unit 12 Flashcards

1
Q

An agency relationship may be terminated for a number of reasons. Which wouldNOTbe just cause for terminating a listing agreement?

A

The death of the listing sales agent

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2
Q

If a sales agent is at a parent school night and talks with other parents about “what they do for a living,” at what point might the sales agent be obligated to provide an agency disclosure?

A

If a parent happens to zero in on a specific property the sales agent has listed

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3
Q

May a seller refuse to a pay a commission if a buyer refuses to pay full price for a property?

A

The listing agreement properly signed by the seller and the broker is a legal document that sets compensation.

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4
Q

Which of the following prohibits email-based marketing of a real estate listing if the subject line of the advertisement contains false, misleading, or deceptive information?

A

CAN-SPAM Act

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5
Q

Must real estate properties for sale be listed only on TREC-approved real estate sites?

A

No, TREC only has authority over license holders.

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6
Q

A seller lists his home with a sales agent for a local large brokerage. Another sales agent working for the same brokerage brings a buyer. Is the seller obligated to pay a full commission under an exclusive right-to-sell agreement?

A

The listing agreement is the ruling document, meaning that the seller would owe the commission regardless of where the buyer came from.

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7
Q

EPA Renovation, Repair, and Painting (RRP) regulations require which action?

A

Sellers and landlords must hire certified renovators to complete repairs that disturb more than 6 square feet of surface area for interior work or 20 square feet for exterior work.

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8
Q

If a seller lists property with a broker who is a member of a multiple listing service, which of the following applies?

A

The listing broker may offer differing amounts of compensation to subagents and to buyer agents.

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9
Q

Sellers and landlords must disclose to buyers and tenants any knowledge of lead-based paint in properties built before

A

1978.

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10
Q

Should a buyer agent discourage a buyer from looking at property that doesNOTmake a seller disclosure notice readily available?

A

The buyer agent should neither encourage nor discourage the buyer but should advise extreme caution.

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11
Q

A listing contract is

A

a contract of employment.

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12
Q

The governing body of a municipality or county has undertaken an improvement project, such as landscaping, erecting fountains, or installing special lighting, that benefits a definable part of the community. In turn, the owners of those properties pay an annual assessment to cover the costs and maintenance. If a property being sold is subject to such an assessment, the purchaser must be given

A

a notice of obligations related to public improvement district (PID).

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13
Q

If the broker has done nothing to market the property, the seller may be able to terminate the listing due to

A

abandonment by the broker.

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14
Q

What is a real estate advertisement under TREC rules?

A

An advertisement is any form of communication by or on behalf of a license holder designed to attract the public to use real estate brokerage services.

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15
Q

After mold damage to a property has been remediated, a seller is required to give a copy of the certificate of mold remediation to a buyer. For how many years does this obligation extend?

A

5

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16
Q

Is it possible for consumers to discriminate against some telemarketing calls?

A

Yes, consumers may direct individual companies to stop calling them.

17
Q

According to surveys, what is the strongest venue for selling real estate?

A

The internet

18
Q

An area of needless controversy that seems to come up regarding many listing is

A

number of rooms and accurate measurements.

19
Q

There are an assortment of reasons why sellers might “fire” their listing agent. What are legitimate reasons for listing agents to “fire” their client?

A

Failure to consistently keep the property clean and “showable”
Repeated rejection of showing opportunities because of inconvenience
Failure to make full disclosures of serious property issues

20
Q

Because home builders are not required to provide property disclosures, should buyers also bypass home inspections?

A

No, new homes can have serious flaws that can be detected in home inspections.

21
Q

If a seller believes—but is not certain—that a friend wants to buy his house, what kind of agreement should he sign with a broker?

A

An exclusive agency listing

22
Q

The amount of commission is determined by

A

negotiation between the seller and the broker.

23
Q

Under what conditions may a seller refuse to pay a listing broker?

A

If the listing broker failed to meet the terms of the listing contract, such as widely market the property, negotiate effectively, or generally show a lack of competence in the transaction

24
Q

The Texas Real Estate Commission recommends that brokers and sales agents considering online promotions or telemarketing campaigns do what?

A

Contact appropriate legal counsel to stay within guidelines

25
Q

Which ultimately decides the listing price of the property?

A

Seller

26
Q

A seller of unimproved property located in a certificated service area of a utility service provider, must give written notice to a purchaser of which of the following?

A

That extension of water or sewer services might require additional expense to the purchaser
That there might be a delay in the utility’s ability to provide services

27
Q

Can a real estate licensee with an agency agreement with a buyer collect a commission on a deal with a seller who is unrepresented (for sale by owner)?

A

Yes, if there is an agreement in writing to be compensated by either the buyer or the seller

28
Q

May sellers disclose the fact that a sex offender lives in a neighborhood?

A

Yes.

29
Q

Penalties for violating do-not-call regulations may be

A

fines up to $11,000 per call, or $16,000 if made from a robocall system.

30
Q

If a seller of vacant land doesNOTinclude in the contract a disclosure notice regarding the possible liability of the purchaser for additional taxes, the responsibility for additional taxes and interest belongs to

A

the seller.

31
Q

When taking listing information, why must sales agents be careful what they write about such facilities as churches and schools?

A

Because of fair housing laws

32
Q

Which sellers must provide a seller’s disclosure notice to a buyer on or before the effective date of a contract?

A

Seller of residential property of not more than one unit

33
Q

A homeowner gives open listings to three brokers. The brokers

A

each have the opportunity to earn the entire commission.

34
Q

If the seller’s disclosure notice isNOTgiven before the execution of the contract, the purchaser may, within seven days after receiving the notice, terminate the contract

A

for any reason.

35
Q

If a property is being transferred through a will to a family member, is a disclosure necessary?

A

No, a property transferred via a will does not need a disclosure.