Ministerial Acts Flashcards

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?

Setting an appointment to view a property

Discussing possible finance options

Showing your own personal home to a potential buyer client (correct)

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?

<ul> <li>Providing real estate statistics and information on property</li> <li>Providing information from pre-printed real estate form contracts, leases, and related exhibits</li> <li>Acting as a scribe in the preparation of real estate form contracts, leases, and related exhibits</li> <li>Contacting architects, engineers, surveyors, inspectors, lenders, and other professionals.</li> </ul> Signup and view all the answers

What is a general guideline for levels of interaction with customers versus clients?

A licensee is permitted to provide non-agent (ministerial) acts for a customer, but acts that require discretionary skills must be reserved for clients. Signup and view all the answers

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?

False Signup and view all the answers

Discretionary acts require the use of ________, _, and ________________________.

decision making, judgment, problem-solving skills. Signup and view all the answers

What must a licensee do when performing ministerial acts for a consumer?

<ul> <li>Give WRITTEN notice to the consumer that he/she is not being represented.</li> <li>Give the NON-AGENCY DISCLOSURE.</li> </ul> Signup and view all the answers

What services can non-licensed support staff perform?

<ul> <li>Providing real estate statistics and information on property</li> <li>Providing information from pre-printed real estate form</li> <li>Acting as a scribe in the preparation of real estate form contracts.</li> </ul> Signup and view all the answers

What are examples of discretionary acts?

<ul> <li>Conducting a CMA (Comparative Market Analysis)</li> <li>Reviewing sales contracts</li> <li>Providing pricing information.</li> </ul> Signup and view all the answers

In what situations can non-licensed staff legally perform discretionary acts?

Never Signup and view all the answers

Which of the following best describes discretionary acts?

Acts that require decision making and judgment. Signup and view all the answers

An act that is informative in nature, but does not rise to the level of representation, is known as:

A ministerial act Signup and view all the answers

What action should a licensee take when providing ministerial acts for a consumer?

Give a disclosure of non-agency. Signup and view all the answers

Is it allowed for Agent Bob to send a part-time licensee along on each home inspection?

Yes Signup and view all the answers

Which of the following is true regarding ministerial acts performed by the seller's licensee for the buyer?

Performing such ministerial acts for the buyer cannot be construed to form a brokerage engagement with the buyer. Signup and view all the answers

What action should a non-licensed staff member take when a caller asks about listing commission rates?

Refer the caller to a licensee. Signup and view all the answers

Which of the following acts can non-licensed staff legally perform?

Responding to telephone inquiries quoting from published information. Signup and view all the answers

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.

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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Description

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.