chapter 6 quiz Flashcards

1
Q

which of the following statements most closely describes a listing contract?

A

it serves as an employment agreement between a broker and a seller.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

in some cases a broker’s commission can be earned if the broker can prove he/she set in motion a series of events that resulted in the sale. to do so means the broker:

A

was the procuring cause of sale

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

when a salesperson performs the duties of a licensee, the salesperson does so:

A

as a general agent for his/her broker

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

if a salesperson acts as an independent contractor, then:

A

he/she controls his/her own working hours.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

the listing broker and salesperson owe all but which of the following to the purchaser?

A

negotiation of the lowest possible price

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

if asked by a prospective buyer, the listing agent must disclose all of the following EXCEPT:

A

the previous occupant had AIDS. (protected by Fair Housing, considered handicapped)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

the term fiduciary best describes:

A

an agent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

the amount of a broker’s commission is:

A

established by agreement between the broker and the seller

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

a listing broker has noticed that there has been water in the basement of the house he is marketing, but the seller states that the problem was solved and he does not want it mentioned. should this fact be revealed by the broker to a prospective purchaser?

A

Yes, the problem is clearly a “material fact” and must be disclosed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

an agency may be terminated by all but which of the following?

A

the listing salesperson dies

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

owner Brewer authorized Broker Owen to sign a contract of sale. this authorization was granted by:

A

executing a power of attorney.

**document authorizing one person to act on behalf of another

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

a general agency empowers the agent to:

A

transact the principal’s affairs in a certain business.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

a listing that allows the owner to sell the property without being liable for a commission, but also appoints only one broker to act as sole agent is an:

A

exclusive agency listing.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Exclusive Listings must include:

A

a definite date of expiration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

when a third party relies upon the principal’s representation that a particular broker is his/her agent, even though the broker is unaware of the fact, the principal’s actions create a/an:

A

ostensible agency.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

if a listing agreement does not specifically authorize a broker to accept and hold an earnest money deposit on behalf of the seller, then the

A

broker has implied authority to accept such deposit

17
Q

acting as a dual agent w/out the consent of all parties is a breach of a broker’s duty of:

A

loyalty

18
Q

a provision in a contract of sale that obligates the purchaser to list the property w/a specific broker when the property is resold is:

A

both A and C
A. in violation of antitrust laws
C. called a tie-in

19
Q

an owner desired to net $147,600 from the sale of her home. Broker Baily accepts the listing with a 6.5% commission. the list price will be?

A

$157,900

look at example/book

20
Q

the 100% commission plan means:

A

the salesperson receives the entire fee but pays the broker a monthly fee for office space, administrative services, and use of the broker’s name.

21
Q

which of the following is characteristic of an exclusive right to sell listing?

A

it may allow more than one broker to share a commission paid by the seller

22
Q

Ronald is acting as a buyer broker for his sister, Regina, who is looking for a house. since he has a written contract authorizing him to consider her a client, he is authorized to do all of the following EXCEPT:

A

accept a counter offer on Regina’s behalf while she is out of town.

23
Q

Alice has listed a property for an out-of-town investor. Her advertising is producing calls, but a hostile tenant is denying her access for showings. when told of this, the seller replies, “that’s your problem.” which is true?

A

Alice can renounce her listing since the owner refuses to cooperate.

24
Q

a statement of exaggeration which a reasonable person would recognize as untrue is an example of:

A

puffing

25
Q

if a contract for sale provides for the owner to sell a home in “as is” condition, then:

A

latent defects must still be disclosed to the purchaser.