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Old 04-03-2018, 04:04 PM
 
Location: Tallahassee
3 posts, read 3,492 times
Reputation: 10

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The contract has the agent's name as the selling agent in it. You can't switch brokers unless the contract is broken.
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Old 04-03-2018, 04:11 PM
 
Location: Austin
7,244 posts, read 21,806,338 times
Reputation: 10015
Quote:
Originally Posted by ShariRE View Post
The contract has the agent's name as the selling agent in it. You can't switch brokers unless the contract is broken.
Agents can switch brokers whenever they want. The contract stays intact. The brokerage owns the contract, not the agent.
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Old 04-03-2018, 04:21 PM
 
Location: DFW
40,952 posts, read 49,176,191 times
Reputation: 55003
Me, I'd close the deal before I switched brokers if possible.
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Old 04-04-2018, 06:09 PM
 
Location: Raleigh NC
25,116 posts, read 16,209,782 times
Reputation: 14408
Quote:
Originally Posted by ShariRE View Post
The contract has the agent's name as the selling agent in it. You can't switch brokers unless the contract is broken.
jeebus
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Old 04-04-2018, 07:28 PM
 
Location: DFW
40,952 posts, read 49,176,191 times
Reputation: 55003
Quote:
Originally Posted by ShariRE View Post
The contract has the agent's name as the selling agent in it. You can't switch brokers unless the contract is broken.
At least in our state the Brokers and agents page and names is not part of the contract.
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Old 04-05-2018, 12:18 PM
 
Location: Columbia, SC
10,965 posts, read 21,980,652 times
Reputation: 10679
Quote:
Originally Posted by Rakin View Post
At least in our state the Brokers and agents page and names is not part of the contract.
I'm sure it's not in hers either. It's probably listed somewhere the agents and brokerages for the buyer/seller but not "part of the contract" that would require the contract to be broken to switch brokerages.

If the BIC for her company is telling their agents that it's a dirty dirty trick to keep agents from moving around IMO.
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Old 04-05-2018, 01:19 PM
 
Location: Athol, Idaho
2,181 posts, read 1,627,973 times
Reputation: 3220
On our contracts the first thing on them is listing and selling agents and their brokers. After that is the buyers name.
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Old 04-05-2018, 01:44 PM
 
Location: Columbia, SC
10,965 posts, read 21,980,652 times
Reputation: 10679
Quote:
Originally Posted by I love boots. View Post
On our contracts the first thing on them is listing and selling agents and their brokers. After that is the buyers name.
Ours is the last line of the last page. Most contracts I've seen have the agent and brokerage on them.
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Old 04-05-2018, 03:56 PM
 
Location: Phoenix, AZ
102 posts, read 111,339 times
Reputation: 76
The buyer can go wherever they want in theory. But if they are under contract and close on that property, the broker listed on the sales contract will receive compensation unless stated otherwise in a buyer rep agreement.
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Old 04-05-2018, 04:23 PM
 
Location: Sarasota/ Bradenton - University Pkwy area
4,615 posts, read 7,535,442 times
Reputation: 6036
Quote:
Originally Posted by Positive2 View Post
When moving to another broker and you have a buyer under a purchase contract and no Buyers Rep. Form can that buyer elect to move to another broker before the property closes.?
Did you sign an independent contractor / broker agreement when you started with your company? Most brokerages require them. The contract typically spells out what happens when an agent elects to leave as to commission splits, etc.

IF you are attempting to get around the terms of that agreement on your departure, my advice is DON"T.

Contracts belong to the brokerage, not the agent, and NAR has explicit language regarding agents conduct when leaving a brokerage:
Standard of Practice 16-20 amplifies this obligation and expands on a REALTOR®’s conduct both before and after leaving a brokerage: "REALTORS®, prior to or after terminating their relationship with their current firm, shall not induce clients of their current firm to cancel exclusive contractual agreements between the client and that firm."

Your current broker may file an ethics charge against you if your buyer attempts to move the contract to another brokerage with you. Plus, the seller may have something to say about your interference with the contract already in place.


Better to sit down with your current broker and attempt to resolve any issues together, rather than attempting to circumvent the broker.
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