Chapter 13 Flashcards

1
Q

A sponsoring broker’s Licensee lists a unit for sale in a condominium building. The Licensee in this transaction:

A

Acts on behalf of the sponsoring broker

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2
Q

A real estate sponsoring broker was responsible for a chain of events that resulted in the sale of one of his client’s properties. This is referred to as a:

A

Procuring cause

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2
Q

A Licensee may advertise a property for sale only if he or she:

A

Uses the employing sponsoring broker’s name in the advertisement

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3
Q

Wilia is a Licensee working for Sponsoring broker Vic. Willa sells a $150,000 home listed by Vic’s office. The listed commission is 6.5 percent of the selling price. Sponsoring broker Vic and Willa agreed that Willa would receive 55 percent of any commission that she generated for the office. Willa is entitled to receive:

A

$5,362.50

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4
Q

To be entitled to collect a real estate commission, a sponsoring broker must be able to prove all of the following:

A

Had a valid real estate sponsoring broker’s license, Was a procuring cause, Was employed to perform certain acts

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5
Q

To be entitled to collect a real estate commission, a sponsoring broker must be able to prove all of the following EXCEPT that he or she:

A

Belonged to a real estate board

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6
Q

Which of the following is NOT prohibited under the antitrust laws?

Property management companies standardizing management fees

Sponsoring brokers allocating markets based on the value of homes

Real estate companies agreeing NOT to cooperate with a sponsoring broker because of the fees that sponsoring broker charges

A sponsoring broker deciding whether to join a MLS

A

A sponsoring broker deciding whether to join a MLS

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7
Q

A Licensee may not receive compensation or commission from anyone EXCEPT:

A

His/her sponsoring broker

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7
Q

A property owner signed a 90-day listing agreement with a sponsoring broker. The owner was killed in an accident before the listing expired. Now the listing is:

A

Terminated automatically upon the death of the principal

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8
Q

The type of listing agreement that provides for the payment of a commission to the sponsoring broker even though the owner makes the sale without the aid of the sponsoring broker is called an:

A

Exclusive-right-to-sell listing

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8
Q

An owner lists her property for sale with a sponsoring broker. Another sponsoring broker, however, finds a buyer for the house. The listing sponsoring broker did not receive a commission from the sale. The type of listing contract between the owner and the sponsoring broker could have been a(n):

A

Open listing

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9
Q

Under which of the following listing agreements can the owner of listed property sell the property on his or her own without having to pay the listing sponsoring broker a commission?

A

open listing and exclusive agency listing

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10
Q

Sponsoring broker Juanita was accused of violating antitrust laws. She was probably
accused of:

A

allocation of customers or price fixing

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11
Q

While an agent was showing a house to a potential buyer, the agent said, “I don’t think there’s a better view in the city!” Was this statement by the agent permissible?

A

Yes, and it can be best described as puffing.

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11
Q

Unless some other written agreement has been made, the sponsoring broker will usually receive the sales commission from the seller when:

A

the transaction is closed.

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12
Q

A real estate agent who is an independent contractor receives:

A

negotiated commissions on transactions.

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13
Q

A sponsoring broker lists a property for sale at $200,000 with a 5 percent commission, and he later obtains a verbal offer to purchase the property from a prospective buyer. The seller indicates to the sponsoring broker that the offer would be acceptable if it were submitted in writing. Before it can be put in writing, the buyer backs out and revokes the verbal offer. In this situation, the sponsoring broker would be entitled to:

A

no commission.

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14
Q

In a typical agency relationship between the sponsoring broker and the client, the sponsoring broker’s commission is determined by:

A

mutual agreement.

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15
Q

The type of buyer agency agreement that best protects the buyer.

A

Open buyer agency agreement.

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16
Q

A listing agreement may be terminated for any of the following reasons:

A

sale of the property, agreement of the parties, destruction of the premises.

16
Q

The Illinois court decision in Chicago Bar Association et al. v. Quinlan and Tyson, Inc., held that:

A

real estate licensees may complete preprinted forms, but not draft legal documents.

17
Q

A listing agreement may be terminated for any of the following reasons EXCEPT the:

A

death of the broker working for the sponsoring broker.

18
Q

By executing a listing agreement with a seller, a real estate sponsoring broker has become:

A

an agent of the seller.

19
Q

Sponsoring broker Wayne took a listing on a property and shortly thereafter discovered that his client had been previously declared incompetent by the court. The listing now is:

A

void.

19
Q

The provision in a listing agreement that gives additional authority to the sponsoring broker and obligates the sponsoring broker to distribute the listing to other sponsoring brokers is a(n):

A

multiple listing clause.

20
Q

A property owner lists his property for sale with a sponsoring broker. During the negotiations, the owner told the sponsoring broker that the owner wanted $238,000 for the property, and anything above that amount the sponsoring broker could keep as his commission. The listing with this type of provisions is known as a:

A

net listing.

21
Q

A listing contract in which the sponsoring broker’s commission is contingent on the sponsoring broker being able to produce a buyer before the property is sold by the owner or another sponsoring broker is called a(n):

A

open listing.

22
Q

All of the following are typical provisions of a listing agreement:

A

price the seller is asking for the property, commission rate to be paid to the listing sponsoring broker, responsibilities of the sponsoring broker.

22
Q

A sponsoring broker who represents a seller under an exclusive listing receives two
offers for the property at the same time, one from one of his agents and one from an agent of a cooperating sponsoring broker. What should the sponsoring broker do?

A

Submit both offers at the same time

23
Q

Sponsoring broker Paul listed the Kennedy’s property for sale under an exclusive-right-to-sell agreement. One of Paul’s agents, Tanya, obtained an offer to purchase the property along with a certified check for 5 percent of the purchase price as earnest money. What should Tanya do with the earnest money check?

A

Give the money to Paul for deposit in his trust account

24
Q

A seller refused to pay a commission to the sponsoring broker even though there was a valid listing agreement and the sponsoring broker procured a buyer for the property. What can the sponsoring broker do?

A

Sue the seller in court for the commission

24
Q

All of the following are typical provisions of a listing agreement EXCEPT the:

A

date the sponsoring broker will schedule an open house.

25
Q

The type of listing agreement that provides the least protection for the listing sponsoring broker is the:

A

open listing.

26
Q

Under an exclusive agency listing, the listing sponsoring broker would NOT be entitled to a commission if:

A

the seller exchanges the property with a neighbor across the street.

27
Q

All of the following are types of listing contracts:

A

open listing, exclusive agency, exclusive right-to-sell.

28
Q

All of the following are types of listing contracts EXCEPT a(n):

A

MILS mediation agreement.

28
Q

A listing agreement may be terminated by all of the following:

A

by mutual agreement, by operation of law, because of impossibility of performance.

29
Q

The sponsoring broker enters into a listing agreement with a seller in which the seller will receive $12,000 from the sale of a lot and the sponsoring broker will receive any sale proceeds over this amount. This type of listing is a(n):

A

net listing.

30
Q

A listing agreement may be terminated by all of the following EXCEPT:

A

because the seller can’t find another house to buy.

30
Q

Two different sponsoring brokerage companies claimed they were entitled to a commission from the sale of a property that was listed by one of the firms under an open listing agreement. The sponsoring broker who is entitled to the commission is the one who:

A

was the procuring cause of the sale.

31
Q

An owner who is interested in selling his house is usually concerned about how much
money he can get when it sells. A comparative market analysis may help the seller determine a realistic listing price. Which of the following is true?

A

A comparative market analysis contains a compilation of other similar properties that have sold

32
Q

In Illinois, if a sponsoring broker is taking a listing and asks the seller to complete a disclosure of property conditions, which of the following statements is true?

The disclosures are optional, and the seller may avoid liability by refusing to make any disclosures about the condition of the property.

The standard disclosures cover a narrow range of structural conditions only.

An agent should give the seller advice regarding which property conditions to disclose and which to ignore.

Seller disclosure of property conditions is required by Illinois statute.

A

Seller disclosure of property conditions is required by Illinois statute.

33
Q

614 Stevenson Street in Peoria is owned by Walter. Walter lives in Chicago, and the house in Peoria is occupied by married couple, Chris and Debbie. If Walter wants to sell the property, who is required by law to sign the listing agreement?

A

Walter only

34
Q

All of the following must appear in a written Illinois listing agreement:

A

a statement that the property must be shown to all prospective buyers regardless of race, color, religion, national origin, sex, handicap or familial status, The time duration of the listing, The proposed gross sales price of the property.

35
Q

All of the following must appear in a written Illinois listing agreement EXCEPT:

A

the complete legal description of the property being sold.

36
Q

Kendra is an Illinois real estate licensee and the listing agent for a home. After one month of the three-month listing has gone by without any offers on the property, Kendra becomes concerned. At the time the listing agreement was signed, Kendra and the sellers orally agreed that if no offers were received after one month, the price of the property would be reduced by ten percent. Because the sellers are out of town, Kendra crosses out the old listing price, writes in the new one, and then updates the information on the computerized listing service. Three days later, a prospective buyer comes into Kendra’s office to make an offer on the property. Based on these facts, which of the following statements is true?

A

Illinois licensees are prohibited by law from making any addition to, deletion from or other alteration of a written listing agreement without the written consent of the principal.

37
Q

Which of the following is true of listing agreements in Illinois?

All listing agreements must be in writing to be legal.

All exclusive listing agreements must be in writing to be enforceable.

Open listing agreements are illegal.

Net listings are not legal in Illinois.

A

All exclusive listing agreements must be in writing to be enforceable.

38
Q

Which of the following constitutes grounds for the suspension or revocation of a real estate license?

Failure to specify a termination date in a listing agreement

Inclusion of a multiple-listing clause in a listing agreement

Entering into a guaranteed sales agreement

Encouraging a seller to agree to a net listing

A

Failure to specify a termination date in a listing agreement