Commissioner Judy Lowe Interview Jim SextonAAR President Sexton recently spent time with ADRE Commissioner Lowe discussing industry issues. This is the third in a series of articles on what they discussed. Make sure to read parts one and two as well!

Teams, Transaction Coordinators, and Assistants

The ADRE is focused on teams, transaction coordinators, and unlicensed assistants. If you are a part of a team or utilize the services of a transaction coordinator or assistant, make sure that you comply with the ADRE rules.

When it comes to team names, there are no regulations as far as the ADRE is concerned. In other words, real estate teams are not officially recognized entities in either Arizona statute or rule. Consequently, naming conventions and rules pertaining to teams are left to the broker. The ADRE is nonetheless clear that team names must not create the impression that the team is an independent entity or separate from the employing broker. The use of the words “Group” or “Associates” should be avoided because it creates the impression of a brokerage rather than a team. Furthermore, in choosing a team name, the Commissioner’s Rules dictate that the team name cannot be deceptive as salespersons and brokers are prohibited from creating misleading impressions.

The same advertising rules apply to teams and individual licensees, meaning that all team advertising must clearly and prominently display the employing broker’s name. For more information on real estate advertising guidelines review the Real Estate Advertising Rules & Guidance. In addition, the ADRE Substantive Policy Statement (SPS) on Advertising can be found on the ADRE website here.

The ADRE has received multiple inquiries and questions in regards to using non-local transaction coordinators. Transaction coordinators can only work for one brokerage as they need to be a licensee and a licensee can only hang their license with one broker. Can the coordinator live out of state? Yes, but they must be licensed in Arizona. It is possible to share a transaction coordinator, but all licensees must be members of the same brokerage firm.

The ADRE is also seeing numerous incidents of unlicensed assistants completing tasks that require a real estate license. Review the SPS on unlicensed assistants on the ADRE website here for what an unlicensed assistant can do. To help with these questions, AAR will be working on additional materials and resources to educate members on the dos and don’ts of utilizing assistants.

This concludes the articles arising from the first meeting between President Sexton and Commissioner Lowe, but each have the intentions of making these conversations a regular event. This would lead to both parties being able to discuss current and future needs and issues.

Stay tuned for more updates and information and many thanks to Commissioner Lowe for her time and help in educating our members.

 

{ 0 comments }

Our Risk Management and Dispute Resolution team was busy last year, helping members avoid and resolve conflicts. Wonder how we did? Here are just a few highlights for 2014 along with some information on our dispute resolution services!

2014_Professional_Standards_Infographic-(low-res)-01

{ 0 comments }

Safety Updates [April 2015]

April 20, 2015

Police have arrested a man for allegedly attacking a real estate agent during a March 15th open house of a home for-sale in Gilbert, Ariz. Police say Michael Malcolm Workman, 47, is facing charges on suspicion of kidnapping and sexual assault. See the full report from REALTORMag here. There have been new reports of a […]

Read the full article →

SB 1368 Passes and Protects REALTORS® From Extra Fees

April 19, 2015

You make the decision to become a REALTOR®, obtain all the necessary education, pass the examination and pay your licensing fees. You hang your license with a broker and off you go to begin your career representing buyers and sellers! Then all the sudden you are notified that you must now obtain an additional business […]

Read the full article →

Arizona REALTORS® Save You Time and Your Clients Money

April 16, 2015

  Imagine you are a property manager and a client calls to tell you that they just received a bill from the city for a past tenants utility usage. Or you are representing a buyer in a transaction and the buyer is informed that he or she must pay the past homeowners private water and […]

Read the full article →

Interview with ADRE Commissioner Judy Lowe: Part Two

April 15, 2015

AAR President Sexton recently spent time with ADRE Commissioner Lowe diving into what causes the ADRE phones to ring, the most common advertising complaints, what’s putting REALTORS® and consumers at risk and many more topics. This is the second in a series of articles on what they discussed. See part one here and part three […]

Read the full article →