Florida Real Estate Sales Associate Examination Content OutlineReal Estate Brokerage Activities and ProceduresHard
A real estate sales associate has been accused of misrepresentation. During the investigation by the Department of Business and Professional Regulation (DBPR), the sales associate receives a 'Notice of Noncompliance' from FREC. What does this notice indicate?
- AThe sales associate's license has been immediately suspended pending further review.
- BThe violation is minor, and the licensee has 15 days to correct it without further disciplinary action.
- CA formal complaint has been filed, and an administrative hearing is scheduled.
- DFREC has found sufficient evidence for probable cause and is moving to formal charges.
Show answer & explanationAnswer & explanation
Correct answer: B. The violation is minor, and the licensee has 15 days to correct it without further disciplinary action.
A Notice of Noncompliance is issued for minor violations that do not endanger the public and are usually correctable. It allows the licensee 15 days to correct the infraction without further disciplinary action. It's a less severe step than formal complaints or probable cause findings.
Why the other options are wrong
- A. License suspension is a much more severe action and is not the purpose of a Notice of Noncompliance.
- C. This would be a Complaint, not a Notice of Noncompliance.
- D. A finding of probable cause comes later in the disciplinary process for more serious offenses.
Notice of Noncompliance
A Notice of Noncompliance is a warning for minor, first-time violations of Florida license law that do not involve serious public harm.
- Issued by DBPR for minor infractions.
- Licensee has 15 days to correct the violation.
- If corrected, no further disciplinary action is taken.
Memory trick: From 'C'omplaint to 'P'robable 'C'ause, then 'H'earing and 'F'inal 'O'rder.