Unit 4: Authorized Relationship, Duties and Disclosure Flashcards
A person who delegates authority to another
the principal
Fiduciary
A person in a position of trust and confidence with respect to another person.
fiduciary relationship
An alliance of trust and confidence that creates a moral and legal obligation when extended by one person and accepted by another.
In the real estate transactions, there are 3 options concerning the role the real estate brokerage firm will assume
- non representation (Or no broker relationship)
- single agent of either the buyer or seller
- transaction broker for the buyer and/or the seller.
dual agent
broker who represents both the buyer and the seller as a fiduciary
True False
Licensees may operate as a dual agent
FALSE
Licensees may NOT operate as a dual agent
License law mandates that a real estate broker working in a no brokerage relationship capacity has three duties:
- deal honest and fairly
- disclose all known facts
- account for all funds entrusted to the licensee
(FS 475 mandates RE broker working as single has the duties required in a no breakage relashionship …) Four duties apply exclusively to a broker working as a single agent
Confidentiality
Obedience
Loyalty
Disclosure
What is required for residential transactions when a single agent relationship or nonrepresentational is chosen
written disclosure
residential sale transaction
4-4-10
defines a sale of improved residential property of 4 or fewer unit, sale of unimproved residential property intended for use as four or fewer units,or the sale of agricultural property of 10 acre or fewer acre.
List reasons that a brokerage relationship may be terminated
- Fulfillment of the brokerage relationship purpose
- Mutual Agreement to terminate
- Destruction of the sellers property
- Death of the seller’s broker or the seller before the brokers funds a ready, willing, and able buyer
- Bankruptcy of the principal or the customer
Designated sales associates have the duties of a _____ _____.
Single agent
Mention types of transactions that does not require brokerage relationship disclosure
- non- residential transactions
- rent or lease agreement (except when there is an option to purchase residential property)
- business opportunities (except for property with four or fewer residential units)
- Auctions
- Appraisals
For how long does the broker must retain brokerage relationship disclosure?
five years for all residential transactions that result in a written offer/ and all nonresidential transactions that uses designates sales associate.