Agent2Agent in Norristown>Question Details

Nina, Both Buyer and Seller in 19401

disagreement with my broker

Asked by Nina, 19401 Sun May 16, 2010

Hi, I have a verbal agreement with my broker for our split. I have a business with investment properties and sell them through his office. Now he claims that when the commission comes from another office the commission split should be 50-50. I want to go to small claims court. Do you think this will be the right place? Or maybe the real estate commission? Thanks for all suggestions.

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Nina, I do not understand exactly what you are trying to say about the commission coming from another office and the split being 50/50. Maybe you are talking about when you are the buyer's agent and the commission comes from another company versus when you are the listing agent on your own properties. A verbal agreement will not hold up in small claims court or with the Real Estate Commission. You should have had to sign an independent contractor agreement when you started with this firm and it should have laid out any commission splits, etc. At this point, there is nothing you can do about anything that is already under contract but you can and should switch companies immediately since you feel this broker was dishonest with you. I hope this helps you!
0 votes Thank Flag Link Mon May 17, 2010
Hi Nina,

Your question was duplicated on our site. You can thus find an additional answer to your inquiry via the link below.

Best Wishes,

Emily Gibson
Community Moderator
0 votes Thank Flag Link Tue May 18, 2010
In the future on something as important as your income; get it in writting. Is it worth your time over one commission to fight?
0 votes Thank Flag Link Mon May 17, 2010
Nina - I am not clear on what you mean when you say "when the commission comes from another office"...........if you are listing your own properties........you are the listing agent and the commission comes from your office - the lisitng office. Do you mean that when the commission is PAID to another office, he only wants you to have a 50/50 split on the remaining commission???

I assume you offer a co-op broker fee which is paid out to the buyer's agent's office........not sure what he wants to take 50% of................are you saying that he is treating your personal property listings differently, and only wants to give you a 50/50 split on them?
This is a bit confusing.

By the way - why don't you have a written agreement? That would help avoid any conflict.
0 votes Thank Flag Link Sun May 16, 2010
Nina,

So you have your license and it is with a broker who has a verbal commission split with him. Now you want to go to another office and he is saying if you switch you will only get a 50/50? Does he have this other office?

If I am understanding this correctly, he has no control over what another broker will give you as a split. That is determined by what you and that broker decide.

Now if you are referring to the actual sale of a home and your broker saying if you pay a co-op out he is only paying you on a different split versus if you sold it yourself and collected on both sides (dual agency)?

Can you clarify some more?


thanks
Sean Dawes
Long and Foster Real Estate
215-409-6900 ex16
sean.dawes@LNF.com
0 votes Thank Flag Link Sun May 16, 2010
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