Unit 4 Flashcards
Principal
Person who delegates authority to another
Agent
Authorized to act for and represent the principle.
Fiduciary
Acts in position of trust and confidence for another. Owes complete allegiance to the principle.
At arms length
Acting on your on behalf without trusting others fairiness and not being influenced by others
Caveat Emptor
Let buyer beware
General Agent
Sales associate and brokers associates are general agents of principal performing general real estate activities for the broker.
Special agent
Authorized by principle to handle a specific business transaction or perform a specific act.
Who determines approximate brokerage relationship?
The broker
Single agent duties
Account for all funds
Deal honestly and fairly
Disclose all known facts that affect value in residential property
Use skill , care, and diligence
Present all offers and counteroffers
Confidentiality
Obedience
Loyalty
Disclosure
What brokerage relationship is presumed if not already Iim written
Transfer action broker
Disclosure requirements for designated sales associate
Buyer and seller must Sign a disclosure notice stating they have $1 million threshold and designate sales associate form of representation.
Reason for brokerage relationship
Fulliment of relationship
Mutual agreement to terminate
Expiration of the terms of agreement
Broker renounces the relationship by giving notice
Principal or customer cancels relationship by giving notice
Death of seller
Death of buyer
Destruction of property or condemnation by eminent domain.
Bankruptcy of principle or the customer.
Transaction broker duties
Account for all funds
Deal honestly and fairly
Disclose all known facts
Use skill, care, and diligence in the transaction.
Present all offers and counteroffers .
Excercise limited confidentiality unless waived in writing
Perform any additional duties that are mutually agreed to
Transactions that don’t require brokerage relationship disclosure
Nonresidental transactions
Renal or lease
Business opportunities
Auction
Appraisal
How long do real estate records and dead files have to be retained
5 yrs