The Basics Flashcards
Licenses exist to..
protect consumers through a form of police power. (the right of gov yo enact laws to protect public)
Must be licensed in order to..
receive a fee/expect to receive a fee for real estate advertising:
- selling
- renting
- leasing
- negotiating
- exchanging
- purchasing
- dealing
Who creates the licensure laws?
State Legislature
Conflict between Fed and State Laws
Fed laws trump state
Salesperson
- Must affiliate with broker to practice RE
2. May not accept direct client payments
Broker
- can do everything a salesperson can do
- can operate independently
- can accept payments directly from client
- can handle escrow funds (client deposits)
Employing Broker vs Associate Broker
employing broker (broker): have all authority associate broker (broker associate): has broker's license but chooses to work under another broker. Cannot handle escrow
Relators License
a membership in a trade association
Opening a Realtor’s Office
all agents must be associated to a local realtor association. assessment would occur if they aren’t following this
Listing Agent
hired by seller. best interest in selling property for the most money in the shortest timeframe.
Sell/Purchase Process
- prep property for sale
- Advertise the property (MLS, online, newspaper)
- Interested buyer will contact the seller’s agent or get a buyers agent. showing will conduct
- ask buyers estimated timeframe, pre-approved, what they are looking for in home
- Buyer submits offer, seller can accept
- P&S is drafted and signed
- Once T&Cs are met from P&S (secure financing, inspection etc.), closing takes place
- brokerage and agents will receive commission
Principal
the client who hires the agent
Special Agent
the broker who is hired and paid by the principal
Subagent
the broker’s agent (salesperson or associate broker) who is paid by broker
1099
independent contractor who is paid by job or commission. taxes withheld from pay and considered self employed.
may also take advantage of tax write-off (tax deduction).