Laws for consumer representation by DRE brokers need consistency. Litigation will pull in the courts to definitively establish the conduct required of tenant brokers to earn and collect a fee. In the meantime, brokers need to do everything in their power to protect the fee they and their agents expect to earn.
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See how the use of a written tenant representation agreement by the tenant broker assures collection of a fee whether the user acquires a fee or leasehold interest in a property — the tenant representation agreement covers the broker in both circumstances.
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2025 legislation requires a buyer agent to enter into a written representation agreement with their buyer seeking to acquire a fee interest in real estate. But is a commercial tenant’s acquisition of a leasehold interest also targeted? This three-part series is engineered to fully address every facet of this question commonly asked by our readers and students.
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Learn to conduct a transaction as a buyer agent when a seller breaches the purchase agreement with a buyer, discuss remedies available to the buyer and review money losses the buyer may recover on a seller’s breach.
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Learn to appreciate a safety clause provision in exclusive representation agreements as assurance a fee is earned after expiration when your client sells or buys due to your efforts during the employment.
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Learn to protect your broker’s right to collect a fee when a seller-client removes their property from the market or cancels the representation agreement.
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Retain a client and earn a fee as an exclusive agent whether the client acquires a leasehold or fee interest.
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Learn the obligations of a seller and their broker under an exclusive seller representation agreement and whether a buyer is ready, willing and able to buy when submitting an offer to purchase.
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Review the historical and current practice of a buyer broker to earn and be paid their fee on a transaction when representing a buyer-client.
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A landlord and tenant may agree to grant the tenant a right of first refusal in an addendum to the lease agreement using RPI Form 579.
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How does a buyer broker or agent conduct discussions with a seller broker without falling back into consumer-unfriendly methods for representation and fee-setting?
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The tenant representation agreement employing a broker to acquire a leasehold interest in a property is the leasing equivalent to the buyer representation agreement to acquire a fee interest.
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Learn the difference between exclusive and open client representation agreements and understand the use of exclusive representation agreements as best practice for client representation.
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The new buyer representation rules have an application which may surprise some brokers – the negotiated, written representation of commercial tenant clients.
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A buyer representation agreement runs with the broker, not the agent.
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A seller broker’s tortious interference with the fee arrangements between the buyer and the buyer broker is as imprudent as whacking a hornet’s nest.
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See how to use the Seller’s Net Sales Proceeds form and Buyer’s Acquisition Cost Sheet form to clearly present the financial consequences of a transaction to your seller or buyer.
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As buyer representation evolves professionally in California, dual agency provides a workaround for improper brokerage practice and excess fees.
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This episode depicts the new negotiating power buyer brokers use to protect their fee – and mitigate business risk.
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A buyer broker uses RPI Form 151 when preparing an offer to purchase income-producing real estate, excluding one-to-four unit residential property.
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