ARG Supervision & Broker Review
- All documents must be submitted to The Broker within 48 hours after receipt by Sale Associate into Skyslope.
- The Broker will review the document for completeness and accuracy. Any incomplete or incorrect documents must be corrected and returned to The Broker within 48 hours after review.
- Consult with The Broker if you are not sure how to maintain a proper file so we can help guide you properly.
- The Broker has a duty to supervise all Sales Associates contracted by The Broker.
- The supervision obligation includes establishing policies, rules, procedures, and systems to review, oversee, inspect, and manage all transactions and advertising that require a license, documents that may have a material effect on the rights or obligations of a party to the transaction, the handling of trust funds, and reports of the activities of Sales Associate.
- The Broker may use the assistance of employed sale managers as long as The Broker retains the overall responsibility for supervision.
- When The Broker is a corporation, the licensed broker who is the designated responsible managing broker and qualifies the corporation for the license has the supervision duty on behalf of the corporation. He or she is responsible for the supervision and control of the activities on behalf of The Broker by its officers and employees as necessary to secure full compliance with the provisions of the Real Estate Law, including the supervision of Sale Associates licensed to the corporation in the performance of acts for which a real estate license is required. If a corporation has procured more than one license through various corporate officers, the corporation may, by appropriate resolution of its board of directors, assign supervisory responsibility of the corporation’s salespersons to any of its broker-officers.
- The Broker liability for acts of a salesperson: Regardless of the contractual relationship between The Broker and the Sales Associate that designates the salesperson as a independent contractor, they each retain all of their obligations to the public and to the Commissioner, including the liability of The Broker to third persons and the principal for the tortious conduct of the salesperson. Any contract provision purporting to limit that liability is contrary to law.
- This is the basis for the designated broker to have oversight of all transactions of The Broker. If the agent refuses to comply then there will be civil issues applied to the agent’s inability to comply with The Broker written request. This will be enforced. No Exceptions!