Real Estate Brokerage Flashcards
Real Estate Broker
A person licensed to buy, sell, exchange, or lease real property for others and to charge a fee for these services.
Brokerage
The business of bringing parties together.
Real Estate Salesperson
A person licensed to perform real estate activities on behalf of a licensed real estate broker.
All of the activities of a REAL ESTATE SALESPERSON are directed by that broker, performed in the name of that broker and are remunerated by that broker.
Real Estate Assistant
A real estate LICENSEE or a person without a real estate license (depending on state law) with fundamental understanding of the real estate industry who serves as office manager, marketer, organizer and/or facilitator.
Broker’s Compensation
The contractually specified amount the broker earns when work for which the broker was hired to perform is accomplished. Broker’s compensation must be negotiable, although a Broker may set a minimum acceptable rate.
Broker’s compensation may be calculated as:
1) Commission or Broker’s Fee (% of price)
2) Flat Fee
3) Fee for Service
4) Hourly Rate
Tests for entitlement to commission
To be entitled to real estate sales commission, an individual must be:
1) A licensed real estate broker
2) The procuring cause of the sale
3) Employed by the buyer or seller under contract
**Procuring Cause
The unbroken chain of events resulting in a sale that were caused by a broker under contract or promise of payment.
Ready, Willing and Able Buyer
One who is prepared to buy on the seller’s terms and ready to take positive steps toward consummation of the transaction.
Real Estate Salesperson
Any person licensed to perform real estate activities on behalf of a BROKER.
4 Primary Anti-trust Activities
1) PRICE-FIXING
2) GROUP BOYCOTTING
3) ALLOCATION OF CUSTOMERS OR MARKETS
4) TIE-IN AGREEMENTS
Price-Fixing
Practice of setting prices for products or services rather than letting competition in the open market establish prices. Competing brokers agreeing to set uniform sales commissions, fees or management rates are examples of this practice in real estate.
Group Boycotting
Two or more businesses conspiring against other businesses or agreeing to withhold their patronage to reduce competition.
Tie-in Agreement
Selling a desirable item or service only on the condition of the purchase of less desirable or unwanted item.