Quote from @Drew Sygit:
A couple of thoughts:
1) Most states require a property manager to have a real estate broker's license. Your agent is proposing to leave her current broker/PMC, so what broker will she put her license under?
2) What specifically does she mean about going "rogue"? Having you pay her directly instead of her broker, which in most states is illegal?
3) She states she only get's 50% of the one-month-of-rent fee, what specifically happens with the other 50%? In most sales transactions, a 6% commission is split between two brokerages and then those brokerages pay a percentage of the commission to the agent. How is the leasing commission split any different?
4) If she's so good, why isn't she moving to a new PMC that can manage for you? Telling you to self-manage seems questionable.
OPINION: whether she has a legitmate issue with her broker about the change in her compensation is irrelevant. She seems to be advising you to leave her current PMC as a revenge tactic against them - to your possible detrement.
Proceed with caution.
Appreciate the caution, hard to explain the full context in a forum post like this, but I've no reason to distrust her. To your points, in order:
1) This is interesting, I know she has to pay dues into some sort of board / organization to maintain her Realtor's license, and with that comes a connection to a broker as well at least in terms of buying/selling properties. Not sure how Texas' laws work with respect to leasing and licensing, I'll have a look into this a bit more.
2) Yeah this was more of a thought that we could partner up instead, not through any formal business entity, but that I could hire her one-off to find and place tenants, doing exactly what she is now, except I'd be paying her instead of the Property Management company. I'll again have to check Texas laws on this one, didn't think that this could be illegal to hire someone to help me place a tenant and draw up a lease? Maybe I'm misunderstanding what could be illegal about ending my relationship with my current PM company and self-managing and hiring a "contractor" (my Realtor) to help find/place tenants and write up the leases.
3) How it works with this PM company is when they find a tenant and I approve, and we get them signed on a lease, they pocket 100% of my first month's rent as a "finders fee" for placing the tenant. As an employee of the PM company, my Realtor currently only gets 50% of this fee as her payment, with the PM company keeping the other 50% it sounds like. This isn't a real estate transaction, just placing a tenant. Not sure how the 3%/6% would apply?
4) In short, they are not going to let her act as both a Realtor and a Property Manager anymore and are changing her pay structure so that she is no longer salaried by them, and only paid for tenant placement commissions. And they are also talking about barring her from being able to practice as a Realtor as a term of her new employment contract. It really is a pretty bad change for her from what I've heard (granted I've only heard her side, but this PM company has never been the best company, just the best rate I've been able to find -- and yes you get what you pay for!)
Hopefully this helps to clarify things, I don't think anything is changing between her and her broker (not even sure who that is) just the terms of her employment as a PM with the PM company she is currently working for are changing and causing us to rethink things.