License law game gray

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Transcript of License law game gray

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TODAY’STOPICS

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RECAD

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DISCIPLINARYACTIONS

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ESCROWFUNDS

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COMPANIES&

BROKERS

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MISC.PROVISIONS

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Disciplinary

Actions

Escrow

Funds

Companies and

Brokers

Misc.

Provisions

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RECAD

When must the RECAD form be provided to a

consumer?

Show Answer

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As soon as reasonably possible and before

confidential information is

disclosed to another.

§34-27-82(c)Back to Board

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RECAD

What is the real name of the RECAD form?

Show Answer

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Back to Board

Real Estate Consumer Agency

Disclosure

790-X-3-.13

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RECAD

If no signed brokerage agreement isentered

into, what is the licensee’s

relationship to the consumer?

Show Answer

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Back to Board

Transaction Broker

§34-27-82(e)

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RECAD

Can Agency be implied in Alabama?

Show Answer

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Back to Board

No,There must be a

written agreement

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RECAD

Name the two exceptions to the requirement that licensees must

provide a RECAD form to the consumer?Show Answer

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Back to Board

1.For rental or property

management services

2.Consumer is acting on behalf of an artificial entity

§34-27-82(c)(d)

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Disciplinary Actions

What is the minimum & maximum fine per

charge that the Commission may

impose?Show Answer

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Back to Board

$100to

$2,500

§34-27-36(a)

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Disciplinary Actions

After a consumer has executed a document,

what must the licensee do?

Show Answer

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Back to Board

Promptly furnish a copy to the consumer

§34-27-36(a)(10)

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Disciplinary Actions

What is it called when a licensee tells a lie

about something significant in a

transaction that causes damages?

Show Answer

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Back to Board

Material Misrepresentation

§34-27-36(a)(3)

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Disciplinary Actions

If you represent both the seller and the

buyer, for whom do you prepare a net

sheet?

When? Show Answer

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Back to Board

Both your buyer and the seller

receive a net sheet at the time of offer

790-X-3-.04

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Show Answer

Disciplinary Actions

When a licensee knows that money is being given

“under the table” in a transaction involving amortgage loan, what

should they do?

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Disclose this fact to the mortgage lender

§34-27-36(a)(21)

Back to Board

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Escrow Funds

When a shortage is found by an auditor, what is the charge

filed by the Commission against

the broker?Show Answer

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Failure to deposit and account for funds at

all times

§34-27-36(a)(8)a&b

Back to Board

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Escrow Funds

What must a salesperson or

associate broker do immediately upon receiving earnest

money?Show Answer

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Back to Board

Turn money over to his or her

Qualifying Broker

790-X-3-.03(2)

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Escrow Funds

What keeps a broker from buying gold with

escrow funds and holding the gold in

trust for consumers?Show Answer

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Back to Board

Law requires that funds be deposited

into a federally insured bank account

§34-27-36(a)(8)b

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Escrow Funds

If a contract calls for earnest money but

doesn’t specify when it is to be deposited, when is it deposited?

Show Answer

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When the offer becomes a contract

790-X-3-.03(3)

Back to Board

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Escrow Funds

What offense is committed if a broker

deposits earnest money into his/her personal account?

Show Answer

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Commingling of funds

§34-27-36(a)(8)a

Back to Board

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Companies & Brokers

If the broker never goes to the office, who is responsible for the actions of the sales

agents?Show Answer

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Qualifying Broker

§34-27-32(e)

Back to Board

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Companies & Brokers

Is the broker responsible for an act of a salesperson even

if they don’t know about it?

Show Answer

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Yes, and may be fined or have their license

suspended

Back to Board

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Companies & Brokers

What happens to a company when a QB

submits written notice to the company and the Commission that they

are no longer the Qualifying Broker?Show Answer

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The company is out of business

§34-27-34(d)

Back to Board

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Companies & Brokers

Can a Qualifying Broker serve as a QB at different locations?

Show Answer

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No they may not

§34-27-32(g)

Back to Board

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Companies & Brokers

Is it okay for the QB not to have authority to

deposit into and write checks out of escrow

accounts if they are not the company owner?

Show Answer

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No, Qualifying Brokers MUST have these

authorities

790-X-3-.03(1)Back to Board

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Misc. Provisions

Can someone manage and lease residential apartments without

being licensed?

Show Answer

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Yes, they are exempt from licensing requirements

§34-27-2-(b)(7)

Back to Board

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Misc. Provisions

Is there ever a time that a Salesperson can serve as a Qualifying Broker of a company?

Show Answer

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Yes, if they apply for a temporary broker

license after the death or disability of the Qualifying Broker

§34-27-32(i)Back to Board

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Misc. Provisions

If a licensee does something REALLY

bad, can the Commission revoke

their license without a hearing?

Show Answer

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No, every licensee is entitled to a hearing

§34-27-36

§34-27-37Back to Board

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Misc. Provisions

Is an applicant automatically denied a license if they have a criminal record for a

felony or crime involving moral turpitude?

Show Answer

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No, the Commission may or may not allow them to be licensed.

§34-27-32(a)

Back to Board

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Misc. Provisions

When a licensee sells their own property that is owned with a relative

in an LLC, is it acceptable to simply

note in the contract that they have a real estate

license?Show Answer

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No, they must disclose the relationships to the buyer in writing

before the buyer becomes contractually

obligated

§34-27-84(a)(6) Back to Board

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Who is more likely to sue you?

Buyer or Seller?

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2/3 Of suits are fromBuyers

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Show Question

The Big Point Question

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Big Point Question

What will happen to the broker if an agent does not complete CE by 9/30 and continues to practice real estate

Show Answer

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To End

Broker gets free advertising in the

AREC Update along with the agent for failing to meet the requirements for

licensure