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33 Cards in this Set

  • Front
  • Back

Name 4 Types of Listing Agreements for Real Estate Agents.

1. Exclusive right to sell listing.


2. Exclusive agency listing.


3. Open listing.


4. Net listing.

Define listing agreements - Exclusive right to sell listing.

In this agreement, the agent gets paid no matter who sells the property, regardless of whether it's the agent or the seller.

Definelisting agreements - Exclusive agency listing.

Agents get paid in this type of agreement only if they sell the property. No fee is earned if the owner alone sells the property

Definelisting agreements - Open listing.

In this type of agreement, sellers have the right to use as many brokers as they want. The seller is not, however, obligated to pay any of them if he or she sells the property without the broker's help.

Definelisting agreements - Net listing.

This type of agreement may be illegal in your state. The agent gets to keep everything he can get that's more than the sale price the owner wants.

Define - Condominium/cooperative.

A condominium owner actually owns real estate. This ownership is usually the air space and an interest as a tenant in common of the land.




A cooperative owner owns shares in a corporation that owns a building. The shareholder also gets a proprietary lease, which enables the shareholder to occupy a unit.

Define - Foreclosure/forfeiture.

Foreclosure is the loss of property to pay off a debt.




Forfeiture is losing the property because of disobeying a condition in the deed.

Define - Grantor/grantee.

The grantor gives, sells, or transfers the property to the grantee.




The grantee receives the property.

Define - Leasehold/leased fee.

The leasehold interest is the tenant's interest in the property. The tenant holds the lease.




The leased fee interest is the owner or landlord's interest.

Define - Mortgagor/mortgagee.

The mortgagor is the borrower.




The mortgagee is the lender. The borrower gives a mortgage to the lender.

Define - Replacement cost/reproduction cast.

These terms are associated with the cost approach to valuing a property.




Replacement cost is the cost to produce a structure that is essentially the same as the existing structure but using modern materials and standards.




Reproduction cost is an estimate of the cost to produce exactly the same structure with the same materials

Define - Tax credit/tax deduction.

A tax credit is subtracted from taxes due.




A tax deduction is subtracted from income. If all things are equal, a tax credit generally is more valuable than a tax deduction of the same amount.

Name the 4 Kinds of Real Estate Ownership.

1. Tenancy in severalty.


2. Tenancy in common.


3. Joint tenancy.


a. Interest;


b. Possession;


c. Time;


d. Title


4. Tenancy by the entirety.

Define - Tenancy in severalty

Although it may sound like more, this type of ownership is by one person or a corporation, and not being married has nothing to do with it.

Define - Tenancy in common.

Equal or unequal undivided ownership between two or more people is what characterizes this type of ownership. If an owner dies, the deceased person's share is conveyed to his or her heirs, not the other owners.

Define - Joint tenancy.

The four unities that must exist for this type of ownership to exist are


1.Interest: Each owner has the same interest.


2.Possession: All owners hold an undivided interest.


3.Time: All owners receive their interest at the same time.


4.Title: All owners acquire their interest with the same deed.




If one owner of a joint tenancy dies, that owner's interest reverts to the other owners. This right of survivorship may vary by state.

Define - Tenancy by the entirety.

Ownership that's available only to married couples, tenancy by the entirety means that property may not be sold without the agreement of both parties. The right of survivorship exists to the extent that if one spouse dies, his/her interest reverts to the other spouse.

Name 6 ways you can convey, and or transfer voluntarily and or lose properties?

1. Dedication.


2. Public grant.


3. Adverse possession.


4. Avulsion.


5. Erosion.


6. Partition

Define - dedication

When you dedicate property, you essentially give it up voluntarily to the government. An example is a developer giving up streets in a subdivision.

Define - Public grant.

A public grant of land is just the opposite of dedication; the government actually is giving property to private individuals.

Define - Adverse possession.

When someone uses your property, you may end up losing the property or having your rights to the property restricted.

Define - Avulsion.

Avulsion is the sudden loss of land by an act of nature like a landslide.

Define - Erosion.

A little like avulsion, erosion is the gradual loss of land by an act of nature, like property lost along the bank of a river.

Define - Partition.

A partition is a legal proceeding to divide property owned by two or more people.

What is it called, relationship between a real estate agent & a client?

fiduciary

what does fiduciary mean?

faithful servant, and an agent is a fiduciary of the client. In real estate, a broker or a salesperson can be the agent of a seller or a buyer.

Define the 6 Fiduciary Duties of a Real Estate Agent

1. Accounting.


2. Care.


3. Confidentiality


4. Disclosure.


5. Loyalty.


6. Obedience.

What does Fiduciary duties - accounting mean?

The agent must account for all funds entrusted to her and not commingle (combine) client/customer funds with her personal and /or business funds.

What does Fiduciary duties - care mean?

The agent must use all of her skills to the best of her ability on behalf of the client.

What does Fiduciary duties - confidentiality mean?



The agent must keep confidential any information given to her by her client, especially information that may be damaging to the client in a negotiation.

What does Fiduciary duties - Disclosure means?

The agent must disclose to the client any information she receives that may benefit the client's position in a negotiation.

What does Fiduciary duties - Loyalty mean?

The agent owes undivided loyalty to the client and puts the client's interests above her own

What does Fiduciary duties - Obedience mean?

The agent must obey all lawful orders that the client gives her.