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Advice needed, please

By
Real Estate Agent with Century 21 New Millennium

I have 2 rental transactions for which I have not been paid.

The First

The tenant moved in January 4, 2008 (as in 1 year ago).  This was an HOC client and we paid her security deposit and her portion of the first month's rent directly to the real estate company for the landlord via money order.  The remainder of the first month's rent is sent from the County to the landlord directly.  I have tried repeatedly to call the listing agent to find out about the commission.  She has never returned my calls.  I have spoken to her manager who told me he would look into it and I still have heard nothing.  I had my manager looking into it and they told him they never received payments from their client. 

My client is ready to move again and her landlord is complaining that she never paid a security deposit because he never got one from his company.  Luckily, I have copies of all the money orders.

My porton of the commission would be about $350.  Its not even really about the money anymore but about the principle.  At this point I am mad for a couple reasons, 1.  Its my money.  If I am going to blow $350 I would rather it be on a lobster dinner and fun evening out with my husband and 2.  Now the landlord is suggesting that my client did not pay which will hamper her chances of getting another place if he gives her a bad reference.

Here's my question, what would you do?

My husband, the lawyer, says sue them.  He suggested I could end up on Judge Joe Brown or Judge Judy.

On a serious note, should I report them to the real estate commission?  It seems to be very unethical business practices to keep not just my commission but the client's security deposit.

HELP!!!!!

Posted by

If you or someone you know would like information about buying, selling, or renting a home in Prince George's, Montgomery,  Charles, Calvert, Anne Arundel, Howard, and/or Baltimore Counties please contact Dr. Stacey-Ann Baugh of Century 21 New Millennium.

 

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Dr. Stacey-Ann Baugh

Century 21 New Millennium

www.LiveinPGCounty.com

staceyannbaugh@gmail.com

240-481-3565 (C)

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Comments(15)

June Piper-Brandon
Coldwell Banker Realty - Columbia, MD
Creating Generational Wealth Through Homeownership

Yes, and yes.  Your broker should follow up with their broker.  If you have copies of all the money orders and such  you can give copies to the landlord so he can go after the real estate company.  But, I would take it to small claims court and file a complaint with the commission. 

Feb 02, 2009 06:01 AM
Patty Carroll
Vancouver, WA

You should send a letter to your broker asking for their help and guidance with this situation. Ask them to contact the other broker for you, and then follow their advice. We have found that amazing things happen when it is in writing and not just verbal.

Feb 02, 2009 06:36 AM
Christopher Bonta
The Bean Group - Londonderry, NH
Realtor, Integrity and Honesty

Stacey, sound advise from both June and Patty and you should definitely bring this up to your Board.

Feb 02, 2009 06:40 AM
Sandy Fenton
Keller Williams NY Realty * Licensed Associate Broker - Mount Kisco, NY
ABR, ASP, CDPE, GRI -Westchester NY - Condos to Luxury Homes

Hi there - sorry to hear about your woes.  I totally understand about it just being about the principle of the matter.

In my area, we would take it to the County Board of Realtors for mediation.  The listing office is responsible for holding up their end of the contract - paying the cooperating agent the fee offered on the listing. 

From there I would take it to the state commission.  Then the courts if not resolved.

There may be circumstances that would complicate this seemingly simple matter - in which case legal council may be necessary.

Good luck!

Feb 02, 2009 06:41 AM
Debi Ernst
St. Charles County, Missouri - Prudential Alliance Realtors - O'Fallon, MO
GRI, e-PRO, Broker/Sales Associate

Stacey-Ann - I'm sorry to hear about this.  I agree with the advice that you've received so far.  I hope it turns out well for you!   :)

Feb 02, 2009 06:50 AM
Richard Weisser
Richard Weisser Realty - Newnan, GA
Richard Weisser Retired Real Estate Professional

Stacey-Ann...

Was it in the MLS? report them to the MLS, Write a letter of complaint to the real estate commission about the listing broker, sue for the money and if not too late, place a lien on the real property!

That should get their attention.

Feb 02, 2009 08:55 AM
Dr. Stacey-Ann Baugh
Century 21 New Millennium - Upper Marlboro, MD
A doctor who makes house calls.

June - I did have my broker talking to theirs.  However, I will give the landlord copies so that he knows what's going on

Patty - I think you are right and in writing I might get more response

Christopher - I think I will

Feb 02, 2009 09:42 AM
Dr. Stacey-Ann Baugh
Century 21 New Millennium - Upper Marlboro, MD
A doctor who makes house calls.

Sandy - lucky for me I live with my legal counsel :)

Debi -  thanks

Richard - it was listed in the MLS and I am even listed in there as the rental agent.  That's probably a good place to start.  Thanks

Feb 02, 2009 09:44 AM
Simon Mills
Mills Realty - Toluca Lake, CA

Report them to your local board and then sue them in small claims court.  The local board must protect the integrity of the MLS.  One of the reasons we use the MLS is the listing broker is committing to the commission.  The local board will have more meaningful penalties than the judgement you will get in small claims court.

Feb 02, 2009 11:41 AM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

Stacy, go to GCAAR or whichever association covers the transaction.  That is really bad form!

Feb 02, 2009 01:12 PM
Mary Douglas
United Country Ponderosa Realty, Red Feather Lakes, Colorado - Red Feather Lakes, CO
REALTOR, Red Feather Lakes, Colorado

Stacey-Ann! Take the advice above and get your money!! THEN - take your husband out for lobster and a night on the town :-) Best of Luck to you!!

Feb 03, 2009 04:11 AM
Leslie Prest
Leslie Prest, Prest Realty, Sales and Rentals in Payson, AZ - Payson, AZ
Owner, Assoc. Broker, Prest Realty, Payson,

Do you both belong to the same Board of REALTORS? If so, file a complaint.

Feb 03, 2009 04:46 AM
Paddy (Patricia) Pizappi
Better Homes and Gardens Rand Realty - Pine Bush, NY
Real Estate Associate Broker Hudson Valley NY

Take them for mediation if it is available.  It is wrong and you are entitled.

Feb 08, 2009 10:45 PM
Tracy Williams Pender
Carolina MaxRealty, Inc. - Raleigh, NC
MBA, Knightdale & Raleigh, NC Real Estate

Agree with the broker letter, MLS complaint, mediation route.  Sorry it wouldn't result in your 15 mins on Judge Joe Brown or Judge Judy though...

Feb 10, 2009 02:08 AM
Rich Mielke
REMAX Results, Frederick MD - Frederick, MD
REALTOR, Frederick Maryland Real Estate

Stacey-Ann, we make so little as it is on rentals, it really is a shame when we don't get paid.

Feb 10, 2009 03:49 AM