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Exam (elaborations)

LAW OF AGENCY STUDY GUIDE FOR EXAM 1

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LAW OF AGENCY STUDY GUIDE FOR EXAM 1

Institution
LAW OF AGENCY CHAMPIONS TEXAS REAL ESTATE
Course
LAW OF AGENCY CHAMPIONS TEXAS REAL ESTATE











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Written for

Institution
LAW OF AGENCY CHAMPIONS TEXAS REAL ESTATE
Course
LAW OF AGENCY CHAMPIONS TEXAS REAL ESTATE

Document information

Uploaded on
December 7, 2024
Number of pages
71
Written in
2024/2025
Type
Exam (elaborations)
Contains
Questions & answers

Subjects

  • law of agency

Content preview

Name: Score:


60 Multiple choice questions

Definition 1 of 60
- Client a person who engages the professional advice or services of another, and whose
interests are protected by the specific duties and loyalties of an agency relationship.


Customer a person who receives limited brokerage services without establishing an agency
relationship

Dual agency vs. intermediary


The rights Approach

Cooperative broker

Client vs. Customer

Definition 2 of 60
Commission rates must be a matter of negotiation between broker and client. A "standard" or
"goin rate" could be evidence of violation

Buyer representations agreement

Texas real estate license act (trela)
- creation
-purpose


Sherman Anti-Trust Act and commission rates

Trec Advertising Rules and font requirements.

,Definition 3 of 60
rates are always negotiable
- attempt by a group of brokers to set commission rates in their area or between a group of
brokerage firms is ILLEGAL (price- fixing)


Sherman-Anti-Trust Act and Clayton Act have the most impact in this area.

Sherman anti-trust act and commission rates


Defamation - definition -explanation -examples

(Types of listings)

Open listing


Setting commission rates - violations

Definition 4 of 60
license holder can not place advertisement that implies sales agent is responsible fo
brokerage business or causes someone to believe a person not authorized to conduct
brokerage is engaged in brokerage.


- inaccurate in any material way , property terms, values, services, policies .
- advertising another brokers list without permission and disclosing that brokers name
- failing to remove ad about listing within reasonable time
-

How is agency terminated

Benefits of seller agency

Defamation of character

Deceptive advertising

,Definition 5 of 60
When a license holder is not associated with the seller's broker but is representing the seller
through a cooperative agreement with the seller's broker.

Designated Agency


Subagency

Single Agency

Dual Agency

Definition 6 of 60
Ethics are habits than enable us to act accordingly as persons who are truthful, honest,
courageous, compassionate, generous, tolerant, and posses integrity, fairness, self-control, and
prudence

The Common Good Approach

The Utilitarian Approach


The Virtue Approach

The Rights Approach

Definition 7 of 60
- Passed in 1939 - TREC was created to enforce and administer the act in 1949.
- Purpose of the acts is to protect the public against unscrupulous brokers and sales agents.

Texas Real Estate License Act (TRELA)
- Creation
-Purpose


Dual agency vs. intermediary

Client vs. Customer

Sherman Anti-Trust Act and commission rates

, Definition 8 of 60
- dual agency; allows real estate firm represent both sides of a transaction at the same time.
broker represents both parties with their written permission. broker may appoint designated
agent to represent buyer or seller.


- intermediary; makes it possible to bring buyers and sellers together while representing their
best interest. broker remains neutral

Intermediary - appointed associates - duties and requirements

How is agency terminated

Dual agency vs. intermediary

Deceptive Trade Practices Act (DTPA)

Definition 9 of 60
- allows consumer to sue a seller of goods for damages.
- lists over 30 practices that are considered unlawful under the act in order to protect the
consumer from unethical and unfair sales practices.

Dual agency vs. intermediary

Deceptive Trade Practices Act (DTPA)

Texas Real Estate License Act (TRELA)
- Creation
-Purpose

Sherman Anti-Trust Act and commission rates

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