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Which type of document may not be prepared by a licensed real estate broker

how much do real estate agentsmake

In the United States, licensed real estate brokers play a crucial role in facilitating property transactions. These professionals are responsible for providing expert guidance and ensuring all legal requirements are met during the buying and selling process. However, there are certain documents that a licensed real estate broker may not be authorized to prepare. This article aims to shed light on such documents, providing an expert and informative analysis while remaining easy to understand for readers.


  1. Legal Documents:

    Licensed real estate brokers are not typically authorized to prepare legal documents, as this falls within the domain of attorneys. Legal documents, such as contracts, deeds, and wills, require specialized legal knowledge and expertise. Brokers can certainly guide clients through these documents and explain their implications, but preparation should be left to legal professionals to ensure compliance with state laws and regulations.

  2. Mortgage Documents:

    Although real estate brokers can assist clients in obtaining mortgage financing, they cannot prepare mortgage documents such as loan agreements, promissory notes, or mortgages and trust deeds. These documents involve intricate legal and financial matters, requiring the expertise of lenders and attorneys to ensure accuracy and compliance with lending regulations.

  3. Documents


Expert-Verified Answer. The document which a real estate broker is not legally allowed to prepare is option (c) Lease. A broker is a person or business that stands between a potential investor and a securities exchange.

Which of the following is a broker not responsible for?

A broker is not responsible for the acts of independent contractors.

What are the four types of contracts that may be prepared by a licensed real estate broker?

Real estate licensees are allowed to assist buyers and sellers with the preparation of four types of contracts: listing contracts, buyer brokerage agreements, option contracts, sale and purchase contracts.

What are brokerage documents?

Updated October 29, 2020: A brokerage agreement is a type of contract wherein one party agrees to act as a sales agent of another, who is called the principal.

Which of the following types of practice must be avoided in real estate brokerage practice because they violate antitrust laws?

The statutes protect all parties involved in real estate agreements. Antitrust laws prohibit unscrupulous business practices like bid rigging, monopolies, market allocation, price fixing, tie-in agreements, and group boycotting.

Which element is not required of a valid real estate contract?

Which element is NOT required of a valid real estate contract? The answer is acknowledgment. Real estate contracts must include consideration, be for a legal purpose, and include a meeting of the minds (offer and acceptance). Real estate contracts are not required to be acknowledged to be valid.

What are the requirements of a valid contract include real estate?

  • The contract must be in writing and there must be an offer and an acceptance of said offer.
  • The contract must have mutual assent and legal purpose.
  • The contract must identify all of the parties involved.
  • The contract must identify the subject property.

Frequently Asked Questions

What makes a real estate contract invalid?

Typically, this would apply to children, mentally ill people, or people under the influence of drugs or alcohol. A contract might also be deemed unenforceable if one or both parties misrepresented the facts of the contract, if there is a mistake in the contract, or if the contract violates the law in some way.

What background check do most landlords use?

With Avail, a rental background check typically includes the following three main reports: a credit, criminal, and eviction history report. A credit report: Landlords can request a credit report from TransUnion to view the applicant's credit score, credit utilization, payment history, and account summaries.

Why do background checks cost so much?

Unlike a background screening service that will typically use a single source for things such as criminal records, deep background checks use multiple sources for things like criminal records and in some cases, dozens upon dozens of sources for thoroughness.

What does a cooperation agreement between brokerage firms do?

Through a cooperating broker agreement, the cooperating broker earns a share of the commission paid at the close of the sale. The details of the cooperating broker agreement and the commission distribution depend on the circumstances of the transaction.

What is a cooperating broker in Florida?

A cooperating broker is a real estate agent or broker who works with other agents or brokers in order to sell a property. In most cases, a cooperating broker represents the seller of a property, while the other broker represents the buyer.

What is a reciprocal real estate license in Nevada?

If you're already a licensed real estate agent, The Nevada Real Estate Division may recognize your salesperson or broker status from a different state. This expedited licensing process is called reciprocity, and when used, will cost you less time and money becoming an agent in Nevada.

How do cooperation agreements work?

In short, a cooperation agreement is a contract between two parties who want to enter into a working relationship together. As a result, a partnership and cooperation agreement will often go hand in hand with one another.

What happens when a listing is about to expire?

Since the contract between the agent and seller remains valid, the owner cannot work with another agent until the listing agreement expires. At that time, the seller has the right to relist the property with the same agent or find a new agent or brokerage to represent them.

What does it mean when a listing expires?

Definition of Expired

When a homeowner contracts with an agent to sell a home, the listing agreement has a set expiration date. A listing expires when this expiration date has passed without the property being sold, and without the homeowner renewing the listing contract with the real estate agent.

Which of the following duties are still owed after a listing agreement expires?

Under the National Association of Realtors' code of ethics, your duty to maintain confidentiality survives the expiration of your listing.

Can a buyer back out of a real estate contract in South Carolina?

The buyer may have a right to terminate the Contract if he can not obtain a loan for the purchase of the property. Generally, after finding a home, a prospective buyer will meet with a lender to arrange for a loan on the property.

How do you handle an expired listing?

10 Best Ways to Nurture & Convert Expired Listings
  1. Establish Your Strategy for Approaching Expired Listing Leads.
  2. Call & Email Expired Listing Owners Directly.
  3. Send an Expired Listing Letter.
  4. Create & Automate Drip Marketing Campaigns.
  5. Execute SMS Marketing Campaigns.
  6. Build Trust on Social Media.


How do you prospect expired listings?
Here are 10 of the best ways to get expired listings:
  1. Establish Your Strategy for Approaching Expired Listing Leads.
  2. Call & Email Expired Listing Owners Directly.
  3. Send an Expired Listing Letter.
  4. Create & Automate Drip Marketing Campaigns.
  5. Execute SMS Marketing Campaigns.
  6. Build Trust on Social Media.
Why do listings expire?

Sometimes a seller has a family situation that needs to be resolved or a repair that needs to be made before the house can be sold. An expired listing is a property that has not sold by the end of the period stipulated in the listing contract between the seller and the listing agent.

Are open listings allowed in South Carolina?

However, while the MLS does not accept Net Listings or Open Listings (for the reasons indicated below), Participants are free to accept such listings to be handled outside the MLS. (B) The Service does not accept Net Listings because they are deemed unethical and, in fact are illegal in South Carolina.

Can I cancel and relist on the MLS?

Important: Cancellation of a listing and relisting is only permitted when there has been a substantial change in the price of the property; provided, however, in order to cancel and relist, a price increase must be greater than 5% of the highest price of the listing and a price decrease must be greater than 5% of the

Are expired listings good leads?
Expired listings make for better leads because you already know the homeowner wants to sell. They just weren't able to. In other words, with expired listing leads, you've already narrowed your search by ruling out countless uninterested prospects you'd get through other, more generic lead-generation methods.

What is SC license law 40 57?

SECTION 40-57-20.

Valid licensure requirement for real estate brokers, salesmen and property managers. It is unlawful for an individual to act as a real estate broker, real estate salesman, or real estate property manager or to advertise as such without a valid license issued by the department.

What is the Article 1 of the SC Code of Laws title 27 Chapter 50?

South Carolina Code of Laws Ann., Title 27, Chapter 50, Article 1 requires that an owner of residential real estate (single-family homes and buildings with up to four dwelling units) shall provide to a purchaser this property condition disclosure statement, which must be completed prior to signing a contract of sale.

What is Section 40 57 135 in SC?

SECTION 40-57-135. Duties of broker-in-charge and property manager-in-charge; associated licensees; office locations; policies and recordkeeping; management agreements; unlicensed employees. (8) notify the commission by mail within ten days of any change of office name, address, email address, or telephone number.

How much does the average realtor make in SC?

Real Estate Agent Salary in South Carolina

Annual SalaryHourly Wage
Top Earners$114,671$55
75th Percentile$91,700$44
25th Percentile$59,600$29
What is Chapter 57 of the Code of Laws of South Carolina called?

2022 South Carolina Code of Laws. Title 40 - Professions and Occupations. Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers.

What is the meaning of brokerage in real estate?

So, think of a broker (or brokerage firm) as the umbrella that covers individual real estate agents, like one you'd use to sell your home or help you purchase a property. While a real estate agent handles clients, listings and sales, a broker ensures all transactions are legally compliant.

Which type of document may not be prepared by a licensed real estate broker

What are the activities of a brokerage?

A brokerage provides intermediary services in various areas, e.g., investing, obtaining a loan, or purchasing real estate. A broker is an intermediary who connects a seller and a buyer to facilitate a transaction. Individuals or legal entities can act as brokers.

What is a real estate broker quizlet?

What is a Real Estate Broker? An individual or company licensed by the state to help a seller find a buyer or sometimes help a buyer locate the right property.

Which type of business organization may be registered as a real estate brokerage quizlet?

Which business organization can legally register as a real estate brokerage? Corporation sole and joint ventures cannot register to broker real estate. A general partnership can register with the DBPR to perform brokerage services. An ostensible or quasi-partnership is not a true partnership.

What is an example of a brokerage?

Examples of a full-service broker might include offerings from a company such as Morgan Stanley, Goldman Sachs, or even Bank of America Merrill Lynch. The larger brokerage firms tend to carry an inventory of shares available to their customers for sale.

How long should real estate agents keep records of files for purchase deals that never closed escrow?

The DRE requires that transaction files be retained for three years. This retention period begins as of the date of the closing of the transaction, or if there is no closing from the date of the listing.

What is the SC Code 40 57 10?

S.C. Code § 40-57-10

There is created the South Carolina Real Estate Commission under the administration of the Department of Labor, Licensing and Regulation. The purpose of this commission is to regulate the real estate industry so as to protect the public's interest when involved in real estate transactions.

What is the code 40 57 135 in SC?

SECTION 40-57-135. Duties of broker-in-charge and property manager-in-charge; associated licensees; office locations; policies and recordkeeping; management agreements; unlicensed employees. (8) notify the commission by mail within ten days of any change of office name, address, email address, or telephone number.

How long should you keep documents relating to real estate?

Keep Home Sales Records for as Long as You Own the Property + 3 Years

Home sale closing documents, including closing statementAs long as you own the property + 3 years
Deed to the houseAs long as you own the property
Builder's warranty or service contract for new homeUntil the warranty period ends
How many years must a broker retain all documentation relating to real estate activity?

A licensed broker must retain for three years copies of all listings, deposit receipts, canceled checks, trust account records, and other documents executed by or obtained by the broker in connection with any transaction for which a license is required.

How long must North Carolina brokers retain records of all sales rentals and other transactions?

Three years

The broker shall retain records for three years after all funds held by the broker in connection with the transaction have been disbursed to the proper party or parties or the conclusion of the transaction, whichever occurs later.

How many years must brokers keep bank statements and records for escrow accounts on file in Florida?

Five years

A broker is required to maintain legible records of all transactions, financial records, etc. for a period of five years.

  • How long do you have to keep brokerage records?
    • Your brokerage firm is not required to keep such records indefinitely, so it's smart to hold onto this information yourself for at least three years after you've sold an investment. Copies of your federal and state tax returns going back seven years, along with supporting documentation.

  • Can I use the word realty in my team name?
    • Team names may be used on advertising, but the name cannot use certain specific words or phrases “that would imply a separate entity from the brokerage firm with which the team brokers are licensed,” including “realty,” “real estate,” “realtors,” “company,” and the like.

  • Which word can be used in a team name Florida real estate?
    • Real estate team or group names may include the word "team" or "group" as part of the name. Real estate team or group names shall not include the following words: (a) Agency (b) Associates (c) Brokerage (d) Brokers (e) Company (f) Corporation (g) Corp. (h) Inc.

  • Which words may a real estate team or group names include?
    • A team name must include the surname of at least one member of the team, in conjunction with the words “group,” “team,” or “associates.”

  • Do TREC rules require team names to end in the word?
    • Team names must end with the terms “team” or “group”.

  • Can you use a different name for real estate?
    • On the other hand, using a last name that is not your legal last name is not permitted according to the Real Estate Commission. If a broker wants to use a different last name, he or she should seek to have his or her name changed.

  • What makes a contract legally binding in SC?
    • Hear this out loudPauseSouth Carolina Bench Book for Summary Court Judges - Civil Section. A contract is defined generally as an agreement between two or more persons upon sufficient consideration either to do or not to do a particular act. Stated another way, there must be an offer and an acceptance accompanied by valuable consideration.

  • What two elements must exist for a real estate contract to be considered valid?
    • Hear this out loudPauseThe contract must be in writing and there must be an offer and an acceptance of said offer. In order for a real estate contract to be enforceable by law, it is required to be in writing. 2. The contract must have mutual assent and legal purpose.

  • Can you back out of a real estate contract in South Carolina?
    • Hear this out loudPauseIf the buyer and seller are not able to come to an agreement, the buyer is then able to cancel the contract with the appropriate paperwork and the buyer will only lose their due diligence money.

  • Can you cancel a contract in South Carolina?
    • Hear this out loudPauseIf you want to cancel the purchase contract, you must notify the seller in writing by sending notice via certified mail, return receipt requested, or another verifiable means. The notice of cancellation is considered given on the date postmarked so long as the notice is actually received by the seller. (S.C. Code Ann.

  • What voids a binding contract?
    • Hear this out loudPauseA contract may be deemed void should the terms require one or both parties to participate in an illegal act, or if a party becomes incapable of meeting the terms as set forth, such as in the event of one party's death.

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