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Evelina Tsigelnitskaya (SIB Realty)

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Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

I have worked in a brokerage like that. The owner, nor the broker of record were competing. However, the owner's children were licensed and did receive all of the owner's referrals. That created a bit of animosity between the agents and his/her children.

I also owned my own brokerage and hired brokers of record in two offices. I was, however, a competing broker/owner. All company leads were dispersed by the broker of record, not the owners. That alleviated any issues with the fact that the owners were competing.

Jul 11, 2018 11:42 AM
Rainmaker
1,727,856
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

Per Florida Real Estate Law

Section 475.15
Registration and licensing of general partners, members, officers, and directors of a firm.—
Each partnership, limited liability partnership, limited liability company, or corporation whichacts as a broker shall register with the commission and shall renew the licenses or registrations of its members, officers, and directors for each license period. However, if the partnership is a limited
partnership, only the general partners must be licensed brokers or brokerage corporations registered pursuant to this part. If the license or registration of at least one active broker member is not in force, the registration of a corporation, limited liability company, limited liability partnership, or partnership is canceled automatically during that period of time.
Jul 11, 2018 11:28 AM
Ambassador
2,684,569
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

What Sandy Padula and Norm Padula, JD, GRI said about Florida Statute 475.15.

     A real estate "agent" cannot open a real estate brokerage in our state by herself or himself.  There must be at least one active Broker of record to serve as a member, officer or director of the corporation, partnership, LLC, LLP, or other business entity.  See my additional remarks below.

 

Jul 11, 2018 11:58 AM
Rainmaker
1,598,452
Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty Condos for Sale and Rent

I think its inappropriate.

Who is the Boss now?

Broker or Owner/Agent?!

Jul 11, 2018 11:26 AM
Rainmaker
413,977
Lisa Heindel
Crescent City Living LLC - New Orleans, LA
New Orleans Real Estate Broker

It's actually an awesome solution for a high producing agent that wants to go out on their own without the day to day broker responsibilities. Hire a pro and keep doing what they're good at. 

Jul 11, 2018 01:53 PM
Rainmaker
1,505,503
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Nothing wrong with that.  One of my good friends has been doing that since the 80s.

Jul 11, 2018 01:50 PM
Rainmaker
765,873
Tony Lewis
Summit Real Estate Group - Valencia, CA
Summit Real Estate Group Valencia & Aliso Viejo

It seems like that is the most often used practice.

Jul 11, 2018 12:08 PM
Ambassador
3,348,879
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

It is not something I would do.  I would, and did, get my broker license. 

Jul 11, 2018 11:52 AM
Rainmaker
715,307
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

Happens in our market.  Works if there is a clearly defined job description. Typically the managing Broker will not sell, but the owner/agent is a competing agent. In two local cases, I see one working well, and in another case, the managing Broker keeps getting fired over and over again.

Jul 11, 2018 11:51 AM
Rainmaker
1,712,776
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Too little information. 

Jul 11, 2018 11:49 AM
Rainmaker
4,898,253
Richard Weeks
Dallas, TX
REALTOR®, Broker

I don't think it is a good idea.  I know some brokers that will be the broker of record for as many owners who wish to pay them.  The agents are not properly supervised.

Jul 11, 2018 11:34 AM
Rainmaker
2,221,377
Anthony Acosta - ALLATLANTAcondos.com
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

Happens all the time. 

Jul 11, 2018 05:14 PM
Ambassador
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Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Running a business and doing the brokerage work are two different activities and we have plenty of great people doing both in our company.

How it is structured is between them and the state, I just concentrate on leading my teams and let them provide a great environment for us to thrive in.

Jul 11, 2018 04:57 PM
Rainmaker
1,231,853
Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

Check state law.  It's legal in PA.

Jul 11, 2018 02:22 PM
Rainmaker
1,055,762
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

You mean, the office is owned by a licensee but a managing broker is designated. Happens.
I've also seen a broker SELL their business to one of their agents who then gets licensed as DB and the former owner remains on as an agent under them.
There are many reasons to do this - they want to be free to travel or semi-retire, they want to free up cash for another project, etc, etc.
Being the DB requires that you assume liability and you're where the buck stops. The company is not without liability, though. A lot depends on structure.

I know successful agents, team leaders doing essentially the same duties, who could, are smarter than, but would NEVER want to be 'the broker'.
It ain't for everyone.

Jul 11, 2018 01:45 PM
Rainer
429,922
J.R. Schloemer
Kentucky Select Properties - Louisville, KY

We had an office here where a licensee opened the company and hired a Principal Broker. The office had two PB’s prior to the licensee obtaining a broker license. The haves keep having more. 

Jul 11, 2018 01:29 PM
Rainmaker
1,624,653
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

It happens here in CA. Depends on the relationships, if everyone works as a team and clearly understands their roles, no issues should be. 

Jul 11, 2018 01:07 PM
Rainmaker
1,204,786
Peter Mohylsky, Beach Expert
PMI. Destin - Miramar Beach, FL
Call me at 850-517-7098

Not a good situation,  as stated many times before me.  

Jul 11, 2018 12:59 PM
Rainmaker
2,784,116
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

many ways to skin the Real Estate cat...this be one of them

Jul 11, 2018 12:51 PM
Rainmaker
7,860,241
Roy Kelley
Retired - Gaithersburg, MD

Follow the rules in your state.

Jul 11, 2018 12:25 PM
Rainmaker
5,110,554
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Agents cannot own firms... they have to be brokers and also complete the broker-in-charge licensing.

Jul 11, 2018 12:21 PM
Rainmaker
716,529
Richard Bazinet /MBA, CRS, ABR
West USA Realty - Scottsdale, AZ
Phoenix Scottsdale. Sellers, Buyers & Relocations

 Sounds ok with me. If you follow what's going on with the courts, supervising brokers will eventually be a thing of the past.

Jul 12, 2018 06:09 AM
Rainer
2,470
Michael Partridge
Rabell Realty Group, LLC - Gainesville, FL
REO Director

I think you better have a really good relationship like Father Daughter

 

Jul 12, 2018 06:09 AM
Rainmaker
4,272,834
Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

I like Debe Maxwell, CRS answer

Jul 11, 2018 10:50 PM
Rainmaker
544,014
Dave Halpern
Dave Halpern Real Estate Agent, Inc., Louisville, KY (502) 664-7827 - Louisville, KY
Louisville Short Sale Expert

It allows the owner to work on strategy and growth while the broker deals with personnel and compliance issues.

Jul 11, 2018 10:19 PM
Rainmaker
3,988,013
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

That is done in my area. Owning a company can be a source of income and brokering could be a distraction for a really busy agent and cut into sales time.

Jul 11, 2018 06:23 PM
Rainmaker
5,583,328
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

in MA, agents cannot open an office.....they need to hang their shingle with a broker....

Jul 11, 2018 04:30 PM
Rainmaker
4,174,342
John Pusa
Glendale, CA

Evelina Tsigelnitskaya once I associate with an office the broker was not the owner.

Jul 11, 2018 04:27 PM
Rainmaker
5,235,760
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

The agent, money man, should get a broker’s license. Renting someone else’s is becoming more common for certain brokerages. Soon lessons will be learned.

Jul 11, 2018 04:00 PM
Rainmaker
921,504
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

I think a real estate agent can own as much stock in a brokerage as they wish.

You really don't want to create a tail wagging the dog situation.

But ALL the biggies started somewhere.

Jul 11, 2018 01:26 PM
Rainmaker
2,071,025
Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL

Thank you to all for all your answers. 

I don't believe in that type of "brokerage". 

If the agent hires avprincipal broker, sooner or later, it won't work. I have been witnessed five of them and none of them worked out. 

Only 1 solution - if you are a real estate agent and want to open real estate company - GET A BROKER'S LICENSE. You already archive so much, just one more step - get a broker's license! Invest in yourself and be a boss!

Jul 15, 2018 03:26 PM
Rainmaker
5,876,323
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

We see this around here too.

Jul 15, 2018 06:38 AM
Rainmaker
3,071,489
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

No issue

Jul 14, 2018 05:39 AM
Rainmaker
4,956,893
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Wow, Interesting,  I would wonder which one is the boss or the real broker!

Jul 12, 2018 11:10 AM
Rainmaker
4,800,132
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I don't have a problem with this as long as everything is done legally.

Jul 12, 2018 06:46 AM
Rainmaker
4,434,177
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

I have seen it in my area. The real estate agent is an investor and opened his office abd hired a broker of record with a broker's license.

Jul 12, 2018 05:02 AM
Rainmaker
4,319,773
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Not healthy for sure, Evelina Tsigelnitskaya

Jul 11, 2018 11:28 PM
Ambassador
5,059,195
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

It's not something I would do but seems to me you could, based on the responses. Not that familiar with the CA laws. Interesting question...

Jul 11, 2018 05:31 PM
Rainmaker
1,321,484
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

The following quote is from the most recent issue of the monthly newsletter from the State of California Department of Real Estate:"...

"...we continue to see brokers who abuse their license privilege by acting as “ghost” or “shadow” brokers (also referred to by us as “rent-a-brokers” or “brokers for lease”). Those brokers provide very little or no supervision, or simply (and unlawfully) “rent” or “lease” the use of their broker license to salespersons who in turn operate a real estate practice without any broker supervision as if they were real estate brokers. Such “ghost” brokers put themselves, their salespersons, and the public, at great risk."

Jul 11, 2018 03:31 PM
Rainmaker
5,772,575
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Evelina,

You have great answers here, and there is nothing more I can add to this.  Wishing you great success in Sunny Isles, Florida. A

Jul 11, 2018 02:20 PM
Rainer
86,514
Mike Kelly,CRS,CIPS
The MJKelly Team - Santa Rosa, CA
"One of Sonoma County's Natural Resources"

Number 1 question--WHY? At KW we have mega teams which are basically offices unto themselves but working under a broker. Question 2--an agent can't OPEN their own company WITHOUT a broker! There are all sorts of different models out there. At KW we have mega and expansion teams which work in many cities across the nation. I think the industry is getting away from the BIG company umbrellas and going lighter in their market share but aggressive in their technology. 

Jul 12, 2018 08:34 PM