A licensee who signs a contract with you as your buyer's
representative on behalf of the brokerage will search through listings for you, make appointments, conduct research, and walk you through the entire process of buying a home.
(a) keep the managing broker informed of the real estate services being provided, and other activities being performed, by the associate broker or
representative on behalf of the brokerage, and
Not exact matches
Therefore, the court ruled in favor
of the Sellers and so judgment was entered
on behalf of the Sellers, Salesperson,
Brokerage, and the Buyer's
Representative.
Although, in many cases, an associate broker or
representative is authorized to sign the listing contract or the management contract
on behalf of the
brokerage, it is important to keep in mind that the listing or management contract binds the
brokerage.
Only managing brokers, associate brokers, or
representatives who are engaged by and licensed to the
brokerage may provide real estate services
on behalf of the
brokerage.
Joseph P. Day Realty Corp. v. Chera (308 A.D. 2d 148)- broker's complaint for commissions reinstated where questions
of fact exist as to whether broker was the procuring cause
of a commercial tenant and if there was an implied contract which arose from landlord's acceptance
of the benefits
of broker's services; broker must plead and prove a contract
of employment, express or implied, and in the absence
of an express contract, an implied contract may be established in some cases by the mere acceptance
of the labors
of the broker; broker failed to establish that it was a third party beneficiary
of lease agreement between landlord and tenant where provisions in lease merely provided for indemnification between the parties and did not expressly set forth that one party would be obligated to pay the broker's commission; indemnification provisions in the lease agreement do provide evidence
of implied contract
of employment with landlord where landlord agreed to indemnify tenant against
brokerage commission claims from all brokers including plaintiff and where, to the contrary, tenant's reciprocal indemnification excluded plaintiff; triable issues
of fact exist as to whether broker was the procuring cause where broker introduced the parties, showed the space to tenant's
representatives, was involved in weekly negotiations with the parties over the lease terms, conveyed offers
on behalf of tenant to landlord and participated in the meeting with the landlord and tenant at which the lease terms were finalized
RESA also provides that a
representative may only provide real estate services
on behalf of the
brokerage to which the
representative is licensed.
In addition to a managing broker or an associate broker, a
representative provides real estate services
on behalf of a
brokerage.
ensure that there is an adequate level
of supervision for related associate brokers and
representatives, and for employees and others who perform duties
on behalf of the
brokerage.
If a
representative is authorized to sign a listing contract
on behalf of the
brokerage, the
representative should sign his or her signature where it states: