FREC Exam UPDATED ACTUAL Questions And Correct Answers
Terms in this set (88)
Chapter 475 Real Estate Law 1) Real Estate Brokerage 2) Appraisal 3)Commercial Sales Lien
Rights 4) Commercial Leasing Lien Rights
Chapter 455 Regulation of Businesses and Professions. Defines general practices and
procedures for DBPR , including the practice of Real Estate
FS 120 Licensing and disciplinary procedures for Real Estate Licensees
61J2 FAC Rules of the FREC
Department of Business and Professional Regulation DBPR or BPR; regulates business and professions; Secretary of DBPR appointed
by the governor, confirmed by the Senate.
Powers and Duties of the DBPR Adopt rules and regulations; standing to challenge any rule of Commission;
prepare and administer examinations; issue licenses; investigate complaints; seek
evidence in investigation or proceeding (take depositions and issue subpoenas)
Division Of Real Estate DRE, Director appointed by Secretary of DBPR subject to approval by
Commission; provides all services concerning Chapter 475
Duties of Division Executive (investigation of complaints); Ministerial (maintenance of records);
Administrative (clerical and routine duties)
Funding of Division Fees and assessments of Commission
Principal Office of DRE Orlando, by law
Purpose of 475 Protect public from economic loss
Rules Implement and prescribe law
Florida Real Estate Commission FREC; agency; administers and enforces administrative license law
Membership of FREC 7 members: 4 brokers, 1 broker OR sales associate, 2 consumer members, 1
member 60 or older
Appointment of Members Appointed by governor for 4-year terms; confirmed by senate.
Compensation of Members NOT salaried employees of DBPR; compensated for attending meetings
Election of Officers Annually Chairperson and Vice Chairperson elected
Official Records Minute book and order book
, Legislative (Quasi-Legislative) Powers Enactment of rules and regulations; can NOT conflict with constitution, statutes,
and other laws; decide questions of practice; validate records (imprinted with
seal)
Adoption of Rules must relate to duty or power of commission; notice published 28 days prior to
public hearing
Petition Regarding Rule ANY person regulated by FREC may petition the Commission to adopt, amend, or
repeal a rule
Effective Date of Rule 20 days after being filed with Secretary of State
Judicial (Quasi-Judicial) Powers suspend, revoke, reprimand, censure probation, and administrative fines
Public Hearing ANY affected person may present evidence and argument at hearing
Appeal of FREC Decision District Court of Appeals
Delegation of FREC Power any duties and powers EXCEPT disciplinary powers and power to adopt rules
Specific Powers and Duties Adopt a seal; certify documents (signed by authorized person) and imprinted
with seal; certificates are prima facie evidence of authenticity in all courts in
Florida; foster education; establish fees
Prima Facie Evidence "On its face" a document or an action is presumed to be true; may be refuted in
court by evidence to the contrary
License Piece of paper in pocket; prima facie evidence that person holds current and
valid licensure; includes name and license number
Registration Status; having name and address in computer; all personas holding licensure also
have registration but NOT all persons having registration hold licensure
Licensure status; having name in computer qualifying a person as a broker or sales
associate; the right to ask for a license; status obtained by passing the exam
Real Estate License is required if Person Performs A BAR SALE services, involving real estate in Florida, FOR
ANOTHER FOR COMPENSATION or the implied intent to collect compensation
UNLESS specifically exempt
A BAR SALE Advertise, Buy, Appraise, Rent or provide rental information, Sell, Auction, Lease,
and Exchange
License is also required if Advertises engaged in business of providing agency services, takes part in
procuring sellers, purchasers, lessors, or in negotiation of closing of real estate
transaction; sell time share plan
Legal Presumption A person who sells or leases real estate which he or she does not own (hold legal
or equitable title) is presumed to be acting as a broker or sales associate; burden
of proof is on such person to sow not acting as broker or sales associate
Terms in this set (88)
Chapter 475 Real Estate Law 1) Real Estate Brokerage 2) Appraisal 3)Commercial Sales Lien
Rights 4) Commercial Leasing Lien Rights
Chapter 455 Regulation of Businesses and Professions. Defines general practices and
procedures for DBPR , including the practice of Real Estate
FS 120 Licensing and disciplinary procedures for Real Estate Licensees
61J2 FAC Rules of the FREC
Department of Business and Professional Regulation DBPR or BPR; regulates business and professions; Secretary of DBPR appointed
by the governor, confirmed by the Senate.
Powers and Duties of the DBPR Adopt rules and regulations; standing to challenge any rule of Commission;
prepare and administer examinations; issue licenses; investigate complaints; seek
evidence in investigation or proceeding (take depositions and issue subpoenas)
Division Of Real Estate DRE, Director appointed by Secretary of DBPR subject to approval by
Commission; provides all services concerning Chapter 475
Duties of Division Executive (investigation of complaints); Ministerial (maintenance of records);
Administrative (clerical and routine duties)
Funding of Division Fees and assessments of Commission
Principal Office of DRE Orlando, by law
Purpose of 475 Protect public from economic loss
Rules Implement and prescribe law
Florida Real Estate Commission FREC; agency; administers and enforces administrative license law
Membership of FREC 7 members: 4 brokers, 1 broker OR sales associate, 2 consumer members, 1
member 60 or older
Appointment of Members Appointed by governor for 4-year terms; confirmed by senate.
Compensation of Members NOT salaried employees of DBPR; compensated for attending meetings
Election of Officers Annually Chairperson and Vice Chairperson elected
Official Records Minute book and order book
, Legislative (Quasi-Legislative) Powers Enactment of rules and regulations; can NOT conflict with constitution, statutes,
and other laws; decide questions of practice; validate records (imprinted with
seal)
Adoption of Rules must relate to duty or power of commission; notice published 28 days prior to
public hearing
Petition Regarding Rule ANY person regulated by FREC may petition the Commission to adopt, amend, or
repeal a rule
Effective Date of Rule 20 days after being filed with Secretary of State
Judicial (Quasi-Judicial) Powers suspend, revoke, reprimand, censure probation, and administrative fines
Public Hearing ANY affected person may present evidence and argument at hearing
Appeal of FREC Decision District Court of Appeals
Delegation of FREC Power any duties and powers EXCEPT disciplinary powers and power to adopt rules
Specific Powers and Duties Adopt a seal; certify documents (signed by authorized person) and imprinted
with seal; certificates are prima facie evidence of authenticity in all courts in
Florida; foster education; establish fees
Prima Facie Evidence "On its face" a document or an action is presumed to be true; may be refuted in
court by evidence to the contrary
License Piece of paper in pocket; prima facie evidence that person holds current and
valid licensure; includes name and license number
Registration Status; having name and address in computer; all personas holding licensure also
have registration but NOT all persons having registration hold licensure
Licensure status; having name in computer qualifying a person as a broker or sales
associate; the right to ask for a license; status obtained by passing the exam
Real Estate License is required if Person Performs A BAR SALE services, involving real estate in Florida, FOR
ANOTHER FOR COMPENSATION or the implied intent to collect compensation
UNLESS specifically exempt
A BAR SALE Advertise, Buy, Appraise, Rent or provide rental information, Sell, Auction, Lease,
and Exchange
License is also required if Advertises engaged in business of providing agency services, takes part in
procuring sellers, purchasers, lessors, or in negotiation of closing of real estate
transaction; sell time share plan
Legal Presumption A person who sells or leases real estate which he or she does not own (hold legal
or equitable title) is presumed to be acting as a broker or sales associate; burden
of proof is on such person to sow not acting as broker or sales associate
