real estate legal aspects unit 13 Flashcards


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1

O. unauthorized practice of law

Misdemeanor under Business and Professions Code §6125

2

B. contra proferentem

Ambiguous terms in a contract should be interpreted against the party
drafting the document

3

C. electronic record

Record created, generated, sent, communicated, received, or stored by
electronic means

4

D. electronic signature

Electronic sound, symbol, or process attached to or logically associated
with a record and executed or adopted by a person with the intent to sign
the record

5

F. listing agreement

Written contract by which a principal, or seller, employs a broker to sell
real estate

6

H. no deal, no commission clause

Clause expressly stating that no commissions are paid unless the property
actually sells

7

L. procuring cause

Person responsible for the ultimate sale of real property so as to be
entitled to a commission

8

N. safety clause

Clause protecting listing broker’s commission, if the owner personally sells
the property to someone who was shown the property or made an offer
during the term of the listing

9

E. exclusive agency listing

Listing in which the broker is entitled to a fee only if the seller does not
find a buyer on his or her own

10

I. open listing

Listing, not exclusive to one broker

11

G. net listing

Listing between a broker and a seller setting the broker’s fee above a
certain minimum amount

12

A. buyer representation agreement

Employment contract between a buyer and a broker

13

M. purchase agreement

Original purchase contract between the buyer and seller

14

J. option

Contract to keep an offer open for a set period of time

15

K. optionee

Person who wants to purchase or lease property under an option