CHP 17 - Agency law Flashcards
Generally what is NOT a broker’s authority
signing for seller
initialing changes to offer
permitting early occupancy
What obligations do licensee owe
- honest and fair dealing
- Reasonable Care and Skill
- Proper Disclosure
Active Fraud
intentional misrepresentation
Passive Fraud
intentional nondisclosure of material face
Implied Agency
formed when actions of parties indicate a mutually consented agency
Constructive Notice
Legal presumption that info is available and obtained through due diligence
Actual notice
Not only is info available but it’s been given and party is aware
Agent duties to customers
- Honesty and Fair
- Reasonable care and skill
- Proper disclosure
3 Types of Agency
- Express
- Implied
- Agency Ratification and Estoppel
Person who hires an agent
Principal
When can an agent provide advice to the customer
NEVER
Universal Agent
POA
Minimum Agency created when a home is listed
Special Agency
General Agency
May include the authority to enter into contracts. Ongoing tasks and duties within a particular business
Special/Limited
Authority to conduct specific activity