UNIT 9 REAL ESTATE AGENCY Flashcards

1
Q

AGENCY

A

Relationship between principal and an agent wherein the agent is authorized to represent the principal in certain transactions.

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2
Q

AGENT

A

One who acts or who has the power to act for another.

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3
Q

BUYER REPRESENTATION AGREEMENT

A

A principal-agent relationship in which the real estate professional acts on behalf of the buyer.

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4
Q

BUYER’S AGENT

A

A real estate professional who is under contract to locate property for a buyer and represent the buyer’s interest in a transaction.

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5
Q

CLIENT

A

Principal in an agency relationship or other form of representation.

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6
Q

CUSTOMER

A

Third party or non represented consumer for whom some level of service is provided.

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7
Q

DESIGNATED AGENCY

A

A process that accommodates an in house sale in which two different agents are involved. The broker designated one agent to represent the seller and one agent to represent the buyer.

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8
Q

DUAL AGENCY

A

R

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9
Q

DUAL AGENCY

A

Representing both parties to a transaction. This is unethical unless both parties agree to it, and it is illegal in some states.

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10
Q

EXPRESS AGENCY

A

An agency relationship based on a formal agreement between the parties.

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11
Q

EXPRESS AGREEMENT

A

An oral or written contract in which the parties state the contract’s terms and express their intentions in words.

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12
Q

FIDUCIARY

A

One in who trust and confidence is placed.

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13
Q

FIDUCIARY RELATIONSHIP

A

A relationship of trust and confidence, as between trustee and beneficiary, attorney and client, or principal and agent.

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14
Q

FRAUD

A

Deception intended to cause a person to give up property or a lawful right.

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15
Q

GENERAL AGENT

A

One who is authorized by a principal to represent the principal in a specific range of matters.

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16
Q

IMPLIED AGENCY

A

If the actions of the parties imply that they have mutually consented to an agency relationship, an implied agency relationship is formed.

17
Q

IMPLIED AGREEMENT

A

A contract under which the agreement of the parties is demonstrated by their acts and conduct.

18
Q

LATENT DEFECT

A

A hidden structural defect that could not be discovered by ordinary inspection and that threatens a property’s soundness or the safety of its inhabitants.

19
Q

LAWS OF AGENCY

A

Agency law deals with agent-principal relationships’ it is a relationship where one party has the legal authority to act in place of another.

20
Q

LISTING AGREEMENT

A

A contract between an owner and a real estate professional by which the real estate professional is employed to find a buyer for the owner’s real estate on the owner’s terms, for which the service the owner agrees to pay a commission or other form of compensation.

21
Q

NEGLIGENT MISREPRESENTATION

A

Occurs when the real estate professional should have known that a statement about a material fact was false.

22
Q

NONAGENT

A

An intermediary between a buyer and a seller, or a landlord and a tenant, who assists one or both parties with a transaction without representing either. AKA facilitator, transaction broker, contract broker.

23
Q

PRINCIPAL

A

(1) Sum loaned or employed as a fund or an investment, as distinguished from its income or profits (2) the original amount (as in a loan) of the total due and payable at a certain date (3) main party to a transaction

24
Q

SINGLE AGENCY

A

Agency relationship in which the agent represents only one party to a transaction.

25
Q

SPECIAL AGENT

A

One who is authorized by a principal to perform a single act or transaction; a real estate professional is usually a special agent authorized to find a ready, willing, and able buyer for a particular property, when representing a seller, or a special agent authorized to find a suitable property, when representing a buyer.

26
Q

TRANSACTION BROKER

A

Helps both the buyer and the seller with paperwork and formalities in transferring ownership of real property, but who is not an agent of either party.

27
Q

UNIVERSAL AGENT

A

A person empowered to do anything the principal could do personally.