Jeff Pearl, Full Service Full Time Realtor (RE/MAX Distinctive / LIC in VA)

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Rainmaker
135,733
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

In my brokerage, any side business one of the agents has is his/her own business and never do I expect money to flow through the brokerage for this. The agent should have this business registered with the state corporate division and have its own bookkeeping system.

Jan 09, 2017 03:22 PM
Ambassador
963,932
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

That's up to broker as to how that is handled. I had a broker that wanted a % of $45 BPOs. 

Jan 09, 2017 03:09 PM
Rainmaker
3,037,466
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding and Marketing

NO.  

Jan 09, 2017 03:12 PM
Rainer
198,607
Ken Jones
Newark, NJ
ASA, SCGREA

Jeff Pearl If you go to work for Wegman's as a side job, would they have to pay your broker?

NO!!!

The only time you're required to have payment go through your broker are your earnings for your licensed activity.

Photography, home inspections, appraisals, etc., are NOT income generated by your real estate sales / broker license. Therefore, the person for whom you do the work will pay you, Jeff Pearl, directly.

Jan 09, 2017 05:16 PM
Ambassador
1,650,065
Fred Griffin
Frederick Griffin, Exclusive Buyer's Broker - Tallahassee, FL
Licensed Florida Real Estate Broker

No.

Jan 09, 2017 05:07 PM
Rainmaker
1,208,284
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg IL Area Real Estate

Side business must not be acting like an agent in any form. Pictures is OK, staging is OK.

I think on Pinterest they call it side hustle.

Jan 09, 2017 04:47 PM
Rainmaker
913,739
Kat Palmiotti
Grand Lux Realty, 914-419-0270, kat@thehousekat.com - Monroe, NY
The House Kat

My thought - She would pay you directly. The brokerage pays commission from real estate deals - nothing else.

Jan 09, 2017 04:38 PM
Rainmaker
2,499,707
Michael Jacobs
Coldwell Banker Residential Brokerage - Pasadena, CA
Los Angeles Pasadena Area Real Estate 818.516.4393

It may be related but I don't see it as an activity that would require a real estate license,   I imagine the answer might vary depending on your state and your broker.   

Jan 09, 2017 04:24 PM
Rainmaker
437,544
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

I would assume your IC agreement clearly states that you are being engaged for real estate sales. The side business is YOUR business.

Jan 09, 2017 03:14 PM
Ambassador
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Jeff Dowler
Solutions Real Estate - Carlsbad, CA
The Southern California Relocation Dude - Carlsbad

I think that depends on the brokerage

Jan 09, 2017 03:13 PM
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Debbie Reynolds
Berkshire Hathaway HomeServices PenFed Realty, Your Clarksville Real Estate Professional - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

That is not brokerage type business so it would not have to go through my broker. 

Jan 09, 2017 05:39 PM
Ambassador
2,332,276
Anna Banana Kruchten, CRS
Phoenix Property Shoppe - Phoenix, AZ
Arizona's Top Banana of Real Estate!

No it would be a separate LLC if I as the broker was doing something else. If an agent had a side busienss it would have nothing to do with my brokerage.

Jan 09, 2017 04:10 PM
Rainmaker
1,278,765
Sybil Campbell
Long and Foster REALTORS® 5234 Monticello Ave Williamsburg, Virginia - Williamsburg, VA
REALTOR® ABR, SFR, SRES Williamsburg, Virginia

I would think it would go to you but that would probably be a question for a tax attorney or real estate attorney.

Jan 09, 2017 03:56 PM
Rainmaker
2,147,144
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of Manchester NH's Leading Agents

I would think ones contract with your broker would state that. As a broker I allow my agents to work side jobs as long as it does not interfere with their duties of an agent and if one cleans or takes pictures, that is their money. 

Jan 09, 2017 03:50 PM
Rainmaker
411,096
Gloria Valvasori, ASA
Better Homes and Gardens Real Estate Signature Service - Streetsville, ON
Outstanding Service Since 1987 416-717-6331

I am only obligated to pay my broker for real estate transactions.  If I have a business that is separate and apart, I would not be obligated to pay my brokerage anything.  However, I don't think I would sell my services as a photogrpaher, a stager, etc., to my clients as it could be construed as a conflict of interest and is only inviting potential problems.

Jan 09, 2017 03:50 PM
Rainmaker
427,607
Tony Lewis
RE/MAX of Valencia (Hall of Fame) 30 year Valencia Resident - Valencia, CA
RE/MAX Valencia, Stevenson Ranch, Santa Clarita

The money earned that doesn't require a real estate license does not belong to the brokerage.

Jan 09, 2017 09:28 PM
Rainmaker
670,607
Hella Mitschke Rothwell
(808) 226-1095 or (831) 626-4000 - Honolulu, HI
Hawaii & California Real Estate Broker

Only if I am doing work for which a license is required. If you are under a broker, you should discuss these side incomes. Your broker might not like the idea that you do photography for another brokerage and make their listings look good. But by law, you don't need a real estate license to take photos so this income would not need to go through the broker. At least in California and Hawaii.

Jan 09, 2017 08:13 PM
Rainmaker
283,622
Diana Dahlberg
1 MONTH REALTY - Kenosha, WI
Real Estate in Kenosha, WI since 1994 262-308-3563

No -- separate businesses, but you would probably have to disclose your affiliation?

Jan 09, 2017 08:00 PM
Rainmaker
2,924,470
Dorie Dillard
Coldwell Banker United Realtors® ~ 512.346.1799 - Austin, TX
Serving Buyers & Sellers in NW Austin Real Estate

I would say direct to you..if the activity doesn't require a real estate license then it should go direct to you!

Jan 09, 2017 07:23 PM
Rainmaker
3,831,316
Roy Kelley
Realty Group Referrals - Gaithersburg, MD
Roy and Dolores Kelley Photographs

It depends on your agreement with your broker. I have never had any restrictions.

Jan 09, 2017 06:59 PM
Rainmaker
3,023,593
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

I have my agents disclose to the company any related side jobs and they dont' have to funnel the monies through the company. 

Jan 09, 2017 05:35 PM
Rainmaker
554,585
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Leesburg, VA
Full Service Full Time Realtor

Thanks everyone for your answers.

Jan 09, 2017 04:50 PM
Rainmaker
825,404
Les & Sarah Oswald
Eastvale Team Realty & Property Mgmt - Eastvale, CA
Broker, Realtor and Investor

Depends how you signed the contract. For most brokerages, you are able to keep the whole pay, for their E & O only covers the sale transactions. Best that you check with your broker.

Jan 09, 2017 04:49 PM
Ambassador
2,136,673
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

I think it will depend on the broker. In the past I had a broker that wanted a portion of BPO money earned. I can see where taking real estate pictures and getting paid for it might be considered along the same lines. My current broker wouldn't consider taking any extra money I earned for taking pictures, or doing BPOs. 

Jan 10, 2017 03:19 PM
Ambassador
3,227,453
Praful Thakkar
Keller Williams Realty - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Jeff Pearl - the relationship with the broker is only related to real estate - unless other agreements are in place.

Jan 10, 2017 03:11 PM
Rainmaker
814,403
Ryan Huggins - Thousand Oaks, CA
www.HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

It would go to you directly, since it's not a licensed activity that your broker would 1) need to know about or 2) be entitled to a percentage of.

Jan 10, 2017 08:57 AM
Rainmaker
3,572,421
Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
"Franklin MA Homes"

no.... I had a few things going on decades ago....those were separate businesses and I did not do them at the office...

Jan 10, 2017 08:03 AM
Rainmaker
2,086,736
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Its a fair question...How it gets to me is not as important as the getting part

Jan 10, 2017 07:47 AM
Rainmaker
599,021
Jennifer Mackay
Keller Williams Success Realty - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

Absolutely not - if it did I would not stay with that broker

Jan 10, 2017 06:45 AM
Rainmaker
3,530,613
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I don't think you would have to go through your broker for this.  Though, I assume laws and contracts could be different in some states and agencies.

Jan 10, 2017 06:28 AM
Rainmaker
2,068,077
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker

If it does not require a real estate license, it is all yours unless you have some restrictive clauses in your Independent Contractor agreement. If you do look for a new sponsoring broker!

Jan 10, 2017 06:18 AM
Rainmaker
1,997,314
Richard Weeks
Dallas, TX
REALTOR®, Broker

I can only speak for Texas law.  While those activities may be real estate related one does not need a license to perform those function therefore they can be paid directly for those services.

Jan 10, 2017 06:11 AM
Ambassador
1,752,682
Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES
Tropic Shores Realty - Ich spreche Deutsch! - Spring Hill, FL
Florida Waterfront and Country Club Living

Handyman work, photography and staging cater to the real estate industry but they are not real estate services in themselves and therefore would not have to go through the brokerage. 

Jan 10, 2017 04:35 AM
Rainmaker
3,385,766
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Check with your broker,

Jan 10, 2017 04:32 AM
Rainmaker
2,181,224
Tony and Suzanne Marriott, Associate Brokers
Haven Express @ Keller Williams Arizona Realty - Scottsdale, AZ
Serving Scottsdale, Phoenix and Maricopa County AZ

Directly to you.  It doesn't require a real estate license.

Jan 10, 2017 04:26 AM
Rainmaker
1,736,365
Nina Hollander
RE/MAX Executive | Charlotte, NC - Charlotte, NC
Your Charlotte/Waxhaw/Fort Mill Area Realtor

I would guess it depends on how your side business is legally organized. The payment is not a commission related to a home sale or purchase so my initial guess is it goes to you. 

Jan 10, 2017 03:54 AM
Rainmaker
1,141,009
Marc Swartz, CPA, CA, Real Estate Broker
Royal LePage Vision Realty, Brokerage, Direct: (416) 737-9800, Office: (416) 321-2228 - Toronto, ON
Toronto, Durham & York Regions, Ontario, Canada

No.

Jan 09, 2017 11:17 PM
Ambassador
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Paul S. Henderson, CRS, REALTOR®,
RE/MAX Professionals. - Tacoma, WA
Tacoma Washington Agent/Broker & Market Authority!

It depends on your contract with your company!

Jan 09, 2017 10:37 PM
Rainmaker
680,564
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

I surely hope broker look at real estate transaction as his source of income. 

I know one agent was doing virtual tour for other agents including bulk from same office. The office manager asked why he was not doing RE sales.  After lunch he told the manager he got a better commission next door and he can develop his hobby into cash as agreed. 

Jan 09, 2017 09:04 PM
Rainmaker
280,869
Nathan Gesner
American West Realty & Management - Cody, WY
Broker / Property Manager

It's a separate business and has nothing to do with you buying or selling real estate.

Jan 09, 2017 08:45 PM
Ambassador
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Debe Maxwell, CRS
www.AtHomesCharlotte.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
Charlotte Homes for Sale - Charlotte Neighborhoods

To Jeff Pearl (or your photography business).  I believe I would create an LLC though - just to differentiate the business for tax purposes.

Jan 09, 2017 06:59 PM
Ambassador
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Harry F. D'Elia
Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

ask a lawyer

Jan 09, 2017 06:54 PM
Rainer
323,875
Rose Mary Justice
Elite Realty Group - Dandridge, TN
Elite Realty Group

I personally don't do BPO's but another agent in our office did.  She had to pay the broker a percentage.

If it has nothing to do with a sale, I  would say No.

Jan 09, 2017 06:48 PM
Ambassador
2,716,744
Chris Ann Cleland
Long and Foster REALTORS®, Gainesville, VA - Bristow, VA
Associate Broker, Northern VA

Best to talk to your broker and understand their take on it rather than asking us.  Let the broker know and I bet they won't want any of it.

Jan 09, 2017 06:38 PM
Ambassador
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Bob Crane
Woodland Management Service - Stevens Point, WI
Forestland Experts! 715-204-9671

I have spoken to several brokers around here, they would get nothing from our forestry business or our rentals, just on what is listed and sold through them..

Jan 09, 2017 05:28 PM
Rainmaker
62,224
Susie Kay
Ultima Real Estate - Dallas, TX
Dallas Specialist

The check should be payable to you. You don't need to have a broker to be a photographer or a home stager etc. However, having said that, it's probably a good idea to run it by your broker so everyone is on the same page.

Jan 09, 2017 05:10 PM
Rainmaker
2,050,670
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

I do not believe it would have to be. 

Jan 11, 2017 10:33 AM
Rainmaker
2,837,376
Joan Cox
Metro Brokers - House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

I own my own, but would think a side business is one's own business.

Jan 11, 2017 08:36 AM
Rainmaker
1,212,733
Sandy Padula and Norm Padula, JD, GRI NMLS#1483386
Realty One - Carlsbad, CA
Presence, Persistence & Perseverance

That is separate income from your real estate sales efforts.

Jan 11, 2017 07:13 AM
Ambassador
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Patricia Kennedy
Evers & Company Real Estate, Inc. - Washington, DC
For Your Home in the Capital

You need to check your agreement with your broker.  

Jan 10, 2017 06:33 PM
Rainmaker
577,113
Olga Simoncelli
Veritas Prime, LLC - New Fairfield, CT
Broker-Owner, RE Consultant, Licensed in CT & NY

I do not think so.

Jan 10, 2017 05:21 PM