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A real estate broker is a term in Canada which describes a
party who acts as an intermediary between sellers and buyers
of real estate and attempts to find sellers who wish to sell
and buyers who wish to buy. In Canada, the relationship was
originally established by reference to the English common law
of agency with the broker having a fiduciary relationship with
his clients.
In Canada, real estate brokers and their salespersons (commonly
called "real estate agents"
or, in some states, "brokers") assist sellers in marketing
their property and selling it for the highest possible price
under the best terms. When acting as a Buyer's agent with a
signed agreement (or, in many cases, verbal agreement, although
a broker may not be legally entitled to his commission unless
the agreement is in writing), they assist buyers by helping
them purchase property for the lowest possible price under the
best terms. Without a signed agreement, brokers may assist buyers
in the acquisition of property but still represent the seller
and the seller's interests.
In most jurisdictions in Canada, a person is required to have
a license in order to receive remuneration for services rendered
as a real estate broker. Unlicensed activity is illegal, but
buyers and sellers acting as principals in the sale or purchase
of real estate are not required to be licensed.
The difference between salespersons and brokers
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 provinces to describe a real
estate agent.
Real estate education: In order to become licensed, most provinces
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 provinces, 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. See below for a broker/agent’s
relationship to sellers and their relationship to buyers.
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 broker's license.
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 province 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 provincial 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.
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. 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.
A Realtor is a real estate salesperson or broker who is a member
of the Canadian Real Estate Association (CREA). All Realtors
are brokers/salespersons, but not all brokers/salespersons are
Realtors.
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