Which of the following activities is considered a prohibited business practice by a broker

Which of the following activities is considered a prohibited business practice by a broker

1. Which of the following is NOT a settlement service that is covered by RESPA?
Which of the following activities is considered a prohibited business practice by a broker

Which of the following activities is considered a prohibited business practice by a broker
You chose not to answer this question.
Correct Answer: Furniture moving

Settlement services relate to the making of the federally-related mortgages that are covered under RESPA. Services that are provided after closing typically are not covered by RESPA and are not considered settlement services.
Which of the following activities is considered a prohibited business practice by a broker


2. Under RESPA, a real estate professional may give in return for the referral of real estate settlement service business:
Which of the following activities is considered a prohibited business practice by a broker

Which of the following activities is considered a prohibited business practice by a broker
You chose not to answer this question.
Correct Answer: A thank you

RESPA prohibits any person from giving or receiving a fee, kickback, or “a thing of value” for referring business to a mortgage broker or banker, or a title company. Saying thank you is not considered a thing of value for purposes of the Act.
Which of the following activities is considered a prohibited business practice by a broker


3. To provide consumers with cost information about the mortgage process, RESPA created the good faith estimate (GFE) and the HUD-1 closing document. RESPA requires that the HUD-1 form be provided to the:
Which of the following activities is considered a prohibited business practice by a broker
Which of the following activities is considered a prohibited business practice by a broker
Which of the following activities is considered a prohibited business practice by a broker

Which of the following activities is considered a prohibited business practice by a broker
You chose not to answer this question.
Correct Answer: Buyer

The person conducting the settlement needs to make the HUD-1 form available for inspection to the buyer (borrower) at or before settlement. The Act does not require that copies be provided to real estate professionals.
Which of the following activities is considered a prohibited business practice by a broker


4. Substantially revised versions of the GFE and HUD-1 took effect at the beginning of 2010. Among other things, HUD's goal was to reduce surprises to consumers at the closing table by restricting how much some costs could change between the GFE and the HUD-1. What is included among the costs that are allowed to change?
Which of the following activities is considered a prohibited business practice by a broker

Which of the following activities is considered a prohibited business practice by a broker
You chose not to answer this question.
Correct Answer: Title insurance

On the GFE, HUD identifies four charges that cannot change at all. These are 1.) the lender's origination charge, 2.) the credit charges (points) for the specific interest rate chosen (after the interest rate is locked in), 3.) the borrower's adjusted origination charges (after the interest rate is locked in), and 4.) transfer taxes. Title insurance costs can change up to 10 percent if the lender selects the insurer or the borrower chooses an insurer from a list provided by the lender, or they can change an unlimited amount if the borrower selects the insurer completely separate from the lender.
Which of the following activities is considered a prohibited business practice by a broker


5. In addition to reducing consumer surprises at the closing table, the revised GFE and HUD-1 are intended to make comparison shopping easier for consumers. To do that, the GFE lets consumers look at a proposed loan under all but one of these different scenarios:
Which of the following activities is considered a prohibited business practice by a broker
Which of the following activities is considered a prohibited business practice by a broker
Which of the following activities is considered a prohibited business practice by a broker
Which of the following activities is considered a prohibited business practice by a broker
Which of the following activities is considered a prohibited business practice by a broker
You chose not to answer this question.
Correct Answer: The loan with different underwriting terms

The GFE is intended to ease comparisons among costs (interest rate, brokerage fees, etc.) associated with a loan, not comparisons among different underwriting terms such as the loan-to-value ratio and length of the term.
Which of the following activities is considered a prohibited business practice by a broker


6. To combat higher costs in real estate transactions, Section 8 of RESPA makes it a criminal act for settlement service providers to pay fees for the referral of business. One exception to this rule allows a real estate professional to pay a referral fee to:
Which of the following activities is considered a prohibited business practice by a broker
Which of the following activities is considered a prohibited business practice by a broker
Which of the following activities is considered a prohibited business practice by a broker

Which of the following activities is considered a prohibited business practice by a broker
You chose not to answer this question.
Correct Answer: Another licensed real estate broker who refers a buyer from another part of the country

Section 8(c) of RESPA includes an exception to the general prohibition on the payment of referral fees for payments pursuant to cooperative brokerage and referral arrangements or agreements between real estate salespeople and brokers.
Which of the following activities is considered a prohibited business practice by a broker


7 . Another exception to the RESPA rules contained in Section 8 allows real estate professionals to receive compensation for:
Which of the following activities is considered a prohibited business practice by a broker
Which of the following activities is considered a prohibited business practice by a broker
Which of the following activities is considered a prohibited business practice by a broker

Which of the following activities is considered a prohibited business practice by a broker
You chose not to answer this question.
Correct Answer: The reasonable value of goods and services actually provided or performed

Section 8(c) of RESPA states that nothing in the section prohibiting the payment of referral fees shall be construed as prohibiting the payment to any person of a bona fide salary or compensation or other payment for goods or facilities actually furnished or for services actually performed.
Which of the following activities is considered a prohibited business practice by a broker


8 . RESPA allows title companies to provide real estate professionals:
Which of the following activities is considered a prohibited business practice by a broker
Which of the following activities is considered a prohibited business practice by a broker
Which of the following activities is considered a prohibited business practice by a broker

Which of the following activities is considered a prohibited business practice by a broker
You chose not to answer this question.
Correct Answer: Notepads that have been imprinted with the title company’s name and phone number

The RESPA provision prohibiting the payment of a referral fee does not include normal educational and marketing activities that are not contingent on the referral of business. Since the notepads were not contingent on the referral of business and are typical marketing materials for a title company, they are not prohibited.
Which of the following activities is considered a prohibited business practice by a broker


9 . Two companies that provide settlement services and have some degree of common ownership are considered affiliated businesses under RESPA. When there is a referral from one of these companies to the other, RESPA requires the customer receive an affiliated business disclosure that contains specific information, including:
Which of the following activities is considered a prohibited business practice by a broker
Which of the following activities is considered a prohibited business practice by a broker
Which of the following activities is considered a prohibited business practice by a broker

Which of the following activities is considered a prohibited business practice by a broker
You chose not to answer this question.
Correct Answer: A statement that use of referred service is not required

The disclosure must state the existence of an affiliated business arrangement between you and the company to which you are referring your clients. As part of the disclosure, your clients must be provided a written estimate of the charge or range of charges made by the company to which the clients are being referred and information that makes clear that your clients are not required to use that company.
Which of the following activities is considered a prohibited business practice by a broker


10. The affiliated business provision, which is an exception to the general RESPA rule regarding compensation for referrals, allows:
Which of the following activities is considered a prohibited business practice by a broker
Which of the following activities is considered a prohibited business practice by a broker
Which of the following activities is considered a prohibited business practice by a broker

Which of the following activities is considered a prohibited business practice by a broker
You chose not to answer this question.
Correct Answer: The party making the referral to receive a return on its ownership interest in the company receiving the referral

The only thing of value that can be received from an affiliated business arrangement, other than the payments permitted under other subsections of Section 8 of the Act, is a return on the ownership interest.
Which of the following activities is considered a prohibited business practice by a broker


11. RESPA is interpreted and enforced by the:
Which of the following activities is considered a prohibited business practice by a broker
Which of the following activities is considered a prohibited business practice by a broker
Which of the following activities is considered a prohibited business practice by a broker

Which of the following activities is considered a prohibited business practice by a broker
You chose not to answer this question.
Correct Answer: U.S. Department of Housing and Urban Development

The Act vests the HUD Secretary with the authority to interpret the Act, conduct investigations into violations, and bring actions for violations of the Act. Parties other than the HUD Secretary, such as customers, also may be authorized to sue for violations of certain provisions of the Act.
Which of the following activities is considered a prohibited business practice by a broker

Which of the following activities is considered a prohibited business practice by a broker


12. The penalty for illegally giving or receiving a kickback, which is covered in Section 8 of RESPA, is:
Which of the following activities is considered a prohibited business practice by a broker
Which of the following activities is considered a prohibited business practice by a broker
Which of the following activities is considered a prohibited business practice by a broker

Which of the following activities is considered a prohibited business practice by a broker
You chose not to answer this question.
Correct Answer: A fine of up to $10,000 or up to one year in prison or both

Penalties for violation of Section 8 of the Act may include a fine of up to $10,000 or up to one year in prison, or both.
Which of the following activities is considered a prohibited business practice by a broker


Which of the following activities is considered a prohibited business practice by a broker

Which of the following activities is considered a prohibited business practice by a broker
Which of the following activities is considered a prohibited business practice by a broker
Which of the following activities is considered a prohibited business practice by a broker

Which action is a prohibited practice under the Uniform Securities Act?

Under the Uniform Securities Act, which of the following are prohibited actions of an investment adviser? The USA prohibits an investment adviser from acting as principal or agent in a transaction with an advisory client without approval prior to completion (settlement) of the trade.

Which of the following activities by an agent of a broker

Which of the following activities by an agent of a broker-dealer would be unethical according to the Uniform Securities Act? Unless the client's spouse has authorization to execute transactions in the account(s), executing orders on such authority is unethical.

Who is excluded from the definition of a broker

The Uniform Securities Act (USA) explicitly names three persons that are consistently excluded from the definition of a broker-dealer: Agents. Issuers. Banks, savings institutions, and trust companies.

In which two of the following situations would an investment adviser be required to file the appropriate audited financial statements with a state administrator?

An investment adviser must provide an audited balance sheet to a client in two instances: (1) if the adviser has custody of client funds and securities or (2) the adviser receives prepaid fees of more than $500, six months or more in advance.