Questions and Answers
What is the best way to avoid the misunderstanding of representation when responding to a customer's request?
Provide a non-agency disclosure.
Which of the following actions are not acceptable in the performance of ministerial acts?
Are you allowed to provide information about a roof warranty to Buyer Jane, who is the client of the cooperating brokerage?
Yes, you are providing factual information to a consumer on an offer or contract to purchase on behalf of your client.
What are examples of support staff duties?
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What is a general guideline for levels of interaction with customers versus clients?
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Does Agent Bob's request for clerical support when completing sales contracts rise to the level of discretionary acts on the part of office personnel?
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Discretionary acts require the use of ______________, _____________, and ______________________________.
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What must a licensee do when performing ministerial acts for a consumer?
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What services can non-licensed support staff perform?
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What are examples of discretionary acts?
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In what situations can non-licensed staff legally perform discretionary acts?
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Which of the following best describes discretionary acts?
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An act that is informative in nature, but does not rise to the level of representation, is known as:
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What action should a licensee take when providing ministerial acts for a consumer?
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Is it allowed for Agent Bob to send a part-time licensee along on each home inspection?
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Which of the following is true regarding ministerial acts performed by the seller's licensee for the buyer?
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What action should a non-licensed staff member take when a caller asks about listing commission rates?
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Which of the following acts can non-licensed staff legally perform?
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Study Notes
Understanding Ministerial Acts
- Ministerial acts are non-representational tasks that can be performed for customers without creating an agency relationship.
- Transparency is crucial; a non-agency disclosure should be provided to avoid misunderstandings.
Examples of Non-Acceptable Actions
- Agents are prohibited from showing their personal homes to potential buyers as it violates ministerial act guidelines.
Client Information Sharing
- Sharing factual information, such as roof warranties, is permissible if it does not infringe on the rights of the original client.
Support Staff Duties
- Support staff can assist by providing real estate statistics, preparing form contracts, and contacting related professionals.
- Clerical services do not require a license and support the work of licensed agents.
Customer vs Client Interaction
- A clear distinction exists between interactions with clients (requiring discretion) and customers (subject to ministerial acts).
Discretionary Acts Explained
- Discretionary acts necessitate decision-making, judgment, and problem-solving. These must be performed by licensed personnel solely for clients.
- Non-licensed staff cannot engage in discretionary acts in any situation.
Licensing and Clerical Support
- Clerical tasks performed during the preparation of forms do not elevate to discretionary acts, allowing non-licensed staff to assist.
Non-Agency Disclosure Requirement
- Licensees must issue a written non-agency disclosure when performing ministerial acts to clarify the lack of representation.
Characteristics of Ministerial Acts
- Ministerial acts provide information without establishing an agency relationship, unlike discretionary acts which require significant skill and judgment.
Responses to Consumer Inquiries
- Non-licensed staff should refer detailed inquiries, such as commission rates or listing agreements, to licensed personnel rather than attempting to respond.
Legality of Non-Licensed Actions
- Non-licensed staff can legally perform tasks like quoting from published information, but cannot negotiate contracts or host open houses.
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Test your understanding of ministerial acts with these flashcards. Each card presents a key concept or question to enhance your knowledge of proper representation and acceptable actions in real estate. Perfect for students or professionals preparing for licensing exams.