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52 notecards = 13 pages (4 cards per page)

Viewing:

unit 9 real estate

front 1

What mistakes did Erik appear to make when the property was purchased?

back 1

Assuming he could use the property however he saw fit

Not knowing enough about the property before purchasing

Not using a real estate agent

front 2

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?

back 2

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.

front 3

Agent

back 3

individual who is authorized and consents to represent the interest of another person

front 4

Agency

back 4

Fiduciary relationship between the principle and the agent

front 5

customer

back 5

third party or non represented consumer

front 6

principal

back 6

individual who hires someone and delegates to that person the responsibility of representing his or her interests

front 7

The fundamentals of general agency law have changed dramatically over the past two hundred years.

back 7

False

front 8

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.

back 8

true

front 9

Express Agency

back 9

Buyer signs representation agreement

front 10

Implied Agency

back 10

Broker shows homes and makes offer for buyer

front 11

Express Agency

back 11

Seller signs listing agreement

front 12

Implied Agency

back 12

Buyer asks to see other homes at open house

front 13

Accounting

back 13

Following state law regarding the receipt of funds from the clients and customers

front 14

loyalty

back 14

refusing to withhold an offer from a seller until a second offer is received

front 15

obedience

back 15

following a buyers instructions

front 16

confidentiality

back 16

keeping the principals personal information private as to the type of property that is sought

front 17

care

back 17

using a reasonable degree of skill and expertise in acting on a principal's behalf

front 18

disclosure

back 18

revealing to a prospective buyer that the agent is related to the property seller

front 19

An express agreement occurs when the actions of the parties indicate that they have mutually consented to an agency.

back 19

false

front 20

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.

back 20

true

front 21

Designated Agent

back 21

A sales associate designated by the broker to act as the agent of a specific principle

front 22

special agent

back 22

represents the principal in one specific act or transaction only. A real estate professional usually falls within this category

front 23

universal agent

back 23

a person empowered to do anything the principal could do personally

front 24

general agent

back 24

represents the principal in a broad range of matters related to a particular business or activity

front 25

The universal agent's authority to act on behalf of the principal is significantly limited.

back 25

false

front 26

A universal agent is a person empowered to do anything the principal could do personally.

back 26

true

front 27

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.

back 27

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.

front 28

Exaggeration of a property's benefits is called puffing and is illegal.

back 28

False

front 29

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.

back 29

true

front 30

Evidence of an agency relationship can be found in

back 30

the conduct of the parties.

front 31

When considering whether or not to reveal information regarding a stigmatized property, a real estate professional should be aware of

back 31

any relevant state laws

front 32

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

back 32

disclosure.

front 33

A real estate agent's duty of confidentiality usually extends for how long?

back 33

The period of time specified in state law

front 34

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

back 34

both parties consent in writing to the dual agency.

front 35

Which of the following is considered lawful practice in real estate brokerage?

back 35

Exaggerated statements about the property

front 36

A real estate broker acting as the agent of the seller

back 36

must promote and safeguard the seller's best interests.

front 37

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?

back 37

Care

front 38

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

back 38

required to disclose the information because it is a material fact important to the seller.

front 39

The functions of a facilitator or intermediary are those of

back 39

a nonagent.

front 40

Which event will terminate an agency in a broker-seller relationship?

back 40

The owner declares personal bankruptcy.

front 41

The laws enacted by a legislature make up

back 41

statutory law.

front 42

Which of the following is NOT a valid reason to terminate an agency relationship?

back 42

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.

front 43

Which statement is TRUE of a real estate broker acting as the agent of the seller?

back 43

The broker is obligated to render loyalty to the seller.

front 44

The relationship of broker to client in an agency relationship is that of

back 44

a fiduciary.

front 45

Upon discovering a latent defect in a property, the real estate professional should discuss the problem with the seller and then

back 45

inform any prospective buyers of the defect.

front 46

Agency relationships in real estate are regulated by which kind of law?

back 46

Administrative law

Common law

Statutory law

front 47

Some states allow two sales associates in the same brokerage to represent opposing sides to a transaction without creating a dual agency by using

back 47

a designated agency.

front 48

The agent is held in a position of special trust and confidence by the principal when the agent is considered

back 48

a fiduciary.

front 49

The federal legislation known as Megan's Law has promoted the establishment of

back 49

state registries of residential information on sex offenders.

front 50

When the broker should have known that a statement about a material fact was false, it is considered

back 50

negligent misrepresentation.

front 51

Designated agency is MOST likely to occur when

back 51

the buyer and the seller are represented by the same company.

front 52

In MOST situations, the relationship between real estate broker and seller is what type of agency?

back 52

Special