Authorized and Relationships. Duties, and Disclosure Flashcards
At arm’s length
people conduct business on their own behaf
Three brokerage relationships
-no brokerage relationship
-single agent
-transaction broker
no brokerage relationship duties (nonrepresentation)
-account for all funds
-deal honestly and fairly
-disclose all known facts that materially affect the value of residential real property and are not readily available to the buyer
Single agent relationship
-a broker who represents as a fiduciary either the buyer or seller, but not both
-fiduciary relationship exists only in a single agent relationship
Dual agency
-when a brokerage firm represents as a fiduciary both the buyer and seller in
-illegal to operate as a dual gent
Single agent duties
-account for all funds
-deal honestly and fairly
-disclosure all known facts
-us skill, care, and diligence
-present all offers in a timely manner
-confidentiality
-obedience
-loyalty
-full disclosure
Transaction broker relationship
-account for all funds
-deal honestly and fairly
-disclose all known facts
-use skill, care, and diligence
-present all offers and counteroffers
-exercise limited confidentiality
-provide any additional duties
Transition from single agent to transaction broker
-accomplished with the Consent to Transition to Transaction Broker Notice
-buyer’s and sellers signature (initials) required before the licensee may change from one broker’s relationship to another
-if the principal refuses to sign or initial consent the broker must continue as a single agent
Residential sale transactions are defined as the sale of
-improved residential property of four or fewer units
-unimproved residential property intended for use as four or fewer units
-agricultural property of 10 or fewer units
Types of transactions that don’t need brokerage relationship disclosures
-nonresidential transactions
-rent or lease agreements, unless there is an option to purchase property improved with four or fewer units
-business opportunities, unless improved with four or fewer residential units
-auctions
-appraisals
nonresidential transactions
-designated sales associates
-buyer and seller must have assets of at least 1 million
-broker designates on associate to be a single agent for the buyer and one for the seller
-broker facilitates and advises designated sales associates