Location: Arizona
Submitted 09/01/12 08:50 AM

Q. I have an agreement with my broker stating that I am to receive an 85% commission on all of my escrows. The broker/owner ask me about a year ago to partner with her as a team and split the commission on all files 50/50, I did this for a year but the broker/owner never would sign the new agreement for the commission split and the partnership. I told her I was leaving the company if she did not want to sign the agreement and build our partnership as agreed. She severed me the next day and has not paid me on three file that closed escrow after I left and told me as the broker/owner I am not to contact any of the clients. Should I sue her for the three escrow commissions and ask for back commission on the files that closed over the last year that she took half the commission for based on the original signed and notarized agreement stating that I am to receive 85% of the commission?

 

Answer #1
Submitted 09/01/12 09:01 AM
Marilyn Montaigne (Dominion Real Estate Partners): Agent in Carefree, AZ Marilyn Montaigne (Dominion Real Estate Partners)
Agent
Carefree, AZ

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A.

I would definitely submit a complaint to the real estate board.  I think you were unfairly 

severed.  I also think she owes you the three commissions.  Let them hear the case and decide.

Hope you have a wonderful Labor Day Weekend! 

Non-member response
Submitted 09/01/12 09:05 AM Thank you for the advise. I have checked in to it and I am told that it is a civil case and I will have to take her to court. I am shocked that she can do this and get away with it. I have found out since I left that she has kept other agents commissions when they left the company as well.

Answer #2
Submitted 09/01/12 10:32 PM
Shanna Day, Team Leader, Keller Williams Realty East Valley - Luxury Specialist (Keller Williams Realty EV (AZ) & Keller Williams SLC (UT)): Agent in Mesa, AZ Shanna Day, Team Leader, Keller Williams Realty East Valley - Luxury Specialist (Keller Williams Realty EV (AZ) & Keller Williams SLC (UT))
Agent
Mesa, AZ

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A.

I too would file a complaint with the Arizona Dept of Real Estate.   I would probably just ask the Dept. the process to file a complaint, not necessarily telling what the complaint is at this point.   Just get the proceedure and then file the complaint.  

Answer #3
Submitted 09/01/12 10:32 PM
Shanna Day, Team Leader, Keller Williams Realty East Valley - Luxury Specialist (Keller Williams Realty EV (AZ) & Keller Williams SLC (UT)): Agent in Mesa, AZ Shanna Day, Team Leader, Keller Williams Realty East Valley - Luxury Specialist (Keller Williams Realty EV (AZ) & Keller Williams SLC (UT))
Agent
Mesa, AZ

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A.

My next thought too is to contact a real estate attorney.   I know one that will probably do a free consultation. 

Non-member response
Submitted 09/02/12 12:24 PM Thank you Shanna can you send me the contact information for the attorney.

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