The Office has created a new form (RE 215) that can be used both to inform the Office of a new intermediary-affiliation affiliation and to terminate an existing broker-associate affiliation. These forms must be filed by January 1, but I assume there is some leeway. A commercial agent or associate broker is required to present himself as an agent on behalf of their busy broker. Agents of a busy broker may not enter into a contract on their own behalf or on behalf of a broker other than their employing agent, with the exception of associated real estate agents whose employment contract is authorized. [Grand v. Griesinger (1958) 160 CA2d 397] Currently, there is no real estate or DRE settlement limiting a real estate agent`s ability to work as an independent real estate agent on his own behalf. As the FAQ makes clear, an associate broker can also work as an independent broker. “During the Real Estate Act, a broker-partner can work as a seller for another employee real estate agent and also work as an independent real estate agent. However, an affiliation/employment contract signed by the responsible broker and the associated intermediary may prohibit this activity. Instead, the provisions of the employment contract that limit intermediation activity determine the extent to which a broker`s participation in royalty intermediation services is permitted, except on behalf of the occupied broker. [See RPI forms 505 and 506] Effective January 1, 2018, California real estate agents linked to or informed by the Real Estate Bureau (BRE) of this affiliation.
These individuals are commonly referred to as Broker Associates. In a recent article on Frequently Asked Questions (FAQ) on the office`s website, the BRE defines the term as: “A broker partner is a real estate agent who is licensed as a real estate agent, but who works as a salesperson for another responsible broker or another company.” The main objective and most important effect of the new law is that it creates a way for consumers and others to learn all the links of an associate broker. Previously, a broker could legally be the distributor of a company other than his own, but this information would not appear in publicly available BRE datasets. Similarly, the company`s records would not show that he was working there. The new law changes that. This is not the case for salespeople and brokerage partners. [Calif. Code of Conduct for Businesses and Professions 10131] As all real estate agents know, real estate agents who hire other licensees to act on their behalf enter into written agreements with each of the associate licensees who employ them as agents.