Section 11: Agency Relationships in Florida Flashcards
Duties owed to customers (non-fiduciaries)
- Disclosure of material facts
- Honesty
- Integrity
- Accounting for trust funds
April and Wayne are the buyer and seller of a condo, respectively. April is represented by Steve.
Wayne is represented by Wanda. Name the principal(s) in this transaction.
April and Wayne
An unrepresented WHAT who’s a party to a transaction is known as a principal.
Customer
Someone with an agency representation wiht a real estate salesperson or broker is the definition of a
Client
Betsy is buying a home from Joe. Joe’s listing agent is Keri, and Betsy has no representation. Which
of these statements is true about this transaction?
Joe is Keri’s client, and Betsy is Keri’s customer.
Who is a person that’s been placed in a position of loyalty and trust in a real estate transaction?
Fiduciary
Single Agent duties
Acronyms “DADUP” and “COLD”
Deal honestly and fairly
Account for all funds
Disclose material facts
Use skill, care and diligence
Present all offers and counters
Confidentiality
Obedience
Loyalty
Disclosure (full)
Transaction Broker duties
Acronyms “DAD” and “PUMA”
Deal honestly and fairly
Account for all funds
Disclose all known material facts
Present all offers and counters
Use skill, care and dilligence
Maintain limited confidenciality
Any additional duties agreed on
No Broker duties
Acronym “DAD”
Deal honestly and fairly
Account for all funds
Disclose all known material facts
Designated Sales Associate
- buyer and seller have more than $1M in assets
- Sale is non-residential
Brokerage may designate two sales associates to act as single agents for each party in the transaction
You’ve entered into a nonrepresentation relationship with a buyer who wants to see one of your listings. What duties do you owe to that customer?
Acronym “DAD”
Deal honestly and fairly, account for all funds, and disclose material facts.
Which authorized brokerage relationships includes fiduciary duties?
Single agency
Which duties are among those owed by a designated sales associate?
Confidenciality, obedience, loyalty, full disclosure
Which benefit of full representaiton applies to single agent only?
Loyalty