Real Estate Transaction Agent Examination study materials
Real Estate Transaction Agent Examination study resources

Real Estate Transaction Agent Examination flashcards

Real Estate Transaction Agent Examination · Build recall with a focused review session.

33 cards. Read the term and the definition here. The deck at the top of this page is optional.

Statute of Frauds
A legal rule requiring certain contracts, including real estate purchase agreements and listings in most jurisdictions, to be in writing and signed by the party to be charged to be enforceable.
Procuring Cause
The broker whose efforts initiate an uninterrupted chain of events culminating in the sale; used to resolve commission disputes between cooperating brokers, not to establish agency.
Dual Agency
A brokerage representing both buyer and seller in the same transaction; permitted only with informed written consent of both principals and prohibited if undisclosed.
Tenancy in Common
Co-ownership in which each owner holds a distinct, divisible share with no right of survivorship; shares may be conveyed or devised independently.
Joint Tenancy
Co-ownership with equal undivided interests and right of survivorship; on death of one joint tenant, the interest passes to surviving joint tenants outside probate.
Race-Notice Recording
A recording statute under which a later purchaser prevails only if it records first and takes without notice of prior unrecorded interests; the majority rule in the United States.
Easement Appurtenant
An easement benefiting a dominant parcel and burdening a servient parcel; it runs with the land and transfers automatically with the benefited property.
Marketable Title
Title free from reasonable doubt and from encumbrances a reasonable buyer would object to; distinct from insurable title, which may contain defects an insurer accepts.
Exclusive Right to Sell
A listing in which the broker earns the agreed commission regardless of who procures the buyer, including the seller; the most protective listing for the broker.
Exclusive Agency Listing
A listing in which the broker earns commission if the broker or another broker procures the buyer, but the seller retains the right to sell without paying commission.
Open Listing
A non-exclusive listing permitting the seller to engage multiple brokers; only the broker who procures the buyer earns commission, and the seller may sell directly.
Buyer Broker Agreement
A written agreement establishing the buyer as the broker's principal, defining duties, compensation, term, and agency relationship before property showings.
Counteroffer
A response that changes the terms of an offer; it operates as a rejection terminating the original offer and creates a new offer subject to acceptance.
Contingency
A contract condition that must be satisfied for the contract to proceed; common examples include financing, inspection, appraisal, and sale-of-buyer's-home contingencies.
Earnest Money
A deposit demonstrating buyer good faith and consideration for the contract; its disposition on default is governed by the contract and escrow instructions.
Specific Performance
An equitable remedy compelling a breaching party to perform the contract; frequently granted for unique real property where damages are inadequate.
Liquidated Damages
A contractually fixed sum payable on breach; enforceable only if reasonable and a genuine estimate of anticipated loss, not a penalty.
Lead-Based Paint Disclosure
Federal requirement for sales and leases of pre-1978 housing to disclose known lead hazards and provide the EPA pamphlet and opportunity for inspection.
Agency Disclosure
A written statement identifying whom the licensee represents and the duties owed; typically required at first substantive contact or before an offer.
Material Fact
Information that could affect a reasonable person's decision to buy, sell, or lease; licensees must disclose known material facts to all parties.
Stigmatized Property
Property affected by events such as a death, crime, or alleged haunting that may deter buyers; disclosure duties vary by state statute.
Loan Estimate
A standardized disclosure delivered within three business days of a mortgage application showing estimated interest, payments, closing costs, and loan terms.
Closing Disclosure
A standardized form delivered at least three business days before loan consummation, showing final loan terms and actual closing costs.
RESPA Section 8
Prohibits kickbacks, referral fees, and unearned fee splits among settlement service providers; affiliated business arrangements require disclosure and no required use.
Escrow Trust Account
A segregated account holding client funds such as earnest money; requires accurate ledgers, timely deposits, and monthly reconciliation; commingling is prohibited.
Owner's Title Policy
Title insurance protecting the property owner against covered defects existing at closing; the lender's policy separately protects the lender up to the loan amount.
Proration
Allocation of expenses such as property taxes, rent, and HOA dues between buyer and seller as of the closing date, based on contract terms and local custom.
Commingling
Mixing client funds with personal or brokerage funds in one account; prohibited and a common ground for license discipline.
Confidentiality Duty
A fiduciary obligation not to disclose a principal's confidential information without consent; it survives termination of the agency relationship.
Unauthorized Practice of Law
Providing legal advice or drafting legal documents beyond statutory forms; prohibited for licensees and a ground for discipline.
Fair Housing Act
Federal law prohibiting discrimination in the sale, rental, and financing of housing based on race, color, religion, sex, national origin, familial status, or disability.
Blockbusting
Inducing homeowners to sell by suggesting that members of a protected class are moving into the neighborhood; a prohibited discriminatory practice.
Steering
Directing buyers toward or away from neighborhoods based on protected class characteristics rather than objective criteria; a fair housing violation.