Study Cards - Tucker School of Real Estate

Chapter 4

Agent

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Person authorized by the principal to act on their behalf. The agent works for the principal.

Fiduciary Relationship

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Specialized relationship of trust and confidence between principal and agent. Agent must place the interests of the principal above all others, including themselves.

Fraud

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  • Intentional misrepresentation of a material fact.
  • Failure to make a required disclosure such as a property defect.

Dual Agency or Limited Agency

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One agent representing both sides of a transaction. (i.e. Buyer and Seller.) The agent's role is limited, they would not "take sides" in negotiations. Must have written informed consent from both principals.

General Agent

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Agent that represents a Principal in broad range of matters related to a specific property. (i.e. A property manager is usually a general agent.)

Latent Defect

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Property defects that are "hidden" or not obvious to the eye. Usually structural in nature.

Negligent Misrepresentation

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Incorrect statement or information provided to a client or customer when the Broker should have known that the information was false.

Psychologically Affected POroperty or Stigmatized Property

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Property with a "reputation" because of events such as death, murder, or illegal drug manufacture.

Principal

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Client. One who authorizes an agent to work on their behalf.

Puffing

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Exaggerating the benefits of a property. Usually refers to subjective issues such as beauty or views.

Universal Agent

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Agent with virtually unlimited authority to act on behalf of the Principal. Can do anything the Principal could do personally.

Special Agent

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Agent authorized to perform only specific act(s) for a Principal. Real estate agents are usually special agents.