Unit 3: Agency, Brokerage, and Ethical Considerations Flashcards
Agent
one authorized to act for another
Antitrust Laws
regulations prohibiting price-fixing
Attoney-In-Fact
person authorized to act under a power of attorney
Broker
one authorized to act for another in real estate transactions
Buyer’s Broker
agent who takes a buyer as the principal
Client
principal who engages an agent
Commission
broker’s usual compensation
Consumer Information Statement
written explanation of a business relationship
Customer
third party in a transaction, not the principal
Disclosed Dual Agent
one who works for both the seller and the buyer
Disclosure
revealing to another any pertinent information
Dual Agency
brokers taking both parties as principals
Employee
salesperson whose broker pays Social Security, regulates hours, etc.
Fiduciary
a special relationship of trust and confidence between a principal and an agent
Fiduciary Relationship
trust and confidence between parties
Fraud
intentional misleading of another, who is harmed thereby
General Agent
one empowered for a wide range of actions
Independent Contractor
salesperson who sets own hours, pays own estimated income taxes, etc.
Kickback
illegal sharing of a commission with seller
Latent Defect
problem not discoverable by normal prudent inspection
Law of Agency
rules governing conduct of agents
Listing Agreement
contract by which the owner retains a broker to find a buyer
Meeting of Minds
agreement between a buyer and seller on major points
Megans Law
legislation requiring that communities be alerted to the presence of sex offenders
Power of Attonry
written authorization allowing one person to act on behalf of another
Principal
the one employing an agent; the client
Procuring Cause
the one who brings about a sale
Puffing
harmless exaggeration as salesmanship
Ready, Willing and Able Buyer
one qualified and prepared to purchase
Salesperson
person licensed to assist a real estate broker
Special Agent
one authorized to act for another in a specific transaction
Subagent
agent of an agent
Transaction Broker
one who facilitates a transaction without functioning as an agent
Code of Ethics
standards of conduct adopted by REALTORS®
Conflict of Interests
problem when serving best interests of both the client and oneself
Errors and Omissions Insurance
real estate equivalent of malpractice coverage
Fraudulent Misrepresentation
intentional fraud
Graduate, Realtor Institute
designation awarded for advanced study
Innocent Misrepresentation
unintentional deception committed in ignorance
National Association of Realtors
private nationwide organization of brokers and salespersons
Negligent Misrepresentation
fraud committed by someone who should have known better
New Jersey Realtors
statewide group of real estate licensees who choose to join
Realtor
member of a private national organization
Standard of Care
competence normally expected