Colorado forms And contracts Flashcards

1
Q

The Supreme Court decision in the Conway-Bogue case relating to the practice of law by real estate brokers and employed licensees stated:

A

Colorado licensees completing standard form are practicing law and have a limited permission to do so.

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2
Q

The purpose of Commission Rule F relating to approved forms is to:

A

help insure the brokers compliance with the Conway-Bogue decision of Colorado supreme court

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3
Q

Commission rule F

A

It is compulsory for all real estate brokers licensed by the State of Colorado to use Commission approved forms in most of their contracting.

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4
Q

When you complete standard approved forms with commonly used wording it must…

A

be adapted to fit your transaction.

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5
Q

According to the Commission-approved Exclusive Right-to-Sell Listing Contract

A

A brokers compensation is established by the broker

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6
Q

Exclusive Right-to-Sell listing

A

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

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7
Q

A broker with a Transaction-Broker Exclusive Right-to-Sell listing agreement could cooperate with all the following brokers EXCEPT

A

A sellers subagent. Subagency is illegal in Colorado

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8
Q

Subagent

A

real estate agent or broker who brings in the buyer to purchase a property, but he is not the property’s listing agent

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9
Q

Buyer’s agent

A

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.

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10
Q

litigation and arbitration

A

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.

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11
Q

Mediation

A

a process wherein the parties meet with a mutually selected impartial and neutral person who assists them in the negotiation of their differences

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12
Q

Specific performance

A

Suing if the buyer or seller does not end up performing under specific terms of the contract. Usually the buyer suing the seller

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13
Q

Mill Levy

A

Taxable value of a property
Ex: $300,000 house
Tax rate is 30 mills
Equation: 300,000x30=9,000,000/1000=9,000

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14
Q

In the contract to buy and sell, who pays the appraisal fee?

A

It is negotiated between the buyer and seller

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15
Q

According to the residential contract to buy and sell real estate, what can a buyer who is dissatisfied with the inspection do?

A

Terminate the contract immediately with written notice

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16
Q

What is the purpose of listing licensee providing information on square footage?

A

For marketing purpose only

17
Q

When can a buyer withdraw an offer to a seller?

A

Prior to the listing broker delivering it to the seller. Once the seller has accepted and signed the contract the buyers may no longer withdraw

18
Q

If a seller makes a counteroffer to the buyer, what happens to the original offer?

A

The original offer is considered rejected and the buyer is not held liable to that original contract

19
Q

A buyers earnest money is held by

A

Whoever is named in the contract to hold it, in the contract to buy and sell give the authority to a named entity either the buyer or seller

20
Q

Straight line amortization

A

a way of calculating debt repayment The principal and interest amounts remain constant with every loan payment

21
Q

Liquidated damages

A

It is a provision that allows for the payment of a specified sum should one of the parties be in breach of contract.

22
Q

Injunction

A

an order from a court that prevents a party from taking certain action