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20 Cards in this Set

  • Front
  • Back

Ethics

Go far beyond the law and determine not if an action is legal, but whether it is right or just.

The sales agent working for a broker is often regarded by members of the public as an ___ of the broker.

Employee

What is an independent contractor?

One who is engaged to perform a duty but is not under the direct control of the principal.

The IRS will treat the real estate salesperson as an independent contractor if the following 3 critiera are met.

1. The salesperson is licensed as a real estate agent.


2. Reimbursement is based solely on sales, not on hours worked.


3. There is a written contract that specifies the salesperson shall be treated as an independent contractor for tax purposes.

Because a broker can be held liable for the torts of his or her salesperson within the scope of employment.

Respondeat superior

An agent must disclose all offers including?

Oral offers

The agent cannot make a?

Secret profit

What is a net listing?

The agents commission is all money received for a property under a net amount set in the listing.

What does an option listing do?

1.amount of profit


2.principal


3.existance of other offers

Buyer beware

Caveat emptor

What is the Easton case cover?

1.Visual inspection on residential 1-4 units only.


2. No visual on commercial property

What is a transfer discloser statement?

Requires sellers to disclose defects that are known to them.

What is a parent defect?

Obvious defects

What is latent defects?

Hidden defects

What is natural hazards discloser statmemt?

Indicates if property is in a special flood hazard area, very high fire hazard, wildlife area, earthquake fault zone.

After how many years does an,agent need not disclose a death or cause of death of a prior occupant?

3 years

What is a blind ad?

One that fails to indicate that the advertiser is an agent and not the principal.

What is fraud?

Intentional deceit to induce a party to act to his or her detriment.

What is misrepresentation?

Is the intentional or unintentional misstatement or concealment of a material fact.

What is puffing?

Statements of opinion (not fact) made to induce a party to contract.