Real Estate Principals and Practices

Instructor: Jan E. Beran, Esq.


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3940 Cornhusker Hwy., Suite 200,
Lincoln, Nebraska 68504
Phn: (402) 466-7110
Fax: (402) 466-1950
                                
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| Course Description and Syllabus | Index to Course Materials |

The Principal - Broker Relationship: Agency
Ch. 21 Jacobus

1. 	Agency Law
	a.	Common Law -
		i.	the historical viewpoint - Presumption of employment
		ii.	Common law duties: Fiduciary Responsibilities: COALD
	b.	Statutory Law - the modern trend.
2.	Creation of Agency
	a. 	Created when one person delegates the right to act on the principal's behalf.
		i.	Express through contractual agreement
		ii.	Implied authority arising by custom and behavior.
		iii.	Ostensible authority
		iv.	Ratification.
		v.	Estoppel.
	b.	Termination
	c.	Types of Agency Relationships
		i.	Universal agent:
		ii.	General agent:
		iii.	Special agent:
4.	Modern Statutory Real estate agents:
	a.	Statutory Single Agents.
	b.	Dual Agents.
	c.	Designated.
	d.	Subagents.
5.	Agent's obligations
	a.	Duties towards Clients
	b.	Duties towards Customers
		i.	Disclosure of known facts that materially affect the value
		ii.	Environmental hazards including lead paint
		iii.	Facts:
			(1)	Puffing.
			(2)	Fraud
				(a)	A misrepresentation
				(b)	Representation was known to be false
				(c)	Intended to deceive the hearer
				(d)	Hearer relied on representation
				(e)	Hearer was damaged
			(3)	Negligent misrepresentation
			(4)	Defects
				(a)	Latent.
				(b)	Patent.
				(c)	Sale of properties on an "As Is" basis
			(5)	Stigmatized Properties
6.	Principal's obligations
	a.	To agent.
	b.	To other party honesty and fair dealing

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| Index to Course Materials | Course Description and Syllabus |


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