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Florida Real Estate
Chapter 6
38
Real Estate & Planning
06/05/2005

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Cards

Term
citations
Definition
statements of alleged violations and penalties to be imposed
Term
complaint
Definition
an alleged violation of a law or rule
Term
formal complaint
Definition
outline of charges against a licensee
Term
legally sufficient
Definition
a complaint contains facts indicating a violation of the 1) Florida statute 2) Federal statute 3) DBPR rule 4) FREC rule
Term
notice of noncompliance
Definition
issued by DBPR in the case of a MINOR rule violation that does not endanger the public
Term
probable cause
Definition
reasonable cause for prosecution
Term
recommended order
Definition
a determination of an administrative law judge that indicates findings and conclusions to be included in a final order
Term
subpoena
Definition
a command to appear at a certain time and place to give testimony
Term
summary suspension
Definition
emergency or immediate action against a license to protect the public
Term
what are the eight steps in a complaint process
Definition
1 filing the complaint 2 investigation 3 probable cause 4 formal complaint 5 informal hearing 6 formal hearing 7 final order 8 judicial review
Term
how many people make up a probable cause panel
Definition
2 members of FREC who are appointed by the chairperson of the commission a former commissioner may serve on a probable cause panel however one of the two panel members must be a current number the panel must include at least one professional member present or former however in the case of the former professional member here she must hold an active valid license If a present or former consumer member is available and willing to serve then one of the panelists must be a consumer member
Term
what are the three types of penalties
Definition
administrative penalties, civil penalties and criminal penalties
Term
what is a administrative penalty
Definition
is a penalty for violations of the law or rules and regulations possible administrative penalties include denial of an application for a license refusal to recertify a license renewal: revocation of a license: suspension of a license for not more than 10 years a fine not to exceed $5000 for each Florida Statut. 455 violation or $1000 for each Florida Statut 475 violation and probation, reprimand, citation, notice of noncompliance or other penalty
Term
what is a civil penalty
Definition
is a penalty that may be enforced by courts if a person has performed any real estate service without a license the courts may rule that no sale commission is due which can be much greater penalty then a administrative fine or criminal penalty
Term
Note
Definition
if the licensee fails to take action to correct one of the listed minor violations within 15 days after being notified the licensee may be fined or subjected to other disciplinary actions
Term
what is a criminal penalty
Definition
first-degree penalty= 1 unlawfully collecting an advance fee for listing real property 2 failing to provide accurate and current rental information for a fee. Penalty for first degree misdemeanor is a fine of not more than $1000 and or up to one year in jail
Term
what is the purpose of the real estate recovery fund
Definition
to reimburse any person partnership or corporation judged by a Florida court to have suffered monetary damages but not punitive damages as result of the act committed by broker or sales associate
Term
what is a total payout per transaction from the real estate recovery fund
Definition
$50,000
Term
payments for claims based on judgments against one broker or sales associate may not exceed in total of how much money
Definition
$150,000
Term
what is the authorized limit for the recovery fund
Definition
$1 million start collecting when falls belwoe 500,000
Term
brokers and agents pay how much into the fund each year
Definition
$3.50 per year for brokers $1.50 per year for sales associates
Term
breach
Definition
the breaking of your promise or obligation
Term
comingle
Definition
to mix the money or other personal property of a buyer or seller with the brokers own money or property
Term
concealment
Definition
the withholding of information or material fact
Term
conversion
Definition
unauthorized control or use of another's personal property to taking another person's property
Term
culpable negligence
Definition
guilty of failing to use the care a reasonable person would exercise
Term
failure to account for and deliver
Definition
the act of failing to pay money to a person entitled to receive
Term
fraud
Definition
intentional deceit for the purpose of inducing another to rely on information to part with some valuable thing belonging to him or her or to surrender a legal right
Term
material facts
Definition
a piece of information that is relevant to a person making a decision and that affects the value of the real property
Term
misrepresentation
Definition
an un true statement of fact
Term
moral turpitude
Definition
conduct contrary to honesty good morals justice or accepted custom
Term
what is the first response to a minor violation
Definition
notice of non compliance
Term
revocation
Definition
out of business
Term
a probable cause panel includes
Definition
wto members at least one professional and at least one current
Term
who prepares and submits a recommended order of findings and conclusions in a complaint case
Definition
administrative law judge
Term
the final order issued by the DBPR secretary or illegally appointed designee the results of circumstances that pose an immediate danger to the public health safety welfare is called a
Definition
summary or emergency suspension
Term
in the brokers license is suspended the licenses of all sales associates working for the broker are
Definition
placed in involuntary inactive status
Term
one penalty that the commission may not legally levy is
Definition
deny the payment of compensation