WHEN YOUR REAL ESTATE BROKERAGE SHUTS DOWN

Similar documents
Real Estate Council of Alberta Information Bulletins

DEALING WITH UNREPRESENTED SELLERS REAL ESTATE

GUI DE T O COM PL AI N T S REL AT E D TO UN AUTHO RIZE D PR AC TIC E

The 15 Step Guide. To Successfully Buying Property In Queensland. Telephone: (07)

Real Estate Council of Ontario DISCIPLINE DECISION

ALABAMA REAL ESTATE COMMISSION ADMINISTRATIVE CODE CHAPTER 790 X 3 DISCIPLINARY ACTIONS TABLE OF CONTENTS

Effective October 1, 2014

GUI DE T O COM PL AI N T S : IN D UST R Y P R O FE SS ION ALS

NEW JERSEY ADDENDUM. However, the language of that notice is hereby included as a convenience for the buyer:

Finding the Home & Getting Prepared for the Offer Process

ALABAMA REAL ESTATE COMMISSION ADMINISTRATIVE CODE CHAPTER 790-X-3 DISCIPLINARY ACTIONS TABLE OF CONTENTS

Easy Legals Avoiding the costly mistakes most people make when buying a property including buyer s checklist

Session 7: Colorado Test Prep Questions 1 38 (rev. 01/2017)

RESIDENTIAL MEASUREMENT STANDARD

1. THE REAL ESTATE CAREER

Who selects an escrow provider?

Real Estate Council of Ontario DISCIPLINE DECISION

NEW 111 Agreement of Purchase and Sale POTL Common Elements Condominium

Effective October 1, 2014

This bulletin applies to real estate brokerages, brokers, associate brokers, and associates.

GET TO KNOW THE ROLE OF REAL ESTATE AGENTS. For Use in the State of Maryland

SBAOR REALTOR Membership Application Process

Real Estate Lawyers: What you need to know about condominium and common element warranty coverage

APPLICATION FOR REALTOR MEMBERSHIP

Policy Statement. Purpose. Scope. Legislative Authority. Definitions. Policy Title: Collection of Outstanding Property Taxes Policy Number:

LEASES - REMEDIES AND REQUIREMENTS IN BANKRUPTCY

OREA Standard Forms & Clauses Revisions Update 2016

Mortgage Bonds and Conveyancing. March 2017

Presale Transaction Cross Reference List. (For Multifamily Residential)

Change. By Blake Hegeman and Andrew Kantor

Great Plains REALTORS MLS New policy regarding the timely processing of MLS listings

Real Estate Council of Ontario DISCIPLINE DECISION

Selling your property?

Greater Central Louisiana REALTORS Association, Inc. Multiple Listing Service EXCLUSIVE RIGHT TO REPRESENT OWNERS/SELLERS

How to Sell Your Home in a Short Sale

Bendigo and Adelaide Bank Limited

PURCHASES AND SALES OF HOMES PREPARATION FOR CLOSING CLOSING POST CLOSING MATTERS

Broker FAQ s Solid Source Companies

General Brokerage Terms and Conditions for Consumers

New Zealand Residential Property Sale and Purchase Agreement Guide. This guide has been prepared and approved by the Real Estate Agents Authority

MINISTRY OF HOUSING Guide for Service Manager Consents under the Housing Services Act, Questions and Answers

$140,000. LAND 56 +/- Acres. Abbeville County, SC. Bill Hueble Office: Cell: Fax:

Spinler Farms Dispersal

[SOMLS RULES AND REGULATIONS] November, 2011

THE OFFER TO PURCHASE

Real Estate Council of Ontario DISCIPLINE DECISION

Shoemaker & Besser Associates, Inc West Market Street, York, Pennsylvania (800) Fax (717)

RULE OF THE SUPERINTENDENT OF REAL ESTATE. Real Estate Services Act ANNOTATED VERSION

IN THE MATTER OF THE REAL ESTATE SERVICES ACT S.B.C. 2004, c. 42 AND IN THE MATTER OF AMYN SOMANI (158296) AND KAZAWEST SERVICES INC.

Buying Time Shares. General information about time shares

Miriam J. Baer, Executive Director

$265, /- Acres. Loudon County, TN. Thomas Krajewski Office: Cell: Fax:

IN THE MATTER OF THE REAL ESTATE SERVICES ACT S.B.C. 2004, c. 42 AND IN THE MATTER OF DAN LAZAR (134284) CONSENT ORDER

Agreement of Purchase and Sale

NZQA registered unit standard version 4 Page 1 of 6

Guide to Personal Property Rendition

MLS: EVOLVED Q&A FOR BROKER AND AGENTS

ROANOKE VALLEY ASSOCIATION OF REALTORS

Mortgage Broker e-info Newsletter Issue Issue 4 7

CHAPTER Council Substitute for House Bill No. 643

Common mistakes people make when moving house ( and how to avoid them)


$110, /- Acres. Cocke County, TN REDUCED

Downsizing! REAL ESTATE COMMISSIONS AND FEES MAY VARY 5 KEY WAYS THE REAL ESTATE MARKETPLACE HAS CHANGED

REPORTS ON TITLE. 2. Meet with the clients, in advance of the closing, to show them the title, explain the title to them;

$141, /- Acres. Kershaw County, SC REDUCED. National Land Realty 3610 Landmark Drive Ste G Columbia, SC

COLORADO POLICY AND PROCEDURES MANUAL REALTY K E D I T I O N

Upcoming RASM Education Courses

Security over Collateral. CANADA BRITISH COLUMBIA Farris, Vaughan, Wills & Murphy LLP

APN News and Media Limited. Long Term Incentive Plan Rules

The Homestead Act. Questions. and Answers. Massachusetts General Laws, Ch. 188, William Francis Galvin Secretary of the Commonwealth

Unit 26: Business Law

Pacific Union International Referral, Inc. Guidelines and Independent Contractor s Agreement

$69, /- Acres. Sevier County, TN. Thomas Krajewski Office: Cell: Fax:

Vendor Financing for Realtors/Builders

Escrow Basics. Chapter 6. Learning Objectives

AMENDED FINAL PURCHASE AND SALE AGREEMENT

Section 13 IDX Defined: IDX affords MLS participants the ability to authorize limited electronic display of their listings by other participants.

AGREEMENT OF PURCHASE AND SALE *

I. LICENSING & TRANSITION

Sales Associate Course

SOUTH BAY ASSOCIATION OF REALTORS

Effective October 1, 2014

GENERAL TERMS AND CONDITIONS OF QUOTATION & SALE

AGREEMENT FOR SALE AND PURCHASE OF SHARES. Relating to MyKRIS Net (MSC) Sdn. Bhd. and MyKRIS Asia Sdn. Bhd. 1. MYKRIS LIMITED

LOUISIANA REAL RULES AND REGULATIONS (As amended through June 2017)

$834, /- Acres. Chesterfield County, SC REDUCED. National Land Realty 3610 Landmark Drive Ste G Columbia, SC

ROGER K. SHERRILL, R.E. TUTOR, ALL TRUE NEVADA LAW

Legal. Terms of Trade Insync Technology. Version v1.1 Wednesday, 6th December 2017 Commercial in Confidence. Level 2 76 Skyring Terrace Newstead 4006

Promoting Free and Open Competition

(4) persons who may be entitled to exempt property

UNIT 12. FINTRAC AND THE PRIVACY CODE

$89, /- Acres. Bamberg County, SC REDUCED. National Land Realty 3610 Landmark Drive Ste G Columbia, SC

CONDITIONS OF SALE FOR IMMOVABLE PROPERTY. whereby

REAL ESTATE PURCHASE AND SALE CONTRACT

Escrow Agreements. What You Need to Know to Make Your Deal Successful

EXCLUSIVE RIGHT TO REPRESENT OWNERS/SELLERS

CARTUS AFFINITY SERVICES HOMEFINDING REFERRAL GUIDE Report Key Points to Discuss with Customer

Request for Proposals University Park, SIUE, Inc.

Consumer s Guide to Title Insurance and Escrow Services

Transcription:

WHEN YOUR REAL ESTATE BROKERAGE SHUTS DOWN Purpose: This bulletin explains the steps real estate professionals should take when their brokerage has shut down or their brokerage announces it will shut down. This bulletin is about licensing and client services. This bulletin applies to all real estate professionals. As a real estate professional, you have responsibilities when your real estate brokerage is no longer licensed (is shut down) or when your brokerage announces it is going to shut down. The reason for the brokerage failure does not affect your responsibilities. To ensure you are registered with a brokerage and you meet client expectations, you must take certain steps. RECA Licensing You can only be registered with one brokerage at a time. You cannot register with a new brokerage until you are no longer registered with your original brokerage. Your registration with a new brokerage depends on whether your original brokerage has already shut down or has announced it will shut down. If your brokerage is not licensed and has shut down, your registration with that brokerage cancels automatically. You can immediately transfer to a new brokerage. You and your new brokerage will use the myreca licensing system to process your registration. If your brokerage announces it is shutting down and you would like to register with a new brokerage If your original brokerage is still licensed, your registration with that brokerage must be cancelled before you can register with a new brokerage. Using the myreca licensing system, you can cancel your registration with your original brokerage, your original broker can cancel it or your new broker can cancel it. If you cancel your registration with your original brokerage, or if your original broker cancels your registration, your new broker can start your reregistration application with the new brokerage. 1 of 5

If your new broker cancels your registration from your original brokerage, this will initiate your transfer application to the new brokerage. Remember: if your brokerage has shut down and is not licensed, you cannot trade in real estate if you are not registered with a new brokerage. If your brokerage is shutting down and is still licensed, ensure you do not cancel your registration with your original brokerage until you finalize arrangements for registration with a new brokerage. Client service After you have transferred to a new brokerage, you must help your clients from your original brokerage transition to your new brokerage. The service agreement is always entered into with the brokerage. There will be new documents to prepare and sign. The steps you take will depend on your client s stage in the transaction. After the service agreement with the brokerage is signed, there are three distinct stages: 1. buyers and sellers have not yet entered into a purchase contract; 2. buyers and sellers have a conditional purchase contract; or 3. buyers and sellers have a firm sale, which has not closed RECA 1. Buyers and Sellers have not yet entered into a purchase contract As soon as a brokerage is no longer licensed, all of its service agreements with clients, both buyers and sellers, immediately end. After registering with a new brokerage, you need to obtain new service agreements so your new brokerage can work with your former clients. If your original brokerage is a designated agency brokerage and you transfer to a new brokerage, your clients can do one of two things: i) request your original brokerage appoint a new designated agent to fulfill the terms of their buyer or seller representation agreement with your original brokerage; or ii) not request a new designated agent and the clients representation agreement with your original brokerage ends. If the representation agreement ends, you can enter into a new representation agreement with these clients at your new brokerage. If your original brokerage is a common law brokerage, and you transfer to a new brokerage, your clients representation agreements continue with your original brokerage. They are no longer in force if the agreements end or the brokerage is no longer licensed. You likely want to bring clients with you when you register with a new brokerage. To do this, your original brokerage can end the clients representation agreements and facilitate the transfer of client brokerage files to your new brokerage. Or, with the 2 of 5

broker s co-operation before you transfer to a new brokerage, you can terminate your client s representation agreement with your original brokerage. The clients need to provide permission for your original brokerage to transfer their file to your new brokerage. Remember: you can only be registered with and act for one brokerage at a time. For this reason, you cannot enter into new service agreements with your clients for your new brokerage until the clients service agreements with your original brokerage have ended. 2. Buyers and sellers have conditional purchase contracts If your original brokerage is no longer licensed, you will not need an amendment to transfer the deposit to your new brokerage. If the brokerage was holding a trust deposit for a transaction in which you were involved, you will need to have the parties to the purchase contract (the buyers and sellers) agree to and execute an amendment to the purchase contract directing the trust funds to be transferred to a new brokerage; either your new brokerage or the brokerage representing the other party in the transaction. RECA Make sure you keep the other parties representative informed about your brokerage and your contact information. If the buyer wants to waive conditions, their representative will be responsible for communicating that waiver to you. Your new contact information will be important. When your brokerage shuts down and there is a pending transaction, you need to amend the representative notice and communication section of the purchase contract to reflect your new brokerage Your brokerage represents the buyer When you represent a buyer and the seller s brokerage is holding the deposit in trust, nothing further needs to happen. You will want to keep the seller s representative informed about your brokerage and your contact information. Your brokerage represents the seller If you transfer to a new brokerage while your original brokerage is still licensed, and your original brokerage is holding the buyer s deposit, you will likely want an amendment to the purchase contract to transfer the deposit to your new brokerage. To do this, once your original brokerage has terminated its service agreement with the seller and the seller has entered into a new service agreement with your new brokerage, you need to seek an amendment 3 of 5

from the buyer and seller to the terms of trust in the purchase contract to move the deposit to your new brokerage. If either the buyer or seller does not agree to move the deposit to your new brokerage, the buyer and seller may agree to another trustee such as the other real estate brokerage, one of the lawyers, etc. When your brokerage is shutting down and there is a pending transaction, you need to amend the representative notice and communication section of the purchase contract to reflect your new brokerage. 3. Buyers and sellers have a firm sale, which has not yet closed The steps to follow when there is a firm sale which has not closed are generally the same as when there is a conditional transaction. RECA If your original brokerage is no longer licensed, you will not need an amendment to transfer the deposit to your new brokerage. If the brokerage was holding a trust deposit for a transaction in which you were involved, you will need to have the parties to the purchase contract (the buyers and sellers) agree to and execute an amendment to the purchase contract directing the trust funds to be transferred to a new brokerage; either your new brokerage or the brokerage representing the other party in the transaction. Because the transaction has not closed, you need to amend the representative notice and communication section of the purchase contract to reflect your new brokerage and contact information. If your original brokerage is still licensed and is holding the buyer s deposit in trust, you need to seek an amendment from the buyer and seller to the terms of trust in the purchase contract to move the deposit to your new brokerage. If either the buyer or seller does not agree to move the deposit to your new brokerage, the buyer and seller may agree to another trustee such as the other real estate brokerage, one of the lawyers, etc. Because the transaction has not closed, you need to amend the representative notice and communication section of the purchase contract to reflect your new brokerage and contact information. RECA s role A brokerage continues to have a number of responsibilities to RECA when it is shutting down or has already shut down. Firstly, the brokerage/broker must keep all brokerage records for a minimum of three years from original date. Secondly, the brokerage must complete a closing audit. Most brokerages hold client trust funds. RECA s primary concern is consumer 4 of 5 protection and its role is to ensure consumer funds are protected.

A brokerage must also advise RECA of its trust account arrangements and any other brokerage obligations. These could include contract assignments to another brokerage and making payments. If a brokerage shuts down because of financial reasons or bankruptcy, RECA is not involved with creditor or court issues. Related information Legislation Real Estate Act Rules section 41(b) myreca tutorials RECA 5 of 5