Chapter 3 Law of Agency Flashcards Preview

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Flashcards in Chapter 3 Law of Agency Deck (46)
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1

The creation of Agency

A contractual agreement between the broker & the buyer or seller.

2

Fiduciary Relationship

It requires the agent to put the principal's interest above all others. Including the Broker and the agent his or her self. It is built on trust.

3

Fiduciary's responsibilities

NOCAL
N= Notice
O= Obedience
C= Care
A= Accounting
L= Loyalty

4

Real Estate Agent can act as:

1) Seller's Agent
2) Buyer's Agent
3) Disclosed Dual Agent
4) Transaction Broker

5

Fiduciary's responsibilities: Continued; NOTICE

. It is the agent's duty to pass on to the principal all the facts or information he or she obtains that could affect the principal's interests. ALL WRITTEN OFFERS MUST BE PRESENTED IMMEDIATELY.

6

Breach of duty of Notice

When an agent does not discloses any changes, any offers to the principal.

7

Fiduciary's responsibilities: Continued: OBEDIENCE

The agent is obligated to obey the principal's lawful instructions.

8

Breach of Duty of Obedience

The failure to obey the principal's lawful instructions.

9

Fiduciary's responsibilities: Continued; CARE

The duty of care requires the seller's agent to be knowledgeable about all aspects of the property to arrive at a reasonable price

10

Breach of Duty of Care

The failure to be properly informed about a property's condition and value, and to effectively navigate the transaction through to closing, constitutes a breach of duty of care.

11

Fiduciary's responsibilities: Continued: ACCOUNTING

The agent is obligated to safeguard and account for all money or property entrusted to his or her professional care.

12

Breach of Duty of Accounting

The failure to inform the seller of the exact form and status of the deposit. The broker clearly owes the seller an accounting of the exact status of the deposit and disclosure a key element.

13

Fiduciary's responsibilities: Continued; LOYALTY

An agent must always place a principal's interests above those of other persons, including the the agents own interests.

14

Breach of Duty of Loyalty

An agent cannot advance their interest at the expense of the principal's any attempt to profit from a transaction except through the agreed on commission is a breach of Loyalty.

15

Customer

A buyer you work with. No Agency Relationship established.

16

Real Estate salesperson is:

Is an agent of the broker and a sub agent of the principals.
Is an independent contractor. They are not employees.

17

Commission

An agent's commission is paid only by the broker they are with. No other broker pay the agent a commission. The broker has to pay the agent's commission within 10 days.

18

Ready, willing and able buyer

Is one who is prepared to buy on the seller's terms, is financially capable, and is ready to take positive steps towards consummation of the transaction.

19

The reasons a deal falls through, the Broker may be still entitled to a commission

1) The owners changes their mind and refuses to sell
2) There are defects in the owner's title that are not corrected.
3) The owner commits fraud with the respect to the transaction
4) The owner is unable to deliver possession within a reasonable time.
5) The owner insists on terms not on the listing. (Example: The right to restrict the use of the property)
6) The owner and the buyer enter into a contract but later agree to cancel the transaction.
In other words, if the sale is not finalized because of the principal's default.

20

Disclosure of Agency

NJ regulations require all agents to present a CIS (Consumer Information Statement) to all sellers, buyers, landlords, and tenants on the sale or rentals of all one ti four family residential properties.

21

Attorney-in-fact

Person authorized to act under the power of attorney.

22

Broker

One authorized to act for another in real estate transactions.

23

Fraud

Intentional or unintentional misleading of another, who is harmed thereby.

24

General Agent

One empowered for a wide range of actions

25

Dual Agency

Brokers taking both parties (Seller & Buyer) as principals.

26

Client

Principal who engages the agent

27

Disclosure

Revealing to another any pertinent information

28

Latent Defect

Problem not discoverable by normal prudent inspection.

29

Law of Agency

Rules governing conduct of agents

30

Listing Agreement

Contract by which the owner retains a broker to find a buyer.