SU # 11__Distinguishing Client & Customer Flashcards

1
Q

Define the term client.

A

The person in a transaction that the licensee represents and to whom the licensee owes statutory duties.

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2
Q

Define the term customer.

A

A consumer who is not represented by a licensee, but for whom the licensee is performing ministerial acts.

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3
Q

To whom does a licensee owe statutory duties?

A

To a client

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4
Q

John wants to know from Licensee Paul the size of the bedrooms he saw in a listing on the Internet. John is not represented by anyone. Is John a client, a customer or a consumer?

A

John is a consumer.

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5
Q

What actions demonstrate exercising care when representing a buyer? (4)

A

Helping the buyer locate appropriate housing

Evaluating property values and property conditions

Determining financing alternatives

Presenting offers and counteroffers with the buyer’s interests in mind

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6
Q

What exception exists to the duty of obedience when working with a client?

A

A licensee is not bound by the duty, if the principal’s directions are not legal.

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7
Q

What are the duties a CUSTOMER can expect from a licensee? (3)

A

Honest dealing

Reasonable care and skill

Proper disclosure

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8
Q

A seller’s licensee must disclose what kinds of things to the seller? (5)

A

Purchase offers

Who the prospective purchasers are and if the licensee has a relationship with them in any way

Ability of the purchaser to complete the transaction

Ability of the purchaser to offer a higher price unless the purchaser is also a client

Purchaser’s intention to resell the property for a profit unless the purchaser is also a client

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9
Q

Fiduciary duty is primarily based on ______________.

Trust

Shared Interest

Commission

Due Diligence

A

Trust

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10
Q

When a licensee responds to an inquiry from a person seeking general information, what type of working relationship is established?

Client

Customer

Consumer

Guest Customer

A

Consumer

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11
Q

A licensee has lost a portion of the earnest money. Which fiduciary duty has the licensee violated?

Care

Loyalty

Disclosure

Accounting

A

Accounting

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12
Q

When a licensee represents a seller, what type of relationship is established?

Shareholder

Consumer

Client

Customer

A

Client

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13
Q

Who may be liable when a buyer client’s interests are not protected?

The listing agent

The seller

The buyer’s agent

The principal

A

The buyer’s agent

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14
Q

When a licensee works with an unrepresented seller by showing a buyer client the seller’s property, what type of working relationship is established with the seller, after proper written notice to the seller?

Consumer

Customer

Guest Client

Client

A

Customer

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15
Q

Al Dobbs, a licensee, has been hired by the seller who signed a listing agreement. What is true regarding this situation when a buyer is shown the property by Al Dobbs under Ministerial Acts?

The seller is the customer and the buyer is the client.

The buyer is the customer and the seller is the client.

Both the seller and buyer are clients.

Both the seller and buyer are customers

A

The buyer is the customer and the seller is the client.

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16
Q

With whom do licensees typically have a working relationship?

client, customer, consumer

MLS, seller, commissioner

stakeholder, stockholder, shareholder

husband, wife, child

A

client, customer, consumer

17
Q

Agency relationships impose fiduciary duties on both

Consumer and Seller

Licensee and Consumer

Customer and Client

Client and Licensee

A

Client and Licensee

18
Q

Seller Jane is currently under contract with Broker Jill. Jane meets Broker Fred at a baseball game and they discuss real estate market trends. Jane calls Fred the following week to seek new representation. What action can Fred take?

Fred must get permission from Jane’s broker before speaking with her.

Fred can cancel Jane’s current listing.

Fred must end the conversation and wait until Jane is no longer under contract.

Fred can discuss the terms of a future agency representation with Jane

A

Fred can discuss the terms of a future agency representation with Jane