Here’s a comprehensive list of questions about the Additional Agent Acknowledgment section, with explanations for each:
- What is the purpose of the Additional Agent Acknowledgment?
It is used to disclose the identity and role of any additional real estate agents involved in the transaction, whether representing the buyer, seller, or both, to ensure transparency and compliance with disclosure laws.
- When is it required to complete the Additional Agent Acknowledgment?
It is required when more than one agent is working with a party in a transaction — for example, if a co-listing agent is added or if an agent from the same brokerage is assisting.
- Does the Additional Agent need to be from the same brokerage?
No, the additional agent can be from the same brokerage or a different brokerage, as long as their role in the transaction is properly disclosed.
- Is the Additional Agent Acknowledgment mandatory for co-listing agreements?
Yes, in co-listing situations, both agents’ names, license numbers, and brokerages must be disclosed in the acknowledgment section.
- Who signs the Additional Agent Acknowledgment?
The additional agent and their broker must sign to confirm their role and that they understand the duties and responsibilities related to the transaction.
- Does adding an additional agent affect the commission split?
Yes, the commission structure may change, and the terms should be clearly outlined in the listing agreement or a separate commission agreement between brokers.
- What happens if an additional agent is involved but not disclosed?
Failure to disclose an additional agent can result in legal disputes, disciplinary action from the Department of Real Estate (DRE), or commission disputes.
- Can an additional agent represent both buyer and seller?
Yes, but it must be disclosed as dual agency, and both parties must consent in writing, as required by California law.
- Does the Additional Agent Acknowledgment replace the Agency Disclosure form?
No, it supplements it. The Agency Disclosure form explains the agency relationship, while the Additional Agent Acknowledgment lists specific agents involved.
- What information must be included for the Additional Agent?
Name, license number, brokerage name, brokerage license number, and the role they are performing in the transaction.
- Can an assistant be listed as an Additional Agent?
Only if the assistant holds a real estate license and is actively participating in the transaction as an agent.
- Is the Additional Agent entitled to direct communication with the client?
Yes, if authorized by the primary agent and agreed upon by the client. This should be clarified to avoid confusion or miscommunication.
- When should the acknowledgment be delivered to the other party?
It should be provided promptly after an additional agent becomes involved, ideally before any substantive work begins in the transaction.
Disclaimer:
The questions and answers provided are for general guidance only and may not cover all details or apply to every situation. If anything is unclear or you need further clarification, please visit car.org for official resources and the most up-to-date information from the California Association of REALTORS®.
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