The Governance Question
The brokerage owns the liability either way.
Here is the uncomfortable arithmetic of a modern brokerage. Your agents generate client data, transaction documents, disclosures, and written communication every day. Almost none of it is created on brokerage-controlled infrastructure. It lives in personal Gmail accounts, in a phone's text thread, in a personal cloud drive, in a CRM the agent bought themselves and cancels when they leave.
The data is scattered. The responsibility is not. When a complaint, an audit, a commission dispute, or a subpoena lands, it lands on the broker of record — and the question is always some version of "produce the file." Whether the file is retrievable has nothing to do with who paid for the software and everything to do with where it was written in the first place.
This is not a story about catastrophe. Most brokerages run this way for years without incident, and most agents are careful, decent operators. It is a story about a structural mismatch: you carry the obligation, but you do not hold the systems. Every month you operate that way, the gap gets a little wider — more agents, more transactions, more accounts nobody has an inventory of.