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Is This an Ethical Practice

By
Real Estate Agent with Real Estate Professionals of Glynn

I've just had a rather disturbing conversation with an agent when wanted to move her license to our agency.  She is a newbie who has only had her license for a bit over four months.  She comes out of a nursing background, is married, knowledgeable but has never been in sales but she seems to exude people skills.  In the course of our discussions I asked why she wanted to leave her current Brokerage.  Her reply was basically that she felt as if she were being ripped off by her broker as related to her commission split.  Being naturally curious I probed a bit to which she responded with the following tale.

 

Being fresh out of Real Estate School and having no actual sales experience our heroin does her due diligence and interviews with a handful of established Realtors independents.  Ultimately she selected a small independent operation with 7 agents plus the broker.  Her selection was greatly influenced by the self espoused weekly sales training that the broker stated he performed.  So she signed up and agreed to a 60/40 split, with the brokerage providing most advertising, only one desk duty day a week, a shared secretary and a few other bones.  Like most green beans she immediately recruited all her neighbors, friends and relatives.  And began to make a few sales and accrue a few listings.  But somewhere around the end of her third month she hit a wall and went to the broker for help and advise.  Being that she truly had no sales experience she asked if he would accompany her on a few of her listing appointments to help her increase her closing ratios.  Her broker did and did assist her with closing a few of the transactions.  Which he then told her that this was now a co-listing since he had to physically participate:  When it came time to have client interactions, the broker did not participate.  However when she closed a deal or two, he certainly was there to receive his personal half of the Co-listing percentage.  According to her this wasn't making her happy but when she closed a very troublesome deal and her net commission on the listing side after the house side and the "Co-listing fee" was deducted was less than a $900.  She'd had enough.  So she was a now looking to move to another brokerage where she wasn't raped financially for help.   She went on to say that during her brief tenure of the original 7 folks that were there when she came only 2 remained.  And she was sure it was for similar reasons. 

My question to you folks is do you agree with me that this behavior on the part of the Broker was Unethical?  Charging someone a co-listing fee when you are the broker in addition to the percentage going to the brokerage seems like out and out theft.  Maybe I am just an ole softly but I have assisted too many inexperienced realtors while they were learning the business by going in on a listing appointment without the least thought to being personally compensated.  After all if they sold the listing or someone else did, the Brokerage still got its rightful piece.  So what do you think?

Suzanne Marriott
Keller Williams Arizona Realty - Anthem, AZ
Associate Broker, CLHMS, e-PRO
Michael - great question.  That situation should be clearly spelled out in writing up front by the broker if that's the way they operate.  While $900 is not much for a commission - it's the future referrals that may make it worthwhile.
Nov 29, 2006 02:46 AM
Midori Miller
Talk 2 Midori, LLC - Daytona Beach, FL
Online Marketing For Real Estate Professionals

Michael-if it is agreed upon there is nothing unethical about it. It should be spelled out and in writing. In our company our agents get extensive training, as the trainer, I recommend new associates to go out with a seasoned professional. My thoughts are its better to split a commission or pay a referral rather than take the risk of getting nothing. I am asked to accompany on a regular basis, with them offering a fee, however, I am a non-competing broker, that is why I refer them to the best professional for that particular property.

 

Nov 29, 2006 03:33 AM
Monika McGillicuddy
Berkshire Hathaway HomeServices Verani Realty - Hampstead, NH
Southern NH & the Seacoast Area

I would say Ethics as in our REALTOR Code of Ethics doesn't come into play here at all.  It would be the Office Policy Manual that dictates what fees a broker would charge for his participation.

A broker I used to work for frequently went on listing appointments with newbies and split the listing end of the commission with them. Did the same on the sales end if he helped put it together. 

I think the newbies felt a bird in the hand was  better than two in the bush...or a little was better than none.  Of course..they knew about it before they made the decision to ask for assistance from the broker.

Nov 29, 2006 10:49 AM