Vocabulary Flashcards

Orient to the Vocabulary Used in Real Estate/Oregon.

1
Q

Individual who holds a state-granted real estate license. In Oregon.

A

Licensee

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2
Q

Primary purpose is to self-police its members and implement a strict code of ethics to be followed by all members when it comes to interacting with the public or other?

A

REALTOR®

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3
Q

Also known as the listing agent or

A

Seller’s Agent

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4
Q

Also called the selling agent

A

Buyer’s Agent

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5
Q

Is the licensee representing a buyer in finding a property to buy and throughout the subsequent purchase transaction.

A

Buyer’s Agent/Selling Agent.

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6
Q

The brokers associated with the principal broker are?

A

Subagent

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7
Q

Is the agent of an agent

A

Subagent

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8
Q

Licensee who has disclosed and received permission to act as the agent for more than one party to a real estate transaction?

A

Disclosed Dual Agent

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9
Q

In Oregon, the disclosed dual agent is called?

A

Disclosed limited agent

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10
Q

Sometimes called the appointed agent?

A

Designated Agent

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11
Q

Licensee chosen by the managing licensee to act as the agent for the buyer or seller

A

Designated Agent

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12
Q

Also called the transaction facilitator

A

Transaction Broker

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13
Q

______ or ______ is allowed in some states that allow non-agency relationships with the public.

A

Transaction Broker or Transaction facilitator

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14
Q

Oregon allows three types of real estate licenses. Which are they?

A

Principal Broker, Broker and Property Manager

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15
Q

The parties to the real estate agency relationship are?

A
Principal,
Agent,
Subagent,
Third party
Customer
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16
Q

The person who hires the agent and delegates to that agent the authority of representing their interests; the client

A

Principal

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17
Q

the _____ is a seller, buyer, landlord, or tenant

A

Principal

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18
Q

These are the different types of principals that can exist in an agency relationship?

A

Undisclosed.
Partially disclosed.
Disclosed

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19
Q

______ Is a client whose identity and existence are kept secret and not disclosed by the agent

A

Undisclosed Principal

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20
Q

All of the parties involved in dealings with the agent representing an ______ ______ are led to believe that the agent is the principal and is not representing a client.

A

Undisclosed Principal

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21
Q

Famous individuals and well-known development companies are two examples of those who try to protect their identities by using the

A

Undisclosed Principal

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22
Q

third parties will know that the principal exists, but they won’t see the principal’s identity

A

Partially Disclosed Principal

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23
Q

While not common in real estate, a ____ is sometimes necessary to protect the identity of the principal for the same reasons as the undisclosed principal

A

Partially disclosed principal

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24
Q

All parties are open and known when signing an offer

A

Disclosed Principal

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25
One who represents the principal in dealings with third parties
Agent
26
There are three types of agents., hat are they?
Universal General Special
27
The ______ agent represents a principal in all matters that can be delegated by a principal to an agent
Universal Agent
28
This delegation is broad and includes the authority to enter into contracts and sign other legal documents on behalf of the principal
Universal Agent
29
A power of attorney or court order gives the authority to act as a_____ agent.
Universal Agent
30
Typically, real estate licensees are not given universal agency authority but sometimes work with the _______ agent of a buyer or seller.
Universal agent
31
The ______ agent can represent the principal in all matters that can be delegated (that the principal can legally entrust to another person).
Universal agent
32
The _________ represents a principal in all business matters of a particular kind, business matters of a specified range, or business matters in a particular place
General Agent
33
. The _______ agent can enter into binding contracts while operating within the scope of the authority given in the agency agreement
General Agent
34
A general power of attorney is one way to create this type of agency relationship
General Agent
35
The _______ agent represents a principal in all business matters of a particular kind, business matters of a specified range, or business matters in a particular place and can contract on behalf of the principal
General
36
The ______ agent has limited and specific authority, usually to represent a principal in a single transaction
Special Agent
37
The principal retains most rights and responsibilities and authorizes the agent to perform limited and specific tasks, such as finding a buyer for a property and negotiating the purchase
Special Agent
38
The _______ agent is the most common type of agency relationship in real estate brokerage
Special Agent
39
The _____ agent can represent the principal in one business transaction, cannot normally contract for the principal, and is the type of agency that characterizes the real estate brokerage business.
Special Agent
40
A legal document known as a _________ is another method used to appoint an agent
Power of Attorney
41
A __________ is often given by a seller or buyer to grant authority to another person to sign contracts and closing documents on their behalf
Power of Attorney
42
The person signing under the authority of a power of attorney is known as an attorney-in-fact.
Attorney-in-fact
43
The person signing under the authority of a _________ is known as an attorney-in-fact.
power of attorney
44
A _________ is a person an agent deals with as a representative of their principal
Third Party
45
When a buyer hires a broker to find a house, the broker is their agent, the buyer is the client, and the seller is the ______?
Third Party
46
When the broker is hired to sell a property, the broker is the agent, the seller is the client, and the buyer is the ________?
Third Party
47
For example, the buyer's lender, home inspector, and the escrow company are all _________ to the transaction
Third Parties
48
Which describes an unrepresented buyer?
A customer
49
Under the statute of frauds, the following express agreements must be in writing to be enforceable
Listing agreement Real Estate Sale Agreement Property management agreement Right to lease property agreement
50
Agency relationships are defined by how they get created. These different types of agency relationships are
``` Express agency Implied agency Agency by ratification Agency by estoppel Agency by necessity ```
51
Which three documents are required to be in writing?
Real estate sale agreement, listing agreement, property management agreement
52
What is an express agency agreement.
An agreement created in writing when compensation is expected by the agent.
53
________ means that the parties act as if they are in an agency agreement
Implied Agency
54
When more than one agency relationship exists with the same agent during the same transaction, whether intentional or not, express or implied, it creates a _____________
conflict of interest
55
A ____________ prevents the agent from representing the best interests of the collective clients
Conflict of Interest
56
Actions or conduct that create an implied agency can also create an __________.
Accidental Agency
57
________ to confirm or consent to something done or arranged by an agent.
Ratify
58
Ratify
Confirming or consenting to something done or arranged by an agent.
59
Estoppel
Is a legal term, used to stop and individual from changeing their story. For example I was the agent but later the principal would state that I was not their agent.
60
Oregon terminology: In Oregon, dual agency is called?
Oregon terminology: In Oregon, dual agency is called Disclosed Limited Agency.
61
Use the acronym "AC is COLD" to remember these fiduciary duties the agent owes to the principal.
- Accounting - Care (also sometimes referred to as skill, care, and diligence or reasonable care and diligence) - Confidentiality - Obedience - Loyalty - Disclosure (also sometimes referred to as full disclosure)
62
What is a fiduciary?
-An agent | A fiduciary owes a fiduciary duty to another individual; an agent is a fiduciary.
63
What is Commingling?
Commingling is depositing trust funds into any account that is not a designated trust account.
64
What is conversion?
Stealing; If the agent uses funds to be held in trust, the agent is guilty of conversion.
65
Describe Conversion.
Conversion is a breach of the fiduciary duty of accounting, a civil wrong, and a criminal act. Conversion occurs when the agent converts the personal property of the client to personal use. Conversion and commingling are violations of the duty of accounting.
66
What is CMA?
Current Market analysis.
67
What is Confidentiality?
To: Disclose, reveal, tell, impart, pass on, promulgate, give away, Personal client information.
68
What is Safeguard?
means to keep confidential any information that might weaken the principal's bargaining position.
69
What is Obedience?
The duty of obedience requires the agent to act in good faith at all times, according to the principal's instructions and wishes. However, the agent cannot act illegally or unethically and should withdraw from the agency relationship if pressured by the client to act inappropriately.