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47 Cards in this Set

  • Front
  • Back

Antitrust laws

State and federal laws designed to maintain and preserve business competition

Arbitration

W consent the matter is submitted to a disinterest third party who makes a binding judgement

Blind ad

Ad that fails to disclose the licensed name of brokerage firm and that only gives P.O. Box, phone number, and or street address

Commingle

Mixing a buyer’s, seller’s, tenant’s, or landlord’s funds w the broker’s money or mixing escrow money w the brokers funds or brokerage funds

Conflicting demands

Buyer and seller make demands w disbursement of escrowed prop that are inconsistent and can’t be resolved

Corporation

Artificial person or entity created by law and consisting of one or more persons formed by articles of incorporation

Declaratory judgement

Filed w the judge in court of law if brokers believe they’re entitled to a portion of disputed escrow funds

Deposit

Sue if money delivered to licensee as earnest money, payment, or partial payment in connection w a re transaction

Earnest money deposit

Money given as good faith to accompany an offer to purchase or lease real property

Escrow account

Account for deposit of money held by a third party in trust for another for safekeeping

Escrow disbursement order

Determination by frec of who is entitled to disputed funds

General partnership

An assoc of 2 or more persons for the purpose of jointly conducting a business together and each to share the profits and losses of the business

General partnership

An assoc of 2 or more persons for the purpose of jointly conducting a business together and each to share the profits and losses of the business

Good faith doubt

When the broker questions or doubts the parties’ willingness to fulfill the duties or obligations set forth in the contract & broker requests guidance as to who should receive the escrowed property

General partnership

An assoc of 2 or more persons for the purpose of jointly conducting a business together and each to share the profits and losses of the business

Good faith doubt

When the broker questions or doubts the parties’ willingness to fulfill the duties or obligations set forth in the contract & broker requests guidance as to who should receive the escrowed property

Interpleader

Legal proceeding where uninterested broker deposits w the court the disputed escrow deposit so the court can determine the rightful claimant

General partnership

An assoc of 2 or more persons for the purpose of jointly conducting a business together and each to share the profits and losses of the business

Good faith doubt

When the broker questions or doubts the parties’ willingness to fulfill the duties or obligations set forth in the contract & broker requests guidance as to who should receive the escrowed property

Interpleader

Legal proceeding where uninterested broker deposits w the court the disputed escrow deposit so the court can determine the rightful claimant

Kickback

Broker receives money from someone other than the buyer or seller

Good faith doubt

When the broker questions or doubts the parties’ willingness to fulfill the duties or obligations set forth in the contract & broker requests guidance as to who should receive the escrowed property

Kickback

Broker receives money from someone other than the buyer or seller

Limited liability company

Offers the best features of a corporation and a partnership. Members are protected from personal liability as in a corporate form of ownership and the tax advantages of a partnership

General partnership

An assoc of 2 or more persons for the purpose of jointly conducting a business together and each to share the profits and losses of the business

Good faith doubt

When the broker questions or doubts the parties’ willingness to fulfill the duties or obligations set forth in the contract & broker requests guidance as to who should receive the escrowed property

Interpleader

Legal proceeding where uninterested broker deposits w the court the disputed escrow deposit so the court can determine the rightful claimant

Kickback

Broker receives money from someone other than the buyer or seller

Limited liability company

Offers the best features of a corporation and a partnership. Members are protected from personal liability as in a corporate form of ownership and the tax advantages of a partnership

Limited liability partnership

Protection from person liability the same as limited partners in a limited partnership

Limited partnership

Consists of one or more general partners and one or more limited partners

Litigation

Provides matter to be resolved in a court of law when there are disputing parties regarding escrow funds

Market allocation

Agreement between brokers to split up competitive market areas among themselves and not complete in each other’s areas

Market allocation

Agreement between brokers to split up competitive market areas among themselves and not complete in each other’s areas

Mediation

Informal non adversarial process intended to reach a negotiated settlement that is not binding

Ostensible partnership

No real partnership, but public would think one exists

Personal assistants

Individuals hired by licensee to perform administrative tasks

Personal assistants

Individuals hired by licensee to perform administrative tasks

Point of contact info

Any means to contact the brokerage firm or licensee

Price fixing

Occurs when competing brokers conspire to establish a standard commission

Price fixing

Occurs when competing brokers conspire to establish a standard commission

Professional association

Business corporation consisting of one or more individuals engaged in a primary business that provides a professional service

Sole proprietorship

Business owned by one person w no legal separation between the owner and the business

Team advertising

Name or logo used by one or more licensees who represent themselves to the public as a team or group

Telephone solicitation

Phone call for purpose of encouraging the purpose or investment in something

Trade name

Business name other than the legal name or the person doing business

Trust funds

Cash, checks, money orders, etc that can be converted to cash that are held by a third party