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51 Cards in this Set

  • Front
  • Back
The Residential Listing Agreement (RLA) defines the broker’s duties and rights
and is a bilateral written employment agreement that grants a
licensed real estate __ a fee for service.
broker
The most common listing agreement is the __
right to sell residential listing, whereby a broker is authorized to
find a ready, willing, and able purchaser for a property at a price
exclusive
The sale of
the respective property is generally not required for the broker to
earn the agreed to compensation; only that the broker find a
potential buyer who is ready, willing, and able to __ the property.
purchase
A verbal agreement is unenforceable: you won't get a __.
commission
“if anyone other
than the Buyer compensates Broker for services covered by this agreement,
that amount shall be credited toward the buyer’s obligation to
pay __.”
compensation
Open listing Commission:
Only if a separate compensation agreement is signed by the
seller. Broker is __.
vulnerable
Exclusive Agency Commission:
Here the seller appoints the broker as her “exclusive agent,” but
the owner may sell the property herself with no compensation
due __. MUST have a definite termination __.
broker; date
Exclusive authorization and right to sell commission:
Under this contract, the broker is the seller’s “exclusive
agent” and is granted the right to compensation no matter
who sells the property, including the owner. Best __
protection available.
broker
Kevin, both of the "E" listing agreements are identical except that Exclusive Authorization gives you commission regardless of who sells the __.
property
An open listing is a unilateral contract that is actually created only when the act is __.
performed
It is rare that a real estate office will take an __ listing.
open
In 1989, C.A.R. changed their MLS rules to allow listing offices to offer compensation to cooperating brokers without the obligation of __: buyer/broker agreement.s
subagency
The BRNN grants the “nonexclusive
and revocable” right to represent for one year or completion of a
resulting transaction, whichever occurs first, but the other buyer agreements
are not limited to one __.
year
The major advantage to the use of a Buyer Representation
Agreement is that because the broker can show the many __ properties (FSBOs, foreclosures, open listings) and still be compensated.
unlisted
A(n) __ listing agreement generally occurs when a broker has a contract to find a buyer and the owner grants the broker an option
to purchase the property for herself. An option listing isn’t really a
listing at all; it is really a “contract to contract” that is sometimes
used by some brokers. Brokers are forbidden from profiting from this. Avoid these listings.
option
A __ listing is an employment contract in which the broker’s
compensation is all monies received over and above the net
amount specified by the seller. The danger for unethical, illegal, practice makes this listing one to avoid.
net
Alternative Fee Listing (or Limited __ Broker, or Fee for Services, or menu-type listing) this type of listing is where the broker charges a flat fee for her counseling and
guidance services and then allows the seller to choose from and pay
separately for other services on the broker’s menu of services like: entry into MLS, signs, fliers, website, open house, staging, etc.
Agency
All
C.A.R. forms are reviewed __ a year and subject to modification.
twice
While three- to __-month listings are common, market
conditions, advertising deadlines, property preparation, or repair
times must be considered when deciding on the length of the listing
period.
six
If an address is too lengthy to place in the space provided,
insert the words “see addendum” and put the address or
description on an addendum and have the sellers __ it.
sign
Fixtures must be excluded in BOTH the listing agreement and purchase contract, or they will __ with the property.
stay
Buying agent gets compensation by bringing a buyer who is ready, willing, and __ to meet the contract terms.
able
good reason for requiring
all visitors to your Open House to sign the register: to prove they entered the house in case they try to buy the home after your listing __.
expires
To prevent people from buying (for no commission): they must have entered the home and the realtor must provide their names within __ days.
3
The listing must be submitted to MLS within forty-eight hours after the seller signs it unless the seller makes a written instruction to the listing licensee
to __ it.
exclude
The broker is not liable for incorrect information supplied to the broker
by the seller or for failure to disclose __ facts to the
broker.
material
the broker is not responsible for loss or damage to the property in connection with the use of a(n) __ or the showing of the property.
keybox
the licensee must obtain the owner’s written __ before having a for-sale sign installed.
authorization
Commission disputes: the loser pays the winners attorney fees unless the loser refused to try __ first.
mediation
Broker has 5 days to cancel a listing taken by an associate __.
licencee
(Binding) Arbitration of Disputes: both parties must initial for this to take __.
effect
Listing presentation stage 1:
visit to tour the home and ask their motivations.

Listing presentation stage 2:
Create the __ plan and present it to them
marketing
Listing presentation:
1. Do another quick tour to "check your notes" - this puts them at ease.
2. Ask to place your materials on the kitchen table.
3. Do NOT sit across from them - sit to the side or to the corner.
4. The theme of the
first two sections should be “we are excellent at getting homes sold
at great prices for people in a reasonably short time, with few __.”
problems
Explain to the owners that there is a
direct correlation between the number of buyers who actually
view the property and the number of __ received.
offers
If one of the owners turns away and cross their arms over their chest, that is a sure sign that they are not __ with what they just heard.
happy
Trial close for listing presentation: “How would you feel about seeing your home in an ad like this in a couple of days?”
yeah
Show them the active listings that are available and point out
that because they are the owners’ competition they set the __ limit of what the owners can ask for their home. Also mention __ listings and why they didn't sell.
upper
expired
buyers, not sellers, set the market value of a property by making an
informed offer to __ it
purchase
Nice: "I have already shown you what happens when you list a
home too high; it’s just a frustrating waste of your time and all you
would have accomplished would be to help sell your neighbors’
homes by __."
comparison
phase 3: go over the listing agreement. Some people just want to hear the __ version of it.
condensed
Trial closes: "where should we put the for sale sign"? or "Where should we put the __?" or even "I am ready to go to work for the two of you right now -- how do you feel about it?”
keybox
The C.A.R. ESP form is a good
one to use for estimated seller __.
proceeds
Respond to "We dont see many of your company's signs around here."
“Well, it’s true that we don’t get a lot of listings in this area, but we always sell the ones that we do get, and for excellent prices too. Also, more signs mean more unsold listings."
Respond to “Bill over at XYZ Realty said that he would sell my house for [x]
percent commission. Will you match that?”
“You know, Mr.
Smith, it makes me feel bad when I hear people say that, because in reality, a reduced commission costs you money in the end; let
me explain. Firms that work for reduced fees know they will only get a small
fee, so they can’t afford to advertise and market like we do. They
usually generate less buyer traffic to your home, creating less competition, and you often don’t get as high a price.
Respond to “We don’t want a lockbox; you’ll have to show it by appointment only. We don’t want anyone in our home unless you’re there to watch them, and we don’t want people walking in on us.”
“Not only are these made of casehardened
steel that can’t be sawn off, they are electronic and record
the licensees that have shown the property. Every buyer that
is shown the property will be accompanied by their representative,
who is trained to keep an eye on them.” “Salespeople will not just
show up and come in; they will call first, per the showing instructions
in the MLS listing. If no one is home, they will leave a message as to when they are coming by so that you won’t be surprised. Does that sound safe enough?” “Mr. Smith, it is very important that we make it easy for licensees to show your home
so that we can get the maximum exposure to potential buyers. If
you were a salesperson with six homes to show to a buyer and
five were on keysafe but one (yours) was by appointment only,
which one do you think might not get shown?”
Respond to “We don’t want our neighbors to know that we’re selling, so we don’t want a for-sale sign.”
“I understand how you feel, but, believe me, your neighbors will know that you are selling. I don’t want your neighbors to get the wrong idea about what you are
doing here. Imagine what they will think you are doing if they
see an expensive car drive up with a few people who go in your
house and come out a few minutes later, then another expensive
car drives up and the same thing happens again and again. What
do you think they think you are doing? Besides, 56 percent of buyers make their first contact with a home by calling us from a for-sale sign; I don’t want to lose that many buyers, do you?”
Respond to “We want our home advertised every week in the newspaper.”
“Let me explain how we handle that. First, less than 10 percent
of today’s buyers look for homes in the newspapers; they use the Internet;
Respond to “We want you to hold Open House every week until the property is
sold.”
“It would be nice if I could do that, but I often have
more than one listing to service at the same time. Let me assure
you that I will hold the home open as often as possible, and
when I can’t do it, I’ll make every effort to have one of our
best salespersons do it for me; how does that sound?”
Respond to “We want to sell as-is. We don’t want to get stuck with a bunch of costly repairs.”
"The problem with putting
that in the listing is that it will scare away potential buyers
because they will think that you have a lot of repairs to do.
Remember, you can limit your liability for repairs through negotiation when an offer is presented to you. Structuring that is part of my job. If you are really concerned, then I recommend that we get a presale home inspection and termite inspection, so that we know exactly what potential repairs might be required.”
Respond to “We aren’t taking a penny less than the asking price.”
“The price
that you accept for your home is entirely up to you. I have
shown you what your home is worth today and I will update
you as we go along. When you get an offer that is less than
the list price, but is at market value based on what I have shown
you, you very much risk losing a good sale on your home by
counteroffering too high. it could even result in your getting
less than market value later on because if your home is on the
market for a long time, agents and buyers will begin to wonder
what’s wrong with it because it’s not selling. You need to be
very careful about that.”
Respond to “We don’t want to list until we have found our next home.”
“It would be nice if we could do that, but you would have to make your offer to purchase the next home contingent on the sale of
this one and, many if not most sellers are reluctant to accept a
contingent offer, usually because they feel they have lost control;
it would be a frustrating experience for you. If you are really
concerned about that, then let’s make the sale of this home
contingent on you purchasing a replacement home within thirty
days after yours is sold. That would fully protect you. How
does that sound?”