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What is the most common way to create an agency relationship between a home seller and a broker? C. A listing agreement is an employment contract that creates an agency relationship between a seller and a broker.
In a common law brokerage, your service agreement (contract) is with the brokerage, which means that essentially, you're agreeing to work with any or all licensees at the brokerage. Because the agreement you signed is with the brokerage, any licensee from that brokerage can work with you under your existing agreement.
In fact it is estimated that over 70% of all business brokers and agents don't fully (or partially) cooperate with their business for sale listings with other intermediaries. Business brokers who refuse to cooperate with other brokers claim they are motivated by their desire to protect their clients.
Cooperating Brokerage: Co-Brokes are exclusive listings that are shared by the listing agency with other brokers to show and sell. The listing agent works with cooperating brokers to help him or her sell the property to the cooperating broker's customers.
An agency relationship is formed when the agent and a buyer or seller sign an agency disclosure or agreement form. In many cases, the client does not legally have to agree to sign anything. The agreement or disclosure states that the agent is acting on behalf and in the best interest of the client.
A buyer representation agreement works the same way as a listing contract, but it establishes the express agency relationship between the broker as the agent and the buyer as the principal.
The exclusive right-to-represent contract is the most common buyer representation agreement and best protects the agent.
A. 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.
A salesperson cannot be appointed by both buyer and seller for the same property transaction. He can only act for one party. The same prohibition also covered the rental transactions. The ban on dual representation applies to all property transactions, including residential, commercial and industrial properties.
Legally speaking, a dual agent is a real estate broker, or agents working for the same broker, who act on behalf of both the seller and the buyer in a transaction. A broker is permitted to act as a dual agent in California only if the buyer and seller are both aware of and consent to the dual agency.