Module 5 Flashcards

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1
Q

A tool used by an agent to determine a range of price for a subject property established by analyzing data.

A

Reveal the definitions by selecting the cards below.

Comparative Market Analysis (CMA)

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2
Q

The seller employs one broker but retains the right to sell the property personally.

A

Exclusive Agency

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3
Q

The seller employs one broker paying a commission even if the seller sells the property personally.

A

Exclusive Right to Sell

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4
Q

An employment contract that creates an agency relationship used by sellers to employ a real estate broker to find a buyer for their property.

A

Listing Agreement

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5
Q

The seller establishes a minimum, acceptable price and pays the difference between the sales price and the established minimum as commission.

A

Net Listing

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6
Q

The seller retains the right to list the property with multiple competing brokers and to sell the property personally.

A

Open Listing

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7
Q

The individual, who through a series of uninterrupted activities, brought about the completion of a contract.

A

Procuring Cause

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8
Q

When a license holder is not associated with the seller’s broker but is representing the seller through a cooperative agreement with the seller’s broker.

A

Subagency

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9
Q

The seller retains the right to list his/her property with multiple competing brokers. and to sell the property personally.

A

Open listing

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10
Q

An employment contract that creates an agency relationship with a seller that gives the broker the right to find a purchaser for his or her property.

A

Listing agreement

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11
Q

The seller lists the property with only one broker, but can sell it himself/herself without paying a commission.

A

Exclusive Agency

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12
Q

The real estate broker’s commission is the difference between the minimum net established by the seller, and the price that the buyer is willing to pay.

A

Net listing

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13
Q

Analysis based on properties that have recently sold that are most similar to the subject property.

A

CMA

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14
Q

Listing Package Checklist: Requirements of a valid listing agreement include the following:

A

names and signatures of all the owners
legal description of the property
definitive starting and ending date

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15
Q

Exclusive Right to Sell: A commission is paid even if the property is sold by the

A

owner

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16
Q

Multiple Listing Services: To prepare a CMA, the agent should use data only from the last

A

6 months

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17
Q

Paul Johnson signed a listing agreement with agent Tom with XYZ Realty. He also signed a listing agreement with Jake who is an agent at XYZ’s competitor Sun Realty. Both of the agreements give the agents the right to list the property for Paul. Even though Paul listed the property with Tom first, and Tom spent more time and money on advertising, it is Jake who ultimately finds a willing and able buyer and collects the commission.

What type of listing agreement did Paul sign with these agents?

A

Open Listing

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18
Q

Dorothy has listed her property twice in the past year and a half. Both of the listing agreements expired without producing a buyer. Dorothy feels that the agents didn’t try hard enough to sell her property. She knows that she definitely doesn’t want a For Sale By Owner (FSBO) because she doesn’t feel like dealing with the public, and just feels safer knowing that an agent will set up appointments to show the home for her so she doesn’t have to let just anybody in the door. Dorothy has a specific dollar amount in mind that she wants to realize from the sale of the home and anything over that is a commission to the broker.

What type of listing agreement might Dorothy be contemplating?

A

Net Listing

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19
Q

Yvonne wants to list her commercial property with multiple, competing brokers but feels like she has just as much chance at selling the property as any listing agent. Yvonne understands that there are a variety of benefits to listing with a broker, and knows that it will produce more prospects than selling it on her own. Yvonne also wants to be able to sell her property without paying a broker’s commission to anyone.

What type of listing agreement does Yvonne want to enter into?

A

Open Listing

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20
Q

Charles is a very cautious agent who always makes sure that he and his broker are covered in every situation. His latest listing at 705 Hauser Street was done by the book, in a way in which his broker will approve. Charles knows that regardless of who sells the property, his broker will be able to collect a commission on the sale.

What type of listing does Charles have?

A

Exclusive Right to Sel

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21
Q

April is an owner who is trying to sell her property on her own. She has taken some pictures of the property herself and has posted them on her Facebook and Instagram pages for all of her friends to see. Her home is lovely, but it has been sitting on the market for several months.

What is the main benefit of seller agency that April is missing out on?

A

listing her home in MLS

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22
Q

Randy wants to put his 4-bedroom home on the market. He’s been online viewing sites like Zillow and Trulia to get an idea of what the houses in his neighborhood are selling for. Armed with this information, he sets what he believes is a realistic price on his home. Three months later, his home has not sold.

What could an agent offer Randy that he was not able to do himself?

A

provide Randy with a CMA

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23
Q

Seth and Pat have decided not to enlist the services of an agent to sell their well-appointed condo because they do not want to pay a broker’s commission or fees. Seth has been fielding phone calls from potential buyers on his cell phone while at work, and setting up viewings in the evenings and on the weekends, taking up most of the couple’s free time. Neither Seth nor Pat thought to find out whether or not the callers were pre-qualified for a mortgage before they set up the appointments, and later found out that none of them actually were qualified to purchase the property.

How could a selling agent have lessened these sellers’ headaches?

A

made sure that potential buyers were pre-qualified

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24
Q

Josie and Eduardo want to get a fair price for their property. Their property is in a highly desirable neighborhood with easy access to main roads and shopping centers and should be a quick sale. Eduardo figured that they could sell their property themselves and save a few bucks by avoiding commissions and broker’s fees. Two offers have already been submitted to them, but they were way below asking price. Neither Josie nor Eduardo enjoy haggling and are unsure how to proceed when they talk to the potential buyers’ selling agents.

What benefit of a selling agent could Josie and Eduardo use now?

A

negotiation strategies

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25
Q

Subagency tends to occur more frequently in

A

rural markets

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26
Q

Mark and Ann are buyers working with Agent Joe at Acme Realty. Joe explained to Mark and Ann the benefits of being represented in the purchase of a home. Being reluctant to sign contracts, Mark and Ann decide to have Joe help them find a home without entering into an agency relationship. Joe agrees to this arrangement. Later, Joe is showing them a home listed by City Realty. Liking the home very much, they decide to make an offer.

A

the seller

27
Q

Mark and Ann are buyers working with Agent Joe at Acme Realty. Joe explained to Mark and Ann the benefits of being represented in the purchase of a home. Being reluctant to sign contracts, Mark and Ann decide to have Joe help them find a home without entering into an agency relationship. Joe agrees to this arrangement. Later, Joe is showing them a home listed by City Realty. Liking the home very much, they decide to make an offer.

A

subagency

28
Q

Mark and Ann are deciding what to offer for their home. They ask Agent Joe advice on values. What might be Joe’s best response?

A

no advice as to the market value of the property

29
Q

Mark and Ann are buyers working with Agent Joe at Acme Realty. Joe explained to Mark and Ann the benefits of being represented in the purchase of a home. Being reluctant to sign contracts, Mark and Ann decide to have Joe help them find a home without entering into an agency relationship. Joe agrees to this arrangement. Later, Joe is showing them a home listed by City Realty. Liking the home very much, they decide to make an offer.

In this transaction, who is representing the buyer?

A

Nobody

30
Q

All listing agreements must have a definite ____________ date

A

termination date

31
Q

The employment agreement between the seller and the broker is created in:

A

Paragraph 1

32
Q

Which of the following would NOT be considered an improvement in the listing agreement?

door keys
fireplace screens
stove
shrubbery

A

Door keys

33
Q

Accessories in the listing agreement would include which of the following:

mailbox
ceiling fans
artificial fireplace logs
garage door opener

A

artificial fireplace logs

34
Q

Improvements and accessories retained by the seller are known as

A

exclusions

35
Q

The list price of the property should be based upon

A

a range of probable sale prices based on a CMA prepared by the agent

36
Q

When listing a property, the term of the agreement should be

A

long enough to market the property under current market conditions

37
Q

The broker’s compensation is

A

a fixed percentage or other fee negotiated with the seller​

38
Q

The broker’s compensation is earned when

A

the seller sells the property
the broker sells the property
a cooperative broker sells the property

39
Q

The broker’s fee is most often payable

A

when the sale closes and funds

40
Q

The protection period…

A

provides that, in some cases, the broker may be due commission when the property sells after the listing expires

41
Q

The protection period runs for

A

number of days negotiated by the seller and broker

42
Q

The broker will file the listing with the Multiple Listing Service

A

within a certain number of days unless Paragraph 6C is checked

43
Q

Organizations that handle the booking of showings are known as

A

Scheduling Companies

44
Q

In the listing agreement a key box is placed on a property

A

if the seller agrees

45
Q

Paragraph 8 provides for two tiers of commission payment to cooperating brokers based on whether the cooperating broker is a buyer’s agent or ________.

A

subagent

46
Q

The listing agreement authorizes Intermediary…

A

if the appropriate box is checked on Paragraph 9

47
Q

Once you have selected an option, select the submit button below
Confidential information is kept confidential…

A

forever unless disclosure is required by law

48
Q

The listing will be displayed on the internet

A

always be displayed on the internet unless that seller does not want it displayed checked in paragraph 11b

49
Q

In Paragraph 12, the seller represents that the Seller

A

has the legal capacity to convey the property

50
Q

The seller agrees to cooperate with the broker’s efforts to market the property in

A

paragraph 13A

51
Q

The broker is not liable for:

A

freezing water pipes

52
Q

The seller agrees to hold the broker harmless for

A

incorrect information provided by seller
seller’s failure to disclose material information
damages or costs caused by seller

53
Q

If a dispute cannot be resolved through negotiations, the parties agree to first submit the dispute to

A

mediation

54
Q

In the event of litigation, court costs and attorney fees will be

A

paid by the non-prevailing party

55
Q

The one addenda or other document that is required in all listing agreements is the

A

Information About Brokerage Services

56
Q

Paragraph 20A states that

A

this is the entire agreement and may not be changed except by written agreement

57
Q

Most property theft is

A

a crime of opportunity when objects are left in plain view

58
Q

The Addendum for Seller’s Disclosure of Information on Lead-Based Paint is required

A

on all homes built prior to 1978

59
Q

If lead-based paint hazards are discovered during an inspection per the Lead-Based Paint Addendum,

A

the buyer can terminate the contract within 14 days of the effective date of the contract and receive a refund of earnest money

60
Q

In order to terminate a listing early

A

The listing should be terminated using the Texas REALTORS termination of listing form

61
Q

A Realtor® with a prospective buyer approaches the owner of a home that is for sale by owner. The owner agrees to pay the broker a fee if he or she successfully negotiates a sale with the buyer. The broker in this case should:

A

have the owner sign a Registration Agreement Between Broker and Owner

62
Q

An agent lists the property of a seller who has been attempting to sell without an agent for a period of time. The seller has a list of names of people who expressed an interest in buying the property. The seller wants to ensure that, if any of these buyers return and buy the property, that he will not owe a fee to the broker. The agent should:

A

add the Named Exclusions Addendum to the listing

63
Q

Agent Bob wants to generate activity on a listing by advertising that the seller has been transferred and that the seller is “highly motivated” to sell. The best course of action is to:

A

add the Seller’s Authorization to Release and Advertise Certain Information addendum