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The difference between salespersons and brokers
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Since each state's laws may differ from others, it is generally advised that prospective sellers or buyers consult a licensed real estate professional.
Some Examples:
- comparative market analysis (CMA) - an estimate of the home's value compared with others. This differs from an appraisal in that property currently for sale may be taken into consideration (competition for the subject property).
- Exposure - Marketing the real property to prospective buyers.
- Facilitating a Purchase - guiding a buyer through the process.
- Facilitating a Sale - guiding a seller through the selling process.
- FSBO document preparation - preparing necessary paperwork for "Sale By Owner" sellers.
- Full Residential - but only, in most states, if the broker is also licensed as an appraiser.
- Home Selling Kits - guides to how to market and sell a property.
- Hourly Consulting for a fee, based on the client's needs.
- Leasing for a fee or percentage of the gross lease value.
- Property Management.
- Exchanging property.
- Auctioning property.
- Preparing contracts and leases. (Not in all states.)
In the past, when brokers (and their agents) only represented sellers, the term "real estate salesperson" may have been more appropriate than it is today, given the different ways that brokers and their agents can help a buyer through the process rather than simply sell him or her a property. Legally however, the term 'salesperson' is still used in many states to describe a real estate agent.
Real estate education: In order to become licensed, most states require that an applicant take a minimum number of classes before taking the state licensing exam. Such education is often provided by real estate brokerages as a means to finding new agents.
Today in many states, the real estate agent (acting as an agent of the broker with whom he/she is employed) is required to disclose to prospective buyers and sellers who represents whom.
While some people may refer to any licensed real estate agent as a real estate broker, a licensed real estate agent is a professional who has obtained either a real estate salesperson's license or a real estate brokers license.
In the United States, there are commonly two levels of real estate professionals licensed by the individual states, but not by the federal government:
Real estate salesperson (or, in some states, Real estate broker)
When a person first becomes licensed to become a real estate agent, he/she obtains a real estate salesperson's license (or some states use the alternative term, "broker") from the state in which he/she will practice. If you want to obtain a real estate license, the candidate must take specific coursework (of between 40 and 90 hours) and then pass a state exam on real estate law and practice. In order to work, salespersons must then be associated with (and act under the authority of) a real estate broker.
Many states also have reciprocal agreements with other states, allowing a licensed individual from a qualified state to take the second state's exam without completing the course requirements, or, in some cases, take only a state law exam.
Real estate broker (or, in some states, qualifying broker)
After gaining some years of experience in real estate sales, a salesperson may decide to become licensed as a real estate broker (or Principal/qualifying broker) in order to own, manage or operate his/her own brokerage. Commonly more course work and a broker's state exam on real estate law must be passed. Upon obtaining a broker's license, a real estate agent may continue to work for another broker in a similar capacity as before (often referred to as a broker associate or associate broker) or take charge of his/her own brokerage and hire other salespersons (or broker) licensees. Becoming a branch office manager may or may not require a broker's license. Some states such as New York allow licensed attorneys to become real estate brokers without taking any exam. In some states, such as Colorado, there are no "salespeople", as all licensees are brokers.
A Realtor is a real estate salesperson or broker who is a member of the National Association of Realtors (NAR). All Realtors are brokers/salespersons, but not all brokers/salespersons are Realtors. There are 1.3 million Realtors in the US and an additional 1 million licensed real estate agents who are not members of NAR. read more..
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