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Section 1
Distinguish seller and buyer representation
Preview
Preview: 2. Law of Agency
Preview includes- 4 of 4 lesson topics
- 1 overview segment
- 3 core concepts
- 2 exam tips
Lesson Topics
- Principal-Client Relationship
- Dual Agency Disclosure & Consent
- Confidential Information Protection
- Understanding Agency Roles in Transactions
Overview
This objective focuses on distinguishing between the roles of a seller’s agent and a buyer’s agent. The core principle is that a seller’s agent represents the seller’s interests exclusively, while a buyer’s agent represents the buyer’s interests. Understanding these distinct roles is crucial.
Core Concepts
- The represented principal controls whose interests the agent advocates.
- Dual agency requires disclosure and informed consent from both parties.
- Confidential information must be protected, regardless of the client's requests.
Exam Tips
- Focus on the agent’s *primary* duty. The agent’s role is defined by the party they represent.
- Dual agency scenarios demand disclosure and consent. Failure to do so creates significant liability.
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Section 2
Government survey system and section math
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Section 3
Income capitalization and investment analysis
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Section 4
Fair housing protected classes
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Section 5
Qualifying the buyer and PITI
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Section 6
Lead-based paint disclosure
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Section 7
Differentiate condominium ownership from cooperative ownership
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Section 8
Understanding the different categories of real estate licensure in New York
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Section 9
Offer
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Section 10
Understanding the role of zoning classifications in land use regulations
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Section 11
Apply consensual dual-agency requirements
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Section 12
Bundle of rights
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Section 13
Net operating income
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Section 14
Market value
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Section 15
Understanding the purpose of taxation in real estate
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Section 16
Apply the first-time-homebuyer IRA exception
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Section 17
Identify the function of the City/Town Council
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Section 18
Distinguish landlord and tenant representation
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Section 19
Understanding the management agreement
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Section 20
Voluntary alienation
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Section 21
Calculate the equity-dividend or cash-on-cash return
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Section 22
Private restrictions
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Section 23
Secondary mortgage market
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Section 24
Distinguish building permits from certificates of occupancy
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Section 25
Apply a seller agent’s fiduciary duties
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Section 26
Simple interest
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Section 27
Metes and bounds
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Section 28
Leverage
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Section 29
Use governing and disclosure documents in condominium transactions
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Section 30
Identify the types of policies available for homeowners in New York
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Section 31
Office Safety Practices
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Section 32
Apply a buyer agent’s fiduciary duties
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Section 33
Understanding the role of a Mortgage Broker in real estate transactions
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Section 34
Apply fair-housing rules to advertising
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Section 35
Fixture analysis
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Section 36
Liquidity and risk
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Section 37
Understanding the education requirements for obtaining licenses
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Section 38
Acceptance
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Section 39
Identify local police-power controls
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Section 40
Promissory note
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Section 41
Apply a seller agent’s duties when dealing with a buyer
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Section 42
Evaluate on-site water and sanitary-waste requirements
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Section 43
Price cost and value
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Section 44
Relate assessed value to market value
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Section 45
Valid deed parties
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Section 46
Apply the main-home gain exclusion
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Section 47
Calculate after-tax cash flow
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Section 48
Apply a buyer agent’s duties when dealing with a seller
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Section 49
Apply New York protected-class coverage
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Section 50
Monuments
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Section 52
Closing Disclosure
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Section 53
Fixed-rate mortgage
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Section 54
Determine who directs a broker’s agent
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Section 55
Evaluate a suspected mold condition
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Section 56
Identify planning-board functions
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Section 57
Skills required of a property manager
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Section 58
Trade fixtures
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Section 59
Recognize steering
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Section 60
Classify commercial and investment property types
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Section 61
Time a seller or landlord agent’s disclosure to a customer
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Section 62
Understanding the duties performed that require licensure
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Section 63
Counteroffer
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Section 64
Apply incentive zoning and clustering
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Section 65
Highest and best use
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Section 66
Calculate real-estate taxes
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Section 67
Fee simple estate
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Section 68
Determine whether property qualifies for Section 1031
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Section 69
Time a listing agent’s disclosure to an owner
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Section 70
Sequence commercial-property cash-flow measures
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Section 71
Apply the mortgagor’s property-protection obligations
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Section 72
Relate structural components to their building functions
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Section 73
Assess a new-development letter of intent
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Section 74
PLSS township
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Section 75
Recognize blockbusting
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Section 76
Time a buyer or tenant agent’s disclosure to the client
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Section 78
Area computation
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Section 79
Life estate
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Section 80
Understanding the regulations and guidelines for advertisements
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Section 81
Maintain agency-disclosure records
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Section 82
Mortgagor and mortgagee
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Section 83
Apply insulation and ventilation concepts
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Section 84
Apply loss and add-on factors
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Section 85
Consideration
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Section 86
Recognize discriminatory misinformation
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Section 87
Route a special-use-permit application to the proper local body
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Section 88
Substitution
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Section 89
Special warranty deed
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Section 90
Recognize reassessment triggers and improper sale-only reassessment
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Section 91
Respond to refusal to sign an agency acknowledgment
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Section 92
Apply deferred-exchange deadlines
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Section 93
Recognize how condominium developers change prices
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Section 94
Distinguish net and gross leases
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Section 95
Understand the basic types of insurance policies available to tenants in New York
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Section 96
PLSS section
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Section 97
Recognize advance consent to dual agency
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Section 98
Apply safe entry and exit practices while working alone
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Section 99
Identifying key differences between a Mortgage Broker and a Mortgage Banker
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Section 100
RESPA kickbacks
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Section 101
Apply a percentage-rent clause
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Section 102
Apply a broker’s fair-housing supervision responsibilities
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Section 103
Distinguish common heating and cooling systems
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Section 104
Identify zoning-board and design-review functions
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Section 105
Recognize advance consent with designated sales agents
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Section 106
Remainder interest
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Section 107
Differences between markets in property management
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Section 108
Apply a commercial use clause
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Section 109
Connect a certificate of occupancy to condominium financing
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Section 110
Understanding the renewal process for licenses
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Section 111
Apply designated-sales-agent roles
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Section 112
Reversion interest
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Section 113
Competent parties
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Section 114
Apply use-variance criteria
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Section 115
Apply a salesperson’s fair-housing responsibilities
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Section 116
Supply and demand
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Section 117
Distinguish taxing jurisdictions and equalization
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Section 118
Apply an attornment clause
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Section 119
Recognize taxable boot in a like-kind exchange
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Section 120
Determine whether RPL 443 applies to the property
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Section 121
Amortization
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Section 122
Evaluate an oil-tank concern
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Section 123
Quarter-section math
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Section 124
Use an estoppel certificate in lease due diligence
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Section 125
Identify dual agency in sales and rentals
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Section 126
Recognize anti-bias decision controls
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Section 127
Township direction
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Section 128
Conduct financial due diligence on a cooperative
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Section 129
Adjustable-rate mortgage
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Section 130
Distinguish plumbing, water, and electrical-system concerns
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Section 131
Distinguish sublease from assignment
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Section 132
Recognize a buyer-agent relationship
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Section 133
Identify building and health review functions
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Section 134
Actual notice
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Section 135
Apply New York salesperson license eligibility requirements
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Section 136
Deed delivery and acceptance
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Section 137
Apply area-variance criteria
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Section 138
Anticipation
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Section 139
Select the initial assessment-protest path
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Section 140
Recognize a listing-agent relationship
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Section 141
Use a qualified intermediary in a deferred exchange
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Section 142
Apply subordination and nondisturbance provisions
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Section 143
Apply the owner-occupied two-family exception narrowly
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Section 144
Chain of title
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Section 145
Obligations to owner
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Section 146
Loan-to-value computation
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Section 147
Recognize who may act as a seller’s agent
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Section 148
Sequence environmental-assessment phases
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Section 149
Distinguish commercial electric-service methods
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Section 150
Range direction
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Section 151
Identify documents needed for a cooperative sale or purchase
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Section 152
Apply senior-housing age and familial-status exceptions
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Section 153
Recognize a tenant-agent relationship
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Section 154
Acreage conversion
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Section 155
Apply a base-year escalation
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Section 156
Determine the factors that influence the amount of insurance needed
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Section 157
Title insurance
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Section 158
Client Meeting Safety
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Section 159
Understanding dual agency disclosure requirements for Mortgage Brokers
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Section 160
Apply restrictions on salesperson compensation
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Section 161
Distinguish a client from a customer
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Section 162
Negative amortization
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Section 163
Respond after a mold condition is confirmed
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Section 164
Lawful object
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Section 165
Apply an operating-expense or tax stop
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Section 166
Identify the zoning board of appeals role
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Section 167
Lot and block
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Section 168
Contribution
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Section 169
Distinguish residential and commercial assessment appeals
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Section 170
Recognize express and implied agency
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Section 171
Select the recovery period for depreciable real property
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Section 172
Respond to discriminatory client instructions
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Section 173
Prepare a purchaser for cooperative board review
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Section 174
Calculate a tenant’s proportionate share
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Section 175
Lien versus encumbrance
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Section 176
Distinguish ratification from estoppel
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Section 177
Discount-point computation
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Section 178
Evaluate a suspected asbestos condition
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Section 179
Distinguish tax assessment from tax collection
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Section 180
Distinguish cease-and-desist lists from nonsolicitation orders
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Section 181
Apply a porter’s-wage escalation clause
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Section 182
Street address
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Section 183
Apply termination of agency
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Section 184
The management field
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Section 185
Apply the broker’s supervision duty
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Section 186
Mutual assent
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Section 187
Choose a path for challenging or enforcing a land-use decision
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Section 188
Conformity
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Section 189
Distinguish fixed-percentage and CPI escalations
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Section 190
Understanding the different types of estates in real property
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Section 191
Apply the independent-contractor written-agreement requirements
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Section 192
Recognize consequences of unpaid real-property taxes
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Section 193
Separate depreciable building basis from land
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Section 194
Analyze cooperative subletting status
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Section 195
Distinguish property underwriting from borrower qualification
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Section 196
Respond to a suspected radon condition
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Section 197
Distinguish unequal amenities from neutral property criteria
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Section 198
Distinguish fee-simple land ownership from a leasehold investment
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Section 199
Recognizing various forms of ownership in real property
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Section 200
Apply substance over form to salesperson classification
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