Colorado forms And contracts Flashcards
The Supreme Court decision in the Conway-Bogue case relating to the practice of law by real estate brokers and employed licensees stated:
Colorado licensees completing standard form are practicing law and have a limited permission to do so.
The purpose of Commission Rule F relating to approved forms is to:
help insure the brokers compliance with the Conway-Bogue decision of Colorado supreme court
Commission rule F
It is compulsory for all real estate brokers licensed by the State of Colorado to use Commission approved forms in most of their contracting.
When you complete standard approved forms with commonly used wording it must…
be adapted to fit your transaction.
According to the Commission-approved Exclusive Right-to-Sell Listing Contract
A brokers compensation is established by the broker
Exclusive Right-to-Sell listing
a contract between a homeowner and a real estate agent that grants the broker exclusive rights to collect commission when their property sells Regardless of who finds the buyer
A broker with a Transaction-Broker Exclusive Right-to-Sell listing agreement could cooperate with all the following brokers EXCEPT
A sellers subagent. Subagency is illegal in Colorado
Subagent
real estate agent or broker who brings in the buyer to purchase a property, but he is not the property’s listing agent
Buyer’s agent
licensed real estate agent who represents the buyer in a transaction. The buyer’s agent has authority to act on behalf of the buyer in negotiating a Purchase and Sale Agreement with the seller’s agent.
litigation and arbitration
litigation means taking a dispute to court. Both sides present their case before a judge or jury, who will then render a decision. Arbitration, on the other hand, is a private process in which both parties agree that an arbitrator (a neutral third party) will render a binding decision.
Mediation
a process wherein the parties meet with a mutually selected impartial and neutral person who assists them in the negotiation of their differences
Specific performance
Suing if the buyer or seller does not end up performing under specific terms of the contract. Usually the buyer suing the seller
Mill Levy
Taxable value of a property
Ex: $300,000 house
Tax rate is 30 mills
Equation: 300,000x30=9,000,000/1000=9,000
In the contract to buy and sell, who pays the appraisal fee?
It is negotiated between the buyer and seller
According to the residential contract to buy and sell real estate, what can a buyer who is dissatisfied with the inspection do?
Terminate the contract immediately with written notice