California Real Estate Sales Representative Agreement with Broker

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US-01798BG
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Description

A real estate broker offers services as agent in matters involving the sale, purchase, rental, and financing of real property. When selling property, brokers and agents arrange for title searches to verify ownership and for meetings between buyers and sellers during which they agree to the details of the transactions and in a final meeting, the new owners take possession of the property. They also may help to arrange favorable financing from a lender for the prospective buyer; often, this makes the difference between success and failure in closing a sale. In some cases, brokers and agents assume primary responsibility for closing sales; in others, lawyers or lenders do.


Agents and brokers spend a significant amount of time looking for properties to sell. They obtain listings -- agreements by owners to place properties for sale with the firm. When listing a property for sale, agents and brokers compare the listed property with similar properties that recently sold, in order to determine a competitive market price for the property. Following the sale of the property, both the agent who sold it and the agent who obtained the listing receive a portion of the commission. Thus agents who sell a property that they themselves have listed can increase their commission.

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FAQ

Dual agency is illegal in eight states: Alaska, Colorado, Florida, Kansas, Maryland, Oklahoma, Texas and Vermont. The other states have different laws governing the disclosure of dual agency and the behavior of dual agents.

However, the California Business and Professions Code does state that the relationship between a real estate broker and agent can be either an employee/employer or independent contractor relationship.

The real estate law requires that every broker must have a written agreement with each of his or her salespeople.

For a licensed California real estate agent to be considered an independent contractor when working for another real estate salesperson two conditions must be met: There MUST be a WRITTEN CONTRACT that identifies specifically states that the real estate agent will not be treated as an employee for tax purposes; and.

Dual agency in California is legal when it is properly disclosed, both parties consent to the arrangement, and the agent(s) don't disclose confidential information to the other party.

Although California's new law recognized subagency, it also spelled out the ground rules for practicing disclosed dual agency and recognized the concept of buyers agents positions that were still being debated by NAR leaders at the time.

Yes, under the Real Estate Law, a broker-associate can work in the capacity of a salesperson for another responsible broker(s) and also work as an independent broker.

In California, real estate broker licenses are currently issued only to individuals and corporations. Limited liability companies need not, indeed may not, apply.

The difference between a real estate agent and a real estate broker is largely based on years of experience and education. For one, an agent or salesperson must work under a licensed broker, whereas a broker can work for themselves and/or hire agents to work for them.

The simple answer is yes - as a licensed agent, you can represent yourself in buying or selling real estate for yourself. But it's not as easy as just getting your real estate license! Just having a license is not enough to buy or sell your own property you have to make sure you also are affiliated with a brokerage.

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California Real Estate Sales Representative Agreement with Broker