Is a real estate broker acting as the agent of the seller? (2024)

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Is a real estate broker acting as the agent of the seller?

(Civil Code § 2322, Probate Code §§ 16000-16105.) In most real property transactions, the real estate broker acts as an agent for someone else - the principal - who seeks to sell to, buy from, or exchange with a third party real property or a business opportunity.

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Is a real estate broker acting as the special agent of the seller?

A special agent in real estate is an agent hired to perform a specific duty for a client. The agent's authority is limited to the specific job for the client. A listing agent hired to sell a client's home is an example of a special agent.

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What is the authority a broker has when acting as an agent for a principal?

A broker acting as agent for a principal has as much authority as: the principal actually or ostensibly confers upon him. Fiduciary applies to the relationships between people in many different positions.

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Which statement is true regarding the duties of a real estate broker who is acting as the agent of the seller?

Explanation: In the field of real estate, a broker who acts as the agent of the seller is obliged to demonstrate certain professional ethics. Among the given options, statement a. 'The broker is obligated to render loyalty to the seller,' is TRUE.

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Is the seller's agent represents the broker True or false?

A buyer's agent represents the buyer, and the seller's agent represents the broker. Agents act as representatives employed by the two parties to transact their business for them. Both agents are to coordinate and negotiate the conditions and terms of the parties that they represent. Therefore, the statement is true.

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Do brokers act as agents?

A broker is an insurance intermediary who represents the insured rather than the insurer. They assist consumers who are seeking coverage. Unlike independent agents, brokers are not the legal representatives of insurers. This means they often do not have the right to act on behalf of insurers, such as to bind coverage.

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Is an agent for a seller a broker is allowed to?

advise a buyer of the quality of title to the property change the terms of the listing contract on behalf of the seller . solicit an offer to purchase the property from a prospective buyer.

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What is the difference between acting as principal and agent?

In each scenario, the principal is the individual seeking out the service or advice of a professional, while the agent is the professional performing the work.

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What is an agent acting on behalf of the principal?

A principal-agent relationship is created when the agent is given authority to act for the principal. An agreement made by an agent is binding on the principal so long as the agreement was within the authority actually granted to the agent or reasonably perceived by a third party.

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What is the principal-agent rule?

In a principal-agent relationship, one entity authorizes another to perform actions on their behalf. Principals provide instructions to agents and provide them with the agreed compensation. An agent's duties include acting in the principal's best interests and adhering to legal regulations.

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What is an ethical violation in real estate?

Code of Ethics Violations. Common real estate ethics complaints can include: Not acting in the best interests of clients. Revealing private or confidential information. Advertising a listed property without disclosing their Realtor status.

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What are brokers also acting as?

A broker is an individual or firm that acts as an intermediary between an investor and a securities exchange. A broker can also refer to the role of a firm when it acts as an agent for a customer and charges the customer a commission for its services.

Is a real estate broker acting as the agent of the seller? (2024)
What is a broker's responsibility?

A broker is a sales professional who executes sales transactions between two parties in exchange for a commission. Present in real estate, finance and other sectors, brokers facilitate the sale of financial products, property assets, intellectual property, material goods and more.

What is the legal relationship between broker and seller?

(Civil Code § 2322, Probate Code §§ 16000-16105.) In most real property transactions, the real estate broker acts as an agent for someone else - the principal - who seeks to sell to, buy from, or exchange with a third party real property or a business opportunity.

When a broker represents both the buyer and seller in a real estate transaction it is called?

Dual agency occurs when a real estate agent works on behalf of both the home buyer and seller. In most real estate transactions, it is much more common to have separate agents represent each party, as this helps avoid the conflict of interest that can happen when an agent negotiates for both sides.

What is a broker representing the seller in a real estate transaction?

Seller's Broker: Lists property for sale for the seller. Negotiates on behalf of the seller. Loyal to the seller and must tell the seller any information they learn from the buyer, even if it weakens the buyer's position. Buyer's Broker: Represents and advocates for the buyer in the transactions.

What are the 2 main differences between agents and brokers?

The agent may represent either the buyer or the seller. A real estate broker does the same job as an agent but is licensed to work independently and may employ agents. Brokers are paid on commission but also get a cut of the commissions of agents who work for them.

When an insurance broker is involved who does the agent legally represent?

Agents represent insurers, while brokers represent the client. Agents can complete insurance sales (bind coverage), while brokers cannot.

What is an example of a broker agent?

They represent either the buyer or the seller and help them reach an agreement on the terms of the sale. Another example is an insurance broker-agent who brings about or negotiates contracts of insurance as an agent for someone else, but not as an officer, salaried employee, or licensed agent of an insurance company.

Why a broker is better than an agent?

The main difference between an agent and broker is the number of responsibilities they're able to take on. A broker can do everything an agent can do, but they have the added responsibility of making sure all real estate transactions are lawful, all paperwork is accurately completed and all finances are accounted for.

What happens when negotiating the price of a home?

In a buyer's market, it can be acceptable to offer up to 20% under a seller's asking price, assuming the home in question requires hefty repairs. Otherwise, you're better off negotiating 1% – 10% below the asking price. In a seller's market, buyers have even less leeway when negotiating down.

Which statement provides the most accurate distinction between an agent and a broker?

Expert-Verified Answer

The statement that provides the most accurate distinction between an agent and a broker is that agents represent one manufacturer in a large sales area, while brokers represent several different manufacturers in a smaller area.

What does acting on principal mean?

When a Principal is absent for an extended period and not able to fulfill his or her responsibilities as a Principal, it is appropriate that the Principal's allowance be paid to the Vice-Principal who serves as acting Principal.

What is agency by estoppel?

Agency by estoppel is a legal term that refers to someone giving the impression to a layperson that they are an agent of another individual or company. This agency is not officially appointed and the agent by estoppel is not authorized to represent the person or company they purport themselves to be working for.

How do you determine principal and agent?

When another party is involved in providing goods or services to a customer, an entity determines whether the nature of its promise is a performance obligation to provide the specified goods or services itself (the entity is a principal) or to arrange for those goods or services to be provided by the other party (the ...

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