Law of Agency Flashcards

1
Q

What is the very first document you should fill out with a new client or customer?

A

Agency Disclosure Form

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2
Q

At what moment should you take out the agency disclosure form? Define what it means.

A

At first substantive contact. In other words, when something of substance happens, such as when the customer starts to ask questions about the property

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3
Q

What should you do if that client or customer refuses to sign the agency disclosure form?

A

Fill out an affidavit or a declaration stating the terms of the refusal to sign, then sign the affidavit, and have the signature notarized.

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4
Q

As a real estate salesperson, I am practicing ____________ agency.

A

Special

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5
Q

As a property manager, I am practicing ____________ agency.

A

General

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6
Q

In estate planning, I am practicing ____________ agency.

A

Universal

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7
Q

What would you call a situation where I represent the seller as my client but then work in the best interests of the buyer (my customer)?

A

Undisclosed Dual Agency

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8
Q

If I represent the buyer as a broker, that would be called ____________.

A

Buyer’s Broker

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9
Q

I owe all of the fiduciary obligations to my client or to my customer?

A

Client

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10
Q

I work ____________ the client, and ____________ the customer.

A

For, With

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11
Q

What does ‘fiduciary’ mean?

A

Position of Trust

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12
Q

The fiduciary obligations accrue only to my ____________.

A

Client

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13
Q

So, what do I owe to the ‘customer’? ____________ and ____________.

A

Fairness, Honesty

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14
Q

If it is my intention to protect my client (usually the seller) from the vicarious liability (responsible for the acts of others) of another licensee violating the laws of licensure, I should always give out my listings to other licensees as ‘broker’s agents’ or ‘sub-agents’?

A

Broker’s Agents (BA)

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15
Q

If one broker is representing both the purchaser and the seller in the same transaction, you would call this ____________.

A

Dual Agency

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16
Q

What is the Department of State concerned about when a real estate licensee also embarks upon the practice of writing mortgage applications as a mortgage rep?

A

Possibility of Dual Agency

17
Q

When is dual agency permitted?

A

Only when both the seller and buyer agree in writing

18
Q

I hire you to sell my house. You are my broker, and I am your ____________ or ____________.

A

Client, Principal