Term 1

Real estate brokerage

Definition 1

engaging in real estate transactions on behalf of someone else for a fee or valuable consideration

Term 2

Real estate brokerage includes the following areas

Definition 2

homes, apartments/units, retail stores, office buildings, warehouses, industrial buildings, land, farms, cemetaries, time sharing, campground memberships

Term 3

Real estate licenses are administered by the state real estate commission and they are

Definition 3

real estate broker
associate broker
real estate salesperson
builder-owner salesperson
cemetery broker
cemetery associate broker
cemetary salesperson
timeshare salesperson
campground membership salesperson
rental listing referral agent
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Term 4

independend contractor

Definition 4

broker cannot exert control over how the salesperson performs her work. Can make them follow laws.
Salesperson receives 1099MISC
Broker does not contribute to unemployment compensation, soc. security.
Salesperson pays soc.sec. as if self employed
May provide office equipment and general assistance/advice
May be covered by errors and ommissios

Term 5

Statutory Method, qualified real estate agent

Definition 5

at least 90% of compensation must be productivity based rather than related to hours worked.
Must be written contract
Broker can direct and control the activities of the salespeople
They receive a 1099MISC
Receive a W-2 for non production income and the broker contributes to unemployment compensation and soc.sec on non production income i.e on wages not earned from commission

Term 6

Anti Trust

Definition 6

activities that are anti-competative. Price fixing, boycotting a competitor due to marketing or fees, allocating markets, creating agreements which unnecessarily bundle dissociated products or services for additional fees
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Term 7

Federal Civil Rights Act of 1866

Definition 7

All citizens of the US have the same right in every state and territory as enjoyed by white citizens.

Not limited to housing, no exemptions
Basically deals with racial factors.

Law is invoked by filing suit in federal court

Term 8

Title 8 -feder civil rights act of 1968

Definition 8

The law identifies protected classes and prohibits discrimination against them when it comes to housing and vacant land.

Term 9

True/False in relation to Fair Housing Laws 1968

Protected classes are Race, color, religion, sex, national origin, familial status, and handicapped status

Definition 9

TRUE
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Term 10

True/False in relation to Fair Housing Laws 1968

Familial Status includes federal protection for homosexuals

Definition 10

FALSE

Term 11

True/False in relation to Fair Housing Laws 1968

Familial status means you cant descriminate against people with children, pregnant persons, or a person who is in the process of obtaining legal custody of a person under 18

Definition 11

TRUE

Term 12

True/False in relation to Fair Housing Laws 1968

Handicapped status protection does not apply to members of a person's household or person's with whom they associate but only to the individual attempting to rent/purcahse or currently renting a property

Definition 12

FALSE
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Term 13

True/False in relation to Fair Housing Laws 1968

Handicapp status applies to physical or mental impairment or the belife that a person has such an impairment, diseases such as cancer/aids, epilepsy autism or previous drug addiction.

Definition 13

TRUE

Term 14

True/False in relation to Fair Housing Laws 1968

In regards to handicapped status it is unlawful to refus to permit a person to make reasonable modifications at the renters expense

Definition 14

TRUE

Term 15

True/False in relation to Fair Housing Laws 1968

A building w/a "no pets" policy can refuse a visually impaired tenant to keep a guide dog.

Definition 15

FALSE
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Term 16

True/False in relation to Fair Housing Laws 1968

Housing need not be made available to a person who is in a direct threat to the health or safety of others or who currently use illegal drugs

Definition 16

TRUE

Term 17

True/False in relation to Fair Housing Laws 1968

Buildings built after march 1991 and have an elevator and 4+ units
must have accessable common areas, doors and hallways must be wide enough for wheelchairs, an accessable route through the unit, access

Definition 17

TRUE

Term 18

Discrimination against protected classes includes:

Definition 18

Refusing to rent, sell, negotiate
discrimination in terms, facilities
Discriminatory ads and statements
Blockbusting
Steering/guiding
threats, interference, coersion or intimidation
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Term 19

Blockbusting

Definition 19

any effort with a profit motive, to induce a person to sell or rent a dwelling by making represenations regarding the undesireable consequences that will occur because of the alleged entry into a neighborhood of any of the protected classes

Term 20

Steering / Guiding

Definition 20

actions that channel home seekers to or from a particular area to maintain homogenity within the area

Term 21

True/False in relation to Fair Housing Laws 1968

if no real estate license is used the following acts are excluded from the law
The sale or rental of a single family residence if the owner does not own an interest in more than 3 single family houses a

Definition 21

TRUE
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Term 22

True/False in relation to Fair Housing Laws 1968

if no real estate license is used the following acts are excluded from the law rentals of rooms or units in owner-occupied multi-dwellings for 2-6 families

Definition 22

FALSE, Only for 2-4 families if owner occupied

Term 23

True/False in relation to Fair Housing Laws 1968

if no real estate license is used the following acts are excluded from the law limiting the sale, rental, or occpancy of dwellings wich a religious organization owns or operates, to persons of the same r

Definition 23

TRUE

Term 24

True/False in relation to Fair Housing Laws 1968

if no real estate license is used the following acts are excluded from the law limiting to its own members the rental or occupancy of lodings wich a private club owns or operates for other than a commerc

Definition 24

TRUE
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Term 25

True/False in relation to Fair Housing Laws 1968
If a discrimatory act fits within one of the four exception to the 1969 law, the party could still be prosecuted under the 1968 law

Definition 25

TRUE, if the discrimination is based on race.