COURSE TITLE:
RELE 2201-271 LAW OF AGENCY
SEMESTER/YEAR:
FALL SEMESTER 2013
COURSE DATES:
1st Eight Weeks – Fast Track
INSTRUCTOR:
Al Sechrist
OFFICE LOCATION:
SPC Lubbock, ATC 3201 Ave Q, Room 157
OFFICE HOURS:
Tuesday, Thursday 1:00–2:00 PM and 3:30–5:30 PM
Monday, Wednesday 3:00-5:30 PM
email ADDRESS:
asechrist@southplainscollege.edu
OFFICE PHONE:
716-4653
COURSE
DESCRIPTION:
This course is a study of law of agency, including principal-agent and masterservant relationships, the authority of an agent, the termination of an agent's
authority, the fiduciary and other duties of an agent, employment law,
deceptive trade practices, listing or buying representation procedures, and
disclosure of an agency.
COURSE GOALS:
The student will identify reasons for suspension or revocation of a real estate
license; illustrate ways in which agency relationships can be created and
terminated; and describe the fiduciary relationship that exists between an
agent and his principal. The student will discuss the Deceptive Trade
Practices Act as it affects the real estate agent and the duties and
obligations of the client, customer, and agent, distinguish between dual
agency and intermediary relationships, and explain the mandatory Sellers
Disclosure of Property Condition form.
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GENERAL INFORMATION
I.
TEXTS AND OTHER MATERIALS
Peoples, Donna K. TEXAS REAL ESTATE AGENCY, Seventh Edition . (2012). Chicago:
Real Estate Education Company. ISBN # 9781427738257
II.
ATTENDANCE POLICY
Punctual and regular class attendance is required. Whenever absences become excessive
and, in the instructor's opinion, minimum course objectives cannot be met due to absences,
the student will be withdrawn from the course. No student will receive credit for the course if
he/she does not attend a minimum of two-thirds of the total class time. When an unavoidable
reason for a class absence arises, the instructor may permit the student to make up work
missed. In such case it is the student's responsibility to complete work missed within a
reasonable period of time as determined by the instructor.
RELE 2201 Law of Agency
III.
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EXAMINATION POLICY
There will be four examinations, including a final examination, generally composed of objective
(multiple choice and true or false) questions. From time to time pop quizzes may be given.
Examination bonus questions may be given, if so, they will generally be essay type questions.
IV.
GRADING POLICY
The student's final grade will be derived as follows: Examinations 80%, Class Participation
20%. Class participation grade will be based on attendance, participation in discussions, and
pop quizzes if any. Each absence, tardy, or leaving at break will subtract from participation
grade. Each examination including the final will count equally toward the student's final grade.
The students's final letter grade will be determined by the following scale: 90-100 = A, 80-89
= B, 70-79 = C, 60-69 = D, and 59 and below = F.
V.
ASSIGNMENT POLICY
At each class meeting, you should have read and understand the material in the chapter or
chapters to be covered and be prepared to discuss this material.
VI.
COURSE OBJECTIVES
A.
B.
C.
D.
E.
F.
By actively participating in this course the student will know and understand the basics
of agency law and agency relationships.
The student will be able to identify the agent and the principle in a case study exercise.
Students who complete this course will understand and be able to apply the necessary
fundamentals to establish an agency relationship that is within the framework of the
current federal and state laws.
Students who satisfactorily complete this course shall understand a fiduciary
relationship and know what is required by state laws of a fiduciary.
Students who successfully complete this course will meet the Law of Agency Course
requirements for a Texas Real Estate Salesman's or Broker's License.
Students who actively participate in this course will be able to describe and explain the
deceptive trade practices act.
CONTENT OUTLINE
I.
First eight classroom hours
A.
Course Introduction (C 1,2,3,5,6,9)(F 1,5,6,10,15)
Objectives: 1. Familiarize students with each other & instructor
2. Discuss license requirements
3. Outline the course & policies
4. Discuss the real estate business in general
5. Discuss the basics of an Agency relationship
B.
Chapter 1 (C 3,5,6,7,9,11,12,13,14)(F 1,5,6,7,8,9,10,11,13,15,17)
RELE 2201 Law of Agency
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Agency Concepts
Objectives: 1. What is agency?
2. Whom does the agent represent?
3. Why study agency?
4. Suggestions for brokers
II.
III.
C.
Chapter 2 (C 3,5,6,7,9,11,12,13,14)(F 1,5,6,7,8,9,10,11,13,15,17)
Basic Agency Relationships, Disclosure and Duties of the Client
Objectives: 1. Agency defined
2. Classifications of agency
3. Fiduciary duties and responsibilities
D.
Chapter 3 (C 3,5,6,7,9,11,12,13,14)(F 1,5,6,7,8,9,10,11,13,15,17)
Disclosure and Duties to Third Parties
Objectives: 1. Duties to others
2. Avoiding disclosure and misrepresentation problems
3. Material facts
4. Stigmatized properties
Second eight classroom hours
A.
Review Chapters 1-3 and First Examination (C 4,5,6,7,11,12,16)(F
1,2,3,7,8,9,10,11,17)
B.
Chapter 4 (C 3,5,6,7,9,11,12,13,14)(F 1,5,6,7,8,9,10,11,13,15,17)
Creation and Termination of Agency
Objectives: 1. How and when agency is created
2. Important issues
3. How is agency terminated
4. Duties of agency that continue
C.
Chapter 5 (C 3,5,6,7,9,11,12,13,14)(F 1,5,6,7,8,9,10,11,13,15,17)
Seller Agency
Objectives: 1. Express and implied agreements
2. Listing agreements
3. Exclusive and nonexclusive seller agency
D.
Chapter 7 (C 3,5,6,7,9,11,12,13,14)(F 1,5,6,7,8,9,10,11,13,15,17)
Buyer Agency
Objectives: 1. Deciding to represent the buyer
2. Myths about buyer agency
3. Fee arrangements
Third eight classroom hours
RELE 2201 Law of Agency
IV.
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A.
Review Chapters 4-6 and Second Examination (C 4,5,6,7,11,12,16)(F
1,2,3,7,8,9,10,11,17)
B.
Chapter 7 (C 3,5,6,7,9,11,12,13,14)(F 1,5,6,7,8,9,10,11,13,15,17)
Representing More Than One Party in a Transaction:
Intermediary Brokerage
Objectives: 1. The path from dual agency to intermediary
2. Representation of more than one party
3. Intermediary Brokerage
C.
Chapter 8 (C 3,5,6,7,9,11,12,13,14)(F 1,5,6,7,8,9,10,11,13,15,17)
Single Agency
Objectives: 1. Practicing single agency
2. Counseling
3. Advantages and disadvantages
D.
Chapter 9 (C 3,5,6,7,9,11,12,13,14)(F 1,5,6,7,8,9,10,11,13,15,17)
Clarifying Agency Relationships
Objectives: 1. Disclosure policy
2. Developing a company policy
Fourth eight classroom hours
A.
Review Chapters 7-9 and Third Examination (C 4,5,6,7,11,12,16)(F
1,2,3,7,8,9,10,11,17)
B.
Chapter 10 (C 3,5,6,7,9,11,12,13,14)(F 1,5,6,7,8,9,10,11,13,15,17)
Employment Issues
Objectives: 1. Employment relationships between brokers and principals
2. Employment relationships between brokers and associates
3. Relationship Between Brokers and Subagents.
C.
Chapter 11 (C 3,5,6,7,9,11,12,13,14)(F 1,5,6,7,8,9,10,11,13,15,17)
Agency, Ethics, and the Law
Objectives: 1. Law
2. Ethics
3. Morals
4. State and Federal Law
D.
Chapter 12 (C 3,5,6,7,9,11,12,13,14)(F 1,5,6,7,8,9,10,11,13,15,17)
Deceptive Trade Practices and Consumer Protection Act
Objectives: 1. DTPA
2. Damages
3. Defenses
RELE 2201 Law of Agency
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E.
Chapter 13 (C 3,5,6,7,9,11,12,13,14)(F 1,5,6,7,8,9,10,11,13,15,17)
Putting It All Together
Objectives: 1. Preventive Brokerage
2. Use of dialogue
3. Suggestions for brokers
F.
Appendix A (C 5,6,15)(F 1,5,7,17)
Texas Real Estate License Act
G.
Appendix B (C.5,6,15)(F 1,5,7,17)
Questions and answers regarding disclosure of agency and intermediary practice
H.
Appendix C (C 5,6,15)(F 1,5,7,17)
Agency Cases From 50 States
I.
Appendix D (C 5,6,15)(F 1,5,7,17)
Ethical and Legal Responsibilities
J.
Course Wrap-up and Review for Final Examination
K.
FINAL EXAMINATION Chapter 11, 14 and Appendices (C 4,6,7)(F 1,2,5,7,8,10,11,16)
RELE 2201 Law of Agency
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SCANS COMPETENCIES
C-1
C-2
C-3
C-4
TIME-Selects goal relevant activities, ranks them, allocates time, and prepares and follows schedules.
MONEY-Uses or prepares budgets, makes forecasts, keeps records, and makes adjustments to meet objectives.
MATERIALS & FACILITIES-Acquires, stores, allocates, and uses materials or space efficiently.
HUMAN RESOURCES-Assesses skills and distributes work accordingly, evaluates performances and provides feedback.
INFORMATION-Acquires and Uses Information
C-5
Acquires and evaluates information
C-6
Organizes and maintains information.
C-7
Interprets and communicates information.
C-8
Uses computers to Process information.
INTERPERSONAL-Works With Others
C-9
Participates as members of a team and contributes to group effort.
C-10
Teaches others new skills.
C-11
Serves clients/customers-works to satisfy customer’s expectations.
C-12
Exercises leadership-communicates ideas to justify position, persuades and convinces others, responsibly challenges existing
procedures and policies.
C-13
Negotiates-Works toward agreements involving exchanges of resources resolves divergent interest.
C-14
Works with Diversity-Works well with men and women from diverse backgrounds.
SYSTEMS-Understands Complex Interrelationships
C-15
Understands Systems-Knows how social, organizational, and technological systems work and operates effectively with them.
C-16
Monitors and Correct Performance-Distinguishes trends, predicts impacts on system operations, diagnoses systems performance
and corrects malfunctions.
C-17
improves or Designs Systems-Suggest modifications to existing systems and develops new or alternative systems to improve
performance.
TECHNOLOGY-Works with a variety of technologies
C-18
Selects Technology-Chooses procedures, tools, or equipment including computers and related technologies.
C-19
Applies Technology to Task-Understands overall intent and proper procedures for setup and operation of equipment.
C-20
Maintains and Troubleshoots Equipment-prevents, identifies, or solves problems with equipment, including computers and other
technologies.
FOUNDATION SKILLS
F-1
F-2
F-3
F-4
F-5
F-6
F-7
F-8
F-9
F-10
F-11
F-12
F-13
F-14
F-15
F-16
F-17
BASIC SKILLS-Reads, writes, performs arithmetic and mathematical operations, listens and speaks
Reading-locates, understands, and interprets written information in prose and in documents such as manuals, graphs, and
schedules.
Writing-Communicates thoughts, ideas, information and messages in writing, and creates documents such as letters, directions,
manuals, reports, graphs, and flow charts.
Arithmetic-Performs basic computations, uses basic numerical concepts such as whole numbers, etc.
Mathematics-Approaches practical problems by choosing appropriately from a variety of mathematical techniques.
Listening-Receives, attends to, interprets, and responds to verbal messages and other cues.
Speaking-Organizes ideas and communicates orally.
THINKING SKILLS-Thinks creatively, makes decisions, solves problems, visualizes, and knows how to learn and reason
Creative Thinking-Generates new ideas.
Decision-Making-specifies goals and constraints, generates alternatives, considers risks, and evaluates and chooses best alternative.
Problem Solving-Recognizes problems and devises and implements plan of action.
Seeing Things in the Mind’s Eye-Organizes and processes symbols, pictures, graphs, objects, and other information.
Knowing How to Learn-Uses efficient learning techniques to acquire and apply new knowledge and skills.
Reasoning-Discovers a rule or principle underlying the relationship between two or more objects and applies it when solving a
problem.
PERSONAL QUALITIES-Displays responsibility, self-esteem, sociability, self-management, integrity and honesty
Responsibility-Exerts a high level of effort and preservers toward goal attainment.
Self-Esteem-Believes in own self-worth and maintains a positive view of self.
Sociability-Demonstrates understanding, friendliness, adaptability, empathy, and politeness in group settings.
Self-Management-Assesses self accurately, sets personal goals, monitors progress, and exhibits self-control.
Integrity/Honesty-Chooses ethical courses of action.
RELE 2201 Law of Agency
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CAMPUS GUIDELINES
CHILDREN ON CAMPUS
Many of the students attending classes at South Plains College are also parents who value the opportunity to
participate in higher education. Sometimes students are faced with the decision of whether to remain at home
with their children, bring children with them to class, or be absent from class. The following guidelines address
concerns for the safety of children on campus and provide for an environment conducive to learning:
1.
Students are not allowed to bring children to class and will be asked to leave in the interest of providing an environment
conducive for all students enrolled in the class. Students are responsible for adherence to the attendance requirements set
forth by the instructor in the course syllabus.
2.
Children may not be left unattended. In order to provide for the safety of children on campus, parents
or other guardians are responsible for supervising children while utilizing services or conducting
business on campus.
3.
Disruptive children will not be allowed to interfere with college business. Parents or other guardians
are responsible for supervising and controlling the behavior of children they have brought on campus.
AMERICANS WITH DISABILITIES ACT STATEMENT
“Students with disabilities, including but not limited to physical, psychiatric or learning disabilities, who wish
to request accommodations in this class should notify the Special Services Office early in the semester so that
the appropriate arrangements may be made. In accordance with federal law, a student requesting
accommodations must provide acceptable documentation of his/her disability to the Coordinator of Special
Services. For more information, call or visit the Special Services Office in rooms 809 and 811, Reese Center
Building 8, 885-3048 ext. 4654.
DIVERSITY STATEMENT*
In this class, the teacher will establish and support an environment that values and nurtures individual and group
differences and encourages engagement and interaction. Understanding and respecting multiple experiences and
perspectives will serve to challenge and stimulate all of us to learn about others, about the larger world, and
about ourselves. By promoting diversity and intellectual exchange, we will not only mirror society as it is, but
also model society as it should and can be.
(*Developed by the Title III summer 2001 participants as part of the training opportunity, May-June 2001,
South Plains College).
GENERAL SAFETY ON CAMPUS
South Plains College recognizes the importance of safety on campus. The protection of persons and property is
a responsibility which we all share. Personal safety begins with the individual. The following guidelines are
intended to assist you in protecting yourself and to encourage practices that contribute to a safe environment for
our campus community.
e
Never leave your personal property unsecured or unattended.
RELE 2201 Law of Agency
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Look around and be aware of your surroundings when you enter and exit a building.
Whenever possible, avoid walking alone, particularly after dark. Walk to your vehicle with other
class members or request that the Security Guard walk you to your car.
When approaching your vehicle, keep your keys in your hand; look under your car and in the
back seat and floorboard. Lock the doors as soon as you are inside your car.
FOOD AND DRINK IN CLASSROOMS
It is the policy of South Plains College not to permit food or drink in the classrooms or laboratories.
In case of emergency, contact the following numbers but DO NOT leave a voice mail message:
894-9611, ext. 2338 - Levelland Campus 747-0576, ext. 4677 - ATC 885-3048, ext. 2923 - Reese
Center (mobile 893-5705)