Transcript Who Wants to Be a Millionaire P.S. Procedural Quiz Each group will have an opportunity to answer an equal number of questions. The table with the.

Who Wants to
Be a
Millionaire P.S. Procedural
Quiz
Each group will have an
opportunity to answer an
equal number of questions.
The table with the most
correct answers will receive
three bonus questions and a
chance to win …
$ 1,000,000
GOOD
LUCK!
The REALTORS®
Code of Ethics is based on
A.
“caveat emptor”
B.
the golden rule
C.
real estate license law
D.
federal anti trust law
The REALTORS®
Code of Ethics is based on
A.
“caveat emptor”
B.
the golden rule
C.
real estate license law
D.
federal anti trust law
An ethics complaint can be filed by
A.
board members
B.
members of the public
C.
someone involved as a
principal or agent in
the transaction
D.
all of the above
An ethics complaint can be filed by
A.
board members
B.
members of the public
C.
someone involved as a
principal or agent in
the transaction
D.
all of the above
A seller-client can compel
arbitration
A.
with a cooperating
(“selling”) broker
B.
with the buyer
C.
any time subsequent to
the closing
D.
if there is a contractual
agreement with the
listing broker
A seller-client can compel
arbitration
A.
with a cooperating
(“selling”) broker
B.
with the buyer
C.
any time subsequent to
the closing
D.
if there is a contractual
agreement with the
listing broker
The grievance committee
A.
holds preliminary
hearings
B.
determines that the
Code may have been
violated
C.
can amend arbitration
requests
D.
cannot have it’s role
carried out by a subset
of the professional
standards committee
The grievance committee
A.
holds preliminary
hearings
B.
determines that the
Code may have been
violated
C.
can amend arbitration
requests
D.
cannot have it’s role
carried out by a subset
of the professional
standards committee
The grievance committee’s role in
arbitration is to
A.
determine arbitrability
B.
determine whether
arbitration is
mandatory or voluntary
C.
determine if the
appropriate parties are
named
D.
all of the above
The grievance committee’s role in
arbitration is to
A.
determine arbitrability
B.
determine whether
arbitration is
mandatory or voluntary
C.
determine if the
appropriate parties are
named
D.
all of the above
In an appeal of a grievance
committee’s decision
A.
parties can challenge
members of the board
of directors
B.
parties can appear and
argue their positions
C.
attorneys for the
parties may be present
D.
only the information
the grievance
committee had when it
made its determination
will be given to the
directors
In an appeal of a grievance
committee’s decision
A.
parties can challenge
members of the board
of directors
B.
parties can appear and
argue their positions
C.
attorneys for the
parties may be present
D.
only the information
the grievance
committee had when it
made its determination
will be given to the
directors
An ethics complaint can be
amended by
A.
the complainant with
the hearing panel’s
concurrence
B.
the grievance
committee
C.
the hearing panel
before the hearing
D.
all of the above
An ethics complaint can be
amended by
A.
the complainant with
the hearing panel’s
concurrence
B.
the grievance
committee
C.
the hearing panel
before the hearing
D.
all of the above
The concept of due process
includes the right to
A.
a full and fair hearing
B.
an impartial tribunal
C.
a full and complete
knowledge of the
charges
D.
all of the above
The concept of due process
includes the right to
A.
a full and fair hearing
B.
an impartial tribunal
C.
a full and complete
knowledge of the
charges
D.
all of the above
An individual’s name can be
published after being found in
violation of the Code
A.
only if the local
association adopts a
policy authorizing
publication
B.
after three violations of
the Code of Ethics are
found within two years
C.
only if a REALTOR®
principal is expelled
from membership
D.
A and B
An individual’s name can be
published after being found in
violation of the Code
A.
only if the local
association adopts a
policy authorizing
publication
B.
after three violations of
the Code of Ethics are
found within two years
C.
only if a REALTOR®
principal is expelled
from membership
D.
A and B
Who has the right to due process?
A.
attorneys representing
their clients
B.
complainants
C.
respondents
D.
all parties
Who has the right to due process?
A.
attorneys representing
their clients
B.
complainants
C.
respondents
D.
all parties
Subpoenas can be issued by
hearing panels to compel witnesses
to testify
A.
in some ethics
hearings
B.
in some arbitration
hearings
C.
by the grievance
committee
D.
only on matters
considered by the
board of directors
Subpoenas can be issued by
hearing panels to compel witnesses
to testify
A.
in some ethics
hearings
B.
in some arbitration
hearings
C.
by the grievance
committee
D.
only on matters
considered by the
board of directors
A $500 administrative processing
fee can be assessed
A.
as part of discipline
imposed
B.
against complainants
and respondents
C.
against respondents
found in violation of the
Code of Ethics
D.
A and B
A $500 administrative processing
fee can be assessed
A.
as part of discipline
imposed
B.
against complainants
and respondents
C.
against respondents
found in violation of the
Code of Ethics
D.
A and B
Mediation is a voluntary dispute
resolving process which should be
initiated before a request for
arbitration is reviewed by the
grievance committee
A.
true
B.
false
C.
unable to answer given
the information
provided
D.
only if the board has
adopted a policy to this
effect
Mediation is a voluntary dispute
resolving process which should be
initiated before a request for
arbitration is reviewed by the
grievance committee
A.
true
B.
false
C.
unable to answer given
the information
provided
D.
only if the board has
adopted a policy to this
effect
For procuring cause purposes, a
“successful transaction” is defined
as
A.
the party paid the
cooperating broker’s
portion of a
commission
B.
as a sale that closes or
a lease that is
executed
C.
one in which no parties
or REALTORS® are
sued
D.
when the seller
accepts the buyer’s
offer to purchase
For procuring cause purposes, a
“successful transaction” is defined
as
A.
the party paid the
cooperating broker’s
portion of a
commission
B.
as a sale that closes or
a lease that is
executed
C.
one in which no parties
or REALTORS® are
sued
D.
when the seller
accepts the buyer’s
offer to purchase
A commission dispute between two
REALTOR® salespeople affiliated
with the same company
A.
must be arbitrated by
the local association
B.
must join the
REALTOR® principal
C.
may be arbitrated if the
salespeople are still
affiliated with the same
company at the time of
the hearing
D.
can relate to
advertising expenses
A commission dispute between two
REALTOR® salespeople affiliated
with the same company
A.
must be arbitrated by
the local association
B.
must join the
REALTOR® principal
C.
may be arbitrated if the
salespeople are still
affiliated with the same
company at the time of
the hearing
D.
can relate to
advertising expenses
If a respondent admits he violated
the Code, and the hearing panel
finds him in violation
A.
an appeal can be
based on the nature or
severity of discipline
B.
no appeal is available
since the respondent
admitted he violated
the Code
C.
the only discipline that
can be imposed is a
letter of warning or a
letter of reprimand
D.
no discipline should be
assessed because the
purpose of Code
enforcement is
educational
If a respondent admits he violated
the Code, and the hearing panel
finds him in violation
A.
an appeal can be
based on the nature or
severity of discipline
B.
no appeal is available
since the respondent
admitted he violated
the Code
C.
the only discipline that
can be imposed is a
letter of warning or a
letter of reprimand
D.
no discipline should be
assessed because the
purpose of Code
enforcement is
educational
If a complainant withdraws an
ethics complaint after the grievance
committee referred it for hearing
A.
the matter is closed
B.
the complaint cannot
be refiled at a later
date
C.
the hearing panel can
become the
complainant
D.
the grievance
committee can become
the complainant and
the matter can proceed
to a hearing only if
there is a violation of
the public trust.
If a complainant withdraws an
ethics complaint after the grievance
committee referred it for hearing
A.
the matter is closed
B.
the complaint cannot
be refiled at a later
date
C.
the hearing panel can
become the
complainant
D.
the grievance
committee can become
the complainant and
the matter can proceed
to a hearing only if
there is a violation of
the public trust.
Arbitration requests
A.
must be filed prior to
closing of the
underlying transaction
B.
must be filed within
180 days after the
closing, regardless of
when the complainant
learned of the dispute
C.
may specify the dollar
amount in dispute
D.
must be dated and
signed by the
complainant
Arbitration requests
A.
must be filed prior to
closing of the
underlying transaction
B.
must be filed within
180 days after the
closing, regardless of
when the complainant
learned of the dispute
C.
may specify the dollar
amount in dispute
D.
must be dated and
signed by the
complainant
The grievance committee
A.
may appoint committee
members to help
REALTORS® file
complaints
B.
may appoint committee
members to assist
nonmember
complainants in filing
complaints
C.
may not act as a
complainant
D.
must request a
response from ethics
respondents
The grievance committee
A.
may appoint committee
members to help
REALTORS® file
complaints
B.
may appoint committee
members to assist
nonmember
complainants in filing
complaints
C.
may not act as a
complainant
D.
must request a
response from ethics
respondents
If civil litigation is in progress when
an ethics complaint is filed
A.
staff decides whether
the ethics complaint
will be heard
C.
board counsel
recommends to the
grievance committee
whether the complaint
should go forward to
hearing, with the
decision made by the
committee
B.
the grievance
committee chair
decides whether to
forward the ethics
complaint for hearing
D.
the complaint is
automatically held in
abeyance pending
outcome of civil
litigation
If civil litigation is in progress when
an ethics complaint is filed
A.
staff decides whether
the ethics complaint
will be heard
C.
board counsel
recommends to the
grievance committee
whether the complaint
should go forward to
hearing, with the
decision made by the
committee
B.
the grievance
committee chair
decides whether to
forward the ethics
complaint for hearing
D.
the complaint is
automatically held in
abeyance pending
outcome of civil
litigation
Members of a hearing panel
A.
C.
cannot question a
witness before the
opposing party has
questioned the witness
cannot recess a
hearing for more than
one hour
B.
may discuss the case
with any party
subsequent to the
hearing
D.
may not absent
themselves from the
hearing while
testimony or evidence
is being submitted
and then rejoin the
tribunal
Members of a hearing panel
A.
C.
cannot question a
witness before the
opposing party has
questioned the witness
cannot recess a
hearing for more than
one hour
B.
may discuss the case
with any party
subsequent to the
hearing
D.
may not absent
themselves from the
hearing while
testimony or evidence
is being submitted
and then rejoin the
tribunal
The standard of proof
A.
for ethics decisions is a
preponderance of the
evidence
B.
for arbitration awards
is clear, strong, and
convincing proof
C.
for violations of MLS
rules is a
preponderance of the
evidence
D.
for ethics appeals and
procedural review of
arbitration based on
alleged procedural
deficiencies or
failures of due
process is whether
the effect was to deny
the appellant a fair
hearing
The standard of proof
A.
for ethics decisions is a
preponderance of the
evidence
B.
for arbitration awards
is clear, strong, and
convincing proof
C.
for violations of MLS
rules is a
preponderance of the
evidence
D.
for ethics appeals and
procedural review of
arbitration based on
alleged procedural
deficiencies or
failures of due
process is whether
the effect was to deny
the appellant a fair
hearing
CONGRATULATIONS!
That is the end of Round #1 worth
$125,000. The group, or groups,
with the most correct answers
must now correctly answer three
bonus questions to win …
$1,000,000
LET’S PLAY
Round #2!
Appropriate discipline for an ethics
violation could include
A.
an apology
B.
a specified number of
hours of community
service (not to exceed
30 hours)
C.
a fine of not more than
$6,000
D.
suspension or
termination of MLS
services
Appropriate discipline for an ethics
violation could include
A.
an apology
B.
a specified number of
hours of community
service (not to exceed
30 hours)
C.
a fine of not more than
$6,000
D.
suspension or
termination of MLS
services
Dissenting opinions
A.
can be filed by
arbitration hearing
panel members
B.
can be filed by ethics
hearing panel
members but not
disseminated to the
parties
C.
may not be issued by
the board of directors
D.
can be filed by ethics
hearing panel
members and are
provided to the parties
Dissenting opinions
A.
can be filed by
arbitration hearing
panel members
B.
can be filed by ethics
hearing panel
members but not
disseminated to the
parties
C.
may not be issued by
the board of directors
D.
can be filed by ethics
hearing panel
members and are
provided to the parties
Which of the following is an
appropriate basis for a procedural
review request
A.
an error in interpreting
or applying the
procuring cause
factors
B.
the discipline imposed
is too severe
C.
the panel awarded
more money than was
requested
D.
the award amount is
too large or too small
Which of the following is an
appropriate basis for a procedural
review request
A.
an error in interpreting
or applying the
procuring cause
factors
B.
the discipline imposed
is too severe
C.
the panel awarded
more money than was
requested
D.
the award amount is
too large or too small
You win!!!
(Check is in the mail)
Thanks for
playing.
Produced by:
For other policy training materials,
The
Member
refer
to thePolicy
Board Department
Policy and
of thePrograms
National Association
of
web site
REALTORS®
(URL: www.onerealtorplace.com
\mempolweb.nsf)