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The relationship between a principal and an agent when in the agent is authorized to represent the principal in certain trasactions
Agent
One who acts or has the power to act for another. A fiduciary relationship is created under the law of agency when a property owner, as the principal, executes a listing agreement or management contract authorizing a licensed real estate broker to be his or her agent. A prospective property buyer may authorize a overview real estate broker to act as the buyer’s agent to find a suitable property
Buyer representation agreement
A principal-agent relationship in which the real estate professional acts on behalf of the buyer, usually as an agent, with fiduciary responsibilities to the buyer
Buyer’s agent
A real estate professional who is under contract to locate property for a buyer and represent the buyer’s interests in a transaction
Client
The principal in an agency relationship or other form of representation
Customer
The third party or non-represented consumer for whom some level of service is provided
Designated agency
A process that accommodates an in-house sale in which two different agents are involved. The broker designates one agent to represent the seller and one agent to represent the buyer
Designated agent
A real estate professional authorized by a broke to act as the agent for a specific principal in a particular transaction; also may be called assigned agent or appointed agent
Dual agency
Representing both parties to a transaction. This is unethical unless both parties agree to it, and it is illegal in some states
Express agency
An agency relationship based on a formal agreement between parties
Express agreement
An oral or written contract in which the parties state the contract’s terms and express their intentions in words
Fiduciary
One in whom trust and confidence is placed; a reference to a real estate professional employed under the terms of a listing contract or buyer representation agreement
Fiduciary relationship
A relationship of trust and confidence, as between trustee and beneficiary, attorney and client, or principal and agent
Fraud
Deception intended to cause a person to give up property or a lawful right
General agent
One who is authorized by a principal to represent the principal in a specific range of matters
Implied agency
If the actions of the parties imply that they have mutually consented to an agency relationship, an implied agency relationship is formed
Implied agreement
A contract under which the agreement of the parties is demonstrated by their acts and conduct
Latent defect
A hidden structural defect that could not be discovered by ordinary inspection and that threatens a property’s soundness of the safety of its inhabitants, some states impose on property sellers and eat estate professionals a duty to inspect for and disclose latent defects
Law of agency
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Listing agreement
A contract between an owner (as principal) and a real estate professional (as representative of the owner) by which the real estate professional is employed to find a buyer for the owner’s real estate on the owner’s terms. For which service the owner agrees to pay a commission or other form of compensation
Negligent misrepresentation
Occurs when the real estate professional should have known that a statement about a material fact was false
Non-agent
An intermediary between a buyer and a seller, or a landlord and a tenant, who assists one or both parties with a transaction without representing either. Also known as a facilitator, transaction broker, transaction coordinator, and contract broker
Principal
1. A sum loaned or employed as a fraud of an investment, as distinguished from its income of profits
2. The original amount (as in a loan) of the total due and payable at a certain date
3. A main party to a transaction — the person for whom an agent works
Puffing
Exaggerated or superlative comments or opinions
Single agency
Agency relationship in which the agent represents only one party to a transmission
Single agent
One who is authorized by a principal to perform a single act or transaction; a real estate professional is usually a special agent authorized to find a ready, willing, and able buyer for a particular property, when representing a seller, or a special agent authorized to find a suitable property; when representing a buyer
Transaction broker
Helps both the buyer and the seller with paperwork and formalities in transferring ownership of real property, but who is not an agent of either party
Universal agent
A person empowered to do anything the principal could do personally