Practices Flashcards

1
Q

Agent

A

A person authorized by the client to represent him/her in dealings with third parties

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2
Q

Client

A

A client may be a real estate seller, buyer, landlord.

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3
Q

Principal

A

A principal is a client who may be a real estate seller, buyer, landlord.

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4
Q

Third Parties

A

A third party/customer who may be a buyer or tenant.

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5
Q

Customer

A

A customer is also referred to a third party who may be a buyer or a tenant.

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6
Q

Every new licensee should first:

A

Create:
A business plan.
A budget (cash flow

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7
Q

What are the Licensee’s duties to all parties?

A
Reasonable care and skill
Honesty and good faith
Presenting all written communication
Disclosure of material facts
Accounting
Providing a pamphlet on agency law
Disclosing any existing agency relationship
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8
Q

What act refers to Licensees duties to all parties?

A

The Real Estate Brokerage Relationships Act

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9
Q

What is the Real Estate Brokerage Relationships Act?

A

A Washington State Law that Governs when and how real estate relationships are created and terminated, the duties owed by real estate licenses to the parties to a real estate transaction, and when real estate disclosures are to be made. Changed the relationship from fiduciary today statutory list.

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10
Q

Reasonable Care and Skill

A

A licensee is required to use the same degree of care and skill that would be expected of a reasonably competent real estate licensee. If a licensee harms a party because of carelessness or incompetence, he may be held liable for the harm caused by his incompetence.

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11
Q

Honesty and Good Faith

A

A licensee must act toward every party with honesty and good faith. Making inaccurate statements or misrepresentation to prospective buyers or sellers breaches this duty. This could cause a offer to be rescinded and/or sue the licensee and her brokerage firm for damages.

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12
Q

Presenting Written Communications

A

All types of written communications, including all written offers, to or from either party must be presented to the other party in a timely manner. This duty to present all offers continues even afterthought properly is subject to an existing contract or the buyer is already a party to an existing contract.

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13
Q

Disclosure of Material Facts

A

A licensee must disclose s material fact to a party if: the licensee knows about it, and it is not apparent or readily ascertainable by the party.

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14
Q

What is a Material Fact?

A

WA St. Real Estate Law says a material fact information that has a substantial negative impact on the value of the property, on the property’s ability to perform, or on the purpose on the transaction.

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15
Q

In most cases, a material fact requiring disclosure would be a __________ ________ in the property?

A

Latent Defect

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16
Q

What is Latent Defect?

A

A problem that a prospective buyer would not discover by an ordinary inspection. A defect that is not visible or apparent.

17
Q

Accounting

A

Real Estate licensees must be able to account for all funds (or other valuables) entrusted in their care. These are referred to as trust funds. Licensees are required to report the status of all trust funds to their clients on a regular basis. They must also avoid mixing trust funds with their own bus. Or personal funds.

18
Q

Trust Funds

A

Money or things of value received by an agent, not belonging to the agent but being held for the benefit of others.

19
Q

Commingling

A

Missing personal or business funds with the clients funds for any reason. This violates the license law.