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Patti, Real Estate Pro in Downingtown, PA

as a licensee who keeps my listing if I change brokers

Asked by Patti, Downingtown, PA Tue Aug 17, 2010

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Judi Monday, CRS’s answer
The listings belong to your broker. However, many brokers will work with homeowners that want their listings to move to the new brokerage with you. Read the Independent Contractor Agreement that you have in place with your broker as it should be spelled out in that document.
0 votes Thank Flag Link Fri Jul 19, 2013
They are not your listings. Only the broker has listings. Sometimes the Broker will allow an agent to transfer listings to the new Broker by agreement. You have to check with your Broker to see what the policy is.If your listing customers are loyal to you they will often request your Broker to withdrawn their listing so that they can list with you at your new company. From a practical point of view it is probably in the best interest of the Broker to let those listings go. It is however important to know how your Broker stands on this issue.
1 vote Thank Flag Link Tue Aug 17, 2010
Read your independent contractor contract. Legally it stays with your broker unless your contract states otherwise.
1 vote Thank Flag Link Tue Aug 17, 2010
Your broker keeps his listings.
0 votes Thank Flag Link Thu Jul 18, 2013
Don Tepper, Real Estate Pro in Fairfax, VA
Agreements are binding contracts and as such should be respected... However, all of my clients are loyal to me, not my broker. They were not referrals from him, they are my personal clients. My broker is unprofesional and lazy. Why should he get to keep the listings? If we agree to pay for dinner but find a bug in the food halfway through, are we still required to pay for the meal? No! I am in the process of switching to a new office and I had all of my clients write letters explaining why they wanted to be released from his agency. This should be sufficient and in my case, I hope that it will be.
0 votes Thank Flag Link Thu Jul 18, 2013
Hi Patti, it will be the rare exception for a broker to invite listings leaving with an associate. Assume they stay with your current broker and plan accordingly.

But it it is time for change - then don't let the dissuade you - just plan carefully.
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0 votes Thank Flag Link Wed Aug 18, 2010
Patti, I guess I get to give the snarky answer - I don't know what you were taught in licensing class in PA or what your agreement is with your current broker, if PA's licensing laws are anything like SC's here is what we are required to tell every customer at our first substantive meeing: "When you choose to work with any real estate licensee, your business relationship is legally with the company and not with the associated licensee." When our customer becomes a client and they sign the listing paperwork it clearly states that the agreement is with the brokerage.

If PA laws and rules are not the same, my apologies. If they are similar then - Really, shouldn't you have known this in order to get your license?
0 votes Thank Flag Link Wed Aug 18, 2010
Patti, your question has been answered. Listings belong to the broker. Since you have provided no broker information it is difficult to be more informative. Each agent has the opportunity to negotiate the terms of their contract with their broker. When you review your contract, also make note of the notification time required. (30 days, 60 day, 90 days)
If you intend to change brokers here is a very abbreviated list of things you must do.
1. Make sure all files for these listing are complete otherwise your current broker will not release then to the new broker. Your local association will have the appropriate transfer forms.
2. Seller will need to sign transfer documents to be included in your current brokers file.
3. Review all your listing and determine what telephone number is listed for your contact. If it is a call center number be sure to change the number before initiating the change.
4. Review ALL of your enterprise lead capture and listing web sites to reflect change and new telephone number.
5. Create a GREAT 'new beginning' campaign to send to all your contacts. Ask for referrals.
6. You will need to update your signs and business cards. New broker is most likely pay this expense.
7. Review all listings for email contact procedures. If directed through current brokers email system you will need to change to your personal or a new email address.

There is a great deal more details in making the change, but attending to the above will keep you in business during the change-over period.

Good luck and great success to you.
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0 votes Thank Flag Link Wed Aug 18, 2010
I agree with Sam. Sometimes the client will tell the broker that even though they are under contract with the broker, they want to stay with the agent because it is the agent who they technically contracted with.

Terrence Charest
0 votes Thank Flag Link Tue Aug 17, 2010
I agree with the other answers, I believe the listing belongs to your broker unless you have agreed otherwise. If you're a realtor, I also believe that asking your client to move the listing to your new broker would violate the realtor code of ethics. I would double check with your broker on all of this though.
0 votes Thank Flag Link Tue Aug 17, 2010
Good afternoon Patti, legally the listing belongs to the Broker; however, your contract (as with Keller Williams) may state that you can take the listing with you. It would be best to ask your Broker. Good Luck, Steve
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0 votes Thank Flag Link Tue Aug 17, 2010
Technically, listings belong to the Broker. So if you leave it would in theory stay with your previous Broker. However, you may want to check your independent contractor agreement/employment contract to see if there are any provisions for you to take listing with you and/or get paid on them when they sell. You could also ask to take it with you and negotiate that with the Broker you are leaving from(e.g pay a referral fee, etc) Hope that helps.
0 votes Thank Flag Link Tue Aug 17, 2010
Generally the listings remain with your current broker--however, check your original agreement to see if it was agreed otherwise.
0 votes Thank Flag Link Tue Aug 17, 2010
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