Unit 4 Flashcards
Law of Agency
Agency relationships fall within the body of law called the law of agency.
Common Law (Unwritten Law)
Is a law based on usage, general acceptance and custom.
Statutory Law
Is written and enacted by legislature.
Administrative Law
Is a body of law created by administrative agencies in the form of rules and regulations, orders, and decisions.
Agency Relationships in General Business Dealings
Principal- A person who delegates authority to another is called the principal.
Agent- An agent is the person entrusted with another business. An agent is authorized to represent and act for the principal.
Fiduciary Relationships
The agency relationship creates a fiduciary relationship with the principal. A fiduciary acts in a position of trust and confidence for another. The fiduciary owes complete allegiance to the principal.
Transaction Broker Relationship
A transaction broker is a broker who provides limited representation to a buyer, a seller, or both in a real estate transaction, but who does not represent either party in a fiduciary capacity or as a single agent.
The seven duties of a transaction broker:
- Account for all funds.
2. Disclose all known facts that materially affect the value of residential