Client Representations Flashcards
an employment contract between a real estate broker and a property seller.
Listing agreement
must be in writing to be enforceable in court.
Exclusive listing agreement
general agent of the broker and can carry out listing services only in the name of and under the supervision of the broker.
Sales Associate
one broker is appointed as the seller’s sole agent, and if the property is sold while the listing is in effect, the broker is entitled to a commission, no matter who sells the property.
exclusive right-to-sell listing,
authorizes one broker to act as the sole agent of the seller but allows the seller to retain the right to sell the property without obligation of payment to the broker.
exclusive agency listing
the seller retains the right to employ any number of brokers; the seller is obligated to pay a commission only to the broker who successfully produces a ready, willing, and able buyer; and the seller is not obligated to pay a commission if the seller personally sells the property without the aid of a broker.
open listing (also known as a nonexclusive listing)
the excess over the seller’s desired net from the sale is paid to the broker as compensation may be prohibited by state law
Net listing
permits cooperation with other brokers in the multiple listing service (MLS)
multiple listing clause
preserves a broker’s right to compensation if, within a certain number of days after the listing agreement expires, the owner transfers the property to a purchaser who was brought to the seller by the listing broker.
Brokers Protection Clause
usually made by a sales associate of the broker and is the job interview with a prospective client—the property owner.
Listing presentation
will identify the property owner(s) and the property, describe the property improvements, list any loans held by the owner and their current status, itemize loan and other payments on the property, and provide the details of a short sale, if the lender is willing to accept one.
Listing agreement
seller provides a policy for the buyer.
Home-warranty
an employment contract in which a prospective property buyer employs a broker for the purpose of finding a suitable property.
Buyer representation agreement
the buyer works with only one broker, but the broker is free to represent other buyer clients
Exclusive buyer representation
will be compensated by a retainer, a flat fee for services, an hourly rate, a percentage of the purchase price, or some combination of these methods.
Buyers broker