REALTORS® CORNER
Te Builder/Broker Connection Building relationships, best practices
T
By PATTIE HUEY, GRI, GREEN Prudential Gary Greene Realtors
Huey is also a Houston Association of Realtors director and a member of the GHBA Education Committee. She can be reached at
pah@garygreene.com or 281.543.6222.
he Greater Houston Builders Association (GHBA) recently formed the Builder/Broker Connection task force, or BBC, to promote
better communication between the Realtor and builder associations. The Houston Association of Realtors (HAR) maintains the same task force.
The BBC task force conducted its first “official” meeting to review input procedures for new construction listings into the MLS (Multiple Listing Service), proper advertising of brokered listings, disclosure of bonuses and more. The guest speakers were Shawn Dauphine, the director of the
October 2010 BBC Meeting
REALTORS are very rule-oriented. They must follow: • Code of Ethics • License Act • TREC Rules • MLS Rules
BONUSES, INCENTIVES & GIFT CARDS (Occ. Code 1101.651: Salesperson may not accept compensation from a person other than their broker) • Must always be disclosed • Can and should be stated in MLS listing • Can only be paid to a salesperson’s broker
ADVERTISING (Code of Ethics Art. 12/License Act. Rules 535.154) • Must always present a true picture in advertising, marketing and representation AND ensure status as a realtor/licensee is readily apparent
• Must identify the broker or agent publishing the advertisement
• An ad offering to rebate to a principal a portion of licensee’s commission must disclose that payment of rebate is subject to consent of licensee’s client.
COOPERATION WITH BROKERS • MLS Listing - Offer of cooperation with other brokers must include offer of compensation
MLS; Taqi Rizvi, the director of technology for HAR; and Dick Hargis, legal counsel for HAR.
The BBC task force provides monthly educational articles in both the Houston Realtor and Houston Builder magazines, and has just completed certification requirements for the first Realtor MCE course on construction to be offered at the GHBA.
Following is a summary of topics discussed at the recent BBC meeting. If you have questions or suggestions that may be answered or conveyed through the Builder/Broker Connection, please contact any of the task force members.
• May be different compensation for buyer agents vs. sub-agents
LIMITED SERVICE BROKERAGE (Occ. Code 1101.557) • Listing broker/buyer broker, CANNOT 1) Instruct other broker to negotiate directly with their client; 2) Must inform client of all info and offers; AND 3) Answer client’s questions, if any, and present offers.
• A broker may deliver an offer to a party - if other broker 1) Consents to the delivery; 2) A copy of offer is sent to other broker; AND 3) The person delivering the offer doesn’t negotiate with the party (seller or buyer); 4) Buyer broker may discuss with builder's onsite salesperson contract terms and contract forms required by the builder so long as the salesperson has no authority to bind the builder to an agreement.
PROCURING CAUSE • Fact driven • To avoid arbitration, always use and adhere to registration forms
• Don’t let renegade buyer (who’s off reservation) lead you into arbitration.
(Contact your agent for a comprehensive list of marketing tools from HAR and watch for an upcoming presentation by the Builder/Broker Connection: "MLS 101 for Builders.")
26 NOVEMBER 2010 | HOUSTON BUILDER | GREATER HOUSTON BUILDERS ASSOCIATION – BUILDING A BETTER FUTURE
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