Ch 6 CA Legal Aspects Disclosure/Agency Flashcards

1
Q

What case set the precedent of RE agent to do visual inspection of the property and fill out the AVID form?
Which of the following court cases determined that an agent is only responsible for performing a diligent visual inspection…?
Jones vs. Mayer
Roe vs. Wade
Easton vs. Strassburger
Marbury vs. Madison

A

Easton vs Strassburger

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2
Q

What is intentional misrepresentation?

A

fraud

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3
Q

What does the AVID mean?

A

agency visual inspection disclosure form.

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4
Q

What is DEC form?

A

Disclosure the agency relationship - that I am an agent of ABC broker office.
Elect - I am the listing or buying agent
Confirm

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5
Q

what’s the difference between seller and selling agent?

A

Seller agent - aka listing agent representing the seller.

Selling agent - aka buyer agent represents the buyer.

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6
Q
An agency relationship should be disclosed in which order…?
Disclose, elect, confirm
Elect, disclose, confirm
Confirm, elect, disclose
Elect, confirm, disclose
A

Disclose, elect, confirm

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7
Q
Who is responsible for completing the Transfer Disclosure Statement form…?
AThe agent only
BThe seller only
CBoth the seller and agent
DThe seller and the seller's attorney
A

The seller only

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8
Q
The statute of limitations for a breach of fiduciary duties is…?
A1 year
B2 years
C3 years
D4 years
A

4 years

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9
Q
Which of the following fiduciary duties demands that an agent work to the best of their abilities to achieve the goals of the principal…?
AReasonable skill and care
BLoyalty
CDiligence
DConfidentiality
A

Diligence

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10
Q
If a seller's agent is related to the buyer, but does not disclose this fact to the seller, they may be guilty of…?
ADisclosed profit
BDual agency
CExpress dealing
DSelf dealing
A

Self dealing

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11
Q
The statute of limitations for a negligent visual inspection is…?
A1 year
B2 years
C3 years
D4 years
A

2 years

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12
Q

The Seller’s Property Questionnaire is required by law…?
AT (True)
BF (False)

A

(False)

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