Deck 1 Flashcards

(40 cards)

1
Q

Fiduciary Duties

A
Care 
Obedience 
Accounting 
Loyalty 
Disclosure/Notice 
(Coaln/ Coald)
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2
Q

Sellers Agent

A

If principal in relationship is the seller then the broker is the sellers agent.

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3
Q

Buyers Agent

A

If principal in relationship is buyer/buying. Broker is buyers agent

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4
Q

Listing Agent

A

This is the licensee who lists the sellers property.

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5
Q

Selling Agent

A

This is the licensee who brings a buyer to complete the transaction

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6
Q

Disclosure Regarding Real Estate Agency Relationship

A

Used to disclose type of relationship with principal (single,dual,buyers,sellers)

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7
Q

Real Estate Transfer Disclosure Statement

A

2 page statement
A) identified items in home and wether or not they’re operational
B) describes any significant defects
C) identifies misc items, hazards, easements, alterations, zoning, etc.

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8
Q

Agents Inspection Disclosure

A

When agent reports results from their inspection.
Look for: structural defects, deterioration, water damage, insect damage

No exemptions, if agent doesn’t comply buyer has 2 yrs from date of possession to file suit

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9
Q

Residential Earthquake Hazard Report

A

Booklet: homeowners guide to earthquake safety. Helps agents, sellers and buyers become familiar.
Seller fills out and signs and is subsequently signed by buyers as acknowledgement

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10
Q

Combined Hazard Book

A

3 books in one:
•residential environmental hazards guide- includes toxic mold update
•Protect family from lead in your home- for homes built prior to 1978
•Homeowners guide to earthquake safety- includes gas shutoff valve update

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11
Q

Natural Hazards Disclosure statement

A
Seller must indicate if property is in one or more of these areas:
•special flood hazard area 
•potential flooding area
•very high fire hazard zone 
•state fire responsibility area 
•earthquake fault zone 
•seismic hazard zone
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12
Q

Lead based paint disclosure

A

Sellers/landlords of residence built prior to 1978 must fill out & sign & provide prospective buyer/tenants a lead based paint disclosure, regardless if owners know it was used or not

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13
Q

Military ordinance

A

If residential property is within 1 mile of former military training site. Must be known in writing it may contain ammunition or explosives

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14
Q

Sex offender database

A

California requires every sale/lease contract contain notice of info about sex offenders registered under Megan’s Law.

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15
Q

Seller financing addendum & disclosure

A

When the seller financing arrangements on all 1-4 unit dwellings must be disclosed to both seller & buyer using this form

  • falls on person arranging the credit, usually agent or attorney
  • must be made before any note is executed
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16
Q

Adjustable rate loan disclosure

A

Lenders offering adjustable rate mortgage loan must provide buyer with a copy of most recent Federal Reserve Board book called Consumer Handbook on Adjusted Rate Mortgage

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17
Q

Real Este Settlement Procedures Act (RESPA)

A

Requires borrowers receive various disclosures regarding the proposed loan transactions

18
Q

Public report

A

A statement from DRE that discloses to prospective buyers pertinent facts about a subdivision

19
Q

Sellers Market

A

High demand- market is good

Area have a scarcity of lower priced homes with many more buyers than homes available

Good time to sell, high demand more likely to get full price for home

20
Q

Buyers Market

A

Low demand- home cheaper than normal

Area with larger number of higher priced homes for sale and only a few buyers for that price range

Good time to buy, pay less for nicer home

21
Q

Residential property

A

Land/ improved property with buildings designed for humans to live in.

22
Q

Industrial property

A

Land for industrial purposes such as warehouses, factories, and power plants

23
Q

Commercial Property

A

Income producing property

Such as office buildings, restaurants, malls, hotels etc. some industrial may fall into this area

24
Q

Agricultural property

A

Land used primarily for growing crops, raising livestock, farms, pasture land orchards, and Timberland

25
Special purpose property
Has a unique use to the person who owns it, churches, hospitals, schools and government buildings
26
Recreational property
Use for leisure activities such as parks, Forest, timeshares, and camp ground
27
Investment property
Any property being held as an investment to generate income or profit Any residential, commercial/industrial can be considered an investment property
28
Areas of specialization
•Type of property- residential, commercial etc. transactions • Clients-Represent seller and landlord or buyer and tenant exclusively •Geography-Define a “religion” •Business type-focus exclusively on one type of client example hospital client/fast food (also transactions, auction sales, and mortgage loans)
29
Safe harbor test
Federal tax law requires to establish that a person is indeed an independent contractor Three conditions of test are: •person be properly licensed •gross income based on production not hours worked •written agreement clearly stating independent status
30
Fidelity bond
For broker to get if licensee is a property manager having access to money of others To protect from any embezzlement by such licensee
31
Redlining
Restricting number of loans in certain areas of the community. Which is illegal.
32
Unruh act
Protection from discrimination against sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation. File within one year of alleged discrimination
33
Ethics in real estate
Trustworthiness, honesty, and competence | eTHiCs
34
Unruh civil rights act
- Protection from discrimination by all business establishments - Housing meet physical and social needs of senior citizen decisions is exempt from this act - Complaint filed within one year
35
Fair employment and housing act
Prohibits- Discrimination in negotiation of financing Evection of person in relation for seeking to uphold this act Refusal to reasonably accommodate a handicap/ disabled person
36
Housing financial discrimination act
Holden act- Prohibits financial Institutes from discriminating and loan activities on various basis
37
Agency
# Define basic relationship between broker in person he/she represents in the transaction – in Cali agent defined as a person licensed as a real estate broker. Associate licensees work under broker
38
Agency Relationship
Created when person (buyer/seller) delegates to another person (agent) the right to act on his/her behalf in business transactions with third parties
39
Single agent
Agent represents only one party for a single transaction All other parties are customers, not clients.
40
Dual agency
Representing both parties in the same transaction (seller and buyer) Must have written consent