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AGPGC BROKERAGE POLICIES

LESSONS: 1

•AGPGC Properties prohibits and identifies as cause for disciplinary action certain misplaced loyalties, such as:

•1. Agent conduct that constitutes dishonesty dealings, bad faith, or untrustworthiness.

•2. The offering of real property for sale or lease without the knowledge and consent of the owner, or on terms other than those authorized by the owner or the agent.

•3. Accepting, receiving, or charging an undisclosed commission rebate or making a direct profit on expenditures made for the principal

•4. Failing to make clear to all parties to a transaction which party the agent is acting fro, or receiving compensation from more than one party, except with the full knowledge and consent of all parties.

•Reasonable Care: This real estate agent duty implies competence and expertise on the part of the agent. Agents must disclose all knowledge and material facts concerning a property to their principal. Also, the agent must not become a party to any fraud or misrepresentation likely to effect the sound judgment of the principal. Since it is virtually impossible to predict what may be considered a material facts, it is important that agents disclose everything they know about a property or transaction. The agent has the duty to have current information about current market conditions, financing, and legal issues, and to advise the client to seek the advice of experts.

•A) That the primary duty of the real estate agent is to represent the interest of his client and his position in this respect, should be clear to all parties concerned in a real estate transaction; that however, the agent, in performing his duties to his client, shall treat other parties to a transaction fairly,

•(B) That the real estate agent be faithful and observant to the trust placed in him, and be scrupulous and meticulous in performing his functions.

•(C) That the real estate agent place no personal interest above that of his client.

•(D) Accounting. For the purpose of holding Clients and Customer money, Agent should maintain a trust account or deposit the money with an escrow officer or Broker. All money received by a broker as agent for a principal are to be promptly deposited in this account or in the trust account of the attorney, escrow, or the company handling the transaction.

(E) A broker who places money belonging to a client or customer in his or her own account has engaged in what is called COMMINGLING. This practice is grounds for suspension or revocation of association with the agent or license revoked.

POWER / AUTHORITY

•The most important control AGPGC and the state authority of which AGPGC Properties committed to that which these entities have over real estate members that violates these rules. This provision simply clarifies that one act is just as actionable as a pattern of continuous violations.

Ground for Suspension and Revocation:

•AGPGC Properties can de-associate or suspend members practicing under as licensee who:

•1. Is fund guilty of a felony involving fraud, even if the licensee has been granted probation.

•2. Make a fraudulent or material misrepresentation of fact on the license application

•3. Failing to make fraudulent or material misrepresentation of fact in dealing with his or her own property

•4. Failing to account for the funds of others or commingling those funds with the real estate agent own funds.

•5. Accepting undisclosed commissions or making undisclosed profits on expenditures made for a principal.

•6. Not disclosing the real estate agent association affiliation as a real estate agent when acting as a principal in a transaction.

•7. Placing a “For Sale” or “For Lease” sign on a property, or offering a property for sale or lease, without the owner’s written consent

•8. Attempting to induce a party to break a real estate contract

•9. Submitting an inaccurate statement of account or invoice

•10. Discriminating against anyone in a real estate transaction on the basis of ethnicity and  religion.

•11, Acting dishonestly, in bad faith, negligently, or incompetently in a real estate transaction.

•12. Failing to advise a buyer in writing to either have the abstract examined by an attorney or obtain title insurance.

1 Lesson