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MO 48-Hour Salesperson Course Exam Prep: Agency and Contracts

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MO 48-Hour Salesperson Course Exam Prep: Agency and Contracts - Fiduciary ️ A person in whom another's trust and confidence is placed. - Client/principal vs. customer ️ - Client/principal: Person who has agent representation. - Customer: Person related to the transaction who is not represen...

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  • September 1, 2024
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  • MO 48-Hour Salesperson Course Exm Prep: Agency an
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MO 48-Hour Salesperson Course Exam Prep: Agency and
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- Fiduciary ✔️ A person in whom another's trust and confidence is placed.



- Client/principal vs. customer ✔️

- Client/principal: Person who has agent representation.

- Customer: Person related to the transaction who is not represented by the agent.



- Transaction broker ✔️ A licensee acting as a facilitator but not in a representative capacity in a
transaction.



- General agent ✔️ A person who is authorized to act for another (the principal or client) in a range of
matters.



- Special agent ✔️ An agent whose scope of authority is limited to a specific area.



- Limited agent ✔️ One who acts within a very limited scope.



- Universal agent ✔️ A person with unlimited power to act for another, such as a conservator, or one
who holds a broad scope power of attorney.



- Dual agency ✔️ Representing both sides in a real estate transaction. A broker acting as a dual agent
may designate one agent to represent the seller, and another agent to represent the buyer as
designated agents.



- Fiduciary duties (6) ✔️

1. Obedience

2. Loyalty

3. Disclosure

, 4. Confidentiality

5. Accountability

6. Reasonable skill and care



- Agency ✔️ A relationship in which an agent is authorized by a principal to act on the principal's behalf
in certain areas.



- Express vs. Implied agency ✔️

- Express: Created by the express written or oral communication between the parties.

- Implied: Created from the actions of the parties.



- Stigmatized property ✔️ A property that buyers may shy away from for reasons other than physical
defects, such as a property being the site of a murder.



- Shared duties (owed to client and customer) (4) ✔️

1. Disclosure of material facts

2. Reasonable skill and care

3. Honesty and fair dealing

4. Prompt presentation of offers and counter-offers



- Client duties owed to licensee (4) ✔️

1. Compensation

2. Information

3. Indemnification

4. Availability



- Procuring cause ✔️ The initiator in a chain of events that leads to a real estate sale.

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