Unit 8 Exam Flashcards
Every member of the National Association of REALTORS® must take at least two and a half hours of ethics training every year.
F
The emphasis in the National Association of REALTORS® TV campaign has shifted from public awareness to public advocacy.
T
The conduct of treating other people kindly and not giving them pain is a part of Jacob Abbott’s principle of “politeness.”
T
Real estate agents have moved from the bottom of the Gallup Poll list of ethical professions to the top position.
F
The concept of “leading from the middle” is one of the new megatrends set forth by Steven Covey.
F
Before providing substantive real estate services to a prospect, licensees are legally and ethically required to ask whether the prospect is already being represented by another agent.
T
Gender identity has now been added to the nine protected classes listed in Article 10 of the Code.
T
Responding to other agents’ calls, faxes, and emails promptly and courteously is included in the Pathways to Professionalism as showing “respect for the public.”
F
Tennessee state law requires that licensees disclose latent defects and stigmas on properties.
F
Tennessee state law requires that licensees disclose latent defects and stigmas on properties.
F
The decision of either an ethics or an arbitration hearing panel can be appealed to the board of directors.
F
The Code of Ethics and Arbitration Manual contains specific sanctions that must be followed for each Code violation.
F
The Grievance Committee is responsible for making a final judgement on whether a violation of one of the articles of the Code has occurred.
F
Match:
Advanced written informed consent Flip Until closing Cooperating agent Representation Gender identity
A)
Protected category under the Code of Ethics, added in 2014
B)
Responsible party to ascertain commission offered by listing firm
C)
Must be obtained before practicing dual agency in Tennessee
D)
Time period to continue to present offers to the seller
E)
What does not have to be given in order to receive compensation
F)
Buying property, then selling for quick profit
Advanced written informed consent = C
Flip = F
Until closing = D
Cooperating agent = B
Representation = E
Gender identity = A
An unethical tactic of offering a property for sale with the intent not to sell at the price advertised is
A) lis pendens. B) bait and switch. C) subrogation. D) pur autre vie.
Explanation
The answer is bait and switch. Bait and switch is an unethical practice of deceiving the public.
Article 1 of the Code of Ethics states that licensees should be honest and fair with all parties, and should promote and protect the interests of their
A) broker. B) affiliate broker. C) client. D) customer.
Explanation
The answer is client. The client is the most important party in the transaction, even more important than the agent’s own self-interest.
If a consumer asks a licensee to give legal advice about a real estate situation in which the consumer is involved, the licensee should
A)
recommend that the consumer consult an attorney for legal advice.
B)
limit the legal advice to not more than 50 words.
C)
ask the licensee’s broker to give the legal advice.
D)
give the best legal advice the licensee can render.
Explanation
The answer is recommend that the consumer consult an attorney for legal advice. Unless licensed separately as a Tennessee attorney, licensees may not give legal advice.
According to Article 7, to receive compensation from more than one party, it must be disclosed in writing and
A) neither party needs to be represented. B) both parties must be represented. C) it will always be offered by the listing firm. D) at least one of the parties must be represented.
Explanation
The answer is neither party needs to be represented. Compensation can be negotiated without either party being represented. If compensation is received from both parties, disclosure must be made to both parties.
All members of the National Association of REALTORS® (NAR) are required to take two and a half hours of ethics training
A) annually. B) every three years. C) every licensing period. D) every four years.
Explanation
The answer is every two years. The NAR requirement for ethics training is two and a half hours biennially. Many states require a specific number of hours of ethics training every licensing period or every two years.
Enforcement of the NAR Code is primarily enforced by
A) a circuit court. B) the League of Women Voters. C) the local board or association level. D) TREC.
Explanation
The answer is the local board or association level. A written Code of Ethics has little meaning if there is no enforcement of the ethical principles included in the Code. Although in some circumstances, a case may be referred to the state level.
All of the following are recommended (not mandatory) sanctions provided by the NAR, EXCEPT
A)
revocation of member’s license.
B)
expulsion from membership for one to three years.
C)
suspension of MLS rights and privileges for not less than 30 days or more than one year.
D)
letter, warning, or reprimand, with a copy for the member’s file.
Explanation
The answer is revocation of member’s license. Only the state licensing authority (Tennessee Real Estate Commission) can revoke a member’s license to practice real estate.
If other real estate services do not conflict with a current agency, licensees may
A)
disregard the Code of Ethics in presenting those services.
B)
not offer those services to another licensee’s client.
C)
offer those services to another licensee’s client.
D)
use the MLS to target other licensee’s clients.
Explanation
The answer is may offer those services to another licensee’s client. As long as the services do not conflict with the present agency, property management as opposed to general brokerage, there is no ethics violation.
A property has been listed, and the listing is placed in the multiple listing service (MLS). Because the MLS offers cooperation, cooperating brokers may
A) expect a 50/50 split on the commission. B) not expect an offer of compensation. C) expect an offer of compensation. D) expect a referral fee.
Explanation
The answer is not expect an offer of compensation. It is up to cooperating brokers to establish offers of compensation before submitting their buyer’s offer.
When asked about the racial, religious, or ethnic makeup of a neighborhood, residential licensees should
A)
answer the question as accurately as possible.
B)
not comment.
C)
answer the question in writing to reduce risk.
D)
gather the information from a reputable source.
Explanation
The answer is not comment. Real estate licensees should never answer questions that require a discriminatory answer.
A prime source of fraud and falsification occurring in today’s real estate market is in
A) minority lending. B) short sales. C) rental housing. D) lower interest rates.
Explanation
The answer is short sales. Due to the complexities of short-sale transactions, many examples of fraud and falsification are found in that area of the market.
A buyer signed a purchase agreement yesterday. He has no idea what he signed because he has not been given a copy of the agreement. Article 9 of the code states that signers of real estate documents must be given a copy of what they sign
A) at the time of signing or initialing. B) after the contract becomes a binding agreement. C) at the closing. D) within 48 hours of signing or initialing.
Explanation
The answer is at the time of signing or initialing. In addition, Article 9 states that to best protect all parties, all real estate agreements must be in writing.
A buyer’s agent tells a listing agent that he will not submit his buyer’s offer unless the listing agent pays him more than the 2.5% cooperative split offered by the listing agent on a real estate transaction. The buyer’s agent’s actions are
A) ethical. B) perfectly acceptable because most cooperative agents expect at least a 3% split. C) a violation of fair housing laws. D) unethical.
Explanation
The answer is unethical. Agents may not make the submission of an offer contingent upon the listing agent paying more than offered in a cooperative split.