Section 4 Flashcards

1
Q

someone who acts in a special position of trust and confidence.

A

fiduciary

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2
Q

formed when one party agrees to act for the benefit of the other party.

A

fiduciary relationship

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3
Q

person delegating authority for the other to act on his or her behalf

A

principal

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4
Q

Three types of agency relationships

A

Universal
General
Special

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5
Q

has broad powers that cross over into all aspects of an individual’s life

A

universal agent

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6
Q

agent limited to one specific area of the principal’s life

A

general agent

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7
Q

Real estate licensees are _____ _____ of the employing broker

A

general agent

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8
Q

When a broker is hired to be a property manager, the broker is a _____ _____ of the property owner.

A

general agent

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9
Q

agent appointed for a specific purpose or to handle a single business transaction.

A

special agent

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10
Q

A real estate broker is a _____ _____ when working for either a buyer or a seller in the transfer of property.

A

special agent

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11
Q

Acting as a fiduciary for two opposing parties creates a

A

dual agency relationship

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12
Q

In Florida dual agency is

A

illegal

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13
Q

Agency relationships are determined by the

A

broker

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14
Q

DELETE

A

DELETE

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15
Q

may represent EITHER a buyer or seller but never both in the same transaction.

A

Single Agent

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16
Q

may represent EITHER a buyer or seller or both parties in the same transaction.

A

No Brokerage relationship

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17
Q

Is payment required to form an agency relationship?

A

no

18
Q

Agency may be terminated by:

A
Lapse of time
purpose achieved
mutual agreement
certain events
court action
19
Q

Agency disclosure requirements for residential sales must be met as outlined in the

A

Brokerage Disclosure Act

20
Q

A broker is presumed to be working in the capacity of a _____ _____ unless a disclosure is made in writing to the buyer or seller of residential property that either a single agency or a no brokerage relationship has been formed.

A

transaction broker

21
Q

must be provided before or at time of entering into a listing agreement or before showing property to a buyer.

A

Single agent disclosure

22
Q

must be provided before showing property to a buyer.

A

no brokerage notice

23
Q

in a _________ _______ where the buyer and seller each have assets of $1 million or more, the broker at the signed request of the customers may designate salesassociates to act as single agents for both the buyer and the seller in the same transaction.

A

non-residential transaction

24
Q

How long must brokerages maintain disclosure forms?

A

5 Years

25
Q

One who acts on the behalf of another.

A

agent

26
Q

Refers to the time prior to licensing laws when all risk and responsibility was on the buyer, known as “Let the buyer beware”

A

caveat emptor

27
Q

Change in the relationship between agent and principal (must be written.)

A

consent to transition

28
Q

member of the public that potentially may become employer of the broker in a transaction.

A

customer

29
Q

representing both the buyer and the seller in a transaction. NOT legal in Florida.

A

dual agent

30
Q

person entrusted with confidence and respect to principal.

A

fiduciary

31
Q

Agent authorized to perform only acts related to on going business of a particular nature

A

general agent

32
Q

Specifically transaction broker. To buyer/seller or both provide limited non-fiduciary representation.

A

limited reprentation

33
Q

A no brokerage agreement is

A

non-representation

34
Q

The person employing the broker.

A

principal

35
Q

the amount paid on a loan that reduces the total outstanding amount owed.

A

principal

36
Q

Described as 4 or fewer units, property intended for 4 or fewer units, agricultural property of 10 or fewer acres.

A

residential sale

37
Q

Represents either the buyer or seller in a transaction –but not both

A

single agent

38
Q

agent that performs a particular act in a transaction.

A

special agent

39
Q

An agent under the original agent.

A

subagency

40
Q

Provides limited representation to buyer/seller or both but does not represent either as a single agent or in a fiduciary capacity

A

transaction broker