Chapter 7 laws and regulations and government brokrerage relationship Flashcards
What are the three types of agency
Universal agent general agent and special agent
Agency classification
Universal
General
Special
Universal anything the principal can do unlimited power of attorney
General broad range they perform acts of particular activity property managers
Special have limited access detailed instructions listing agent and buyer broker
What do you need to create an agency relationship
It must be in writing and you must have mutual consent
Expressed agency versus implied agency
Express agency is you agreed to it and implied agency is an assumption
Sellers listing versus buyer Buyer’s broker
Seller listing must be in writing to start a relationship and buyer’s broker of the agreement must be in writing before the offer is presented
Client versus customer?
A client is people we represent and we overdo Sherry duties while the customer is the other people in the transaction that we owe Disclosure of material facts
Fiduciary duties
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Obedience, loyalty, disclosure, confidential, accounting, reasonable skill and care.
When do you present the working with real estate agents brochure
At first substantial contact Which occurs when a customer provide personal financial confidential or motivational desires
If versus the actual contract has not occurred with the buyer your last chance is before you open the door for them
What are the four agency choices
Single agency, dual agency, designated agency, and no agency
What is dual agency
Dual agency is firm buyer and seller in the same transaction
Designated agency
A BIC and a provisional broker can never be designated agents in the same transaction
The firm must create policies and procedures that protect the confidentiality of the seller
What terminates an agency
If the duties are complete or there is an expiration of the term. Also mutual agreement upon both parties or breach of contract or death of a party or property destruction
What do we know about material facts
Real estate agents must always disclose material facts to both client and customer. Material facts include defects about the property, facts relating to the property, anything affecting a party’s ability to perform.