“Can two separate brokerages with no affiliation co-list a property together with two listing agents—one from each brokerage?”
July 11, 2023
Q: Can two separate brokerages with no affiliation co-list a property together with two listing agents—one from each brokerage?
A: Yes. There is no law or regulation prohibiting this conduct, but this arrangement raises some important issues.
Virginia law requires supervising brokers to “exercise reasonable and adequate supervision” over their associate brokers and salespersons. (VA Code § 54.1-2110.1.) While supervising brokers may designate other brokers to assist in administering their duties, that does not relieve supervising brokers of any responsibility. Brokers should also review the duties imposed by 18VAC135-20-165.
Brokers need to consider that the other broker, their agents, and their employees can impact the mutual client. If the other broker fails to adequately supervise, you may be liable for harm to your mutual client. Additionally, if the co-listing agreement is poorly drafted, there may be confusion about compensation structures and the roles and responsibilities of each broker. It is recommended that a competent attorney draft such an agreement.
What is the Legal Hotline?
The Legal Hotline is a member benefit that has been supporting members for over 25 years. Our team of lawyers answers your important questions about real estate transactions quickly and accurately (usually within three business hours!).
Here are some tips to help make the Legal Hotline work for you!
You might also like…
RESPA Resources for YOU
By Santiago Montalvo - December 4, 2024
It’s that time of year again, the time everyone cherishes. I’m talking about checking your mailbox for boiled peanuts, of course. Legally speaking, what are boiled peanuts? A… Read More
“I am the agent for a husband and wife, but the wife has gone into hospice. What do I need to do?”
By Jon Haley - December 3, 2024
*Please note: Any questions regarding Legal Hotline Spotlights should be submitted via the Virginia REALTORS® Legal Hotline. Our attorneys are unable to respond to questions through our comments section. Q:… Read More
When it Comes to Properties, What Does “AS-IS” Really Mean?
By Sean Olk - November 25, 2024
Sometimes when a property is listed for sale, it is advertised “As-Is,” but there may be some confusion as to what this term actually means. Some may believe… Read More