What mistakes did Erik appear to make when the property was purchased?
Assuming he could use the property however he saw fit
Not knowing enough about the property before purchasing
Not using a real estate agent
If Erik had hired his own agent and the agent assured him that the property was suitable for his plans, would Erik have a cause for action against his agent?
The answer is yes. If Erik's agent assured him that the property was suitable for his plans, Erik could in turn take action against the agent. If the seller had used the services of a real estate agent, and the agent had learned of the Erik's plans, there is a possibility that Erik could sue the seller's real estate agent for failing to disclose the limitations on the property's use as well.
Agent
individual who is authorized and consents to represent the interest of another person
Agency
Fiduciary relationship between the principle and the agent
customer
third party or non represented consumer
principal
individual who hires someone and delegates to that person the responsibility of representing his or her interests
The fundamentals of general agency law have changed dramatically over the past two hundred years.
False
In traditional common law, the relationship in which the agent is held in a position of special trust and confidence by the principal is one of a fiduciary.
true
Express Agency
Buyer signs representation agreement
Implied Agency
Broker shows homes and makes offer for buyer
Express Agency
Seller signs listing agreement
Implied Agency
Buyer asks to see other homes at open house
Accounting
Following state law regarding the receipt of funds from the clients and customers
loyalty
refusing to withhold an offer from a seller until a second offer is received
obedience
following a buyers instructions
confidentiality
keeping the principals personal information private as to the type of property that is sought
care
using a reasonable degree of skill and expertise in acting on a principal's behalf
disclosure
revealing to a prospective buyer that the agent is related to the property seller
An express agreement occurs when the actions of the parties indicate that they have mutually consented to an agency.
false
An express agreement, in which the parties formally express their intention to establish an agency and state its terms and conditions, may be either oral or written.
true
Designated Agent
A sales associate designated by the broker to act as the agent of a specific principle
special agent
represents the principal in one specific act or transaction only. A real estate professional usually falls within this category
universal agent
a person empowered to do anything the principal could do personally
general agent
represents the principal in a broad range of matters related to a particular business or activity
The universal agent's authority to act on behalf of the principal is significantly limited.
false
A universal agent is a person empowered to do anything the principal could do personally.
true
Even though an agent’s primary responsibility is to the principal, the agent also has a duty to treat customers with honesty. For each statement, determine if it would be interpreted as fraud or just puffing.
Puffing- A real estate professional states that a property is finished as beautifully as a magazine layout.
Puffing-A real estate professional states that a small house is quite desirable because it is cozy.
Puffing-A real estate professional states that the floor plan of a house is desirable because the master bedroom is adjacent to the kitchen.
Fraud-Real estate professional states that a home is structurally sound even though he is aware that the foundation walls are significantly damaged.
Fraud-Real estate professional makes a false statement about a property.
Fraud-Real estate professional states that the furnace is only two years old when in fact it is ten years old.
Exaggeration of a property's benefits is called puffing and is illegal.
False
The real estate professional's duty to a third party (customer) includes disclosure of all facts that the real estate professional knows or should reasonably be expected to know that materially affect the value or desirability of the property.
true
Evidence of an agency relationship can be found in
the conduct of the parties.
When considering whether or not to reveal information regarding a stigmatized property, a real estate professional should be aware of
any relevant state laws
A real estate broker is employed by a buyer, as an agent. When the broker finds a property the buyer might be interested in buying, the broker is careful to find out as much as possible about the property's owners and why the property is on the market. The broker's efforts to keep the buyer informed of all facts that could affect a transaction is the duty of
disclosure.
A real estate agent's duty of confidentiality usually extends for how long?
The period of time specified in state law
In a dual agency situation, if it is permitted by state law, a broker may represent both the seller and the buyer in the same transaction provided
both parties consent in writing to the dual agency.
Which of the following is considered lawful practice in real estate brokerage?
Exaggerated statements about the property
A real estate broker acting as the agent of the seller
must promote and safeguard the seller's best interests.
A buyer's agent, upon learning that the home being purchased is to house a dog-grooming business, didn't check zoning. What fiduciary duty did the buyer's agent violate?
Care
Buyers hire an agent to help them purchase a home and want seller financing because they filed for bankruptcy two years ago. The agent is
required to disclose the information because it is a material fact important to the seller.
The functions of a facilitator or intermediary are those of
a nonagent.
Which event will terminate an agency in a broker-seller relationship?
The owner declares personal bankruptcy.
The laws enacted by a legislature make up
statutory law.
Which of the following is NOT a valid reason to terminate an agency relationship?
The buyer wanted to work with a new agent, but the terms of agency had not yet expired and the current agent did not agree to terminate.
Which statement is TRUE of a real estate broker acting as the agent of the seller?
The broker is obligated to render loyalty to the seller.
The relationship of broker to client in an agency relationship is that of
a fiduciary.
Upon discovering a latent defect in a property, the real estate professional should discuss the problem with the seller and then
inform any prospective buyers of the defect.
Agency relationships in real estate are regulated by which kind of law?
Administrative law
Common law
Statutory law
Some states allow two sales associates in the same brokerage to represent opposing sides to a transaction without creating a dual agency by using
a designated agency.
The agent is held in a position of special trust and confidence by the principal when the agent is considered
a fiduciary.
The federal legislation known as Megan's Law has promoted the establishment of
state registries of residential information on sex offenders.
When the broker should have known that a statement about a material fact was false, it is considered
negligent misrepresentation.
Designated agency is MOST likely to occur when
the buyer and the seller are represented by the same company.
In MOST situations, the relationship between real estate broker and seller is what type of agency?
Special