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Chapter 5
Real Estate Brokerage Operations
25
Real Estate & Planning
Professional
07/30/2011

Additional Real Estate & Planning Flashcards

 


 

Cards

Term
Arbitration
Definition
is a process whereby, with the prior consent of all parties to the dispute, the matter is submitted to a disinterested third party. Each side presents its case to a third party, who makes a binding judgement in favor of one side or the other.
Term
Blind advertisement
Definition
An advertisement that provides only a post office box number, telephone number, and/or street address
Term
Commingle
Definition
Refers to earnest money deposits that may not be mixed or intermingled  with other funds.
Term
Conflicting demands
Definition
Occur when the buyer and seller make demands regarding the disburing of escrowed property that are inconsistent and cannot be resolved.
Term
Conversion
Definition
is the unauthorized control or use of another person's personal property
Term
Declaratory judgement
Definition
A court action that is filed where brokers who believe that they are entitled to a portion of the disputed funds 
Term
Corporation
Definition
an artificial person or legal entity creatd by law and consists of one or more persons. A corporation is formed by filing articles of incorporation with the Florida Department of State.
Term
Deposit
Definition
is defined as a sum of money, or its equivalent, delivered to a real estate license as earnest money, payment, or partial payment in connection with a real estate transaction.
Term
Earnest money deposits
Definition
also referred to as good-faith deposits or binder deposits
Term
Escrow Account
Definition
is an account for the deposit of money a disinterested third party (for example, the broker) holds in trust for others
Term

Escrow Disbursement Order

EDO

Definition
A determination of who is entitled to the disputed funds.
Term
General Partnership
Definition
an association of two or more persons for the purpose of jointly conducting a business. Each is responsible for all the debts incurred in the conducting of that business, each has the power to bind the other in transactions; and each is entitled to receive a shre of the profits in an amount agreed on by the parties. It is created by a contract that may be written, oral, or implied from the conduct of the parties.
Term
Good Faith
Definition
is used to describe a party's honest intent to transact business, free from any intent to defraud the other party, each party's faithfulness to the duties or obligations as set forth by contract.
Term
interpleader
Definition
A court procedure where the broker is excused from the case and the disputing parties argue their case in court.
Term

Kickback

or rebate

Definition
in an unearned fee paid to a licensee associated with a real estate transaction for non-real-estate services. Payment for something other than one of the eight services of real estate
Term
Limited Liability Partnership
Definition
have protection from personal liability in much the same way as limited partners in a limited partnership. LLPs are not liable for obligations or liabilities of the partnership arising from contract, errors or omissions, negligence, malpractice, or wrongful acts committed by another partner or by an employee agent, or representative of the partnership.
Term
Limited Partnersip
Definition
is created by a written instrument filed with the Florida Department of State. There must be one or more general partners and one or more limited partners to qualify under the law. The limited partners must make an investment of chase or of property, but not of services.
Term
Litigation
Definition
A legal process where the disputing parties cannot agree, a disputing party may file a lawsuit so that the matter can be resolved in a court of law.
Term
Mediation
Definition
is an informal, nonadversarial process intended to reach a negotiated settlement.
Term
Ostensible partnership
Definition
or quasi partnership, is not intentionally created. After leaving a former employer, a sales associate who diverts a buyer or seller of the former employer from completion of a transaction may sustain liability for breach of fiduciary to the former employer and possible to the party that hired the former employer
Term

Limited liability Company

LLC

Definition
is a form of business organization that offers the best features of a corporation and a partnership. It provides the owners protection from personal liability for business debts in the same way a corporation does, but the IRS treats an LLC as a partnership for tax purposes. Income is taxed only once.
Term
Policy Manual
Definition
is a collection of office rules and regulations created to inform sales associates and employees of the standards and procedures in that particular office.
Term
Sole Proprietorship
Definition
is a business owned by one person. It is easy to organize and flexible to operate and are personally liable not only for their own actions but also for the actions of any employees acting within the scope of their employment.
Term
Telephone Solicitation
Definition
is a call placed for the purpose of encouraging the purchase of, or investment in, property good, or services. Must search the National Do Not Call Registry.
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