Ch 3 Creation And Termination Of Agency Flashcards

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1
Q

If a property is sold by the listing firm, it is considered

A

An in-house sale

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2
Q

If a property is sold by a firm other than the listing firm, then it is considered what type of sale?

A

Cooperative sale

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3
Q

What is created automatically with no discussion or action needed on the part of a brokerage firm?

A

Subagency

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4
Q

On what side does the seller retain the services of a broker?

A

The listing side

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5
Q

On what side does the buyer retain the services of a broker?

A

The selling side

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6
Q

What is the best way to create an agency relationship?

A

In writing

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7
Q

Does a broker owe fiduciary duties to a customer?

A

No, only a client

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8
Q

True or false: oral agency agreements are unenforceable against clients

A

True: needs to have a signed listing agreement

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9
Q

An oral agency agreement is _____ against the agent

A

Enforceable

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10
Q

Why can’t oral agency agreements not be placed in the MLS?

A

Because it is not in writing

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11
Q

In Texas what are the four statutory agency relationships allowed by TRELA?

A

Seller agency, buyer, agency, subagency, intermediary

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12
Q

A written listing agreement creates a

A

Special agency relationship

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13
Q

When a broker hires an agent, it creates what type of relationship?

A

General agency relationship meaning, the license holder, becomes the general agent of the broker

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14
Q

True or false: all agents within a brokerage share the same agency duties to all clients within the firm

A

True

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15
Q

All transactions are said to have two sides. What are they?

A

A listing side, and a selling side

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16
Q

MLS stand for

A

Multiple listing service

17
Q

How is commission negotiated?

A

Commission is negotiated between the seller and the broker it is not set by TREC

18
Q

What tool significantly facilitate, cooperative sales?

A

The MLS

19
Q

If a party to a transaction is not being represented by an agent, that party is considered a

A

Customer

20
Q

When one firm sells a property listed by another firm to a buyer that they are not representing the selling firm that represents, the seller is considered in a?

A

Subagency relationship

21
Q

Where is sub agency mostly practiced in Texas?

A

Rural areas

22
Q

What two conditions must be met in order to have a sub agency relationship?

A

It must be a cooperative cell, and it must be an unrepresented customer

23
Q

What are some ways that an agency is terminated?

A

When the purpose is completed(property is sold.), expiration of contract, anytime a mutual agreement, death are in capacity of either party, revocation of brokers license.

24
Q

When a broker is given notice of termination, the broker must:

A

Cease all marketing activities, remove signs and lockboxes, remove listing from websites and other advertising media, terminate the listing in MLS

25
Q

True or false: if a broker determine that a principal was not cooperating with their efforts to Market thier property, they can terminate their agency

A

True

26
Q

The duties of confidentiality

A

Extends forever into the future

27
Q

Seller Ashley meets with Agent knuckles and likes his plan for marketing her home. She decides to sign a listing agreement with him there by creating a _______ relationship.

A

Special agency

28
Q

Broker Beyoncé is representing the seller at Renaissance realty while Broker Jay from rock nation Realty is working with a buyer customer. Beyoncé is representing the seller. Who is Jay representing?

A

The seller

29
Q

In Texas what agency relationship is not allowed with any party to a transaction

A

Implied