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Updated almost 3 years ago,
Agents:How are you purchasing properties without losing your job?
I'm a long-time investor who has acquired my Agent license with the plan to transactionally support residential clients.
The three major brokerages I am in discussions with all have terms in their Independent Contractor Agreement that state something to the following effect: "Agents are expected to transact ALL real estate business through the Company. Transactions that are processed outside of the Company shall be grounds for immediate termination." "The parties must use standard forms and sales contracts".
All three brokerages allow a limited number of personal transactions through the brokerage with certain transaction fees, etc. I understand how this will work for properties I personally sell. Including the issue of some E&O coverages not supporting an agent's personal transactions when the agent is selling their personal property. But I can't get a straight answer from anyone on how this works for certain transactions where the agent is a buyer:
1. Buying a property directly from an owner not listed on MLS (e.g. FSBO, sourced through marketing, etc.). If the Seller does not want to list the property on the MLS/with an agent or pay a commission for a buyer's agent, but instead wants to sell this directly to you as a buyer, how can this be transacted through your broker? I can ask the seller to use approved contract forms. But how are agents handling actually processing this through your broker when no agent commissions are involved?
2.Buying a property in a state where you are not a licensed agent. Are you "referring yourself" as a buyer to an agent who is licensed in that state to act as your Buyer's Agent and they pay you a referral fee? Or something similar with the Listing Agent double ending the transaction? But you still need to somehow run the transaction through YOUR brokerage? This seems like a roundabout way?
I understand licensed agents are buying properties in the above two ways all the time. But can't get an answer from one on how they are doing this in compliance with their broker's agreement? Or am I missing something?