The sellers and buyers themselves are the principals in
the sale, and real estate brokers (and the broker's agents)
are their agents as defined in the law. However, although
a real estate agent commonly fills out the real estate contract
form, agents are typically not given power of attorney to
sign the real estate contract or the deed; the principals
sign these documents. The respective real estate agents
may include their brokerages on the contract as the agents
for each principal.
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use of a real estate broker is not a requirement for the
sale or conveyance of real estate or for obtaining a mortgage
loan from a lender. However, once a broker is used, the
settlement attorney (or party handling closing) will ensure
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In addition to the services to sellers and buyers described
below, most real estate agents coordinate various aspects
of the closing. Real estate brokers typically do not provide
title service such as title search or title insurance, do
not conduct surveys or formal appraisals of the property
such as those required by lenders, and do not act as lawyers
for the parties, although they may "coordinate"
these activities with the appropriate specialists. Some
real estate brokers may be associated with loan officers
who may help to finance buyers to make their purchase.
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When a person first becomes licensed to become a real estate
agent, he/she obtains a real estate salesperson's license
from the state in which he/she will practice. To obtain
a real estate license, the candidate must take specific
coursework (of between 40 and 90 hours) and then pass a
state exam on real estate law and practice. In order to
work, salespersons must then be associated with (and act
under the authority of) a real estate broker.
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Estates may also be held jointly as joint tenants with
rights of survivorship or as tenants in common. The difference
in these two types of joint ownership of an estate in land
is basically the inheritability of the estate. In joint
tenancy (or in marriage this is sometimes called tenancy
of the entirety) the surviving tenant (or tenants) become
the sole owner (or owners) of the estate.