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#253373 - 10/05/08 10:09 AM Failed test by 3 questions.
ttown Offline
Member

Registered: 01/07/08
Posts: 17
Loc: fl
I took the florida test saturday and missed passing by 3. I was actually suprised. Although I didnt pass, I think alot of people make it out to be harder, Unless I just randomly had easier questions. While the test was fresh, I looked up the ones in the book that I had problems with. My breakdown was 10/10 on the Math, 35/45 of the practices, 27/45 of the laws. There are two I cant find, Can anybody help?

1. What is the contrast of the Shermans Act.

2. Something like "An agent paid cash to a contractor after receiving a referral from the contractor. Is this legal"

3. Seller is selling house with broker John. An offer is made however the seller wishes to change the terms and raise the price of the house. What should the broker do?

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#253405 - 10/05/08 06:01 PM Re: Failed test by 3 questions. [Re: ttown]
Perky_REALTOR Global Moderator Offline
Major Contributor

Registered: 11/27/06
Posts: 3900
Loc: Northeast PA
1. What is the contrast of the Shermans Act.

Contrasted with what?

2. Something like "An agent paid cash to a contractor after receiving a referral from the contractor. Is this legal"

Nope.

3. Seller is selling house with broker John. An offer is made however the seller wishes to change the terms and raise the price of the house. What should the broker do?

Reject the offer, take out a contract ON the seller...
(just kidding)


Edited by Perky_REALTOR (10/05/08 06:03 PM)

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#253406 - 10/05/08 06:11 PM Re: Failed test by 3 questions. [Re: Perky_REALTOR]
loveofcreed68 Offline
Junior Member

Registered: 09/30/08
Posts: 6
Loc: IN
The Sherman Act is the Anti-Trust Laws.
An agent can never pay anyone, only a broker can.

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#253409 - 10/05/08 07:12 PM Re: Failed test by 3 questions. [Re: loveofcreed68]
ttown Offline
Member

Registered: 01/07/08
Posts: 17
Loc: fl
I think the sherman acts question dealt with setting commission rates.

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#253609 - 10/06/08 09:14 PM Re: Failed test by 3 questions. [Re: ttown]
Texas Agent Offline
Member

Registered: 07/14/08
Posts: 341
Loc: Dallas, Fort Worth - TX
Yes, the Sherman Act is the anti-trust law. Brokers cannot conspire or otherwise agree to set commissions.

I think there was probably some information left out of the third question. A seller can ask the broker to raise or lower the asking price of the listing whether or not there is an offer. But a broker is not obligated to change the listing price after the listing agreement is signed. Most brokers will accommodate reasonable seller requests (especially if the seller wants to lower the list price.)

Think of it this way. The listing agreement spells out what services the broker and agent will be providing the seller. In other words, you'll be spending time, effort, and $$$ to market the home, based on a reasonable expectation that it's priced at a fair market value and that it is likely to sell at that price. A seller can't arbitrarily demand that the list price be raised and expect the broker to continue expending $$$ on a property that is now well above market value.

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