Unit 1: Introduction To Modern Real Estate Practice Flashcards
What is a brokerage and broker?
A brokerage is the business of bringing together people who are interested in making a real estate transaction.
A broker acts as an agent of the buyer and seller (or both) in negotiating the sale, purchase, or rental of property.
What is a sales agent?
A sales agent is a license holder employed by or associated with a broker who conducts brokerage activities on behalf of the broker for a fee or commission.
What is residential brokerage? What are the other types of real estate brokerage?
Residential brokerage involves the sale and purchase of a residential property. Other types of real estate brokerage as property management, apartment
locating, commercial brokerage, and the sale of farm and ranch property, require specialization
and sometimes additional education and experience to maintain competency in that area.
What are some of the real estate discipline?
Some real estate–related disciplines include appraising, lending and financing, property
inspection, property development, real estate counseling, real estate education, title insurance
and abstracting, urban planning, time-share sales, petroleum landsmen and women, and
easement and right-of-way registran
What are the different types of real estate property? The market for each of these types of properties can be further subdivided into ?
—residential—all property used for housing, from small city lots to acreage, both single-family and multifamily, in urban, suburban, and rural areas;
—commercial—business property, including offices, shopping centers, stores, theaters, hotels, and parking facilities;
—industrial—warehouses, factories, and land in industrial districts;
—agricultural—farms, timberland, pastureland, ranches, and orchards;
—special purpose—places of worship, schools, cemeteries, and government-held lands; or
—mixed use—any lawful combination of the other five basic categories of real property permitted by local zoning
The market for each of these types of properties can be further subdivided into (1) the sales
market, which involves the transfer of title, and (2) the rental market, which involves the use
of space on a lease basis.
The Texas Legislature created what by amending the TRELA?
The Texas Legislature created the Education Standards Advisory Committee (ESAC) by
amending the Texas Real Estate License Act (TRELA) in 2011
What is the mission of ESAC?
The mission of the ESAC is to
regularly review and revise curriculum standards, course content requirements, and instructor
certification requirements for qualifying and continuing education courses.
How is the purchase of real estate is an entirely different type of transaction from the purchase of
personal property such as groceries, clothing, fuel, automobiles, etc?
Although
every type of sales transaction creates a change of ownership involving certain relatively simple
legal problems, even the simplest of real estate transactions brings into play a body of complex
laws.
Real estate brokers and sales agents must have a broad understanding of law and how various
laws affect real estate activities.
Generally in the US there are how many sources of real estate law that affect the ownership and transfer of real estate? And what are they?
There are 7 sources of real estate law:
1. These sources are the Constitution of the United States;
2. laws passed by Congress;
3. federal regulations adopted by the various agencies and commissions createdby Congress;
4. state constitutions;
5. laws passed by state legislatures; 6. ordinances passed by cities,
towns, and other local governments; 7. court decisions.
What countries have influenced the development of Texas legal principles? Give example
The Spanish, Mexican, and
French because they among the “six flags over Texas.
Texas has adopted the English common law for
certain rules, such as riparian water rights, and has drawn heavily on Spanish law for doctrines
such as community and separate property.
The primary purpose of the U.S. Constitution and the individual state constitutions?
The primary purpose of the U.S. Constitution and the individual state constitutions is to
establish the rights of citizens and delineate the limits of governmental authority.
Example: 14th amendment
What do Laws passed by Congress and by state and local legislative bodies establish?
Laws passed by Congress and by state and local legislative bodies may establish specific provisions,
or they simply may set broad standards of conduct and establish administrative enforcement
agencies. Federal fair housing laws prohibiting discrimination are examples of laws passed by
the U.S. Congress; the Texas Real Estate License Act, which regulates real estate professionals,
is a state statute passed by the Texas Legisla
What do Laws passed by Congress and by state and local legislative bodies establish?
Laws passed by Congress and by state and local legislative bodies may establish specific provisions,
or they simply may set broad standards of conduct and establish administrative enforcement
agencies. Federal fair housing laws prohibiting discrimination are examples of laws passed by
the U.S. Congress; the Texas Real Estate License Act, which regulates real estate professionals,
is a state statute passed by the Texas Legisla
Governmental agencies that enact rules and regulations range from the federal Consumer
Finance Protection Bureau (CFPB) to the Texas Real Estate Commission to local zoning
boards. The regulations passed by these agencies are a means of implementing and enforcing legislative acts; they provide detailed information regarding legal and illegal actions and
practices; they designate penalties and violations; and they expand on the law and have the
effect of law
What do Decisions handed down by federal, state, and municipal courts establish?
Decisions handed down by federal, state, and municipal courts serve to clarify and interpret laws,
regulations, and constitutional provisions. By applying and interpreting the laws in relation
to a specific event, a court decision expands the meaning of the law, establishing a precedent
that may be used as a standard in subsequent similar cases.
Real estate ownership and transfer is all affected by common law
Real estate ownership and transfer are affected by common law, which is the body of rules
and principles founded on tradition and court decisions. It is derived mainly from practices
developed in England and, as it applies to the United States, dates back to practices in effect
during the American Revoluti
What is courts of equity?
Some remedies provided under common law were considered too harsh, and as a result, courts
of equity evolved to provide relief on the basis of equitable principles. Although Texas does
not have separate courts of law and equity, Texas judges are permitted to grant both legal and
equitable remedies to ensure justice.
The general sources of law encompass what specific areas that are important to the
real estate practitioner?
The general sources of law encompass a number of specific areas that are important to the
real estate practitioner. These include the law of contracts, general property law, landlord-tenant
law, the law of agency (which covers the obligations of a broker to the person who engages
his services), the real estate license law, and consumer protection laws.
In 1949 the Texas Legislature established what? What was it changed to in 1955?
In 1949, the Texas Legislature established the Texas Real Estate Commission (TREC).
.
The act’s name was changed to the Texas Real Estate License Act (TRELA) in 1955. The
purpose of TRELA is to protect the public through regulation of real estate license holders,
real estate inspectors, residential service companies, and entities offering timeshare interests.
What is The Texas Real Estate Commission (Commission) ?
The Commission oversees the licensing
and certification of real estate sales agents and brokers, home inspectors, and right-of-way
registrants; the registration of time-share developments and home warranty companies; the
accreditation of prelicense and continuing education providers; and the approval of real estate
courses and instructors.
What is the Texas Appraiser Licensing and Certification Board (TALCB)?
It is housed within the Texas Real Estate Commission that licenses real estate
appraisers in Texas under state and federal laws.
Who is and isn’t required to have a real estate license?
Persons who deal only with their own property are not required to hold a real estate license.
However, any person who, for compensation or the promise of compensation, lists or offers
to list; sells or offers to sell; buys or offers to buy; negotiates or offers to negotiate—either
directly or indirectly—for the purpose of bringing about the listing, sale, exchange, purchase,
option to purchase, auction, rental, or leasing of real estate is required to hold a valid real
estate broker’s license.
The members of the National Association of Real
Estate Brokers (NAREB) are known a
Realtists
What is the largest real estate trade organization?
.
The largest real estate trade organization is the National Association of REALTORS® (NAR),
founded in 1908. It serves members’ interests by keeping them apprised of developments
in their field, publicizing the services of members, improving standards and practices,
and recommending or taking positions on public legislation and regulations affecting the
operations of members and member firms.