Distance Learning
|
You
may take the 63 Hr. Principles and Practice real estate class on-line
that qualifies you to take the real estate exam in There
are also classes for you to complete the 14 Hr. Continuing Education,
the 45 Hr. Post License Education for Sales Associates, and two 30 hour
classes that will fulfill the Post Broker license requirements. The
following information is provided so you may determine if this is an
option that you want to pursue. |
Florida Real Estate Principles, Practices & Law
Dearborn Real Estate Education
|
Time
(50-minute hours) |
Unit |
|
1 |
1—The Real Estate Business |
|
2.5 |
2—License Law and Qualifications for Licensure |
|
3.5 |
3—License Law and Administration |
|
3.5 |
4—Brokerage Relationships and Ethics |
|
3.5 |
5—Real Estate Brokerage Operations |
|
3.5 |
6—Complaints, Violations, and Penalties |
|
3.5 |
7—Federal and State Housing Laws |
|
3.5 |
8—Property Rights: Estate, Tenancies, and Multiple
Ownership Interest |
|
3.0 |
9—Titles, Deeds, and Ownership Restrictions |
|
2.5 |
10—Legal Descriptions |
|
3.5 |
11—Real Estate Contracts |
|
3.5 |
12—Real Estate Finance |
|
2.5 |
13—The Mortgage market |
|
3.0 |
14—Computations and Title Closing |
|
3.5 |
15—Estimating Real Property Value |
|
1.0 |
16—Product Knowledge |
|
2.5 |
17—Real Estate Investment Analysis and Business
Opportunity Brokerage |
|
3.5 |
18—Taxes Affecting Real Estate |
|
3.5 |
19—The Real Estate Market |
|
3.5 |
20—Planning and Zoning |
|
3.0 |
End-of-course Exam |
|
63.0 |
Total Hours |
***45-Hour Postlicense Course by Distance Education
Post-Licensing
Education for Real Estate Sales Associates
Dearborn Real Estate Education
|
Time
(50-minute hours) |
Unit |
|
3 |
1—Brokerage Relationships and License Law Update |
|
3 |
2—Federal and State Laws Affecting Real Estate |
|
3 |
3—Real Estate Ethics, Education, and Planning |
|
3 |
4—Information and Technology |
|
3 |
5—Valuing Residential Property |
|
3 |
6—Listing Real Property |
|
3 |
7—Working With Buyers |
|
3 |
8—Sales and Option Contracts |
|
3 |
9—Exploring Mortgage Alternatives |
|
3 |
10—Acquiring Financing for the Property |
|
3 |
11—The Closing Process |
|
3 |
12—The Closing Statement |
|
3 |
13—Analyzing Real Estate Investments |
|
3 |
14—Professional Property Management |
|
3 |
End-of-course Exam |
|
45 |
Total Hours |
***72-Hour Broker Prelicense Course by Distance Education
Dearborn Real Estate Education
|
Time
(50-minute hours) |
Unit |
|
3.5 |
1: Becoming A Licensed Real Estate Broker |
|
3.5 |
2: Opening A Real Estate Office |
|
4.0 |
3: Managing, And Supervising A Real Estate Office |
|
4.0 |
4: Escrow Management |
|
4.0 |
5: Inspections And The Disciplinary Process |
|
3.0 |
6: Overview Of Real Estate Valuation |
|
4.5 |
7: Sales Comparison, Cost Depreciation, And Income Approaches |
|
2.0 |
8: Comparative Market Analysis |
|
3.5 |
9: Basic Business Appraisal |
|
4.0 |
10: Brokerage Relationships |
|
4.0 |
11: Contracts |
|
4.0 |
12: Financing Real Estate |
|
7.0 |
13: Closing Real Estate Transactions |
|
3.5 |
14: Federal Income Tax Laws Affecting Real Estate |
|
4.0 |
15: Investment Real Estate |
|
3.5 |
16: Zoning And Planning, Subdividing Of Land, And Special Issues |
|
3.5 |
17: Environmental Concerns Affecting Real Estate Transactions |
|
3.5 |
18: Property Management |
|
3.0 |
End-of-course Exam |
|
72.0 |
Total Hours |
***30-Hour Broker Post-License Course by Distance Education
Florida Real Estate Brokerage: A Management Guide
Dearborn Real Estate Education
|
Time
(50-minute hours) |
Unit |
|
1.5 |
1—The Challenge of Change |
|
2 |
2—Leadership |
|
1.5 |
3—Management Skills |
|
1.5 |
4—Communications and Decision Making |
|
2 |
5—Analyzing the Business Environment |
|
1.5 |
6—Analyzing the Market |
|
1.5 |
7—Developing a Plan |
|
1.5 |
8—Structuring the Organization |
|
1.5 |
9—Structuring Business Systems |
|
1.5 |
10—Structuring the Finances |
|
1.5 |
11—Business Policies and Procedures |
|
1.5 |
12—Marketing and Advertising |
|
1.5 |
13—The Practical and Legal Realities of Staffing |
|
1.5 |
14—Recruiting, Selecting, and Hiring the Staff |
|
1.5 |
15—Professional Competency |
|
1.5 |
16—Coaching Performance |
|
1.5 |
17—Monitoring Operations |
|
2 |
18—Managing Risk |
|
1.5 |
End-of-Course Exam |
|
30 |
Total Hours |
***30-Hour Post-license Course by Distance Education
Florida Essentials
of Real Estate Investment
Dearborn Real Estate Education
|
Time
(50-minute hours) |
Unit |
|
1 |
1. Introduction |
|
1 |
2. Ownership Interests in Real Property |
|
3 |
3. Feasibility Studies of Real Estate Investments |
|
3 |
4. Financial Analysis of Real Estate Investment |
|
3 |
5.
Financing for Real Estate Investments |
|
3 |
6. Income Taxes and Real Estate Investments |
|
2 |
7. Investing in land |
|
2.5 |
8. Investing in Residential Properties |
|
2.5 |
9. Investing in Office Buildings |
|
2.5 |
10. Investing in Strip Stores and Shopping lefts |
|
2.5 |
11. Investing in Industrial Properties |
|
2.5 |
12. Special Real Estate Investments |
|
1.5 |
End-of-course Exam |
|
30 |
Total Hours |
14-Hour Continuing Education
Based on Continuing Education for Florida Real Estate
Professionals
| Time: | Detailed Content Outline |
| :00-:15 | Review and Update of License Law |
| :00-:15
|
Introduction and standards for the course History of license law The Florida Real Estate Commission |
| :15-:30
|
Real estate license License name changes Procedures for becoming licensed Distance learning Nonresident applicants and mutual recognition License renewal Inactive licenses |
| :30-:45
|
Registration of brokerage entities other law changes Personal assistants USPAP requirements for real estate licensees |
| :45-1:00
|
Escrow accounts Maintaining an escrow account Timely deposits into escrow accounts |
| 1:00-2:00 | Escrow Accounts |
| 1:00-1:15
|
Interest-bearing escrow accounts Disbursing funds from the account Conflicting demands procedures |
| 1:15-1:30 | Property management escrow accounts |
| 1:30-1:45 | Broker's escrow account records Advance fees |
| 1:45-2:00 | Retention of records |
| 2:00-3:00 | Review and Update of License Law |
| 2:00-2:15
|
Violations and penalties Procedure for filing a complaint Brokerage Office inspection and audits |
| 2:15-2:30 | Real estate recovery fund |
| 2:00-2:30 | "Clean Slate" bill |
| 2:45-3:00 | DBPR's three responses to violations |
| 3:00-4:00 | Other State Laws Affecting Real Estate |
| 3:00-3:15 | Condominium Act Homeowner's association disclosure |
| 3:15-3:30 | Vacation and timesharing plans |
| 3:30-3:45 | Community association management Local Government Comprehensive Planning Act |
| 3:45-4:00
|
Radon Gas Protection Act Residential Swimming Pool Safety Act Florida Construction Laws - Unlicensed Activity |
| 4:00-5:00 | Review and Update of Federal Laws, and Federal Income Taxes Affecting Real Estate |
| 4:00-4:15
|
The National Do-Not-Call Registry E-Signature Act Comprehensive Environmental Response, Compensation and Liability Act The Coastal Zone Management Act Federal Residential Lead-Based Paint Hazard Reduction Act |
| 4:15-4:30 | Real Estate Settlement Procedures Act |
| 4:30-4:45 | Deductibility of expenses |
| 4:45-5:00 | Exclusion of gain on sale of personal residence Lower capital gains rates |
| 5:00-6:00 | Federal Income Taxes Affecting Real Estate Real Estate Brokerage Relationships |
| 5:00-5:15 | Independent contractor relationships |
| 5:15-5:30 | Deducting the home office Reporting large cash payments |
| 5:30-5:45 | Agency law and its history |
| 5:45-6:00
|
Florida's Brokerage Relationship Disclosure Act Authorized brokerage relationships Disclosure requirements |
| 6:00-7:00 | Real Estate Brokerage Relationships (Cont'd) |
| 6:00-6:15 | No brokerage relationship Single agent relationship |
| 6:15-6:30 | Transaction broker relationship Transitioning from single agent |
| 6:30-6:45 | Designated sales associate |
| 6:45-7:00 | Brokerage relationship disclosures |
| 7:00-8:00 | Property Condition and Inspections |
| 7:00-7:15 | Residential property condition disclosures |
| 7:15-7:30
|
Florida Court decisions on property
condition disclosure Nonresidential property condition disclosures |
| 7:30-7:45 | Licensee's duties under Chapter 475, F.S. Avoiding misrepresentation |
| 7:45-8:00 | The nuts and bolts of a home inspection Inspecting the exterior |
| 8:00-9:00 | Property Condition and Inspections (Cont'd) Fair Housing |
| 8:00-8:15 | Inspecting the interior |
| 8:15-8:30
|
Environmental problems Radon gas Lead-based paint Asbestos Electromagnetic radiation Mold |
| 8:30-8:45 | Civil Rights Acts of 1866 and 1968 Florid Fair Housing Act |
| 8:45-9:00 | Americans with Disabilities Act Florida Americans with Disabilities Act |
| 9:00-10:00 | Fair Housing (Cont'd) Real Estate Financing |
| 9:00-9:15 | AIDS victims and housing |
| 9:15-9:30 | Case study - Fair Housing Violation in S. Florida |
| 9:30-9:45 | The Truth in Lending Act |
| 9:45-10:00 | The Equal Credit Opportunity Act |
| 10:00-11:00 | Real Estate Financing |
| 10:00-10:15 | Fair credit reporting |
| 10:15-10:30 | Homeowner's Protection Act of 1998 Predator lending Automatic underwriting |
| 10:30-10:45 | Automated valuation |
| 10:45-11:00 | Credit scoring |
| 11:00-12:00 | Contracts and Closings |
| 11:00-11:15 | The statute of frauds Unauthorized practice of law |
| 11:15-11:30 | Licensee acting as a buyer or seller Disclosures - property condition |
| 11:30-11:45 | Disclosure - homicide or suicide |
| 11:45-12:00 | Disclosure - Megan's Law Transaction fees Florida sales tax on personal property sales |
| 12:00-13:00 | Contracts and Closings |
| 12:00-12:15 | Sales contracts |
| 12:15-12:30 | Closing real estate transactions Closing procedures |
| 12:30-12:45 | Evidence of title |
| 12:45-13:00 | Preparing to close |
| 13:00-14:00 | Case Studies in Real Estate |
| 13:00-13:15 | Case Study 1 - Escrow account shortage |
| 13:15-13:30 | Case Study 2 - Broker fails to put funds in escrow Case Study 3 - Broker helps make mortgage loan application |
| 13:30-13:45 | Case Study 4 - Broker uses one buyer's credit to get home for another buyer |
| 13:45-1400 | Case Study 5 - Salesperson buys rental property but never
makes payments Case Study 6 - Applicant fails to report past violations |
| Florida Real Estate Principles, Practices and Law Online Course 30063304 |
| Unit Name | Lesson | Learning Objectives | |
| 100 | The Real Estate Business | Reading Assignment | After completing this unit, the
student should be able to: define farm area; |
| identify reasons why property management has grown in importance; | |||
| define absentee owner; | |||
| define residential real estate; | |||
| describe the appraisal process; | |||
| identify the reasons for the method of compensation for appraisal services; and | |||
| distinguish among the three categories of residential construction. | |||
| Reading Comprehension Quiz 1 | |||
| Interactive Exercises | |||
| Unit Exam 1 | |||
| 120 | License Law and Qualifications for Licensure | Reading Assignment | After completing this unit, the
student should be able to: define sales associate, broker associate, and broker; |
| list the academic requirements for sales associate and broker licenses; | |||
| list the application requirements for sales associate and broker licenses; | |||
| identify services of real estate requiring licensure; | |||
| recognize exemptions from licensure; and | |||
| distinguish between post-licensing education and continuing education. | |||
| Reading Comprehension Quiz 2 | |||
| Unit Exam 2 | |||
|
120 |
License Law and Administration | Reading Assignment | After completing this unit, the
student should be able to: describe the composition and member qualifications of the Florida Real Estate Commission; |
| explain how members of the Commission are appointed; | |||
| distinguish between active and inactive license status; | |||
| explain the purpose of multiple and group licenses; and | |||
| distinguish between void licenses and ineffective licenses. | |||
| Reading Comprehension Quiz 3 | |||
| Unit Exam 3 | |||
|
190 |
Brokerage Relationships and Ethics | Reading Assignment | After completing this unit, the
student should be able to: distinguish between the terms general agent and special agent; |
| describe which legal provisions apply only to residential real estate transactions; | |||
| describe the duties and disclosure requirements of a transaction broker; | |||
| describe the duties and disclosure requirements that single agents have to their principals; | |||
| define a dual agent; | |||
| describe the purpose and requirements of the no brokerage relationship notice; | |||
| list the no brokerage relationship duties; | |||
| describe the process of transition from a single agent to a transaction broker; | |||
| identify actions that will terminate an agency; and | |||
| recognize activities that are considered to be fraudulent. | |||
| Reading Comprehension Quiz 4 | |||
| Interactive Exercises | |||
| Unit Exam 4 | |||
| 205 | Real Estate Brokerage Options | Reading Assignment | After completing this unit, the
student should be able to: identify the requirements for a broker's office(s); |
| explain what determines whether a temporary shelter must be registered as a branch office; | |||
| list the requirements related to sign regulation; | |||
| list the requirements related to the regulation of advertising by real estate licensees; | |||
| explain the term immediately as it applies to earnest money deposits; | |||
| describe the four settlement procedures available to a broker who has received conflicting demands or who has a good-faith doubt as to who is entitled to disputed funds; | |||
| list the rule requirements for the handling of advance fees; | |||
| explain the rule regarding the advertisement of rental property information or lists or negotiation of rentals; | |||
| describe the obligations placed on a sales associate who changes employers; and | |||
| contrast the features of the various types of business organizations. | |||
| Reading Comprehension Quiz 5 | |||
| Interactive Exercises | |||
| Unit Exam 5 | |||
| 173 | Complaints, Violations, and Penalties | Reading Assignment | After completing this unit, the
student should be able to: explain the procedures involved in the reporting of violations, the investigation of complaints, and the conduct of hearings; |
| describe the elements of a valid complaint; | |||
| describe the composition of the probable-cause panel; | |||
| describe events that would cause a license to be denied; | |||
| recognize actions that would cause a license to be subject to suspension or revocation; | |||
| identify individuals who would be eligible to seek reimbursement from the Real Estate Recovery Fund; and | |||
| describe the monetary limits imposed by law on the Real Estate Recovery Fund. | |||
| Reading Comprehension Quiz 6 | |||
| Interactive Exercises | |||
| Unit Exam 6 | |||
| 155 | Federal and State Housing Laws | Reading Assignment | After completing this unit, the
student should be able to: describe the features of the Civil Rights Acts of 1866 and 1968; |
| recognize examples of steering, redlining, and blockbusting; | |||
| describe the features of the Truth-in-Lending Act, the Equal Credit Opportunity Act, and the Real Estate Settlement Procedures Act; and | |||
| describe the provisions of the Florida Residential Landlord and Tenant Act. | |||
| Reading Comprehension Quiz 7 | |||
| Unit Exam 7 | |||
| 160 | Property Rights - Estates, Tenancies, and Multiple Ownership Interests | Reading Assignment | After completing this unit, the
student should be able to: define real property based on the definition in Chapter 475, F.S.; |
| list and explain the physical components of real property; | |||
| explain the four tests courts use to determine if an item is a fixture; | |||
| distinguish between real and personal property; | |||
| describe the bundle of rights associated with real property ownership; | |||
| list the principal types of estates (tenancies) and describe their characteristics; | |||
| describe the features associated with the Florida homestead law; | |||
| distinguish between cooperatives, condominiums, and time-shares; and | |||
| describe the four main documents associated with condominiums. | |||
| Reading Comprehension Quiz 8 | |||
| Interactive Exercises | |||
| Unit Exam 8 | |||
| 166 | Title, Deeds, and Ownership Restrictions | Reading Assignment | After completing this unit, the
student should be able to: differentiate between voluntary and involuntary alienation; |
| explain the various methods of acquiring title to real property; | |||
| describe the conditions necessary to acquire real property by adverse possession; | |||
| list and describe the various types of governmental and private restrictions on ownership of real property; | |||
| distinguish between actual notice and constructive notice; | |||
| distinguish between an abstract of title and a chain of title; | |||
| explain the different types of title insurance; | |||
| describe the essential elements of a deed; and | |||
| list and describe the four types of statutory deeds. | |||
| Reading Comprehension Quiz 9 | |||
| Interactive Exercises | |||
| Unit Exam 9 | |||
| 100 | Legal Descriptions | Reading Assignment | After completing this unit, the
student should be able to: explain the necessity for legal land descriptions; |
| list and explain the various methods of describing real property; | |||
| calculate the number of acres in a parcel described by the government survey system; | |||
| identify the location of a township by township and range number; and | |||
| number the sections of a township. | |||
| Reading Comprehension Quiz 10 | |||
| Interactive Exercises | |||
| Unit Exam 10 | |||
| 198 | Real Estate Contracts | Reading Assignment | After completing this unit, the
student should be able to: :list and describe the essentials of a real estate contract; |
| describe the differences between formal contracts and parol contracts; | |||
| distinguish among bilateral, unilateral, implied, express, executory, and executed contracts; | |||
| describe the various ways in which an offer is terminated; | |||
| describe the various methods of terminating a contract; | |||
| explain the remedies for breach of a contract; | |||
| describe the effect of the statute of frauds and the statute of limitations; | |||
| describe the elements of an option; and | |||
| differentiate among the various types of listings. | |||
| Reading Comprehension Quiz 11 | |||
| Interactive Exercises | |||
| Unit Exam 11 | |||
| 245 | Real Estate Finance | Reading Assignment | After completing this unit, the
student should be able to: distinguish between title theory and lien theory doctrines; |
| distinguish between the mortgage instrument and the note; | |||
| explain the provisions of the various mortgage clauses; | |||
| differentiate among FHA, VA, and conventional mortgages; | |||
| describe the features of amortized, adjustable, package, and purchase-money mortgages; | |||
| explain the purpose of an estoppel certificate; | |||
| calculate the loan-to-value (LTV) ratio, given the purchase price and down payment amounts; and | |||
| calculate the down payment, given the purchase price and LTV ratio. | |||
| Reading Comprehension Quiz 12 | |||
| Interactive Exercises | |||
| Unit Exam 12 | |||
| 135 | The Mortgage Market | Reading Assignment | After completing this unit, the
student should be able to: describe the factors that influence the supply and demand for mortgage funds; |
| distinguish between the primary and secondary markets; | |||
| understand the mortgage practices of commercial banks, savings associations, mutual savings banks, and life insurance companies; | |||
| distinguish between a mortgage banker and mortgage broker; | |||
| describe the three methods the Fed uses to control the supply of money in circulation; | |||
| describe the function of Fannie Mae, Ginnie Mae, and Freddie Mac; and | |||
| calculate the cost of discount points and the approximate yield resulting from discounts. | |||
| Reading Comprehension Quiz 13 | |||
| Unit Exam 13 | |||
| 130 | Computations and Title Closing | Reading Assignment | After completing this unit, the
student should be able to: compute a sale commission; |
| calculate the percent of profit or loss, given the original cost of the investment, the sale price, and the dollar amount of profit or loss; | |||
| amortize a level-payment plan mortgage when given the principal amount, the interest rate, and the monthly payment amount; | |||
| prorate the buyer's and seller's expenses using either the 30-day-month method or the 365-day method; | |||
| calculate the dollar amount of transfer taxes on deeds, mortgages, and notes; and | |||
| allocate taxes and fees to the proper parties and compute individual costs. | |||
| Reading Comprehension Quiz 14 | |||
| Unit Exam 14 | |||
| 195 | Estimating Real Property Value | Reading Assignment | After completing this unit, the student should be able
to: differentiate among the terms price, cost, and value; |
| describe the four characteristics of value; | |||
| differentiate among the three approaches to estimating the value of real property; | |||
| describe the three types of depreciation and recognize examples of each type; and | |||
| apply the steps in the various approaches to estimating value when given an appropriate scenario. | |||
| Reading Comprehension Quiz 15 | |||
| Unit Exam 15 | |||
|
120 |
Product Knowledge | Reading Assignment | After completing this unit, the
student should be able to: contrast pier and slab-on-grade foundations; |
| distingush among the various lot types; | |||
| distinguish among the three types of frame construction; | |||
| identify various roof styles; | |||
| explain how a basic electrical system works; | |||
| describe basic residential plumbing and mechanical systems; and | |||
| identify the various window types. | |||
| Reading Comprehension Quiz 16 | |||
| Interactive Exercises | |||
| Unit Exam 16 | |||
| 160 | Real Estate Investment Analysis and Business Opportunity Brokerage | Reading Assignment | After completing this unit, the
student should be able to: identify the advantages and disadvantages of investing in real estate; |
| distinguish among the various types of risk; | |||
| explain the concepts of liquidity and leverage; | |||
| describe the similarities and differences between real estate brokerage and business brokerage; | |||
| describe the types of expertise required in business brokerage; | |||
| distinguish among the methods of appraising businesses; and | |||
| describe the steps in the sale of a business. | |||
| Reading Comprehension Quiz 17 | |||
| Interactive Exercises | |||
| Unit Exam 17 | |||
| 180 | Taxes Affecting Real Estate | Reading Assignment | After completing this unit, the
student should be able to: distinguish between immune and exempt or partially exempt properties; |
| calculate the total tax exemptions on a property, given a scenario; | |||
| describe the various personal exemptions available to qualified owners of homestead property; | |||
| compute the property tax on a specific parcel, given the current tax rates, assessed value, and eligible exemptions; | |||
| list the steps involved in the tax appeal procedure; | |||
| describe the purpose of Florida's Green Belt Law; | |||
| calculate the cost of a special assessment, given the conditions and amounts involved; and | |||
| list tax advantages resulting from home ownership. | |||
| Reading Comprehension Quiz 18 | |||
| Interactive Exercises | |||
| Unit Exam 18 | |||
| 98 | The Real Estate Market | Reading Assignment | After completing this unit, the
student should be able to: list factors that influence supply and demand for real estate; |
| describe the five characteristics unique to the real estate market; and | |||
| distinguish between buyer's and seller's markets. | |||
| Reading Comprehension Quiz 19 | |||
| Unit Exam 19 | |||
| 140 | Planning and Zoning | Reading Assignment | After completing this unit, the
student should be able to: distinguish among the six types of land-use planning background studies; |
| distinguish among zoning ordinances, building codes, and health ordinances; | |||
| explain the purpose of a variance, a special exception, and a nonconforming use; | |||
| calculate the number of lots available for development, given the total number of acres contained in a parcel, the percentage of land reserved for streets and other facilities, and the minimum number of square feet per lot; and | |||
| describe the characteristics of a planned unit development. | |||
| Reading Comprehension Quiz 20 | |||
| Interactive Exercises | |||
| Unit Exam 20 | |||
| 55 | Case Studies in Real Estate | Reading Assignment | Which subsections of Chapter 475, F.S., were violated? |
| What was the violation that the Respondent committed? | |||
| How should the Respondent have handled the initial questioning by Ms. Dow regarding the racial or ethnic background of Jones and Smith? | |||
| Which subsections of Chapter 475, F.S., did the Respondent violate, and what were the violations? | |||
| Did the Respondent's actions constitute fraud? | |||
| What are the essential elements of actionable fraud in a civil proceeding? | |||
| Were the essential elements of fraud present in this case? | |||
| Which subsections of Chapter 475, F.S. were violated, and what were the violations? | |||
| Are the elements of fraud present in this case? | |||
| Can an administrative penalty be imposed on a licensee for dishonest acts when dealing for his own account? | |||
| What is a partially amortized mortgage and balloon payment? | |||
| Which subsection of Chapter 475, F.S., was violated, and what were the violations? | |||
| Does the Respondent sales associate have potential liability in a civil suit? | |||