Prohibited Practices Flashcards
Misrepresentation
Communicating false information, misinformation.
- Willful= intentionally, done on purpose
- Negligent= accident, not intentional,
Omission
Failing to disclose or provide information
- Willful= intentionally, done on purpose known information.
- Negligent= unaware, accident,
both still result in disciplinary action.
Disclosure of Material Fact
about the property itself,
info pertaining to buyer or seller’s ability to complete the sale.
- Death= not material fact but stimulating fact.
-Aids, sexual offender= not material fact but may choose to disclose.
Conflict of Interest
must disclose if agent has any ties with client or parties pertaining to the transaction.
- False Promises: agents must not over promise, or make promises that are un realistic.
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Fraudulent/ dishonest dealing
-Self Dealing: ex; agent is trying to make a profit from the client aka their principal. this will be a conflict of interest.
Improper Broker Commission
Broker MAY NOT pay commission to any person or for services that violate license law.
Ex: Broke can’t pay unlicensed person for acts that require a license.