Unit 8 - Agency Contracts Flashcards
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
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 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
Laws designed to preserve the free enterprise of the open marketplace by making illegal certain private conspiracies and combinations formed to minimize competition.
antitrust laws
Brokers conspiring to set fixed compensation rates
price fixing
Brokers agreeing to limit their areas of trade or dealing to certain areas or properties
allocation of customers or markets
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
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
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 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
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 teams up to sell a property, usually to create more effective marketing for the listing client.
co-listing
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 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