FACTS:

Agent worked for Brokerage ABC. Brokerage ABC has a large property management business.

Agent wants to sever from brokerage ABC and open her own brokerage offering property management services. Agent wants to take a copy of brokerage ABC’s property management book of business and contact brokerage ABC’s clients to procure business for her new brokerage.

ISSUE:

Can an Agent take brokerage ABC’s list of clientele and contact them offering property management services?

ANSWER:

No.

DISCUSSION:

Brokerage ABC’s Policy and Procedures Manual prohibits removal of client lists from the brokerage upon severance. The Policy and Procedures Manual also clarifies data lists are the property of the brokerage. Therefore, Agent may not take the list from the brokerage.

Furthermore, pursuant to A.R.S. § 32-2151.02(C):

A licensee shall not procure, or attempt to procure, a real estate employment agreement from a party who is already subject to an existing exclusive real estate employment agreement unless the licensee has received written acknowledgment from the party that the execution of additional real estate employment agreements could expose the party to liability for substantial additional commissions.

Thus, the best business practice for Agent would be to procure clients through other avenues and not utilize brokerage ABC’s clientele list.