Quizlet Transfer Flashcards
Holds the principal responsible for actions performed by their agent
General Agency
The broker is the ______ of the agent.
Principal
The relationship between a broker & their sponsored agent is an example of a _____ relationship.
General Agency
The relationship between a broker & their client is an example of a _____ relationship.
Special Agency
The relationship between an adult son who is asked to oversee the affairs of his elderly father is an example of a/an _____ relationship.
Universal Agency
Created by a written/oral agreement between the principal & the agent.
Express Agency
Outlines the relationship & the duties of each party to the listing agreement
Express Agency
• There is nothing in writing
• Agency relationship is recognized bc of the actions, conduct, & words of both parties
Implied Agency
Occurs when a broker or sales agent has done something on behalf of, but w/o prior authorization of, a principal
Agency by Ratification
• Law passed in 1890 that prohibits trusts , contracts, combinations, or conspiracies in the restraint of trade or commerce
• Essentially made monopolies illegal
Texas Fair Enterprise & Antitrust Act of 1983
Outlaws price fixing
Sherman Antitrust Act
Serves to keep competition high, keep the quality of services & products at the highest level, & allow capitalism to work the way it is supposed to
Sherman Antitrust Act
When should agency relationships be disclosed?
At an initial meeting - orally or in writing
To have a legal & ethical responsibility to act in their client’s best interest
Fiduciary
What are the Fiduciary Duties?
OLD CAR:
Obedience
Loyalty
Disclosure
Confidentiality
Accounting
Reasonable Care
According to the Texas Real Estate License Act, when must the written statem’t providing the Information about Brokerage Services be provided?
At the first substantive dialogue
When a broker represents both sides (buyer & seller or landlord & tenant) of a real estate transaction
Intermediary Broker
Operation expenses for property are collected from the association (usually a monthly fee)
Condos
Hallways, elevators, stairwells, pools, recreational facilities, laundry rooms, parking lots
Common Elements
The title for the apartment building belongs to a legally created entity
The Cooperative
• Every resident buys stock in this & receives a proprietary lease for one of the units
• The ______ pays taxes, loans, & other expenses
Cooperative
“Maintenance payment”
“Common charges”
“Monthly Assessment”
“Mortgage”
Monthly fee co-op owners must pay for various expenses
Can also pay for upgrades that all co-op owners approve “ex: pools, recreation areas, other amentities”
Monthly Assessments
Examples are high rise apartments & single-family homes
Cooperative