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Florida Real Estate
Chapter 5
58
Real Estate & Planning
Not Applicable
06/05/2005

Additional Real Estate & Planning Flashcards

 


 

Cards

Term
advance fees
Definition
up front money collected by a broker for listing a property. Must deposit 75% in an advanced fee escrow account. Must be reconciled monthly If auction advance fees can be placed in regular escrow account.
Term
arbitration
Definition
the act of having a third party render a binding decision in a dispute between parties
Term
blind advertisement
Definition
advertising that fails to disclose the licensed name of the brokerage firm
Term
commingle
Definition
to mix together money or a deposit with personal funds.
Term
conflicting demands
Definition
when parties each make claim that are inconsistent with each other. Resolve=mediation, arbitration, litigation, escrow disbursement order (EDO) MALE
Term
conversion
Definition
unauthorized control or use of another person's property
Term
corporation
Definition
an artificial or fictitious person formed to conduct specified types of business activities.
Term
deposit
Definition
earnest money or some other valuable consideration given as evidence of good faith to accompany an offer to purchase or rent.
Term
earnest money deposit
Definition
money that a broker may handle for others in the ordinary course of business also referred to as good faith money. Broker has 3 days to deposit.
Term
escrow account
Definition
an account in a bank or credit union or title company used solely for safekeeping customers funds non interest on interest 5% simple or 75% any annualized amount.
Term
Escrow Disbursement Order (EDO)
Definition
a course of action for determining the disposition of a consisted deposit.
Term
general partnership
Definition
an association of two or more persons for the purpose of jointly conducting a business each being responsible for all the debts incurred in the conducting of business.
Term
good faith
Definition
a party's honest intent to transact business, free from any intent to defraud the other party.
Term
interpleader
Definition
course of action when two contesting parties cannot reach an arbitrated agreement.
Term
kick-back
Definition
payment of money from someone other than the buyer or seller associated with real estate business.
Term
Limited Liability Company (LLC)
Definition
hybrid business entity with the combined characteristics and benefits of both limited partnership and S corps.
Term
Limited Liability Partnership (LLP)
Definition
a business entity that features protection from personal liability
Term
limited partnership
Definition
a business entity consisting of one or more general partners and one or more limited partners.
Term
mediation
Definition
the act of having a third party attempt to reconcile a dispute between two parties.
Term
ostensible partnership
Definition
also known as quasi partnership; do not form a real partnership, but act and do business as if one
Term
point of contact information
Definition
any means by which to contact the brokerage firm or an individual licensee.
Term
policy manual
Definition
written rules and regulations that set desired standards and procedures in an office.
Term
puffing
Definition
comments or opinions not made as representations of fact thus not grounds for misrepresentation. Boasting.
Term
sole proprietorship
Definition
dealing as an individual in business.
Term
telephone solicitation
Definition
initiation of a telephone call for the purpose of encouraging the purchase of property.
Term
Can sales associate's open their own offices?
Definition
No
Term
Are real estate office registrations transferable?
Definition
No
Term
* A broker's office must consist of least ONE enclosed room
Definition
*
Term
What must a real estate office sign display? (3)
Definition
1) name of the broker 2) trade name (if any) 3) the words "Licensed Real Estate Broker
Term
What (3) types of telephone solicitations are allowed?
Definition
1) Political solicitations 2) telephone surveys 3) charitable solicitations
Term
* You may solicit individuals whom you have established business relationships with even if the customer's number is on the national registry
Definition
*
Term
What is the fine for illegal solicitation?
Definition
$11,000
Term
After conclusion of a business transaction how long may you solicit?
Definition
18 months
Term
How long does a sales associate have to deliver earnest money to their broker?
Definition
No later than the end of the next business day
Term
How long do brokers have to deposit money in escrow?
Definition
no later than the end of the third business day following receipt of the deposit
Term
How long must brokers keep business records, books and accounts?
Definition
5 years
Term
Records must be preserved for how many additional years beyond the conclusion of a court proceeding?
Definition
2 years (5+2)
Term
If a broker has a good-faith doubt as to which party should receive escrowed property, that broker must notify the FREC, in writing, within how many days?
Definition
15 days
Term
How often must the broker reconcile the advanced fee account?
Definition
Monthly
Term
When must a broker provide account reconciliation records to the DBPR?
Definition
Upon demand
Term
Brokers who collect advanced fees must furnish each seller what?
Definition
Verified account be of all related accounting records
Term
What constitutes a temporary shelter?
Definition
1) not a branch office 2) no forms on-site 3) no business conducted on-site
Term
Acceptable escrow institutions (3)
Definition
1) Florida bank 2) title company 3) credit union
Term
How much personal money can be kept at escrow account?
Definition
$1,000
Term
Are posted dated checks OK?
Definition
Only if seller gives written permission
Term
When is an advanced fee account not necessary?
Definition
Auctions
Term
Punishment for 1st degree misdemeanor
Definition
$1000 or (1) year in jail
Term
(2) types of 1st degree misdemeanors
Definition
1) advanced fees 2) advanced rental lists
Term
Punishment for 2nd degree misdemeanor
Definition
$500 or 60 days in jail
Term
Punishment for 3rd degree felony
Definition
$5,000 and/or 5 years in jail
Term
Not valid real estate companies: (5)
Definition
1) corporation sole 2) joint ventures 3) business trust 4) co-op 5) un-incorporated association
Term
Can a real estate licensee provide an opinion of title?
Definition
No, only an attorney can
Term
What is a sales associate guilty of he or she duplicates records, listings or confidential information from a former office?
Definition
Breach of trust
Term
Can a property manager or an owner of an apartment complex pay a finder's fee?
Definition
Yes, up to $50 to unlicensed person who is a tenant of the complex
Term
Must be notified when you add or drop business partners?
Definition
FREC
Term
trade name
Definition
fictitious name (must be recorded with the Commission)
Term
* broker & sales associates must be licensed under their illegal names
Definition
*
Term
Can broker & sales associates to be licensed under a trade name?
Definition
No
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