Overall Flashcards

(30 cards)

0
Q

What three types may an agent be classified as?

A

Universal agent
General agent
Special agent

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1
Q

An agent is a relationship between a licensee and?

A

A seller
A buyer
A landlord
A tenant

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2
Q

Under what type of agency agreement, the principal delegates authority to conduct a specific activity, after which the agency relationship terminates. In most cases, this agent may not bind the principal to a contract.

A

Special agent

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3
Q

In a _ agency relationship, the principal empowers the agent to perform any and all actions that may be legally delegated to an agency representative. The instrument of authorization is the power of attorney.

A

Universal agent

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4
Q

In a _ agency, the principal delegates to the agent ongoing tasks and duties within a particular business or enterprise. Such delegation may include the authority to enter into contracts.

A

General agent

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5
Q

In most instances, real estate brokerage is based on what type of agency?

A

Special agency

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6
Q

An agency relationship in which the agent has an interest in the property that is being sold.

A

An agency coupled with an interest.

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7
Q

A _ is a person who is empowered by contract to represent the interests of a client, also known as a principal.

A

Agent

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8
Q

What kind of relationship is one of utmost trust?

A

Fiduciary

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9
Q

The duties that the agent owes his or her principal are:

A

(COALD or COALN)

Care / Obedience / Accountability / Loyalty / Disclosure or Notice

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10
Q

The law expects an agent to do his or her job with a reasonable degree of what?

A

Care, skill and diligence

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11
Q

If the agent represents the seller, exercising care and skill include:

A

Helping the seller set a realistic asking price.
Discovering and disclosing facts that affect the seller.
Presenting contracts properly.
Marketing the property effectively.
Helping the seller evaluate purchase offers.

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12
Q

If the agent represents the buyer, exercising care and skill includes:

A

Helping the buyer locate appropriate housing.
Evaluating property values and property conditions.
Determining financing alternatives.
Presenting offers and counteroffers with the buyers interests in mind.

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13
Q

What requires an agent act in good faith and obey the principals directions as outlined in the contract, as long as they are legal.

A

Obedience

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14
Q

If a directive is illegal and the agent cannot get the client to remove it from the contract, what should the agent do?

A

Withdraw from the relationship.

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15
Q

An important duty owed to clients is?

A

Accountability

16
Q

Brokers must retain documents from clients for at least how many years?

17
Q

What duty requires the agent to place the clients interests above those of all others, including his or her own?

18
Q

If the agent represents the seller, he or she may not disclose without the sellers express permission such things as:

A

Clients willingness to accept an offer lower than asking price.
Clients anxiousness to sell.
(However, the agent must disclose material facts about the property)

19
Q

If the agent represents the buyer, he or she may not disclose without the buyers express permission such things as:

A

Clients willingness to pay more than asking price.

Clients need or desire to move quickly.

20
Q

What fiduciary duty is it when an agent is bound to inform the client of all facts that might affect the clients interests in the transaction? (Facts that the agent knows and should have known)

21
Q

An agent for a seller has a duty to disclose such things as:

A

Purchase offers.
Who the prospective purchasers are and if the agent has a relationship with them in any way.
Ability of the purchaser to complete the transaction.
Ability of the purchaser to offer a higher price.
Purchasers intention to resell the property for a profit.

22
Q

An agent for the buyer has a duty to disclose such things as:

A

Deficiencies in the property.
Any contract provision of financing terms that don’t suit the buyers interests.
How long the property has been listed.
Why the seller is selling.

23
Q

What exception exists to the duty of obedience when working with a client?

A

An agent is not bound by the duty of if the principals directions are not legal.

24
An agents fiduciary responsibilities to a client usually end when the transaction closes. This is not true of which duty?
Confidentiality. This duty extends beyond the termination of the relationship. No personal info gained during the term of the agreement can ever be disclosed to another party.
25
A broker is authorized by the client to find a ready, willing and able, buyer, but this authorization usually does not include authority to perform such actions as:
Signing contracts for the seller. Initialing changes to an offer. Permitting early occupancy.
26
The authority granted to the broker is outlined in the listing agreement, which typically authorizes the broker to perform these actions:
``` Place a sign on the property. Advertise the property. Show the property. Cooperate with other brokers. Use a multiple listing service (MLS) Accept earnest money deposits. ```
27
Agents owe what duties to a customer?
Honesty and fair dealing. Reasonable care and skill. Proper disclosure.
28
The principal has what obligations to an agent in an agency relationship?
Availability, information, and compensation.
29
What are several principals that govern an agency relationship?
Both parties must consent to the relationship. Both parties must agree to form the relationship. The relationship is fiduciary