Unit 4 UNIT 4 – Definitions
Term | Definition |
---|---|
Agency | A relationship in which a consumer has given consent (express or implied) to a real estate licensee to represent the consumer in a real property transaction. |
Agent | The individual who is authorized and consents to represent the interests of another person. In the real estate business, a firm's sponsoring broker is the agent and shares this responsibility with the licensees who work for them. |
Brokerage agreement | An agreement, made verbally or set out in writing, for an agent or firm to provide brokerage services to a consumer and to receive compensation for providing those services. |
Client | The person or entity that a licensee represents in a real property transaction. |
Compensation | Payment (monetary or otherwise) made to a person or entity for executing services for a client or consumer. |
Consumer | A person or entity seeking services from a licensee. |
Confidential information | Information given by a client to a licensee during the term of a brokerage agreement that (1) the client requests (in writing or verbally) the licensee keep in confidence; (2) relates to the client's negotiating position; or (3) could do damage to the cli |
Customer | A person or entity who a licensee is providing service (including ministerial acts) but who is not represented by the licensee in an agency relationship. |
Ministerial acts | Informative or clerical service provided by a licensee to a consumer, it is not equivalent to active representation. |
Puffing | Exaggerating a property's benefits. |
Latent Defect. | Structural defect that would not normally be uncovered over the course of an ordinary inspection. |
Stigmatized Properties | properties are those properties that society has branded undesirable because of events that occurred there |
Megan's Law | is a general name for laws requiring law enforcement authorities to make information available to the public regarding registered sex offenders. |
Express Agency | The principal and agent may enter into a contract, or an express agreement, in which the parties formally express their intention to establish an agency and state its terms and conditions |
Implied Agency | This occurs when the actions of the parties indicate that they have mutually consented to an agency. |
Agency coupled with an interest | an agency relationship in which the agent has an interest in the subject of the agency, such as the property being sold |
Universal agent | person empowered to do anything the principal could do personally. The universal agent's authority to act on behalf of the principal is virtually unlimited. |
General agent | Represent the principal in a broad range of matters related to a particular business or activity |
Special agent | Authorized to represent the principal in one specific act or business transaction only |
Designated agent | Person authorized by the sponsoring broker to act as the agent of a specific principal |
Property Management Agency | An owner may employ a sponsoring broker to market, lease, maintain, or manage the owner's property. |
Buyer Agency | Licensee representing buyers only and getting compensated by seller's broker. |
Dual Agency | A licensee representing to two principals in the same transaction. |
Disclosed dual agency | Disclosure needs to be made in writing and consent of both principles of dual agency. |
Undisclosed dual agency | Not disclosing happens by accident, but a violation of licensing laws. |
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