Law of Agency Flashcards
In an agency relationship, the ________ is the person who does the hiring
principal
A real estate licensee who is authorized to assist the “real” agent is referred to as a subagent.
True
When the “other party” knows there is a principal, but not who the principal is, that is a partially disclosed principal. This is:
Legal
When the agent acts as if he/she were the principal, the principal is undisclosed. Usually this is:
Illegal
Name the 4 real estate agent’s fiduciary responsibilities:
O.D.A.MI The Rule of Obedience The Rule of Disclosure, The Rule of Accounting The Rule of Monetary Interest
The principal’s obligation to the agent is to pay compensation, to perform, and to legally indemnify the agent in possible legal actions
True
A licensee listed a house and represents the:
Seller
The listing agent had both parties sign the Limited Agency Consent Agreement. He/she represents the:
Buyer and Seller
A licensee has a contract to help the buyers find a property. He/she represents the:
Buyer
Dual, or limited, agency is _______________as long as both parties agree to it in writing; or in other words, the agent obtained informed consent.
Legal
The two primary people in ANY agency relationship are the
Agent and Principal
A broker who has signed a listing with a seller is an example of a:
Specific Agent
An agent who does all things for and in behalf of his principal is a(n) __________ agent.
Universal
An agent who uses his/her expertise to accomplish the objectives of the principal is a(n) __________________ agent (an example is a property manager).
General
An agent who is authorized to sign documents for the principal is a(n) ________ __ ____, and has a Power of Attorney.
an attorney-in-fact,
- Fiduciary. This term is sometimes used as a noun to refer to the agent.
True
When the agent of the seller suggested the buyer might want to offer 90% of the listed price, he/she might have created implied or dual/limited agency.
True
In Utah, in order to represent someone as an agent, you must have a(n) _________________ contract.
Written
When the principal approves the agency after it is performed and agrees to pay a commission, it is said to be:
Ratified
A sheriff’s sale would be an example of agency by:
Statute
The court “stopping the stopping” would create agency by:
Estoppel
A principal who is known to the “other party” or customer is _______________ disclosed.
Fully
Agency can be terminated by ____________ agreement.
Mutual
Agency can be terminated by fulfilling terms of the:
Contract
Agency can be terminated by________ by the agent.
Abandonment
T/F. Agency can be terminated by death or insanity of either parties.
True
Agency can be terminated by destruction of the:
Property
Agency can be terminated by change of law, such as a change in _________ for the area.
Zoning