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47 Cards in this Set
- Front
- Back
Antitrust laws |
State and federal laws designed to maintain and preserve business competition |
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Arbitration |
W consent the matter is submitted to a disinterest third party who makes a binding judgement |
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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 |
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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 |
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Conflicting demands |
Buyer and seller make demands w disbursement of escrowed prop that are inconsistent and can’t be resolved |
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Corporation |
Artificial person or entity created by law and consisting of one or more persons formed by articles of incorporation |
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Declaratory judgement |
Filed w the judge in court of law if brokers believe they’re entitled to a portion of disputed escrow funds |
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Deposit |
Sue if money delivered to licensee as earnest money, payment, or partial payment in connection w a re transaction |
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Earnest money deposit |
Money given as good faith to accompany an offer to purchase or lease real property |
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Escrow account |
Account for deposit of money held by a third party in trust for another for safekeeping |
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Escrow disbursement order |
Determination by frec of who is entitled to disputed funds |
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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 |
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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 |
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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 |
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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 |
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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 |
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Interpleader |
Legal proceeding where uninterested broker deposits w the court the disputed escrow deposit so the court can determine the rightful claimant |
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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 |
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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 |
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Interpleader |
Legal proceeding where uninterested broker deposits w the court the disputed escrow deposit so the court can determine the rightful claimant |
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Kickback |
Broker receives money from someone other than the buyer or seller |
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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 |
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Kickback |
Broker receives money from someone other than the buyer or seller |
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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 |
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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 |
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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 |
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Interpleader |
Legal proceeding where uninterested broker deposits w the court the disputed escrow deposit so the court can determine the rightful claimant |
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Kickback |
Broker receives money from someone other than the buyer or seller |
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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 |
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Limited liability partnership |
Protection from person liability the same as limited partners in a limited partnership |
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Limited partnership |
Consists of one or more general partners and one or more limited partners |
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Litigation |
Provides matter to be resolved in a court of law when there are disputing parties regarding escrow funds |
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Market allocation |
Agreement between brokers to split up competitive market areas among themselves and not complete in each other’s areas |
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Market allocation |
Agreement between brokers to split up competitive market areas among themselves and not complete in each other’s areas |
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Mediation |
Informal non adversarial process intended to reach a negotiated settlement that is not binding |
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Ostensible partnership |
No real partnership, but public would think one exists |
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Personal assistants |
Individuals hired by licensee to perform administrative tasks |
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Personal assistants |
Individuals hired by licensee to perform administrative tasks |
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Point of contact info |
Any means to contact the brokerage firm or licensee |
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Price fixing |
Occurs when competing brokers conspire to establish a standard commission |
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Price fixing |
Occurs when competing brokers conspire to establish a standard commission |
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Professional association |
Business corporation consisting of one or more individuals engaged in a primary business that provides a professional service |
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Sole proprietorship |
Business owned by one person w no legal separation between the owner and the business |
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Team advertising |
Name or logo used by one or more licensees who represent themselves to the public as a team or group |
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Telephone solicitation |
Phone call for purpose of encouraging the purpose or investment in something |
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Trade name |
Business name other than the legal name or the person doing business |
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Trust funds |
Cash, checks, money orders, etc that can be converted to cash that are held by a third party |