SECTION 40-57-360. Broker-in-charge responsible for team supervision.
Section effective until May 15, 2027. See, also, Section 40-57-360 effective May 15, 2027.
(A) The broker-in-charge must be responsible for supervising the team and all licensed members of the team. The broker-in-charge may not delegate supervisory responsibilities to the team members or team leader. Written office policy of the broker-in-charge shall address team relationships in which associated licensees may engage.
(B) The team may act as disclosed dual agents only and with the prior informed and written consent of all parties and as addressed in the broker-in-charge’s written office policy.
(C) Team members must conduct all real estate brokerage activities from their commission-established office under the supervision of a broker-in-charge.
(D) Team advertising must contain the team name and the full name of the real estate brokerage firm displayed in a conspicuous way.
(E) No team may imply that the team is a separate entity from the brokerage firm of its employment. Team names may not include the terms "realty", "real estate", "realtors", or similar terms suggesting a brokerage.
(F) The team, and any and all team members, must display and promote that they are directly connected to the brokerage firm under which the team works. The brokerage firm name under which the team works is to be displayed prominently and visibly in a meaningful and conspicuous way on all methods of advertising.
(G) The commission may promulgate regulations regarding the creation and operation of real estate teams.
HISTORY: 2016 Act No. 170 (S.1013), SECTION 1, eff January 1, 2017.
SECTION 40-57-360. Broker-in-charge responsible for team supervision.
Section effective May 15, 2027. See, also, Section 40-57-360 effective until May 15, 2027.
(A) The broker-in-charge must be responsible for supervising the team and all licensed members of the team. The broker-in-charge may not delegate supervisory responsibilities to the team members or team leader. Written office policy of the broker-in-charge shall address team relationships in which supervised licensees may engage.
(B) The team may act as disclosed dual agents only and with the prior informed and written consent of all parties and as addressed in the broker-in-charge’s written office policy.
(C) Team members must conduct all real estate brokerage activities from their commission-established office under the supervision of a broker-in-charge.
(D) All team advertising and marketing must contain the full name of the real estate brokerage firm and all team members must display and promote that they are directly connected to the brokerage firm under which the team works. In all team advertising and marketing, the team name may not be more than twice the size, prominence, or frequency of the full name of the brokerage firm.
(E) No team may imply that the team is a separate entity from the brokerage firm of its employment. Team names must end in "[team name] team at [name of real estate brokerage firm]".
(F) The commission may promulgate regulations regarding the creation and operation of real estate teams, including requiring the registration of team names on a form prescribed by the commission.
HISTORY: 2016 Act No. 170 (S.1013), SECTION 1, eff January 1, 2017; 2024 Act No. 204 (H.4754), SECTION 3, eff May 15, 2027.
Editor’s Note
2024 Act No. 204, SECTION 5, provides as follows:
"SECTION 5. Section 40-57-135(E)(2) takes effect twelve months after the date of ratification of the act. Section 40-57-360 takes effect thirty-six months after the date of ratification of the act."
Effect of Amendment
2024 Act No. 204, SECTION 3, rewrote the section.
Posted by: Byron King on 6/29/26 (This information is only accurate as of 6/29/26. You must contact SCR for updates and changes to this information after 6/29/26, as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org)
This information is not legal advice. This information is intended only to provide general information and may not be relied upon as specific legal guidance. Legal counsel should always be consulted before acting in reliance on this information.