Chapter 16 - Agency In Real Estate Flashcards
A person who has the authority to enter into contracts concerning all business affairs of another is called …
general agent
The term FIDUCIARY refers to
the principal-agent relationship
The legal relationship between broker and seller is MOST frequently a …
-special agency
A real estate broker acting as the agent of the seller …
is obligated to render faithful service to the seller.
In Pennsylvania, all exclusive contracts for real estate activities must be …
in writing
The broker provided the seed money for developing a property and is now acting as the listing agent. In this situation, the developer …
-may NOT revoke the listing agreement
In a fiduciary relationship, the agent is primarily responsible to the …
client
Which event terminates an agency in a broker-seller relationship?
- The owner abandons the property
- The owner declares personal bankruptcy
- The broker discovers that the market value of the property is such that an adequate commission will not be earned.
-The owner declares personal bankruptcy
A licensee lists a residence for $187,000. For various reasons, the owner must sell the house quickly and confides to the licensee that a lower price would probably be acceptable, although the asking price is reasonable. To expedite the sale, the licensee tells a prospective purchaser that the seller will accept up to $5,000 less than the asking price for the property. Based on these facts, which statement is TRUE?
- The licensee should only have disclosed that the seller would reduce the price
- The licensee has not violated any agency responsibilities to the seller
- The disclosure was improper, and possibly illegal, regardless of the motive of the licensee
- The licensee should have disclosed this information, regardless of its accuracy.
-The disclosure was improper, and possibly illegal, regardless of the motive of the licensee
The Consumer Notice must include a discussion of …
-The Real Estate Recovery Fund
What is a transaction licensee obligated to disclose?
- Material Defects In The Property
- Seller will except less than the asking price
- Buyer will pay more than the submitted offered price
- Parties will accept different financing terms than those offered
-Material Defects In The Property
In addition to the Consumer Notice, the broker of the real estate firm must also establish procedures for disclosing …
-company policies regarding dual agency and designated agency.
A buyer and a seller approach a broker and explain that they have agreed on the sale of the seller’s home. They ask the broker to assist them with the rest of the transaction. In Pennsylvania, the broker
-is permitted to act as a transaction broker.
At what time should a Pennsylvania licensee present the Consumer Notice to a prospective home buyer?
-at the initial interview
A salesperson representing the seller shows a house to a prospective buyer. The salesperson knows that the house has a wet basement. Which of the following is TRUE?
- Disclosing the information violates the fiduciary to the seller
- Withholding the information prevents the buyer from making an informed decision.
- Disclosing the information could create an undisclosed fiduciary relationship with the buyer.
- Withholding the information protects the confidence of the seller
-Withholding the information prevents the buyer from making an informed decision.