Agency Relationships in Real Estate
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Agency Relationships in Real Estate

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Questions and Answers

The agency relationship is defined by?

  • The law of real estate contracts
  • The Realtor® Code of Ethics
  • The agreement between a principal and an agent (correct)
  • The laws of agency (correct)
  • Which of the following is true of the connection between compensation and the agency relationship?

  • An agreement to give and receive compensation creates an agency relationship (correct)
  • If an agency relationship exists, the agent is entitled to compensation (correct)
  • If an agency relationship exists, the principal must provide valuable consideration to the agent
  • The relationship is independent of any compensation arrangement
  • The defining feature of a special agency is that the agent has authority to perform?

  • Specific activities on behalf of the principal, as defined in the agency agreement (correct)
  • All actions necessary to complete a specific transaction on behalf of the principal (correct)
  • All actions necessary to conduct an enterprise on behalf of the principal
  • All actions legally delegated by a power of attorney
  • The agent and principal may terminate the agency relationship by mutual consent?

    <p>At any time</p> Signup and view all the answers

    If an agency relationship terminates because one of the parties defaulted, which of the following is true?

    <p>The defaulting party may have a financial liability</p> Signup and view all the answers

    Among the fiduciary duties imposed on a real estate agent is the requirement to?

    <p>Present all offers to the principal</p> Signup and view all the answers

    One of the agent's fiduciary duties that continues even after a listing agreement expires is?

    <p>Confidentiality</p> Signup and view all the answers

    The level of competence that a principal has the right to expect from an agent is generally that which is?

    <p>Comparable to that of other practitioners in the area</p> Signup and view all the answers

    If a potential buyer discloses financial qualifications to a seller's agent, the agent is required to?

    <p>Keep the information in confidence</p> Signup and view all the answers

    A buyer's broker owes the full set of fiduciary duties to?

    <p>The buyer</p> Signup and view all the answers

    A subagent is technically the agent of?

    <p>A broker who has an agency relationship with a client</p> Signup and view all the answers

    Which of the following is a dual agency situation?

    <p>One agent represents both sides in a transaction</p> Signup and view all the answers

    Which of the following situations has the potential for creating an implied dual agency?

    <p>A listing agent's subagent learns that a potential buyer has made false claims about his financial qualifications and does not inform the listing agent</p> Signup and view all the answers

    Among the duties of a broker who is acting as a transaction broker, or facilitator, is?

    <p>Helping the two parties to arrive at a deal that is closest to achieving the objectives of each party</p> Signup and view all the answers

    Study Notes

    Agency Relationship

    • Defined by the agreement between a principal and an agent.
    • Can be influenced by laws of agency and real estate contracts.

    Compensation and Agency

    • An agency relationship does not solely depend on a compensation agreement.
    • If an agency relationship exists, agents may expect compensation, but it's not guaranteed without an agreement.

    Special Agency

    • Special agency allows agents to perform specific activities outlined in the agency agreement.
    • Authority is limited to completing defined transactions on behalf of the principal.

    Termination of Agency

    • Agency relationship can be terminated by mutual consent at any time.
    • If a party defaults, the defaulting party may incur financial liability, but obligations may not be extinguished.

    Fiduciary Duties of Real Estate Agents

    • Agents are required to present all offers to the principal.
    • Confidentiality of client information extends beyond the listing agreement expiration.

    Competence Expectations

    • A principal should expect the agent's level of competence to align with local practitioners' standards.

    Disclosure Requirements

    • Seller's agents must handle financial qualifications disclosed by potential buyers with care, prioritizing confidentiality.

    Buyer’s Broker Responsibilities

    • A buyer's broker owes full fiduciary duties to the buyer, regardless of who pays the commission.

    Subagency Definition

    • A subagent is considered the agent of the broker with a direct agency relationship with a client.

    Dual Agency

    • Occurs when one agent represents both buyer and seller in a transaction.
    • Shared representation by two agents for the same client constitutes dual agency.

    Implied Dual Agency Risks

    • Potential implied dual agency may arise if a listing agent's subagent handles buyer information not disclosed to the listing agent.

    Transaction Broker Responsibilities

    • Transaction brokers must maintain confidentiality and help parties achieve their transactional objectives without representing either party as a fiduciary.

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    Description

    This quiz covers key concepts about agency relationships within the real estate sector, including definitions, compensation structures, special agency roles, and fiduciary duties of agents. Understand how these aspects apply to real estate transactions and the responsibilities agents have towards their clients.

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