Ch 3 Quiz - New York Real Estate Salesperson

In the case studies, the Department of State is always which party?

• Complainant
• Licensee
• Respondent
• Attorney general

Which of the following statements is TRUE?

• Proof of a voluntary, intentional breach of a known, legal duty is required to verify a violation of the license law.
• A real estate broker's reliance on information by a multiple listing service is acceptable as a reasonable defense for the broker's failure to obey a licensing law.
• A real estate broker is presumed to know the law governing the regulated real estate activities in which he or she is engaged.
• A real estate broker's unawareness of a provision of licensing law excuses the broker's violation of any provision of that law.

The Department of State may take any of these actions against a licensee in violation of the license law except?

• Suspension
• Revocation
• Fine
• Imprisonment

What is a broker guilty of if he or she employs a salesperson who is not properly licensed?

• Misrepresentation
• Fraud
• Felony
• Misdemeanor

In the case studies, the person and/or firm against whom the complaint was filed is always which party?

• Complainant
• Licensee
• Respondent
• Attorney general

What is the penalty for conviction of a misdemeanor?

• $1,000 fine only
• One year in prison only
• Either fine, imprisonment or both
• $5,000 fine

Why is entering into a net listing contract a violation of license law for salespersons?

• Net listings require a different type of licensure.
• Only sponsoring brokers may enter into net listings.
• Net listings are illegal in New York.
• There is no such thing as a net listing.

Which of these activities is prohibited for an unlicensed assistant?

• Hold an open house.
• Place a classified ad.
• Compute commission checks.
• Submit listing to the MLS.

The section of a hearing decision that describes what the respondent may have done is called what?

• The determination
• The complaint
• The opinion
• The findings

In the hearing decision the licensee being charged with a violation is always which party?

• The complainant
• The commingler
• The respondent
• The attorney general