Unit 26 real estate Flashcards

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A broker and associate broker's qualifications are the same except

the associate broker has not assumed the responsibilities of contracting directly with consumers. An associate broker works as a licensee affiliate of another broker.


In an effort to secure a listing from a property owner, a broker promises to purchase the property for $250,000, if a ready willing and able buyer is not found by the termination date of the brokerage engagement with the seller. Under what conditions might the rules of the Commission allow this agreement?

the broker must enter into a written agreement to purchase the seller's property for $250,000 before signing any listing engagement with the homeowner


In its advertisement of a company listing, a brokerage firm misrepresents the actual terms of this property offering. Aside from violating the Laws and Rules in its fraudulent advertising, the real estate firm would also be in violation of what other Georgia statute?

Fair Business Practice Act


A candidate for a real estate license must provide documentation to the Real Estate Commission. One of the required documents that outlines any criminal history is the

GCIC report


Standard requirements for a Broker's license in Georgia would include

evidence that in three of the five years immediately prior to making application has held an active real estate license


An agent with a license from another state can obtain a Georgia real estate license through

a reciprocity agreement.


The following activities are considered a matter of practice for a real estate broker in Georgia except

provides legal advice in the preparation of a residential purchase agreement.


The investigative process carried out by the Commission which entitles the accused licensee to a formal hearing as well as an appeal right if that party is dissatisfied with the hearing's outcome derives its legal basis from

the Georgia Administrative Procedures Act, a statute separate from License Law and Commission Rules.


The following actions are unfair trade practices under the License Law except

telling a prospective purchaser that a property is under contract and not available to be shown. When a property is under contract it is off the market and typically unavailable for showing. The other actions are defined as unfair practices by the License Law


What matter(s) may be resolved when the Real Estate Commission issues a declaratory ruling?

whether or not the Commission decides that an existing Rule or Regulation applies to a particular situation as set forth in any person's written, notarized request


For a licensee, which of the following actions would be considered an Unfair Practice under License Law?

Indicating that the a competitive market analysis done for a client is an appraisal estimation


Which of the following statements would be accurate with regard to an individual residing in another state, who holds a broker's license in that state, and who wishes to acquire a broker's license in Georgia?

That individual may acquire a nonresident broker's license in Georgia through a reciprocity agreement that exempts the applicant from educational and exam requirements.


With regard to maintaining a brokerage trust account, which of the following statements is true?

A broker must authorize any reasonable request by the Commission to examine the firm’s trust account.


With regard to the handling of trust funds, a broker engaging in property management must ensure that

security deposits held in escrow accounts must always reflect a balance equal to the total of all such deposits.


In its capacity to administer the License Law as created by Georgia statute, the Real Estate Commission may

only pass rules and regulations based on License Law


An applicant for a Georgia salesperson license discloses that his license as a pest control operator in another state was revoked one year prior to his Georgia application. Georgia law permits the Commission to

deny the salesperson license


A Georgia real estate broker rents a storage unit to keep the files from all of the brokerage firm's closings. The storage unit was getting full, so the broker disposed of the files that were four or more years old. In another action later than week, the broker received an earnest money check from a buyer for a home that had been listed by the broker. As the sales contract did not indicate who would receive the interest paid by the brokerage firm's designated escrow account, the broker collected that interest sum. Under the circumstances described in this narrative, have any Unfair Practices occurred?

Yes, the broker's actions on the interest bearing escrow/trust account represents an Unfair Practice


After a listing expires, a broker must remove any sign offering a property for sale within

10 days after the expiration of the listing. All licensees must have written permission to place a sign on any property offering it for sale or lease, and must remove any sign within ten days after the expiration of a listing.


The Commission's Rules and Regulations

carry the force of law and may be used as grounds for discipline by the Commission


Upon the death, resignation or termination of a qualifying broker the firm

has 60 days to name a replacement qualifying broker.


The real estate commission's business is conducted by the real estate commissioner who is

a full time government employee who conducts the day to day activities of the department. The commissioner has no voting interests and can hire support staff.


When a licensee advertises on the internet, any viewable web page must disclose

the name and telephone number of the licensee's firm. The internet ad may include the licensee's name, and the firm's address, as long as the name and telephone number of the licensee's firm is displayed on any viewable page.