Agency Law Flashcards

0
Q

Who are the 3 parties in an agency relationship?

A

Principal
Agent
Customer (3rd Party)

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1
Q

Definition of Agency

A

Legal relationship between client and designated broker to act on behalf and represent client

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2
Q

3 types of employment contracts

A

Listing contracts

Buyer broker agreement

Property management agreement

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3
Q

7 duties that an agent has to their principal

A

1: Confidentiality
2: Loyalty
3: Reasonable skill and care
4: Obedience
5: Accountability
6: Full disclosure
7: Present all offers

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4
Q

Definition of client

A

Person who hires broker to protect and promote their best interest, entitled to fiduciary relationship

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5
Q

Definition of fiduciary

A

A position of trust (only for clients)

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6
Q

Definition of accidental agency

A

Agency created by mistake

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7
Q

Name two ways agency can be created

A

1: Express authority
2: Implied authority

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8
Q

Expressed authority?

A

Written or verbal hire

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9
Q

Implied authority?

A

Created bcus of what a licensee says or does through his words and deeds

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10
Q

4 duties we owe to 3rd parties

A

1: Truthful info
2: No false promises
3: Full disclosure
4: material representation

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11
Q

What are the principals 2 duties to 3rd parties?

A

1: Fair, honest and truthful
2: Sellers property disclosure form

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