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leetinhung,  in 89146

Old broker don't want to pay my commission after I change to new office, what can I do now....

Asked by leetinhung, 89146 Thu Nov 7, 2013

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13
As others have mentioned it is in your contract on how commission is handled.
0 votes Thank Flag Link Thu Nov 14, 2013
Kawain, unless it is made clear in a contract that you could take your listings with you, then there is no legal action to take. It is not her listing, it belongs to the Broker . Even being a 100% agent , if its not in the contract that your listings go with you then its not your listing , The broker owns it and can keep it. Just sayin.
0 votes Thank Flag Link Mon Nov 11, 2013
Hello,

Are they hold your commission because your file in not complete? IF you are missing any forms, get them in ASAP!

Some brokers will hold an agent's commission if the file is incomplete. They will do this even if the agent is not moving to another office.

Now, if your file is in order there is no reason for the broker to hold your commission!
You have the right to change offices at will.

If your file is in order, make a written request for your commission via certified mail. You should include a copy of your contract which should clearly state your commission percentage. A copy of the escrow instructions which outlined the commissions should also be included.

If for some strange reason the broker flat out refuses to pay you, you will have to take legal action as well as file a formal complaint with the proper governing body in your state

I sure hope you can get this resolved without having to take legal action.

Best of luck ,
Kawain Payne, Realtor
Prudential California Realty
0 votes Thank Flag Link Mon Nov 11, 2013
We had this happen as well when switched offices and lost a TON of money to our old broker. It was our fault that we didn't have any type of written contract with her. That won't ever happen again. Good luck to you. . I sure hope that you have a written contract. If you do then you have options.
0 votes Thank Flag Link Mon Nov 11, 2013
Like everyone has stated, "the contract you signed on day 1 is the one you must live by today."
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This may prove to be an expensive lesson. You are soon to realize that the entitled compensation is just the tip of the iceburg. The old broker will not sign the release allowing you to move to a new brokker untill every single i is dotted and t crossed on ALL of the files in which you were involved.
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If for instance if all signatures are not present on an escrow release of a four year old transaction, your former broker can hold you hostage, preventing your from starting business with a new broker for an extended period of time. ....of course it's relatitory.
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Don't forget those leads the old broker may have given you....you will be shut out of the old brokers CRM and your leads distributed to office agents while you are present....of course it's retalitory.
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Your new broker should have anticipated these actions and prepared you months ago. If your new broker did not, you may have jumped from the frying pan into the fire. Read those contracts and remember....EVERYTHING is NEGOTIABLE. The more business you represent, the better terms you can get.

Best of success,
Annette Lawrence, Broker/Associate
Remax Realtec Group
Palm Harbor FL
727.420.4041
Move to the Front of the Line (FirstLookHomes.us)
0 votes Thank Flag Link Mon Nov 11, 2013
The terms which you signed on with the old broker most likely state that the money stays with the company if you leave.
Focus on the future and verify your contract with the new company.
0 votes Thank Flag Link Mon Nov 11, 2013
The answer will always be what your contract says. If you don't have your copy request one or have your current broker assist you. There should be verbiage in the agreement that spells out what happens with business that isn't completed when you move your license. Good Luck and I hope your resolution will be simple.
Thank You
Suzie Marquardt
Fahrnyteam@yahoo.com
http://www.LasVegasRealEstateForYou.com
0 votes Thank Flag Link Fri Nov 8, 2013
Read contract...file claim with GLVAR and Division of Real Estate State.
0 votes Thank Flag Link Thu Nov 7, 2013
I am a 100 % agent and I have always negotiated in my contracts that the listings I get on my own hard work , I will take with me or finish them up before leaving to get all of my commission. Even people who are on a split with their Brokers could negotiate this.

If your broker wont budge, the dont make the transfer till you are paid. Other than that if its not in writing or in your contract, you have to remember the listing belongs to your Broker and taking them to court will not do any good, its their listing and they will tell you if you will be paid for it . I would never work for a company who would not agree to release my listings to me .
0 votes Thank Flag Link Thu Nov 7, 2013
It's for a buyer agent.... I already have finish all the closing checklist and bring back to old office within 1 day after closing. but old broker keep finding problem after I turned in 7 days... problem like need both buyer and seller sign the escrow instructions..... which seller already closed and won't sign it again. just like giving me hard time and won't pay for the commission.
Flag Thu Nov 7, 2013
Leet,
Start by asking your new broker. Check your previous employment contract and see what terms for your situation may be addressed. If you feel or believe you are being treated wrong or outside of your contract, contact the state licensing department.
0 votes Thank Flag Link Thu Nov 7, 2013
I did. but real estate division won't take it................sad
Flag Thu Nov 7, 2013
It depends if you had a listing or a buyer when you left. The listings belong to the brokerage and they can keep the sale and not pay the commission. Read your agreement carefully.
0 votes Thank Flag Link Thu Nov 7, 2013
Read your independent contractor agreement. If you believe your broker violated the agreement, then consult an attorney.
0 votes Thank Flag Link Thu Nov 7, 2013
Lee

Did you have a contract ? Are you a member of GLVAR? You can file a grievance! Also small claims court. I would discuss with your new broker.
0 votes Thank Flag Link Thu Nov 7, 2013
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