Key Terms Chapter 2 part 2 Flashcards

1
Q

Sub-agent

A

An agent of a person already acting as an agent of a principal.

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2
Q

Misrepresentation

A

Making an intentionally false statement to induce someone to contract.

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3
Q

Vicarious Liability

A

A situation in which one party is held partly responsible for the unlawful actions of a third party.

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4
Q

Expressed Agency

A

An actual agency created by written or oral agreement between the principal and the agent.

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5
Q

Implied Agency

A

Form of agency that occurs when the words and actions of the parties indicate that there is an agency relationship.

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6
Q

Estoppel

A

The principle which prevents a person from asserting something contrary to what is implied by a previous action or statement of that person.

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7
Q

Price Fixing

A

Conspiring to establish fixed fees or prices for services or products.

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8
Q

Group Boycott

A

An agreement between members of a trade to exclude other members from fair participation in the trade.

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9
Q

Market Allocation

A

An agreement between members of a trade to refrain from competition in specific market areas.

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10
Q

Tie-in Arrangement

A

A contract where one transaction depends upon another.

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11
Q

Dual Agency

A

Representing both principals (seller and buyer) to a transaction.

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12
Q

Designated Sales Agent

A

Appointing one or more individual agents in a firm to represent only the interests of the seller and one or more different individual agents in the firm to represent only the interests of the buyer when a firm has an “in-house” dual agency situation.

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13
Q

Seller’s Agent

A

An agent who represents the seller of real property.

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14
Q

Buyer Agent

A

An agent who represents the buyer of real property.

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15
Q

Broker’s Agent

A

A broker’s agent is an agent that cooperates or is engaged by a listing agent or a buyer’s agent (but does not work for the same firm as the listing agent or buyer’s agent) to assist the listing agent or buyer’s agent in locating a property to sell or buy, respectively, for the listing agent’s seller or the buyer agent’s buyer.

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16
Q

Landlord’s Agent

A

A person who has oral or written authority, either express or implied, to act for or on behalf of a landlord.

17
Q

Tenant’s Agent

A

A licensed real estate agent who acts on behalf of a tenant in a commercial property transaction.

18
Q

Informed Consent

A

An agreement to do something or to allow something to happen only after all the relevant facts are disclosed.

19
Q

Undisclosed Dual Agency

A

A relationship in which the real estate agent is found to be the agent of both the buyer and seller in a transaction, but without the knowledge and informed consent of both parties. Undisclosed Dual Agency is illegal in all states.

20
Q

Designated Sales Agent

A

Appointing one or more individual agents in a firm to represent only the interests of the seller and one or more different individual agents in the firm to represent only the interests of the buyer when a firm has an “in-house” dual agency situation.

21
Q

Advance Consent to Dual Agency

A

The seller or buyer agrees to dual agency before it occurs by indicating the same on the agency disclosure form.

22
Q

Confidentiality

A

An agent is obligated to safeguard his/her principal’s lawful confidences and secrets. Therefore, a real estate broker must keep confidential any information that may weaken a principal’s bargaining position.

23
Q

Cooperating Agent

A

A real estate agent who sells a property. The selling agent may be (1) the subagent or listing agent of the seller; (2) a buyer’s agent; or (3) a dual agent. Also called a selling agent or participating agent.

24
Q

Disclosure

A

The release of relevant information about a property that may influence the final sale, especially if it represents defects or problems.

25
Q

Loyalty

A

An agent’s duty to place the client’s interest above those of all others, including the agent’s own self-interest.

26
Q

Obedience

A

This fiduciary relationship obligates the agent to act in good faith at all times, obeying the client’s instructions in accordance with the contract.

27
Q

Reasonable Care

A

The degree of caution and concern for the safety of himself/herself and others an ordinarily prudent and rational person would use in the circumstances. This is a subjective test of determining if a person is negligent, meaning he/she did not exercise reasonable care.