SU # 09__Ministerial Acts Flashcards
What is the best way to avoid the misunderstanding of representation when responding to a customer’s request?
Provide a non-agency disclosure.
Which of the following actions are not acceptable in the performance of ministerial acts?
A - Showing your own personal home to a potential buyer client
B - Setting an appointment to view a property
C – Discussing possible finance options
A - Showing your own personal home to a potential buyer client
Buyer Jane has stopped by your office to pick up a copy of a roof warranty that was given to you by your client. Buyer Jane is the client of the cooperating brokerage. Are you allowed to provide this information? Explain why.
Yes, you are providing factual information to a consumer on an offer or contract to purchase on behalf of your client.
Agent Bob frequently asks for clerical support when completing sales contracts. Does this rise to the level of discretionary acts on the part of office personnel?
No. Acting in a supporting role in the preparation of real estate form contracts is a permissible non-licensed activity.
Complete the following definition.
Discretionary acts require the use of ______________, _____________, and ___________________.
Discretionary acts require the use of decision making, judgment, and problem-solving skills.
Which of the following acts can non-licensed staff legally perform?
Responding to telephone inquiries quoting from published information.
Negotiating contracts.
Hosting open houses for the public.
Explaining listing agreements.
Responding to telephone inquiries quoting from published information.
In what situations can non-licensed staff legally perform discretionary acts?
Under the supervision of the licensee
Under the supervision of the broker
Never
Always
Never
Which of the following best describes discretionary acts?
Acts that follow a set of written directions.
Acts that require decision making and judgment.
Acts that deal with administrative aspects of the brokerage
Acts that deal with enforcement of real estate laws.
Acts that require decision making and judgment.
What action should a licensee take when providing ministerial acts for a consumer?
Give a disclosure of non-agency.
Provide a ministerial acts agreement.
Perform all acts prior to a purchase offer.
Document all action in a non-disclosure case file.
Give a disclosure of non-agency.
What action should a non-licensed staff member take when a caller asks about listing commission rates?
Respond to the question.
Provide the information from a scripted response card.
Explain that commission rates are negotiable.
Refer the caller to a licensee.
Refer the caller to a licensee.
An act that is informative in nature, but does not rise to the level of representation, is known as:
A non-material act
A fiduciary act
A ministerial act
A nominal act
A ministerial act
Which of the following is true regarding ministerial acts performed by the seller’s licensee for the buyer?
Performing such ministerial acts is a violation of the broker’s brokerage engagement with the seller.
Performing such ministerial acts for the buyer forms a brokerage engagement with the buyer.
Performing such ministerial acts for the buyer cannot be construed to form a brokerage engagement with the buyer.
It is not permissible for a broker engaged by a seller to show alternative properties to prospective buyers.
Performing such ministerial acts is a violation of the broker’s brokerage engagement with the seller.
