Creation. Of what? By whom?
Do you mean fabrication? No matter.
In our industry, with rare exception, the brokerage is the one licensed and recognized by the state to conduct real estate business. Licensed salespeople are a contracted extension of the brokerage. Clients are clients of the brokerage. The brokerage is procuring cause.

What Ken Jones, ASA, SCGREA, CRES said. Could not have said it better myself. If you want to "own" your listings and agency agreements start your own brokerage.

In our states (NC & SC), the agents hang their licenses with the brokers who absorb the responsibility of each and every transaction by each and every agent. Per the Contracts here, the listing is with the brokerage as are the buyers agency agreements.

Agents like to think we hung the moon and stars, but the brokerages where we hang our licenses own those listings all day long.  We are mere representatives of the brokerage and need to remember that.

If you don't like that structure, get your broker's license and open up your own shop.  You'll never have to worry about it.

Time to read your independent contract. 

Check your listing agrewment. I imagine the brokers name is included. 

It is clear that you have not read your license law and that the broker of record with the state is the one holding the bag and the liability including keeping the herd of agents in compliance and under supervision.

Someone needs to have legal responsibility and it is the broker of record. It is NOT a "creation", it's accountability.

Ken Jones, ASA, SCGREA, CRES said it beautifully.

In California an agent is just that, an agent of the Broker.  Kind of like how an FBI Agent is an agent of the FBI and not the FBI themselves.  The Broker is the only one able to actually take a listing and as an agent you sign an employment agreement with the Broker to work on his or her behalf.

Don't like it?  Either leave the industry or get your Broker's license!

you must be kidding....

you work under the broker's license.... your negligent act are binding on the broker.... and all contracts are owned by the broker, not the agent.... 

Everything belongs to the broker (clients, contracts, listings, etc). If you are working for one broker, and move to another, the first one could keep any listings you have because those listings belong to the broker, not the agent. Many agreements say something like, "This agreement is between Company A, represented by agent A". Agents are just representatives of that company.

All agents work FOR the broker...

Contrary to what one may think, that means that the agents is hired to bring in business for the broker.

Eve

Keep in mind that You are only an agent of the Broker, and the broker is the agent of your clients.

They are responsible for both of you.

The Broker is responsible for supervision of every agent that works under them.  That's why they get a share of your commission. 

They are the ultimate authority if there is problem and yes, we sometimes (though rarely) get leads from the Broker.  But if there is a problem with that transaction, the Broker is the person ultimately responsible.  The Broker also maintains E&O insurance.  

So it has always been and likely always will be. Procuring cause has no relevance to this.

The Broker is liable for all the listing agent does and takes GREAT risk in taking an agent under his/her wing. If you ever get a license (and with questions like this I'm not sure I'd want you to have one) you will learn quick why a Broker gets a few perks for taking on a hell of a lot of risk.

Ken Jones, ASA, SCGREA, CRES summed it up concisely!

That is in Chapter 3.

Great answers here.  I will add that is why agents are covered under the E&O insurance of the broker.  

The broker is accountable for everything the agents or broker-associates are responsible.  Don't want to work under someone then become a broker. One can be broke first.

This is just the way it is if you don't negotiate something different upfront. When you join a brokerage you can negotiate what happens to your listings in the event you transfer to another brokerage. If the Broker is unwilling to let you keep your listings you may decide this isn't the right company for you. I would keep mine if I left, but I am not going anywhere, I love where I work!

If you are studying for your real estate exam, you need to go back and study harder. If you are an agent, you need to pay attention in your CE class.

The principal broker owns all Agency agreements under their purview. The broker is also responsible for his/her agents activities and actions under the law. It is not really the agent.

What Ken Jones, ASA, SCGREA, CRES said and of course brokers are always the procuring cause over blue faces, since branding is key.

Them's the rules, learn to live with it.

Welcome to real estate 101. The brokerage holds the listings even though every agent says 'its mine'. Get used to it.

The broker carries responsibility for everything that happens in the agency. When the agent sold the land on the wrong side of the street or claimed there is a septic and well when neither are present, the agent is not in the cross hairs alone. The broker who's name is on the real estate license bears the blame for any and all actions. 

       Agents cannot "own" anything.   Only Brokers can.  Agents are either sub-contractors or employees of the Broker.

The agent "works" for the broker. Listings and contracts are the responsibility of the broker, at least here in CA.

Good answers are here. I hope you find the best one. 

Great question and asnwers. Good luck. 

All real estate transactions in our state belong and are okayed by the Broker. Yes, the agent is the procurring cause, but the "deal" is through the brokerage. Ultimately the Broker is responsible for the actions and professional work conducted through the brokerage.

Many great responses.

Ken has answered

You must follow your state laws and the policies of your broker.

Candice A. Donofrio nailed this one!

Many broker _______ when the _______________ is taken by an ______________ affiilate agent. 

Regarding procuring cause, brokers frequently ______________ and submit to ______________ for remediation.

An agent works for the broker. The broker is responsible for the agents. The broker pays the bills. The listings belong to the broker..... NOW you can negotiate your independent agent contract and ask for anything, but then again they dont have to hire you.

The Bureau of Real Estate has deemed that the "buck" stops with Brokers

The salespersons need to work under the umbrella of the brokers.

Yes technically, but I'd also suggest to read your contracts, it is clear explanation there of the roles of the agent and a broker. 

It is State specific 

The brokerage always owns the deals! 

You need to take a course or read up on the law of agency, and then you will know the answer.

This isn't a creation or fabrication. This is the law. It is a matter of truly understanding how a broker and representation works. Others have given good explanations. We call ourselves agents of our clients but technically agents are agents of their Brokers working on their Brokers behalf. That's the way it is. The other option is to be a broker yourself and open your own independent company. -K