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The 3 big No-Nos• 1.TRUST ACCOUNT PROBLEMS
• 2. LACK OF BIC SUPERVISION
• 3. MISREPRESENTATIONS/OMISSIONS
Why is a debit card not a good idea?• - no audit trail or proof of purchase
• - it’s easier to forget to record the withdrawal than to forget to record a check written while sitting in the office
Why is a debit card not a good idea?• - no audit trail or proof of purchase
• - it’s easier to forget to record the withdrawal than to forget to record a check written while sitting in the office
•- TEMPTATION
Rule A.0110:• A BIC is responsible for:
(1) the retention of current license renewal pocket cards by all brokers employed at the office for which he or she is broker-in-charge; the proper display of licenses at such office…
Rule A.0110:• A BIC is responsible for:…• (2) the proper notification to the Commission of any
change of business address or trade name of the firm and the registration of any assumed business name adopted by the firm for its use;
Rule A.0110:• A BIC is responsible for:…• (3) the proper conduct of advertising by or in the name
of the firm at such office;
Rule A.0110:• A BIC is responsible for:…• (4) the proper maintenance of the trust or escrow
account and records pertaining thereto;
Rule A.0110:• A BIC is responsible for:…• (5) the proper retention and maintenance of
transaction records;
Rule A.0110:• A BIC is responsible for:…• (7) the proper supervision of all brokers employed at
the office for which he or she is broker-in-charge with respect to adherence to agency agreement and disclosure requirements.
Recent Cases• - The BIC who allowed the provisional broker to handle
the “property management side” – active one year suspension
• - The BIC who allowed the provisional broker to handle the “property management side” leading to a $100,000 TA shortage - revocation
• the “failure to reconcile” trust account cases ranging - from reprimand to revocation depending on severity and extent of loss
Recent Cases• The “Ghost Broker”
• this person may be last seen filling out the BIC designation
• Also shows up to collect his or her paycheck
What’s a Material Fact?
• Facts about the property itself. Leaky Roof?
• Facts relating to the area around the property. Highway Coming?
• Facts relating to a party’s ability to close. Title Defect?
• Facts known to be
important to a party. Planning a Pool?
Types of Misrepresentation
1. Willful Misrepresentation
2. Negligent Misrepresentation
3. Willful Omission
4. Negligent Omission
5. False Promise