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UNIT 4
AGENCY
Term | Definition |
---|---|
Universal Agent | Has the authority to do all acts that can be lawfully delegated to a representative. (Power of attorney-attorney in fact) |
General Agent | handles multiple transactions of a client |
Agency coupled with an Interest | |
Special Agent | An agency relationship created for the performance of specific acts only. This is the most common type of real estate representation. |
Residential Sales | |
Agency | a relationship in which one party authorizes another party to act as the principals representative in dealing with third parties |
Statute of Frauds | A law requiring that certain types of contracts, such as those pertaining to real estate, are written in order to be enforceable in a court of law. |
Arms-length Transaction | Occurs between willing buyer and willing seller with each party completely knowledgeable about the market. A purchaser of property between relatives (father & son) would not be an "arms length transaction". |
Sub-Agency | Created by two or more independent brokers representing the principal; the first broker being the primary agent and the second broker being the subagent. |
single agent | An agent who represents either the buyer or the seller in the transaction, but not both. |
Transaction Broker | An agent who provided limited representation to a buyer, a seller or both, in a real estate transaction but does not represent either in a fiduciary capacity. |
designated salesperson | A broker may honor the request of the parties and designate sales associates to act as single agents for different customers in the same transaction. |
Even without representation, the broker owes certain duties to others. These are | Deal with all parties honestly and fairly; Disclose all known facts that materially affect the value of residential property which are not readily observable to the buyer (such as change in zoning); Account for all funds entrusted to the licensee |