PRRE - Unit 1: Clients Flashcards
A ___________, by way of signed a contract, is legally represented by a real estate professional and the real estate professional’s brokerage.
Client
A ________ is an individual without a representation relationship. Services provided to them by a real estate professional are to only be performed to advance their client’s interest (e.g.to help their client sell or purchase a property).
Customer
What are the general obligations? (8) CALM DEHN
1) Confidentiality
2) Act in Person
3) Obey Lawful Instructions
4) Perform Mandate
5) Disclose information
6) Exercise care and skill
7) Act Honestly
8) Negotiate Favourable Terms
What are the Fiduciary Duties? (7) ALPACD
1) To Account
2) Utmost Loyalty
3) Not make secret profits
4) Avoid conflicts of interest
5) Handle confidential info properly
6) Disclose Conflicts of Interest
What are the 3 types of Conflicts of Interest?
1) Competing Interests (2 buyers competing)
2) Opposing Interests (a buyer vs a seller)
3) Brokerage Interests (a business contact)
In a non-representation relationship, a customer signs a _________________
Customer Acknowledgement Form
In a representation relationship, a client signs a __________________
Written Service Agreement
__________ is any information that can identify an individual directly.
Personal Information
__________ includes any information concerning the client, including their financial or personal situation, their real estate, and transactions involving them
Confidential Information
What are the 10 Privacy Principles? CLAUS CAPIO
1) Consent
2) Limiting Collection
3) Accountability
4) Limiting Use, Disclosure, Retention
5) Safeguards
6) Challenging Compliance
7) Accuracy
8) Identifying Purpose
9) Individual Access
10) Openness
CASL stands for …
Canadian Anti-Spam Legislation
2 Exceptions for disclosing client’s confidential info
1) If it is a legal requirement
2) If written permission is provided
4 examples of confidential info
1) Reason to buy / sell
2) Motivation to buy / sell
3) Price to accept / pay
4) Offers received / submitted
_____________ has no limits on the power of the attorney to make decisions about the donor’s financial and legal affairs.
General Power of Attorney
__________________ grants specific or limited powers to the attorney to make certain decisions or act on the donor’s behalf. In Alberta they can make deals regarding land, and suspend the owner’s (i.e. donor) right to deal with the land when the POA is registered on the Certificate of Title
Specific Power of Attorney
_______________________ appoints an attorney to make financial and legal decisions on behalf of the donor and takes effect as soon as the Power of Attorney is dated, signed, and witnessed
Immediate Power of Attorney
_______________ appoints an individual to make financial and legal decisions on behalf of the donor and takes effect upon any of the follow:
*The donor becomes mentally incapacitated.
*Immediately upon it being dated, signed and witnessed and continues if the donor become incapable of managing his or her financial and legal affairs
*When some other event specified by the donor occurs sometimes referred to as a “Springing POA”
Enduring Power of Attorney
Steps that real estate professionals must take when presented with a POA:
1) Take reasonable steps to ensure the donor is not deceased (alive).
2) Check Title to confirm that POA is registered on the Title.
3) Check ID of the Attorney to ensure it’s the correct person.
4) Get a copy of the POA.
5) Submit all paperwork to the brokerage
A Trustee will be listed on the certificate of title. True or False?
True
Will the Executor or the beneficiaries be listed on the Title?
Only the Executor
An ___________ is a person to whom an interest or right in real property is legally transferred. An ____________ is the person who transfers a right or interest in real property.
Assignee
Assignor
What are the 5 Ds of Role Clarity?
1) Discuss
2) Determine
3) Document
4) Disclose
5) Do
