Here is a comprehensive list of common questions real estate agents ask about the CAR Form “Transfer of Listing Agreement (TLA) – 12/24”, along with clear explanations:

📄 Transfer of Listing Agreement (TLA) – CAR Form 12/24

Used when a listing is being transferred from one brokerage to another (e.g., when an agent changes brokerages and the client agrees to move the listing with them).

General Questions & Explanations

  1. What is the purpose of the TLA form?
    The TLA form allows a listing to be transferred from one broker to another, with the seller’s written consent. It ensures that the original broker releases the listing and that the new broker formally accepts it.

 

  1. Who needs to sign the TLA form?
  • The seller (or landlord)
  • The original broker (listing office)
  • The new broker (receiving office)

All parties must sign for the transfer to be valid.

  1. Can an agent initiate a listing transfer without broker approval?
    No. Only the broker (not the salesperson) can authorize and sign off on the release and transfer of a listing.

  1. Is the seller required to agree to the transfer?
    Yes. The seller must consent in writing, as they have a contractual agreement with the original broker, not the agent personally.

  1. Does the TLA form cancel the original listing agreement?
    No, it transfers the agreement. It does not terminate the contract—it assigns the listing rights from one broker to another.

  1. Does the TLA form require a new listing expiration date?
    Typically, the original expiration date remains unless the form or parties specify a new date. The agreement is being transferred, not rewritten.

  1. What happens if the original broker refuses to sign the TLA?
    Then the listing cannot be transferred. The seller would need to cancel the original listing (using CAR Form COL) and then sign a new listing agreement with the new brokerage.

  1. Can the original broker request compensation or fees to release the listing?
    Yes. The broker may condition the release on reimbursement for marketing costs or a partial commission, but it must be negotiated and agreed upon in writing.

  1. Does the MLS listing automatically transfer when the TLA is signed?
    No. The listing must be re-entered or reassigned in the MLS by the new brokerage, depending on MLS rules. Most MLS systems do not allow direct transfers between brokerages.

  1. What happens to buyer leads or offers received under the old brokerage?
    Those remain with the original broker unless otherwise agreed. The new broker takes over the listing, but offers in hand or buyer leads from the original listing may be a point of commission dispute if not addressed.

  1. Does the TLA form apply to both residential and commercial listings?
    Yes, it can be used for any type of listing agreement (residential, commercial, lease, etc.)—as long as all parties agree.

  1. Can a lease listing also be transferred using this form?
    Yes, the TLA form provides options to transfer exclusive listings for sale or lease.

  1. Are there DRE compliance concerns with transferring listings?
    Yes. All changes to listing agreements must be in writing and signed by all parties. Brokers must maintain proper records for audit purposes.

  1. How does this impact commission agreements?
    The new brokerage inherits the commission terms from the original listing, unless modified. If the commission terms are to be changed, it must be documented separately and agreed to by the seller.

  1. Can a team leader use the TLA form to move a team listing to a different brokerage?
    Only if the broker of record signs off on the transfer. Teams and team leaders do not have independent authority to release listings.

  1. Should the transfer be reported to the MLS?
    Yes. If a listing is withdrawn from the MLS and re-listed under a new brokerage, it must comply with MLS rules regarding DOM (Days on Market) and re-listing procedures.