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level: Level 1 of Practice of Real Estate

Questions and Answers List

level questions: Level 1 of Practice of Real Estate

QuestionAnswer
comminglingmixing client monies with personal or general business funds is illegal
conversionillegal use of entrusted money
escrow accountmost state laws required money to be deposited into an escrow account immediately
confidentialitykey element of fiduciary duties. agent cannot disclose clients financial status - seller will take lower than asking price, buyer willingness to pay higher price
escrow accounttrust account established by an escrow agent to hold funds pending distribution at the closing of a transaction
Fair Housing Act of 1968Title VIII of the Civil rights act - prohibits discrimination in housing based on race, color, national origin, religion, sex, familail status, or diability
HUDHousing of Urban Development administers the Fair Housing Act
ADAAmericans with Disabilities Act - make reasonable accommadations that enable an individual with a disability to perform essential job function and or have full accessibility to businesses goods and public services
steeringchanneling of homeseekers to particular neighborhoods or discouraging potential buyers from considering some areas
redliningrefusing to make mortgage loans or issue insurance policies for reasons other than economic qualifications
Exemptions of Fair Housing Actrentals in owner occupied buildings with no more than 4 untis, organizations/private clubs that limit occupancy to members, the sale or rental of a single family home
Raceincludes ancestoral and ethnic charatersitics
HOPAHousing for Older Persons Act - repealed facilities and services for hosuign intended for persons age 55 or older
Housing is exempt form familial status protectionif it is restrcited to persons age 62 or older or if 80% of the units are occupied by persons age 55 or older
Familial status- extends fair houisng protections to families with children meaning a family including a woman who is pregnant or in which more individuals under the age 18 live
antitrust lawsprice-fixing, group boycott, allocation of customers, allocation markets, tie-in agreements
price fixingcompeting brokers agree to set sales commissions, fees, or management rates, illegal... must independetly determine commission rates or fees for their own firms only
group boycotttwo or more businesses conspire against another business
allocation of customers or marketsinvolves an agreement between real estate brokers to divide their markets and refrain from competing for each others business
tie-in agreementsare agreements to sell one product only if the buyer purchases another product as well
penaltiesSherman anti-trust - the penalty for fixing prices or allocating markets is a maximum $1 fine and 10 years in prison