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Agency
The relationship between principal and agent which arises out of a contract, either expressed or implied, written or oral, wherein the agent is employed by the principal to do certain acts dealing with a third party
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Agency Disclosure Form
A form presented to the principal(s) in a transaction stating exactly who the agent is working for: the buyer, the seller, or both
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Commingling
The mixing of funds held in trust with personal funds.
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Conversion
The unlawful taking and use of another's property placed in your trust, as an agent, by that person.
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Dual Agency
An agent who has agency duties to both buyer and seller
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Easton v. Strassburger
The major cour decision which requires an agent to disclose any physical defects or evidence of defects that could affect the value of real property.
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Employee
One who works directly for another person, is told what to do, and is controlled in how they do it.
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Estoppel
A doctrine which bars one from asserting rights which are inconsistent with a previous position or representation
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Exclusive Agency Listing
A written instrument giving one agent the right to sell property for a specified time but reserving the right of the owner to sell the property himself without the payment of a commission.
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Exclusive Right to Sell Listing
A written agreement between owner and agent giving agent the right to collect a commission if the property is sold by anyone during the term of his agreement
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Fiduciary Relationship
The relationship between the agent and the principal that requires the highest level of trust and good faith
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Fraudulant Misrepresentation
Knowingly making false and deceptive statements to help sell a property
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General Attorney in Fact
One who is authorized to perform many acts for another under a power of attorney.
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Independent Contract
A person who acts for another, selling final results and using his or her own judgment to achieve those results.
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Innocent Misrepresentation
Making false statements about a property, without realizing it
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Multiple Listing Service (MLS)
An association of real estate agents that provides a pooling of listings and the sharing of commissions.
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Negligent Misrepresentation
Making false statements regarding a property that could have been checked out or verified
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Net Listing
A listing which provides that the agent may retain as compensation for his services all sums received over and above a net price to the owner. (Illegal in many states)
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Open Listing
Authorization from a property owner giving a real estate agent the non-exclusive right to secure a purchaser. Other brokers, or the owners themselves, may also solicit a purchaser.
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Policy Manual
A written book of procedures explaining how a broker expects the agents working under him or her to conduct business and handle routine problems
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Principal
This term is used to mean either the employer of an agent or the amount of money borrowed or the amount of the loan
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Ratification
The adoption or approval of an act performed on behalf of a person without previous authorization.
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Secret Profit
An agent's making of additional money in a real estate transaction without disclosing it to the principal and third party.
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Special Attorney in Fact
Someone authorized to represent a principal in a specific task, such as selling a property
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Subagent
A person upon whom the powers of an agent have been conferred, not by the principal, but by an agent authorized by the principal
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Third Party
Any party to a transaction other than the principal with whom you have an agency relationship
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Tort
A wrongful act; wrong, injury; violation fo a legal right.
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Transfer Disclosure Statement
A form that notifies buyers of any physical defects to a property and requires the seller and the agent to list any evidence of defects of which they are aware
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Salesperson's listings are the property of?
The broker who employs him/her as a salesperson
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How much of a broker's personal funds can be kept in his or her trust account without being guilty of commingling?
$200
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The broker in a large real estate office dies. All listings:
Are automatically cancelled and the new broker would need to re-list the properties.
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