an advertisement cannot in any way imply that a sales agent is the person responsible for the operation of a real estate brokerage. a license holder shall not use the license holder’s expertise to the disadvantage of a person with whom the license holder deals. if the license holder is an agent of the buyer, the license holder owes a fiduciary duty to the buyer. a sales agent may not accept compensation for a real estate transaction from anyone other than the broker the sales agent was associated with at the time the commission was earned and may not pay a commission to a person except through the sales agent’s sponsoring broker. a name used in advertising by an associated broker that is not the associated broker’s licensed name must be registered as a team name by the broker he or she is associated with and meet all the requirements for a team name. [trela § 1101.558] yes, if the assumed business name of the associated broker meets the requirements for a team name since a team name must be used when the associated broker is associating with another broker. [rule 535.155(b)(1)] a broker is not required to directly supervise sponsored sales agents; this responsibility may be delegated to another person with the required level of experience and expertise to provide proper supervision under the law.
only an active licensed sales agent sponsored by a licensed business entity may make a referral on behalf of the brokerage, and any referral fee must be paid to the sponsoring broker. however, a rebate to a buyer from a license holder may be subject to restrictions by the buyer’s lender. [trela §1101.652(b)(23) and rule 535.155(d)(7)] yes, if the real estate business entity holds a real estate license and the sales agent is sponsored by that entity. if a license holder prefills this information, the license holder must ensure that the text of the iabs form is copied verbatim and that spacing, borders and placement of text on the page appear identical to that in the promulgated iabs form. yes, unless the person is an employee of the owner of the apartments or otherwise exempt, residential rental locators are required to be licensed as either a real estate broker or sales agent. [rule 535.154(a)(3)] an intermediary is a broker who negotiates the transaction between the parties when the broker or a sales agent sponsored by the broker has obtained consent from the parties to represent both the buyer and the seller. any agent who worked with the seller or the buyer in a transaction that resulted in the sale of a property may correctly state in an advertisement that they “sold” the property. generally, the only reason you might fill out this form if you do not receive a fee from a residential service company is because the other agent or broker in your transaction is providing their own disclosure.
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