Unit 8 Flashcards

1
Q

What is required by law to be written in an office manual?

A

A description of the relationship the firm offers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

True or False? CO only allows single agency?

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Define single agency.

A

A limited agent with statutory duties.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the statutory duties of a single/limited agent?

A
  1. Carry out terms of the written agreement
  2. Good faith, loyalty, and fidelity
  3. Must not disclose the following without consent: stigmatized property. price, terms, motivation.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Is a stigmatized property a material fact?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Who does a transaction broker manage a transaction for?

A

Neither. Just there manage the transaction, for the transaction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Can a transaction broker recommend opinion or counsel?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Is a transaction broker an advocate or an agent?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the default relationship when no relationship is in writing?

A

Transaction broker

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

True or false? A written listing contract is not required, but the broker must provide a written disclosure for a transaction broker relationship.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Does the transaction broker have to keep info confidential for the benefit of both parties?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is a customer?

A

A party to a transaction who has not engaged or employed a broker (for sale by owner). Who is not represented

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What forms makes a customer, a costumer?

A

A written Brokerage Disclosure to Buyer/Seller

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What language is included in a Brokerage Disclosure to Buyer/Seller?

A

You, as a broker, will tell whoever you rep what the customer says

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

For a person to become a customer, what officially needs to happen?

A

The person must sign it. However, law only requires the broker to give the disclosure at the first physical contact.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Does the brokerage have a legal relationship with a customer?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Does a broker have legal duties to the customer? If so, what are they?

A
  • 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
18
Q

Are dual agency and subagency permitted under CO law?

19
Q

How is a associate broker designated?

A

Designated by the employing broker to represent the client (must be in writing)

20
Q

Is the brokerage relationship with the designated broker associate, with the employing broker, or both?

A

Only the designated broker associate

21
Q

Can the designated broker share confidential information about the principal with the employing broker as part of supervision?

22
Q

Can an employing broker replace a designated broker or add new designated brokers in a transaction?

23
Q

Does an employing broker become part of a contract?

A

No. They only advise

24
Q

Who owns the contract? The brokerage firm or the designated broker?

A

Brokerage firm

25
Who performs the services and has the brokerage relationship? The brokerage firm or the designated broker?
The designated broker
26
What is vicarious liability?
Shared responability
27
Who has vicarious liability for the acts of the employed broker?
The employing broker and the brokerage firm
28
What is Rule E-35?
A broker designated as a listing or buyer's broker for a consumer must disclose that relationship to any other party to the transaction
29
True or False? One person brokerage firms are excluded from designated brokerage because there is no one to designate.
True
30
What is the order in which Rule E-35 (disclose relationship to buyer/seller) must be done? Hint: There are 3
1. Before eliciting or when accepting confidential information (price, terms, motivation). 2. Must happen in writing at firm physical contact 3. On the phone
31
True or False? The broker must make sure that the customer knows who they represent. Any information can be passed along to who you rep. Give the customer a disclosure form.
True
32
True or False? Disclosure must be in writing with the approved form and given to a member of the public?
True
33
True or False? The disclosure form must be signed in order for the broker to be in compliance.
False (just given)
34
FYI - On test: Look for answer "before stating confidential information". If not there, look for "in writing", if not there, look for "on the phone"
...,.,.,.,.,.,.
35
To disclose a relationship to a FSBO, what do you need to give them?
A relationship disclosure form
36
What does a brokerage disclosure to buyer do?
-Defines relationships and gives the buyer written notice of the broker's representation of a seller
37
What does a brokerage disclosure for do when given to a buyer? (who is not your client)
Used to create a customer status and to meet the transaction-broker disclosure requirement
38
Would this agreement hold up in court or state a job description? If not, what does it do?
No; It keeps brokers in compliance with the law
39
If the buyer doesn't sign the disclosure form, what should the broker do?
The broker should sign, give buyer a copy, and keeps one in the broker's file (this makes the broker in compliance with Rule E-35)
40
Is the Definitions of Working Relationships form a mandatory form?
No. Unless a member of the public asks about a brokerage relationship that the brokerage firm does not offer. Used to help educate the public