FREC EXAM PRACTICE 2

210 Flashcards
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Term/Front Definition/Back
1 What does FREC stand for? Florida Real Estate Commission
2 What is the primary role of FREC? To regulate real estate licensees in Florida.
3 How many members serve on FREC? Seven members.
4 How many FREC members must be licensed brokers? Four members.
5 How many FREC members must be licensed brokers who have held active licenses for at least five years? Four members.
6 How many FREC members are consumer members with no real estate background? Two members.
7 Who appoints the members of FREC? The Governor of Florida.
8 How long is a FREC member's term? Four years.
9 What is the maximum number of consecutive terms a FREC member may serve? Two terms.
10 What is the purpose of FREC meetings? To conduct regulatory and disciplinary business.
11 What authority does FREC have over licensees? It can issue discipline for violations of real estate law.
12 Can FREC create real estate laws? No, it enforces laws passed by the legislature.
13 What chapter of Florida Statutes contains real estate license law? Chapter 475.
14 What administrative rules govern FREC operations? Chapter 61J2 of the Florida Administrative Code.
15 What is a quorum for a FREC meeting? Four members.
16 Who acts as the chairperson of FREC meetings? The chair elected by FREC members.
17 What is the purpose of a FREC citation? To resolve minor violations without a formal hearing.
18 What is the purpose of a FREC hearing? To determine disciplinary action for violations.
19 What is the Florida Department of Business and Professional Regulation (DBPR)? The state agency that oversees FREC and professional licensing.
20 What is the primary role of DBPR in real estate? Administering licenses and enforcing professional regulations.
21 What does DRE stand for in Florida real estate? Division of Real Estate
22 What is the role of the Division of Real Estate (DRE)? Providing administrative support to FREC.
23 Who employs the investigators that examine real estate complaints? DBPR
24 Who issues real estate licenses in Florida? DBPR
25 Who regulates real estate licensees in Florida? FREC
26 What is a voluntary inactive license? A license placed inactive at the licensee's request.
27 How long can a Florida real estate license remain involuntarily inactive before becoming null and void? Two years.
28 How long can a Florida real estate license remain voluntarily inactive? Indefinitely if renewal requirements are met.
29 How many hours of continuing education are required every renewal period? 14 hours.
30 How many hours of ethics and business practices are included in Florida continuing education requirements? 3 hours.
31 What is the renewal period for Florida real estate licenses? Every two years.
32 Which state does not have mutual recognition with Florida? California.
33 What is a broker in Florida real estate? A person licensed to operate independently and supervise licensees.
34 Can a sales associate work independently in Florida? No
35 Who is responsible for the actions of sales associates working under a brokerage? The broker
36 What is a broker associate? A broker who chooses to work under another broker.
37 What is an independent contractor relationship in real estate? A relationship where the agent controls how work is performed.
38 What is required for a sales associate to be paid a commission? Payment must come through the employing broker.
39 Can a seller pay a sales associate directly? No
40 Can a broker share a commission with an unlicensed person? No
41 Can a broker pay a referral fee to an unlicensed person? No
42 What is the minimum age to obtain a Florida real estate license? 18 years old.
43 What education level is required for a Florida real estate license? High school diploma or equivalent.
44 How many questions are on the Florida sales associate exam? 100 questions.
45 What score is required to pass the Florida sales associate exam? 75%
46 How many questions are on the Florida broker exam? 100 questions.
47 What score is required to pass the Florida broker exam? 75%
48 Who is the principal in an agency relationship? The person being represented.
49 Who is the agent in an agency relationship? The licensee representing the principal.
50 What does the acronym FREC use for fiduciary duties? Obedience, Loyalty, Disclosure, Confidentiality, Accounting, and Care.
51 What does the fiduciary duty of obedience require? Following lawful instructions from the principal.
52 What does the fiduciary duty of loyalty require? Acting in the principal's best interests.
53 What does the fiduciary duty of disclosure require? Informing the principal of material facts.
54 What does the fiduciary duty of confidentiality require? Protecting the principal's private information.
55 What does the fiduciary duty of accounting require? Properly handling money and property entrusted to the agent.
56 What does the fiduciary duty of care require? Using skill, diligence, and competence in representation.
57 What is single agency? Representation of one party with full fiduciary duties.
58 What is transaction brokerage? Limited representation without fiduciary duties of loyalty and confidentiality.
59 What is the presumed brokerage relationship in Florida? Transaction brokerage.
60 What is no brokerage relationship? Providing limited services without representation.
61 Does a no brokerage relationship include fiduciary duties? No
62 When must the single agent notice be disclosed? Before or at the time of entering into a listing agreement or showing property.
63 When must the transaction broker notice be disclosed? Before the customer signs a contract.
64 Can a broker transition from single agent to transaction broker? Yes, with written consent from the principal.
65 What is designated sales associate representation? Appointing specific associates to represent different parties in the same brokerage.
66 What is constructive notice? Information that a person is assumed to know because it is publicly recorded.
67 What is a material fact? A fact that could influence a buyer's or seller's decision.
68 What is stigmatized property? Property associated with events that may affect buyer perception but not physical condition.
69 Must a Florida licensee disclose known material defects? Yes
70 What is the Johnson v. Davis decision? A Florida case requiring sellers to disclose known facts that materially affect property value.
71 What is latent defect? A hidden defect not easily discovered by inspection.
72 What is a patent defect? A defect that is visible or readily observable.
73 What is caveat emptor? Let the buyer beware.
74 Does caveat emptor fully apply to residential real estate in Florida? No, because material defects must be disclosed.
75 What is the purpose of an escrow account? To hold funds belonging to others in trust.
76 Who is responsible for escrow funds held by a brokerage? The broker.
77 How many business days does a broker have to notify FREC of an escrow dispute? 15 business days.
78 How many business days does a broker have to institute one of the settlement procedures after notifying FREC? 30 business days.
79 What are the four authorized escrow settlement procedures? Mediation, arbitration, litigation, and escrow disbursement order.
80 What is an escrow disbursement order (EDO)? An order from FREC directing the broker on how to disburse escrow funds.
81 What is arbitration in an escrow dispute? A binding decision made by a neutral third party.
82 What is mediation in an escrow dispute? A nonbinding process to help parties reach an agreement.
83 What is litigation? Resolving a dispute through the court system.
84 What is the maximum time a broker may hold an escrow check before depositing it? By the end of the third business day after receipt.
85 What is a business day for escrow purposes? Any day that the brokerage office is open for business.
86 Where must escrow funds be deposited? In a Florida escrow account, title company, or attorney trust account.
87 What is a security deposit? Money held to protect a landlord against tenant default or damages.
88 What is earnest money? A buyer's deposit showing good faith in a purchase transaction.
89 What is the Florida Real Estate Recovery Fund? A fund that reimburses consumers harmed by certain licensee misconduct.
90 What is the maximum payment from the Recovery Fund for one transaction? $50,000.
91 What is the maximum amount paid for claims against one licensee? $150,000.
92 What happens to a license after payment is made from the Recovery Fund on behalf of a licensee? The license is automatically suspended until repayment.
93 What is a lis pendens? A recorded notice of pending legal action involving property.
94 What is specific performance? A court order requiring a party to fulfill contract obligations.
95 What is rescission? Canceling a contract and returning the parties to their original positions.
96 What is liquidated damages? Predetermined damages agreed upon in a contract.
97 What is an option contract? A contract giving a buyer the right, but not the obligation, to purchase property.
98 What consideration is required for an option contract? Valuable consideration from the option holder.
99 What is a bilateral contract? A contract in which both parties make promises.
100 What is a unilateral contract? A contract in which one party makes a promise that is accepted by performance.
101 What is assignment of contract? Transferring contractual rights to another party.
102 What is leasehold estate? A possessory interest in property for a specific period of time.
103 What is fee simple estate? The highest form of property ownership recognized by law.
104 What is fee simple absolute? Ownership with the greatest bundle of rights and fewest restrictions.
105 What is a life estate? Ownership that lasts for the lifetime of a specified person.
106 Who is the life tenant? The person who holds a life estate.
107 What is a remainderman? The person who receives ownership after a life estate ends.
108 What is a reversion estate? Ownership that returns to the original owner after a life estate ends.
109 What is tenancy in common? Ownership where each owner has a separate and potentially unequal interest.
110 Does tenancy in common include right of survivorship? No
111 What is joint tenancy? Ownership with equal interests and right of survivorship.
112 What are the four unities required for joint tenancy? Time, title, interest, and possession.
113 What is tenancy by the entirety? Ownership between married spouses with right of survivorship.
114 Who may own property as tenants by the entirety? Legally married spouses only.
115 What is community property? Property ownership system used in some states but not Florida.
116 What is severance in joint tenancy? The act of ending the joint tenancy relationship.
117 What is partition? A court action to divide jointly owned property.
118 What is severalty ownership? Ownership by one person or one legal entity.
119 What is cooperative ownership? Ownership through shares in a corporation that owns the property.
120 What are common elements in a condominium? Areas jointly owned by all unit owners.
121 What are limited common elements? Common areas reserved for the use of specific unit owners.
122 What is a homeowners association (HOA)? An organization that manages a residential community and enforces rules.
123 What are deed restrictions? Private limitations placed on property use by the developer or property owners.
124 What are CC&Rs? Covenants, Conditions, and Restrictions governing a community.
125 What is a special assessment? An additional fee charged to owners for unexpected expenses or improvements.
126 What is a planned unit development (PUD)? A development combining private ownership with shared common areas.
127 What is the bundle of rights in real estate? The rights to possess, control, enjoy, exclude, and dispose of property.
128 What is the right of disposition? The right to sell, lease, transfer, or give away property.
129 What is the right of exclusion? The right to prevent others from entering or using the property.
130 What is the right of enjoyment? The right to use property without interference.
131 What is the right of control? The right to determine how property is used within legal limits.
132 What is the right of possession? The right to occupy and use the property.
133 What is an encumbrance? A claim, charge, or liability that affects property rights.
134 What is a lien? A claim against property used to secure payment of a debt.
135 What is a voluntary lien? A lien created by the property owner's actions.
136 What is an involuntary lien? A lien imposed by law without the owner's consent.
137 What is a specific lien? A lien affecting one particular property.
138 What is a property tax lien? An involuntary specific lien for unpaid property taxes.
139 What is a judgment lien? An involuntary general lien resulting from a court decision.
140 What is a mechanic's lien? A lien filed by contractors or suppliers for unpaid work or materials.
141 Which lien generally has the highest priority in Florida? Property tax lien.
142 What is lien priority? The order in which liens are paid after foreclosure.
143 What does "first in time, first in right" mean? Earlier recorded liens generally have priority over later liens.
144 What is foreclosure? The legal process used to satisfy a debt through the sale of property.
145 What is a deficiency judgment? A court judgment for the remaining debt after foreclosure proceeds are applied.
146 What is equity in real estate? The owner's interest in property value after debts are deducted.
147 What is leverage in real estate? Using borrowed money to purchase property.
148 What is amortization? Gradual repayment of a loan through scheduled payments.
149 What is principal? The amount borrowed on a loan.
150 What is interest? The cost of borrowing money.
151 What is an acceleration clause? A clause making the entire loan balance due after default.
152 What is a prepayment penalty? A fee charged for paying off a loan early.
153 What is discount point? Prepaid interest used to lower the loan interest rate.
154 What is the difference between a promissory note and a mortgage? The note creates the debt and the mortgage secures the debt with property.
155 What is a mortgagee? The lender in a mortgage transaction.
156 What is a mortgagor? The borrower in a mortgage transaction.
157 What is title theory? A theory where the lender holds title until the loan is paid.
158 What theory of mortgages does Florida follow? Lien theory.
159 What is lien theory? A theory where the borrower keeps title while the lender holds a lien.
160 What is a deed of trust? A security instrument involving a borrower, lender, and trustee.
161 Does Florida primarily use mortgages or deeds of trust? Mortgages.
162 What is a conventional loan? A loan not insured or guaranteed by the government.
163 What is an FHA loan? A loan insured by the federal government to help borrowers qualify more easily.
164 What does FHA stand for? Federal Housing Administration.
165 What is a VA loan? A loan guaranteed for eligible military service members and veterans.
166 What does VA stand for? Department of Veterans Affairs.
167 What is a USDA loan? A loan program for eligible rural properties and borrowers.
168 What does USDA stand for? United States Department of Agriculture.
169 What is a balloon mortgage? A loan with smaller payments followed by a large final payment.
170 What is underwriting? The process of evaluating loan risk and borrower qualifications.
171 What is a deed? A written instrument used to transfer ownership of real property.
172 What is required for a deed to be valid in Florida? Competent parties, legal description, granting clause, and delivery and acceptance.
173 What is a grantor? The person transferring ownership of property.
174 What is a grantee? The person receiving ownership of property.
175 What is a legal description? A precise method of identifying a parcel of real property.
176 What are the three main methods of legal description? Metes and bounds, government survey, and lot and block.
177 What is metes and bounds? A legal description using distances, directions, and landmarks.
178 What is the government survey system also called? Rectangular survey system.
179 What is lot and block legal description? A description using recorded subdivision maps or plats.
180 What is a general warranty deed? A deed providing the greatest protection to the grantee.
181 What is a special warranty deed? A deed warranting title only during the grantor's ownership period.
182 What is a quitclaim deed? A deed conveying whatever interest the grantor may have without warranties.
183 What is a bargain and sale deed? A deed implying ownership but offering limited warranties.
184 What is constructive delivery of a deed? Delivery without physically handing over the document.
185 When does title transfer in Florida? Upon delivery and acceptance of the deed.
186 What is recording? Entering documents into public records to provide notice.
187 What is actual notice? Knowledge obtained directly from facts or observation.
188 What is constructive notice? Knowledge presumed because documents are publicly recorded.
189 What is chain of title? The history of ownership transfers for a property.
190 What is title insurance? Insurance protecting against defects in title.
191 What is a marketable title? A title free from significant defects or reasonable doubt.
192 What is a cloud on title? Any claim or encumbrance that may affect ownership rights.
193 What is a title search? An examination of public records to determine ownership and liens.
194 What is an abstract of title? A summary of the property's ownership history and recorded documents.
195 What is a suit to quiet title? A court action used to remove clouds from title.
196 What is an easement? A right to use another person's land for a specific purpose.
197 What is an easement appurtenant? An easement benefiting one parcel of land over another parcel.
198 What are the dominant and servient tenements? The dominant parcel benefits and the servient parcel is burdened.
199 What is an easement in gross? An easement benefiting a person or company rather than a parcel of land.
200 What is an encroachment? An unauthorized physical intrusion onto another person's property.
201 What is a license in real estate? A temporary revocable right to enter another person's property.
202 What is a profit or profit a prendre? The right to enter land and remove natural resources.
203 What is an easement by necessity? An easement created when land has no access to a public road.
204 What is a prescriptive easement? An easement acquired through continuous unauthorized use over time.
205 What is an easement by prescription in Florida similar to? Adverse possession without ownership rights.
206 What is condemnation? The government's taking of private property for public use.
207 What is eminent domain? The power of government to take private property for public use.
208 What is inverse condemnation? Legal action by an owner when government actions reduce property value.
209 What is police power? Government authority to regulate for health, safety, and welfare.
210 What is escheat? The transfer of property to the state when a person dies without heirs or a will.
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