1 REAL ESTATE SALES ASSOCIATE PRE-LICENSE (63-HOURS) COURSE SYLLABUS FL Real Estate Associate Requirements for licensure: 1. Successfully complete a FREC-approved pre-licensing course for sales associates consisting of 63 classroom- hours (60 hours of instructions and 3 hours for end-of-course examination with a grade of at least 70). The course is valid for licensure purposes for 2 years after the course completion date. 2. Submit a completed application, electronic fingerprints, and appropriate fee. 3. Pass the Florida Real Estate Sales Associate Examination with a grade of at least 75. 4. Activate the license, otherwise the license is issued in an inactive status. 5. Successfully complete a FREC-approved post-licensing course for sales associate consisting of at least 45 classroom-hours, prior to the expiration of the initial sales associate license. Textbook: Crawford, Linda L., Florida Real Estate Principles, Practices & Law (43rd Ed), (2020) Attendance: Students may not miss more than 8 hours of instruction. An instructional hour is 50 minutes (Section 475.17, F.S.). Any student who misses more than the allotted 8 hours MUST make up the missed time within 30 days of the End of Course examination date. Questions regarding makeup classes, class schedules, etc., should be directed to the school office at (904) 596-5947. End-of-Course Exam: The end-of-course exam consists of 100 questions that are worth 1 point each. A passing score of at least 70 is required. Three (3) hours is allotted for this exam. If a student fails the exam, they must wait at least 30 days from the date of the original examination before retesting. A student may only retest a maximum of one time. If a student fails the retest, the student must repeat the course before being eligible to retake the end-of-course examination (61J2-3.008, F.A.C.). Course Topics and Learning Objectives: Unit 1: Course Overview: The Real Estate Business Describe the various activities of real estate brokerage; Distinguish among the five major sales specialties; Identify the role of property managers and situations that require a CAM license; Describe activities that require appraiser services, USPAP, state regulation of appraisers, and distinguish among a CMA, a BPO, and an appraisal; Understanding the mortgage process and the role of the mortgage loan originator; Explain the three phases of development and construction; and Distinguish among the three categories of residential construction. Key Terms: absentee owner community association manager (CAM) property management appraisal comparative market analysis (CMA) property manager appraiser dedication real estate brokerage broker price opinion (BPO) farm area REALTOR® business broker follow-up rental agent business opportunity multiple listing service (MLS) subdivision plat map target market Unit 2: Real Estate License Law and Qualifications for Licensure Distinguish among the federal and state laws and administrative rules important to real estate; Distinguish among the three license categories; Page 1 6/17/2020 1 Describe license application requirements; Describe nonresident application requirements and explain mutual recognition agreements; Identify the qualifications for a sales associate license; Describe the education requirements for post-license education and continuing education; Identify the qualifications for a broker license; Distinguish between registration and licensure; and Identify real estate services that require a real estate license and exemptions for licensure. Key Terms: broker license real estate services broker associate mutual recognition agreement reciprocity compensation nolo contendere/no contest registration expungement owner-developer sales associate Florida resident prima facie evidence sealed withhold adjudication Unit 3: Real Estate License Law and Commission Rules Describe the scope and function of the DBPR and the DRE Describe the composition and member qualifications of the Florida Real Estate Commission (FREC) Describe the Commission’s general powers and duties; Distinguish between active/inactive license status, describe regulations of involuntary inactive status; and Distinguish between multiple and group licenses. Key Terms: active license executive probation cancel group license promulgates cease to be in force involuntary active quasi-judicial current mailing address ministerial duties quasi-legislative current status multiple license voluntary inactive null and void voluntary relinquish Unit 4: Authorized Relationships, Duties and Disclosure Distinguish among agency relationships in general business dealings; Describe which legal provisions apply only to residential real estate transactions; Describe the duties owed in a transaction broker relationship; Describe the duties that single agents have to their principals; Describe the duties owed in a no brokerage relationship (nonrepresentation); Describe the disclosure procedures and the required content and format of the disclosure notices; Describe the process of transition from a single agent to a transaction broker; Describe the disclosure requirements for nonresidential transactions when buyer and seller have assets of $1 million or more; and List the events that will cause a brokerage relationship to be terminated. Key Terms: Page 2 6/17/2020 1 administrative law designated sales associate principle agent dual agency residential sale at arm’s length fiduciary single agent caveat emptor general agent special agent common law limited representation statutory law consent to transition no brokerage relationship subagent customer nonrepresentation transaction broker Unit 5: Real Estate Brokerage Activities and Procedures Identify the requirements for a broker’s office(s) and explain what determines whether a temporary shelter must be registered as a branch office; List the requirements related to sign regulation; List the requirements related to the regulation of advertising by real estate brokers; Explain the term immediately as it applies to earnest money deposits; Describe the four settlement procedures available to a broker who has received conflicting demands or who has a good-faith doubts to who is entitled to disputed funds; Explain the rule regarding the advertisement of rental property information or lists or negotiation of rentals; Describe the obligations placed on a sales associate who changes employers and/or address; and Contrast the features of the various types of business organizations. Key Terms: antitrust laws escrow disbursement order (EDO) market allocation arbitration general partnership mediation blind advertisement good-faith doubt ostensible partnership commingle immediately personal assistant conflicting demands interpleader point of contact information corporation kickback price-fixing declaratory judgement limited liability company (LLC) professional association (PA) deposit limited liability partnership (LLP) sole proprietorship earnest money limited partnership telephone solicitation escrow account litigation trade name trust funds Unit 6: Violations of License Law, Penalties and Procedures Distinguish among the legal terms presented in this unit; Explain the procedures involved in the reporting of violations, the elements of a valid complaint, and the investigations of complaints; Describe the composition of the probable-cause panel; Describe the hearing process; Recognize events that would cause a license application to be denied; Distinguish among the various violations and administrative penalties; Distinguish among the various penalties that may be issued by a court of law; and Explain the provisions of the Real Estate Recover Fund. Page 3 6/17/2020 1 Key Terms: breach of trust failure to account for and deliver moral turpitude citation final order notice of noncompliance commingle formal (administrative) complaint probable cause complaint formal hearing recommended order concealment fraud stipulation conversion informal hearing subpoena culpable negligence legally sufficient summary (emergency) Division of Administrative material fact suspension order Hearings (DOAH) misrepresentation voluntary relinquishment for permanent revocation Unit 7: Federal and State Laws Pertaining to Real Estate Describe the features of the Civil Rights Acts of 1866, 1964, and 1968 and explain the significance of the Jones v. Mayer court case; List the property exempt from the 1968 Fair Housing Act and describe the types of discriminatory acts that are prohibited under the Fair Housing Act; Describe the objectives and major provisions of the Americans with Disabilities Act; Describe the major provisions of the Interstate Land Sales Full Disclosure Act; and Describe the provisions of the Florida Residential Landlord and Tenant Act. Key Terms: blockbusting familial status public accommodations Civil Rights Act of 1866 handicap status redlining Fair Housing Act property report steering Unit 8: Property Rights: Estates and Tenancies; Condominiums, Cooperatives, Community Development Districts, Homeowner Associations, and Time-Sharing Define real property based on the definition in Chapter 475, F.S, and explain the physical components of real property; Distinguish between real and personal property and explain the four tests courts use to determine if an item is a fixture; Describe the bundle of legal rights associated with real