SC Exam Prep Flashcards
A relationship, whereby one, called the principal, authorizes another, called the agent, to
represent the principal in business relations with third parties, is known as
a. agency.
c. apparent.
b. brokerage
d. authority
a. agency
This defines agency
One employed by and under the control of another known as the principal, to represent such
principal in business dealings with third parties is known as a/an
a. servant.
b. agent
c. independent contractor.
d. client
b. agent
This defines agent
In an agency relationship, the one who employs another to represent him or her in legal and or
business dealings with third persons is called an
a. agent.
b. attorney-in-fact.
c. customer.
d. principal.
d. principal.
This defines principal (client)
The brokerage firm employed by either a seller or buyer may employ associated licensees to
assist in meeting the obligations to the brokerage fit’s principal client. Those so employed
may be called
a. subagents of the brokerage firm.
c. fiduciaries,
b. special agents of the brokerage firm.
d. attorney-in-fact.
a. subagents of the brokerage firm.
The person(s) with whom a brokerage firm is working under a transaction brokerage agreement is a
a. client.
b. customer.
c. fiduciary.
d. principal.
b. customer.
One who is in a position of trust and confidence with respect to another is known as a/an
a. fiduciary.
b. independent contractor.
c. servant.
d. broker.
a. fiduciary.
A competent person who is authorized by another to act in his/her place as an agent is known
as a/an
a. attorney-at-law.
b. master.
c. servant.
d. attorney-in-fact.
d. attorney-in-fact.
A written instrument authorizing a person to act for another to the extent indicated in the instrument is called
a. power of attorney.
b. a listing contract.
c. a permission to act slip.
d. an employment agreement.
a. power of attorney.
An agency that is voluntarily created through a contractual agreement between the principal/client and the agent is known as a/an
a. implied agency,
b. sensible agency.
c. statutory agency.
d. express agency.
d. express agency.
A common law agency created by the conduct and acts of the principal and agent is called
a. implied agency.
b. sensible agency.
c. statutory agency.
d. express agency.
a. implied agency.
An agent, while working within the scope of his/her authority, binds his/her principal. The authority granted by a seller to a broker is expressed in the
a. buyer’s broker agreement.
b. listing agreement.
c. management contract.
d. option contract.
b. listing agreement.
A type of authority that is voluntarily and explicitly set forth as instructions by the principal in the agency agreement is called
a. implied authority.
b. necessary authority.
c. express authority.
d. statutory authority.
c. express authority.
Authority exercised by an agent which is in accord with usual or traditional practices is called
a. express authority.
b. traditional authority.
c. statutory authority.
d. implied authority.
d. implied authority.
One is authorized to conduct a series of transactions involving an ongoing relationship such as
a salesperson or broker employed by a broker-in-charge is
a. special agent.
b. disclosed agent.
c. necessary agent.
d. general agent.
d. general agent.
One authorized to conduct a single transaction or a series of transactions not involving an ongoing relationship is
a. special agent.
b. undisclosed agent.
c, general agent.
d. statutory agent.
a. special agent.
An agent disclosed to the customer that he/she represents a client and he/she also disclosed the client’s identity. What type of principal is the client?
a. undisclosed principal
b. disclosed principal
c. partially disclosed principal
d. general principal
b. disclosed principal
Which of the obligations of a principal to an agent is not automatic and must be agreed upon?
a. reimbursement
b. opportunity
c. good conduct
d. good faith
a. reimbursement
There are eight situations by which an agency can be terminated by operation of the law. Which is best for the agent?
a. lapse of time
b. performance
c. change of law
d. destruction of subject matter
b. performance
Broker Tom has a listing on property owned by seller Steve. Which of the following should broker Tom NOT disclose to buyer Bob?
a. Tom has seen evidence of termites.
b. Steve may take less than the listing price.
c. The building has structural defects.
d. Zoning makes the present use non-conforming
b. Steve may take less than the listing price.
Which of the following is correct concerning a listing broker’s obligations and
responsibilities to the seller?
a. The broker may buy the seller’s property and sell it to a prospect at a profit as long as the
profit is 6% or less.
b. The broker may relieve herself of any fiduciary responsibilities as long as they have been
delegated to any qualified agents that are licensed with her company.
c. The broker is obligated to obey all of the seller’s lawful instructions, even those with which she personally disagrees.
d. The broker has the implied authority to reject unreasonable offers to the principal,
c. The broker is obligated to obey all of the seller’s lawful instructions, even those with which she personally disagrees.
Broker Joyce received a full price offer on some property she had listed. The offer is contingent on the owner financing 90% of the price. Joyce feels the offer is unacceptable because the buyer has defaulted on other loans in the past, but she does not mention this to her client. Did Joyce meet her fiduciary duties?
a. Yes, because she delivered the offer regardless of her feelings about it.
b. No, because she may be able to get a better deal later.
c. Yes, since she did find a buyer who was willing to pay full price.
d. No, because she withheld relevant facts from her client.
d. No, because she withheld relevant facts from her client.
(Full disclosure is a fiduciary duty)
After listing a house for sale, a broker incurs $37 in advertising expense and $17 in taxi fares
for prospects interested in the property. For which expense should the seller reimburse the
broker?
a. only advertising expenses, as taxi fares are not a normal expense of a listing broker
b. advertising expenses and transportation costs incurred in an attempt to market the listed
property
c. expenses are never reimbursed to a broker by a seller as part of a listing agreement
d. only those expenses agreed upon by the seller and the broker as part of the listing agreement.
d. only those expenses agreed upon by the seller and the broker as part of the listing agreement.
A broker took an exclusive listing contract on a seller’s home. The seller told the broker the roof leaked, but the broker made no notation on the listing. Later, a buyer made an offer on the property that the seller accepted. The broker lied when the buyer made his/her offer; telling him/her the roof was in good condition. After the buyer took possession, he/she discovered the truth during the first rain. Responsibility for the misrepresentation rests with
a. the broker only.
b. the seller only,
c. both the broker and the seller.
d, after possession, caveat emptor applies.
c. both the broker and the seller.
During the period of an exclusive right-to-sell listing, if the principal no longer wishes to be
represented by the brokerage firm, the principal may
a. revoke the agency created by the listing contract but may be liable for damages,
b. revoke the listing contract and not be liable for damages.
c. not revoke the agency because an exclusive right-to-sell listing is an irrevocable contract.
d. be forced to sell the property in accordance with the terms of the listing.
c. not revoke the agency because an exclusive right-to-sell listing is an irrevocable contract.