suing my broker

[CasioTech]

I have a commission dispute with my past real estate broker. My employment agreement says 90/10 split with my broker. I left the company but I had one pending deal with that brokerage. After two years I recieved a check and gave it to my past broker and he paid me 70/30. He said that he changed the 'law' of his office by saying that if you left him that any pending deals would be 50/50, but he gave me 70/30 to be 'nice'. This is no where in my employment agreement and is something that he added recently. Could he do this or is this a breach of contract? If I sue'd him, would I win?




thx in advance.

 

[FoBoT]

he can't change the contract without you

what does your copy of the contract say?

is this a lot of $ to warrant a lawyer? a lawyer's going to want a chunk of $ to do more than review the contract and write a letter

 

[CasioTech]

~$900. A lot for me, I figure that no lawyer would take this case so I would do it in small claims. I would pay the ~$300 to file a suit if I knew I would win.




It mentions nothing about leaving. I know this is bull.

 

[JS80]

lol real estate brokers are second shady to lawyers

 

[jmcoreymv]

Originally posted by: CasioTech
~$900. A lot for me, I figure that no lawyer would take this case so I would do it in small claims. I would pay the ~$300 to file a suit if I knew I would win.




It mentions nothing about leaving. I know this is bull.

$300 seems kind of steep for small claims court.

 

[MisterJackson]

Bat your Tom Welling like eyes at him and he'll cave.

 

[JS80]

Originally posted by: MisterJackson
Bat your Tom Welling like eyes at him and he'll cave.

:laugh:

 

[SampSon]

I would think that when you left the company you voided any contract you entered with them. I don't know.
Is it really worth it to you to spend the money on filing a suit, spending your time with the case and delaying any collection of your commission in order to collect a couple hundred dollars at best?

 

[z42]

Originally posted by: CasioTech
I have a commission dispute with my past real estate broker. My employment agreement says 90/10 split with my broker. I left the company but I had one pending deal with that brokerage. After two years I recieved a check and gave it to my past broker and he paid me 70/30. He said that he changed the 'law' of his office by saying that if you left him that any pending deals would be 50/50, but he gave me 70/30 to be 'nice'. This is no where in my employment agreement and is something that he added recently. Could he do this or is this a breach of contract? If I sue'd him, would I win?




thx in advance.

I would take what he is offering you. Technically (at least in some states) all transactions are done under the umbrella of the broker and require his signature. If you leave while a deal is in process, and the deal is still completed under your old broker, he can reassign it to another agent and pay you nothing. I'm sure his 50/50 policy is to avoid any litigation.

Did you complete the transaction before you left? From your OP it sounds like you had something in the works and it was finished without you.

 

[Vic]

Take what he offers you and then file a complaint for breach of employment contract to your state labor board.

 

[tm37]

Originally posted by: Vic
Take what he offers you and then file a complaint for breach of employment contract to your state labor board.

Burning bridges FTW!

Let it go you never know when you will need a reference.

 

[Vic]

Originally posted by: tm37

Originally posted by: Vic
Take what he offers you and then file a complaint for breach of employment contract to your state labor board.

Burning bridges FTW!

Let it go you never know when you will need a reference.

Seems to me that this bridge was already burned.

 

[Perknose]

Your life as you know it is now over. Impale yourself on your own sharpened ego and bleed on out. Take a mirror to tide yourself over during your death throes. Or . . .

Submit your story to "When Bad Things Happen to Preening Assholes". It's a natural!

 

[gourmettea]

$900bucks? What kind of crappy house did you sell? I thought real estate ppl make more commission than that.

 

[Deleted member 4644]

Originally posted by: CasioTech
I have a commission dispute with my past real estate broker. My employment agreement says 90/10 split with my broker. I left the company but I had one pending deal with that brokerage. After two years I recieved a check and gave it to my past broker and he paid me 70/30. He said that he changed the 'law' of his office by saying that if you left him that any pending deals would be 50/50, but he gave me 70/30 to be 'nice'. This is no where in my employment agreement and is something that he added recently. Could he do this or is this a breach of contract? If I sue'd him, would I win?




thx in advance.

Heh.. we just went over this legal question in my contracts class today. First of all, it depends which state you are in. However, you would have a slight chance of winning if he did not give you notice of the new rule. The strange issue would be why you gave him the check after two years?? Can you explain that time lag a bit more?

 

[jadinolf]

Originally posted by: JS80
lol real estate brokers are second shady to lawyers

And close to dentists.

 

[CasioTech]

Originally posted by: gourmettea
$900bucks? What kind of crappy house did you sell? I thought real estate ppl make more commission than that.

No $900 is the 20% difference.

 

[CasioTech]

Originally posted by: z42

Originally posted by: CasioTech
I have a commission dispute with my past real estate broker. My employment agreement says 90/10 split with my broker. I left the company but I had one pending deal with that brokerage. After two years I recieved a check and gave it to my past broker and he paid me 70/30. He said that he changed the 'law' of his office by saying that if you left him that any pending deals would be 50/50, but he gave me 70/30 to be 'nice'. This is no where in my employment agreement and is something that he added recently. Could he do this or is this a breach of contract? If I sue'd him, would I win?




thx in advance.

I would take what he is offering you. Technically (at least in some states) all transactions are done under the umbrella of the broker and require his signature. If you leave while a deal is in process, and the deal is still completed under your old broker, he can reassign it to another agent and pay you nothing. I'm sure his 50/50 policy is to avoid any litigation.

Did you complete the transaction before you left? From your OP it sounds like you had something in the works and it was finished without you.

He 'changed' it after I left. It was never written anywhere in my contract. I know he made it up and he knows i won't fight for it. Can I sue for court fees as well?

 

[CasioTech]

Originally posted by: LordSegan

Originally posted by: CasioTech
I have a commission dispute with my past real estate broker. My employment agreement says 90/10 split with my broker. I left the company but I had one pending deal with that brokerage. After two years I recieved a check and gave it to my past broker and he paid me 70/30. He said that he changed the 'law' of his office by saying that if you left him that any pending deals would be 50/50, but he gave me 70/30 to be 'nice'. This is no where in my employment agreement and is something that he added recently. Could he do this or is this a breach of contract? If I sue'd him, would I win?




thx in advance.

Heh.. we just went over this legal question in my contracts class today. First of all, it depends which state you are in. However, you would have a slight chance of winning if he did not give you notice of the new rule. The strange issue would be why you gave him the check after two years?? Can you explain that time lag a bit more?

It was a preconstruction. It took two years to build.

 

[richardycc]

there was a case like yours, I believe the broker lost due to some technicality, it was in the REALTORS magazine last yr. go dig it out.

google this:

Evenson v. Leech Lake Realty, Inc.

 

[HomeAppraiser]

For those who block signatures, CasioTech has:

MySpace... Here

Hedonist's Interests
Heroes I am starting to admire myself.

Hedonist's Details
Occupation: Ph.D in Pimpology. Exotic Dancer

Good lord :disgust: Forget the $300, get out there and shake your money maker some more!

 

[CasioTech]

if you really like that, read my new blog entitled, 'Hicks!'. I should win a noble prize for it.

 

[CasioTech]

Originally posted by: HomeAppraiser
For those who block signatures, CasioTech has:

MySpace... Here

Hedonist's Interests
Heroes I am starting to admire myself.

Hedonist's Details
Occupation: Ph.D in Pimpology. Exotic Dancer

Good lord :disgust: Forget the $300, get out there and shake your money maker some more!

Wait, you could block signatures?! Sweet..

 

[HomeAppraiser]

If I had time for blogs, I'd write my own. Are you no longer a Realtor? If so be glad and move on. I had the same problem when I quit selling, my listing in escrow was not set to close until after the new year and the annual dues (MLS, Local Board of Realtors, State BoR & NAR) was more than my commission cut! So I quit and turned the listing over to an agent in the office I could trust. I got 50% from him after the closing instead of none from my crooked broker.