12/02/2011

Commission sharing to the colorums

QUESTION: Are all Real Estate Agents who have no registration in PRC colorum and illegal? How about referral agents? What do you think about the Code that Brokers are not supposed to share commission to the unlicensed?

ANSWER: No. Of all the many types of real estate agents, in terms of title, only those who carry the professional title of "Broker" and "Salesperson" are required to get registered in PRC. The FSBOs (Dealers and Direct Sellers) and holders of non-remunerative Special Power of Attorneys (SPA) don't need PRC license.

The Referral Agents sell leads information only, they don't act as agent in sellling or buying real estate, so they don't need to get PRC License. The code is correct, the unlicensed must not be included in the commission recipients of the agency contract, but the code does not mean that Brokers cannot share their income to their support environment (such as referrals, drivers, documenters, linkages, government contacts, families, friends).

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