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Gold Coast Final Exam Study Guide
- what are the the areas a realtor should be an expert in?: Marketing Valuation & Market Conditions Property Transfer "MVP"
- Does one need to be a resident of the state or a citizen of the U.S. to get a FL real estate license?: to get a FL real estate license, you don't need to be a citizen
- What must an applicant for a real estate license do if he has been convicted of a crime?: must disclose all convictions
- Employment: an associate can only have one employer at a time
- What's the grace period for a Sales associate's first renewal? Post Licens- ing: no grace period, void and null
- Individuals who are exempt from licensure: Salaried Employees
- How long can one stay involuntary inactive?: 2 years
- What happens to an associates license if a broker's license is void, sus- pended, or revoked?: their license automatically becomes inactive
- Multiple Licenses: issued only to active brokers if it is clearly shown that such additional licenses are necessary to the conduct of legitimate business
- What is a Transaction broker: a broker who provides limited representation to a buyer, seller, or both, in a real estate transaction not an AGENT
- Presenting Offers: must present all offers
- A broker is entitled to compensation if they...: bring a buyer who brings an offer the seller was looking for
- Listing Contract: broker's employment contract that states the terms and conditions that the broker must meet to become eligible for compensation
- Referral Fees: I as the sellers agent promise kickback commission. Is this allowed?: yes, as long as this is disclosed to all interested parties
- what if an attorney asks for a fee because they referred a client to you?: you cannot give him a referral fee for sending you a client
- Principal Brokerage office: -registration is good for 2 years -can switch locations
- branch brokerage office: -registration is good for 2 years -cannot move locations if not the principal location... in order to move it would need a new registration for the new location and must pays fees associated with it
- What are the requirements for a Principal Office?: -at least one enclosed room in a building of stationary construction -must maintain documents for a minimum of 5 years
- What are the requirements for an associate advertising with a website?- : -must have brokerage name and his/her last name
- Advertising: must have name of brokerage
- When should one disclose that they are a licensed agent?: prior to entering serious negotiations
- Escrow Account pg.75****: ESCROW ACCOUNT PG 75****
- Earnest Money Deposit: provide written verification within 10 days of request
- A buyer drops off an escrow check on Monday. To avoid any trouble with FREC, the broker must deposit the check by close of business on which day?: Thursday
- Which of the following 4 uses/has an interpleader? Mediation Escrow Disbursement Order Arbitration Litigation: Litigation
- Escrow Disbursement Exemptions: when a sales contract is subject to a contingency (financing/appraisal/etc) and it's not met
- When a sales associate has not received his compensation, what can they do?: sue employing broker only
- How many days does one have to notify the commission of a change of address or employer: 60
- Real Estate Brokerage Partnership: -all must register w.
DBPR
- If all the partners in a Real Estate Brokerage Partnership want to be active in real estate sales, what must they do/be?: all must be a licensed broker
- Does a corporation for profit between a broker and associate dealing with investments need to be registered?: No, a for profit corporation dealing w. investments does not need to be registered with any department
- What are the 7 businesses that may register with the department to perform brokerage services?: 6 of 7 have the letter P... the only one that doesn't is LLC -sole Proprietorship -corporation for Profit -Not-for-Profit corporation -LLC -general Partnership -limited Partnership -limited liability Partnership
- what do the following businesses that may not register to broker real estate have in common: they don't have the letter P in it or LLC
- culpable negligence: occurs if a broker operates in a reckless, careless, and excessively negligent manner. negligence for which one can be held legally accountable
- misrepresentation: omission or misstatement of facts
- Appeal a final order: request review with district court of APPEAL
- Where does the money come from for the Recovery Fund?: fees and fines
- Steering or Channeling: an individual, directly or indirectly, into or away from a neighborhood or location in a multi-unit building on the bases of race, color, religion, sex, or national origin
- Redlining: refusal by a lender to approve a mortgage loan based on a property being located in a certain geographical area, the age of the property, the income level of the residents, or the racial composition of the area
- Blockbusting: consists of inducing an owner to list or sell on the basis that the neighborhood is deteriorating or becoming transitional due to an influx of minority persons
- When a landlord is holding a security deposit, which can't he do?: cannot hold money in an out of state banking institution
- Do Not Call List "DNC": -cannot call someone before 8am and after 9pm -can call someone from the DNC if you have a buyer interested in purchasing the property
-CANNOT Solicit for sale by owner -can face a 40k fine
- Which term refers to physical land, improvements, & intangible rights?: - Real Property
- Riparian Rights: rights of an owner whose property borders a flowing water- way (RIVER)
- Fee Simple: the owner has a complete bundle of rights
- Estate in Severalty: sole ownership of entire bundle of rights
- Tenancy in Common: -2 or more people own it -undivided interest -can be left in a will -may sell his interest without consent
- Joint Tenancy: -right of survivorship
- Tenancy by the entireties: husband and wife only
- if a husband and wife get divorced, the property that was once tenancy by the entireties becomes?: tenancy in common
- Jef owns a property, Jeff deeds it to Maggy but only for the duration of Maggys' life. When Maggy dies, the estate goes to Ray. What is this called?: Remainder Estate
- Tenancy at Will: -month to month -must give other party 15 days notice
- Property owned in one spouse's name before the marriage or acquired by gift or inheritance during the marriage is considered?: Separate Property
- Tenancy for Years: -specific time period -has a specific start and end date
- A spouse who is left out of a will can claim?: Elective share 30%
- Constructive Notice: achieved by recording documents in the public records
- Voluntary Alienation: deed and will
- Involuntary Alienation: escheat, eminent domain, adverse possession, de- scent and distribution
- Habendum Clause: specifies the legal right being conveyed/received
- When transferring a title, whose signature is required?: Grantor
- All are examples of an eminent domain except?: mall
- eminent domain: -allows local, state or federal gov., railroads, public utilities, and public housing authorities to obtain ownership to private property -the "taking" must only be for public use
- Net Lease: fixed rent + portion of operating cost like taxes, insurance, and maintenance
- Which township is North of Section 1?: 36
- Check: the intersection of guide meridians and correction lines from a 24-mile-square area
- Lot and Block: used to identify small parcels of property
- Parcel Number: assigned to a parcel of real property by a county property assessor to identify that property
- 1 acre is how many square feet?: 43,
- one section is how many acres: 640
- what is required for a valid contract?: Offer and Acceptance
- Consideration: Promise of future money
- Statute of Frauds: in writing to be enforceable
- If a contract is entirely oral, action must be brought within: 4 years
- Inferred: implied contract
- All are ways to terminate an offer except?
Novation acceptan ce withdraw al rejection and counter: Novation
- Assignment of Contracts: the sale, transfer, or subrogation of rights in a contract
- Suit for Specific Performance: if seller promises to sell and a few weeks later he doesn't want to sell
- As is Contract: must DISCLOSE any material defects
- What type of listing best protects the broker?: exclusive right of sale
- Option Contract: right to buy during a specified period of time
- When does a mortgager (borrower) become Legal Owner?: day of closing
- Promissory Note: document specifies money owed, payment schedule, and interest
- When a loan is paid off, a lender provides the mortgagor what?: satisfac- tion of mortgage
- Defeasance Clause: protection to borrower
- Equal Credit Opportunity Act: requires lenders to judge every loan applicant on the basis of the applicant's own credit rating and income
- Housing Expense Ratio & Total Obligations Ratio: 31% 43%
- Equity of Redemption: right to redeem interest by paying off lender what they are owed in full
- If all lien holders have been paid from the proceeds of the foreclosure sale, any surplus funds remaining are paid to?: Mortgagor (borrower)
- FHA: insures and has a max loan
- what are 3 layers of the secondary market?: -Federal National Mortgage Association (FNMA or Fannie Mae) -Federal Home Loan Mortgage Corporation (FHLMC or Freddie Mac) -Government National Mortgage Association (GNMA or Ginnie Mae)
- all of these are actions of the primary market except?: - Federal National Mortgage Association (FNMA or Fannie Mae)
-Federal Home Loan Mortgage Corporation (FHLMC or Freddie Mac) -Government National Mortgage Association (GNMA or Ginnie Mae)
- Real Estate Settlement Procedures Act (RESPA): law that requires lenders to provide a loan estimate of settlement costs
- Abstract Continuation: history of title provided by seller
- Doc Stamp on Deed located outside of Miami Dade?: .70/
- intangible tax: applies to new mortgage
- Liquidation Value: value of failing business
- Market Value: most probable price
- Principle of Substitution: pay no more for a property than for an equally desirable alternative property
- Principle of highest and best use: most profitable use, produces the greatest net return on land
- External Obsolescence: loss of value caused by factors beyond the bound- aries of the subject property
- Functional Obsolescence: adding a swimming pool that cost you 20k even though it only provides 10k in value
- Principles of Value: rate stays the same, value goes up -
> interest goes up
- Static Risk: can be offset with insurance, such as fire, flood, robbery, etc
- Immune Property: properties that are owned by local, state, and federal gov
- all apply to homestead except?: property is immune
- Veteran who became 20% disabled in the war: 30k
- Residential Zoning: based on density