CHP 33 - Contracts: Listing Agreements Flashcards

1
Q

Types of Listing Agreements

A

Exclusive Right to Sell
Exclusive Agency
Open Listing

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2
Q

Ways a listing agreement can be termination

A

1) Buyer found
2) Expiration
3) Mutually agree

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3
Q

When is a buyer’s agent still entitled to commission

A
  • Decide not to
  • FSBO
  • Chooses to purchase through another broker
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4
Q

A listing agreement must be in _____ to be enforceable

A

Writing

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5
Q

Net Listing

A

Owner sets their minimum profit and lets broker have any amount above that

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6
Q

Open Listing

A

Non exclusive contract

Many brokers can help; whoever finds the property gets the commission

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7
Q

Exclusive right to sell

A

Must have a definite termination date

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8
Q

Exclusive Agency

A

Broker has right to market and sell but if owner finds a buyer they don’t owe the broker a commission

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9
Q

Are net listings legal in KY

A

NO

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10
Q

Compensation agreements that are not listing agreement

A

FSBO

Broker-Employee agreement

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11
Q

Basic Parts of a Listing Agreement required by most states

A

ID of property
Compensation to broker
Specifics of compensation
Written doc with signature

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12
Q

When is a seller required to pay commission if refusing an offer

A

Unless specified unless it’s cash

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13
Q

Safety Clause AKA

A

Carryover clause

Broker receives commission if property sales within specific # of days after expiration

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14
Q

How to check ownership

A

Ask for a copy of deed or another title doc

Check with title company

Visit county tax office and check records

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15
Q

When must a seller receive a copy of the listing agreement

A

When signatures are obtained

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16
Q

When may a seller still be responsible to pay a commission

A
  • change mind or refuse to sell
  • Has spouse who will not sign deed
  • Title with uncorrected defects
17
Q

Only a _____ can file suit against a seller or buyer to receive commission

A

BROKER

18
Q

An Agent can sue a _____ to get commission

A

Broker

19
Q

Transfers exempt from Property Disclosure Statement requirement

A
  • Foreclosure
  • Deed in lieu
  • Bankruptcy Transfer
20
Q

Drainage problems would be listed in what section on seller’s disclosure

A

Environmental