Study (Principles 1) Texas Real Esate License Act "Part Two" Flash Cards

 
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(Principles 1) Texas Real Esate License Act "Part Two"

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If the commission proposes to deny, suspend, or revoke a person's license or certificate of registration, the person is entitled to a hearing conducted by
State Office of Administrative Hearings
A real estate licensee may NOT negotiate the sale of real property with an owner if he or she knows that the owner has a written contract granting exclusive agency to another real estate broker T/F?
T
Agreements between brokers and the parties they represent should state how and by whom the broker will be
Paid
Brokers are required to maintain, and to place all money received from clients in, which of the following?
Escrow or Trust Account
An aggrieved person may only be reimbursed from the real estate recovery fund if it is ordered by
The administrator of the commission of his or her designee
To be entitled to a commission, a broker must advise a prospective buyer in writing that the buyer should have the abstract to the property examined by his or her attorney or obtain a
Title Insurance Policy
An agent received a cash deposit for a client's property. The agent placed the deposit in his personal checking account and then wrote a check to his trust account. For this action the agent was found guilty of
Commingling
The commission will pay no more than what amount from the real estate recovery fund for claims against any one licensee until the fund has been repaid in full by the licensee?
$100,000
When applying for a real estate license, the applicant must pay an additional fee of what amount for deposit into the real estate recovery trust fund?
$10
The Texas Real Estate Commission may suspend or revoke the license of a real estate licensee who guarantees that future profits will result from the resale of a property T/F?
T
A licensed broker may pay a commission to a licensed broker of another state as long as that broker does NOT conduct in Texas any of the negotiations for which the commission or compensation is paid T/F?
T
The Texas Real Estate Commission may NOT suspend or revoke the license of a real estate licensee who disburses money deposited in a custodial, trust, or escrow account before the transaction has been completed or terminated T/F?
F
A person acting as a real estate broker, real estate salesperson, or a right-of-way agent without a license or registration is guilty of a Class A misdemeanor that is punishable by a fine of
Not more than $4,000
Each resident broker must maintain a fixed office within the state of Texas T/F?
T
If a person violates the License Act, the commission may assess an administrative penalty in an amount NOT to exceed $5,000 per day T/F?
T
A broker is permitted to write a deed for a client to complete the transfer of real estate T/F?
F
When, by court order, the commission has paid a judgment creditor from the real estate recovery trust fund, the commission shall be subrogated to all the rights of the judgment creditor to the extent of the amount paid from the recovery fund T/F?
T
The registration of a right-of-way agent can be suspended or revoked for which activity?
All of the Above
When an aggrieved person brings an action for judgment that may result in an order for payment from the real estate recovery trust fund, the registrant or licensee must notify which in writing at the time action begins?
Texas Real Estate Commission (TREC)
The Texas Real Estate Commission may suspend or revoke license of real estate licensee who makes a false promise that is likely to influence a person to enter into an agreement when licensee is unable or does NOT intend to keep the promise T/F?
T
When applying for reimbursement from the real estate recovery fund, the aggrieved person does NOT have to take into account the remaining balance due on the judgment after the debtor's assets have been sold or applied to the judgment T/F?
F
It is considered unauthorized practice of law if a real estate licensee (who is NOT a lawyer) advises a person regarding the validity or legal sufficiency of an instrument or the validity of title to real property T/F?
T
The spouse of the licensee involved in a judgment may apply for collection from the real estate recovery fund T/F?
F
A salesperson cannot transfer his or her license to another broker T/F?
F
The commission may suspend, but not revoke, a license if the license holder fails to honor, within a reasonable time, a check issued to the commission after the commission has sent by certified mail a request for payment to the license holder’s last known business address according to commission records T/F?
F
An individual who, for compensation, sells, buys, leases, or transfers an easement or right-of-way for use in connection with a telecommunication, utility, railroad, or pipeline service is required to be licensed as a broker or salesperson or registered with the commission T/F?
T
The Texas Real Estate Commission may suspend or revoke the license of a real estate licensee who knowingly withheld from or inserted an inaccurate statement into a statement of account T/F
T
A broker who maintains more than one place of business in the state of Texas must obtain a branch office license for each office T/F?
T
If an unlicensed person performs the activities of a real estate broker or salesperson, he or she may be assessed an administrative penalty T/F?
T
The Texas Real Estate Commission may NOT suspend or revoke the license of a real estate licensee who accepts, receives, or charges an undisclosed commission, rebate, or direct profit on expenditures made for a principal T/F?
F
The real estate recovery trust account provides protection for licensees who have suffered losses such as liability judgments or unpaid commissions T/F?
F
Payment to an injured party made from the real estate recovery trust account does NOT limit the commission's authority to take disciplinary action against a license or certificate holder for a violation of the License Act or a commission rule T/F?
T
The Texas Real Estate Commission may suspend or revoke the license of a real estate broker or salesperson who has been convicted of a felony involving fraud or may take other disciplinary action T/F?
T
The Texas Real Estate Commission may suspend or revoke the license of a real estate licensee who fails to surrender to the rightful owner, without just cause, a document requested by the owner and in the possession of the licensee T/F?
T
When applying for reimbursement from the real estate recovery fund, the aggrieved person does NOT have to take into account the remaining balance due on the judgment after the debtor's assets have been sold or applied to the judgment T/F?
F
The Texas Real Estate Commission has the power to enforce compliance with the Texas Real Estate License Act T/F?
T
It is considered unauthorized practice of law if a real estate licensee (who is NOT a lawyer) advises a person regarding the validity or legal sufficiency of an instrument or the validity of title to real property T/F?
T
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