Real Estate Sales Exam Flashcards
(263 cards)
Sherman Antitrust Act 1890
prohibits monopolistic practices (ie, price fixing, boycotting)
market allocation
agreement among competitors to divide market (violates antiturst provision)
group boycotts
when competitors get together and agree not to do business with someone
tie-in arrangement
requirement to buy one product or service on condition that you buy another product or service (ILLEGAL)
special agent
only handle one activity like selling property
general agent
handles a range of activities on behalf of a client (ie property manager)
universal agents
represent client on behalf of all real estate matters
principal
person you represent as an agent
customer
other party or third party
dual agency/limited agency
buyer and seller are represented by the same real estate agent
must get informed consent to represent both parties
transactional brokerage
broker represent neither buyer nor seller seller but can complete a transaction and be paid for it
(ie, broker bringers buyer and seller together, negotiates the deal and handles paperwork)
agency disclosure
given in writing and identifies who real estate agents represent
express agency
both parties state intention to enter into agency relationship
implied agency
created through the actions of the two parties
agency by estoppel
when principal doesn’t stop an agent from performing duties giving impression agency relationship has been established
agency by ratification
created by accepting circumstances that created the agency after the fact
agency coupled with an interest
agent has interest in the property that’s being sold
exclusive right to sell listing
exclusive right to sell - always paid
exclusive agency listing
exclusive right to sell - only paid if sold
open listing
agreement with any broker - only paid if sold
net listing
broker hired to sell property for certain amount - broker keeps any amount more than net price (illegal in NY)
option listing
clause in listing agreement gives broker right to buy the property
multiple listing service
marketing service that permits brokers to share listings with other brokers
Relationship between agent and principle
- Fiduciary - agent faithfully represents interests of the principal
- Accounting - client money kept in separate bank account
- Care - agent use their best efforts and skills on behalf of their clients’ interest
- Confidentiality - all information kept confidential
- Disclosure - reveal any information that would benefit your client
- Loyalty - put client interest above your own
- Obedience - follow instructions from principal unless illegal