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Real Estate

Agency

QuestionAnswer
Someone who is employed by and has the legal authority to act for someone else is called a Agent
A person who hires or appoints an agent is called a Principal
The relationship established between a principal and an agent is called a agency
The type of agency in which an agent has legal authority to transact matters of all types is a universal agency
The type of agency in which the agent has legal authority to act for the principal in a specific business or trade is called a general agency
The relationship between a real estate broker and the salespeople who work for him/her is called a general agency
The type of agency in which the agent has the legal authority to act for the principal in a single transaction is called a special agency
A listing agreement between a real estate broker and a homeowner creates a special agency
In creating a valid agency relationship, the party or parties who must be of legal age include The principal only
In creating a valid agency relationship, the party or parties who must be legally competent include the principal and the agent
What type of real estate listing agreement gives the agent the exclusive right to sell the property? Exclusive Right to Sell
A listing agreement in which the listing agent receives a commission regardless of who sells the property is a exclusive right to sell listing
In an exclusive right to sell listing where the broker procures a ready, willing, and able buyer but the sale is not finalized, the broker has earned a commission
Exclusive Right to sell listing is: 1.)Most common listing in GA 2.) Must be in writing in GA to be either valid or enforceable 3.)Must have a specific ending date 4.) Is an expressed, bilateral contract
A type of real estate listing in which the listing agent receives a commission EXCEPT when the owner sells the property is called a exclusive agency
The type of listing which allows more than one broker to have a valid listing on the same property is called a open listing
With an open listing, a commission is paid to the broker who is the procuring cause of the sale
An open listing may be oral or written
A listing agreement which does not include a specific sales price is called a net listing
Net listings are PROHIBITED IN GA
Word used to remember methods by which an agency can be terminated: READIE
Methods by which an agency can be terminated: R Revocation or renunciation
Methods by which an agency can be terminated: E Expiration of the listing period
Methods by which an agency can be terminated: A Agreement of the parties
Methods by which an agency can be terminated: D Death of either party
Methods by which an agency can be terminated: I Incapacity of either party
Methods by which an agency can be terminated: E Extinction of the property
The "REA" of "READIE" stands for termination of listings by acts of the parties
The "DIE" in "READIE" stands for termination of listings by acts of law
Acronym used to remember the responsibilities that a real estate broker has to the principal is "LOW PAIN"
The "L" in "LOW PAIN" stands for Loyalty to the prinicipal
The "O" in "LOW PAIN" stands for Obedience to the principal
The "W" in "LOW PAIN" stands for Written offers must be submitted
The "P" in "LOW PAIN" stands for Personally act for the principal
The "A" in "LOW PAIN" stands for Account for all monies
The "I" in "LOW PAIN" stands for Inform the principal of all material facts
The "N" in "LOW PAIN" stands for Not be negligent
When an agency relationship is created, the agent has a relationship to the principal called a fiduciary relationship
Representing both buyer and seller in the same transaction is called dual agency
When a broker deposits money held for a principal in his/her own personal or business account it is called commingling
A written instrument giving authorization to a person to act as an agent on behalf of another for one specific act or transaction is called power of attorney
The person to whom a power of attorney is granted is called the attorney-in-fact
When a licensed salesperson provides assistance to a buyer in closing a sale without a written agreement or any compensation this creates a gratuitous agency
If brokers conspire to set commission rates, it is a violation of the Sherman Antitrust Act
If a broker is a partner in a partnership that buys property the broker lists for sale, it is called a agency with interest
A listing in which the listing broker charges a fee for his/her time and expenses before the property sells is called a advance fee listing
Created by: mgm9480
 

 



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