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This study guide provides a comprehensive overview of key concepts and practices for real estate licensees in alabama. It covers essential topics such as agency agreements, earnest money deposits, buyer financing, property disclosures, and antitrust laws. The guide features a question-and-answer format, making it an effective tool for self-study and exam preparation.
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If a licensee works with a buyer as a customer, the licensee should make sure that the buyer understands that - ANSWERSabsent an agency agreement, the licensee represents the seller's interests. (If there is no agency agreement then I the licensee will represent the seller although you as the buyer(client) came to me to help you purchase.) EMDs - ANSWERSEarnest Money Deposits Buyer Client - ANSWERSThey signed the agency agreement stating that you will represent them. Buyer Customer - ANSWERSThey did NOT signed the agency agreement stating that you will represent them. Earnest Money Deposits Buyer client - ANSWERSI represent the buyer Earnest Money Deposits Buyer customer - ANSWERSI represent the seller Earnest Money Deposits for Client(buyer) - ANSWERSSuggest an amount based on the practice in your area (e.g., 2%, 10%). Remember, it's always negotiable; to suggest otherwise is an antitrust violation (price fixing). Advise the buyer that earnest money may be forfeited if the buyer defaults. Safeguard any funds entrusted to you, and deposit them according to state law, brokerage policy, and the agreement between the parties. Earnest Money Deposits for Customer(seller) - ANSWERSSafeguard any funds entrusted to you, and deposit them according to state law, brokerage policy, and the agreement between the parties.
Buyer Financing Client(Buyer) - ANSWERSDiscuss financing options and strategies. If asked, provide a list of qualified lenders/mortgage brokers. Don't recommend any specific financing approach. Have the buyer obtain a pre-qualification or pre-approval letter to submit with the offer. Buyer Financing Customer(Client) - ANSWERSEnsure a pre-qualification or pre- approval letter accompanies the buyer's offer. You should discuss financing options with buyer customers and provide a list of qualified lenders or mortgage brokers upon request. - ANSWERSfalse You should recommend a specific financing approach for both buyer clients and buyer customers. - ANSWERSfalse You should ensure that a pre-qualification or pre-approval letter accompanies an offer, regardless of whether you have a buyer client or buyer customer. - ANSWERStrue Offers (Buyer Client) - ANSWERSDiscuss ways to make the buyer's offer more attractive, while fulfilling your duty to obtain the best price and terms for the buyer. Offers (Buyer Customer) - ANSWERSSubmit all offers to the seller promptly. Negotiations (Buyer Client) - ANSWERSNegotiate on the buyer's behalf for the best terms and sales price, while still giving the buyer the best chance to secure the property. Negotiations (Buyer Seller) - ANSWERSNever suggest negotiation terms to a buyer customer. Property Disclosures (Buyer Client) - ANSWERSDisclose to the buyer any known adverse material facts about the property. Property Disclosures (Buyer Customer) - ANSWERSDisclose to the buyer any known adverse material facts about the property. Transactional Documents (Buyer Client) - ANSWERSReview documents for accuracy. Answer/follow up on the buyer's questions. Transactional Documents (Buyer Customer) - ANSWERSProvide copies of transactional documents to the buyer.
Open agency - ANSWERSThis allows a buyer to work with several buyer representatives (or to self-represent). Only the brokerage completing the transaction receives a commission. This gives the buyer flexibility but limits the amount of representation from any one professional. Sherry is working with Alex from ABC Realty and Tim from Shoreline Realty. - ANSWERSOpen Agency Robin is represented by Shira, but Robin found a property on her own and doesn't owe Shira a commission. - ANSWERSExclusive Agency Adam is represented by Jenny, who will earn a commission as long as a property is identified within the agreement term. - ANSWERSExclusive Right to Represent The consumer information booklet is intended to provide buyers and sellers with a description of the different types of brokerage arrangements so consumers can choose the type of services that best suits their needs. - ANSWERStrue A licensee owes the same duties to a client and a customer. - ANSWERSfalse A licensee who's acting as an agent must loyally represent the best interests of the client by placing the client's interests above any other party's interests. - ANSWERStrue An arrangement in which the licensee represents either the buyer or the seller, not both, in a real estate transaction - ANSWERSSingle Agency An arrangement in which the real estate brokerage company represents the buyer and the seller in the same transaction - ANSWERSLimited consensual dual agency Best suited for consumers who would like assistance but don't need full agency representation - ANSWERSTransaction Brokerage An arrangement in which licensees can show their sellers' homes to their buyer clients - ANSWERSLimited consensual dual agency Group Boycotting - ANSWERSWhen two or more brokers or agents refuse to cooperate and split commissions with another one, or when several brokerages in a certain area agree to stop running advertisements in a local newspaper. Some additional types of group boycotting include: Boycotting a competitor Boycotting a supplier or vendor Discussing or agreeing to the different treatment of a competitor as a group group boycotting is a violation of - ANSWERSantitrust law
Antitrust violations are - ANSWERSillegal price fixing is a - ANSWERSconspiracy between business competitors to set their prices to buy or sell goods or services at a certain price point Examples of Price Fixing - ANSWERSTo establish or adhere to uniform price discounts To eliminate discounts to all customers or certain types of customers To adopt a specific formula for computing selling prices On terms and conditions of sale, including uniform freight charges, quantity discounts, or other differentials that affect the actual price of the product Not to advertise prices or to refuse to sell the product through any bidding process Price Fixing is a violation of - ANSWERSantitrust law Tie-In Arrangements - ANSWERSoccurs when the providing of one service is made dependent on the customer or client obtaining another. Example of a Tie-In Arrangement - ANSWERSFor instance, an agent cannot tell a seller, "I can only offer this commission rate if you use the title company/inspector/mortgage broker I recommend." A tie-in arrangement may also be negative: "I can only work with you if you agree not to use XYZ Title Company. Tie In Arrangement is a violation of - ANSWERSantitrust law Market allocation - ANSWERSoccurs when real estate professionals from two or more competing firms agree to divide their market—by geography, price range, property type, etc.—and then refrain from competing for business. This used to be common practice within a brokerage Example of a Market allocation - ANSWERS"You take the north side of town, I'll take the south"—so real estate agents weren't tripping over one another in their pursuit of business. But any agreement that restricts trade, discourages competition, or restricts choices for the consumer Market Allocation is a violation of - ANSWERSAntitrust Law Is This a Group Boycott The agents with Maize Realty and Sparta Homes agree to refuse to show their clients any properties listed with Scarlet Group. - ANSWERSyes