What commision am I entitled to as a commision only 1099 property manager after being severed by a broker?

Asked by Amy Ferolie, Tucson, AZ Fri Dec 28, 2012

I was employed through a broker and brought fourth serval properties from friends and clients who were told I would be there sole property manager. I was a 1099 independent realtor property manager I had 1 year leases sign on 40 different properties and was then fired for difference of opinion. I was told that another agent who just started ,would recieve my monthly commissions on the properties that I brought in and leases on. Several of the property owners want to follow me to my new broker but were told no. Most of these owners hired me personally under my broker with the intention that I would be their property manager.What rights do the owners have? What commision rights do I have? What type of attorney handles right of real estate agents?

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7
Anita McEvoy, , Tucson, AZ
Sun Mar 24, 2013
I think you need to speak to a real estate attorney right away. I also do some property management and my agreement with the owners states that written "written affirmation of the Owner is needed to extend this agreement beyond the termation date or to transfer this agreement to another Real Estate Broker". I realize that this clause does not fit your situation but the owners should also have some rights....they placed their property in your hands.
0 votes
Cristyle Egi…, Agent, Lake Park, FL
Wed Mar 20, 2013
I would contact a Real Estate Attorney and have them review your agreement and commission structure.

Technically, clients belong to the Firm, not the Agent so that may be an issue. If the Broker won't release the clients from their agreements, I'm not sure what recourse you really have.

Being in real estate, you'll want to have a good Real Estate Attorney you can turn to for various things so I would ask around and get a recommendation for one.

Good luck!
0 votes
Spirit Messi…, Agent, Tucson, AZ
Fri Dec 28, 2012
I would strongly urge you to take a copy of the agreement you have in place and seek legal council, preferably a Real Estate Attorney to see what your options are and course of action.

Best of luck. Majority of Realtors are 1099 as well, straight commission. I wonder how many clients understand and realize this, no salary, no benefits....just commission. I hope it works out for you.

Spirit
0 votes
Ric Mills, Agent, Oro Valley, AZ
Fri Dec 28, 2012
It all depends on the type and structure of your Broker agreement. Remember, all clients are actually the "Brokers" clients by RE Law. Get out your agreement and seek out a good RE attorney. I can recommend several if you need them. Be very careful about soliciting previous clients to jump to your new Broker as you don't want to violate your previous Broker agreement and end up in a court battle. Good Luck.
0 votes
Monica Yrigo…, Agent, Vail, AZ
Fri Dec 28, 2012
Hi Amy, I'm sorry to hear that you are dealing with this issue. I don't deal with rentals much so I would receommend that you speak to a Real Estate Lawyer to get advice on how to handle the situation. Take Care - AzProperties@Ymail.com
0 votes
David Hopper,…, Agent, Tucson, AZ
Fri Dec 28, 2012
Hi Amy,
I'm afraid that I don't know the answers to any of your questions. I do, however, know a good Real Estate attorney. I will be happy to give you his name and number if you contact me thru my profile or website.

Good luck,

David
0 votes
Alain Picard, Agent, Puyallup, WA
Fri Dec 28, 2012
I would either speak to a real estate attorney or whatever entity enforces your real estate laws in Arizona. In Washington State the Department of Licensing is the entity who enforces real estate law for agents. I don't deal with rentals to much so I really couldn't say what commissions you are entitled to now that you aren't with the brokerage anymore.
0 votes
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