EstatePass
All Topics10% of Exam

Practice of Real Estate

Brokerage operations, advertising, and professional conduct

200 questions10 concepts
Practice of Real Estate — Study Card
Practice of Real Estate study card infographic showing key concepts, exam weight (10%), and memory aids
AI-generated study card for Practice of Real Estate. Covers 10% of the real estate exam.
Difficulty Breakdown
Easy100 (50%)
Medium66 (33%)
Hard34 (17%)
Study Tips for Practice
  • Memorize ALL 7 federal protected classes: Race, Color, Religion, Sex, National Origin, Familial Status, Disability
  • Know prohibited practices: Steering, Blockbusting, Redlining, Discriminatory advertising
  • Commingling = mixing funds; Conversion = using client funds (both prohibited)
  • Anti-trust per se violations: Price fixing, Market allocation, Boycotting, Tie-in agreements

Key Concepts

Escrow Account Management

Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.

Record Keeping Requirements

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

Commingling and Conversion

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

FREC Disciplinary Authority

FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.

License Requirements

License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.

Continuing Education

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

Broker Supervision

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

Trust Account / Escrow Account

A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.

Commingling and Conversion

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Independent Contractor vs Employee

In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.

Practice Questions

Advertising_regulations(20)

A mortgage ad states 'Only 5% down and payments from $1,950 per month.' Which advertising concept explains why extra federal credit disclosures are now required?

EASY

A sales team uses a team name in social media ads, but the ad still must clearly identify the supervising brokerage as required. What advertising concept is involved?

EASY

An agent tells a seller that the listing ad will say 'Won't last long -- priced below market!' The seller asks whether this constitutes illegal advertising. What is the BEST answer?

MEDIUM

A licensee runs a Facebook ad that says 'Charming 3-bedroom home, great schools nearby.' No credit terms or brokerage name appears. Which advertising issue is MOST clearly present?

MEDIUM

An agent describes a property in an ad as 'the best home in the city with guaranteed appreciation.' The first part of that statement is opinion, while the second part is a factual claim. Which advertising concept distinguishes between the two?

EASY

Which term best matches the following definition? Specific advertising terms, such as the amount of down payment or payment size, that trigger additional credit disclosures in mortgage advertising.

HARD

A new agent creates a social media post about a listing but only includes the agent's personal name without mentioning the brokerage. A colleague warns that the post could violate advertising rules. Why is the colleague concerned?

EASY

Which item is NOT generally acceptable in a real-estate ad if it creates a misleading impression about who is advertising?

HARD

All of the following can trigger extra federal credit-ad disclosures EXCEPT

HARD

A mortgage ad includes a monthly payment amount. What disclosure must the advertiser generally be prepared to add under federal credit-ad rules?

EASY

All of the following are advertising-regulation concepts EXCEPT

HARD

A broker's ad states that a property has '4 bedrooms and a newly renovated kitchen.' In reality, the kitchen renovation was cosmetic paint only and the plumbing and electrical remain original. This ad MOST likely violates which advertising principle?

HARD

Which term best matches the following definition? Advertising by a sales team that must still include any brokerage identification required by law.

MEDIUM

A mortgage lender's newspaper ad reads 'Low interest rates available!' without mentioning any specific rate, payment amount, or down payment. Does this ad trigger Regulation Z disclosure requirements?

MEDIUM

A broker's website advertisement for a residential property states '3.5% down, 360 monthly payments of $1,875.' Under Regulation Z, what additional disclosure is now triggered?

EASY

A lender advertises '0% down payment on VA loans.' Because this ad names a specific down-payment amount, which Regulation Z requirement is triggered?

HARD

A broker advertises a property and states that the seller will pay $5,000 toward the buyer's closing costs. The ad also includes the monthly payment amount. Under Regulation Z, the broker must now also include which of the following?

MEDIUM

A real estate team called 'The Premier Group' places an Instagram ad for a listing. The ad shows the team name and logo but does not mention the brokerage with which the team is affiliated. Which advertising violation has occurred?

HARD

A broker prepares an online ad for a listing and makes sure the ad is accurate, not deceptive, and properly identifies the brokerage. What principle is the broker following?

EASY

A licensee posts an online listing ad but leaves out the brokerage name and gives the impression the property is for sale by owner. What kind of ad is this?

EASY

Antitrust(20)

An MLS requires all participating brokers to offer a minimum cooperating broker compensation of 2.5% or the listing will not be accepted into the system. What antitrust concern does this policy raise?

HARD

Two brokerages agree that one will take only the north side of town and the other will take only the south side. What antitrust violation is this?

EASY

At a local real estate association meeting, two competing brokers discuss how they each independently set their commission rates. One broker mentions a 5% rate and the other charges 6%. Neither agrees to match the other's rate. Has an antitrust violation occurred?

EASY

Several competing brokers agree that none of them will charge less than 6% on residential listings. What antitrust violation does this describe?

EASY

Two competing brokerages agree that each will refer commercial clients to the other and neither will compete for the other's commercial customers. What is this an example of?

HARD

Which practice is NOT a lawful way for competitors to handle commission decisions?

HARD

Three brokerages in a metropolitan area agree that Firm A will handle only commercial properties, Firm B will handle only residential, and Firm C will handle only land. What antitrust violation does this arrangement describe?

EASY

A seller asks a broker why the commission is 6%. The broker replies, 'That is the standard rate everyone charges in this area.' What potential antitrust concern does this statement raise?

EASY

Brokers from several firms informally agree over dinner that they will no longer offer buyer rebates in their market. What type of antitrust violation is this?

MEDIUM

All of the following are classic antitrust violations in real estate brokerage EXCEPT

HARD

A brokerage requires all its buyers to use the firm's affiliated title company as a condition of representation. No other title company may be used. What antitrust concern does this raise?

EASY

A broker tells a seller that the property will be listed only if the seller also agrees to use the broker's affiliated moving company. What antitrust issue is raised?

EASY

Several established brokerages agree among themselves to refuse any cooperation with a newly opened flat-fee listing service. What antitrust violation has occurred?

EASY

Which term best matches the following definition? An antitrust violation in which competitors agree not to deal with a particular person or business.

HARD

A property management company requires all tenants to purchase renter's insurance through the company's own affiliated insurance agency. What antitrust issue could this create?

MEDIUM

In a brokerage workshop in Charlotte, a case study involving Cameron Lopez and Skyler Simmons matches the following definition: An antitrust violation in which competitors agree not to deal with a particular person or business. Which term best fits the case study?

MEDIUM

The Sherman Antitrust Act provides for which type of damages when a violation is proven in a private lawsuit?

HARD

A broker tells a prospective seller, 'Our commission is 6%, and it's fully negotiable -- that's the rate our brokerage has chosen independently.' Which statement BEST describes why this approach is acceptable under antitrust law?

MEDIUM

A group of brokers at a conference complain about a new online brokerage that offers deeply discounted commission rates. They agree among themselves that none of their firms will show that online brokerage's listings. What is the MOST serious antitrust violation?

HARD

Several brokerages agree not to show listings offered by a discount firm in order to pressure it to raise prices. What antitrust violation does this describe?

EASY

Brokerage_operations(20)

A supervising broker discovers that an agent has been collecting commission checks directly from clients instead of routing them through the brokerage. What is the primary concern?

HARD

A broker asks whether a certain action might be legal but still violate the profession's standards of honesty and fair dealing. What body of rules is the broker asking about?

EASY

A brokerage's policy manual requires all agents to follow the company's code of conduct, which sets ethical standards above the minimum legal requirements. An agent objects, claiming only the law matters. What is the BEST response?

HARD

A brokerage requires set office hours, closely directs the worker's daily tasks, and pays a salary through payroll withholding. What status best describes that worker?

EASY

A broker has an existing business relationship with a past client. The broker calls the past client to discuss a new listing, even though the client's number is on the National Do Not Call Registry. Is this call permitted?

MEDIUM

Two agents from different brokerages both claim to be the procuring cause of a sale. What factor is MOST important in determining which agent is the procuring cause?

EASY

A licensee sets their own hours, pays their own expenses, and receives compensation based on production rather than a salary. For tax purposes, the IRS requires a written agreement confirming the licensee will not be treated as an employee. What classification does this describe?

EASY

Which term best matches the following definition? The compensation paid to a property manager, often calculated as a percentage of collected rent or as a flat fee.

MEDIUM

A broker receives a $5,000 earnest money deposit from a buyer. Where must the broker deposit these funds?

EASY

A property management firm is hired to manage a 50-unit apartment building. The management agreement specifies compensation of 8% of collected rents plus a flat $500 monthly administrative fee. What type of compensation is this?

MEDIUM

Which item is NOT a common compliance issue in brokerage marketing or communications?

HARD

A brokerage sends a mass email marketing campaign promoting new listings but does not include a physical mailing address or an unsubscribe option. Which federal law has the brokerage violated?

MEDIUM

A property sells for $275,000 at a commission rate of 5.5%. What is the total commission?

HARD

A broker mixes a small amount of personal funds into the trust account to keep it from falling below the minimum bank balance requirement. What violation, if any, has occurred?

HARD

All of the following are brokerage-operations concepts EXCEPT

HARD

Which term best matches the following definition? The broker whose efforts set in motion an uninterrupted chain of events leading to the completed transaction.

MEDIUM

A broker is building a prospecting plan and wants to avoid calling consumers whose numbers are on the federal registry for unsolicited sales calls. Which rule is relevant?

EASY

A brokerage sends promotional emails and must include a functioning unsubscribe method and accurate header information. Which federal law governs those requirements?

EASY

A property sells for $260,000 with a 6% commission split equally between the listing broker and the selling broker. The listing agent receives 55% of the listing broker's share. How much does the listing agent earn?

HARD

A broker deposits a tenant's security deposit into the brokerage's general operating account and uses some of the funds to pay office rent. What violation has occurred?

MEDIUM

Fair_housing(20)

A real estate agent learns that a buyer is Muslim and then avoids showing properties near churches, assuming the buyer would not want to live there. This conduct MOST likely violates the Fair Housing Act on the basis of what protected class?

MEDIUM

A broker tells homeowners they should sell quickly because members of a minority group are moving into the area and property values will supposedly fall. What illegal practice is this?

MEDIUM

All of the following are fair-housing concepts or violations EXCEPT

HARD

A housing complex is advertised as '55 and older community.' Under the Fair Housing Act, this community MAY legally exclude families with children if it meets which requirement?

MEDIUM

A homeowner's association forbids the installation of a wheelchair ramp at the front entrance of a condominium unit. The unit owner has a mobility disability. Under the Fair Housing Act, the HOA is MOST likely required to allow the ramp as what?

EASY

A property owner who lives in a single-family home and sells it without using a broker or discriminatory advertising claims the transaction is exempt from the Fair Housing Act. Which statement is MOST accurate?

HARD

Which item is NOT a protected-class issue under the federal Fair Housing Act?

HARD

A complaint is filed with HUD alleging a fair housing violation. HUD investigates and finds reasonable cause. If the parties do not settle, what happens next?

HARD

Which term best matches the following definition? The fair-housing protection that generally prohibits discrimination against households with children under 18 or people securing custody of such children.

HARD

A tenant with a visual impairment requests that the landlord allow an emotional support animal in a no-pets building. Under fair housing law, this request is BEST described as a request for what?

EASY

A lender or insurer avoids doing business in a neighborhood primarily because of the residents' protected characteristics rather than legitimate risk factors. What unfair-housing-related practice is this?

EASY

A broker is training new agents on the federal law that bans discrimination in housing based on race, color, religion, sex, disability, familial status, and national origin. Which law is being discussed?

EASY

A tenant who uses a wheelchair asks to install a ramp at the entry to a rental house. What fair-housing concept most directly applies?

EASY

An agent only shows listings in predominantly Hispanic neighborhoods to Hispanic buyers, believing they will be 'more comfortable' there. What fair housing violation is this?

EASY

A licensee shows families with children only homes in one part of town because the agent thinks those neighborhoods are 'better for kids.' What fair-housing violation does this describe?

EASY

A landlord refuses to rent an apartment to a couple because they have a 3-year-old child. The building is a standard 20-unit complex, not a qualifying senior-housing community. Which protected class has the landlord discriminated against?

EASY

An insurance company charges higher premiums for homeowner's insurance in certain ZIP codes that have predominantly minority populations, even though the actual risk factors do not justify the higher rates. What unlawful practice does this describe?

MEDIUM

A landlord tells a tenant with a hearing impairment that an assistive doorbell system cannot be installed because it would alter the property. The tenant offers to pay for the installation and restore the property upon move-out. Under fair housing law, the landlord is MOST likely required to do what?

HARD

An agent distributes flyers door-to-door in a neighborhood stating, 'Home values are dropping because of the new families moving in from overseas. Sell now before it's too late!' What TWO fair housing violations could this conduct involve?

HARD

All of the following may require changes to how housing is offered or managed for a person with a disability EXCEPT

HARD

Practice of Real Estate: What You Need to Know

Practice of Real Estate covers the operational and regulatory aspects of working as a licensed real estate professional. This topic bridges theory and practice, testing your knowledge of fair housing, advertising, trust accounts, and professional responsibilities.

Fair Housing is the most heavily tested subtopic within Practice of Real Estate. The Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968, amended in 1988) prohibits discrimination based on seven protected classes: race, color, religion, sex (including sexual orientation and gender identity per 2021 Supreme Court ruling), national origin, familial status, and disability. Know the specific prohibited practices: steering, blockbusting, redlining, and discriminatory advertising. Many states add additional protected classes.

Trust account management is another critical area. Know the rules about commingling (mixing client funds with personal or business funds — prohibited) and conversion (using client funds for personal use — illegal). Understand anti-trust violations: price fixing (agreeing on commission rates), market allocation (dividing territories), boycotting (refusing to work with certain businesses), and tie-in agreements. These are per se violations — no justification is accepted.

Frequently Asked Questions

Study Practice for Your State

Each state has specific requirements and emphasis areas. Choose your state for tailored study content.

Master Practice of Real Estate

Get full access to all practice questions with progress tracking.

Get Started Free