19
Laws that Govern Authorized Relationships
Federal and State Regulatory Agencies
Types of Authorized Brokerage Relationships
Changing a Brokerage Relationship
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Chapter 2 Quiz
3 Ethics
............................................................................. 26
History and Purposes of Real Estate License Laws
Introduction .................................................................................................................................... 7
Parties to an Agency
.................................................................................................................. 27
Disclosing an Agency Relationship
Licensure Requirements
Historical Perspective
...................................................................................... 9
............................................................................................ 42
Answers ............................................................................................................ 21
Forming a Brokerage Relationship
Chapter 1 Quiz
.......................................................................................... 40
............................................................................................ 39
16
Real Estate License Categories
TABLE OF CONTENTS
........................................................................................................................... 44
Chapter Quiz
Termination of Agency
Answers ............................................................................................................ 46
18
.......................................................................................... 8
.......................................................................... 31
Chapter 1 Licensing and License Laws
Chapter 1 Quiz
Chapter 2 Types of Agents and Agency Relationships
............................................................... 23
..................................................................... 9
.............................................................................................................. 41
11
Laws Covering Licensing
Becoming a Broker
2
12
................................................................................................................ 25
Chapter and Fiduciary
Duties ........................................................................................ 48
2 | Page Ethics Overview ......................................................................................................................... 49 Common Forms of Dishonesty .................................................................................................. 51 Ethics and Real Estate ............................................................................................................... 53 Fiduciary Duties ......................................................................................................................... 65 Disciplinary Actions ................................................................................................................... 70 Chapter 3 Quiz ........................................................................................................................... 75 Chapter 3 Quiz Answers ............................................................................................................ 77 Chapter 4 Contracts 79 Overview 81 Five Contract Requirements 81 Types of General Contracts 83 Seller Contracts 85 Buyer Contracts ......................................................................................................................... 87 Contract Breaches and Remedies ............................................................................................. 88 Chapter 4 Quiz ........................................................................................................................... 93 Chapter 4 Quiz Answers ............................................................................................................ 95 Chapter 5 Managing the Office................................................................................................... 97 How to Organize a Real Estate Business ................................................................................... 98 Legal Structures for Brokerages ................................................................................................ 98 Real Estate Franchises ............................................................................................................... 99 Brokerage Operations ............................................................................................................... 99 Hiring ....................................................................................................................................... 103 Multiple Listing Service (MLS) ................................................................................................. 107 Reducing Real Estate Liability .................................................................................................. 107
3 | Page Recordkeeping ......................................................................................................................... 108
..................................................................................... 134
.................................................................................................... 137
Chapter 8 How Real Estate is Transferred
Title vs. Deed
........................................................................................................................... 145
Answers .......................................................................................................... 113
Chapter 5 Quiz
Chapter 7 Quiz
Chapter 7 Real Property Ownership and Interests
......................................................................................................................... 138
.......................................................................................... 146
........................................................................................................................ 150
Chapter
8 Quiz ......................................................................................................................... 158
Understanding Legal
8 Quiz Answers .......................................................................................................... 160
............................................................................................... 117
Chapter
Four Forms of Ownership
Types of Deeds
Chapter 6 Quiz Answers
.......................................................................................................... 140
Descriptions .......................................................................................... 155
The Concept of Improved Land
Chapter 7 Quiz Answers
Chapter 6 Quiz
128
............................................................................................................... 116
................................................................................ 142
......................................................................................................................... 111
Four Types of Nonpossessory Estates
................................................................................................ 119
Nine Essential Elements in a Deed
................................................................................................ 115
Future Interests in Property
120
The Concept of Land
The Bundle of Property Rights
........................................................................................................ 136
130
124
Three Types of Possessory Interests
126
Chapter 6 Real Estate Concepts
Limitations to Property Rights
Chapter 5 Quiz
Earnest
10 Representing the Buyer 183
9 Quiz 178
Money Deposits 177
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Buyer Agency
Chapter
Contract ......................................................................................................... 206 Earnest Money Deposits ......................................................................................................... 206 Due Diligence........................................................................................................................... 208 Chapter 10 Quiz ....................................................................................................................... 218 Chapter 10 Quiz Answers ........................................................................................................ 220 Chapter 11 Financing ................................................................................................................ 222 Sources of Financing................................................................................................................ 225
Determining
Determining
the List Price ....................................................................................................... 171 Advertising in Real Estate ........................................................................................................ 174
the Purchase Price.............................................................................................. 192 Negotiating Process ................................................................................................................. 192
Purchase Agreement ........................................................................................ 193 Other Types of Contracts ........................................................................................................ 204 Performance
9 Representing the Seller ............................................................................................ 162 Create Your Agency Relationship ............................................................................................ 163
Preparing the of
Listing Agreement ............................................................................................................ 164 Seller Disclosures ..................................................................................................................... 165 Property Inspection ................................................................................................................. 167
Chapter
Chapter
Chapter
9 Quiz Answers 181
Agreement 185 Finding Properties ................................................................................................................... 186
The
...................................................................................................... 233
Chapter 13 Real Estate Appraisal
The Pieces of the Mortgage Puzzle
Chapter 12 The Closing
Requirements .......................................................................................................... 267
....................................................................................................................... 238
243
14 Property Management .......................................................................................... 284 Property Manager’s Responsibilities ...................................................................................... 285
245
........................................................................................................ 240
Answers ........................................................................................................ 263
Chapter
Preparing the Seller
Key Closing Documents
Licensing
............................................................................................................. 242
Chapter 11 Quiz Answers
247
......................................................................................... 229
Introduction to Real Estate Appraisal
The Principles of
The Secondary Mortgage Market
........................................................................................... 236
..................................................................................... 267
259
Chapter 12 Quiz
Value ............................................................................................................ 270
The Appraisal
Chapter
Getting Paid Your Commission
Types of Real Estate Loans
Chapter 12 Quiz
A Comparative Market Analysis (CMA) vs The Appraisal
..................................................................... 227
Preparing the Buyer
The Closing Process
....................................................................................................................... 261
........................................................ 269
13 Quiz ....................................................................................................................... 280
Chapter
Chapter 11 Quiz
Professionals Involved in Financing Real Estate
Process ............................................................................................................. 273
249
13 Quiz Answers ........................................................................................................ 282
............................................................................................. 265
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6 | Page Landlord and Tenant Rights and Responsibilities ................................................................... 287 Leases and Disclosures ............................................................................................................ 289 Chapter 14 Quiz ....................................................................................................................... 293
Chapter
Chapter
14 Quiz Answers ........................................................................................................ 295
15 South Carolina Specific State Requirements ......................................................... 297 South Carolina ......................................................................................................................... 297 Chapter 16 Practice Test .......................................................................................................... 304 Chapter 16 – Practice Test Answers 325
A common complaint of students is that once they enter the real estate profession, their training did little to prepare them for the reality of being a real estate salesperson. They were stuffed full of book knowledge but knew little of the practical side of the profession. Well, no more. We have worked hard to combine a solid education of the laws governing the real estate profession, but we have also endeavored to teach you the underlying principles behind the laws. We have also taken your education one step further by walking you through the whole buy and sell transaction, both as the listing agent and as the selling agent.
This guide has been designed to help you to pass the exam to obtain your real estate license. But we wanted to do more than just help you pass a test. We want to make sure that you succeed as a real estate agent.
INTRODUCTION
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Now, the real estate exam is going to have two parts. There is the national test which focuses on federal laws and regulations, ethical requirements, real estate concepts, and vocabulary. Then there is the state portion. This section is going to focus on the local licensing authority and their respective commissions and departments. You will also need to know some local law. While it is not practical to include all that information on each state, we have picked the top ten states which are Arizona, California, Colorado, Florida, Illinois, New York, North Carolina, South Carolina, Texas, and Virginia. If you live in one of those states, then you just lucked out with a bonus education. If not, we encourage you to look over these state sections. It will show you what information to look up to learn more about your state’s licensing laws and requirements.Howabout we get started with the basics and take it step by step from there? Good, let’s begin.
After you have completed this course, you be equipped to pass the state exam on the first try. Then once you get your license, you will be more confident as you start to work with a broker. You will know what to expect and how the process works. We will even walk you through how to fill out some of the main forms.
CHAPTER 1 - LICENSING AND LICENSE LAWS
Sales Associate: anyone who holds a real estate license and values, auctions, sells, exchanges, buys, or rents for compensation under the direction, control, or management of a broker or owner/developer. (Also called a real estate agent salesperson.)
Broker: a person or business entity who, with more education than an agent, is licensed as a broker to perform real estate services for others for compensation.
License: a privilege granted by the state to operate as a real estate broker, broker associate, or sales Mutualassociate.Recognition:
Caveat Emptor: “let the buyer beware;” a principle in commerce: without a warranty the buyer takes the Compensation:risk.
Registration: authorization by the state to place an applicant on the register, or record, of officially recognized individuals and businesses.
Broker Associate: a person qualified to be issued a license as a broker but operates as a sales associate in the employ of another. (Also called an associate broker.)
anything of value or a valuable consideration, directly or indirectly paid, promised, or expected to be paid or received.
a transactional agreement between two states that provides for the recognition of each other's real estate license education.
real estate activities involving compensation for performing the activities for Realanother.Property: the interests, benefits, and rights inherent in the ownership of real estate.
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OBJECTIVE: The objective of this chapter is to introduce you to the real estate profession, its laws, and licensing requirements. We will discuss the history of real estate license laws and why they matter. We will also go over the steps needed to become a licensed salesperson.
DEFINITION OF KEY TERMS:
Realtor: (1) a person who acts as an agent for the sale and purchase of buildings and land; a real estate agent; (2) a real estate agent who is a member of the National Association of RealREALTORS®.EstateServices:
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Licensing and regulation of real estate agents are handled at the state level. Every state has a department that licenses and regulates all the businesses and professionals which is under the executive branch of the Governor. These state agencies wield a great deal of power.
CAVEAT EMPTOR
FEDERAL AND STATE REGULATORY AGENCIES
Well, governments saw how this posed a risk to buyers and stepped in to remedy the situation. They created the intermediary sales agent to help protect buyers. Governments created regulations that required sellers to complete mandatory disclosure forms. And they trained licensed agents to work on behalf of the buyer to protect their interests from the seller
CONSUMER PROTECTION
HISTORY AND PURPOSES OF REAL ESTATE LICENSE LAWS
Real estate licensing laws and regulations have been established to help make sure that each licensed agent is trained in their field and upholds a high ethical standard. This has gone a long way to turning the real estate sector into a field of trusted professionals. One primary reason why it was necessary to train and license all real estate agents was Caveat Emptor.
While licensed real estate agents are trained to protect buyers and sellers from each other, it was also necessary to protect the public from unethical and dishonest agents.. Thus, governmental regulatory organizations were set up to oversee and mandate the actions and activities of the real estate profession.
As long as there has been land, there have been people selling the land. As long as there have been people selling the land, there has been cheats, crooks, and con artists. This has given genuine real estate agents a bad rap. They have been thrown into the same category as shady used car salesmen or pushy loan sharks that will do anything to make the sale happen.
When a seller is only focused on selling a property at all costs, you have a situation of Caveat Emptor Caveat Emptor is a Latin expression meaning “let the buyer beware.” It means that the buyer is on his or her own and the seller cannot be relied upon to honestly disclose the true condition of the property.
They can levy fines, administer actions or even suspend or revoke a license.
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STATE REAL ESTATE REGULATORY AGENCIES
WyomingWisconsinWestWashingtonVirginiaVermontUtahTexasTennesseeSouthSouthRhodePennsylvaniaOregonOklahomaOhioIslandCarolinaDakotaVirginia
When you are ready to take your state licensing exam, you will have to know the details about your state regulatory agencies. This will include knowing the names of each agency, individual level of authority, and licensing requirements.
disciplinary
In addition to the state requirements, the Feds have passed a minimum of twenty three federal laws that affect the residential real estate market. You have probably heard of the
KansasIowaIndianaIllinoisIdahoHawaiiGeorgiaFloridaDDelawareConnecticutColoradoCaliforniaArkansasArizonaAlaskaAlabamaistrictofColumbia NorthNewNewNewNewNevadaNebraskaMontanaMissouriMississippiMinnesotaMicMassachusettsMarylandMaineLouisKentuckyianahiganHampshireJerseyMexicoYorkCarolina
North Dakota
Dodd Frank Act or the Fair Housing Act. Well, these are just a few of the legislative acts that you will need to become familiar with. But don’t worry, we’re going to walk you through all the really important ones so you know exactly what you need to do to become a great agent.
There are three levels of licensed real estate agents: the Sales Associate, the Broker, and the Broker Associate.
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SALES ASSOCIATE
A real estate sales associate is anyone who holds a real estate license and values, auctions, sells, exchanges, buys, or rents real estate for compensation. A sales associate must work under the direction of a state licensed broker. Sales associates are also called sales agents.
BROKER
Let’s move on to the three levels of licensing that allows agents to conduct real estate transactions as a matter of business.
A sales associate license is not only limited to individuals; they can include corporations or limited liability companies. A sales associate, however, cannot be registered or licensed as a general partner, member, manager, officer, or director of a brokerage firm.
A real estate broker is anyone who has taken their education beyond the agent level and holds a broker's real estate license and values, auctions, sells, exchanges, buys, or rents real estate for compensation. A real estate broker can be an individual, a partnership, a corporation, a limited liability partnership, or a limited liability company. A broker can also act as a member, officer, general partner or director. A broker must also license each entity or business that is involved in real estate while they, as an individual, are also licensed. A broker can work individually or manage other sales associates or associate brokers.
REAL ESTATE LICENSE CATEGORIES
All applicants must possess the minimum of a high school diploma or a GED equivalent They must also complete and pass the state approved pre license course for either the sales associate or the broker license.
BROKER ASSOCIATE
BROKER: a real estate sales associate is anyone who holds a real estate license and values, auctions, sells, exchanges, buys, or rents real estate for compensation.
REALTOR: a licensed real estate professional who is a member of the National Association of Realtors.
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CONFUSING WORD PAIRS
EXPERIENCE
broker associate can be an individual, a professional corporation, or a limited liability company. Broker associates must also work under a broker like a sales associate. Because of this, a broker associate cannot be registered or licensed as a general partner, member, manager, officer, or director of a brokerage firm.
Some states allow exemptions to this educational requirement if the applicant is already licensed with the state bar association, have taken college courses which are equivalent to the state approved pre license course, or hold a four year degree in real estate.
There are some basic licensure requirements which must be met before the applicant can take the state licensing exam.
Applicants for the sales associate license do not have to have any real estate experience. For a sales associate to advance to a broker’s license, however, she must have at least twenty
The public often uses the terms real estate agent, broker and realtor interchangeably.
All licensees must be at least eighteen (18) years old.
AGE
LICENSURE REQUIREMENTS
A broker associate is anyone who is qualified to be issued a license as a broker, but who operates as a sales associate in the employ of another broker. They are also called associate brokers.A
EDUCATION
four (24) months of real estate experience within a five (5) year period. She must also have been licensed as a sales associate and worked with a broker or governmental agency for at least two (2) years out of the previous five (5)
CHARACTER
All applicants for a real estate license must have a United States Social Security number, but they do not have to be a United States citizen
If a sales agent is licensed but wants to work in another state, she may be able to apply the education and experience acquired in the other state towards obtaining an equivalent license in the new state. This is called mutual recognition. The state will require, however, that the licensee pass their state exam.
The applicant must be honest, truthful, trustworthy, of good character, and have a good reputation for fair dealing.
Once you have completed the educational requirements, there are a few more steps you will need to take before you can become a licensed real estate agent.
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COMPETENCE
MUTUAL RECOGNITION
REGISTRATION AND APPLICATION
After you complete your pre licensure course and pass the course’s final exam, you will be required to submit an application to obtain a real estate salesperson license with the state. The state will require that you meet all the application requirements.
The applicant must also be competent and qualified to manage real estate transactions and be able to conduct negotiations with anyone whom the applicant has a relationship of trust and confidence.
GETTING LICENSED
NATIONALITY
Once you have passed the state exam, the next step is to activate your license. Most states will have you do this online. Your real estate license will not be valid until it has been activated like when you receive a new credit card in the mail.
After your state application is approved, you will need to take and pass the state licensing exam. This is the scariest part of the licensing processed, but don’t worry, we’re going to help you pass the exam on the first try.
ACTIVATE THE LICENSE
Now, once you get licensed, you will need to maintain an active status. There are two levels of an inactive license.
STATE EXAMINATION
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INACTIVE STATUS
A VOLUNTARILY INACTIVE LICENSE is a status given to licensees who are not actively practicing real estate and are not affiliated with a broker. A real estate salesperson cannot perform a real estate transaction unless they are working under the guidance of a broker.
An INVOLUNTARILY INACTIVE LICENSE classification occurs if the license is not renewed at the end of the license period. Usually, this happens when an agent fails to complete their continuing education on time. If too much time passes before you renew your license, you could lose your license altogether and then must go through all the pre licensure education again.
If you want to get your license, but you do not plan on working in the real estate business for a while, you can place your license in the voluntarily inactive status. This must be registered with the state. If you keep up with your continuing education and renewal fees, you will not have to repeat your pre licensure education when you reactivate your license.
Each state will require that their licensees receive continuing education. Some states require a certain number of classroom hours each year, and others will require a cumulative total during the licensure period. You will also have to pay a renewal fee.
• Guilty of Wrong Conduct: If an unlicensed applicant has engaged in and was found guilty of wrong conduct, a license may be denied.
Just because an individual takes the state approved classes and passes the final exam, which is not an absolute guarantee that she can obtain a real estate license. There are some reasons why a license could be denied:
Many real estate wholesalers are unlicensed. Their business is based on the premise that they are selling a contract and not real estate. Many states are cracking down and prosecuting unlicensed wholesalers for practicing real estate without a license.
• Practicing Without a License: If an unlicensed applicant has performed actions or duties of a licensed real estate agent within the past year, the applicant may be denied a license because she illegally worked in the real estate profession.
• Prior License Denied, Revoked or Suspended: If the applicant has been denied registration of a license for real estate or any related profession or the license was revoked or suspended, an applicant may be denied until she meets the state requirements.
CONTINUING EDUCATION
DID YOU KNOW?
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• Under Investigation: If an applicant is under investigation in any state or foreign country, the application will be denied until the investigation is complete, and any disciplinary proceedings have been terminated.
REASONS A LICENSE COULD BE DENIED
• Absenteeism: If the applicant was absent from class more than ten (10) percent of the time then she could be denied.
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• It is illegal to become involved in a real estate transaction when the licensee knows they are not competent or qualified to perform it.
• It is illegal to work as a broker if you only have a sales associate license.
• It is illegal to work as a sales associate or a broker without having a valid and active license.
• It is a license violation if a real estate agent renders an opinion on the salability of the title of a property without first consulting with a licensed attorney.
• It is illegal for a broker to employ a sales associate who is not licensed.
• It is illegal to work in the real estate profession in a way that is fraudulent, deceptive, untrue, or misleading.
• It is illegal for a sales associate to collect money related to a real estate transaction unless it is in the name of the broker or the name of the licensed business.
• It is illegal to share a commission or pay compensation to an unlicensed person for any services that would require that person to have a real estate license. That would include the referral of real estate business, clients, prospects, and customers.
• It is a license violation if an agent fails to report in writing to their state board or department that the licensee has been convicted or found guilty of a crime in any jurisdiction.
• It is a license violation if the real estate agent fails to immediately place in escrow any monies that have been entrusted to the agent while practicing real estate.
LAWS COVERING LICENSING
• It is illegal to attempt to obtain or renew a license by bribery or misrepresentation.
• It is illegal for a broker to operate under an unregistered or unlicensed trade name, partnership, or corporation.
• It is illegal to practice real estate that is beyond what is permitted under their license level.
The real estate division within each state is responsible for creating specific laws and requirements that every licensed real estate agent is subject to follow. Let’s take a moment and review the underlying principles behind these laws.
DISCIPLINARY ACTION
• It is a license violation to exercise influence on a client for financial gain for the licensee or a third party.
If a licensee is found guilty of any of these aforementioned laws and regulations or any other ones that have been set by their state, the licensing authority has the right to deny the renewal of a license; place the license on probation; suspend the license for up to ten (10) years; revoke the license entirely; or even impose a large fine on the licensee. This means that all licensees need to be familiar with all the individual state laws that govern the real estate profession and follow them to the letter.
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If you are planning on making real estate your career, then I would like to encourage you to consider getting your broker’s license. It is going to mean that you will need more experience and more education, but I believe that it is well worth the effort. Let’s go over some of the main reasons why getting your broker’s license is a good business move.
BECOMING A BROKER
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If you get your broker’s license, this also means that you could have other salespersons working underneath you and building up your business. Just as your broker is responsible for you a licensed agent, if you become a broker, you will be liable for the activities of the members of your firm.
The downside is that you will not have a broker to consult with. You will also be one hundred percent (100%) responsible for your own actions. You will not be able to hide behind the skirts of a managing broker.
WHY BECOME A BROKER
The primary reason why you should advance from being a licensed sales agent to becoming a real estate broker is the fact that you can work for yourself. You could throw out a shingle and start your own real estate business. There would be no more split commissions or desk fees. You will run the show.
Another reason is that you will be more recognized as a real estate professional. Brokers have more experience and education. Hence, they are trusted more by the public. You can take on larger clients as well as commercial listings.
SPONSORING BROKER LIABILITY
All in all, I would say that the benefits of getting your broker’s license outweigh the disadvantages. Even if you decide to stay with your original real estate firm, having a broker’s license is still advantageous.
d. All of the above.
CHAPTER 1 QUIZ
4. True or False. All real estate applicants must be United States citizens?
b. Sales Broker, Broker Associate, Sales Agent
2. What are the duties of the state’s real estate department?
Print out this ten question quiz and then select the most appropriate answer from the choices given. The answers are provided on the next page.
c. To administer disciplinary actions.
a. Sales Associate, Broker, Broker Associate
c. Sales Associate, Associate Agent, Broker
5. A license must be at least ______ years old. a. 17 b. 18 c. 21 d. 25
d. Let the agent work hard.
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c. Let the seller be cautious
b. To regulate the profession.
1. What does caveat emptor mean?
a. To license real estate agents.
a. A forewarning to leaders.
b. Let the buyer beware.
3. What are the three levels of real estate licensing?
d. Broker Agent, Sales Agent, Broker
a. True b. False
8. A voluntarily inactive license classification occurs if…
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a. A licensee does not renew their license at the end of the license period.
a. A licensee does not renew their license at the end of the license period.
7. An Involuntary Inactive License classification occurs if…
6. An agreement between two states that provides for the recognition of each other's real estate license education is called _________________________.
c. mutual recognition
b. mutual respect
b. The licensee has not completed their continuing education at the end of the license period.
b. A licensee has not closed on a sale within the past 12 months.
a. license sharing
10. True or False. It is illegal to share a commission or pay compensation to an unlicensed person for any services that would require that person to have a real estate license.
a. True b. False
9. True or False. It is legal to work under a real estate broker if you are not licensed. a. True b. False
d. licensing recognition
c. The agent’s broker has fired the licensed salesperson.
c. The licensee is not affiliated with a broker, developer or real estate company. d. None of the above.
d. The licensee is unemployed.
6. An agreement between two states that provides for the recognition of each other's real estate license education is called _________________________.
3. What are the three levels of real estate licensing?
4. True or False. All real estate applicants must be United States citizens?
c. mutual recognition
b. A licensee does not renew her license at the end of the license period.
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b. Let the buyer beware. This is a Latin based principle in commerce that means without a warranty the buyer takes the risk.
1. What does caveat emptor mean?
a. Sales Associate, Broker, Broker Associate A sales associate can also be called a sales agent.
b. False An applicant must have a social security number but does not have to be a U.S. citizen.
5. A license must be at least ______ years old.
7. An Involuntary Inactive License classification occurs if…
2. What are the duties of the state’s real estate department?
d. All of the above. The duties of the state’s real estate department includes licensing, regulating and administering disciplinary action.
b. 18
8. A voluntarily inactive license classification occurs if…
9. True or False. It is legal to work under a real estate broker if you are not licensed.
c. The licensee is not affiliated with a broker, developer or real estate company.
CHAPTER 1 QUIZ ANSWERS
b. False
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c. True
10. True or False. It is illegal to share a commission or pay compensation to an unlicensed person for any services that would require that person to have a real estate license.
