Unit 8 Flashcards
What is required by law to be written in an office manual?
A description of the relationship the firm offers
True or False? CO only allows single agency?
True
Define single agency.
A limited agent with statutory duties.
What are the statutory duties of a single/limited agent?
- Carry out terms of the written agreement
- Good faith, loyalty, and fidelity
- Must not disclose the following without consent: stigmatized property. price, terms, motivation.
Is a stigmatized property a material fact?
No
Who does a transaction broker manage a transaction for?
Neither. Just there manage the transaction, for the transaction
Can a transaction broker recommend opinion or counsel?
No
Is a transaction broker an advocate or an agent?
No
What is the default relationship when no relationship is in writing?
Transaction broker
True or false? A written listing contract is not required, but the broker must provide a written disclosure for a transaction broker relationship.
True
Does the transaction broker have to keep info confidential for the benefit of both parties?
Yes
What is a customer?
A party to a transaction who has not engaged or employed a broker (for sale by owner). Who is not represented
What forms makes a customer, a costumer?
A written Brokerage Disclosure to Buyer/Seller
What language is included in a Brokerage Disclosure to Buyer/Seller?
You, as a broker, will tell whoever you rep what the customer says
For a person to become a customer, what officially needs to happen?
The person must sign it. However, law only requires the broker to give the disclosure at the first physical contact.
Does the brokerage have a legal relationship with a customer?
No
Does a broker have legal duties to the customer? If so, what are they?
- Disclosure of material facts
- Honest and fair dealing and care
- Accounting for property or things of value
- May do anything for the customer that does not violate their agency relationship
Are dual agency and subagency permitted under CO law?
Yes
How is a associate broker designated?
Designated by the employing broker to represent the client (must be in writing)
Is the brokerage relationship with the designated broker associate, with the employing broker, or both?
Only the designated broker associate
Can the designated broker share confidential information about the principal with the employing broker as part of supervision?
Yes
Can an employing broker replace a designated broker or add new designated brokers in a transaction?
Yes
Does an employing broker become part of a contract?
No. They only advise
Who owns the contract? The brokerage firm or the designated broker?
Brokerage firm