Unit 8: Agency Contracts Flashcards
Laws designed to preserve the free enterprise of the open marketplace by making illegal certain private conspiracies and combinations formed to minimize competition. Most violations of antitrust laws in the real estate business involve either price fixing (brokers conspiring to set fixed compensation rates) or allocation of customers or markets (brokers agreeing to limit their areas of trade or dealing to certain areas or properties).
antitrust
A principal-agent relationship in which the broker is the agent for the buyer, with fiduciary responsibilities to the buyer. The broker represents the buyer under the law of agency.
buyer agency agreement
A real estate transaction involving two or more brokerage firms, one firm representing the seller and the other representing the buyer.
co-brokered sale
Two brokerage firms team up to sell a property, usually to create more effective marketing for the listing client.
co-listing
A comparison of the prices of recently sold homes that are similar to a listing seller’s home in terms of location, style, and amenities; an estimate of market value; also called a broker price opinion.
comparative market analysis (CMA)
Another term for MLS. See Multiple Listing Service.
cooperative listing service (CLS)
A document evidencing formal employment between employer and employee or between principal and agent. In real estate, this is generally a listing agreement, a buyer agency agreement or a management agreement.
employment contract
A listing contract under which the owner appoints a real estate broker as the exclusive agent for a designated period of time to sell the property, on the owner’s stated terms, for a commission. The owner reserves the right to sell without paying anyone a commission if the owner sells to a prospect who has not been introduced or claimed by the broker.
exclusive-agency listing
A listing contract under which the owner appoints a real estate broker as the exclusive agent for a designated period of time to sell the property, on the owner’s stated terms, and agrees to pay the broker a commission when the property is sold, regardless of who sells the property.
exclusive right-to-sell listing
A carry-over or protection clause in a listing contract that says the listing broker is entitled to commission for a time period after expiration of the listing term if the property is transferred to a prospect that the broker introduced to the property during the listing term; override clause. This clause is void if the property is listed with another broker.
extender clause
Arrangement where consumer asks licensee to perform specific real estate services for a set fee; unbundling of services; limited service firms.
fee-for-service agreement
The length of property along the street or waterfront.
frontage
A real estate transaction where the listing firm actually produces the buyer for their listing, as opposed to a co-brokered or cross sale that involves two firms.
in-house sale
Also known as a fee-for-services agreement, a listing agreement that offers a menu of services and fees for separate broker activities that the client desires (unbundling of services).
limited services agreement
An employment contract between a property owner (as principal) and a real estate firm/broker (as agent) by which the broker is employed to find a ready, willing and able buyer for the owner’s real estate on the owner’s terms, for which service the owner agrees to pay a commission.
listing agreement
Since 2015, a separate North Carolina disclosure form that must be completed by most sellers of residential dwellings regarding the status of mineral, oil, and gas rights.
Mineral and Oil and Gas Rights Mandatory Disclosure Statement
A marketing organization composed of member brokers who agree to share their listing agreements with one another in the hope of procuring ready, willing, and able buyers for their properties more quickly than they could on their own. Most MLSs accept only exclusive right-to-sell or exclusive-agency listings from their member brokers.
multiple listing service (MLS)
A national registry, managed by the Federal Trade Commission, that lists the phone numbers of consumers who prefer to limit the telemarketing calls they receive.
National Do Not Call Registry
A listing based on the net price the seller will receive if the property is sold. Under a net listing, the broker can offer the property for sale at the highest price obtainable to increase the commission. While this type of listing is illegal in many states, it is legal but not encouraged in North Carolina.
net listing
The state law that requires sellers to provide a prescribed property disclosure statement to any prospective buyer prior to presentation of first offer on the property. Exemptions include new construction, foreclosed properties, and lease purchases but not for sale by owner transactions.
North Carolina Residential Property Disclosure Act
A listing agreement under which the broker’s commission is contingent on the broker personally producing a ready, willing, and able buyer before the property is sold by the seller or another broker.
open listing
A carry-over or protection clause in a listing contract that says the listing broker is entitled to commission for a time period after expiration of the listing term if the property is transferred to a prospect that the broker introduced to the property during the listing term; override clause. This clause is void if the property is listed with another broker. see extender clause
override clause
brokers conspiring to set fixed compensation rates
price fixing
The effort that began a chain of events that brings about the desired result. Under an open listing, the broker who is the procuring cause of the sale receives the commission.
procuring cause
An agreement between an unlisted property owner and a broker to secure payment for the broker if the property is sold to the particular buyer named in the agreement; it does not create a general listing, and may not create agency at all—only compensation for a buyer’s agent. Sometimes called a one-shot listing.
protection agreement
Exaggerated or superlative comments or opinions: e.g. “This house has the best view in town!”
puffing
One who is prepared to buy property on the seller’s terms and is ready to take positive steps to consummate the transaction; one of the agent’s requirements for entitlement to commission.
ready, willing and able buyer
A small fee paid by the client upon creation of a buyer agency relationship as an advance partial compensation for services; it may be nonrefundable or applied to final compensation due depending on the agency agreement.
retainer fee
Compensation that is due and payable upon the creation of a valid sales contract for property located by the buyer’s agent.
success fee
