What should a managing broker do if they want to release their license and listings to form their own firm?

When a managing broker decides to release their license and listings in order to form their own firm, the appropriate course of action is to surrender the license while retaining the listings. This is because the listings are typically associated with the brokerage under which they were originally acquired, and they cannot be simply taken or transferred without following proper legal and procedural steps.

By surrendering the license, the managing broker is officially notifying the regulatory body that they no longer wish to operate under the previous brokerage. However, the listings are tied to the current firm and its contractual agreements with clients. To take listings to a new firm, the broker must work through the necessary processes such as notifying clients and obtaining their agreement to transfer the listings to the new firm once it is established.

This approach helps ensure compliance with real estate regulations, protects the rights of the clients, and allows for a smooth transition to the new firm without risking potential legal issues that may arise from improperly handling client listings.