Contracts Lesson 5
Contracts Lesson 5 • CP-22 Commission Position Statement on Handling of Confidential Information in Real Estate Brokerage • Prior designated brokerage, it was common for brokers to share the motivations of a buyer or seller during office sales meetings, for example. Under designated brokerage, the law specifically prohibits sharing of such information. Confidential information, and the broker responsibility thereto. Confidential information can include, but is not limited to, motivation of the parties. • Brokers are required to have a written office policy that identifies and provides adequate means and procedures for the maintenance and protection of confidential information may occur, include, but are not limited to: • Sales meetings or marketing session • Shared fax or copy machines • Shared computer networks, printers and file directories • In-office mail boxes • Hand written telephone messages • Phone conversations or meetings with clients • Relocation, divorce, pending foreclosure and other sensitive documents • Conversations with affiliated business providers • Production boards • Social functions • Brokers must develop office policies and procedures to address the handling of confidential information. For example, some offices may have “locked” transaction files that include confidential information and other offices may elect not to include confidential information in transaction files. 1 Contracts Lesson 5 • CP-22 Commission Position Statement on Handling of Confidential Information in Real Estate Brokerage cont. • A designated broker is permitted to share confidential information with a supervising broker without changing or extending the brokerage relationship beyond the designated broker. Brokers may want to consult legal counsel regarding the necessity of securing the authorization of the party to whom the information is confidential before the designated broker shares that confidential information with the supervising broker.
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