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21 Cards in this Set

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Antitrust Laws
Laws designed to preserve the free enterprise of the open marketplace by making illegal certain private conspiracies and combinations formed to minimize competition.

Most violations of antitrust laws in the real estate business involved either price - fixing (real estate professionals conspiring to set fixed compensation rates) or allocation of customers or markets (real estate professionals agreeing to limit their areas of trade or dealing to certain areas or properties).
Boycott
When individuals or businesses withhold their patronage to a business as a protest or to reduce competition.
Branch Office
A secondary place of business apart from the principal or main office from which real estate business is conducted. A branch office usually must be run by a licensed real estate professional.
Brokerage
The bringing together of parties interested in making a real estate transaction.
Commingling
The illegal act by real estate professionals of placing client or customer funds with personal funds. By law, real estate professionals are required to maintain a separate trust or escrow account for other parties' funds held temporarily by the real estate professional.
Commission
Payment to a real estate professional for services rendered, such as in the sale or purchase of real property; usually a percentage of the selling price of the property.
Conversion
The illegal use of money received on behalf of the principal.
Disclaimer
A statement indicating no legal responsibility for information; no warranties or representations have been made.
Do Not Call Registry
A national registry, managed by the Federal Trade Commission, that lists the phone numbers of consumers who have indicated their preference to limit the telemarketing calls they receive.
Electronic Contracting
A process of integrating information electronically in a real estate transaction between clients, lender, and title in closing agents.

Electronic Signatures in Global and National Commerce Act (E-Sign)

An act that makes contracts (including signatures) and records legally enforceable regardless of the medium in which they are created.
Employee
For tax purposes, someone who works as a direct employee of an employer and has employee status.

The employer is obligated to withhold income taxes and Social Security taxes from the compensation of employees.

See also independent contractor.
Independent Contractor
Someone who is retained to perform a certain act but who is subject to the control and direction of another only as to the end result and not as to the way in which the act is performed.

Unlike an employee, an independent contractor pays for all expenses and Social Security and income taxes and receives no employee benefits.

Most real estate sales associates are independent contractors, meeting the Internal Revenue Service definition for a qualified real estate agent.
Internet Data Exchange (IDX) Policy
Policy that allows all multiple listing service (MLS) members to restrict Internet access to MLS property listings.
Managing Broker
The real estate professional who is responsible for supervision of the real estate professionals to act on behalf of the brokerage; may also be called a supervising broker.
Minimum Level of Services
The services that real estate professionals must provide to clients, as prescribed differently by certain states; for example, assisting clients in negotiation and answering questions from clients about offers, counteroffers, and contingencies.
Multiple Listing Service (MLS)
A marketing organization composed of member real estate professionals who agree to share their listing agreements with one another in the hope of procuring ready, willing, and able buyers for their properties more quickly than they could on their own.

Most multiple listing services accept th exclusive right-to-sell or exclusive agency listings from their member real estate professionals.
Procuring Cause
The effort that brings about the desired result. Under an open listing, the real estate professional who is the procuring cause of the sale receives the commission.
Ready, Willing and Able Buyer
Person who is prepared to buy property on the Seller's terms and is ready to take positive steps to consummate the transaction.
Unbundling Services
Offering only the real estate services that a client requires.
Uniform Electronic Transactions Act (UETA)
Sets forth rules for entering into an enforceable contract using electronic means.