TREC Outline RELE 2201 Law of Agency

Agency Concepts

Disclosure of Agency; relationship between Principal and Agent

What is Agency?  The License Act – Statute & Rules

Roles People Play in Agency Relationships – Client or Customer?

Why Study Agency

Relationship between Principal & Agent

 

Basic Agency Relationships, Disclosure and Duties to the Client

Relationship between Principal & Agent; Authority of Agent

Agency Defined

Authority of Agent

Classifications of Agency

Fiduciary Duties and Responsibilities

Information About Brokerage Services – Disclosure of Representation

 

Duties and Disclosures to Third Parties

Fiduciary and Other Duties of an Agent

Non-Fiduciary Duties

General Duties of Honesty & Fairness

Define Third Party/Obligations to Third Party

Avoiding Disclosure and Misrepresentation Problems

Section 5.008 of the Texas Property Code (Seller’s Disclosure)

Stigmatized Properties

 

Seller Agency

Disclosure of Agency; Listing or Buying Representation Procedures

Listing Agreements

Exclusive Seller Agency

Benefits of Seller Agency Relationships

Sub Agency

Disclosure Issues

 

Buyer Agency

Disclosure of Agency; Listing or Buying Representation Procedures

Buyer Representation Agreement

Deciding to Represent the Buyer

The Creation of Buyer Agency

Benefits of Buyer-Agency Relationships

Written Notification of Compensation to Broker

Buyer’s Broker Disclosures

 

Representing More than One Party in a Transaction: Intermediary Brokerage

Listing or Buying Representation Procedures; Agency Disclosure

The Path from Dual Agency to Intermediary Brokerage

Representation of More than One Party in a Transaction

Intermediary Brokerage

Specialized Intermediary Applications

Intentional versus Unintended Dual Representation

 

Creation and Termination of Agency

Termination of an Agent’s Authority

How and When Agency is Created

How Agency is Terminated

Duties of Agency that Survive Termination

 

Clarifying Agency Relationships

Disclosure of Agency

Disclosure Policy

Understanding a Brokerage Company’s Policy

 

Employment Issues

Employment law

Independent Contractor Agreements

Employment Law

Employment Relationships between Brokers and Principals

Employment and Compensation of Personal Assistants

Relationships between Brokers and Agents

Compensation Issues

 

Agency, Ethics, and the Law

An Agent’s Duties; including fiduciary duties

Distinctions between Law, Ethics, and Morals

Federal and State Law Relating to Conduct

TRELA and Rules of the Commission (Ethics)

Professional Codes of Ethics

Minimum Ethical Standards

 

Deceptive Trade Practices and Consumer Protection Act

Deceptive Trade Practices

Fraud versus Misrepresentation

Deceptive Trade Practices and Consumer Protection

Damages

Defenses

Ethical and Legal Concerns

 

Implementation and Presentation

The Broker Working for/with the Seller

The Broker Working for/with the Buyer

A Practical Guide to Everyday Practice

Other Considerations

Risk Management