Special offer

Simple Question: Agent Refuses to Pay a Referral Fee

By
Real Estate Broker/Owner with KD Realty - 408.972.1822 CA DRE#01366594

Simple Question: Agent Refuses to Pay a Referral Fee

 

Maybe this is not a simple question and the answer my reside in state and/or local laws. 

 

You refer someone to an agent with an agreed upon referral fee. For the sake of dicussion, let's suppose the brokers involved are members of the ActiveRain Community.

 

The referral is documented with a written referral fee agreement signed by the referring broker and receiving broker.

 

California Association of Realtors Referral Fee Agreement

 

I will say, that in California, the referral fee agreement form has a blank space to fill in the amount or percentage of referral fee to be paid.  The default time frame within which the agreement is valid is 12 months.  However, there is also a blank space to specify a different time frame. 

 

You make such a referral with no expiration date.  A transaction closes from your referral.  You learn about this from the party you referred.  The agent who you referred the party to made over $50,000 in commission as a direct result of your referral and the agent refuses to pay the agreed upon referral fee.

 

People will be people. There are all kinds of people in the world. Thankfully, for the most part, I believe most people are kind, honest, trustworthy and will do the right thing.

 

 

Person with a screwdriver ready willing and able to use it on anyone for profit and gain

The fact is that there are the opposite people too. People that will lie, cheat, and steal; who are dishonest and will justify their cheesy, sparmy ways and sadly, these folks are so disconnected from truth and reality, they believe they are not doing anything wrong.

 

These folks stand at the ready and are prepared to screw anyone and everyone over for profit and personal gain.

 

 

But I digress.

 

The agent contends that more than two years lapsed since the referral agreement was executed and therefore, the agent does not have to pay a referral fee. 

 

There is no expiration on the referral fee agreement and there is nothing else governing that referrals automatically expire in 2 years. 

 

Despite all of your best efforts to get the agent to do the right thing and pay you a referral fee, which would be to the tune of approximately $20,000.00, the agent REFUSES. 

 

What would you do?  The answer cannot be go to the broker.  The agents are both brokers.

UPDATE 1-21-2016 @9:15am: For the sake of clarification, when I ask: What would you do? I am NOT asking for legal advice or advice on what I should do as some comment imply. The intention in posting this is to stimulate awareness.

 

UPDATE 1-21-2016 @9:15AM: It's not even been 24 hours since this was posted and I have received so many calls and emails from other ActiveRain members sharing their stories about referrals made to AR members who did not pay them.  Me thinks this referral river runs a little deeper than I initially believed. 

 

Thank you for your insights and comments.

Posted by

Let's talk
(408) 972-1822

Email me
Blog | About Me

Probate Real Estate Services
San Jose Real Estate Website

    

DRE#01366594

I specialize in probate real estate.
As a Certified Probate
Real Estate Specialist
my focus is on helping Executors and Administrators
avoid headaches
before they start.

“From the moment we met Kathleen, we were impressed with her professionalism, knowledge, patience, respect, humor, attention to detail, and compassion.  She's the Whole Package ~ excellent agent and wonderful human being!  In a potentially stressful experience, we have felt in good hands all along.  We are so grateful and recommend her without hesitation!”

Read More Testimonials

 

Comments(203)

Nancy Robinson Ranked #6 in MI
Century 21 Town and Country - Royal Oak, MI
#11 Century21 Realtor in the US, #16 in the World

Just might be time to get a lawyer who writes really good letter and have the lawyer layout your case .  Seems like this is an open and shut case.  You referred she accepted and she refuses to pay you what she agreed.

Jan 24, 2016 10:12 PM
Shanna Day Team Leader AZ & UT - Call 480-415-7616
Keller Williams Realty EV (AZ) & Keller Williams SLC (UT) - Mesa, AZ
Top 0.33 of 1% of 79,000 AZ Realtors

This is pathetic.   I agree what goes around comes around, and I cannot imagine wanting something that "obvious" to come back around.    It's a small world - even here in the rain.  If a name slips, payback is immanent. 

Jan 24, 2016 10:42 PM
Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

I pity the souls of those who would not pay their dues and live life with a strong set of ethics Kathleen Daniels ...

Jan 24, 2016 11:29 PM
Ginger Harper
Coldwell Banker Sea Coast Advantage~ Ginger Harper Real Estate Team - Southport, NC
Your Southport~Oak Island Agent~Brunswick County!

I like so much what "Paul" said.  I agreed with this..

Jan 24, 2016 11:36 PM
Eric Kodner
Madeline Island Realty - La Pointe, WI
CRS, Madeline Island Realty, LaPointe, WI 54850 -

I've never had a problem with getting paid when the referral was with a fellow CRS member. CRS has a well-established referral culture, and there is a culture of cooperation between CRS members as well.

Jan 24, 2016 11:48 PM
Gary L. Waters Broker Associate, Bucci Realty
Bucci Realty, Inc. - Melbourne, FL
Eighteen Years Experience in Brevard County

Excellent comments here.  Impressive the amount of interaction this one is getting as well.  I am thinking all will want to hear he final resolution.

Jan 25, 2016 12:01 AM
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

I would consult with the Board and Legal counsel about recovering what is owed.  One reason I got my Broker's License is my Broker did not back me up in a case like this.  They did not want to deal with it.  

Jan 25, 2016 02:50 AM
Ellen Caruso
Daniel Gale Sotheby's International Realty - Glen Head, NY

What goes around comes around! I'm going through something similar now and while I've learned about who not to trust, somehow I get a good lead and know someone is looking out for me!

Jan 26, 2016 11:52 AM
Cindy Edwards
RE/MAX Checkmate - Johnson City, TN
CRS, GRI, PMN - Northeast Tennessee 423-677-6677

The other agent owes you a referral, no doubt.  can you take it in front of the board?  

Jan 27, 2016 05:13 PM
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

It is not in my nature to act the way you have described. My word is my word. I did two referrals using an AR member last year. Thankfully I was paid and everything went well. I can honestly say this agent did a great job and paid me in a very timely manner. She was working with family members of mine, and choosing the right agent was very important to me. 

Feb 03, 2016 10:32 AM
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Kathleen Daniels not sure how I missed this post. (More so when it was featured.)

Did you follow up with the other broker who also happens to be on AR?

As an AR member, I expect much higher standards from another fellow member than this.

Feb 15, 2016 07:50 AM
Kathleen Daniels, Probate & Trust Specialist

Praful Thakkar - Yes, I did follow up ... many times and I was ignored. 


Like you, I expect very high standards from an AR member.  Mike & Eve Alexander had a similar issue with an AR member.  It seems it happens more than we see posts about it.  You know me, I write the good, the bad and the ugly. In this case, the dishonest and unethical ... which likely falls in the bad and ugly category.

Feb 15, 2016 08:49 AM
Eren Millam
Realty World Cosser & Associates, Inc. - Chehalis, WA
Certified Negotiation Expert

Our referral contract says 180 days. If your contract is open ended, I'd settle for 10k or threaten to sue for the whole amount. If I get screwed over, I chalk up the loss to "stupid tax" and I make sure to never make the same mistake. Good luck on the collection!

Feb 15, 2016 09:10 AM
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Coldwell Banker Realty

One point that occurs to me in general is that indeed both "Designated Brokers" should sign the referral agreement.  That's binding on the brokerage.  What happens if the agent that received the referral moves to a different brokerage?  Is the referral agreement automatically binding on the new brokerage?  I'm guessing probably not.  Something to think about...

Mar 14, 2016 10:08 PM
Mike Kelly,CRS,CIPS

Sanowicz v. Bacal, Second Appellate District, Feb. 26, 2015  explains why even the lack of a broker signature on a referrall agreement is enforceable!

Mar 15, 2016 09:39 AM
Mike Kelly,CRS,CIPS
The MJKelly Team - Santa Rosa, CA
"One of Sonoma County's Natural Resources"

The NorthBay Association of Realtors just had Gov Hutchinson, CAR's Assistant General Counsel,  for a legal and RPA update. He spoke of one lawsuit, Sanowicz v. Bacal, Second Appellate District, Feb. 26, 2015,  which took many brokers by surprise and one very disappointed Realtor. It could have bearing on referral fees as it allows ONE agent to sue ANOTHER agent for commissions owed. Usually the broker's sue the brokers but in this case an agent successfully sued ANOTHER agent for half  of a big commission and won. Appeals court heard and agreed. Here's a link to the article in Realty Times. This happened in California. So perhaps citing this case and then suing a non-paying referred agent for the commission! Now the commission on this case was for a $14,000,000 home in Beverly Hills. Don't know if it would be worth your while for a $200,000 house in Modesto!

 

Mar 15, 2016 09:32 AM
Jane Chaulklin-Schott
TEAMCONNECT REALTY - (407) 394-9766 - Orlando, FL
TeamConnect Luxury Homes - Orlando, Florida, 32836

Kathleen Daniels, I hope I do not miss the conclusion/ending of this sad and frustrating story.  You would think that the Closing  Broker would appreciate getting the referral. Reminds me of the TV program American Greed. Lots of luck thinking that particular broker will ever get another referral from you :) 

Apr 05, 2016 10:08 AM
Mimi Foster
Falcon Property Company - Colorado Springs, CO
Voted Colorado Springs Best Realtor

So after six and a half hours on the phone today, I wanted to document the day :) GREAT conversation! And amazing article! I can't even imagine the greedy heart that would conceive of something like this. Because $30,000 wasn't ENOUGH?

May 04, 2016 12:54 PM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Mimi Foster - I think I broke my record for the longest duration in one single call. Holy Gads woman ... I would love to sit with you face to face and just talk! 

Now, be careful because that greedy heart is right there in your state ... and may well be among the top 3 con artists in the AR community. She continues to get a lot of referrals ... yet she finds it okay to burn those who refer her business. 

May 05, 2016 02:14 AM
Bruce Brockmeier

Wow.

May 05, 2016 02:22 AM
Mimi Foster

I can only hope that my friend the bitch, Karma, finds her soon. 


By far and away my longest phone call EVER!!!

May 05, 2016 04:25 AM
Lynn B. Friedman CRS Atlanta, GA 404-617-6375
Atlanta Homes ODAT Realty - Love our Great City - Love our Clients! Buckhead - Midtown - Westside - Atlanta, GA
Concierge Service for Our Atlanta Sellers & Buyers

Kathleen Daniels 
IMHO you wrote this up in a very professional and honorable fashion - just like the classy woman you are! All the best - Lynn

Jul 16, 2016 01:42 PM
The Villages Realty
The Villages Realty - San Jose, CA
"Our Performance Will Move You!"

Hi, I'm just checking out some of your older posts and older market reports.

Feb 11, 2017 06:25 AM
Eagle Ridge Realty
Eagle Ridge Realty - Gilroy, CA
"Our Performance Will Move You!"

Just going through some of your older stuff, gathering knowledge.  I like the market reports.

Feb 13, 2017 09:12 AM