Welcome
This course is a 4-hour mandatory class on Agency.
Course Title: AGENCY
Instructors: Leslie Clauson and Maia Dooley
Contact Information:
Phone: (228) 354-8585
email: information@msrealtycourses.com
Course Description:
Welcome to the Agency (4-hour) course. This is a mandatory license renewal class.
Fees: Continuing Education is $10 an hour, and this course is $40. No additional material needs to be purchased.
Course Overview:
Throughout this course, you will review essential agency relationships in real estate and explore “what’s new” and the regulatory implications affecting your relationships with clients and customers.
This course aims to refresh your knowledge of Mississippi Real Estate Agency Licence Law and reflect on recent changes and contemporary issues affecting real estate agency nationally.
We think you’ll find this course interesting.
MREC Mandatory CE:
§ 73-35-18. License renewal; continuing education requirements; exemptions; email address
required; rules and regulations.
Each individual applicant for renewal of a license issued by the Mississippi Real Estate Commission shall, on or before the expiration date of his license, or at a time directed by the commission, submit proof of completion of not less than sixteen (16) clock hours of
approved course work to the commission, in addition to any other requirements for renewal. The sixteen (16) clock hours’ course work requirement shall apply to each two- year license renewal, and hours in excess thereof shall not be cumulated or credited for the purposes of subsequent license renewals except as provided in this subsection (1).
What We Will Explore:
- The Basics of Agency and Brokerage
- Improving the Agency Relationship Form
- Agency Level and Quality of Service
- What the 10% of top real estate professionals have in common when working with consumers?
- The Moerhl vs. NAR lawsuit and its outcome
- How rebates from real estate agencies affect commissions and consumers
- Anticompetitive Activities
- Denial of Equal Service
- Mississippi Agency License Laws and Forms
How You’ll Learn:
This is a self-paced online course, although access to classroom instruction is granted one day a month in Biloxi as an alternative. There is no additional charge for classroom or livestream.
Course Materials:
No fancy supplies are necessary! All you need is an open mind, a willingness to learn, and a desire to unleash your creativity. Throughout the course, you’ll have access to instructional videos, inspiring readings, and step-by-step instructions to finish the class.
Equipment Needed for Online Courses:
Computer or Laptop: A reliable computer or laptop with internet access is essential for accessing online course materials and completing assignments.
Internet Connection: A stable (as possible) internet connection is crucial for seamless online learning experiences.
Note-taking Tools: Whether it’s a digital note-taking app, a word processor, or traditional pen and paper, having tools for taking notes is essential for retaining information and staying organized.
Web Browser: Ensure you have access to a web browser compatible with the online learning platform or learning management system (LMS) used by your institution. Popular browsers include Google Chrome, Mozilla Firefox, and Microsoft Edge.
Comfortable Workspace: Set up a comfortable and ergonomic workspace conducive to studying and learning. This may include a desk and chair with proper support, adequate lighting, and minimal distractions.
Backup Power Source (Optional): Consider having a backup power source, such as an uninterruptible power supply (UPS) or power bank, to prevent disruptions in case of power outages or fluctuations.
Registration and Access:
- After registration, a staff member will add you to the course. An email will be sent to you with instructions on how to get started. The course will be protected by the unique assigned password and login information.
- Only one computer with one IP address can be signed in at a time for learner integrity.
Time and Progress Tracking:
- It is recommended that you establish a study schedule and adhere to it to maintain steady progress.
- Monitoring your progress will help you stay on track to meet your learning objectives.
- There is a time tracking device on this site; information included will be your date of first sign-in, the lessons you have completed, the minutes you are online, the quizzes you have taken (with scores) and how many days have passed once the course was started.
Usability:
- This course consists of two modules, each with lessons and quizzes. You will be guided by the “Next buttons.”
- Each lesson has a timer. You cannot proceed until the expected time has passed.
Quiz Scores:
- Each small quiz must be passed with a minimum of 75% correct. You will receive an auto-generated email with a copy of your results.
- If 75% is not achieved, you cannot move forward with the class. You are allowed to retake the quiz immediately. There is a test bank mapped to the lesson objectives. Each objective has at least three questions randomly selected for each quiz attempt.
Technical Issues and Support:
- The school is open Mon. through Fri. from 8:00 am to 4:00 pm.
- Both instructors can resolve technical issues and maintain the site’s operability.
- Updates may happen when you are online. An update has just occurred if the site appears to skip, wink, toggle, or flash for less than a second. The issue is not your computer.
phone: (228) 354-8585
Attendance Policy for Self-Paced Online Course
Welcome to Agency, a self-paced online learning environment designed to facilitate your academic and professional growth. While the course structure allows for flexibility in scheduling your study sessions, consistent engagement is essential for your success. The following attendance policy outlines expectations and guidelines for participation:
- Attendance Expectation: Although this is a self-paced course, regular attendance is strongly encouraged. Consistently engaging with the course material will enhance your understanding and retention of the content
- Flexible Schedule: One of the advantages of a self-paced course is the flexibility it offers. You have the freedom to choose when and where to study, allowing you to balance your academic pursuits with other commitments.
- Communication: Instructors and facilitators are available to provide guidance and support throughout your learning journey. If you encounter any challenges or have questions about the course material, do not hesitate to reach out via the designated communication channels (e.g., discussion forums, email).
Phone: (228) 354-8586
email: information@msrealtycourses.com
- Completion Deadline: It is your responsibility to familiarize yourself with the course timeline and ensure that you meet all deadlines. This course allows students to access their course for 90 days after registration.
By enrolling in this self-paced online course, you acknowledge and agree to adhere to the attendance policy outlined above. Your commitment to active participation and consistent engagement will contribute to a rewarding learning experience and academic success.
Refund Policy:
- Refunds may be given BEFORE a student accesses the course. Service charges and credit card fees are not refunded.
- Refunds aren’t approved after a student has accessed the course.
Website Accessibility
Real Estate Training Institute is committed to providing inclusive and accessible experiences for all individuals.
Everyone should be able to easily access our services and content, regardless of any disabilities or challenges they may face.
Our Commitment:
- Accessibility Standards: We adhere to the Web Content Accessibility Guidelines (WCAG) 2.1, a globally recognized standard for web accessibility. Our website is designed and developed with accessibility in mind, ensuring compatibility with assistive technologies and providing a seamless browsing experience for all users.
- Continuous Improvement: We are dedicated to continuously improving the accessibility of our website. Our team regularly reviews and updates our content and design to incorporate best practices and feedback from our users.
- Alternative Formats: If you require any of our content in an alternative format, don’t hesitate to get in touch with us. We will do our best.
- Get in Touch: If you encounter any accessibility barriers on our website or have suggestions for improvement, we encourage you to contact us. Your feedback is valuable to us as we work to ensure that everyone can enjoy a positive experience on our website.
Thank you for choosing the Real Estate Training Institute.
We appreciate your support as we continue to promote accessibility and inclusivity for all.
Communication Policy
Effective communication is essential for maintaining a productive and supportive learning environment within our school community. This communication policy outlines the principles and procedures governing communication between stakeholders, including students, instructors, and administration.
Principles:
- Transparency: All communication channels will strive to be transparent, providing accurate and timely information.
- Respect: Communication will be conducted with respect.
- Confidentiality: Confidential information will be handled with care and communicated only to authorized individuals.
- Responsiveness: Efforts will be made to respond promptly to inquiries and concerns.
Communication Channels:
- Official Website: The school’s official website (https:www.msrealtycourses.com) will serve as a central hub for announcements, news, policies, and important information. It is regularly updated.
- Email: Email will be used for communication between administration and students.
- Social Media: Official social media channels may be utilized to share announcements, events, and highlights of school activities.
- Phone Calls: Phone calls may be used for urgent matters or to facilitate direct communication.
- Google Classroom: Students may join a Google Classroom set up for continuing education students. There you can communicate with other students.
Roles and Responsibilities:
- Administration: The administration is responsible for overseeing the implementation of the communication policy, ensuring compliance with regulations, and addressing any communication-related issues.
- Students: Students are encouraged to communicate openly with instructors and the administrator regarding academic matters, fostering a culture of trust and collaboration.
- Conclusion: Effective communication is fundamental to the success of our school community. By adhering to the principles outlined in this policy and utilizing appropriate communication channels, we aim to foster a culture of transparency, respect, and collaboration, promoting the well-being and achievement of our community.
Course Outline
1. Real Estate Agency Overview
Welcome
Introduction to Real Estate Operations
Client Relations and Trust Building
Marketing Strategies in Real Estate
Property Transaction Process
Market Analysis in Real Estate
Legal and Regulatory Compliance
Technological Advancements in Real Estate
Challenges Facing Real Estate Agencies
Strategies for Success and Growth
Ten Most Frequently Made Claims Against Real Estate Licensees
Quiz
2. The Agency Relationship
1. Welcome
2. A Comprehensive Strategic Approach 3. The Agency Relationship
4. Four Types of Agency
Buyer Agency
Buyer Agency: Exclusive Representation of Buyer Interests
Seller Agency: Exclusive Representation of Seller Interests
Dual Agency: Representation of Both Buyer and Seller
Designated Agency: Separate Representation Within the Same Firm
Unrepresented Persons: Rights and Responsibilities
5. Duties and Responsibilities of Real Estate Agents
Fiduciary Duties: Loyalty, Obedience, Diligence, Disclosure, Confidentiality
Accountability and Reasonable Skill and Care
Compliance with Legal and Regulatory Requirements
Transparency and Disclosure in Agency Relationships
6. Listing Agreements and Seller Representation
Exclusive Right-to-Sell Listing
Exclusive Agency Listing
Open Listing
Responsibilities of Seller’s Agents in Property Marketing, Negotiation, and
Disclosure
7. Buyer Representation and Buyer Agency
A. Services Provided by Buyer’s Agents
B. Procuring Cause and Compensation for Buyer’s Agents C. Evolution of Buyer Representation Laws and Practices
8. Dual Agency and Designated Agency
A. Legal Implications and Challenges of Dual Agency B. Duties of Dual Agents to Both Parties
C. Benefits and Limitations of Designated Agency
9. Legal Developments and Lawsuits in Real Estate Agency
A. Recent Legal Cases and Court Rulings
B. Implications for Real Estate Practices and Regulations C. Ensuring Compliance and Best Practices
3. Agency Services
1. Introduction
2. Authority of Agency
Delegated Authority: Definitions
Express authority: Definition and characteristics
Implied authority: Assumptions and implications
Apparent authority: Third-party perspectives and legal ramifications
Vicarious Liability: Definition and scope of vicarious liability
Agency by Ratification: Understanding agency by ratification
Termination of Agency
Methods of terminating agency relationships
Mutual agreement and unilateral revocation
Automatic termination and exceptions
4. Improving Agency Disclosure
1. Introduction
Definition of real estate agency
Overview of the roles and responsibilities of real estate agents
Importance of agency disclosures in real estate transactions
2. Consumer Understanding and Challenges
A. Research on consumer comprehension of real estate agency disclosures
3. Barriers to effective communication of agency roles
A. No Disclosure or Awareness of Disclosure
4. Common misconceptions among consumers regarding agent representation
State Laws Not Requiring Timely Disclosure
Complexity on Agent Roles: Consumer Disclosures
Complexity and Diversity of State Agency Laws Defining Agent Roles
Disclosure Forms Long, Legal and/or Poorly presented
Whom the Agent Represents
Possible Switch from Single to Dual Agency or Transaction Brokerage
Acknowledgement that dual; Agents Work with but Represent Either Seller or Buyer
Acknowledgement that assigned agency Designated May Face Conflicts of Interest
5. Criteria of Effective Disclosures
Essential elements of effective agency disclosures
Strategies for simplifying disclosure language and format
Importance of testing the effectiveness of disclosures
6. Improving Real Estate Agency Disclosures
Best practices for presenting disclosures to consumers
Recommendations for industry stakeholders to enhance disclosure
practices
Role of government in improving disclosure requirements and
enforcement
7. Regulatory Compliance and Enforcement
Overview of regulatory agencies responsible for enforcing agency disclosure laws
Penalties for non-compliance with disclosure requirements
Resources available to consumers for reporting violations of disclosure
laws
5. Agency Level and Quality of Service
1. Introduction
Overview of the importance of selecting the right real estate agent.
Understanding the role of real estate agents in buying and selling properties.
Challenges and considerations in the agent selection process.
2. Factors Influencing Agent Selection
Identifying factors important to buyers and sellers in selecting an agent.
Assessing agent experience, professionalism, and expertise.
Understanding the significance of local knowledge and responsiveness.
3. Consumer-Based Ratings and Reviews
Introduction to consumer-based ratings and reviews platforms (e.g., Zillow,
Realtor.com, Yelp).
Analyzing and interpreting agent ratings and reviews.
Identifying potential biases and limitations of consumer reviews.
4. Agents Role in the Process
Consumer Reliance on Agents
Buyers and Sellers involvement
5. Search for an Agent
Past Relationships
Limited Searches
Zillow and Realtor
Home buyer and home seller needs
Navigating real estate agent websites and online platforms.
Searching for agent profiles, listings, and sales experience.
Maximizing the use of online tools for informed decision-making.
4. Disciplinary Actions and Regulatory Considerations
Exploring disciplinary actions taken against real estate agents by state regulators.
Understanding the implications of regulatory issues on agent reliability.
Strategies for verifying agent credentials and compliance with regulations.
5. Effective Communication and Negotiation
Developing communication strategies when interacting with real estate agents
Sales Experience.
6. Value Added for Consumers by the Top 10% Real Estate Professionals
1. Welcome
Role and responsibilities of real estate agents
Importance of agent performance in residential transactions
2. Evaluating Real Estate Agent Performance
Metrics for assessing agent performance
Data analysis techniques in evaluating agent effectiveness
Case studies on top-performing agents
3. Evidence of Negotiation Skills
Principles of negotiation in real estate transactions
Strategies for effective negotiation
Role-playing exercises and simulations
4. Top Performing Agents
Defining Characteristics
Is High Performance persistent?
Does Market Reward Top Performing Agents
5. Market Conditions and Agent Strategies
Understanding different market cycles (hot, cold, balanced)
Adaptation of agent strategies based on market conditions
Case studies on successful agent strategies in varying markets
7. Who is going to pay me?
Lesson 1. Introduction
Overview of the real estate industry
Importance of commissions in real estate transactions
Introduction to lawsuits and antitrust allegations against NAR and real
estate brokerages
2. Background of Commission Lawsuits
A. Overview of the lawsuits against NAR and real estate brokerages
B. Key allegations in the lawsuits
Significance of the legal battles for the real estate industry
A. Rules
1) Impact on competition and pricing
4. Alleged anticompetitive effects
A. Free-Service
B. Influence on commission negotiations
3. Commission-Filter Rules and Practices
Effects on home listings and buyer choices
Allegations of steering and reduced competition
5. Lockbox Policy
Restrictions on access and competition
Implications for non-NAR affiliated brokers
6. Legal Proceedings and Proposed Settlement
Overview of legal proceedings in the commission lawsuits
Analysis of the proposed settlement with NAR
Potential implications of the settlement on the industry
7. Impact on Real Estate Market and Consumers
Potential effects on commission rates and pricing
Implications for real estate agents and brokerages
Considerations for home buyers and sellers
ADDENDUM
The Settlement – MARCH 15, 2024 (Amendment to Lesson)
Update Outline: Lesson 1. Introduction
1. Announcement of the agreement reached by the National Association of REALTORS® (NAR) to resolve nationwide claims brought by home sellers regarding broker commissions.
Lesson 2. Details of the Agreement
Overview of the parties involved in the settlement.
Denial of wrong doing by NAR regarding the Multiple Listing Service (MLS) cooperative compensation model rule.
Financial terms: NAR to pay $418 million over approximately four years.
Lesson 3. Key Achievements
Release of most NAR members and many industry stakeholders from liability. Preservation of consumer choice in cooperative compensation.
Mechanism for certain brokerage entities and MLSs to obtain releases efficiently. 2024 Agency (4 hours). Real Estate Training Institute
3. Examination of Allegations
Commission Concealment
Lesson 4. Exceptions to the Agreement
Exclusion of agents affiliated with HomeServices of America and its related companies. Exclusion of employees of remaining corporate defendants named in the covered cases.
Lesson 5. Additional Provisions of the Agreement
Implementing a new MLS rule prohibiting offers of broker compensation on the MLS. Requirement for MLS participants working with buyers to enter into written agreements with their buyers.
Effective date of these changes: mid-July 2024.
Lesson 6. Statements from NAR Leadership
Nykia Wright, Interim CEO of NAR, emphasizing the benefits of the settlement. Kevin Sears, NAR President, highlighting NAR’s commitment to the future and leading the industry forward.
8. Legislative and Regulatory Restrictions on Competition
Title: Exploring the Impact of Rebate Bans on Real Estate Markets Course Outline:
I. Introduction to Rebate Bans
Definition of rebate bans in the real estate industry
Explanation of their significance for consumers and market competition
Overview of states where rebate bans are currently enforced
II. Understanding the Department of Justice’s Actions
III. Case Study: Kentucky Real Estate Commission Lawsuit
Explanation of the Department of Justice’s role in enforcing antitrust laws
Overview of the civil antitrust lawsuit filed against the Kentucky Real Estate Commission
Discussion on the allegations and implications of the lawsuit
Detailed examination of the lawsuit, including its filing and settlement
Analysis of the impact of the settlement on consumers and market competition
Exploration of the reasons behind the DOJ’s intervention and its significance
9. Denial of Equal Service
VIDEO
I. Introduction to Housing Discrimination
A. Definition and types of housing discrimination
B. Historical context and impact on marginalized communities C. Legal frameworks and protections (e.g., Fair Housing Act)
II. Forms of Housing Discrimination
Disparate Treatment – Refusal of service – Differential treatment based on race, ethnicity, gender, etc.
Disparate Impact – Policies or practices with discriminatory effects – Redlining and lending discrimination
Segregation and Exclusion – Racial steering – Residential segregation patterns
III. Case Studies and Real-world Examples
A. Analysis of recent investigations and studies on housing discrimination B. Examination of discriminatory practices in housing markets
C. Impacts on communities and individuals
IV. Legal and Regulatory Frameworks
A. Overview of fair housing laws and regulations
B. Enforcement mechanisms and agencies (e.g., HUD, state regulators) C. Landmark court cases and precedents
V. Strategies for Combating Housing Discrimination
Advocacy and Community Engagement – Grassroots movements and community organizing – Coalition-building and partnerships
Education and Awareness – Training programs for real estate professionals and housing providers – Public awareness campaigns
Policy Interventions – Advocating for legislative reforms – Implementation of affirmative housing policies
Legal Remedies – Filing complaints and pursuing legal action – Legal aid and support services for victims of discrimination
VI. Role of Stakeholders
A. Governmental agencies and regulatory bodies B. Nonprofit organizations and advocacy groups C. Real estate industry stakeholders
D. Community members and residents
VII. Conclusion: Advancing Fair Housing Principles
A. Reflection on course themes and key learnings
B. Call to action for promoting fair housing practices
C. Commitment to ongoing advocacy and social justice efforts
MISSISSIPPI SPECIFIC
10. Mississippi Real Estate Commission
1: Introduction to Real Estate
Overview of the real estate industry
Role and duties of real estate professionals
History and development of real estate in Mississippi
Estate Law and Regulations
Laws governing real estate transactions in Mississippi Regulatory framework and enforcement mechanisms Ethical standards and professional conduct
Estate Principles and Practices
Property types and classifications
Legal descriptions and deeds
Agency relationships and duties to clients
Estate Transactions
Listing agreements and buyer representation Contract negotiation and drafting Disclosures, contingencies, and inspections
5: Marketing and Advertising
Marketing strategies for real estate professionals
Advertising regulations and fair housing practices
Digital marketing techniques and social media platforms
6: Property Valuation and Financing
Principles of property valuation
Mortgage financing options and loan processes
Appraisal methods and techniques
7: Closing Procedures
Closing process and documentation
Escrow procedures and title insurance
Post-closing responsibilities and follow-up
11. Inside the Agency
I. Lesson Overview
Introduction to Mississippi Real Estate Brokerage
Importance of understanding state regulations and ethics
II. Fundamentals of Real Estate Practice
Role of responsible brokers and affiliated licensees
Supervision requirements and ethical considerations
Mississippi Real Estate License Law overview
III. Cooperating Broker Agreements
Cooperation with out-of-state brokers
Commission division and listing control
Sign placement and advertising requirements D. Consequences for non-compliance
IV. Office Management and Branch Offices
A. Requirements for responsible broker’s office B. Licensing and management of branch offices
V. Broker Responsibilities for Salespersons
A. Accountability and oversight of licensee actions
VI. Payment Practices and Compensation
A. Restrictions on payments to unlicensed individuals B. Compensation for inactive or
transferred licensees
VII. Compliance with Mississippi Real Estate Commission
Communication and response requirements
Consequences for non-compliance with regulations
VIII. Broker Price Opinion (BPO)
A. Authorization and standards for providing price opinions B. Distinction between price
opinions and appraisals
IX. Documentation of Offers
A. Requirements for documenting offer acceptance or rejection
B. Providing copies of
documents upon request X. Selling Own Property
A. Limitations and consequences for licensees selling their own property
12. Working with a Real Estate Broker
1: Introduction to Real Estate Agency Relationships
Overview of agency relationships in real estate transactions
Importance of understanding agency roles for consumers
Introduction to the Agency Disclosure Form
2: Seller’s Agent
Role and responsibilities of a seller’s agent
Fiduciary duties owed to the seller
Duty of honesty and fair dealing to both parties
3: Buyer’s Agent
Role and responsibilities of a buyer’s agent
Fiduciary duties owed to the buyer
Duty of honesty and fair dealing to both parties
4: Disclosed Dual Agent
Understanding disclosed dual agency
Responsibilities of a disclosed dual agent
Limitations on disclosure and loyalty
5: Property Condition Disclosure Statement (PCDS)
Historical obligations of agents regarding PCDS
Changes in responsibilities as of March 14, 2023
Implications for real estate transactions
6: Unrepresented “Customer”
Definition of a customer in real estate transactions
Working with a seller’s agent as a customer
Importance of seeking independent advice
7: Disclosure Acknowledgment Form
Purpose and significance of the Disclosure Form
Client options for representation (client vs. customer)
Instructions for completing and signing the form
13. Agency Relationship Disclosure
I. Introduction to Agency Relationships
Definition of agency
Fiduciary responsibilities of agents
Importance of disclosure in real estate transactions
II. Types of Agency Relationships
Single agency vs. disclosed dual agency
Roles and obligations of brokers, agents, clients, and customers
III. Disclosure Requirements
Written disclosure requirements for single agency relationships
Informed consent for disclosed dual agency
Handling disclosure when parties are unavailable
Importance of confirming disclosure in writing
IV. First Substantive Meeting
Understanding the significance of the first substantive meeting Requirements for buyer’s agents and seller’s agents Exemptions and exceptions to the first substantive meeting requirement
Estate Teams and Groups
Definition and purpose of real estate teams
Requirements for forming and operating real estate teams in Mississippi
Advertising guidelines for real estate teams
VI. Compliance and Documentation
Understanding the importance of compliance with agency disclosure rules
Handling situations where parties decline to acknowledge receipt of disclosure forms
14. Dual Agency Agreement
I. Introduction to Dual Agency Representation
A. Definition of disclosed dual agency
B. Explanation of licensee representing both buyer and seller C. Importance of written consent from both parties
II. Responsibilities of Disclosed Dual Agent
A. Representation without detriment to either party’s interests B. Fiduciary duties to both seller and buyer
C. Exceptions to duties of full disclosure and undivided loyalty
III. Limitations on Disclosed Dual Agent
A. Restrictions on disclosing certain information
B. Requirements for written instructions from respective parties C. Consent requirement from both seller and buyer
IV. Dual Agency Confirmation Form
A. Description of the form as an addendum to the Offer to Purchase B. Explanation of the information provided in the form
C. Significance of informed consent from seller and buyer
15. PCDS in Agency
1: Introduction to Real Estate Disclosure Laws
2: Key Provisions of Senate Bill 2647
A. Detailed analysis of Senate Bill 2647
B. Changes to liability for real estate licensees C. Revision of disclosure requirements
D. Implications for sellers, buyers, and licensees
3: Disclosure Requirements and Compliance
Types of information required for disclosure
Identification of reliable sources for property information
Compliance requirements for real estate licensees
Best practices for ensuring compliance with disclosure laws
4: Noncompliance and Legal Implications
Consequences of noncompliance with disclosure laws
Understanding material vs. non-material facts
Legal implications for property owners and real estate licensees
5: Recent Amendments and Updates
Overview of recent amendments to disclosure laws Changes in disclosure requirements and liabilities Effective date and implementation of amendments Impact on real estate transactions in Mississippi
Practices and Recommendations
Strategies for effective disclosure management
Role of real estate professionals in facilitating disclosure
Tips for sellers and buyers in navigating disclosure requirements Ethical considerations and professional responsibilities
Lesson Objectives
Agency (4 hours)
Real Estate Agency Overview
- Gain an overview understanding of the processes involved in buying, selling, and leasing properties, negotiation strategies, and transaction management.
The Agency Relationship (2024)
- Gain a comprehensive understanding of the agency relationship in real estate and its legal and ethical implications.
Real Estate Brokerage Basics
- Define the roles and responsibilities of real estate agents and brokers in the industry.
- Describe the services provided by brokers to support agents and facilitate transactions.
Agency Services
- Understand the fundamental principles of agency law by Identifying and differentiating between express, implied, and apparent authority, vicarious liability, and its implications for principals, agency by ratification, and terminating agency relationship.
Improving Agency Disclosure
- Students will identify the essential elements of effective agency disclosures, recognizing strategies for simplifying language and format to enhance consumer comprehension.
Agency Level and Quality of Service
- Identify and prioritize factors important to both buyers and sellers when choosing a real estate agent.
- Interpret consumer-based ratings and reviews to gauge agent quality of service.
- Learn about the credibility and reliability of consumer reviews while considering potential biases and limitations.
Value Added for Consumers by the top 10% Real Estate Professionals
- Learn to assess and analyze various metrics used to evaluate real estate agent performance, including sales volume, listing success rate, negotiation effectiveness, and client satisfaction.
- Explore the impact of different market conditions (e.g., hot, cold, balanced) on real estate agent strategies and client outcomes and develop the ability to adapt and thrive in various market environments.
Who is going to pay me?
- Analyze the specific allegations brought forth in the lawsuit against the National Association of Realtors (NAR), including the impact of NAR’s rules and policies on competition among real estate brokers.
- Evaluate the implications of NAR’s Commission-Concealment Rules, Free-Service Rule, Commission-Filter Rules and Practices, and Lockbox Policy on competition, pricing, and service quality in the real estate sector.
- Examine the concept of steering in the context of real estate transactions and its potential effects on consumer choice and welfare.
Anti-Competitive Activities
- Evaluate the legality of competitor collaborations based on antitrust guidelines and enforcement precedents.
- Understand the concept of antitrust safety zones and the criteria for qualifying for such zones, as well as the limitations and exceptions to their applicability in competitor collaborations.
- Identify common violations of the Sherman Antitrust Act, such as price fixing, bid rigging, and market allocation
Legislative and Regulatory Restrictions
- Explore the impact of rebate bans on consumer choice, pricing, and services in the real estate market.
- Evaluate the benefits of removing rebate bans and other restrictions on competition for consumers and market efficiency.
Denial of Equal Service
- Understand the concept of housing discrimination, including its various forms, historical roots, and societal impacts.
- Examine the role of governmental agencies, advocacy groups, and community initiatives in addressing housing discrimination.
Mississippi Real Estate Commission
- Understand the role and responsibilities of real estate professionals in Mississippi and laws, regulations and ethical standards.
- Inside the Agency
- Understand the role and responsibilities of responsible brokers and affiliated licensees in Mississippi real estate brokerage.
- Gain knowledge of office management requirements for responsible brokers, including branch office licensing.
Working with a Real Estate Broker
- Understand the Different Types of Real Estate Agency Relationships:
- Recognize the Rights and Responsibilities of Clients and Customers:
Agency Relationship
- Understand the role and responsibilities of responsible brokers and affiliated licensees in Mississippi real estate brokerage.
- Gain knowledge of office management requirements for responsible brokers, including branch office licensing.
Dual Agency Agreement
- Review the concept of disclosed dual agency representation in real estate transactions.
- Identify the roles and responsibilities of a disclosed dual agent in Mississippi.
PCDS in Agency
- Demonstrate understanding of key provisions of Senate Bill 2647 and other relevant disclosure laws.
- Review compliance requirements and best practices for real estate licensees in Mississippi.
Assessment Information: Agency (4 hours)
Quiz Scores:
- Each small quiz must be passed with a minimum of 75% correct. You will receive an auto-generated email with a copy of your results.
- If 75% is not achieved, you cannot move forward with the class. You are allowed to retake the quiz immediately. There is a test bank mapped to the lesson objectives. Each objective has at least three questions randomly selected for each quiz attempt.
Questions are in multiple-choice format.
There are 41 multiple choice questions.
Progress Tracking:
Your progress will be tracked through the course platform. It is recommended that you establish a study schedule and adhere to it to maintain steady progress. Regularly monitoring your progress will help you stay on track to meet your learning objectives.
Example of Quiz Monitoring
You have taken the following quizzes:
Underwriting: Learn (Ten Questions) – 80% Statistics (edit) (remove)
Score 8 out of 10 question(s) . Points: 8/10 on September 16, 2023 9:24 am #
Government Rights and Controls in Land: Quiz (5 random questions) – 100% Statistics (edit) (remove)
Score 5 out of 5 question(s) . Points: 5/5 on September 15, 2023 1:19 pm #
Government Rights and Controls in Land: Quiz (5 random questions) – 80% Statistics (edit) (remove)
Score 4 out of 5 question(s) . Points: 4/5 on September 15, 2023 1:15 pm #
Government Rights and Controls in Land: Quiz (5 random questions) – 80% Statistics (edit) (remove)
Score 4 out of 5 question(s) . Points: 4/5 on September 15, 2023 1:09 pm #
Government Rights and Controls in Land: Quiz (5 random questions) – 80% Statistics (edit) (remove)
Score 4 out of 5 question(s) . Points: 4/5 on September 15, 2023 1:03 pm #
Private Controls: Learn (Five Random Questions) – 80% Statistics (edit) (remove)
Score 4 out of 5 question(s) . Points: 4/5 on September 15, 2023 12:52 pm #
Land Characteristics and Legal Descriptions: Learn ( Ten Random Questions) – 100% Statistics (edit) (remove)
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Land Characteristics and Legal Descriptions: Learn ( Ten Random Questions) – 70% Statistics (edit) (remove)
Score 7 out of 10 question(s) . Points: 7/10 on September 15, 2023 12:37 pm #
Land Measurement and Legal Descriptions (5 random questions) – 100% Statistics (edit) (remove)
Score 5 out of 5 question(s) . Points: 5/5 on September 15, 2023 12:26 pm #
Land Measurement and Legal Descriptions (5 random questions) – 80% Statistics (edit) (remove)
Score 4 out of 5 question(s) . Points: 4/5 on September 15, 2023 12:23 pm #
Verification of Learner Identity
Purpose & Scope
Compliance of learner identity verification for assessment of significant exams within a face-to-face, livestream, blended, and online setting in the Real Estate Training Institute’s Learning Management System (LMS) requires Learner Identity Verification.
Policy
The Real Estate Training Institute Verification of Learner Identity (VSI) policy applies to all credit-bearing face-to-face, livestream, blended, and online education programs and courses. Learners receive a password as a secure single-source login to access RETI systems. Learners must use the standard set of rules to create secure passwords.
Learners must keep their login credentials and ID card secure and not share this information with anyone.
The Real Estate Training Institute requires all users to “Protect user identification, password information, and system from unauthorized use” prohibiting unauthorized use of another user’s account including account sharing.
Learners must abide by Real Estate Training Institute Policies related to Academics, Academic Integrity, and Technology Utilization as possible sanctions may occur for all policies violations. Therefore, learners must provide accurate and verifiable information related to their identity throughout their time at the Real Estate Training Institute.
Faculty teaching Livestream and online courses are required to verify learner identity for significant exams.
Livestream, Blended and Online Education – Includes one or more of the following synchronous or asynchronous education technology delivery systems:
- Internet/IP based video conferencing and/or web-based video conferencing
- One-way and two-way transmissions through the ZOOM platform
- Telephone, audio, or video conferencing
- Online learning within the RETI LMS
- External commercial course instruction and evaluation systems used in conjunction with any of the other technologies herein listed
Information
For questions, please contact Real Estate Training Institute
EMAIL: information@msrealtycourses.com and/or by PHONE: 228-354-8585.
Honesty and Integrity Policy
The definition of Cheating;
is unauthorized collaboration, copying during exams, using unauthorized aids, falsification of data, and any other form of academic dishonesty.
Consequences:
Penalties for cheating include failing grades for assignments or exams, failing the course, academic probation, suspension, or expulsion from the institution.
Appeals Process:
Students may appeal a “cheating” decision in writing.
Preventive Measures:
Don’t share your login information with anyone. Each account can only be signed on by one computer at a time.
Support Services:
We support students who may be struggling academically and feel pressured to cheat. Don’t hesitate to get in touch with the school.
Updates and Revisions:
This policy will be periodically reviewed and updated to address any emerging issues or changes in academic practices, ensuring it remains relevant and effective.
Agency (4 hours) Links
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1. Real Estate Agency Overview (2024) | ● NAR ● hud.gov |
2. The Agency Relationship (2024) | RESOURCES ● NAR ● hud.gov |
the Top 10% Real Estate Professionals (2024) | |
7. Who is Going To Pay Me? Buyer or Seller? (2024) | ● NAR’s “Commission-Concealment Rules” ● Section 1 of the Sherman Act, 15 U.S.C. § ● NAR’s “Commission-Concealment Rules” ● 19-332 – Sitzer et al v. National Association of Realtors et al ● GovInfo (.gov) ● https://www.govinfo.gov › app › details › USCOURTS-… |
8. Legislative and Regulatory Restrictions on Competition (2024) | ● DOJ ● JUSTICE DEPARTMENT SUES KENTUCKY REAL ESTATE COMMISSION FOR LIMITING COMPETITION AMONG REAL ESTATE BROKERS |
9. Denial of Equal Service | |
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10. Mississippi Real Estate Commission | ● website |
11. Inside the Agency |
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12. Working with a Real Estate Broker |
● **NEW** WORKING WITH A BROKER FORM (Fillable-Legal size-06-05-2023 .pdf) ● **NEW** WORKING WITH A BROKER FORM (Fillable-Letter size-06-05-2023.pdf) ● info@mrec.state.ms.us – General Information Email | |||
| ce@mrec.state.ms.us – Continuing Education Email | |||
| insurance@mrec.state.ms.us – E & O Email | |||
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13. Agency | ||||
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| ● General Information Email | |||
| ● info@mrec.state.ms.us – General Information Email | |||
| ● ce@mrec.state.ms.us – Continuing Education Email | |||
| ● insurance@mrec.state.ms.us – E & O Email – | |||
| ● Continuing Education Email | |||
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| ● – E & O Email | |||
14. Dual Agency Agreement | ● info@mrec.state.ms.us – General Information Email ce@mrec.state.ms.us – Continuing Education Email insurance@mrec.state.ms.us – E & O Email | |||
15. PCDS in Agency (2024) | ● **NEW** PROPERTY CONDITION DISCLOSURE STATEMENT (PCDS) ● ***SUPPLEMENTAL FORMS FOR PCDS (Fillable-Legal size .pdf)*** ● **NEW** PROPERTY CONDITION DISCLOSURE STATEMENT (PCDS) ● ***SUPPLEMENTAL FORMS FOR PCDS (Fillable-Letter size .pdf)*** | |||
Non-discrimination Policy
The Real Estate Training Institute will not engage in discrimination or harassment against any person because of race, color, religion, sex, national origin, ancestry, age, genetic information, marital status, disability, financial status, or sexual orientation, including gender identity.
The Real Estate Training Institute is committed to academic freedom, equality of opportunity and human dignity.
Contact Information:
Phone: (228) 354-8585
email: information@msrealtycourses.com