FACTS:                    

The team leader, who is not an associate broker, has a team of 15 agents.  The team leader insists that he has the authority to perform the broker review of transaction documents pursuant to Arizona statute.

ISSUE:                      

Does the team leader have authority to review transaction documents on behalf of the designated broker?

ANSWER:                

No. 

DISCUSSION:         

Review of transaction documents for Arizona Department of Real Estate (“ADRE”) purposes must be performed by the designated broker or an associate broker authorized in writing to do so by the designated broker.  A.R.S. § 32-2151.01(G).  A team leader is not given that same authority.  Thus, the team leader may not review his team’s transaction documents for ADRE purposes.  An authorized broker is required to perform that function.  The team leader is also prohibited from acting as an authorized branch office manager because he does not have an associate broker’s license.  See A.A.C. R4-28-304(B).  

Note:  The team leader may review the transaction documents for quality control purposes, compliance with team criteria, etc.  However, they will also need to be reviewed by an authorized broker for ADRE regulatory purposes.