Real Estate Ky Test Ch 4 part 1 Flashcards
What are the required provisions to be in a listing contract?
(a) Listing price of the property, unless the sale is to be by auction;
(b) Date and time of the signing of the listing contract for all parties who sign;
(c) First and last name of the principal broker and the full name of the real estate brokerage company;
(d) Effective date and time of listing and advertising, if different;
(e) Date of expiration of the listing contract;
(f) Fee, compensation, or other valuable consideration agreed upon between the principal broker and the client;
(g) Address or a general description of the real estate sufficient to identify the parcel or parcels;
(h) Signatures and printed names of all parties necessary to affect a sale of the property, including any dower or courtesy considerations or the official representative of a legal entity, that is the subject of the listing agreement;
(i) Special directions of the client concerning limitations or restrictions on showings; and
(j) Date, time, and initials for all changes on the contract prior to acceptance.
The listing contract creates __________ relationship between the _______ and ___________ _______
- Special Agency aka: limited agency
- seller
- principal
- Broker
What are the 3 types of listings?
- exclusive right to sell listing
- exclusive agency listing
- open listing
D: Exclusive Right to Sell Listing
Once the listing is signed by all of the owners, regardless of who finds the buyer, the principal broker is, by the terms of the contract, the procuring cause and has earned the commission.
This listing assures the principal broker that the seller will not try to find a buyer and cut the principal broker out of his/her commission.
What type of contract is a Exclusive Right to Sell Listing?
Bilateral Contract
D: Bilateral Contract
There are two parties to the contract and each has duties to perform.
Under the contract the principal broker has to attempt to find a buyer and the seller is obligated to pay the commission if the principal broker finds the buyer.
Neither can terminate the agreement without the agreement of the other one.
D: Exclusive Agency Listing
The seller retains the right to sell the property and not pay the principal broker a commission.
The listing broker is the only principal broker with the listing, but is still in competition with the seller.
If the principal broker, not the seller, is the procuring cause of the sale, the principal broker is paid.
D: Open Listing
Is the least popular type of listing.
The seller can list the property with as many principal brokers as he/she chooses.
Commission is paid to the principal broker who is the procuring cause.
If the seller sells the property, none of the principal brokers are paid.
What type of contracts are
- Exclusive Agency Agreement
- Open Listing
Unilateral Contracts
D: Unilateral Contracts
Only one party has to perform, and that is the seller.
The principal broker is not required to perform, but is he/she does perform and sell the property, the seller is obligated to pay the commission.
In what ways can listings be terminated?
- The very best way is when the property is sold and closed. That is referred to as performance.
- They may expire by their terms, which is why Kentucky requires a termination date and time in each listing.
- Destruction of the property will terminate the listing. If a tornado takes the house away, the listing contract is terminated.
- If the use of the property is changed through no fault of the owner. For example, the state wants to widen a road and “takes” the property for that purpose.
- Operation of law where the title to the property is taken away from the owner through foreclosure or bankruptcy. Basically, there is a law that overrides the owner’s right to retain title to the property.
- Mutual agreement between the principal broker and seller.
- If the principal broker dies or becomes mentally disabled, the listing will terminate. This does not apply if it is the affiliate who dies or becomes mentally disabled. Remember, the listing contract is between the seller and principal broker, not seller and sales associate.
True or False
The best way to terminate a listing is by mutual agreement.
False
The best way to terminate a listing is by performance.
True or False
The statute of frauds requires real estate contracts to be in writing to be enforceable.
True
This is the basic rule of real estate. It also requires leases for longer than a year and listing contracts to be in writing to be enforceable.
True or False
The listing principal broker is known as the selling agent.
False
The principal broker who lists the property is known as the listing broker.
True or False
The principal is the seller in the listing contract.
True
True or False
Procuring cause refers to the licensee who was responsible for bringing the buyer to the property.
True
The procuring cause rule is sometimes referred to as the “but for” rule. But for the efforts of the licensee the transaction would not have occurred.
True or False
If fire destroys the property, the listing terminates
True
Destruction of property is one way the listing contract terminates.
True or False
A bi-lateral contract can be terminated by one party.
False
A bi-lateral contract takes two parties to form and two parties to terminate.
True or False
An open listing may only have one principal broker listing the property.
False
An open listing may only have one principal broker listing the property.
True or False
The listing that gives the listing principal broker the most protection is the exclusive agency agreement.
False
The listing principal broker gets the most protection from the exclusive right to sell contract, because the principal broker gets paid even if the seller sells the property.
D: One-Time Showing Agreement
AKA: Compensation Agreement
The contract permits the principal broker and his/her affiliates to show the property to one prospective purchaser, and if that person buys the property, the principal broker is entitled to the commission that’s been agreed upon.
D: Comparative Market Analysis
Although not explicitly required under the license law, it is recommended that the listing agent prepare a comparative market analysis (comparing this property to similar properties in the area that have recently sold).
The CMA will inform the seller of the likely fair market value (fmv) for the property.
After the fmv is estimated, the listing agent can calculate the net for the seller.
cooperating (co-op) agents is also know as?
- Selling Broker
- Buyer’s Broker
- Cooperating Broker
D: Extender Clause
AKA: Protection Clause, Carry Over Clause
This clause protects the broker from having the seller sell or lease the property after the listing ends to someone who has been introduced to the property during the listing period.
The effective number of days is limited in the listing contract
Many times the seller and buyer either forget about the clause or decide not to wait that long to close.
Prudent agents will give their sellers a list of potential buyers when the listing expires.
Licensees should always follow-up on their expired listings to see if the extender clause has been violated.
A licensee may discuss newly listing the seller’s property that is currently listed if?
- The seller initiates contact with the new licensee to obtain a new listing contract.
- The proposed listing contract states that it shall not take effect until the expiration of the seller’s current listing contract with the original licensee.
- The licensee and seller properly complete and sign the Seller-Initiated Listing Form.
The carry-over clause in a listing
protects the broker from the seller trying to deal around him.
All of the following are types of listings EXCEPT:
A. exclusive right to sell listing
B. exclusive listing.
C. multiple listing.
D. open listing.
C. multiple listing.
Allegations of antitrust violations against principal brokers include all of the following EXCEPT
A. price fixing.
B. boycotting.
C. comparison pricing.
D. tie-in arrangements.
C. comparison pricing.
If the commission is based on the amount of the sales price less the amount the seller wants to receive, the commission is known as
net listing.
When showing a For Sale By Owner property, the appropriate form to get signed to protect the principal broker’s interest is a(an)
one time showing agreement.
The anti-trust laws are designed to
keep the market place competitive.
Under the license law all of the following must be included in the listing contract EXCEPT
A. signature of all owners.
B. listing price.
C. square footage.
D. expiration date.
C. square footage.
Steve lists his property with Principal Broker Chuck by signing an Exclusive Right to Sell Listing Contract. Later that same day, Steve’s neighbor drops by and wants to buy Steve’s house for his son. If Steve’s neighbor buys the house
A. Steve should complain to the KREC that the he is being treated unfairly.
B. Steve must pay the full commission.
C. Steve can pay Broker Chuck one-half (1/2) of the commission, because Chuck has not had any advertising expenses.
D. Steve will not have to pay a real estate commission, because he has three days to terminate Broker Chuck’s contract.
B. Steve must pay the full commission.
In order to educate the seller on the fair market value of her property, a good listing agent will prepare a(an)
CMA
D: Executory Contract
is a contract that has been signed by all parties, but not yet completely performed.
What are the basic essential contract elements?
- Offer & Acceptance
- Consideration
- Legal Competency
- Legal Purpose
D: Offer
AKA: Offer to Purchase
Is the document that is completed by the selling licensee (licensee working with the buyer) that is presented to the listing licensee (licensee working with the seller that may be referred to as the seller’s agent)
D: Offeror
The offeror is the party making the offer or counteroffer and the offeree is the person receiving the offer or counteroffer.
True or False
One essential element of a contract is consideration.
True
Elements of an enforceable contract are offer and acceptance, consideration, legal competency, legal purpose, and consent.
True or False
Legal age to enter into a contract in Kentucky is 21 years.
False
The legal age in Kentucky is 18 years.
True or False
A bilateral contract is for the purchase and sale of two properties.
False
True or False
When an offer is completely agreed upon and signed by all parties but it has not yet been performed, it becomes known as an executory contract.
True
The contract is executory contract because it hasn’t been completely performed.
True or False
An offer is written by the offeree.
False
The offer is written by the offeror.