The broker signed a hot check of commission to agent. What should agent do?

Asked by Nhn2012, 77077 Tue Jan 3, 2012

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Tommy Burris, Mortgage Broker Or Lender, Baton Rouge, LA
Tue Jan 3, 2012
Walk into the broker office SOONER than later with the bounced check and a receipt for the overdraft fee he/she cost you.
They shouldn't have a problem fixing it on the spot..... Especially when you accidentally drop off a slip of paper with Texas Workforce Commission info on it with the above items.
1 vote
Karen and Pa…, Agent, Cameron Park, CA
Mon Nov 16, 2015
Ask the broker to deposit funds to cover the check and bounced check fee and go find a better broker to work for. Working for a better commission split doesn't do any good when the check bounces.
0 votes
Jackie Clark, Agent, Fort Wayne, IN
Wed Mar 20, 2013
Yikes, perhaps there is a clerical error? I'd hate to think my broker knew that check was going to bounce! I'd speak to him/her first before taking action.
0 votes
Don Groff, Agent, Austin, TX
Sun Jan 8, 2012
If they do not make this right immediately I would go to TREC and file a criminal complaint. Writing bad checks is a criminal offense.
0 votes
It "may" be a criminal offense, but it is not a TREC violation. No where is it a license violation, if the broker cannot provide the proper funds and reimburse the ahe overdraft/bounced check fee then the only recourse is to go through the legal system to get the money owed.
Flag Thu Mar 21, 2013
Mario Romero, Mortgage Broker Or Lender, Houston, TX
Wed Jan 4, 2012
Go to broker and request check and any bank return fees be paid in full at once; this will probably be the end of this issue. If not, then go to TREC.
0 votes
Dallas Texas, Agent, Dallas, TN
Tue Jan 3, 2012
IF all is true AND THE deposit did hit after the agent cashed the check

RECOMMEND to take check to bank cash in person AND does bounce 2nd time them

1. Agent should forwarded certified letter demands of commission check
2. Agent should contact the DA 's office for fact hot checks a person can be arrested
3. Agent should contact local and state

I don't believe any broker would want to lose their license off a check. Clarify the misunderstanding.

Lynn911 Dallas Realtor & Consultant, Credit Repair Advisor
0 votes
Nanci Zimmer…, , Cedar Park, TX
Tue Jan 3, 2012
File a complaint with the Texas Real Estate Commission--- TREC http://(WWW.TREC.COM)
0 votes
Erica Ramus,…, Agent, Pottsville, PA
Tue Jan 3, 2012
Go talk to your broker. Maybe it was a clerical error and he can make it right.
0 votes
Bruce Lynn, Agent, Coppell, TX
Tue Jan 3, 2012
If you are the agent, go talk to the broker.
Not acceptable, but it can and does happen.
Maybe they forgot to transfer funds to their operating account.

If it is a common occurrence or there is no good explanation, you might want to consider changing brokerages. We would like to talk to you if you would consider switching.
0 votes
Guy Gimenez, Agent, Austin, TX
Tue Jan 3, 2012
1. Agent should contact the broker and request payment be made by certified funds. If he/she refuses....

2. Contact your county attorney's office and file a criminal complaint.
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