Agency vocab Flashcards
(31 cards)
Accounting
The fiduciary duty of a broker to maintain and preserve the property and money of the principal
Agency by estoppel
Apparent agency is also known as agency by estoppel
Agency coupled with an interest
An irrevocable agency under which the agent has an interest in the subject matter of the agency
Agency obligations
?
Buyer agency representations
A broker who exclusively represents the buyer in a fiduciary capacity
Care and skill
Fiduciary obligations imposed upon a principals broker during an agency relationship
Cloud on title
An apparent defect in a deed mortgage or any other instrument
Conflict of intrest
if the agent is potentially or actual unable to put his own on another party’s interests before those of his client
Disclosure
- Oregon does have some specific agency disclosure rules of which brokers should be aware.
Disclosed limit agency
Dual agency occurs when one agent represents both the buyer and the seller in the
same transaction,
Estoppel
A stop; a plea in bar, grounded on a man’s own act or deed,
Exclusive agency representative
?
Expressed agency
Express agency arise from express written or oral authorization of an agent by a principal
Fiduciary duty
The relationship of trust that buyers and sellers expect from a real estate agent.
Fiduciary obligations
Professional obligations and duties placed upon a broker when in an agency
relationship with a principal.
Fiduciary relationship
- Agency is a fiduciary relationship in which one party,
General agent
- One authorized by a principal to perform any and all acts associated with the continued operation
of a particular job or a certain business of the principal
Implied agency
An implied agency relationship exists where the actions of the principal imply an intention to
create an agency relationship.
Independent contractor
A person or business who per-forms services for another person under an express
or implied agreement and who is not subject to the other’s control,
Latent defects affecting title
Any hidden or undisclosed material fact adversely affecting title.
Loyalty
The duty of loyalty obligates the agent not to use his position to further his own or another party’s interests
before those of the principal.
Material facts
?
Obedience
An agent must do what the principal requires,
Ratification
Ratification occurs when a principal acts in a way that endorses the actions of another person who was
acting in her behalf without authorization.