Test Flashcards

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1
Q

What is agency?

A

It is when the agent, acts for or on behalf of another person, the Principal.

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2
Q

This principle is widely recognized as…

A

The, Client.

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3
Q

The ____ is the one who hires and gives authority to the agent.

A

The, Principal.

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4
Q

The ____is the one who represents or works for the principle.

A

The, Agent.

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5
Q

The purpose of _______is to protect the public from unscrupulous brokers and sales agents.

A

TRELA
The Texas Real Estate License Act.

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6
Q

This broker are able to sell the listings of another broker and either act as a sub-agent to the listing broker or represent the buyers under an agency agreement.

A

Cooperative broker

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7
Q

A principal has a set of duties and responsibilities towards an agent.
These are?

A

C.R.I.P
compensation, reimbursement, indemnification and performance.

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8
Q

The agent’s payment should be made upon the completion of the agency.

A

Payment focompensation.

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9
Q

The principal is responsible for reimbursing the agent for expenses that exceed the expenses related to the sale and were incurred on the principal’s behalf.

A

Reimbursement

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10
Q

What is indemnification?

A

The principle will protect the agent from suffering a loss due to the agents, reliance on information received from the principal

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11
Q

If the seller provides false information and the broker passes it on to the potential buyer, can the broker justified in asking for indemnification?

A

True

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12
Q

When a property is listed by an agent, it is generally expected to be available for showings. The principal also has a duty to assist the agent in achieving their objectives. This is commonly referred to as

A

Performance

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13
Q

A listing agreement or buyer representation agreement in writing serves as evidence that the agency relationship exists and gives the agency _____

A

Express authority

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14
Q

If the principal give oral instructions to the agent, can this be considered as express authority?

A

True

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15
Q

Weekend and evening showings are standprard practice in residential real estate and this authority is defined as

A

Implied authority

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16
Q

Restatement of Agency, States the….

A

Fiduciaries are held to the highest amount of good faith and are required to exclude all self-interest.
Make full disclosure of all relevant facts.

17
Q

One common example of a general agent is real estate is

A

Property Manager

18
Q

It has less authority than the universal agent.
And as a ____agent, an individual has the right to represent his/her principal in a particular type of transaction or business

A

General Agent

19
Q

What does OLDCAR means?

A

Obedience
Loyalty
Disclosure
Confidentiality
Accounting
Reasonable care

20
Q

An agent must follow all of the clients lawful instructions. This duty is know as

A

Obedience

21
Q

When a broker spends their client’s funds without authorization, that broker is guilty of

A

Conversion

22
Q

How agency can be terminated?

A

1-the expiration of the period stated in the listing contract
2-at any time by mutual agreement
3-Bankruptcy of either party

23
Q

Even thought the broker now has a fiduciary duty to the buyer, he also has the on-going duty of CONFIDENTIALITY to the seller.
The duty of confidentiality last forever unless…..

A

The broker is required by law or a court order to disclose the information.

24
Q

Under TREC’s advertising rules, what words are consider misleading

A

Brokerage

25
Q

The broker’s logo does not generally count as the broker name unless,

A

Contains either the broker’s license name or assume business name (DBA) in full (not a shortened version of it) and the printed name is 1/2 the size of the largest contract information in the ad

26
Q

In texas, most sellers prepare a seller’s disclosure notice. Is the seller responsible for its accuracy?

A

Yes

27
Q

When some adverse event occurs on the property, people believe that this event can affect the sale of the property. This is considered

A

Stigmatized

28
Q

Is death on the property considered as stigmatized?

A

Yes

29
Q

Requirements of a valid listing agreement include:

A

1-The signatures of all of the owners and the listing agent
2-A legal description of the property, including the street address
3-The agreement to pay a stated commission to the broker, usually a percentage of the sales price

30
Q

Give the seller the right to list the property with multiple competing brokers and to sell the property personally without liability for payment of a commission

A

Open listing

31
Q

The open listing has resulted in many lawsuits between brokers, each claiming commission. These actions are know as

A

Procuring cause lawsuits