Monday, February 23, 2015

JUST DO IT ANYWAY BUT FOLLOW THE RULES

Real estate regulations: when you pass the exam your initial licensing period starts and expires either march 31 or September 30, the reason being within 24 months is given but not exceeded when given the license to practice real estate. You must get at least 18 months of practice but not more than 24. Then, you have to renew your license. So, if I get my license July 25, 2013 then my expiration date will be... 24 months after July 25 2013, is 2015.... over 18 months going to be March 31, 20whatever. "March comes before July, so the expiration date closest to July 25, 2015, but not past July 25 must be March 31, 2015. (September 30, 2015, is after July 25, 2015.) March is four months prior to July, so this licensee will have approximately 20 months of licensure (24 months minus 4 months). Thereafter, this license will always expire every two years (biennially) on March 31." 9/30 and 3/31. Your effective date changes to broker when you get a broker license. So if sales associate expired biennially on March 31, then your broker license might fall into the September 30. Renewing the license: You get an expiration notice in the mail from the DBPR. You'll either get it in the mail or in the email, which is why it's important to keep your record up to date. Complete your post license courses before first renewal. After post education is renewed, license renewal issued then 14 hours course work needed and approved. To renew, you must submit a renewal application and pay a biennial fee. A licensee active in the Armed Forces is exempt from renewal provisions during active duty and 6 months after. Also, your spouse gets it too. If you are gone, she is exempt. If you just got back, you have 6 months. It applies only if you're not brokering. A spouse from out of town married to an active duty can get temporary license in FL which lasts for 6 months and can't be renewed.

LICENSE CLASSIFICATIONS
There are various license classifications.
A vs NA. Active license is required to practice real estate AND gain a commission. Active license required to engage in brokerage services.

active license

The status required to engage in real estate services. Sales associates achieve active status by finding an employer and registering with the DBPR under the employing broker or owner-developer. To be active you must find an employer like a broker or owner developer and work for 24 months, then apply for the brokerage license. And registering DBPR. Licensees who choose not to find an employer get an inactive status. You must maintain your license to keep it. You can either voluntarily give it up or involuntarily give it up. One is chosen, one is forced. VOLUNTARY: meaning you are inactive because of request for a given amount of time.

voluntary inactive


The license status that results when a licensee has applied to the DBPR to be placed on inactive status. To turn your inactive into active as you requested you can submit a form to the DBPR. (maybe you don't want to pay your fees?) Then you have to request an active license with a broker or developer. Continuing education and paid fees have to be recorded before activation. An unrenewed license turns involuntary inactive after the activation has passed, unless you are first getting your license and don't pass the post licensing tests. Involuntary inactive goes into play when the licensee fails to renew the license in the renewal period.

involuntary inactive


The status that results when a license is not renewed at the end of the license period. In an involuntary inactive license after 2 years the license becomes expired. The licensee must complete continuing education and renew the license. The DBPR will notify 90 days prior. Once a license becomes void, the 63 hour ed kloper course must be re-completed, and the state exam must be re-passed. This FREC test must be within 2 years. If license inactive for less than 12 months (including 12 months) you may get your license back by completing 14 hours of continuing education. If license is inactive for more than 12 months but less than 24 months license required to complete a 28 hour commission education course. If a broker's license is suspended or revoked the sales associate license will be involuntary inactive status because sales associate cannot practice without broker, just like cannot be compensated for real estate without under a broker or an owner developer. As soon as a new employer is on board, the information is filed with the DBPR and the license is back to active.

A license can become null and void, and no longer exist.


null and void

The license status when a sales associate has failed to successfully complete post license education prior to the first renewal of the license or when a licensee has failed to renew two or more renewal cycles; the license status has been involuntary inactive for more than 24 months.
Licenses become null and void when:
License has been involuntary inactive for more than 2 years. The DBPR and FREC will just forget all about you. A license is revoked following a disciplinary hearing. Revocation is a permanent penalty and license is put out of real estate forever. There are two exceptions for permanent revocation: a sales associate license may be applied for after 5 years. A licensee filed for renewal but did not comply with continuing or post education requirements prior to education date. Or the licensee filed with fraudulent information. A person wishing to no longer participate in real estate can voluntarily relinquish the license: 

voluntarily relinquish


The licensee requests that the DBPR cancel the license. The DBPR will accept a licensee's request to voluntary relinquish a license, provided there is no investigation or discipline pending against the licensee. The licensee sends written communication to the DBPR indicating that the licensee is retiring or no longer desires to be licensed. that is so your license is not involuntarily inactive or revoked. A licensee decides to cancel

cancel


A license ceases to exist, effective as of the date approved by the Commission, and does not involve disciplinary action. -- you cannot go around the DBPR and cancel your license if the DBPR is already investigating you and brought up revoking your license in the first place. A license is cancelled once the note of voluntary relinquishment has been received.

All my notes were lost, that's fine. Just look back at the key points at the end of unit. An ineffective license exists but cannot be used. Ineffective (unsuccessful). Here how a license can become ineffective: get licensed but then requests voluntary inactive (ineffective). No renewal -- involuntary inactive -- ineffective. Broker suspended or revoked, associate ineffective. Void/revoke. Suspend/ineffective. Discipline turns into suspension -- ineffective. Cease to be in force:

cease to be in force

When certain events occur, such as a broker changing a business address, the licensee cannot conduct business until the DBPR receives notification of the change. (Also, cease to be in effect.)... cease: come to an end... Sales associate changes brokers, in between license ceases to be in force and real estate cannot be practiced. Once new registration DBPR and new employer, license active. 10 days to notify commission if change of address, pay a fee to move, frec approval, dbpr approval, associate or instructor changes employer. dbpr and frec tell you who you can work for. frec disciplines you if you pass 10 days of notification. Failure to notify results in involuntary inactive and you can't practice. You can't practice unless under a broker as a sales associate and you can't practice unless approved by DBPR and FREC.
License portal online service: DBPR database of all licensees and as primary status and secondary status: chief importance, coming after, less important than. Such as current/active. Current up to date (timely renewal). Active: allowed to operate. 
You can conduct a license search to see status of license. Check status with broker all the time. A status can say probation/active. Prob: release of offender from detention, subject to period of good behavior under supervision. Department can place on probation. Prob/active means disciplined but can still practice. Current and probation are the only two meaning allowed to operate. Status can be involuntary active/inactive. Inactive would mean not timely renewal. Secondary is not automatically changed (working by itself with little human control)... it is manually updated. Look at primary (current or probation) first, then secondary. If involuntary inactive is primary then cannot operate.  Status can be null and void. Null and void can be primary and license was not renewed. Involuntary inactive is over 24 months no attention then null and void. Another application would have to be made. Secondary is gone when you see null and void. There is no link to the database. 
You can update the status online in 2 ways, inactive to active means you find work, then broker adds associate to roster in web portal. current/inactive will change to current/active. when broker changes status in portal person associated changes too. or you can go to the dbpr processing unit re-11, licensee and broker have to sign, there is an internal licensing system inside the system. 

https://www.myfloridalicense.com/wl11.asp L licensee search

name, license number, city or license type.

multiple licenses are issued to a broker holding more than 1 license. a broker can hold more than 1 broker license. only if harm is not caused to anyone. associate can have only 1 broker at a time. sales associate and broker associate cannot hold more than 1 license. ohh, multiple broker license (business license) means amanda's brokerage and panda's brokerage.

a sales associate and broker associate can get a group license.



group license

Issued to a sales associate or broker associate employed by an owner-developer (real estate developer) who owns properties in the name of various entities. A group license entitles the licensee to work for the separate sales projects owned by the owner-developer. if an owner-developer owns with a sales or broker associate a group license can be issued. owner-developer sends written statement to dbpr with all names owned, and the sales associate can sell for all the entities.  owner no need for license if only selling own property. developer get s a pseudo number not a license number. pseudo: not genuine; sham. the associates register under the developer pseudo number. the dbpr re-11 completes the group license by owner-developer and associates. associate name and license number, then owner name, pseudo number, and business address. associate doesn't carry a group license over anywhere. sales associate can have an employer and a license. 

you must register and receive a permit to teach real estate. college classes do not receive a permit but have to correspond to the frec material. frec has to approve the college courses or the student is not exempt from course 1 and course 2 and is never exempt from the state exam.

"Proprietary schools of real estate are prohibited from advertising or making representations that are known to be false, inaccurate, misleading, or exaggerated. The content of advertisements must conform to specified guidelines. A proprietary real estate school may not promise or guarantee employment or placement of a student or prospective student on the basis of training to be provided unless the school actually offers the student a bona fide employment contract." a school's permit can be suspended for lying and:
read at the beginning of each course, the following statement: "Recruiting for employment opportunities for any real estate brokerage firm must be accomplished outside the prescribed classroom instructional time. Noncompliance should be reported to the Commission." lol "
A school permit may be suspended for:
  • guaranteeing that students will pass a state examination;
  • offering a refund to students who fail;
  • representing that a state agency endorses the school;
  • obtaining a list of questions that appear on any state examination;
  • representing that the school or an instructor has obtained questions from such an examination; or
  • furnishing anyone, student or otherwise, questions purported to be from a state examination."
A proprietary real estate school may guarantee employment of a student or prospective student on the basis of training to be provided so long as the school offers the student a bona fide employment contract. Get that right.

 

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