Like many other states, Nebraska has adopted a statute which governs the relationships
between real estate licensees and consumers.
A Mississippi appellate court has ruled that no joint venture existed
between a real estate licensee and an investor when the two did not share profits or participate in equal management of a for - profit business enterprise.
Not exact matches
The court found that the Rules exist to protect members of the public and this rule described an agreement
between a
licensee and a consumer, not an agreement
between two
real estate brokers.
Similarly, the court found that the Rule's requirements for a brokerage agreement also described an agreement
between a
licensee and a consumer, not two
real estate brokers.
And, in order to remove any suggestion of a default employer / employee relationship
between a
real estate company or sole proprietor broker and a
licensee, the Wisconsin
real estate license law was also amended to remove all employer and employee references, and instead make reference to firm and agent.
Require enhanced disclosure of
real estate licensee remuneration that will inform consumers about how remuneration is to be divided
between a listing brokerage and co-operating brokerage.
The commission rate is neither fixed by law nor by any
real estate board; it is negotiable
between you and the
licensee you engage to help you.
Before you begin to work with a
real estate licensee, it is important for you to know the difference
between a broker - in - charge and associated
licensees.
This is simply because
real estate agreements are
between the client (s) and the brokerage, not the
licensee themselves.
A rental property management service agreement
between the brokerage and the client would be necessary, and if the rent is to be collected by the
licensee, the trust accounting requirements of the
Real Estate Services Act apply.
(2) By agreement
between the brokerage and the client, the brokerage may designate one or more
licensees to provide
real estate services to or on behalf of a client as a designated agent, and in such a case, the duties referred to in section 3 - 3
While all REALTORS ® are state - issued
licensees as agents or brokers, the major difference
between a «
real estate licensee» and a REALTOR ® is that REALTORS ® have taken an oath to subscribe to a stringent, enforceable Code of Ethics with Standards of Practice that promote the fair, ethical and honest treatment of all parties in a transaction.
This course provides
real estate licensees with a foundational understanding of the special legal relationship that governs conduct
between licensees, clients and customers.
The court also stated that
real estate licensees customarily serve as intermediaries
between buyers and sellers and their services ordinarily consist of communicating offers back and forth
between the parties, accompanying prospective buyers desiring to inspect or view the premises involved, negotiating the terms of the sale, and sometimes assisting the buyer in arranging for financing.
This is important because one of the most significant challenges for a
licensee in limited dual agency, where there are two clients, is the conflict
between the obligation to disclose to each client all known material information respecting the
real estate services, the
real estate itself, and the trade in
real estate [subsection 3 - 3 (f) of the Rules], and the obligation to maintain the confidentiality of information respecting each client [subsection 3 - 3 (e) of the Rules].
In providing trading services, whether those services are related to commercial or residential
real estate, it is important for the brokerage and
licensee and the party to whom the services are being provided, whether that is the seller / landlord, or the buyer / tenant, or both, to understand the nature of the relationship
between them because the duties and obligations of the brokerage and the
licensee are determined by that relationship.
• Outlines the key differences
between a REALTOR ® and a
real estate licensee • Offers benefits that REALTORS ® provide to both buyers and sellers.
When providing
real estate services, the nature of the relationship that is created
between the buyer / tenant or seller / landlord and the brokerage, including its related
licensees, is important.