Which one of the following would not constitute the unauthorized practice of law by a real estate licensee?

What is not enforceable in a contract?

Additionally, there are eight specific criteria a court will use to determine whether or not a contract is unenforceable: lack of capacity, coercion, undue influence, misrepresentation and nondisclosure, unconscionability, and public policy, mistake, and impossibility.

What makes a contract unenforceable in real estate?

A contract might also be deemed unenforceable if one or both parties misrepresented the facts of the contract, if there is a mistake in the contract, or if the contract violates the law in some way.

What are unethical real estate practices?

There are four principle ways in which agents cheat customers: failing to tell sellers of higher bids when lower bids provide the agents with more commission through mortgage and insurance needs; switching second bidders to other properties when buyers are in short supply; selling unnecessary insurance or the wrong ...

What discriminatory practices by a real estate licensee is disallowed?

For the Real Estate Professional: Agents in a real estate transaction are prohibited by law from discriminating on the basis of race, color, religion, sex, handicap, familial status, or national origin.

Which of the following is a legally required element of a valid and enforceable real estate contract quizlet?

Which of the following is a legally-required element of a valid and enforceable real estate contract? A contract must contain a two-way exchange of valuable consideration as compensation for performance by the other party.

What are examples of unauthorized practice of law?

If someone gives legal advice without a license, that's called the unauthorized practice of law (UPL.) In California, only attorneys can give legal advice. If an attorney loses their license to practice, but continues to take and advise clients, that's also considered the unauthorized practice of law.

What is the definition of unauthorized practice of law?

When someone who is not licensed to practice law provides services that can only be performed by attorneys, that is called the unauthorized practice of law (UPL).

What is an example of unauthorized practice of law by paralegals?

Providing legal advice, making tactical and strategic decisions, determining case value, negotiating settlement and counseling clients as to whether to settle a case, without the direct and specific supervision of an attorney, constitutes the unauthorized practice of law.

Which of the following is not considered the unauthorized practice of law?

The interviewing of clients. Asking questions and writng down information is not UPL.

Which of the following activities would be considered the unauthorized practice of law for a financial planner who is not a licensed attorney?

Which of the following activities would be considered the unauthorized practice of law for a financial planner who is not a licensed attorney? Helping a client to identify his financial planning goals.

What is an example of exception where the real estate law does not require licensing?

If an investor is buying and selling their own properties, they don't need a real estate license. Anyone can buy and sell their own property without representation, and without a license.

What are some examples of discriminatory housing practices?

A property manager refuses to rent an apartment to a single woman, but he will rent the apartment to a single man. A bank refuses to lend money to a house buyer because the house he wants to buy is in a minority neighborhood. This is called redlining.

What is an example of discrimination in the real estate sector?

When the landlord asks if Ann has kids, she responds no and the landlord says the property is still available, when can she come see it? In this example, Jane is being illegally discriminated against on the basis of family status — she is being denied the opportunity to rent a home because she has children.

What is the discriminatory practice of denying or limiting financial services to specific residence or neighborhoods called?

Redlining can be defined as a discriminatory practice that consists of the systematic denial of services such as mortgages, insurance loans, and other financial services to residents of certain areas, based on their race or ethnicity.

What is an example of misrepresentation in real estate?

In real estate, misrepresentation is a lie or reckless untruth that affects the market value of a home or property. A common example of this is misrepresenting the square footage of a property.

What is the most common real estate law complaint?

What are the most common antitrust violations in real estate?

What are some forms of unenforceable illegal agreements?

The subject matter of the contract itself must be legal. For example, if it involves illegal gambling, then the contract will be deemed illegal and unenforceable. Another example would be if one party asks another party to engage in fraudulent or some other wrongful activity.

What is an illegal or unenforceable contract?

Illegal contracts are those that require either party to engage in an illegal activity to fulfill the contract. This would not be considered a legal contract by the court and could not be enforced. Thus, illegal contracts are void and neither party will be entitled to relief if the other party breaks the contract.

What are unenforceable terms of service?

If the Terms of Service agreement includes a unilateral provision which states the company can change the agreement without notifying the customers, the agreement is entirely unenforceable.