MORES - Missouri Real Estate Salesperson Exam

Question 21: A Missouri broker receives a complaint letter from a consumer and expects the Commission itself to hold a hearing, find that a violation occurred, and then revoke her license on the spot. Which of the following corrects that expectation?

The circuit court determines whether cause exists

The Division of Professional Registration decides

The Administrative Hearing Commission finds cause

The Commission decides both cause and sanction

Question 22: A Missouri consumer telephones the Commission to complain about a licensee and is told what she must do to put the matter formally before the agency. Which of the following describes what the rule requires of that complaint?

In writing, served on the licensee first

In writing and notarized by a notary

In writing and filed within one year

In writing, on a sworn Commission form

Question 23: A Missouri broker learns that no consumer has complained about the transaction the Commission is nonetheless asking her about, and she assumes the inquiry therefore cannot proceed any further. Which of the following describes the Commission's authority here?

Only on a sworn consumer complaint

It may investigate on its own motion

Only after an audit finds irregularities

Only on an Attorney General referral

Question 24: A Missouri licensee under investigation makes full restitution to the complaining consumer, apologizes in writing, and then asks the Commission to close its file on that basis alone. Which of the following describes how the rule treats that request?

Dismissal on that basis is discretionary

Restitution bars future discipline entirely

Restitution is irrelevant to the Commission's decision

Restitution requires dismissal of the complaint

Question 25: A Missouri salesperson makes a substantial misrepresentation about the square footage of a house and also conceals a material defect she knows about from the buyer. Which of the following describes the disciplinary ground that conduct falls under?

Failure to keep separate client accounts

Guaranteeing future profits from a resale

Making substantial misrepresentations or concealing material facts

Representing a broker other than her own

Question 26: A Missouri licensee behaves in a way the Commission considers plainly improper, but the conduct does not match any of the specific grounds the statute enumerates in its list. Which of the following describes the ground that reaches it?

Obtaining a license through fraud or deceit

Untrustworthy or improper dealings and gross negligence

Committing acts that would justify license denial

Disciplinary action taken by another state

Question 27: A Missouri brokerage runs a promotion offering entry into a drawing for a vacation package to anyone who lists a home with the firm during the spring selling season this year. Which of the following describes that promotion?

A prohibited contest to secure customers

Permitted if the prize value is modest

Permitted where a licensed vendor administers it

Permitted if the odds are disclosed

Question 28: A Missouri listing agent receives a written offer she considers far too low and decides not to bother her seller with it, since a stronger offer is expected within a few days. Which of the following describes that decision?

Proper, since the offer was not credible

Proper if she documents her reasoning

A ground for discipline

Proper if the seller set a minimum

Question 29: A Missouri broker knowingly lets an unlicensed acquaintance hold open houses alone and negotiate terms with prospective buyers on several of the brokerage's listings. Which of the following describes the exposure the broker faces under the license law?

A disciplinary ground for assisting unlicensed practice

Only civil liability to any injured party

None, provided the broker reviews every contract

A requirement to refund all commissions earned

Question 30: A Missouri licensee pleads guilty to a felony sexual offense unrelated to her practice, and she assumes the Commission will weigh the circumstances before deciding what to do about her license. Which of the following describes what the statute requires?

The Commission weighs the offense and record

The Commission may suspend but not revoke

The license shall be revoked

The Commission must refer it for hearing

Question 31: A Missouri licensee whose license was revoked after a qualifying conviction wants to challenge that action, and she asks how long she has to act and where the notice of appeal must go. Which of the following states the requirement?

Thirty days, to the Real Estate Commission

Ninety days, to the Administrative Hearing Commission

Sixty days, to the circuit court

One year, to the licensing Division

Question 32: A Missouri broker reads that the Commission may impose several kinds of discipline once cause is found, and she has heard elsewhere that a formal public censure is among them. Which of the following describes the statutory options?

Suspension, revocation, censure and civil penalty

Censure, suspension, revocation and probation

Censure, probation, revocation and restitution

Suspension, revocation, probation and civil penalty

Question 33: A Missouri licensee is placed on probation by the Commission after a hearing and asks how long that probation may last, since she has heard that other states cap such periods by statute. Which of the following describes Missouri's approach?

Probation is capped at one renewal period

Probation is capped at two years

No maximum period is stated

Probation runs until the next renewal date

Question 34: A Missouri broker is found after a hearing to have violated the license law and now faces a monetary sanction. Which of the following states the maximum civil penalty for each offense and how a continuing violation is counted?

One thousand dollars, counted once per matter

Five thousand dollars, counted once per matter

Ten thousand dollars, each week separate

Two thousand five hundred, each day separate

Question 35: A Missouri licensee facing several separate violations arising from one transaction asks whether the civil penalties the Commission may impose against her are subject to any overall ceiling at all. Which of the following states that aggregate limit?

Ten thousand dollars

Twenty-five thousand dollars

Fifty thousand dollars

No aggregate limit applies

Question 36: A Missouri licensee receives an order imposing a civil penalty and wants to know how quickly payment will be due if she decides not to appeal the order. Which of the following states the deadline the statute sets?

Within one year of the order

Within thirty days of receiving the order

At the next license renewal date

Sixty days after the order is filed

Question 37: A person who has never held a Missouri license negotiates several sales for compensation, and the Commission wants that activity stopped immediately rather than waiting for a disciplinary case. Which of the following describes the remedy the statute provides?

An injunction the Commission seeks in court

A cease and desist letter

An emergency Commission suspension order

A referral to the Administrative Hearing Commission

Question 38: A person knowingly acts as a real estate broker in Missouri without ever holding a license, and the county prosecutor asks what level of offense the license law creates for that particular conduct. Which of the following states it?

An infraction carrying a fine only

A class D felony

A class B misdemeanor

A class A felony

Question 39: A Missouri consumer is defrauded by a licensee, obtains a judgment, and cannot collect it because the licensee has no assets. She asks whether a state fund will reimburse her loss. Which of the following describes Missouri's position?

A recovery fund reimburses to a cap

Missouri has no real estate recovery fund

Civil penalties collected are paid to claimants

The Commission Fund reimburses proven claims

Question 40: A Missouri consumer asks the Commission to order a broker to pay her back the money she lost when a transaction she was counting on went badly wrong. Which of the following describes the limit on the Commission's authority?

Damages up to the license fee

Damages once cause has been found

It may award damages only against brokers

Restitution, but not money damages

MORES Missouri Real Estate Salesperson Exam - Set 3 - Part 2