Module 1 lesson 2 Flashcards
Trade
A disposition or acquisition of or transaction in real estate by sale, purchase, agreement for purchase and sale, exchange, option, lease, rental, or otherwise and any offer or attempt to list real estate for the purpose of such a disposition, acquisition, or transaction, and any act, advertisement, conduct, or negotiation, directly or indirectly, in furtherance of any disposition, acquisition, transaction, offer, or attempt, and the verb “trade” has a corresponding
meaning.
Vendor
Same as seller
Purchaser
same as buyer
Landlord
Also known as “lessor”. This is an individual who owns a house but rents it out.
Tenant
Also known as “lessee”. this is an individual who rents from a lessor/landlord.
Representation
The term representation implies an agency relationship has been established between two
parties. An agency relationship places both regulatory (REBBA) and fiduciary obligations on
the brokerage. Fiduciary obligations generally require the brokerage to be loyal, not disclose confidential information, and promote and protect the seller or the buyer’s best
interests.
Providing Services
A brokerage can provide services to a seller or a buyer rather than represent the party. Providing services does not place the same level of obligations on the brokerage as when representation has been established. A brokerage must treat the party with fairness, honesty, and integrity, and ensure any information provided is accurate. No fiduciary
obligations are owed when providing services, such as loyalty, confidentiality, or promoting their best interests.
Client
A client is represented by a brokerage and is owed loyalty, confidentiality, and many other obligations both under REBBA and the common law of agency. In REBBA, the term “client” is used, and a client can be a seller or a buyer.
Customers
A customer is a person who is receiving services from a brokerage. A customer does not
receive the same level of service from a brokerage as a client does. A brokerage owes fewer duties and obligations to a customer, and the customer must clearly understand the brokerage is not representing them in a transaction. In REBBA, the term “customer” is
used, and a customer can be a seller or a buyer.
Who is the agent
The brokerage
Representation Agreement
A representation agreement is the term used when a brokerage represents a seller or a buyer as a client. An agency relationship can be created in a number of ways such as a written or a verbal agreement. However, the Code of Ethics requires that a registrant must reduce a verbal representation agreement with a seller or a buyer to writing at the earliest practical opportunity and before any offer is made, have it signed on behalf of the brokerage, and submit it to the seller or the buyer for signature.
When working with a seller, the document used as a representation agreement is also commonly referred to as a listing agreement. When working with a buyer, the document used is referred to as a buyer representation agreement.
REBBA requires a copy of the representation agreement be provided to the party
immediately after signing.
Customer service agreement
A customer service agreement is distinct from a representation agreement with a client
and can be non-exclusive. A non-exclusive agreement allows a party to obtain services from another brokerage with no obligation to compensate the brokerage who has the customer service agreement signed with them.
Agreement of purchase and sale
An agreement of purchase and sale is a document used to negotiate the terms of a sale between a seller and a buyer. Under REBBA, an agreement of purchase and sale is referred to as an agreement for the conveyance of an interest in real estate. Agreements
of purchase and sale must be in writing and signed by the parties to be enforceable; however, there is no standard form required to be used. Various agreements of purchase and sale are commonly used within the marketplace and can differ depending on the property type.
For example, some of the different agreements of purchase and sale can include:
• Residential property with a single-family dwelling
• Residential condominium
• Residential co-operative property
• Property located on a leased parcel of land
• Commercial property
• Commercial condominium
• Sale of a business
Commission Agreements
Commission is paid to a brokerage as compensation for the service provided on the sale or lease of a property. Commission is paid once a transaction has been completed, and can be calculated in one of three ways:
- A percentage of the sale or lease amount – for example, 4% of the sale price
- An agreed amount – for example, $10,000
- A combination of both – for example, 2.5% of the sale price and an additional $5,000
The commission agreed to by a seller or a buyer is typically set out in the representation agreement. In some instances, a brokerage will be required to document the agreed upon commission in a customer service agreement or other form of commission agreement.
Real Property
This includes tangible and nontangible aspects
Personal Property
Moveable and is referred to as consumer goods. Examples are furniture, appliances, light fixtures and drapes.
Fixtures
Fixtures are considered personal property. Fixtures are to remain upon sale of the property. Any fixtures that the seller wants to retain must be said within the agreement.
Chattels
All chattels are excluded from purchase and sale. There will be scenarios where the buyer would like to include the fridge or stove, ect in the purchase and sale. All chattels that the buyer wants to include has to be in the purchase and sale agreement.
Title
Title refers to the legal ownership of land- and with that ownership- legal rights. As a salesperson you will need to know who has “title” to the property, as this is the legal owner who has the authority to sell the property.
Title Search
Title searching refers to locating, organizing, and condensing pertinent facts about documents and other related materials registered on title. The typical search normally involves a lawyer or a title searcher on behalf of the lawyer.
Title information, once reviewed by legal counsel, leads to a conclusion as to whether the owner has good and marketable title – that is, the transfer of title can occur without any encumbrances affecting the buyer. A typical encumbrance would be the seller’s mortgage
registered on title. A title search would reveal this so the buyer’s lawyer can take appropriate steps to ensure the mortgage is discharged from the title.