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PA Real Estate Exam
Serving Sellers
22
Other
Not Applicable
07/19/2005

Additional Other Flashcards

 


 

Cards

Term
Things to do at listing appointment
Definition
Provide and explain the Consumer Notice
Inspect the premises, paying special note to positive and negative aspects of the property
Uncover the sellers expectations and concerns regarding selling as well as selecting an agent
Present a current Competitive Market Analysis CMA
Agree on a Listing Price
Complete teh seller's disclosure form and listing agreement and get the seller's signature
Term
Things to do to Service the Listing
Definition
Promote the sale of the property to the public and to other real estate professionals

Keep records of the advertising, showings, and responses from potential buyers and agents

Keep the seller informed regularly

Make recommendations where appropriate
Term
When presenting an offer
Definition
Explain the offer, including contingencies, and the purchaser's ability to qualify for the mortgage loan described in the offer

Identify and explain any concerns that you may have and steps that you recommend to protect the seller's best interest

Provide the seller w/an estimate of settlement costs

Obtain the seller's approval or negotiate a counter offer
Term
Exclusive right to sell
Definition
Designates th elisting broker as an exclusive agend of the seller, cooperating brokerw will work as agent of the buyer or, a subage of the seller (if seller gives written consent)
Specifies the terms and conditions under which the broker is authorized to market the property,
Establishes the lising brokerage company's fee, and specifies that if the property sells during listing term, the brokerage will be paid regardless of who finds the purchaser
Term
Exclusive Agency
Definition
Designates the listing broker as an exclusive agent of teh seller and cooperating brokers will act as agents of the buyer or agent of the listing broker and subagent of the seller.

Specifies terms and conditions of the agreement

Establishes the listing brokerage company's fee and specifies that, if the property sells during the listing term, the brokerage fee will be paid if anyone other than the Seller finds the purchaser
Term
Open listing
Definition
Designates the listing broker as an agent but not an exclusive agent of the seller. Specifies terms and conditions of agreement
Establishes the listing brokerage's fee and specifies this will only be paid if the listing broker finds the buyer. The seller reserves the right to find a buyer w/out payin a brokerage fee

If this agreement is oral, the licensee must provide a written memo, stating the terms of the agreement
Term
Net listing
Definition
The listing price does not include the brokerage fee. The broker receives a fee if: The purchase price exceeds the sale price, or the buyer pays the fee.

This can be written in the form of an exclusive right to sell, an exclusive agency, or an open listing.

Basically a seller says I don't care what you sell the house for, I want to net $200,000 do what you have to
Term
Statements that CANNOT appear on an exclusive listing contract
Definition
A duration exceeding one year

An automatic renewal caluse

A clause erquiring a cancellation notice to terminate at the end of the term

A clause authorizing the broker to sign an Agreement of Sale or lease on behalf of the owner

An option by the broker to purchase the listed property

A confession of judgement in favor of the broker
Term
Confession of Judgement
Definition
A written agreement in which the defendant admits liability and accepts the amount of agreed-upon damages she must pay o plaintiff and agrees that the statement may be filed as a court judgment against her if she does not pay or perform as agreed
Term
Real Estate Sellers Disclosure Act for PA
Definition
Applies to transfers of 1-4 family dwellings.

All sellers, FSBO's included, must disclose to buyer any material defects that would have a significan adverse impact on the value of the property.

The agent for the seller must advise teh seller of the duties under this act and must provide a disclosure form

If an item is unknown or unavailable when disclosure is required, seller shall make disclosure based on the best info available, but the seller is not required to make any investigation
Term
TRUE/FALSE according to Sellers Disclosure Act

The delivery of th edisclosure to one buyer is deemed to be delivery to all buyers
Definition
TRUE
Term
TRUE/FALSE according to Sellers Disclosure Act

The specific form must be signed and dated by the seller and delivered to the buyer any time after their signing by the prospective buyer of a document that requires the buyer to accept a transfer of the p
Definition
FALSE must be delivered before
Term
ThTRUE/FALSE according to Sellers Disclosure Act

The seller shall not make any representations which he or the agent know or has reason to know is false, deceptive, or misleading, nor fail to disclose a material defect
Definition
TRUE
Term
TRUE/FALSE according to Sellers Disclosure Act

Penalty for non-compliance shall not invalidate a property transfer, but any person who willfully or negiligently violates or fails to comply shall be liable in the amount of actual damages suffered by the
Definition
TRUE
Term
The seller shall be held liable for any error, inaccuracy or ommission even if the seller had no knowledge of the error or omission

or the seller had reson to believe the item had been corrected

Or the error was based on info from a public agency, l
Definition
FALSE
Term
TRUE/FALSE according to Sellers Disclosure Act

an agent of the seller or buyer shall not be liable fo rany violation of this act unless the agent had actual knowledge of a material defect that was not disclosed to the buyer or any misrepresentation rel
Definition
TRUE
Term
Brokerage fees
Definition
paid in return for services such as listing a property, property management services, or buyer representation services.

anyone can pay as long as all parties know who is representing whom in the transaction, all agents act in a way which is consistent w/their agency relationship, all parties know and udnerstand hwo the brokerage feel will be paid.
Term
Tortuous interference
Definition
attempting to alter a contract between other parties. While negotiating for the seller to pay the fee of the buyers agent, the buyer attempts to reduce the feel the seller agered to pay teh seller's agent in the listing agreement.
Term
Procuring cause
Definition
the broker who initiated a series of events that without breaking the continuity, resulted in the sale of the property.
Term
Broker compensation can be expressed as:
Definition
Flat fee

Percentage of sale price, rent etc.

Hourly fee plus expenses

Percentage plus expenses
Term
Salesperson compensation
Definition
Comes only from their employing broker

Salary, draw, or commission.
Term
MATH
Sale price X Commission rate = ?
Definition
Commission
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