Law of Agency and Agency Relationships Flashcards
What is Agency?
Describes the relationship between the real estate professional and and persons being represented.
What is law of agency?
describes the rules surrounding the relationship
who is and Agent?
is someone who acts on someone else’s behalf, at that person’s request
what is fiduciary?
person or organization that acts on behalf of another person or persons, putting their clients’ interests ahead of their own, with a duty to preserve good faith and trust.
What are the 2 meanings of Principal?
A Client
A party to a transaction
What is a customer?
is someone with who an agent doesn’t have an agency agreement, but who is still a principal to a transaction
What is non-agent or transactional broker?
doesn’t engage in agency relationships. She can assist customers with ministerial tasks but must not provide any kind of information that isn’t strictly fact-based.
What is a Special or limited agent?
The special agent’s authority is limited to this specific duty and once it is completed, the agent’s legal responsibility to the client is completed as well.
What is designated agent?
a licensee whom a brokerage’s broker appointed to represent one party in an in house transaction.
What is a broker’s agent?
assist but do not represent the buyer; work for another firm and are sub agents of the listing broker
What is General Agents?
responsible for all aspects of a specific piece of a client’s property. his role exists in the property management realm, ollect rent, evict tenants, and enter into leases with tenants on behalf of property owner clients.
What is non-agent?
doesnt represent the buyer or seller, isn’t a fiduciary and can provide only limited services to facilitate the transaction
he assists either one or both parties with clerical or ministerial tasks
How are agency relationships created?
through express agreement or implied agreement
What is ratification?
in an implied agency ratification of the agreement can occur if the client signs an agency agreement form. This turns the implied agency into express agency.
Not doing so can make the agent liable
OLD CAR in Fiduciary stands for
Obedience, Loyalty, Disclosure, confidentiality, accounting
Reasonable skill and Care.