Practice Of Real Estate Flashcards
Passed to increase housing opportunities
for people with disabilities and farnilíes
with children under 18 years old,The expansion included two new protected
classes under fair housing laws to prohibit the
discrimination based on handicap (disability) and
familial status. This act expanded the protections
previously listed by its predecessor, the Fair
Housing Act of 1968.
Fair Housing
Amendments Act
(FHAA)
of 1988
An accommodation that is requested,by a qualified protected person that seeks a
property modification for their known physical
or mental limitation,For the accommodation to be reasonable, it
cannot impose an undue hardship on the housing
provider.
Reasonable
accommodation
When a housing provider influences,a potential home buyer or residential
renter to purchase or renta certain property by
limiting the potential buyer’s or renter’s choice,Fair housing laws prohibit steering of families with
children under the age of 18. They also prohibit
steering potential home buyers or residential
renters based on any of the established,protected classes
Steering
Makinga statement that presents,something as more marketable or appealing
than it actually is but cannot be objectively
determined,It is nota factual statement about the property.
For example, a broker can puff by saying “ This is the
best house on the market.” Although puffing may
be misleading at times, it does not concern factual
statements and therefore does not constitute a
misrepresentation.
Puffing
•Real estate agent: has the required
qualifications (age, citizenship,
background check, education, and testing)
established by the state to facilitate the sale
and purchase of property on behalf of others
• Real estate broker: has gone further with the
education process and has earned a broker
license; brokers can also work for themselves,
as opposed to hanging their licenses under
larger brokerage firms
Real Estate Agent
VS
Real Estate Broker
An agent or broker who has joined the National
Association of Realtors (NAR) and subscribes to
their strict code of ethics
Realtor
A broker who has legally established a
brokerage firm and has real estate agents
Broker-In-Charge
(BIC)
Refers to the primary actor (agent or
broker) whose actions resulted in the sale,
This actor is entitled to commission for their
role in the transaction. In some cases, disputes
can arise as to which agent is owed commission.
Procuring cause disputes are often resolved
through arbitration, but they can also be decided
in court.
Procuring cause
Guarantees the broker or agent a commission even if the property listing expires or is canceled
Protection
clause
A negotiated com mission paid to the
licensee through the proceeds of the closed transaction
Brokerage
fee
A fee paid by the buyer to the brokerage upon signing the agency agreement,
Retainer fee
A fee paid by the buyer to the brokerage
upon signing the agency agreement,
Service fee
A fee that is earned by referring a client to another agent (the receiving agent) to service during a particular transaction,
Referral fee
Passed by Congress in 1890 in an effort to ensure “healthy and free market competition”,
Sherman
Antitrust Act
Occurs when there is collusion among
brokerages related to commissions or fees
Price
fixing