exempt from the notice requirements regarding conflicting demands? a. A sale of HUD owned property that uses a HUD sale contract. b. A dispute over escrow funds related to a property inspection c. A buyer's cancellation of a residential condominium purchase agreement within the allowable time

period for review d. A buyer's inability to secure financing for the purchase according to the terms of the contract b. A dispute over escrow funds related to a property inspection A prospective tenant was recently transferred to Jacksonville. He was not familiar with the city so he purchased a rental list for $100 from a local real estate company. The prospective tenant referred to the list while looking for an apartment buy was unable to locate a suitable unit. He was requested a refund of his $100. Which applies? a. He is entitled to a refund of his $100 if requested in writing within 30 days. b. He is entitled to a refund of $75 if requested either verbally or in writing withing 30 days. c. He is not entitled to a refund because there was nothing wrong with the list. d. The broker is guilty of first degree misdemeanor. b. He is entitled to a refund of $75 if requested either verbally or in writing withing 30 days The owner of an office building has signed an exclusive listing agreement with a broker. The listing agreement contains information about the broker's lien rights in accordance with Part III of 475, F.S. If the owner sells the property without paying the broker a commission, the broker a. may record a lien on the office building within 30 days of closing. b. cannot record any lien without first obtaining a court judgment. c. may place a lien against the seller's net proceeds from the sale. d. may record a lien with an effective day of the listing agreement c. may place a lien against the seller's net proceeds from the sale. A sales associate has hired a licensed personal assistant to help increase the sales associate's business. The licensed assistant will receive $12 an hour form administrative work and 35% of any commission earned. The licensed assistant a. cannot perform any services of real estate. b. must be paid by the sales associate's broker for all administrative work and commissions. c. may be paid by the sales associate for administrative work but must be paid by the broker for commissions earned. d. may be paid by the sales associate for the administrative work and for the 35% commission.

c. may be paid by the sales associate for administrative work but must be paid by the broker for commissions earned. May escrow funds be moved from a non-interest-bearing account to an interest-bearing account? a. No, to do so would be a violation of Chapter 475, F.S. b. No, funds may not be removed from the non-interest- bearing account until title closing. c. Yes, the broker is free to move the funds from one escrow account to another escrow account. d. Yes, provided the broker secures the written permission of all interested parties to the contract before moving the funds. d. Yes, provided the broker secures the written permission of all interested parties to the contract before moving the funds. A real estate sales associate might lawfully accept an extra commission for a difficult sale from a. an appreciative seller. b. a thankful buyer. c. the broker-employer. d. the mortgage lender. c. the broker-employer. If a licensee accepts a postdated check as an earnest money deposit on real property, which applies? a. The FREC must be notified within 24 hours. b. The seller's approval must first be obtained. c. The sales associate must get approval from the listing broker. d. The postdated check may not be drawn on an out of state bank account. b. The seller's approval must first be obtained. Before leaving the employ of a broker for whom she has worked for three years, a sales associate takes the original records of all her own listing. The sales associate can be charged with a. theft. b. fraud. c. concealment d. misrepresentation a. theft.

A sales associate has helped a buyer locate a home for which the buyer has made an offer to purchase. The buyer gives the sales associate an earnest money check of $2,500 payable to a title company. Which applies? a. The sales associate must indicate the name, address, and telephone number of the title company on the purchase and sale agreement. b. The sales associate's employing broker must deposit the $2,500 in the broker's escrow account within three business days. c. The earnest money check must be made payable to the broker's trust account. d. Within five business days after the deposit has been made, the sales associate's broker must make a written request to the title company for written verification of receipt of the deposit. a. The sales associate must indicate the name, address, and telephone number of the title company on the purchase and sale agreement. A real estate broker maintains an escrow account for sales transactions and a separate property management escrow account. The broker is allowed to deposit his own funds in the two accounts up to a maximum of a. $6, b. $5, c. $2, d. $1, a. $6, Which business entity would obligate all principals as personally liable for organization incurred debts? a. General partnerships b. Limited partnerships c. Limited liability companies d. Corporations for profit a. General partnerships The legal term that applies when two real estate brokers share office space in such a manner that the public is deceived into believing that a partnership exists is referred to as a a. quasi- partnership

b. limited partnership. c. quasi-corporation. d. quasi-joint venture. a. quasi- partnership A licensed real estate sales associate and broker desire to open a new real estate brokerage firm as general partners. Which statement applies to his situation? a. The partnership must be registered as a joint venture b. They may register the partnership with the broker as the required active broker partner and the sales associate as a junior partner. c. They may not register as a partnership; however, they can incorporate and register as a corporation with the sales associate as vice president and the broker as president. d. A sales associate may not be a general partner in a real estate brokerage partnership. d. A sales associate may not be a general partner in a real estate brokerage partnership. Which entity or individual may NOT be licensed under a trade name? a. Brokerage corporation b. Brokerage partnership c. Real estate broker associate d. Limited liability brokerage corporation c. Real estate broker associate A joint venture usually is created to a. simplify appraisals. b. carry out a single project. c. quiet title d. take advantage of business opportunities. b. carry out a single project. On July 1, a broker received conflicting demands from a buyer and seller regarding a good faith deposit. Twelve business days later, the broker is unable to resolve the conflict between the parties and notifies the FREC. How many days does the broker have remaining the implement as settlement procedure?

a. 10 business days b. 15 business days c. 18 business days d. 30 business days c. 18 business days Which statement is FALSE regarding the Junk Fax Prevention Act concerning unsolicited advertisements to fax machines? a. All faxes must include the date and time the fax is sent. b. The Junk Fax Act regulates unsolicited advertisements to residential fax machines only. c. Faxes that contain an unsolicited advertisement must include an opt-out notice. d. The registered name of the company sending the fax must be included on all faxes. b. The Junk Fax Act regulates unsolicited advertisements to residential fax machines only. A personal assistant MUST hold a real estate license to a. fill out and submit listing and change to an MLS. b. write ads for approval of the licensee and the supervising broker. c. conduct listing presentation on behalf of the sales associate. d. place signs on property. c. conduct listing presentation on behalf of the sales associate. An applicant was issued a sales associate's license by mistake. She has been informed that the license has been revoked. Which applies? a. This action is referred to as "revoke without prejudice" b. The applicant is not allowed to reapply for a sales associate's license for one year. c. The applicant has been disciplined for a violation of Chapter 475, F.S. d. Revocation means that the applicant may not be licensed in Florida for five years a. This action is referred to as "revoke without prejudice" Which statement concerning a consumer complaint is FALSE? a. A complaint is considered to be legally sufficient if it contains facts that indicate a violation of license law has occurred. b. The DBPR will investigate an anonymous complaint that is in writing and legally sufficient.

c. A person may file a complaint online. d. The person named in a complaint must be a real estate licensee. d. The person named in a complaint must be a real estate licensee. If a legally sufficient complaint has been filed, investigated, and found valid, the nest step in the complaint process is a. an informal proceeding. b. a formal hearing c. probable cause determination. d. final order issuance. c. probable cause determination. False advertising concerning real estate information incurs what type of penalty? a. Administrative penalty. b. Third-degree felony c. First-degree felony d. Second degree misdemeanor d. Second degree misdemeanor A sales associate put a "for sale by owner" sign on his property with no intention of selling his home. The licensee used the sign as a way to reach prospective buyers for his listed properties. The FREC may find the sales associate guilty of which violation? a. Failure to account for and deliver b. Commingling c. Misrepresentation d. Conversion c. Misrepresentation A sales associate was issued a citation. How many days does the licensee have to either pay the citation or file an objection to the alleged violation? a. 30 b. 45

c. 60 d. 90 a. 30 An administrative law judge discovered evidence that the current practices of a large property management brokerage firm were an immediate danger to the public welfare and to the economic welfare of its principals. The FREC chairperson convened a special session to conduct a hearing prior to a summary suspension order being issued. Upon conclusion of the hearing, the FREC issued a final order for summary suspension of the brokerage firm's license. Which statement is TRUE regarding this FREC action? a. The summary suspension final order was not accompanied by a formal suspension order. b. Only the DBPR Secretary or a legally appointed representative may issue a final order of summary suspension. c. A summary suspension order may not be issued until three days after a respondent has been notified of the pending action. d. A review of the summary suspension final order must be conducted by the DBPR before it can be va b. Only the DBPR Secretary or a legally appointed representative may issue a final order of summary suspension. A sales associate disputes the facts and allegations in a formal complaint. Which statement is TRUE regarding this situation? a. The sales associate should request the matter be heard in an informal hearing. b. The sales associate should refuse to sign the election of rights in protest. c. The matter must be heard in a formal hearing before and administrative law judge. d. The sales associate should file an objection to the formal complaint and mail it to the DBPR Secretary. c. The matter must be heard in a formal hearing before and administrative law judge. A DBPR investigator is authorized, in cases that involve a first-time offense of a minor violation, to issue. a. a cease and desist order. b. a notice of noncompliance

c. a letter of guidance d. an administrative fine b. a notice of noncompliance Which action would likely result in a charge of conversion? a. The sales associate did not indicate on the contract for sale and purchase that the earnest money check was postdated. b. The broker deposited the rental security deposit checks into the operating account. c. The broker did not review the monthly reconciliation statements prepared by the accountant when a shortage occurred. d. A broker placed escrow funds in the operating account and used the funds to cover office expenses. d. A broker placed escrow funds in the operating account and used the funds to cover office expenses. A broker followed the instructions in an escrow disbursement order, but he was the victim of a civil court judgment that resulted in a payment of $10,000 from the Recovery Fund due to his actions. As a consequence, the FREC a. will take no action against the broker. b. will probably suspend the broker's license c. will seek reimbursement of $10,000 d. is required to suspend the broker's license. a. will take no action against the broker. Which statement regarding the recovery fund is FALSE? a. Licensees must hold an active license at the time fo the alleged act b. An unlicensed spouse of the offending licensee is eligible for reimbursement. c. A final judgement must be issued against the licensee and the consumer must make an attempt to collect on the judgment d. Punitive damages and interest cannot be reimbursed from the recovery fund. b. An unlicensed spouse of the offending licensee is eligible for reimbursement. A sales associate has been placed in a court ordered rehabilitation program to overcome an addiction to narcotics. Based on this information, the FREC will likely a. revoke the sales associate's license

b. suspend the sales associate's license until successfully completing the program. c. issue the sales associate a $5,000 administrative fine. d. issue the sales associate a citation for a $500 fine. b. suspend the sales associate's license until successfully completing the program. Which statement is FALSE regarding the probable-cause panel a. At least one member must be a professional member. b. A former Commissioner with an inactive real estate license may serve on the panel c. A consumer member may serve on probable cause. d. The FREC chairperson appoints the probable cause panel. b. A former Commissioner with an inactive real estate license may serve on the panel A licensee has been issued an administrative complaint. The licensee has signed the election of rights indicating that he does not dispute the allegations of fact and he requests an informal hearing. How much prior notice of a hearing MUST be given to the licensee-respondent? a. 14 days b. 15 days c. 30 days d. 45 days a. 14 days An agreement as to the facts of the case and the penalty reached between the DRE attorneys and the licensee is called a. a summary order. b. an informal hearing agreement c. a settlement stipulation d. a mediation order. c. a settlement stipulation Which violation is a third-degree felony? a. Provide inaccurate and out of date rental information for compensation b. False and misleading advertising

c. Reproduction or theft of a real estate license exam d. Failure to account for and deliver escrow funds c. Reproduction or theft of a real estate license exam The maximum payment from the Real Estate Recovery Fund for a judgement issued in connection with a single real estate transaction is a. $50,000 b. $75,000 c. $100,000 d. $150,000 a. $50,000 The United States Supreme Court ruling in Jones v Mayer, as it pertains to real property, focuses on a. discrimination b. truth in lending c. informing buyers of latent defects d. misrepresentation by land developers. a. discrimination The Civil Rights Act of 1968 made discrimination illegal if based on any of these criteria EXPECT a. age b. race c. sex d. religion a. age d. Civil Rights Act The Fair Housing Act of 1968 was part of the a. National Housing Act b. Interstate Land Sales Full Disclosure Act. c. Truth in Lending Act d. Civil Rights Act.