Overall Flashcards
(30 cards)
What three types may an agent be classified as?
Universal agent
General agent
Special agent
An agent is a relationship between a licensee and?
A seller
A buyer
A landlord
A tenant
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.
Special agent
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.
Universal agent
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.
General agent
In most instances, real estate brokerage is based on what type of agency?
Special agency
An agency relationship in which the agent has an interest in the property that is being sold.
An agency coupled with an interest.
A _ is a person who is empowered by contract to represent the interests of a client, also known as a principal.
Agent
What kind of relationship is one of utmost trust?
Fiduciary
The duties that the agent owes his or her principal are:
(COALD or COALN)
Care / Obedience / Accountability / Loyalty / Disclosure or Notice
The law expects an agent to do his or her job with a reasonable degree of what?
Care, skill and diligence
If the agent represents the seller, exercising care and skill include:
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.
If the agent represents the buyer, exercising care and skill includes:
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.
What requires an agent act in good faith and obey the principals directions as outlined in the contract, as long as they are legal.
Obedience
If a directive is illegal and the agent cannot get the client to remove it from the contract, what should the agent do?
Withdraw from the relationship.
An important duty owed to clients is?
Accountability
Brokers must retain documents from clients for at least how many years?
3
What duty requires the agent to place the clients interests above those of all others, including his or her own?
Loyalty
If the agent represents the seller, he or she may not disclose without the sellers express permission such things as:
Clients willingness to accept an offer lower than asking price.
Clients anxiousness to sell.
(However, the agent must disclose material facts about the property)
If the agent represents the buyer, he or she may not disclose without the buyers express permission such things as:
Clients willingness to pay more than asking price.
Clients need or desire to move quickly.
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)
Disclosure
An agent for a seller has a duty to disclose such things as:
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.
An agent for the buyer has a duty to disclose such things as:
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.
What exception exists to the duty of obedience when working with a client?
An agent is not bound by the duty of if the principals directions are not legal.