Chapter 9 Ministerial Acts Flashcards

Chapter 9 Ministerial Acts Flashcards

Ministerial acts include:- Setting a appointment to view a property

A licensee should also give a non-agency disclosure to a

consumer whenever:

• That licensee has any interest in the particular property

A licensee must always remember the difference of levels

of:

• Interaction that is permitted with customers versus clients

Ministerial acts include:- Describing a property or the property's condition in

response to a consumers question Buyer Jane has stopped by your office to pick up a copy of a roof warranty that was given to you by your client. Buyer Jane is not your client. Are you allowed to provide this information?

• Yes, you are providing factual information to a consumer

on a offer or contract to purchase on behalf of your client In addition to ministerial acts performed by the licensee:- Non-licensed support staff can perform clerical services in the brokerage A licensee needs to make sure that tasks performed by

non-licensed team members do not:

• Exceed the level of permissible non-licensed activities

When a licensee is performing ministerial acts for a

consumer, he or she must:

• Provide a written notice to the consumer that he or she is

NOT being represented- Provide a non-agency disclosure to prevent disclosure of confidential information from a customer Which of the following actions are not acceptable in the performance of ministerial acts?

• Showing your own personal home to a potential buyer

client Some actions that rise to the level of discretionary acts in

the business of real estate are:

• Conducting a comparative market analysis for a client or

potential client- Reviewing sale contracts with clients- Providing pricing information to a buyer client- Providing guidance for a counteroffer- Responding to a clients request for information regarding zoning laws The execution of discretionary acts is performed: - At a higher level than ministerial acts and are performed for clients Discretionary acts require the use of:- Decision making, judgement, and problem-solving skills Agent Bob frequently asks for clerical support when completing sales contracts. Does this rise to the level of discretionary acts on the part of office personnel?

• No. Acting in a supporting role in the preparation of real

estate form contracts is a permissible non-licensed activity What is the best way to avoid the misunderstanding of representation when responding to a customers request?

• Provide a non-agency disclosure

Ministerial acts include:- Showing a client through a property being sold by a owner on his or her own behalf (FSBO property)

Ministeral acts include:- Responding to phone calls by consumers about the

availability and pricing of brokerage services

Ministerial acts include:- Responding to questions of consumers walking into a

licensees office concerning brokerage services offered or particular properties

A general guideline is to remember that a licensee is

permitted to provide:

• Non-agent (ministerial) acts for a customer, but acts that

require discretionary skills must be reserved for clients

Ministerial acts include:- Responding to phone inquiries from a consumer

regarding the price or location of a listed property Ministerial acts include:- Showing one of your listings when the seller has said no to a dual agency agreement

Ministerial acts include:- Attending a open house and answering consumers

questions about the property

Ministerial acts include:- Referring a consumer to another broker or service

provider If a licensee is performing ministerial acts for a consumer,

he or she must:

• Give written notice to thel consumer that he or she is NOT

being represented, stating that the licensee is only performing ministerial acts

Ministerial acts include:- Showing your own personal home to a potential buyer

Ministerial acts include:- Going along with a appraiser, inspector, contractor, or similar third party on a visit to a property Ministerial acts means: and- Those acts that a licensee may perform for a consumer that are informative or clerical in nature and do not rise to the level of active representation on behalf of a consumerw g If a licensee is performing ministerial acts for a consumer,

he or she must:

• Give the NON-AGENCY DISCLOSURE to the consumer

"at a time intended to prevent disclosure of confidential information from a customer to a licensee, but in no event later than the preparation of a offer to purchase or lease real property Support staff duties include:- Providing real estate statistics and information on property- Providing information from pre-printed real estate form contracts, leases, and related exhibits- Act as a scribe in the preparation of real estate form contracts, leases, and related exhibits- Contact architects, engineers, surveyors, inspectors, lenders, and other professionals A licensee needs to be cognizant or aware of the role and

limits of work efforts so as not to:

• Violate real estate statutes by requesting support staff to

perform services that require a real estate license