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57 Cards in this Set

  • Front
  • Back

In Texas if a salesperson wants to sell their personal real estate what do they need to do?

disclose in writing that they are selling their own property, prior to a contract

If a customer refers a buyer to a licensed salesperson in Texas, how much cash can the salesperson pay the customer?

Can’t pay unlicensed customer

What is MUD?

municipal utility district

Who signs the MUD document?

seller & buyer

Who delivers the MUD document?

seller

When does earnest money need to be deposited into the trust account?

close of business of the second working day after broker receives trust money

A salesperson shall not maintain a ________________. Any trust money received by a salesperson must be immediately delivered to the salesperson's sponsoring broker.

trust account

When must a salesperson deliver earnest money to their sponsoring broker?

immediately

If an out of state salesperson refers a customer, can the out of state salesperson be paid a fee?

yes, as long as the out of state salesperson has an active real estate license

Which form is used by a salesperson to add a contract related item to a P&S?

39-7 Amendment to Contract

How much money can a salesperson take directly from a buyer?

any amount as long as it comes from the sponsoring firm

Express material misrepresentation or Neglect Material misrepresentation is grounds to suspension of a license?

express

A party is not liable for a misrepresentation or a concealment of a material fact made by a license holder in a real estate transaction unless the party?

concealed the material fact. knew about a falsity with misrepresentation. failed to disclose a matter which could adversely affect the transaction

If an unlicensed assistant is hosting an open house for a salesperson. Who is ultimately responsible for the assistant?

broker

Unlicensed salesperson participating is real estate sales could receive?

-administrative penalty


-cease and desist


-a complaint from TREC

How many years does the broker need to keep sales contracts at the sponsoring firm?

4 years

Texas Property Tax Exemptions state that a person can have ____________ up to ________in the State of Texas?

One homestead, up to 20 acres

When a licensee is up for their first renewal, what is required to complete?

90 hours of core real estate classes

When a Seller requests that his home must appraise for the Selling price, and he wants it to be a condition of the sale, who must add this?

Agent adds to the special revisions

A type of Foreclosure not usually tied to a person's primary residence?

ad valorem

A 15% Broker owner of the business must maintain how much errors and omissions insurance?

$0.00

As a salesperson when do you advise the Buyer to have the survey pulled and get a title insurance policy?

Within 20 days of execution of the purchase and sale contract:


Within 20 days after the Title Company receives a copy of this contract, Seller shall furnish to Buyer a commitment for title insurance

What is the main Difference between Licensee and Intermediary Broker?

an intermediary must act impartially and represent both parties

What is the remedy stated as part of the standard information provided on the One to Four Family Residential Contract?

mediation

If the Termination clause is activated by the buyer, the earnest money is released to?

buyer, buyer’s agent

What is the main factor to consider when determining the appraisal value?

highest and best use

What is the minimum requirement for a 5% owner of a business for Errors and Omissions Insurance?

$1,000,000

When is it OK to pay a referral to an out-of-state referral?

referring person is an agent/broker

What is the responsibility of a Licensee that decides to perform real estate business by other another name?

notify sponsoring broker - and update TREC within 30 days

When a brokers list "Appraisals Available" on their personal website - it would be Illegal, unless?

the Broker is a Licensed TREC Appraiser

Purchase and Sales Agreement is signed. Agent finds the building is beyond lot lines, the agent should:

tell the owner to notify the buyer immediately

When a Buyer/ Seller request a copy of the Purchase and Sales Agreement, the Agent should?

supply a copy to the requesting Buyer / Seller

In the State of Texas Auctioneers doing real estate auctions are:

not required to be licensed

When MUST an existing agency relationship be disclosed to another party to a proposed transaction?

At the time of licensee’s first contact.

What are the agency disclosure requirements for real estate licensees?

disclose upon first contact to another party

Are licensees required to provide parties with written information relating to agency?

Yes, at first substantive dialogue using TREC form Information About

What is considered a substantive dialogue?

A substantive dialogue can occur at a face-to-face or telephone meeting or by written communication (including email) that involves a substantive discussion relating to specific real property. If the substantive dialogue occurs at other than a face-to-face meeting, the required written statement should be sent to the party promptly

Are there exceptions when the statutory written statement is not required?

Yes. The statement is not required for either of the following:(1) a transaction which is a residential lease no longer than one year and no sale is being considered; or(2) a meeting with a party represented by another licensee.

Are the disclosure and statutory information requirements applicable to commercial transactions, new home sales, farm and ranch sales or transactions other than residential sales?

Disclosure is required for all applicable real estate transactions, except for a lease less than one year and a party already represented.

Is the licensee required to provide the "written statement" to buyer prospects at an open house?

No, However, at the first substantive dialogue thereafter with the buyer regarding a specific property they are.

If a buyer's agent is required to disclose his or her status as the buyer’s agent to a listing broker when setting up a showing appointment, must the listing broker also disclose to the buyer's agent that the listing broker represents the seller?

Yes, on the first contact with the licensee representing the buyer.

A factory has smoke coming out filling the neighborhood with pollution, a house is downwind from the factory suffers from?

economic functional obsolescence

A former client (non licensed) refers a buying customer to a broker. The broker can offer the former client consideration of?

$50 gift card

Realtor has an advertisement in the local paper for one of his listings. The license must include:

the name of the broker and the firm


assumed name if it is registered with the commission


phone #, email & fax #

What can be deposited in the firm’s trust account?

funds collected from a buyer

During an open house, the broker allows an unlicensed person to show the house to customers. Who gets reprimanded?

none of them

Salesperson didn’t tell the buyer about a material fact defect on the house. He started a disagreement/argument between seller and buyer on purpose. He committed?

Fraudulent misrepresentation

Does a real estate trust account collect interest?

yes, the broker can keep the interest if the person depositing the money signed an agreement authorizing the broker to keep the interest.

As an independent contractor can your broker deduct social security from commission checks?

no, independent contractors pay this

Can an independent contractor ask his broker to deduct federal taxes from his commission checks?

no

As an independent contractor, can a broker have mandatory meetings that all independent contractor / salespersons must attend?

licensees’ don’t have to attend

In a rural homestead, how many acres can be claimed? KEYWORD: Rural

rural: 200


urban: 10

When a purchase and sales agreement is delivered to the other party, who has the final signature on it?

seller

While at a listing appointment the seller asked the broker not to mention that the roof is leaking. The broker should?

ask the seller to retract the statement, or the licensee can’t list the property

A client dies, with a will. When can the heirs begin to collect real/personal property?

they can receive the property immediately

How does a salesperson tell a client he is the represents another party?

upon first contact in writing or verbally

Can a broker pay all or a portion of a commission or fee to an unlicensed person if they were a party to the transaction?

In general, no. However, a license holder may rebate all or a portion of the fee or commission to the party being represented in the transaction, or, with consent of the party being represented, the license holder can also pay all or a portion to a party the license holder does not represent in the transaction.