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Real Estate
Course 1
| Question | Answer |
|---|---|
| Texas Real Estate License Act | the statute that controls the licensing of a persons permitted to practice real estate brokerage in TX - part of the occupation code |
| Certificate holder | a person registered by TREC to sell, buy, lease, or transfer easements or right of way for another for compensation |
| Residential Rental Locator | a person who offers for consideration to locate a unit in an apartment complex for lease to a prospective tenant - must have a license |
| Texas Sunset Act | TX legislation providing for a review of the TX Real Estate Commission and the TX Appraiser Licensing & Certification Board by the Sunset Commission - could possibly abolish the TX Real Estate Commission |
| Intermediary | a broker that represents both parties of the transaction |
| Broker | a properly licensed party who serves a principal in an agency relationship (also called an agent) - sells or leases real estate in exchange for commission |
| Agency | a relationship between one person and another when one person acts for or on behalf of another person |
| Fiduciary | a person who works in an agency relationship for or on behalf of another person |
| Special Agency | authorization by a principal to perform a single act or transaction - a real estate broker is usually this for a seller - authorized to find a buyer for a particular property |
| Implied Agency | an agency created by acts or words of the principal and agent; an agency inferred by circumstances |
| Single-Agency Broker | a broker that will only represent one client in a transaction at a time |
| Listing Side | the seller side of a transaction |
| Subagency | a relationship in which one firm sells a property listed by another for to a customer/buyer that is not represented |
| IABS | Information About Brokerage Services is the required method in TX to provide written notice to consumers regarding information about brokerage services |
| Universal Agency | an agency relationship that allows the agent to transact all matters for the client |
| Customer | one who purchases or sells property without being represented by an agent |
| Ostensible Agency | a form of implied agency relationship created by the actions of the parties involved rather than by written agreement or document |
| The commission may adopt rules in the public's best interest that require license holders to use contract forms prepared by the ___________ and adopted by the commission | Texas Real Estate Broker-Lawyer Committee |
| Sarah gets a job as a sales representative for Galaxy Custom Homes. She will be working in the new Galaxy model home park and will be limited to selling Galaxy homes only. Sarah will: | be exempt from the requirement to be licensed |
| What does the ADA do? | prohibits discrimination against people with disabilities |
| If demand for real estate falls, then: | supply will increase, lowering prices |
| What is required of lease contracts with a lease period of one year or more that is not required for leases of less than a year? | They must be in writing |
| Julie is a licensed attorney in Louisiana. She wants to be paid a commission to represent/negotiate on behalf of a purchaser of real estate in Texas. Can Julie do this? | Yes, but only if she obtains a TX Real Estate License |
| The commission shall prepare and maintain a written plan that describes how a person who has a ____________________ may be provided reasonable access to the commission’s program | physical or mental disability |
| The commission will investigate a complaint that is | written and signed |
| Sally wishes to once again become active in the real estate brokerage business. Her license has expired for 7 months. She must: | submit an application for a new license |
| A license holder must advise a buyer who has a written offer to have the abstract covering the real estate examined by an attorney to be provided with or obtain a title insurance policy | true |
| A broker who represents a party in a real estate transaction or who lists real estate for sale under an exclusive agreement for a party: | May not instruct another broker to talk to the broker’s client, Must inform the party if the broker receives material info related to a transaction including a receipt of an offer, answer the party’s questions and present any offer to or from the party |
| Commission | payment to a broker for services rendered, such as in the sale or purchase of real estate property; usually a percentage of the selling of the property |
| A possible disciplinary action | reprimand |
| Required to adopt procedures governing disposition of contested cases | TREC |
| It is the obligation of a real estate agent to be knowledgeable as this position | Real Estate Brokerage Practitioner |
| Marked by extreme or excessive care in the consideration or treatment of details | Meticulously |
| Acting in strict regard for what is considered right and proper | Scrupulously |
| When a real estate broker or sales agent, while acting as an agent for another | Fiduciary |
| This must be displayed in a prominent location by a real estate inspector | CN 1-3 |
| Included for real estate license holders in the Rules of Commission | Canons of Professional Ethics |
| Founded in 1908 and is America’s largest trade association | NAR |
| A person may file a complaint with TREC against a real estate license holder if the person believes the license holder violated this ac | TRELA |
| Consumer Information | a written notice published by TREC to be provided by a broker or a sales person to a consumer; display in prominent location in place of business |
| Fidelity | a real estate broker or sales agent, while acting as an agent for another is a fiduciary and must place the interest of the client above that of the agent Personal interest cannot be over client |
| National Association of Realtors | founded in 1908 - supports members and protects public |
| Competency | broker or sales agent must be knowledgeable and competent as a real estate brokerage practitioner |
| Canons of Professional Ethics and Conduct | part of the TREC rules requiring, fidelity, integrity, competency, the use of consumer information notice, and refraining of discriminating practices |
| Estate in severalty | ownership of real property by one person or one legal entity only; also called sole ownership |
| Tenancy in common | co-ownership where each owner holds an undivided interest as if they were the sole owner |
| Sole proprietorship | a business venture owned by one individual - brokers use -owner has total control, but also full liability |
| partnership | a business venture created with an agreement between more than one person - orally or in writing - must have at least one general parter (syndicates and joint ventures) |
| Trust | entity created for the benefit of another |
| Co-ownership | - involves ownership of real estate by 2 or more entities - joint tenancy or tenancy in common |
| Community property | most property acquired during the marriage is owned equally by both spouses |
| Testamentary trust | created by will |
| Inter vivos | comes with specific instructions for care The tax and legal aspects of a trust are the same as a sole proprietor - created during lifetime of trustor |
| Corporations | filed with the secretary of state. Must have shareholders, board of directors, and corporate officers. Get double taxation (pays income tax and then shareholder pays tax on dividend) |
| S corporation | under 100 shareholders. Only shareholders pay taxes, not the corporation |
| A less common type of ownership by more than one is __________ tenancy. | joint |
| A ___________________ trust is a trust that is created by will, and is effective upon the death of the decedent | testamentary |
| Texas is one of nine states that adhere to the concept of _______________ property. | community |
| An estate in _____________ involves ownership of real estate by one individual or entity | severalty |
| Condominiums are established under laws referred to as ________________ property acts | horizontal |
| Property owned by a married person that is not community property is called ________________property | separate |
| The rule against __________________ reflects the broader societal interest in avoiding the creation of a “landed class” and ensuring that real estate is widely available. | perpetuities |
| Trustor | places title to real property into the control of a trustee |
| The ___________________ partner’s liability is limited to the amount he or she invested in the partnership | limited |
| Timeshare | features part ownership of a property coupled with the right to its exclusive use for a specific number of days per year, without the responsibility of full ownership |