Is it normal for Agent to go to another office, but still handle SS??

We have been working with 2 agents from the same office in the purchase of a SS.  Agent 1 appeared to be the "point person" with Agent 2 assisting along the way (We assumed 1 didn't have as much SS experience as 2).  Anyway, we received noticed from Agent 2 that Agent 1 has left their office and now Agent 1 would be working directly with us.  We thought no problem as Agent 1 has more SS experience anyway and has been in the loop on our file all along.  But then we got an email from Agent 2 telling us what realty office he was now at, and that he would still be handling our file and providing updates.

Is this normal / or legal / or ??  They are not exclusive Buyer's Agents, but it still seems like it would be a conflict of interest to still work our file when they are no longer with the Agency that all of our paperwork is signed through? 

 

 

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Permalink Reply by Satar Naghshineh on May 4, 2012 at 8:22am

In my state of California, it is fine for one person to negotiate the short sale, regardless if they are licensed or not or belong to the same broker. I hold a broker's license, but I negotiate for other agents and brokers on their short sales. There is no conflict of interest in this unless I am acting as a principal in the transaction.

Your main issue is to see who is the broker representing the seller. Did the broker allow the agent to take the seller to the new broker or not. Listings belong to the broker.

Permalink Reply by Satar Naghshineh on May 4, 2012 at 11:49am

Thanks for the correction. You are absolutely correct.

Permalink Reply by Wendy Rulnick on May 4, 2012 at 10:20am

Tamara - Agent 2 may still be authorized to work on this transaction by the previous broker, at Agency 1.  That is often included in independent contractor agreements at real estate brokerages. You should call the Broker at Agency 1, since they are the "listing broker", and confirm who is authorized to now work on the transaction.

Permalink Reply by Ray Singhal Team, CDPE,SFR, CRS on May 6, 2012 at 1:47am

I agree with Wendy. Agent 2 is authorized to work on the transaction by the previos broker, at agency 1. That is often the case. The listing belongs to the broker and as long as he/she authorizes, it is perfectly legal. This is included in the Independent contrcator agreement.

Permalink Reply by Thom Colby CA Brkr 888-391-5245 on May 6, 2012 at 2:12am

It's  a lot more common than most people think for an agent to change brokerages and still continue to finish-up files from their prior brokerage.  Thsi is only allowed if the BROKER allows it. 

 

Make sure the agent handling your file is authorized to do so by the Broker.

 

Best of luck !

Permalink Reply by Tamara Vannest on May 6, 2012 at 5:32am

Thanks everyone.  I spoke to the other Agent at the original Broker's office and apparently Agent 1 was not supposed to take the file with them......he related that the 2 Broker's of the 2 offices are "working it out".  Not sure what that means going forward, but for now we are keeping communications funneled through Agent 1 at original Broker office. 

Permalink Reply by Ray Singhal Team, CDPE,SFR, CRS on May 6, 2012 at 5:43am

That does make sense. You have the right approach! Best wishes and good luck!

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