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To become licensed, most states require that an applicant take a minimum
number of classes before taking the state licensing exam. Such education is
often provided by real estate brokerages as a means to finding new agents.
In
many states, the real estate licensee (acting as an agent of a broker) must
disclose to prospective buyers and sellers who represents whom. See below for a
broker/licensee relationship to sellers and their relationship to buyers.
While some people may refer to any licensed real estate agent as a real estate
broker, a licensed real estate agent is a professional who has obtained a real
estate broker's license. The licensee is one who has obtained a real estate
license and is employed by a real estate broker. Often, licensee's refer to
themselves as an "agent", but the true agent is the broker and the licensee is a
representative of the broker, often referred to as the real estate
"salesperson." A real estate broker who works for another broker is referred to,
sometimes, as a junior broker.
After gaining some years of experience in real
estate sales, a salesperson may decide to become licensed as a real estate
broker (or Principal/qualifying broker) in order to own, manage or operate their
own brokerage. In addition, some states allow college graduates to apply for a
broker license without years of experience. College graduates fall into this
category once they have completed the state required courses as well. California
allows licensed attorneys to become brokers upon passing the broker exam,
without having to take the requisite courses required of agent. Commonly more
course work and a broker's state exam on real estate law must be passed. Upon
obtaining a broker's license, a real estate agent may continue to work for
another broker in a similar capacity as before (often referred to as a broker
associate or associate broker) or take charge of his/her own brokerage and hire
other salespersons (or broker) licensees. Becoming a branch office manager may
or may not require a broker's license. Some states such as New York allow
licensed attorneys to become real estate brokers without taking any exam. In
some states, such as Colorado, there are no "salespeople", as all licensees are
brokers.
This is an agreement whereby the property is available for sale by
any real estate professional who can advertise, show, or negotiate the sale.
Whoever first brings an acceptable offer would receive compensation. Real estate
companies will typically require that a written agreement for an open listing be
signed by the seller to ensure the payment of a commission if a sale should take
place.
Although there can be other ways of doing business, a real estate
brokerage usually earns its commission after the real estate broker and a seller
enter into a listing contract and fulfill agreed-upon terms specified within
that contract. The seller's real estate is then listed for sale, frequently with
property data entered into an MLS in addition to any other ways of advertising
or promoting the sale of the property.
In most of North America, where
brokers are members of a national association (such as NAR in the United States
or the Canadian Real Estate Association), a listing agreement or contract
between broker and seller must include the following: starting and ending dates
of the agreement; the price at which the property will be offered for sale; the
amount of compensation due to the broker and how much, if any, will be offered
to a co-operating broker who may bring a buyer. Without an offer of compensation
to a co-operating broker (co-op percentage or flat fee), the property may not be
advertised in the MLS system.
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