Any broker receiving an exclusive sale authorization must request from the owner that he indicates in writing , the names of the prospects interested in the property the previous brokers . He must then respect the rights of his colleagues to these prospects . • Next to the name of each prospect , should also be mentioned the broker who reported him and the date on which the prospect was introduced to the owner by that broker . • If the property is sold to one of the prospects whose names were thus consigned during the twelve months immediately following the date specified in paragraph 2 of this subsection , the broker who currently holds the exclusive authorization shall not be entitled to any commission on the sale and it will be due to the broker who had reported the buyer to the seller at the time .
Exception in the next scenarios or cases :
a ) If a broker ” Y ” is involved in negotiations in which another broker ” X ” had previously been involved . ” Y ” may not charge any commission unless : • That , having passed more than three months , the negotiation has been stalled for reasons attributable to broker ” X ” . That broker ” Y ” can prove he did not know of the involvement or rights of broker ” X ” . In this case , broker ” X ” is entitled to introduce a claim in a maximum of thirty calendar days after the closing . The commission should then be shared equal ly between the two brokers or groups of brokers ,
b ) If it is proved that the broker ” Y ” was aware of the rights of broker ” X ” , and yet continued negotiating without informing ” Xin order to reach an agreement , ” Y ” may be denounced before the CCCBR as indicated in article fifty – one of the CCCBR Code of Ethics and lose all rights of participating in the sale .
c ) However , the preceding paragraphs shall not apply if one of the two brokers had an exclusive agreement in writing , for the property at the time it was shown to the buyer for the first time .
