FACTS:                    

The agent has five active listings.  All of the listings were documented with the Arizona REALTORS® Residential Listing Contract Exclusive Right to Sell/Rent (“Listing Agreement”).  The agent has decided to transfer her license to a different brokerage firm and insists that the listings “belong” to her.  She has demanded that the broker transfer the listings to the new brokerage firm.  The independent contractor agreement between the agent and brokerage does not specify what happens to listings if an agent departs. 

ISSUE:                      

Is the brokerage obligated to transfer the listings to the agent’s new brokerage firm?           

ANSWER:                

See discussion.           

DISCUSSION:         

Generally listing agreements belong to the brokerage firm.  In fact, the Listing Agreement contains references throughout that the “Broker” will perform services and receive compensation under specified circumstances.  The agent is merely acting on behalf of broker.  As such, because the Independent Contractor Agreement does not address any obligation to transfer listings, the broker is not obligated to transfer the listings to the agent’s new brokerage firm.