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Um, YES, the Broker Owns the File

By
Managing Real Estate Broker with Howard Hanna Rand Realty License # 49FA1074963

The real estate forums on Facebook are often informative and engaging. And then there was tonight, where a licensee in a state where my license has reciprocity came out with this one: 

She claimed that her broker had no right to see the files on a transaction she was working on. No right. When shocked voices piped up about such an assertion, she went on to say that in her firm, files were locked away from the broker until a few days before the closing. There was some stuff about the agency relationship with the client and the "office," that exceptions could be made if there were a problem (imagine a problem coming up?) and then I got a headache.  

Wow. 

Here's the deal: In the states where I hold a license (NY and CT), every shred of paper related to a transaction file is owned by me as the broker. I not only have a right to see my firm's files, I have an obligation. 

The agency relationship the consumer has with the "office" is the agency relationship the consumer has with me as the broker. Not with the agent or associate broker. Me. THE broker. I think it is that way in all 50 states. 

I cannot think of a matter or scenario in this plane of existence where an agent's right to see, or manage a file supercedes their broker's ownership and responsibility for that very same file. 

The client belongs to the broker. 
The file belongs to the broker. 
Every piece of paper is for the broker's eyes first, last and always. 

The broker has complete and total vicarious liablilty for every action the agent takes on a file with a client or customer. Can we see the file? Folks, it belongs to me. It is my file. The client is my client. 

Yes. I can see the file. Let me rephrase that: Yes, I can see my file. 

Jon Karlen
Finish Line Realty - Louisville Ky Real Estate - Metropolitan Service Area - Louisville, KY
Louisville Kentucky real estate - Metro Area

Good points.  A lot of persons are often confused about what is "theirs" vs. their "brokers".

May 11, 2013 04:21 AM
Brian Park
Park Realty Investments - Murray, UT

My first thought was not the agents erroneous thinking but what is she doing that she doesn't want the broker to see and why hasn't she be shown the door, not someone I would even consider keeping in my office for an additional minute.

Maybe her state doesn't cover agency in their license exam or continuing ed, you just send in 3 boxtops and a check and what do you know, you get a license, but no secret decoder ring.

May 11, 2013 05:03 AM
Brad Rachielles
CENTURY 21 Peak, Ca BRE# 01489453 - Upland, CA
REALTOR, CDPE, Upland, CA

J. Philip,

There is really no good reason to read the comments as you are absolutely correct. This agent's files may be very interesting reading. What a good case for tougher license classes and testing.

May 11, 2013 05:41 AM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

That's a weird one.  Someone needs some further education.  Maybe the broker?

May 11, 2013 05:46 AM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

I have to agree with you JP. File, client, all paperwork belongs to the broker. Listing is the brokers, not the agents. She better bone up on licensure for her state.

May 11, 2013 05:55 AM
Harry F. D'Elia III
WEDO Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

Let me say it again. The Broker is in charge. One more time-Broker in Charge.

May 11, 2013 07:33 AM
Lisa Friedman
Great American Dream Realty - Essex, VT
35 Years of Real Estate Experience!

Wow, this was a very surprising post.  I would not have expected a broker ever not to be privy to every file in the office.

May 11, 2013 08:18 AM
Dick Greenberg
New Paradigm Partners LLC - Fort Collins, CO
Northern Colorado Residential Real Estate

Hi Phil - There's no question you're right, but I have known a few brokers I wish I could have kept away from the files - dangerously ignorant and ethically challenged.

May 11, 2013 08:20 AM
Gayle Rich-Boxman Fishhawk Lake Real Estate
John L Scott Market Center - Birkenfeld, OR
"Your Local Expert!" 503-739-3843

J Phil~UNHEARD OF. Ridiculous.I had no idea that someone could pull these shenanigans. My principal's broker's license is at stake with EVERY TRANSACTION I do and she pays VERY close attention to every single detail. She is my eyes and ears for Heaven's Sake!

Glad this got featured. Haven't seen you for awhile, but hey, we who are reaping the benefits of a better real estate weather pattern are happy to be busy!

May 11, 2013 09:20 AM
Eric Michael
Remerica Integrity, Realtors®, Northville, MI - Livonia, MI
Metro Detroit Real Estate Professional 734.564.1519

Phil, I can't imagine how someone could think otherwise! Sure, I keep my files in my office and most of the time my broker doesn't know what's going on unless I close on the property and turn in the paperwork. But I also know they're technically HIS clients and he can see the paperwork any time he wants to.

May 11, 2013 09:47 AM
Greg Nino
RE/MAX Compass - Houston, TX
Houston, Texas

Very strange. Yeah, our Broker owns all of our files as well. Weird how things can operate around the country.

May 11, 2013 01:02 PM
Cal Yoder
Keller Williams Elite - Lititz, PA
Homes For Sale in Lancaster PA - 717.413.0744

J Phil,

I thought you might be in a better mood after going to bed with your Harem! :)

Cal

May 11, 2013 01:35 PM
Leslie Ebersole
Swanepoel T3 Group - Saint Charles, IL
I help brokers build businesses they love.

I thought that was a pretty funny thread. 

In some ways I wanted to validate that gal's point that a broker who lists and sells has responsibilties not to interfere with agents' transactions.

If the managing broker lists and sells, I wonder what would trump...duty to supervision of an agent or duty to fiduciary to the broker's client. 

May 12, 2013 01:44 AM
Jordon Wheeler
The Jordon Wheeler Group - Fairburn, GA
J W Group Real Estate Sales and Service

Yes the broker owns the files and the responsibility that goes with the ownership.

May 13, 2013 11:28 PM
Wayne Johnson
Coldwell Banker D'Ann Harper REALTORS® - San Antonio, TX
San Antonio REALTOR, San Antonio Homes For Sale

Probably just a misunderstanding of how things really work. I imagine the agent got schooled since no one here has the same understanding as her.

May 27, 2013 02:38 PM
Dana Hollish Hill
Hollish Hill Group, JPAR Stellar Living - Bethesda, MD
REALTOR * Broker * Coach

Wow! Sounds to me like there is something missing at this office and it's most likely education, management or communication. I can't even imagine locking files away from our broker. Sounds like some training could really set this agent straight.

Jun 10, 2013 05:13 AM
Gay E. Rosen
Julia B. Fee Sotheby's International Realty - Larchmont, NY
As Real as Real Estate Gets!

Hi Phil:  Amazing! I cannot imagine in this day and age that an agent would think that.. wait a minute.. Yes I would.

 

Jun 25, 2013 02:08 AM
Marnie Matarese
DWELL REAL ESTATE - Sarasota, FL
Showing you the best of Sarasota!

Wow!  Talk about totally misunderstanding the rules.  Glad she is not with my firm!

Jul 01, 2013 11:36 AM
Carol Christiansen NYS Licensed Real Estate Broker
Cafe Realty - Katonah, NY
Live with the 3 Es – Energy – Enthusiasm – Empathy

Education..Education and some more education...

Jul 31, 2013 04:48 AM
Mona Gersky
MoonDancer Realty, Dillsboro,NC - Sylva, NC
GRI,IMSD-Taking the mystery out of real estate.

Is that agent nuts?  What on earth would possess her to discuss this stuff on fb?  How does she know members of your board aren't reading this?  Crazy.

Aug 12, 2013 02:41 PM